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Planning Commission Packet - 07/10/1984 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. TIGARD PLANNING COMMISSION JULY 10, 1984 - 7:30 P.M. TIGARD SCHOOL DISTRICT BLDG. - BOARD ROOM 13137 SW PACIFIC HWY. TIGARD, OREGON 97223 1. Call to Order 2. Roll Call 3. Approve Minutes from June 12, 1984, Planning Commission Meeting. 4. Planning Commission Communication 5. PUBLIC HEARINGS 5.1 NPO APPLICATIONS 5.2 SITE DEVELOPMENT REVIEW SDR 9-84 & VARIANCE V 9-84 WINTERLAKE NPO # 7 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 11-84 ZONE CHANGE ZC 7-84 TIGARD WEST DEVELOPMENT NPO # 3 5.4 COMPREHENSIVE PLAN AMENDMENT CPA 14-84 GOAL # 5 5.5 COMPREHENSIVE PLAN AMENDMENT CPA 14-84 GOAL # 10 5.6 COMPREHENSIVE PLAN AMENDMENT CPA 18-84 POLICY 6.3.2 5.7 ZONE ORDINANCE AMENDMENT ZOA 5-84 COMMUNITY DEVELOPMENT CODE 5.8 SUBDIVISION S-8-84 VARIANCE V 11-84 SANiLEWOOD PARK NPO # 2 6. OTHER BUSINESS o Home Occupation findings to be heard July 24, 1984 o Workshop 7. ADJOURNMENT },F �y! r�. 0288P �s r.. [Ire: 1 TIGARD PLANNING COMMISSION SPECIAL MEETING - JULY 10, 1984 1. President Moen called the meeting to order at 7:38 PM. The meeting was held at Tigard School District - Board Room - 13137 SW Pacific Hwy., Tigard, Oregon. 2. ROLL CALL: PRESENT: President Moen; Commissioners Fyre, Peterson, Leverett, Bergmann and Owens (arrived 10:00 PM). ABSENT: Commissioners Vanderwood, Butler and O'Hara. STAFF: Director of Planning & Development William A. Monahan; Associate Planners Keith S. Liden and Elizabeth A. Newton; Secretary Diane M. Jelderks. 3. APPROVAL OF MINUTES FROM JUNE 12, 1984. o President Moen noted there were some typing errors which he would submit to the Secretary. o Commissioner Peterson moved and Commissioner Fyre seconded to approve minutes with corrections. Motion carried unanimously. 4. PLANNING COMMISSION COMMUNICATION o There was no communication. 5. PUBLIC HEARINGS 5.1 NPO APPOINTMENT o Director of Planning and Development made staff's recommendation to have John Mayfield appointed to NPO # 6 and Christie Smith appointed to NPO 1/ 3. o John Mayfield was not able to attend, however, he had called City staff and asked that staff express his desire to become a member of the NPO. o Christie Smith was present and explained why she would like to become a NPO member. PUBLIC TESTIMONY - No one appeared to speak. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Commissioner Fyre questioned if they was any problem with Mr. Mayfield living out of the City. Director Monahan stated the code allowed for individuals who worked or owned property in a NPO area could become members even if they did not live there. Planning Commission Minutes July 10, 1984 Page 1 o Commissioner Bergmann moved and Commissioner Peterson seconded to forward a recommendation to City Council to appoint John Mayfield and Christie Smith to their appropriate NPO. Motion carried unanimously by Commissioners present. 5.2 SITE DEVELOPMENT REVIEW SDR 9-84 WINTERLAKE/WEST & JOHNSON DEVELOPMENT A request for approval of a 150 unit apartment development. (This item was set over from the June 5, 1984, Planning Commission meeting.) o Associate Planner Liden reviewed the history of the project and changes which had been made following meetings between the NPO, Morning Hill Homeowners, and the Developer. He explained concerns of the Engineering Division. He also displayed two plans, labeled Plan one and two nor consideration. o Director Monahan stated that legal counsel was available to give assistance with the decision making process. o Adrianne Brockman, legal counsel, explained how the decision making should work. NPO COMMENTS o Richard Boberg, Chairman NPO # 7, recommended approval of plan number two. They opposed having the project tied to the proposed LID alignment for 135th. They also recommended moving building I & J so the driveway could be constructed around the complex instead of deadending. He requested a condition which would allow the NPO and Morning Hill Homeowners to review the landscaping plan. They also wanted the Morning Hill Subdivision to be protected from traffic going into the residential area from the apartment complex. APPLICANT'S PRESENTATION o Ron Johnson, West & Johnson Development Co., wanted to acknowledge the efforts of the NPO and Morning Hill Homeowners. They favored approval of plan two with the vacation of SW 130th street. He explained changes they would make to plan two as a result of the vacation of SW 130th street. They are willing to have the NPO and Morning Hill Homeowners review the landscaping plan. They did not want approval of the project tied to the proposed LID for 135th, however, they did want to be involved in the improvement of 135th. PUBLIC TESTIMONY o John Morris, 11900 SW Morning Hill did not oppose plan two with modification, however, he did want to review the revised site plan and landscaping plan. He wanted park improvements to be made or 100% bonded before occupancy permits are issued. He severely opposed the one way into the project or closing off access to 135th from the Pond Ct. area Planning Commission Minutes July 10, 1984 Page 2 ,.i rt o Mark Bonebrake, - Felt everything had been covered and had nothing more to add at this time. CROSS EXAMINATION AND REBUTTAL o Commissioner Fyre asked the NPO what they would suggest to avoid traffic going into the Morning Hill residential area. NPO responded by having a two way access onto 135th. Discussion followed regarding the access from Pond Court to 135th and the proposed 135th LID. o Commissioner Leverett did not support having a one way access. o Commissioner Peterson questioned the completion of Shore Drive. Discussion followed. o Commissioner Leverett questioned the landscaping having too many hands involved. Discussion followed. o Commissioner Bergmann asked what would happen if the County would not vacate 130th. Discussion followed. o Commissioner Moen questioned who was asking for the non-remonstrance for the 135th Steet LID. Discussion followed regarding the LID process and that Washington County had requested the non-remonstrance. Discussion followed regarding the park improvements. PUBLIC HEARING CLOSED o Commissioner Fyre thanked the NPO, Morning Hill Homeowners and the Developer for their cooperative work and supported plan two with a two way access. o Commissioner Leverett and Peterson also supported plan two with a two way access. o Commissioner Bergman, supported plan two, noting that there may be a utility easement involved with the vacation of 130th. He also supported the two way access onto 135th. He did not support removing the non-remonstrance for the LID as it has always been City policy to require non-remonstrance agreements for the improvement of public improvements. Discussion followed regarding the LID process. o President Moen commented that the applicant had not opposed the language for the park improvements and felt it should be left as staff proposed. He also supported Commissioner Bergmann's comments regarding the City's policy on LIDs. o Commissioner Fyre moved for approval of SDR 9-84, plan two with the following conditions. 1. Conditions of approval for M 1-80 and S 6-82 shall remain in effect. Planning Commission Minutes July 10, 1984 Page 3 2. Standard street improvements including sidewalks, curbs, street lights, and driveway aprons shall be provided along Lake Drive and Park Street. 3. Seven (7) sets of plan-profile public improvement construction plans and (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for Review. 4. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond), the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with, the issuance of approved public improvement plans. 5. The improvement of Lake Drive and Park Street shall be coordinated with the development of the single family residences in Phase II which are on the north side of Lake Drive. 6. The location of sidewalks along the driveway entrances shall be approved by the Planning Director prior to issuance of Building permits. 7. A modified landscaping plan shall be submitted for Planning Director approval prior to issuing Building permits. The revised plan shall: a. Apply to the approved site plan; b. Incorporate the elements of the plan submitted at the June 5, 1984 hearing plus the 6-foot high site obscuring fence and coniferous trees indicated in the revised plan reviewed by the Commission on July 10, 1984; c. Be consistent with the Vision Clearance provisions of the Code (CH. 18.102). 8. The landscaping materials shown on the approved plan noted in Condition 7. above shall be installed prior to the issuance of t an occupancy permit. 9. A City of Tigard approved non-remonstrance agreement relating, to 135th L.I.D. shall be recorded with Washington County and returned to the Planning Department before building permits are issued or a change of property ownership. 10. The storm drain system shall be privately maintained. Planning Commission Minutes July 10, 1984 Page 4 €i 11. A dedication document including a legal description shall be recorded with Washington County for the 3.4 acre park land. The dedication document will be reviewed and approved by the City prior to recording. The park shall be dedicated prior to the issuance of Building permits. 12. The applicant shall be responsible along with the other developers of Winter Lake for the grading and seeding of the park. The method and timing of the improvement shall be approved by the City prior to issuing Building permits. 13. This approval is valid for the period of one year. 14. Adjust the buildings at the south eastern end of the project to complete drive north to Park Street and close of the loop. 15. Staff to seek NPO input prior to approving the landscape plans. 16. The western half of the 130th Ave. Right-of-Way adjacent to the subject property shall be vacated. The applicant shall initiate the vacation procedure and City staff shall provide assistance to expedite this process. 17. Accomodate any utility easements with the vacation of 130th Ave. 18. Have a two way access onto 135th from Pond Court. Commissioner Peterson seconded the motion. Motion carried unanimously by Commissioners present. 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 11-84 and ZONE CHANGE ZC 8-84 TIGARD WEST DEVELOPMENT CO. NPO # 3 Request for a Comprehensive Plan Amendment from Low Density Residential to Commercial General and for a Zone Change from R 3.5 (Residential R 3.5 units/acre) to C-G (Commercial General). Located 10500, 13370, 13450, 13490, and 13530 SW Watkins Ave. (WCTM 2S1 3DA, lots 4700, 4800, 6100, and 6200 and 2S1 3DD, lot 200.) o Associate Planner Liden reviewed the staff report and made staff's recommendation for denial. NPO COMMENTS o Duane Ehr, NPO # 3 member, stated that the NPO unanimously opposed the Comprehensive Plan and Zone Change based on City Policies and neighborhood opposition. APPLICANT'S PRESENTATION o Stephen Janik, Attorney representing all but one of the applicants, reviewed the site and how GI Joes would be placed on the Site He stated that they would deed property along Watkins to the City so Planning Commission Minutes July 10, 1984 Page 5 there could not be any future access onto Watkins. They would also provide a 20 to 40 foot buffer between the commercial and residential properties. He noted that all accesses were oriented on or toward Pacific Highway. He reviewed the zoning on surrounding properties, commenting that the proposal does not encroach into the neighborhood anymore than surrounding commercial properties. He reviewed how the plan conforms to City policies and the benefits the project would be for the City. He questioned how the staff had applied the City's policies to this proposal. PUBLIC TESTIMONY Proponents o J. A. Paterson, 11605 SW Manzinita, supported the proposal. o J B Bishop, 10505 SW Barbur Blvd. S-303, pointed out that Park and Watkins are unimproved streets and would be improved by this project. This project would provide numerous jobs. Also the 40 ft. buffering is 20 feet more than the code required. He also stated that GI Joes would not be built on any other site in Tigard if not here. Opponents o James A. Cox, 8 North State St., Lake Oswego, Attorney representing surrounding property owners submitted written testimony as well as the names of the people he was respresenting. He responded to the applicant's proposal by reviewing the subject site. He commented that this project would not be just a GI Joes but rather a mini shopping center, which is the practice of GI Joes. He stated that the buffering is a site development review item not a land use item. He noted that the applicant had promised a traffic study which had never been submitted. He continued that the subject property has always been zoned residential and the other properties referred to by Mr. Janik were already zoned commercial prior to development proposals. He submitted a copy of testimony given by Mr. Janik to the bankruptcy court, reading portions into the record. He stated that a corridor study has never been completed for Pacific Highway and it was impossible to project the traffic impact this proposal would have. In conclusion, GI Joes had been denied in 1978, now that the site has been altered with the construction of Pietros, it should be denied again instead of encroaching into the residential neighborhood. Commissioner Owens arrived o Doug Nicolai, 10655 SW Park St., President of Save Our Neighborhood showed slides of the surrounding area and the properties included in the zone change request. He emphasized that these properties do not warrant destruction for commercial use. He submitted that the buffer which exists, provides a better buffer against commercial development than the 40 ft buffer proposed by the applicant. He maintained that the rezoning would be an encroachment into the single family residential neighborhood. Planning Commission Minutes July 10, 1984 Page 6 t o Dennis Moonier, 10634 SW Kirk Lane, wanted to go on record as not opposing development on the existing commercial site but only the encroachment into the established single family residential area. He quoted comprehensive plan policies which were written to protect established residential areas. He opposed the zone change as not being consistent with the Comprehensive Plan. o Dennis Owen, 10945 SW Fairhaven, raised questions regarding the traffic that would be increased if the Commercial site is enlarged. He explained how the traffic would impact the residential areas and the inadequate road conditions. Also because Metro has not completed the corridor study for Pacific Hwy it is unknown what the impact would be. o George Fitzgerald, 13145 SW Watkins, a member of Save Our Neighborhood, read and submitted petitions signed by 184 neighboring individuals opposing the application. o Ted Pazderie, 13435 SW 107th, opposed the application because it would set a precedent and that the safe guards proposed by Mr. Janik could not be guaranteed. o Jeanett Kromer, 13465 SW 107th, opposed the application. Her concern was for the safety of the children who had to use this route to walk to school. o Jim Nicoli, 10710 SW Fairhaven Way, felt the offer to dedicate the property to protect access onto Watkins was a void offer, that a deed restriction would be a better method. He felt if the houses were left it would keep the juveniles from crossing into the commercial site over the landscaped and fenced areas. He felt there would be jobs created even if the site would develope as is. He also stated that the neighborhood is a well maintained neighborhood and is not declining except for the homes that the developer has purchased. o Donna Grossman, 13485 SW Watkins, opposed the zone change. Her house will face the back of the proposed development. She stated they had purchased their home because the existing buffer was adequate protection from Pacific Highway noise and the. commercial property. If this application is approved it would decrease the value of her home. o Duane Ehr, 10425 SW Park, opposed the application as not being economically feasible. He appealed to the Commission to deny the application and keep the residential land as residential and commercial land as commercial. o Bob Bledsoe, Chairmen NPO # 3, stated that the NPO had met the night before and reviewed the application and concurred with the staff report, especially the encroachment into the residential neighborhood. Also, this application was calling for a change from one basic use to another use and should have to meet the necessary criteria. . Planning Commission Minutes July 10, 1984 Page 7 CROSS EXAMINATION AND REBUTTAL o Steve Janik responded to the public testimony concerning the amount of land needed for this development. He opposed the use of the Carl Buttke traffic study as not being pertinent to this site. He commented that the noise would be better blocked by the building than by the existing buffer and that if it was left the way it is the existing houses would be the buffer against the commercial site. He did not feel the zone change was an encroachment into the neighborhood. o Jim Cox asked if this zone change was approved what boundary in the City would be safe. This property has always been the boundary between residential and commercial and he did not feel the zone change could be justified. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Commissioner Bergmann felt this development was likened to the Fred Meyer site. He had not made up his mind and wanted to listen to the other Commissioner's comments. o Commissoner Peterson stated he would like to see a GI Joes, but was concerned with the encroachment into the residential area. He felt the residential area as it is would be a better buffer. o Commissioner Leverett was inclined to support the zone change with sufficient buffering. o Commissioner Fyre asked staff if the comp plan change could be conditioned. Staff stated it could not. He didn't feel there was any compelling reason to make a comp plan change. He saw it as a definate enchroachment. o President Moen reviewed the staff report and applicable policies. He felt the zone change did encroach into the residential neighborhood. o Commissioner Fyre moved and Commissioner Peterson seconded to deny CPA 11-84 and ZC 8-84 based on the following findings: 1. The change in use from residential to commercial will encroach upon an established single family neighborhood. It will initiate the replacement of five residences with commercial development and will probably set a precedent for the establishment of commercial activity on the east side of Watkins Avenue south of Park Street as well as other areas along Pacific Highway. 2. The applicant has not demonstrated the need for the Zone Change. The property to the east appears to be capable of accommodating a wide variety of commercial activities without requiring additional land. Planning Commission Minutes July 10, 1984 Page 8 3. Policy 6.3.1, which states the City shall direct its land use action toward the maintainence and the improvement of the established residential areas. 4. Policy 6.3.3, which states that all phases of the development approval process in a residential established area, primary consideration of the City shall be to preserve and enchance the character of the adjacent established areas. Motion carried three to two. Commissioners Moen, Peterson and Fyre voting yes; Commissioners Bergmann and Leverett voting no. (Commissioner Owens abstained as she was not present for the entire hearing.) 5.4 GOAL # 5 SIGNIFICANT WETLANDS AREAS CPA 14-84 Associate Planner Newton made staff's recommendation to amend Chapter 18.84 of the Community Development Code to include a new Section 18.84.045 Exceptions for Development in the 108th/113th Ravine significant Wetlands Area. PUBLIC TESTIMONY o Elton Phillips, 16565 SW 108th, opposed staff's recommendation stating that the maps for that area were incorrect. PUBLIC HEARING CLOSED PLANNING COMMISSION DISCUSSION AND ACTION o Discussion followed regarding how floodplain is determined and how it would impact Mr. Phillip's property. o Discussion regarding criteria number three. o Commissioner Peterson moved and Commissioner Bergmann seconded to word the recommendation to City Council to add the following section: 18.84.045 Exceptions for Development in the 108th/113th Ravine significant Wetlands Area. A. Under the Sensitive Lands Permit process., the Hearings Officer may allow portions of the Ravine at 108th and 113th designated as a significant wetlands areas to development provided that all of the following criteria are met. 1. All of the land (within the ravine) being considered for development is at less than 25% slope. 2. There are no unstable soil conditions on the land being considered for development. Planning Commission Minutes July 10, 1984 Page 9 3. Must comply with the tree cutting ordinance section. Motion carried unanimously by Commissioners present. 5.5 GOAL # 10 MEDIUM HIGH DENSITY RESIDENTIAL ZONING DISTRICT CPA 14-84 o Associate Planner Newton made staff's recommendation to take testimony on increasing the number of units permitted in the medium density zone from 20 to 25 and to forward a favorable recommendation to City Council. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Commissioner Owens moved and Commissioner Fyre seconded to forward CPA 14-84 to the City Council with a recommendation to increase the Medium High Density from 20 to 25 units per acre. Motion carried unanimously by Commissioners present. 5.6 CPA 18-84 POLICY 6.3.2 o Associate Planner Newton made the staff recommendation to amend Policy 6.3.2 b and the compatibility matrix to enable staff to administer this policy effectively. PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Commissioner Owens moved and Commissioner Bergmann seconded to foward a recommendation of approval to amend Policy 6.3.2 b and the compatiblity matrix per staff's recommendation. Motion carried unanimously by Commissioners present. 5.7 ZOA 5-84 CHANGES TO THE COMMUNITY DEVELOPMENT CODE. 5.8 SUBDIVISION S 8-84 and VARIANCE 11-84 SANDLEWOOD PARK NPO # 2 Planning Commission Minutes July 10, 1984 Page 10 o Commissioner Fyre moved and Commissioner Peterson seconded to continue the ZOA 5-84, S 8-84 and V 11-84 to July 24th, 1984, to be held at Tigard City Hall. Motion carried unanimously by Commissioners present. 6. Meeting adjourned 12:00 Midnight. ! 4,0c, Diane M. Jelderks`ecretary ATTEST: ade-Vt- A. Donald Moen, President 0514P dmj Planning Commission Minutes July 10, 1984 Page 11 _ fll PLANNING COMMISSION ROLE CALL: ite Donald Moen ybo- Bonnie Owens _ John Butler AO Milton Fare tpir Deane Leverett _Aegeo 4 Dave Peterson s //ICJ-) Chris Vanderwood 'OLO (V) i1914eatr, rntOthi l if • • • ____7114/6 • NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME: and note their address on this sheet. (Please Print your name) ITEM/bESCRIPTIO : ® • ' • or • - l �, • i % PROPONENT (For) OPPONENT (against) Name, Address and Affiliation Name, Address and Affiliation 1 n) ��A€4, Sri' ;9/ UO X kip r u'") PVT eel 00• (2-.01\ 4Z6i U1/4)1(s c tir1 0Q- `fl O'Z 0 a ► • CIA) eov e At Ala; Ac l ' 4 d s� ff" r•. FI i t 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 Print your name) 5.1 ITEM/bESCRIPTION: CA /(1.44 d aid- - OPPONENT (against) PROPONENT (For) Name,��AAdddress and Affiliation Name, Address and Affiliation 4./ 1 ell LS- ' l -/4w. . NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME and note their address on this sheet. (Ple se Print your name) « /b ITEM ESCRIPTION: ('? °A /5.--6 GiOftL #- /O .__._______. PROPONENT (For) OPPONENT (against) _ Name, Address. and Affiliation Name, Address and Affiliation I TIGARD PLANNING COMMISSION SIGN UP SHEET NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIK NAME and note their address on this sheet. (Please Print your name) ITEM/bESCRIP.TION: Cp �' / 6- 5.6 • . 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 sheet. (Please Print your name) 6.7 ITEM/bESCRIPTION: 2.0A ' . 114 Jo - 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 sheet. (Please Prin)t�yourr name) ITEM/DESCRIPTION: S - 55/ f/ J/- 5. l I i . la A _ . lam L L ` _ t')Po PROPONENT (For) OPPONENT (against) NA e, Address and Affiliation Name, Address and Affiliation �r .A` , I Ili/ •IllarAggli 0 t � A 1E6 irobLA a A / L-23- I - 1 I 16. .4? . 1 t --1- ' r,/r A/ Io Z ii ENE111116, ,cs 1 'NV > o Seca At. . I:.,•(d a& S' ■ 1 6 --�- . o6 , t'-1 I : 1 1 1 P. Agenda Item 5.1 Planning Commission Mtg. July 10, 1984 NPO APPLICANTS MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the Planning Commission July 6, 19844 � FROM: William A. Monahan, Director of Planning and Development 44'�"jj�l SUBJECT: NPO APPOINTMENTS The following individual have applied for membership on the City NPO's: John Mayfield, 301 Madison, OC NPO # 6 11555 SW Durham Rd. Tigard Christie C. Smith, 13210 SW Ambiance, Tigard NPO # 3 Both applicants have been notifed that their application will be considered at the July 10, 1984, meeting of the Commission. If both are appointed, the NPO membership will be as follows: NPO # 1 9 NPO # 2 3 NPO # 3 9 NPO # 4 9 NPO # 5 10 NPO # 6 11 NPO # 7 10 ti The Commission should consider the applications and made a motion to recommend that the City council approve their membership applications. • CITYOF TIGARD CITIZEN COMMITTEE INTEREST APPLICATION NAME: I I/a l C,,/ DATE: j40-1-e, G j r�f f" ADDRESS (RES.): o / a,•6J.->-,. JfY 4 a (d RES. PHONE: 6,SY,-J/k,,•! ADDRESS (BUS.): P55-5 3./4I. )/1r/G,rl 1::-;J --',,;.'c;K4 y( BUS. PHONE: GGC) `c.0 JY',i 1 LENGTH OF RESIDENCE IN TIGARD:01-/7;[ - 4 (4s7/-//. SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? ) �EDUCATIONAL BACKGROUND: � cal -, ,,,,v,-- — y A «- ' ,e OCCUPATIONAL STATUS AND BACKGROUND: /(;Y/e1772.4,7 v �}-4,6, , q, R_ 44, / r/ '._. HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? /" In077-14 IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? PREVIOUS COMMUNITY ACTIVITY: f7D71-t // 47 ( ORGANIZATIONS AND OFFICES:, 7i l/,/ ;.n 0 , 8,-,,, A/4,4'c/ 4r 7/ 7,,> l c �4/ /41414', f i Artie e,." 4 %% 7f7///12/ ; /�d'-rrY�y9 ,1 ( 7' ✓7 4f;?f 1 OTHER INFORMATION (GENERAL REMARKS): _L `- ,,.,1 , �id ny� ,t ,c.4 .;, t/yl1,0lT l I s. l BOARDS, COMMITTEES OR NPO INTERESTED IN ftDxerimtG 1(% 0k0 ) l yyt . , 7-4/ ihI),:0, 4,, Date Received at City Hall Date Interviewed ,r Date Appointed Board, Committee, N : , or NPO P r Inside City Outside City (0346p) #,^ I l 4.111.111.1.117 i 1��•�(./t t_e 2u . / / d 7f• ( • CITY OF TIGARD CITIZEN CO EXIITIRit �� , �` l � l 3 1994 V --_�_ >93', NAME;... .S.Liad1i, I,A h,. / J / �17Y OF TIGAKO ADDRESS (1411.S. ) : ANNING O t Piton: �j.3 ADDRESS (BUS. ) : l / �C (,c/1LQ. 6JL(,f)/ ( 120 BUS. PHONE: T 1 LENGTH OF RESIDENCE IN TIGARD: SUGGESTED BY: WHERE DID YOU LIVE PREVIOUSLY? , /■ar ./ _. / p.■ -. I / I • EDUCATIONAL BACKGROUND: ttazth 2 , -vn` •/ ,/ , iYX� OCCUPATIONAL STATUS AND BACKGROUND: �_ • L• �/!/.�__; • 1 `_/ I n I� a i � I •._' '�/ HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM? • ( jl(�) !,1 ,'i. �r „_'�%i I I IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA (NPO APPLICANTS ONLY)? , �i ,„,., A 4 _4_ at PREVIOUS COMMUNITY ACTIV TY: �,,.��� :� LO (.Ltd / / 1 . , ' i4-L Q I/ / Imo, . ,�,/, ' / . ..10/, ��I, ' , � // • n/• //i g' ./. I/. _..ii.,. MI _ t../ %/.I., 9/AIM •_,_ .1, i //i 0� .. / e iil .i 02. _i1 •• Apriii-/ ' i ti / �I / r ) OP I �r I S I / 0 o _ iI /.:',, v r A ' I ORC NIZATIONS AND OFFICES: . A i g. :.,•/ . 1." ,;. :_ '. /�_ !4 ,O •• . . . • . - ` 0 /�.._.-.4 •• ,/ , /s ° ✓ ,4 4/ / L . ` _ _ _ L , r _ _�J OTHER INFORMATION (GENERAL REMARKS) : I / • i .. , (r!/ J�■ (44 a7itaU 44211, zatA t- Atte, iu, 7ird 7,622, at , , 1),I'd411,12*111-411Z-21ff ( - ' ,r / Z -r ". .1-* ,/ . 2• 4 /.L/ ' _. €i1 Ar '! ..- ... 0 IB AKUS, COMM I'I"I'EES OK NPO INTERESTED I N: ac4i, .. . . ..__________ _. .. . __ „ .. _.. ___ ._... . .. . Dnli Kereived at (illy !hill Italy lulu rvtrwr,t ___ Witt, Apiwinii•d R.i ..'dl, Cilium t I IC•,', „t NI'i1 _ ..-_.... 111.. 1 d.• t il y ()III !. 14i1. t I1 `' 111 ;•41,1, } I Christie C. Smith 13750 S.W. Fairview Court Tigard, Oregon 97223 (503) 639-8403 PROFESSIONAL EXPERIENCE 1980 - Present C.I.T. Corporation 1600 S.W. Fourth, Suite 655 Portland, Oregon 97221 (Transfered from Spokane Division and promoted to Senior Clerk) Senior Clerk- Handle initial loan inquiries. Research application, make recommendation and if approved, process loan. Some collection work (in office) plus evaluation for extensions, rewrites and transfers. Set up UCC sales and auctions for repo'd equipment. Schedule Com- modity Checks and Monthly Rental Reports. Keep up-to-date records on Insurance, Titles, and fil- ings for equipment financed through C. I.T. 1979 - 1980 C.I.T. Corporation 717 West Sprague Avenue Spokane, Washington 99201 Executive Secretary- All Division Head, Private, Confidential , and Home Office correspondence. Compile and prepare Division Head Reports and maintain Personnel files. In charge of hiring all clerical staff. A/P and A/R. Maintain tease and Corporate ledgers. Cut all Division and Region checks, handle expense accounts, pay bills and process the purchase of new business. Balance and forward all reports to Home Office (N.Y. ) daily. Handle all insurance, filings, UCC's and Titles for equipment financed and leased by C.I.T. Arrange air and hotel reservations, plan banquets conferences and conventions. Order supplies and keep inventory. Obtain Credit Reports. Operate CBI terminal. Notary Public Christie C. Smith Page 2). 1972 - 1978 Air Sea Land Travel Service Ridpath Hotel Spokane, Washington 99201 Assistant Manager, Lincoln Building Branch. Tour planning, Tour Guide, work closely with Japanese Sister City (P/R) during Expo '74. Wrote Domestic and International tickets, reservations and itin- eraries. 1969 - 1971 Old National Bank of Washington 0.N.B. Building Spokane, Washington 99201 Supervisor- Employee Benefits and Trust Department. Set up Employee Benefits programs and Keogh Plans. Work in Individual and Government Trust accounts. EDUCATION 1965 Holy Names Academy (H.S. ) 1966 - 1968 Holy Names College 2 years - Liberal Arts OTHER TRAINING 1968 Kinman Business School 1969 - 1971 American Institute of Banking 1972 United Airlines Ticketing School 1981 - 1982 Oregon State University Audited courses in Accounting and Business Law STAFF REPORT AGENDA ITEM 5.2 JULY 10, 1984 - 7:30 P.M. TIGARD PLANNING COMMISSION FOWLER JUNIOR HIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Site Development Review SDR 9-84, Variance V 9-84 REQUEST: For approval of a 150 unit apartment development. LOCATION: East side of SW 135th Avenue, 1/2 mile south of Scholls Ferry Rd. (Wash. Co. Tax Map 1S1 33DC, tax lot 500) COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R-12(PD) (Residential 12 units/acre, planned development) APPLICANT: West & Johnson Development Co. OWNER: Russell Krueger P.O. Box 426 12225 S.W. 2nd Ave. Wilsonville, OR 97070 Beaverton, OR 97005 2. Background A Sensitive Lands Permit (M 1-80) was granted in February, 1980 to allow development on the subject property which contains an identified drainageway. Approval was subject to the following conditions: a. That the question of emergency vehicle access be resolved at the General Plan and Program Hearing. b. That site and public drainage construction plans be approved by the Building and Public Works Departments prior to issuance of Building Permits or Bonds. c. 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. d. That the proposed drainage system shown on this application be added to the General Plan. On June 23, 1980, the Tigard City Council approved a Zone Change request (ZC 29-79a and ZC 29-79b) to allow for a development consisting of 1 single family residences (Phase I) and multiple family dwellings (Phase STAFF REPORT - SDR 9-84 & V 9-84 - PAGE 1 • at II). A 14 to 15 acre area in the southeast corner of the Winterlake development was rezoned to A-12 (R-12 replaced this zone) to accommodate Phase II of the project. A condition of that approval stated that "Phase II - ZC 29-79a (Apartment) shall be brought before the Planning Commission at a later date". A portion of Phase I has been completed. On November 9, 1982, preliminary subdivision approval was granted by the Planning Commission subject to the following conditions: a. Public improvements for each phase shall be constructed prior to the issuance of any occupancy permits. b. A dedication document including a legal description shall be recorded with Washington County for the 3.4 acre park land. The dedication document will be reviewed and approved by the City prior to recording. c. The developer shall submit an application for site design review for Phase II prior to issuance of any Building Permits on Phase II. d. The applicant shall submit a plan for park improvements prior to issuance of any building permits on Phase II. The park plan shall be approved by the Director of Planning and Development in accordance with presently established park standards. In addition, all park improvements shall be completed or bonded for 100% of the cost thereof prior to issuance of any building permits on Phase II. The area that had been zoned A-12 was rezoned to R-7 as part of the Comprehensive Plan and Community Development Code revision process that was concluded in November, 1983. On April, 1984, a zone change (ZC 9-84) from R-7 to R-12PD involving the area covered by this application was approved by the City Council. on June 5, 1984, the Planning Commission reviewed this application (SDR 9-84) and continued the hearing until July 10, 1984 to afford the applicant additional time to supply supplementary information related to the Site Development Review and to meet with NPO #7 and the Morning Hill Home Owners Association' prior to July 10th. 3. Vicinity Information The area involved in this development includes the multiple family portion of Phase II of the Winter Lake development. Morning Hill subdivision lies to the south with an R-4.5 zone applying to the lots west of Lake Drive and an R-7 zone applying to those east of Lake Drive. Undeveloped property zoned R-20 is to the west, undeveloped land zoned R-4.5 lies to the east, and a single family residential portion of Phase II, which is also intended to be developed this summer, is on the north side of Lake Drive. 4. Site Information and Proposal Description Presently, only part of Winter Lake Drive (Brittany Square) . is completed and the remainder, including Phase I b. and II, is undeveloped. The STAFF REPORT - SDR 9-84 & V 9-84 - PAGE 2 property consists of a grass field with a drainageway (includes a man-made lake) that runs downhill in a northeasterly direction. The applicant has submitted a revised site plan (Sheet 1) and narrative for the project with the following modifications: a. The number of apartment units has been reduced from 160 to 150. b. The variance request has been deleted and 150 covered parking spaces are provided. c. An additional driveway has been added onto Park Street in the northern portion of the project. d. A driveway onto 135th Avenue has been re-established at the northwest corner of the development. Also, while the site plan was being revised, it was noted that the 130th Avenue right-of-way, which abuts the eastern boundary of the project, will not be needed for any future street improvements. The applicant has submitted an alternative site plan based upon the assumption that this portion of 130th Avenue could be vacated. Preliminary information indicates that the first 10 feet along the property frontage is dedicated right-of-way but the remainder of 130th Avenue is an undeveloped easement. The applicant intends to look into this matter further before the hearing. This alternative proposal (Sheet 2) differs from the plan on Sheet 1 in the following manner: a. The covered parking spaces are outside of the 100-foot transition zone. b. The landscaped buffer is expanded from 35-55 feet to 45-79 feet in depth along the southern property line. The landscaping plan submitted for the June 5th hearing will be modified to include a six-foot high sight obscuring fence and a row of ten-foot tall pine or fir trees along the entire southern boundary of the project. The third sheet of the revised plans contains a cross-section showing a typical relationship between the buffer area and the apartment buildings. 5. AGENCY AND NPO COMMENTS The Engineering Division had the following comments for the June 5th hearing: a. The standard construction and compliance conditions should be applied. b. The development of Lake Drive and Park Street should be coordinated with the development of the single family residences on the north side of Lake Drive. STAFF REPORT - SDR 9-84 & V 9-84 - PAGE 3 c. Since the storm sewer system is only serving one ownership, the owner should be obligated to privately maintain the system. d. The proposed drive to 135th Avenue should be deleted. The revised plans have been submitted to the Division and comments will be presented at the hearing. Washington County Fire District No. 1 has no objections. Washington County Department of Land Use and Transportation recommends that Park Street be completed and that a non-remonstrance agreement for the 135th Avenue LID be required as a condition of approval. NPO # 7 plans to meet on July 9th to formulate a recommendation for the Commission. B. ANALYSIS AND CONCLUSION The previous conditions of approval for M 1-80 and S 6-82 will apply to this application as well. The park dedication has not occurred at the request of the City. The purpose of the delay was to use the park land donation as a matching contribution in an application for State funding to develop the park. The State funding did not materialize and the land will be deeded to the City in the near future. In terms of the condition relating to park improvements, it is intended that the entire Winter Lake development be responsible for grading and seeding the park area. The applicant should contact the other developers in Winter Lake to arrive at a solution for the improvement of the park which is acceptable to all parties involved, including the City. The staff has reviewed the two alternative site plans proposed by the applicant. One includes the existing property and the second is based upon the assumption that 130th Avenue could be vacated. Both plans are in conformance with Code requirements except for two minor items noted below. The major components of the proposal relate to density, landscaping and screening, parking, and access. a. Density. The R-12 zone allows for a maximum density of 12 units per acre. In addition, Chapter 18.92 of the Code provides a formula for calculating the allowable density for a specific project. The applicant has submitted a copy of the calculations (pp 5-6) which shows that a maximum of 162.7 units may be allowed on the property. Staff finds the applicant's calculations to be correct. b. Landscaping and Screening. The landscaping plan submitted for the June 5th hearing met Code requirements except for several trees which interfere with vision clearance at two driveway locations. Amendments to the initial STAFF REPORT - SDR 9-84 & V 9-84 - PAGE 4 1 plan along the southern boundary of the project are noted on the revised site plan. If the application is approved by the Commission, a final landscaping plan which incorporates the original elements and the proposed revisions should be prepared and approved by the Planning Director prior to issuing building permits. c. Parking. Chapter 18.106 of the Code requires 1.5 parking spaces for each dwelling unit plus an additional 15% of guest parking that is "centrally located" within the development. A total 248 spaces is required and the applicant is proposing 150 covered spaces and 109 uncovered spaces. Off-street parking spaces must be within 200 feet of the building they are required to serve. Both site plans meet applicable requirements. d. Access. Chapter 18.108 of the Code requires three 24-foot wide driveways to serve a 150 unit development. The site plan indicates that five driveways are proposed. Five-foot wide sidewalks are required along one side of the driveway entrances leading into the development. These sidewalks should connect with the five foot wide public sidewalks that will be required along both sides of Lake Street. C. RECOMMENDATION The Planning staff recommends approval of Site Development Review SDR 9-84 subject to the following conditions: 1. Conditions of approval for M 1-80 and S 6-82 shall remain in effect. 2. Standard street improvements including sidewalks, curbs, street lights, and driveway aprons shall be provided along Lake Drive and Park Street. 3. Seven (7) sets of plan-profile public improvement construction plans and (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for Review. 4. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvement plans (the Division will require posting of a 100% performance bond) , the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 5. The improvement of Lake Drive and Park Street shall be coordinated with the development of the single family residences in Phase II which are on the north side of Lake Drive. STAFF REPORT - SDR 9-84 & V 9-84 - .PAGE 5 B 6. The location of sidewalks along the driveway entrances shall be approved by the Planning Director prior to issuance of Building permits. 7. A modified landscaping plan shall be submitted for Planning Director approval prior to issuing Building permits. The revised plan shall: a. Apply to the approved site plan; b. Incorporate the elements of the plan submitted at the June 5, 1984 hearing plus the 6-foot high site obscuring fence and coniferous trees indicated in the revised plan reviewed by the Commission on July 10, 1984; c. Be consistent with the Vision Clearance provisions of the Code (CH. 18.102). 8. The landscaping materials shown on the approved plan noted in Condition 7. above shall be installed prior to the issuance of an occupancy permit. 9. A City of Tigard approved non-remonstrance agreement relating to the 135th L.I.D. shall be recorded with Washington County and returned to the Planning Department before building permits are issued or a change of property ownership. 10. The storm drain system shall be privately maintained. 11. A dedication document including a legal description shall be recorded with Washington County for the 3.4 acre park land. The dedication document will be reviewed and approved by the City prior to recording. The park shall be dedicated prior to the issuance of Building permits. 12. The applicant shall be responsible along with the other developers of Winter Lake for the grading and seeding of the park. The method and timing of the improvement shall be approved by the City prior to issuing Building permits. 13. This approval is valid for the period of one year. PREPARED BY: Keith Liden APPROVED BY: William A. Monahan Associate Planner Director of Planning & ¢' Development (KSL:pm/0463P)) STAFF REPORT - SDR 9-84 & V 9-84 - PAGE 6 GEORGE SCOTT 11640 S. W. 135th Avenue Tigard, Oregon 97223 July 6, 1984 Planning Commission City of Tigard, Oregon 12755 S. W. Ash Tigard, Oregon 97223 Re: Winter Lake Apartment (SDR 9-84) Dear Commissioners: I am the owner of that certain property located at the northwest corner of the above proposed development. Specifically, my property is legally identified as Tax Lot 400, Washington County Tax Map 151, 33DC. My property is not currently developed to its highest and best use and I have no current plans for any development. Accordingly, my property is characterized as a "developing area" according to the Community Development Code of the City of Tigard, Oregon. I understand a question has arisen during the processing of the Applicant's site design plan under the above proceeding whether that plan complies with any applicable requirements for transitional areas or buffer zones. No such requirements apply to my property because of its categorization as a "developing area." I am also expressing my support for and urging your approval of the Applicant's site design plan. I have reviewed this plan, found it satisfactory in all aspects and reflecting an obvious concern and sensitivity by the Applicant for the adjoining neighborhood while maximizing liveability for project residents. Very truly yours, il / Y �` 4 '1 G O SCOTT *. b July 10, 1984 MEMORANDUM FOR: Planning Commission City of Tigard, Oregon FROM: West and Johnson Development Company SUBJECT: Site Development Review SDR 9-84 and Variance V 9-84 This memorandum, the information contained herein and the attachments hereto are submitted as additional evidence in connection with the above subject which was heard initially on June 5, 1984 and, at such hearing, continued until the date hereof. I. Variance Request (V 9-841 . The variance request is hereby withdrawn. II. Additional Evidence fob Site Development Review (SDR 9-84) and Hearing Continuation. The June 5, 1984 hearing regarding SDR 9-84 was continued for the following reasons: A. Applicant was to be given an opportunity to comply with sections 18.40.040 and 18.100.070 of the Comprehensive Development Code (CDC) of the City of Tigard, Oregon; and, B. Applicant was directed to meet and discuss the site design plan revised in accordance with subparagraph A. hereof with variously affected parties including representatives of Neighborhood Planning Organization (NPO) No. 7 and the Morning Hill Home Owners Association. In response to the reasons given for the hearing continuation, Applicant hereby offers the following: WINTER LAKE APARTMENTS (SDR 9-34) - Page 1. A. Revised Site Plan. The revised site plan for the Winter Lake Apartments project submitted herewith by Applicant for approval incorporates the following modifications: i. The number of apartment units has been reduced from 160 units to 150 units, a reduction of 6.25%; ii. 150 covered parking spaces in compliance with Tigard CDC 18.106.030 (A) (4) ; iii. Additional access point at extreme northwest corner of project onto Lake Drive; iv. Retention of access point onto S. W. 135th Avenue in contravention to June 5, 1984 City of Tigard Staff recommendations and re- located at northeast corner of project; v. Removal of all multi-family building structures from within the 100 foot residential transition area adjacent to the project's entire southern boundary and in compliance with Tigard CDC 18.040.040; vi. Removal of all covered parking spaces from 100 foot residential transition zone; vii. Expansion of Buffer required by Tigard CDC 18.100.070 from approximate 35 foot depth of earlier site design plan to approximate average depth of 72 feet; and, viii. Relocation of building structures, covered and open parking spaces and attendant improvements to accomodate the above modifications. B. Discussions with Affected Parties. In response to the request for additional meetings with affected parties, Applicant has met and discussed with various individuals and organizations, including representatives from NPO No. 7 and the Morning WINTER LAKE APARTMENTS (SDR 9-84) - Page 2. Hill Home Owners Association, the revised site design plan submitted herewith and other collateral issues. The dates and places of those meetings are as follows: June 5, 1984: Discussions with affected parties who attended Planning Commission hearing of same date to determine specific concerns. This meeting was held in Fowler Junior High School, Tigard, Oregon and lasted approximately one hour. June 14, 1984: Discussions with representa- tives of Morning Hill Home Owners Association at which revised site design plan was presented and reviewed. Representatives of NPO No. 7 were also present. This meeting was held at Fowler Junior High School, Tigard, Oregon and lasted approximately two hours. Attached hereto as Exhibit "A" is a copy of notes from that meeting prepared by an attendee representating the Morning Hill Home Owners Association wherein certain issues concerning the site design plan were described. June 27, 1984: Presentation to meeting of NPO No. 7 at which representatives of Morning Hill Home Owners Association were present. Attached hereto as Exhibit '8" is a copy of a June 27, 1984 memorandum to the attendees of this meeting wherein those issues raised at the prior June 14 meeting are addressed (A portion of that memorandum deals with the question of the vacation of S. W. 130th Avenue and its possible availability for inclusion in this development. That issue will be discussed below.) In addition, a second revised site design plan was presented and discussed. This meeting was held in the Administrative Offices of the Tigard School District, Tigard, Oregon and lasted approximately one and one-half hours. July 9, 1984: Presentation to Special Meeting of NPO No. 7 at which site design plan submitted herewith was presented and discussed. Representatives . of Morning Hill Home Owners Association were present. Meeting was held in the Administrative Offices of the Tigard School District, Tigard, Oregon. A copy of this memorandum was presented and reviewed at such meeting. WINTER LAKE APARTMENTS (SDR 9-84) - Page 3. 1 In addition to such meetings, Applicant has held numerous telephone conferences with affected parties and met with City of Tigard staff officials. No discussions or meetings have been held by the Applicant with any member of any Approval Authority of or representating the City of Tigard, Oregon or its Planning Commission. In conducting such meetings with affected parties, Applicant has been sensitive to and aware of the dictates of the Oregon Land Use Board of Appeals (LUBA) which requires "an articulate challenge" to a goal requires a record "which demonstrates that citizens' concerns were heard and considered Pnd shows why those concerns were or were not ultimate..y reflected in the comprehensive plan." Gruber v. Lincoln County, 2 Or LUBA 180, 188 (1981) . While such discusses citizen involvement in the context of preparation and adoption of comprehensive plans, it has some applicability in this instance. Related to this issue is the question of citizen influence versus citizen control. The point that citizen influence is not synonymous with citizen control and that the right to participate does not imply a right to prevail is made in Multnomah County v. • 11 • ' Z - . . . 0 - • _ • ! • X41 c� LCDC No. 78-002. Applicant believes it has addressed and attempted to resolve all concerns of affected citizens. The single greatest concern expressed by those citizens representing the Morning Hill Home Owners Association has been the proximity of the proposed multi-family development to their properties. Applicant's revised plan complies with Tigard CDC 18.40.040 by providing a 100 foot deep residential transition zone with no multi-family buildings contained within it. The minimum standard imposed by Tigard CDC 18.100.070 requires a 15 foot deep landscaped buffer area that contains "no buildings, accessways or parking areas." Applicant's revised site design plan reflects citizen concerns by expanding the landscaped buffer area to 480% of the code minimum, that is, an average depth of 72 feet. Likewise, Applicant has made a diligent effort to remove all development with the exception of an accessway from the residential transition area and landscape such to standards exceeding Tigard CDC minimum requirements. WINTER LAKE APARTMENTS (SDR 9-84) - Page 4. Concerned citizens have expressed objections on technical grounds. These objections are as follows: 1. Number of Units permitted by Tigard CDC 18.92 (Density Computations) . In response to the question of whether the !' number of proposed units complies with the applicable provisions of the Tigard CDC, Applicant hereby offers its computation of the net permitted units per acre: Gross Area: 15.13 Acres Deduct: r.. fi Land within 100- year floodplain None Land or Slopes exceeding 25% None Drainageways (1.96 Acres) rr Land dedicated for Park Purposes None Public Rights-of-Way (2.27 Acres) Land for Private Streets None Existing Dwelling None Net Development Area 10.90 Acres Net Development Area (Square Feet) 474,804 SF Net Units (calculated by dividing Net Development Area (Square Feet) by minimum number of square feet required for each lot (3,050 square feet - Tigard CDC 18.54.050 (A) ) 155.67 Units WINTER LAKE APARTMENTS (SDR 9-84) - Page 5. y,. Add: Res 'd nt;a7 Density Transfer Drainageway area (85,813.20 Square Feet) divided by minimum lot size (3,050 square feet) times 25% 7.03 Units Total Number of Units Permitted 162.70 Units Applicant's site design plan is for 150 units which is 92.19% of the maximum permitted number of units. The question about number of permitted units arises because of the size of the drainageway. A concerned citizen has stated, based on some document not made available to Applicant and unknown to Applicant, the drainageway area is about 3.70 acres. Applicant has measured the drainageway area and verified the area of such is 1.96 acres thereby confirming the accuracy of the calculation of number of permitted units. 2. Traffic Volume and Impact Concerned citizens have stated that the volume and impact of traffic to be generated by Applicant's development will be substantially greater than earlier proposals presented in connection with this property. This matter arises because of the April 1984 zone change (ZC 9-84) concerning the 3.13 acre portion of Applicant's project which is frequently referred to as the "Pond Court" property. Proposals prepared prior to the date of that zone change apparently showed the Pond Court property being developed with 15 or 16 attached or detached single-family residential dwellings. Those same proposals indicated the larger parcel that includes the drainageway being developed with 138 multi-family units. Applicant believes its development proposal will generate a lesser volume of traffic thereby mitigating any adverse affects such traffic might cause. Should this earlier development proposal have been approved, a total of 268 parking spaces would be required (30 spaces for the single-family residential WINTER LAKE APARTMENTS (SDR 9-84) - Page 6. portion (assumes 15 dwellings) and 238 spaces for the apartment project) . Applicant's proposal for a 150-unit multi-family development requires and will contain 259 parking spaces, which is less than the number of spaces required under the earlier proposal. Further, this earlier development plan did not include any access points onto S. W. 135th Avenue as does Applicant's plan. Having such will further alleviate any adverse traffic impacts in addition to the lesser amount of traffic anticipated with Applicant's plan. 3. Non-compliance with Tigard CDC 18.02 (A) .. ' Concerned citizens have stated approval of Applicant's proposal will not comply with the provisions of Tigard CDC 18.02 (A) . This section of the Tigard CDC describes the purposes for implementation of the CDC with section (A) thereof stating one such purpose to be: "Ensure that the development of property within the City is commensurate with the physical characteristics of the land, and in general, to promote and protect the public health, safety, convenience and welfare [ .1 " This concern apparently arises from a vvaa..c riled c:itizell's belief that approval of Applicant's proposal will fail "to promote and protect the public health, safety, convenience and welfare." Such failure constitutes, according to this theory, the creation by Applicant of a private nuisance which is tortious interference with the use and enjoyment of land. Any such nuisance action must be based on any one or more of the three recognized bases for recovery in tort, i.e. , intent, negligence or strict liability. Raymond v. Southern Pacific Co. , 250 Or 629, 634, 488 P2d 460 (1971) . The test for intent is that the defendant creates or continues activity with full knowledge that G{ harm to plaintiff's interests is substantially certain to follow. ,Jacobson v, Crown Zellerbach, 273 Or 15, 19, 539 P2d 641 (1975) . Applicant believes its actions of several meetings with involved citizens and resolving concerns by reducing the proposal's number of units and removing improvements from the residential transition WINTER LAKE APARTMENTS (SDR 9-84) Page 7. zone clearly show Applicant is not intending to create or cause any form of nuisance activity. While these tests for nuisance are elastic and do not fit into neat categories, one factor considered by courts is interference with the use and enjoyment of land. However, the utility and reasonableness of defendant's conduct must be outweighed by harm to the plaintiff. State Dept. of Env. Oual. v. Chem. Waste, 19 Or App 712, 717, 528 P2d 1076 (1974) . In instances where uses were found to be unreasonable, the following types of interference have been recognized and found to create a private nuisance: 1. Percolation of water from an irrigation canal, Union Pacific Railroad Co. v. Vale, Oregon Irrigation District, 253 F Supp 251 (D Or 1966) ; 2. Emission of slate dust, Smejkal v. Empire Lite-Rock. Inc. , 274 Or 571, 547 P2d 1363 (1976) ; 3. Cement dust and noise, Lunda v. Matthews, 46 Or App 701, 613 P2d 63 (1980) ; 4. Pig farming in a rural-residential area progressing toward residential, Jewett v. Deerhorn Enterprises. Inc. , 281 Or 469, 575 P2d 164 (1978) ; 5. Backing up of river water onto plaintiff's property due to fill in river, Phillips Ranch. Inc. v. Banta, 273 Or 784, 543 P2d 1035 (1975) ; and, 6. Sawdust exudate from sawmill, York v. Stallings, 215 Or 13, 341 P2d 529 (1959) . The point being no precedent exists involving a use and development of property in compliance with previously approved comprehensive plans and zoning ordinances. No Oregon court has adjudicated a factual instance similar to the theory raised by the concerned citizens in this matter. In Applicant's opinion, the factual occurrence of two-story apartment buildings located 100 and more feet from an existing single-family residential neighborhood fails to come close to the standards set for nuisance. This is further reinforced WINTER LAKE APARTMENTS (SDR 9-84) Page 8. _ by Applicant's efforts to assuage citizen concerns by reducing the number of units in the proposal, re- locating improvements a considerable distance from adjoining uses and the extensive landscaping planned. An emerging cause for nuisance action deals with what are known as visual or aesthetic sensibilities. Applicant does not believe citizen concerns embody this somewhat uncertain doctrine. Such considerations may warrant an exercise of police power, however, the Oregon Supreme Court has raised, but did not answer unequivocably the question of "whether a city can wholly exclude a use of property on the sole ground that the use is offensive to aesthetic sensibilites." Oregon City v. Hartke, 240 Or 35, 400 P2d 255 (1965) . The facts of that case involved a zoning ordinance which totally excluded commercial automobile wrecking from the city except as a nonconforming use. This instance, that is, a comparatively low-density multi-family development near a higher-than-normal density single-family residential development does not compare with the instance of an automobile wrecking yard. III. itequesb for Favorable Consideration of Applicant's Request Conditioned upon Vacation of S. W. 130th Avenue. Applicant requests approval of the revised site design plan submitted herewith. The proposed use is permitted outright and the site design plan meets or exceeds all Tigard CDC requirements. Applicant also requests such approval include a special condition that the City of Tigard, Oregon immediately undertake a vacation proceeding with respect to that portion of S. W. 130th Avenue which adjoins Applicant's property and, upon the conclusion of such proceeding, one-half the lands vacated therewith vest to the ownership of Applicant. In so requesting, Applicant hereby objects to the imposition of any further or additional changes to the revised site design plan submitted herewith that would require further delays or impose additional costs on Applicant in deciding this request. The basis for this position is that "discretion not limited by explicit, objective, exact criteria discourages builders WINTER LAKE APARTMENTS (SDR 9-84) - Page 9. and adds delay and cost to housing." 1000 Friends v. Milwaukie, 3 LCDC 1, 6 (1979) . If technical or issues of minor significance arise or remain unresolved when this request is decided, such should be conditions to the approval and thereby allow Applicant to proceed with its development plan. The so-called "St. Helens Policy" (LCDC, Rousing yolicy, Discussion (July 12, 1979) ) as codified in ORS 197.307 requires local governments to allow needed housing "in a zone or zones with sufficient buildable land to satisfy that need." This policy continues by not prohibiting local governments from imposing standards, special conditions or procedures to that permission, however, "such must be clear and ob- jective and must not have the effect, either of them- selves or cumulatively, of discouraging, such as through unreasonable cost or delay, the needed housing type." The vacation proceeding regarding S. W. 130th Avenue is essential to the operation of applicant's revised site design plan. Without the additional land to be made available from such vacation, the feature of no improvements within the residential transition zone is not possible. Therefore, if approval contains the requested special condition for such vacation proceeding, a commitment by all involved parties to the ultimate success of such action is mandato yy ___ Applicant believes such vacation can be accomplished without unreasonable delay under the provisions of ORS 368.620. This section applies to a county road (S. W. 130th Avenue is such) that has not opened within two (2) years from the date of the order establishing-it, or has not been used for vehicular traffic by the public for a period of sixteen (16) years. The county court will review the petition for vacation and either causes the road to be opened or ordered vacated. No consents from abutting landowners are required nor is there any statutory provision for comP abutting compensation of the abuttin landowners if the vacation affects the market value of their property. This latter provision is limited to the extent that the vacation proceeding can not deprive any property owner from access to his or her property by public road or other right-of-way. WINTER LAKE APARTMENTS (SDR 9-84) - Page 10. ;` EXHIBIT "A" TO JULY 10, 1984 MEMORANDUM FOR THE PLANNING COMMISSION OF THE CITY OF TIGARD, OREGON IN RE: WINTER LAKE APARTMENTS (SDR 9-84) WINTER LAKE APARTMENTS (SDR 9-84) - Page 11. (5) _ ILk '4 aRkfundrwroo \)-6 Plain UJ's1 1F 9ovr w- k)PO# 0 j riAorninahili born¢.OW Aa.t e 1 r r,ol M®r n n h !J r (� cc ess ckwophwr►f will 90 di recta y to).5 6-et 'Pence- cd 1I be. by;i+ q[Or� `4 in o r n i n 11 („e vtl rn.e,irrt ()AIL) 3 9h42_ . -rain..-c. -co • - w iLit j_ ci- ao . .ao M aO L /amc o r fli ovy,r , i con 4,e . Para* • ow Abe_ lct ZQ c .on -e2 'a can s 00-14 . rnkt ..j C Co Q accuilim9 wcCC ibiL foAcoiciocxfol_ 103Ap_trn9 letcohy rca con /24._.a.k., . u-nRliNcas Ccc . - . (col c d3J \i-urun pc(5 . - ibecocc 6) P-owcut. E'L�5 We' K 10033,6-62, enc( 46te .44, • t • hl EXHIBIT "B" TO JULY 10, 1984 MEMORANDUM FOR THE PLANNING COMMISSION OF THE CITY OF TIGARD, OREGON IN RE: WINTER LAKE APARTMENTS (SDR 9-84) L ii WINTER LAKE APARTMENTS (SDR 9-84) - Page 13. June 27, 1984 MEMORANDUM FOR: Neighborhood Planning Organization (NPO) No. 7 and Morning Hill Homeowners Association, Tigard, Oregon FROM: West and Johnson Development Company SUBJECT: Winter Lake Apartments, Tigard, Oregon This memorandum will address issues raised during a June 14 meeting concerning the proposed plan of development for the Winter Lake Apartments. 1. Connection „Lake Drive to Mornin H • Drive. You requested that Lake Drive not connect to Morning Hill Drive. Both streets are either currently dedicated to, or required to be dedicated to, the City of Tigard, Oregon. We will be required to improve the Lake Drive right-of-way to standards imposed by the City of Tigard and intend to comply with such as they pertain to our development. The intersection of Lake Drive and Morning Hill Drive is not within the boundaries of our property nor is the northerly extension of Lake Drive to the boundary of our property. We would not object to any realignment of that portion of Lake Drive or its intersection with Morning Hill Drive so long as any proceedings in connection with such do not delay the design review application we currently have pending or impose unreasonable additional costs. This matter is one which you must resolve with the City of Tigard, Oregon. 2. Access onto S s, W. 135th ,Avenue The site design plan we submitted for review at the June 5, 1984 Planning Commission hearing indicated an access point onto S. W. 135th Avenue. WINTER LAKE APARTMENTS - Page 1. City staff recommended such be deleted. In response to that recommendation, the site plan you reviewed at our June 14 meeting eliminated the access point onto S. W. 135th Avenue. You requested such not be eliminated. We have no objection to such and have reinstated_ acce_SA. onto S. W. 135th Avenue, The au€horization for this b,1L `access can only be given by either City Staff or the Planning Commission. 3. - A '.40 .., . • 0 - f . . - : .. 9 • Our original plan indicated a five-foot high hedge to be part of the required landscaping plan. You requested such be eliminated and, in place thereof, a six-foot high fence be installed. We have no objection to substituting a fence for the hedge subject to concurrence by City Staff and the Planning Commission. 4. Landscaping within Transition Buffer. You asked that the landscaping plan within the transition buffer include a berm with a maximum elevation not less than the finished grade of the residential lots adjoining the southern boundary of the proposed Winter Lake project. Likewise, you asked that the fence (Issue no. 3) be installed at the point of this maximum elevation. We believe our original plan met or exceeded these requirements, however, we are hereby reiterating our willingness to provide such as a minimum requirement subject to concurrence by City Staff and the Planning Commission. 5. Covered Parking Facilities be p_ rovideed for Spaces adjoining Falcon Rise Drive. We are unable to comply with this request as doing so defeats the purpose for covered parking spaces. The City's requirement for covered parking spaces is imposed for the primary parking requirement (1 covered space for each apartment unit) and to provide protection to occupants and their automobiles. To not have these covered parking spaces adjacent to the units they serve is not consistent with the code's intent and the purpose for such covered parking. WINTER LAKE APARTMENTS Page 2. 6. Number of Access Points. You questioned whether the project complied with the Code's requirements for access points. We do not believe any of the previously submitted plans for the project, when considering the project in its entirety and not as two separate projects, failed to comply with this access point requirement. Neverthe- less, the plan submitted herewith now has a total of five (5) access points including one onto S. W. 135th Avenue (Issue No. 2) . 7. Turnaround. The plan submitted herewith indicates a turn- around configuration for vehicles. A similar configuration was indicated on the original plan submitted for the June 5 hearing. The plan you reviewed at the June 14 meeting was conceptual in nature and was intended to deal with other issues. We do intend and have always intended to provide such a form of turn- around for emergency and other vehicles. 8. Centrally Located Visitor and Guest (Shared) parking. Section 18.106.020 (G) (2) of the City Code requires that Shared Parked be "centrally located." The Code provides no guidance about determines centrally located parking. One can rationally assume a separate and distinct shared parking area located a substantial distance from the majority of improvements would not be in compliance. The shared parking spaces for this project are interspersed within the project. Central locations can readily be determined for projects that are not irregularly shaped as is the case here. Accordingly, we believe we comply with the Code's intent for centrally located parking. 9. Required Parking within 200 feet of, Unit being Served. Section 18.106.020 (H) (2) of the City Code requires off-street parking spaces be located not further than 200 feet from the building or use they are required to serve. This distance is to be measured in a straight line from the building. We believe the plan submitted herewith complies with this requirement WINTER LAKE APARTMENTS - Page 3. 10 . Duffer from Scott House. A question arose during our June 14 meeting as to whether the proposed plan complies with the density transition and buffer requirements where it adjoins the so-called Scott House at the project's northwest corner. We believe such requirements are not applicable under the "developing area doctrine," that is, the current use of the Scott House property is not one which is developed to its highest and best use and the Winter Lake site is being first developed. Further, we will be obtaining a letter from Mr. Scott and entering such into evidence whereby Mr. Scott states no objections to the plan of development and waives any and all future claims to object on the basis of non-compliance with the code requirements. 11. possible Filling of Winter Lake. At your request, we investigated the possibilities of filling part of the southerly portion of Winter Lake and using the reclaimed land for improvements. We found the amount of land that could be reclaimed, the costs associated with such and the resultant minor amount of additional site area gained renders this issue unfeasible. 12. Parking Spaces in Transitional Zone on Southern Property Boundary. The current project development plan is for 152 apartment units which requires a total of 262 parking spaces (228 required spaces and 34 shared parking spaces) . During the planning process between our June 14 meeting and preparation of the plan submitted herewith, we attempted to minimize the number of parking spaces within the transitional zone on the southern property boundary. We find it impossible, however, due to site size limitations, to limit or eliminate parking spaces from this portion of the site. The minimum code requirement is that the buffer strip be not less than 15 feet in width and contain no improvements whatsoever except landscaping. At its closest point, parking spaces are 35 feet from the property line; a distance which is 233% of the code's minimum requirement. WINTER LAKE APARTMENTS Page 4. e You have stated you will support no variances whatsoever from code requirements. Without a variance we find it impossible to deal with your request for no or few parking spaces within the transitional zone. This is not to imply we are unsympathetic to your requests and ask you to consider the following solution. The street right-of-way for S. W. 130th Avenue (eastern property boundary) has been legally vacated, but title to those vacated lands has apparently not been revested in the appropriate owners. While we have not yet been able to confirm such, we believe that our property size can be increased should one-half this right-of-way be added to our current property size. This may allow us to deal partially with, but possibly not the entire question of removing parking spaces from the transitional zone. Parking spaces must be 18 feet in length and manuevering areas must be provided for such spaces. If the minimun manuevering area width is 24 feet and the parking space is 18 feet long, then a total of 42 feet is required for parking areas. If that portion of the right-of-way which is added to our property is 30 feet in width, then we can not accomodate easily the transfer of parking spaces. This is not to say some parking can not be provided in this additional area, but the number of spaces will be limited; perhaps no more than 10 spaces. The current plan indicates 5 required parking spaces and 15 shared spaces in the area which you would prefer to be landscaped only. If we are able to move 10 of these parking spaces into the additional area gained by the S. W. 130th Avenue vacation, then 10 parking spaces would remain in the transitional zone. To eliminate any of these final 10 spaces will require a variance to the code's parking requirements. We are willing to request such a variance and thereby relocate a majority of those parking spaces that are closest to the southern property boundary. We are not willing, however, to request such a variance without your support; particularly in view of your previously stated position of demanding no variances be granted for this project. CITY OF TIGARD PLANNING COMMISSION �.n FINAL ORDER NO. 84-01r6 A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND A ZONE CHANGE REQUESTED BY TIGARD WEST DEVELOPMENT, JB BISHOP, GI JOES, AND ALICE TREFFINGER, FILE NO. CPA 11-84 AND ZC 8-84, DENYING THE APPLICATION REQUESTS, ENTERING FINDINGS AND CONCLUSIONS. The Tigard Planning Commission heard the above application at its regular meeting of July 10, 1984. The applicants appeared along with their attorney and architect. Appearing for the opposition were a number of interested property owners, represented by legal counsel and the Neighborhood Planning Organization (NPO # 3):• The Commission finds the following FACTS in this matter: 1. The applicants for this matter, Tigard West Development, JB Bishop, GI Joes and Alice Treffinger, requested a reclassification from R 3.5 zoning and low density designation, which would allow for single family residential units to a (C-G), General Commercial designation on a parcel of land designated as Washington County Tax Map 2S1 3DA Tax Lots 4700, 4800, 6100 and 6200 and Washington County Tax Map 2Sl 3DD lot 200. The information supporting the request is found in File "t? No. CPA 11-84. 2. The applicant's justification is presented In the minutes for the July 10, 1984, Planning Commission meeting. The applicants at that time, represented by Attorney Stephen Janik, spoke to issues relating to squaring off a parcel that is 80Z committed to commercial, potential negligible traffic impact on neighboring streets, a change to a commercial designation which would be better for the existing residences, the conformance of the application to the plan policies, whether the residential zoning on the 5 residential lots in question was a mistake, and the increase in jobs for local residents and the conformance of the application to locational criteria. 3. The relevant approval criteria in this case are the State-wide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, & 14. Goals 3, 4, and 15 - 19 do not apply. In addition, the City of Tigard Comprehensive Plan Policies 2.1.1, 5.1.4, 6.3.3 and 12.2.1. The Commission make the following FINDINGS in this matter: 1. State-wide Planning Goal # 1 is met because the City has adopted a Citizens Involvement program including review of all development applications by the Neighborhood Planning Organization (NPO). In addition all public notice requirements were met. 2. State-wide Planning Goal # 2 is met because the City applied all applicable State-wide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. State-wide Planning Goal # 5 does not apply because no open space f would be created or removed by this application proposal. 3x Pa;, 4. State-wide Planning Goal # 6 does not apply because water, air and land resources quality would not be affected by this application proposal. 5. State-wide Planning Goal # 7 does not apply because there are no natural hazard areas on the property. 6. State-wide Planning Goal # 8 does not apply because there would be no recreational facilities being constructed or removed as a result of this proposal. 7. State-wide Planning Goal # 9 does not apply because the portion of land being proposed for the change from residential to commercial is too small to impact the City's employment picture. 8. State-wide Planning Goal # 10 does not apply because the removal of 5 homes from the City's housing stock would not have a great impact City-wide. 9. State-wide Planning Goal # 11 is met because public facilities are available to the site. 10. State-wide Planning Goal # 12 is not satisfied because SW Watkins Street is not improved to City standards, 11. State-wide Planning Goal # 13 does not apply because there are no great energy savings to be gained by changing the five residential properties to commercial. 12. State-wide Planning Goal # 14 does not apply because the proposed change does not affect rural land. 13. City of Tigard Comprehensive Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property were given notice of the hearing and an opportunity to comment on the applicants proposal. 14. City of Tigard Comprehensive Plan Policy 5.1.4 is not satisfied because approval of the applicants' request would allow commercial development to encroach into a residential area that has not been designated for commercial use. 15. City of Tigard Comprehensive Plan Policy 6.3.3 is not satisfied 1 because approval of the applicants' request will not preserve and enhance the character of the adjacent established area. I` 16. City of Tigard Comprehensive Plan Policy 12.2.1 is satisified in that all of the appropriate locational criteria have been applied to the project, however, not all of the locational criteria can be met by the applicants' proposal. 4k The Commission adopts the following CONCLUSIONS OF LAW: 1. Based on Finding Number 14, the Commission has determined that the applicants' request to redesignate five single family residential lots to commercial would allow commercial development to encroach into a residential area that has not been designated for commercial use. 2. Based on Finding Number 15, the Commission has determined that the granting of the applicants' request will not preserve and enhance the character of the adjacent established area. 3. Based on Finding Number 16, the Commission has determined that the applicants' request does not meet all of the locational criteria setforth in Policy 12.2.1. Specifically, locational criteria (1) (a) is not met "The commercial area is not surrounded by residential districts on more than two sides." is It is, therefore, ORDERED that, based on the above Findings and Conclusions, the application for a Comprehensive Plan Amendment and Zone Change in this t; matter be, and the same hereby is denied. It is further ordered that the applicant be notified of the entry of this order. PASSED: This co-IJb day of b/446.4...u, 1984, by Planning Commission of the City of Tigard. 9*et e-t. A. Donald Moen, President Tigard Planning Commission 0671P dmj !!' Sn' tai STAFF REPORT AGENDA ITEM 5.3 July 10, 1984 - 7:30 P.M. TIGARD PLANNING COMMISSION TIGARD SCHOOL DISTRICT - BOARD ROOM 13137 SW PACIFIC HIGHWAY TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: • Comprehensive Plan Amendment, CPA 11-84 and Zone Change, ZC 8-84. REQUEST: For a Comprehensive Plan Amendment from Low Density Residential to Commercial General and for a Zone Change from R-3.5 (Residential 3.5 units/acre) to C-G (Commercial General). APPLICANT: Tigard West Development Co. OWNER: Same G I Joes'Inc. , Alice Treffinsen and JB Bishop 3853 SW Scholls Ferry Road Portland, Oregon 97221 LOCATION: 10500, 13370, 13450, 13490, and 13530 SW Watkins Ave. , Tigard (Wash. Co. Tax map 2S1 3DA, Tax Lots 4700, 4800, 6100, and 6200 and 2S1 3DD, lot 200). LOT AREA: 99,000 square feet, 2.3 acres 2. Background Kristen Subdivision (S 12-79) was proposed in 1979 to create seven residential lots along Park Street, however, did not receive final City approval. 3. Vicinity Information A triangular area lies south of Park Street, west of Pacific Highway, and east of the subject property zoned C-G (Commercial General) and is `. partially developed with commercial uses. Properties to the north, west and south contain single family residences that are in the R-3.5 '. (Residential 3.5 units/acre) and R-4.5 (Residential, 4.5 units/acre) zones. 4. Site Information and Proposal Description The five properties being considered in this application are developed with single family residences on lots that are 130 feet deep and vary from 116 to 210 feet in width. The lots are all contiguous beginning at Park Street running south on the east side of Watkins Avenue. 4`. STAFF REPORT - CPA 11-84 and ZC 8-84 - PAGE 1 The applicant proposes to change the Comprehensive Plan designation from Low Density Residential to Commercial General and to rezone the property to C-G (Commercial General). This modification is requested to enlarge the commercial property to the east. The applicant contends that the additional space is necessary to accommodate a 55,000 square foot retail business. The applicant indicates that no access to Watkins Avenue is desired and an exit directing vehicles to Pacific Highway will be proposed on Park Street. The retail facility will require a Site Development Review approval prior to any development of the site. 5. Agency Comments The Engineering Division has no objection but indicates that future development on the property may require a sanitary sewer easement across Tax Lots 4800 and 6100. The Building Inspection Office has no objections. The State Highway Division indicates that the proposed retail development could potentially affect the Watkins Avenue and Park Street intersections with Pacific Highway. The Division has no objections at this time. NPO # 3 recommends denial. B. ANALYSIS AND CONCLUSION The applicant has submitted a narrative in support of the proposal which addresses specific policies in the Comprehensive Plan. The Planning staff has reviewed the application and its relationship to the Plan. The relevant provisions and policies are discussed below. It is important to recognize that this review should only deal with issues which are germane to the Plan and zone change, not the installation of a specific commercial use. The development of the subject property and the land to the east will be required to follow the Site Development Review process which includes an analysis of Code requirements such as traffic impact, buffering and landscaping. Implementation Strategies 2. The Community Development Code (C.D.C. ) shall provide quasi-judicial changes to the Comprehensive Plan Map which may be initiated by affected parties on a semi-annual basis and approved if the City Council finds: a. The change is consistent with applicable plan policies; b. A change of physical circumstances has occurred since the original designation; or f` c. A mistake was made in the original land use designation. 4.1.1 THE CITY SHALL €? a. MAINTAIN AND IMPROVE THE QUALITY OF TIGARD'S AIR QUALITY AND R' COORDINATE WITH OTHER JURISDICTIONS AND AGENCIES TO REDUCE AIR POLLUTIONS WITHIN THE PORTLAND-VANCOUVER AIR QUALITY MAINTENANCE AREA (AQMA). ' STAFF REPORT CPA 11-84 and ZC 8-84 - PAGE 2 The applicant contends that Tigard residents must travel significant distances to reach retail business similar to the one proposed. A large retail store may reduce the amount of traveling for local residents but it will tend to attract customers from other parts of the southwest metropolitan area. Further study would be necessary before any conclusions could be made regarding impacts upon traffic generation as it relates to air quality. 4.3.1 THE CITY SHALL a. REQUIRE DEVELOPMENT PROPOSALS LOCATED IN A NOISE CONGESTED AREA OR A USE WHICH CREATES NOISE IN EXCESS OF THE APPLICABLE STANDARDS TO INCORPORATE THE FOLLOWING INTO THE SITE PLAN: 1. BUILDING PLACEMENT ON THE SITE IN AN AREA WHERE THE NOISE LEVELS WILL HAVE A MINIMAL IMPACT: OR 2. LANDSCAPING AND OTHER TECHNIQUES TO LESSEN NOISE IMPACTS TO LEVELS COMPATIBLE WITH THE SURROUNDING LAND USES. The applicant indicates that the purpose of the proposal is to remove the house and consolidate the five parcels with the existing commercial property to the east. The additional land will be used to accommodate the store as well as a 40+ foot wide landscaped buffer along Watkins Avenue. This buffer is intended to reduce the negative impact of a commercial use particularly in terms of noise and visual impact. Standard Code requirements mandate a ten foot wide landscaped buffer with screening (eg. hedge or sight obscuring fence) when commercial development occurs adjacent to a residential use. 5.1.1 THE CITY SHALL PROMOTE ACTIVITIES AIMED AT THE DIVERSIFICATION OF THE ECONOMIC OPPORTUNITIES AVAILABLE TO TIGARD RESIDENTS WITH PARTICULAR EMPHASIS PLACED ON THE GROWTH OF THE LOCAL JOB MARKET. The retail development will create approximately 160 construction jobs and 60 full-time jobs. 5.1.3 THE CITY SHALL IMPROVE AND ENHANCE THE PORTIONS OF THE CENTRAL BUSINESS AS THE FOCAL POINT FOR COMMERCIAL, HIGH DENSITY RESIDENTIAL, BUSINESS, CIVIC AND PROFESSIONAL ACTIVITY CREATING A DIVERSIFIED AND ECONOMICALLY VIABLE CORE AREA. Although this request will have a minimal impact upon the downtown area, the transformation of residential land to commercial uses along Pacific Highway will tend to expand upon the existing strip development pattern. If commercial areas outside of the CBD continue to grow it will become increasingly difficult for the downtown area to become a viable commercial center. The downtown area redevelopment remains a high priority, however, the City's ability to fund public improvements and encourage economic growth has been limited by the abolition of the STAFF REPORT - CPA 11-84 and ZC 8-84 - PAGE 3 TURA program. Development of the downtown area will take place only when marked conditions and land availability make it an attractive location. The City does not discourage commercial development outside of the downtown. 5.1.4 THE CITY SHALL ENSURE THAT NEW COMMERCIAL AND INDUSTRIAL DEVELOPMENT SHALL NOT ENCROACH INTO RESIDENTIAL AREAS THAT HAVE NOT BEEN DESIGNATED FOR COMMERCIAL OR INDUSTRIAL USES. The Plan and Zone Change will lead to the removal of five single family residences and their replacement by a commercial use. Presently, a row of seven single family residences are between Watkins Avenue and the commercial property to the east. This proposal would leave the southern two lots which will only be adjacent to residential development on the west side of Watkins Avenue. In addition, a precedent could be set for the conversion of all the residential properties on the east side of Watkins Avenue to commercial use. The following locational criteria apply to the establishment of a Commercial General Zone: 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and service, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale (1) Trade Area. Varies. (2) Site Size. Depends on development. (3) Gross Leasable Area. Varies. B. Locational Criteria PI (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning movements, and the traffic generating characteristics of the various types of uses. STAFF REPORT - CPA 11-84 and ZC 8-84 - PAGE 4 (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses. (b) The site shall have high visibility. (4) Impact Assessment (a) The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non-residential uses. The area to be rezoned has residential zones and single family residential development to the south, west, and on the north side of Park Street. This is contrary to the criteria which calls for no more than two sides being adjacent to residential development. This criteria is intended to minimize the potential for a new commercial use to infringe upon an area that is primarily residential in nature. When combined with the commercial property to the east, the remaining criteria are met or would be evaluated during Site Development Review. In summary, the requested Plan and Zone Change does not appear to be consistent with the intent of the Comprehensive Plan for the following reasons: 1. The change in use from residential to commercial will encroach upon an established single family neighborhood. It will initiate the replacement of five residences with commercial development and will probably set a precedent for the establishment of commi>_rcial activity on the east side of Watkins Avenue south of Park Street as well as other areas along Pacific Highway. 2. The Comprehensive Plan encourages the continued development of the CBD as a commercial center and enlarging the inventory of commercially zoned land along Pacific Highway contradicts this policy. The effect is recognized as minimal given the other factors which make the CBD less desirable for commercial development at this time STAFF REPORT CPA 11-84 and ZC 8-84 - PAGE 5 t 3. The applicant has not demonstrated the need for the Zone Chang e. The property perty to the east appears to b PP be capable of accommodating a wide variety of commercial activities without requiring additional land. C. RECOMMENDATION The Planning staff recommends denial of CPA 11-84 and ZC 8-84 PREPARED B : Keith Liden APPROVED BY: William A. Monahan Associate Planner Director of Planning & Development (0503P/dmj)) qv STAFF REPORT T - CPA 11-84 and ZC 8-84 - PAGE 6 t, t , BEFORE THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION OF TIGARD WEST ) File No. CPA 11-84 DEVELOPMENT CO. , GI JOE' S, INC. , ) and MRS. ALICE TREFFINGER, AND ) File No. CZ 7-84 JB BISHOP FOR A COMPREHENSIVE PLAN CHANGE AND ZONE CHANGE INTRODUCTION This application involves five residential parcels described as Tax Lots 4700, 4800 , 6100 and 6200 in 2S13DA and 200 in 2S13DD (the "Property") . The Property abuts SW Watkins Street and forms the rear edge of a triangle of land formed by Pacific Highway, SW Park Street, and SW Watkins Street. That triangular property, except for the Property here under consideration, is planned and zoned for commercial development and is the site of existing commercial uses along a portion of the SW Pacific Highway. The applicants in this matter are the owners of the residential lots along SW Watkins Street and SW Park Street which constitute the Property. The balance of the triangle is owned by JB Bishop who is now in a Chapter 11 reorganization before the U.S. Bankruptcy Court. As part of the reorganization, agreements } have been reached for developing the entire triangle as a retail , center with G. I. Joe' s as the main retailer. The developer of this retail store will be Tigard West Development, a partnership composed of Vik Development Company of Eugene and Mr. Lindsay F t McArthur. Tigard West Development has obtained an option to purchase the property from JB Bishop, Tigard West Development and G. I. Joe ' s have entered into a lease agreement, pursuant to which Tigard West Development will build a 55 ,000 square foot G. I. Joe's store, related parking, accessways , and landscaping and lease the completed store facility to G. I. Joe' s. The commitment of G.I. Joe' s to this project is perhaps best evidenced by the fact that G. I. Joe' s has purchased Tax Lots 4800 and 6100 , part of the Property which is the subject of this application. Construction of this project will commence in September of 1984. The Property is a strip of existing residences abutting a key commercial area along SW Pacific Highway. The Property is separated from other residential land by SW Watkins Street. The entire triangle is separated from residential uses by SW Park Street and SW Watkins. The site plan proposed provides for no truck or vehicular access along SW Watkins to insure that no traffic resulting from this commercial development will affect the residential streets. The store is oriented on the site in such a way that no trucks or vehicles will divert through residential streets in order to gain access to the store. There is no entrances to the parking area along SW Park Street, only an exit clearly marked, so as to minimize any traffic on Park Street, north of SW Watkins Street. To further insure that no access from the project to SW Watkins will occur, the developer offers to deed a 20-foot strip of its land along SW Watkins to the City of Tigard. That strip will be part of a landscaped 20-40-foot buffer area which will be maintained by the developer. 2 In order to further buffer this commercial use from the residences west of SW Watkins Street, the large trees and shrubs that now exist in this 20-40-foot strip will be retained and additional 13-14 foot evergreen trees will be planted in this 20-40-foot strip according to the requirements to be imposed in the Site and Design Review process. Additionally, a six foot , sight obscuring wood slat and cyclone fence will be built on the easterly edge of this 40-foot strip. Thus, those driving down SW Watkins and those living along SW Watkins will see mature trees and a 40-foot landscaped area, and will only intermittently see a six-foot wood slat fence. The precise fence materials and color will be subject to the Site and Design Review approval. The applicant' s purpose in requesting this plan and zone change is to bring the planning and zoning of this strip of residential land into conformance with the existing commercial designation of approximately 80 percent of this triangle of land fronting on Pacific Highway, so as to allow sufficient land area for a large, quality retail center along Pacific Highway. If this change is not allowed, the effect will be to create substantial conflict between this narrow strip of residential land and the commercially planned portion of the triangle. In that circumstance, those residences would not be buffered from the commercial development planned in the Comprehensive Plan by a street and there would be inadequate land area to locate the 20-40-foot landscaped buffer being proposed here. 3 A SPECIFIC REQUESTS Thus, the applicant is requesting a Comprehensive Plan and zone change on the Property from Residential, 3. 5 to General Commercial, C-G. COMPREHENSIVE PLAN COMPLIANCE A. Comprehensive Plan Changes The standards for granting a Comprehensive Plan change under Tigard's Comprehensive Plan are set forth in Policy 1 , Implementation Strategy 2 at page 1I-8 of Volume 2 of the Plan. That section provides that comprehensive plan changes may be granted by the City Council upon a finding of any of the following: "a. The change is consistent with applicable plan policies; b. A change of physical circumstances has occurred since the original designation; or c. A mistake was made in the original land use designation. " The applicants submit that the requested plan change is justifiable under either criteria (a) or (c) . B. Compliance with Plan Policies This application affects some but not all of the Plan' s policies. The following is an analysis of the impact of this application on each of the Plan' s policies. 1. Citizen Involvement - Policy 2. 1.1 With the established notification and hearing procedures of the City of Tigard, which will be followed in this case, granting the Plan change will be consistent with this policy. 4 2. Natural Features and O.en S.ace - Polic 3. 1 to 3.6 Policy 3. 1. 1 prohibits development in certain land areas that have serious development constraints that cannot be accommodated by proven engineering techniques. The requested Plan change does not have any impact on this policy because of the fact that the Property is already developed for residential use and has none of the development constraints listed in Policy 3. 1. 1. Policies 3 . 2, similarly, restricts development on property which is in the 100-year floodplain. The Property is not within the 100-year floodplain and thus there is no inconsistency with this policy between the requested Plan change and this policy. Policy 3 . 4 provides limitations on development of areas that have been designated as areas of significant environmental concern, such as wetlands, geologically significant lands, and fish and wildlife habitats. The City Comprehensive Plan does not designate any portion of the Property as such an environmentally sensitive area. Accordingly, the Comprehensive Plan change is consistent with this policy. Finally, Policy 3.5 provides for the establishment of certain open spaces and recreational areas pursuant to implementing strategies set forth in the Development Code. The proposed Comprehensive Plan change is consistent with this policy because the Property is already developed and has not been designated for any open space or recreational space utilization. Similarly, Policy 3.6 is inapplicable to this request, because 5 none of the Property is designated under the parks and open space standards and classification system of the City of Tigard. 3. Air, Water and Land Resources Quality - Policies 4 . 1. 1 , 4. 2, 4. 3 Policy 4 . 1 . 1 (a) provides that it is the policy of the City to maintain and improve the quality of the air in Tigard. As is noted in Volume 1 of the Comprehensive Plan, a number of the shopping trips by citizens of Tigard require travel to retail activities outside of the City of Tigard. The Comprehensive Plan change requested will be in conformance with this policy because it will locate a significant retail area in the center of Tigard and will enable those seeking to make purchases at stores like G. I. Joe' s to do so without the longer travel trip that is currently necessary. Overall, this will reduce vehicle travel and related air pollution. Policy 4. 2 is not applicable to this request, given the fact that there will be no adverse effect upon the water quality of Tigard from the proposal. Twenty to forty feet of the Property will remain in a semi-natural condition and not increase the run-off. The run-off from the entire triangle will be collected and retained on sight to allow a controlled release into the existing storm water system in Pacific Highway and S.W. Park Street at rates within the capacities of this system. Policy 4. 3 requires that developments which create noise in excess of applicable standards incorporate mitigation measures in the development and operation of such facilities. A retail store , as proposed by the applicant, will be built and 6 operated so as to fully comply with all applicable noise standards. In addition, truck delivery and garbage truck pick-ups , a source of noise of concern to some, will be limited to hours that will not interfere with sleep. 4. Economy - Policy 5 The requested Comprehensive Plan change fulfills this policy in a number of significant ways. Without the requested Plan change, the site area will be inadequate to accommodate the proposed 55 ,000 square foot retail business. Thus , the Plan change is essential to bringing this amount of retail activity to this area. The construction of the development will have an approximate cost of $1 , 850, 000 and will produce approximately 150 jobs during the construction period. Thereafter, it will produce approximately 60 full-time jobs. Finally, the development which will be allowed by the Comprehensive Plan change will produce additional taxes of approximately $40, 000 to $45 ,000 . These economic benefits fulfill a number of the policies set forth under Policy 5. Policy 5. 1. 1 provides that the City sh11 promote a diversification of economic opportunities available to Tigard residents , with particular emphasis placed on the growth of the local job market. The requested change will promote this goal by bringing an additional 60 number of full-time jobs to Tigard area residents. Policy 5. 1. 4 provides that the City shall insure that new commercial development does not encroach into residential areas that have not been designated for commercial or industrial 7 uses. The requested Plan change complies with this policy by insuring that there will be impenetrable buffers protecting the adjacent residential areas. Those buffers consist of SW Watkins Street and SW Park Street, the 20-40-foot strip along SW Watkins Street which will be deeded to the City, the extensive landscaping that will be retained and enhanced by the planting of mature trees, and the six-foot fence. All of this will insure that there will be no encroachment of commercial activity into the residential neighborhood. The entrances and exits for the store will similarly insure that traffic coming to and from the store will not, to any appreciable degree, utilize SW Watkins Street or SW Park, beyond its intersection with SW Watkins Street. This kind of buffering requires a land area of a sufficient size to accommodate the buffering area as well as the store and its ancillary parking. Without this Plan change, there would be an inadequate land area to accomplish the buffering proposed, as well as accommodate the store and its parking. 5 . Housing - Policy 6 Granting the requested Comprehensive Plan change would provide for the elimination of only five single family dwelling units. This number, in light of the existing supply of housing in Tigard and vacant land areas planned for residential development, will have no impact upon Tigard' s ability to meet its housing needs and comply with LCDC Goal 10. The only policy that directly applies to this request is Policy 6. 6. 1 which provides that the City shall require buffering between different types of land uses in order to 8 protect established residential areas. The policy requires that the type and extent of the buffering be flexible and be tailored to the precise conflicts that may result from the proposed development. As is discussed above, the buffering provided in this development will be extensive and will be a very effective buffer between the residential areas and the proposed commercial use. In addition, the store building itself, as well as the landscaping and fencing, will provide noise buffering from noise sources along SW Pacific Highway. It is well established that structures such as the proposed store serve to reduce ambient traffic noises. 6 . Public Facilities and Services - Polio 7 Policy 7. 1. 2 requires that as a precondition to the development approval, all required services are adequate and available. Sewer and water service for the development of the entire retail store are similarly readily available through sewer and water lines that are in the Pacific Highway right-of-way and are sized with adequate capacities to accommodate the requirements of this store. Storm drainage will be accommodated within the existing storm drain system in SW Pacific Highway and SW Park Street as discussed above. Thus, the requested Plan changes are in conformance with the requirements of Policy 7. 7. Policy 8 The only policies under this section of the Plan that are applicable to the requested Plan change are those set forth in Policy 8. 1. The Plan change itself will not result in any C; additional vehicle trips, since the land area involved in the 9 • Plan change will only include a small portion of the store and the landscaped buffer. However, the development of the entire triangle for the requested retail store will produce additional vehicle trips which can be accommodated within the existing capacity of Pacific Highway, the principal access to the development. This will be further documented through a traffic study by CH2M Hill to be submitted prior to the staff report in this case. Thus , the request is consistent with Policy 8 . 1. 1 which provides for a safe and efficient roadway system adequate to meet the needs of development. Under Policy 8. 1 . 3 there are a number of requirements which are preconditions to development. The requested Plan change conforms with these requirements. The development will abut a publically dedicated street and will have accesses which are approved by the State of Oregon, Department of Transportation. There are no substandard street widths and thus there will be no required street right-of-way dedication. Sidewalks, streets , and curbs within the development will be constructed by the developer as required by Policy 8 . 1 . 3 (c) . With respect to Policy 8. 1. 3 (e) , the accesses to and from Pacific Highway will not cause traffic hazards and will be regulated by the State of Oregon, Department of Transportation. Disabled persons parking spaces will be provided as required by Policy 8. 1 . 3 (g) in close proximity to the store entrance. 8. Energy - Policy 9 The requested Comprehensive Plan change has little impact upon Policy 9 other than the reduction in vehicle trip • [ . length, and the savings of fuel, which will result from bringing the proposed type of retailing activity to the central area of the City of Tigard. 9. Urbanization - Policy 10 This policy is inapplicable to the Comprehensive Plan change request. This policy deals with annexations of lands to the City (Policy 10. 1) , extensions of services outside of the city limits (Policy 10. 2) and annexation of lands outside the established UGB (Policy 10. 3) . None of these events will occur in connection with this application. The Property is entirely within the city limits of the City of Tigard and the established urban growth boundary, and it is very near to the central business district. 10. Special Areas of Concern - Policy 11 Policy 11. 1. 1 provides that the redevelopment of the central business district should occur and that "convenience, appearance and the needs of the shopping public should be primary considerations. " Even though the Property is not within the designated CBD, it is very close to this area. The policy suggests that bringing additional retail activity of a type which is not now found within the City of Tigard, and bringing more convenient shopping to the City of Tigard is an appropriate goal for the City. This request conforms to this policy by locating a substantial amount of additional retail close to the center of Tigard, a type of retailing activity that is not now located within or near the City of Tigard. 11 11. Locational Criteria - Policy 12 Implementing strategy number 12. 2 provides certain standards for the location of commercial activities within the City of Tigard. The requested Plan change fully conforms with the elements of this implementation strategy. Element number 1 provides that "commercial areas should be at a scale which relates to the location, site and type of stores to be served. " This implementation strategy is precisely the reason for this requested Comprehensive Plan change. The site is a triangular area of which approximately 80 percent is already designated for general commercial purposes. Leaving an approximately 130-foot wide strip of isolated residential is no t goo d plannin g g in light of the physical dimensions of the site. Additionally, the conversion of this residential area into a conforming general commercial designation is necessary' because of the size of the retail store being provided and the amount of land area which is necessary to accommodate that store as well as the City-required and developer proposed buffering. Second, element number 2 of that implementation strategy requires buffering of surrounding residential areas. This will be accomplished as has been fully discussed above. Element number 3 requires that commercial centers be aesthetically attractive and landscaped. This will be insured through the Site and Design Review process which will address the details of the landscaping and architectural treatment of the store. Element number 4 requires that ingress and egress not create traffic hazards. This will be insured through the 12 approval of the City as well as the State of Oregon, Department of Transportation which will control access to Pacific Highway. Finally, element number 5 will be fulfilled because the retail development proposed will substantially reduce trip lengths for those who are now having to go outside of the City of Tigard to purchase the items offered by the proposed retailers. Policy 12 also goes on to specify certain locational criteria for general commercial. That section provides that general commercial is intended for "large space users. " It further provides that general commercial is intended to be adjacent to an arterial or major collector street. The proposed retail use is clearly a large space user and the Property and the development is located adjacent to a major highway. Under • locational criteria B (1) (a) , the proposed development is not surrounded on more than two sides by residential districts and thus the proposal complies with this requirement. Pursuant to B (2) , the general commercial shall not create traffic congestion and shall have direct access from a major collector. As noted above , these requirements are met. Under subsection B (3) , general commercial shall be located in land areas that are sized to accommodate present and projected uses. That is precisely the basis for the requested Comprehensive Plan change. The development plan proposed will enable this significant general commercial site located along Pacific Highway to accommodate the immediate use of the G.I. Joe' s store as well as to allow for future retail development along the frontage of SW Pacific Highway, thereby concentrating, 13 • commercial activity and efficiently utilizing the access points along Pacific Highway and this general commercial land area. Also, the site is required to have high visibility. This site clearly has such visibility given its location along Pacific Highway and the slight rise in the topography moving away from Pacific Highway. In addition, the developer has agreed through a deed covenant to leave 50 percent of the frontage of Pacific Highway with unimpeded views to the major retail store. Subsection B (4) requires, in general, that the proposed general commercial not adversely affect surrounding uses. As explained in detail above, the surrounding residential areas will be significantly protected from traffic, noise , lights and adverse visual impacts. ZONE CHANGE Pursuant to Section 18. 32.250 (A) of the Code of the City of Tigard, zone change and Plan change decisions may be granted where the applicant demonstrates compliance with: "the City of Tigard Comprehensive Plan and the relevant approval standards found in other applicable code sections. " With respect to the conversion of the Property from a residential designation of R-10 to a C-G zoning designation, there are not other separately applicable standards beyond those set forth in the Comprehensive Plan. Therefore, the applicant reincorporates the justifications set forth above regarding compliance with the text of the Comprehensive Plan as a basis for its requested zone change. STJ005 14 3 Agenda Item 5.4 MEMORANDUM CITY OF TIGARD TO: Planning Commission July 10, 1984 FROM: Planning Staff SUBJECT: Goal #5 - Significant Wetlands Areas On June 12, 1984, the Planning Commission voted to submit staff's recommendation to City Council on Goal #5 issues with a modification. (See minutes attached). On June 25, 1984, the City Council held a public hearing on Goal #5 Issues. Mr. Elton Phillips spoke at the hearing regarding the ravine at 108th and 113th in the Tualatin River Floodplain. Mr. Phillips is concerned that although the ravine is worth protecting, the 150 foot elevation mark designated in the ESEE document (copy attached) may be excessive. Mr. Phillips contends that land below the 150 foot elevation mark on his property is buildable. The City Council, after some discussion, adopted an ordinance (copy attached) which omitted the ravine as a significant area and directed staff to take the issue back to the Planning Commission for discussion. Staff feels that the ravine area below the 150 foot elevation should be protected, however, perhaps an exceptions provision should be included in the Sensitive Lands Section of the Code to allow development in the ravine area only under certain circumstances. The exception should only be granted to areas of less than 25% slope, with stable soils and based on natural vegetation. STAFF RECOMMENDATION: The purpose of this protecting the ravine at 108th and 113th was to protect the wetland area which is characterized by steep slopes and marshey areas. Allowing exceptions for land below the 150 feet elevation which are not steep or charactized by unstable soils would not be contrary to the interest of protecting the resource. Staff recommends that an exception process be allowed for land within the ravine area which meets certain criteria. The ESEE document would be amended as shown on attached Exhibit "A". In addition, Chapter 18.84 of the Community Development Code should be amended to include a new Section 18.84.045 as follows: 18.84.045 Exceptions for Development in the 108th/113th Ravine significant Wetlands Area. (,J A. Under the Sensitive Lands Permit process, the Hearings Officer 'I may allow portions of the Ravine at 108th and 113th designated as a significant wetlands area to develop provided that all of the following criteria are met. 1. All of the land (within the ravine) being considered for development is at less than 25% slope. is (. 2. There are no unstable soil conditions on the land being considered for development. 3. There are no trees on the land being considered for development which are over 20" in caliper measured at 4 feet above ground level. 1I On areas designated for industrial uses within the floodplain, conflicting uses will be allowed fully in accordance with policies 1 . 2 . 2 and 3 . 2 . 3 and all tho standards set forth in tho sons i t i Vo I ands l'liapt or of 1 ho Community Development Code. J. Ravine 108/113 Tualatin Floodplain This resource area is actually part of the Tualatin Floodplain area, yet has a setting much unlike the normal floodplain area. It has, therefore, been considered to be a significant open space, water shed and wetland area; and it includes all of the land designated as floodplain, approximately 35 acres, This low lying area is primarily covered with deciduous trees and underbrush with a few marshy areas. It provides a habitat for a variety of small animals and birds while providing a unique open space resource. In some of the areas, the property owners have maintained the area as lawn. This natural area also functions as a drainageway primarily during the months of higher water concentration. Many of the slopes going into the area exceed 15%, and adjacent to the mobile home park the reinforced slopes are a minimum of 25 percent. The actual floodplain area is less area than the entire resource area. The Tigard Comprehensive Plan indicates that the areas surrounding .' this resource will be developed for Low Density Residential uses (1-5 units per acre), except for the mobile home park which is already developed at a Medium Density Residential use (6-12 units per acre) . These uses may conflict in some ways with the preservation of this resource. If the entire resource is preserved, there may be a loss of buildable lands, fewer dwelling units, and additional development costs. On the other hand, land and amenity values might be enhanced, dwellings buffered from other dwellings, and local open space generated. If the conflicting use is allowed unaltered, there may be a loss of wildlife habitat, lower water quality, and additional costs of modifying the area. The staff recommendation for this Goal #5 is that the floodplain and the entire ravine area below the 150 foot elevation mark be preserved in their natural condition, including topography and vegetation. Density transfer from the site will be allowed up to 25% of the density allowed within the resource area. Parcels containing any of the resource site will be required to develop under an approved Sensitive Lands permit and the standards set forth in the Community Development Code. L404, wi'$tip1 -1h, YQ,>rlHe Avt4 11101 be alwtll>INA UMW' * Bxc>LptlrNs imam outtlftd, inVal 18 89,o46 of (Om ''i K. Durham Elementary School QLYC The Durham Elementary School was determined to be a significant historic structure. The school site includes 5.59 acres. Now part of the Tigard School District 23J, the Durham School was erected in 1920. In 1951, an addition was added to, the facility which now houses classes to the sixth grade. In addition, this school house is the only remaining institutional land mark in the southeastern portion of Tigard. Efforts are continuing to place the structure on the National Historic Register. I —102 CITY OF TIGARD, OREGON ORDINANCE NO. 84- 3 AN ORDINANCE AMENDING AND REVISING THE FLOODPLAIN AND WETLANDS MAP AND AMENDING VOLUMES 1, 2 AND 3 OF THE COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY ORDINANCE 83-52 AND SETTING AN EFFECTIVE DATE.(CPA 14-84) WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by Ordinance 83-52 on November 9, 1983; and WHEREAS, Volume 1 - Resource Document, Volume 2 - Findings, Policies and Implementation Strategies, Volume 3 - Community Development Code and the Floodplain and Wetlands Map were adopted as part of the Comprehensive Plan; and WHEREAS, the Comprehensive Plan was submitted to the Land Conservation and Development Commission (LCDC) on November 18, 1983; and WHEREAS, the Land Conservation and Development Commission held an acknowledgement hearing on Tigard's Comprehensive Plan on April 26, 1984; and / WHEREAS, at the April 26, 1984, LCDC Hearing, the Commission voted to continue acknowledgement on Goal #5 with In Order to Comply Statements; and WHEREAS, a public hearing was held before the Planning Commission on June 12, 1984 to consider the In Order to Comply Statements and a recommendation was made to the City Council; and WHEREAS, a public hearing was held before the City Council on June 25, 1984, for Council consideration of the Planning Commission's recommendations. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Ordinance 84-28 as it amended Ordinance 83-52 is hereby amended. Ordinance 84-28 is hereby amended by revising the Floodplain and Wetlands Map as setforth in attached Exhibit "A" to designate five specific areas as significant resources. Those areas are: the Summer Creek Floodplain and Riparian Forest, Krueger Creek, the Summer Creek Floodplain and Riparian Forest at the east end of SW 135th, Fenno Creek north of North Dakota and the 108/113 Tualatin Floodplain Ravine. Section 2: Ordinance 83-52 is amended to revise page 1-42 of Volume 1 Resource Document of the Comprehensive Plan to include a list of those areas to be designated as significant wetlands to be protected and preserved. Language to be added is underlined below and will be inserted at the beginning of "C. Special Areas". ORDINANCE NO. 84-3(0 Page 1 4mmummi "Protect the areas designated as significant wetlands on the Floodplain and Wetlands map and_prohibit conflicting uses on those sites. The sites desi:nated as si:nificant wetlands are: • Summer Creek Floodplain and Riparian Forest Krueger Creek Summer Creek Floodplain and Riparian Forest at the east end of SW 135th Fanno Creek north of North Dakota "Reco:nize the areas identified in A! 'endix I of the significant wetlands, drainageways and creeks. Allow conflicting uses as identified in Appendix I with limitations. Require as part of the Site Development Review •rocess a showin: of Goal #5 com•liance b that develo'ment which would have a significant impact on the protected areas as listed below: Tigard/Tualatin Fanno Creek Marsh and Floodplain Tualatin River Floodplain west of Cook Park Fanno Creek Park/Main Street Fanno Creek Hall/Bonita - Bonita Durham" Section 3: Policy 3.5.3 in Volume 2 - Findings, Policies and Implementation Strategies shall be amended as setforth below. Items to be added are underlined, items to be deleted are shown in [brackets]. "3.5.3 THE CITY [SHALL DESIGNATE] HAS DESIGNATED THE 100-YEAR FLOODPLAIN OF FANNO CREEK, IT'S TRIBUTARIES, AND THE TUALATIN RIVER AS GREENWAY, WHICH WILL BE THE BACKBONE OF THE OPEN-SPACE SYSTEM." Section 4: Section 18.84.010 of the Community Development Code shall be amended by adding a new Section C. Subsequent sections shall be renumbered. Items to be added are underlined items to be deleted are shown in [brackets]. "C. Development is prohibited within all areas designated as significant wetlands on the Floodplain and Wetlands Map. Development on property adjacent to significant wetlands shall be done under the •lanned development section of the Communit Development Code. In addition _ development shall occur on •ro'ert adjacent to areas designated as si:nificant wetlands an the Floodplain and Wetlands Map within 25 feet of the designated wetlands area. "[C. ] D. Except as explicitly authorized by other provisions of this Chapter, all other uses are prohibited on sensitive land areas. "[D. ] E. A use established prior to the adoption of this Code, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132 of this Code:" ORDINANCE NO 84-3(o Page 2 Section 5: Policy 3.1.1 in Volume 2 - Findings, Policies and Implementation Strategies shall be amended as setforth below. Items to be added are underlined. "3.1.1 THE CITY SHALL NOT ALLOW IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT[ :] (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED. AS, SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): Subsections "a" through "e" will remain unchanged. Section 6: Amend Volume 2 - Findings, Policies and Implementation Strategies Document adding a Policy 3.2.4 as setforth below. Language to be added is underlined. "3.2.4 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE •FLOODPLAIN AND WETLANDS MAP. NO DEVELOPMENT -SHALL .00CUR ..ON/ PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP• 'WITHIN TWENTY FIVE (25 FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE • PLANNED DEVELOPMENT SECTION OF THE CODE." Section 7: This Ordinance shall be effective on and after the 30th day after its enactment by the Council and approval by the Mayor. PASSED: By (di In a.Y1 i wtoLc_S vote of all Council members present after being read by number and title only this el2EPILday of „ AL , 1984. 1...6115 /Deputy Recorder - City of Tigard APPROVED: This 5 day of i.ot e , 1984. y - ity of Tigard (0476P) { ORDINANCE NO. 84-3C, Page 3 o Commissioner Fyre had some concerns that the primary use is residential. He felt, maybe, this matter should be taken to LUBA. He was of the opinion that the Home Occupation Permit should be denied. o President Moen was concerned about the square footage being within the 25%, however, he had recalculated and it was within the 25%. He then reviewed each of the criteria and felt the applicant had met all of them. o Commissioner Butler moved and Commissioner Peterson seconded to deny the appeal to deny the Home Occupation Permit HOP 4-84. Discussion followed regarding the findings. Frank Josselson objected to the proceedings of the hearings. Further Discussion. Motion approved by majority of Commissioners present, Commissioner Fyre voting no. o Further Discussion regarding written findings. o Commissioner Fyre moved and President Moen seconded to reconsider the approved motion. Motion carried unanimously. o Commissioner Peterson moved and Commissioner Butler seconded for tentative denial of the appeal of HOP 4-84 until written findings could be furnished by City staff. Motion carried by majority vote of Commissioners present with Commissioner Fyre voting no. 5.3 a. GOAL # 5: OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES Associate Planner Newton reviewed the Goal 5 In Order to Comply statements and how the City might amend the plan to bring it into compliance. NPO/CCI COMMENTS - No one appeared to speak PUBLIC TESTIMONY j o J B Bishop, 10505 SW Barbur Blvd. Suite 303, objected to adding paragraph number two without having additional public input from the NPOs and CCI. On Item # 4 he was confused where the conclusion above was. Discussion with staff followed. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION ' o President Moen felt this is a clean up item and he had no problem with the additions. Planning Commission Minutes June 12, 1984 Page 4 1, o Consensus of the Commission was to require development under the Planned Development process only. o Commissioner Butler moved to submit staff's recommendation to City Council, with the modification of deleting "and require additional setbacks" under Exhibit "A", second paragraph, with recommendation of approval. Commissioner Fyre Seconded. Motion carried unanimously by the Commissioners present. 5.3 b Private Outdoor Area and Shared Outdoor Recreation areas requirements (Chapter 18.120) - Community Development Code Associate Planner Newton reviewed the option chosen by staff for the Private Outdoor Area and Shared Outdoor Recreation Areas Requirements. (Exhibit A) President Moe!;:, questioned if any one of the finding or all of the findings would have to be met to grant the exception. Staff stated that any one or more of them. NPO/CCI COMMENTS - No one appeared to speak. P P P PUBLIC TESTIMONY o No one appeared to speak. PUBLIC HEARING CLOSED COMMISSION DISCUSSION AND ACTION o Commissioner Butler suggested adding the words "any one or more of the following findings" after the words "based on". He favored having private or shared outdoor areas. o Commissioner Fyre and Peterson agreed. o President Moen moved for the following language: : C. The Director may grant an exception or deduction to the Private Outdoor Area and Shared Outdoor Recreation Areas Requirements provided the application is for a use designed for a specific purpose which is intended to be permanent in nature (for example senior citizen housing) and which can demonstrate a reduced demand for Private Outdoor Recreational Area based on any one or more of the following findings : 1. There is direct access by a pedestrian path from the proposed development to public open space or recreation- areas which may be used by residents of the development. Planning Commission Minutes June 12, 1984 Page 5 } Agenda Item 5.5 File: CPA 14-84 Planning Commission Mtg. July 10, 1984 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission July 6, 1984 FROM: Planning Staff SUBJECT: Medium High Density Residential Zoning District At the June 12, 1984, Planning Commission meeting, the Planning Commission voted to recommend staff's alternative # 2 on meeting the 10 units per acre to City council. (minutes attached) Staff's alternative number two proposed increasing the number of units allowed in the Medium High Density Residential Zone from 20 to 25 units per acre. In addition, the zoning district would be redesignated from R-20 to R-25. At the June 25, 1984, City Council meeting the City Council passed a resolution (copy attached) directing staff to initiate the Comprehensive Plan Amendment process to consider increasing the number of units allowed in the R-20 zoning district designation fro 20 to 25 units per acre. Council further directed that a public hearing be held on July 10, 1984, before the Planning commission to consider public testimony on the issue. It should be noted that at the June 25, 1984, City Council meeting, the Homebuilders Association of Metropolitan Portland proposed an additional alternative. Their alternative was to increase the number of units permitted in the medium density residential zone from 20 to 24 units per acre and reduce the minimum lot size in the R 4.5 zone from 7,500 square feet to 7,000 square feet. Four of the Council members did not favor this alternative, however, as they felt the reduction in lot sizes from 7,500 to 7,000 square feet impacted too many established neighborhoods. Councilor Edin and the Planning Director stated at the Council meeting that they could support the Homebuilders proposal and that the difference between 7,500 and 7,000 square feet would probably not be perceived by existing residents. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take testimony on increasing the number of units permitted in the medium density zone from 20 to 25 and forward a favorable recommendation to the City Council. 0509P dmj CITY OF TIGARD, OREGON RESOLUTION NO. 84- 149 INITIATING THE COMPREHENSIVE PLAN AMENDMENT PROCESS TO CONSIDER INCREASING THE NUMBER OF UNITS ALLOWED IN THE R-20 ZONE FROM 20 TO 25 UNITS PER ACRE. WHEREAS, the City of Tigard adopted a Comprehensive Plan for the City by Ordinance 83-52 on November 9, 1983; and WHEREAS, the Comprehensive Plan was submitted to the Land Conservation and Development Commission (LCDC) on November 18, 1983; and WHEREAS, the Land Conservation and Development Commission held an acknowledgement hearing of Tigard's Comprehensive Plan on April 26, 1984; and WHEREAS, at the April 26, 1984, LCDC Hearing, the Commission voted to continue acknowledgement on Goal #10 Housing, because the City of Tigard does not meet the Metropolitan Housing Rule requiring 10 units per acre; and WHEREAS, a public hearing was held before the Planning Commission on June 12,.'! 1984, to consider the In Order to Comply Statements and a recommendation was made to the City Council; and WHEREAS, a public hearing was held before the City Council on June 25, 1984, for Council consideration of the Planning Commission's recommendation. • NOW, THEREFORE, BE IT. RESOLVED, by the City of Tigard, as follows: 1. The Tigard City Council directs the staff to initiate the Comprehensive Plan Amendment Process to consider increasing the number of units allowed in the R-20 zoning district designation from 20 to 25 units per acre. 2. A public hearing shall be held on July 10, 1984, before the City of Tigard Planning Commission. The public hearing shall be under the provisions set forth in Chapter 18.30 of the Community Development Code. PASSED: By the City Council on the ;;)..5741 day of .j ter, Q- , 1984. yof - City of Tigard ATT SA I:1 ! 0 e .. . (.1) P - ' ty City Recorder - City of Tigard L./ RESOLUTION NO. 84- o Commissioner Butler moved to recommend approval of 5.3 c to the City • Council with the change of no more than two subsidized housing units shall adjoin. Commissioner Fyre seconded. Motion carried unanimously by the Commissioners present. 5.3 d Density - 10 units per acre. Director of Planning and Development Monahan reviewed the present density and how LCDC had rejected staff's approach to take credit for additional units within redeveloping areas of the the Central Business District and the CP areas of NPO # 4, which left 9.1 buildable units per acre. Staff then reviewed the four alternatives they had investigated. CCI/NPO COMMENTS - Staff presented the CCI minutes which supported alternative number two as being the most desirable, number one being poor • but possible, the third being poor and destroys the character of the plan, and four being preferable to option one, because it leaves the best vacant land for commercial, but unrealistic as it involves a major change of the Comprehensive Plan. PUBLIC TESTIMONY o Jim Miller, 12910 SW 63rd Place, Portland, Or. 97219, opposed changing the property in NPO # 4 from Commercial Professional to Residential 40 units per acre. o Bob Bledsoe, 11800 SW Walnut, opposed alternative number three, considered number 2 as being possible. He suggested taking high density to 50 units per acre. (Staff commented that we can only get credit for 40 units per acre) . PUBLIC HEARING CLOSED o Commissioners Butler, Peterson and Fyre favored as being the best and easiest way to go. o President Moen, felt the Council has two options. If they choose not to fight LCDC, then the only option is alternative number two. The problem being that LCDC won' t allow residential to be counted in the redeveloping Commercial zone. If we were to fight LCDC then he would suggest that we create a special zone called residential/commercial professional and do something on that order. Discussion followed regarding readdressing the redeveloping issue. o Commissioner Peterson moved to approve 5.3 d alternative number two and forward the recommendation to City Council. Commissioner Fyre seconded the motion. The motion carried unanimously by Commissioners present. 5.3 e Conditional Use Standards for Manufactured Housing Units. Planning Commission Minutes June 12, 1984 Page 7 - . i. -..-. ;_ 1_1L: t _ 1 � f iii I [ " �1[d I C •lY L ^trlRJc[ t �T^.�. �� i.�_1 ��.,_i____4 ► F � off ' M, f Tic-- -■ __1_r III If . 1- - E P il ,1 FRED �` `. r •—— . ...,, .. 9MEYER 1• „_,._.1...�..r[ ' mar 1■11 --7. ;., [A----1 'r- .- 1 S - VIII ' taw In_ 1 g ! ' jilt-, ,` - `, C I :`'� ;� r-- ' Al tri le tasE -Ara tc6 1 ,. LI i ,L. -- •. 'I ,\i • \ ■ .`1 �I , -' `"� �•unrA rR,I r IMIM[. �w ,_ • i ii.mi.. - c.ito° . ,. Pa "' ' 11.17._711"L___1. likunkm, '' 'I' t -Es I ; ' NG- �. 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' ' • ',;• "$, li!'" /I• . iAr. . .. ,..;jigs irtril: . * . • MIA. 4 .',"'' r?max 1�; ■ NI ■ fN wus 3 Tit SIM '/ 5.4 rrio:-. 181 111111.., 11 MIN NM 1- it...,. fa r„,„, 1111 131M -warn - ing iiim... ,". ......11 . 0, ., . r !Rs: lit,.. m,..,,,:. r.,„ . . , •.. . .. ET i..3 Ilni "C 1. .t.ti•;;ECL'�i..y.,pm.. �,'•�At';1'.-'�7•�'' �fl�•jy�yy".•c, t-. L ..v . . ... . F ,t�, al•, ME II. - 1::.] • z • `� . 91�Z�1�: UTH ST 1 L R/III:11 f i, ,,, .rill IMP .4°' • - N . ,. . . . Sil 31E • Nil , ••• •• .. :14.....i:- .. ;� E •• ■ , . .. : . . • ..e . •• u,, .;; :: ,, ■ • RIM �_ z ` f ■ SRti fy' t 1 �f�! ! ��. ■■ 0 im ft e. ■ ■ III Jr,. ..*.......k, : ■ 11-:,.'',. >�. on MIE I :C.- II +; $.1 .fir■■ la . • 1.1 1, 0...':,....:,......,,.�� 1, �, 1.215211. wirm, , ■ ■ IIIII_ min mi III 1111 Irdi S , , e : i 7h Q). ".' Eli al Iill oil "la i..:1 MI Nol. MN P. L sill 111111 1111 la ' ISM v, 3 e. rtN67. sJv .> f�1 Agenda Item 5.6 File: CPA 18-84 Planning Commission Mtg. July 10, 1984 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission July 6, 1984 FROM: Planning Staff SUBJECT: Policy 6.3.2 On April 3, 1984, the Planning Commission voted to amend policy 6.3.2 b. of the Comprehensive Plan by adding a definition of compatibility to the Community Development Code and including a compatibility matrix in the Code. A copy of those minutes are attached. On April 30, 1984, the City Council approved two ordinances adopting the Planning Commission's recommendation. Copies of the ordinances are attached. During the administration of this ordinance, it has become apparent that some clarification is necessary. The matrix should be labeled so the "Proposed Uses" are those listed across the top of the matrix and "Existing Uses" are those listed down the side of the matrix. In addition, where single family detached and single family detached along the "Proposed Uses" meets multi-family along the "Existing Uses" the NO's should be Change to YES. (see EXHIBIT "A") this would eliminate the confusion with the current matrix which does not allow proposed single family to be developed within 100 feet of existing multi-family development. Also Policy 6.3.2 b. as modified should be amended to be more specific as follows. Language to be added is underlined. WHERE THE PROPOSED DEVELOPMENT ABUTS AND EXISTING HOUSING DEVELOPMENT, THE HOUSING TYPES WITHIN 100 FEET SHALL BE COMPATIBLE AS DEFINED BY THE COMPATIBILITY MATRIX IN CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE. STAFF RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation to City Council to amend policy 6.3.2 b as shown above and to amend the compatibility matrix as shown in EXHIBIT "A" attached. 0509P/dmj • CITY OF TIGARD, OREGON i ORDINANCE NO. 84-a.5" AN ORDINANCE AMENDING POLICY 6.3.2(b) IN FINDINGS, POLICIES AND IMPLEMENTATION STRATEGIES, VOLUME 2 OF THE COMPREHENSIVE PLAN (CPA 8-84) ; AND DECLARING AN EMERGENCY. WHEREAS, during the Comprehensive Planning process the City Council adopted policy 6.3.2(b) to address housing development compatibility; and WHEREAS, 1,000 Friends of Oregon objected to the vague and discretionary language contained in the policy; and WHEREAS, a public hearing was held before the Planning Commission on April 3, 1984, to consider an amendment to this policy. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Policy 6.3.2 b shall be amended to delete the words within brackets below: WHERE THE PROPOSED DEVELOPMENT ABUTS AN EXISTING HOUSING DEVELOPMENT, THE HOUSING TYPES SHALL BE COMPATIBLE. [FOR EXAMPLE:] [1. TWO HOUSING UNITS WHICH ARE ATTACHED ARE CONSIDERED COMPATIBLE WITH A DETACHED SINGLE FAMILY UNIT: BUT] [2. MORE THAN TWO HOUSING UNITS WHICH ARE ATTACHED ARE NOT CONSIDERED COMPATIBLE WITH A SINGLE FAMILY DETACHED UNIT. ] Section 2. Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that this amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage by the Council and approval by the Mayor. 1 I PASSED: By the City Council by linnarii'ric,cz 5 vote of all Council members present, after being read by number and title only, { this 30 day of fipr:, / , 1984. it Deputy Recorder - City of ,T.gard APPROVED: This 30 day of gir-i`/ , 1984• Mayor pro tem - City of Tigard i' ORDINANCE NO 84-01.j (0407Pdmj) [+ CITY OF TIGARD, OREGON ORDINANCE NO. 84-,26, AN ORDINANCE AMENDING CHAPTER 18.26, DEFINITIONS, OF THE TIGARD COMMUNITY DEVELOPMENT CODE ADDING DEFINITIONS FOR "HOME OCCUPATIONS"; "REMODEL"; "ADDITION"; "COMPATIBILITY"; "WINDOW"; "FACE"; AND "STORY HALF"; AND DECLARING AN EMERGENCY. WHEREAS, it has become apparant that additional terms should be defined in the Community Development Code to avoid confusion; and WHEREAS, the Planning Commission held a public hearing on April 17, 1984 to consider the definition of these terms. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Chapter 18.26 of the Community Development code shall be amended to include the following definitions which will be inserted within the section in alphabetical order: Home Occupation. A home occupation exists when a dwelling unit in a residential zone is used for commercial purpose. See Chapter 18.142. Story, Half. A story under a gable or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. If the finished floor level directly above a basement or unused under-floor space is not more than 6 feet above grade as defined herein for more than 50% of the total perimeter or is not more than 12 feet above grade as defined herein at any point, such basement or unused under-floor space shall be considered as a half story. . .. Face. Directly confronting. Window. Any opening constructed in a wall to admit light or air, framed, and spanned with glass. Remodel. An internal or external modification to an existing building or structure which does not increase the site coverage. Addition. A modification to an existing building or structure which increases the site coverage. Compatibility. Shall be interpreted as capable of orderly efficient integration of housing types in a harmonious combination. Compability shall be determined in accordance with the following matrix. • • I'I • l ■I S.F. Detached 3.F. Detached Mobile Hm Park Duplex S.F. Attached Multifamily (Zero Lot Line) il S.F. Detached YES YES Conditional YES YES 2 units NO ii No-over 2 S.F. Detached - {_'' (Zero Lot Line) YES YES Conditional YES YES NO 1 Mobile Home Park -4 !'�� Conditional Conditional YES YES YES YES t'I Duplex ' k, YES YES YES YES YES YES 1 J " }I S.F. Attached � Yes 2 units YES YES YES YES YES No-over 2 Multi-family NO NO YES YES YES YES . n. ti r Section 2. Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that this amendment be made with the least { possible delay, an emergency is hereby declared to exist, and this ordinance k' shall become effective immediately upon passage of the Council and approval by the Mayor. r 4i PASSED: By the City Council by 0/1 S vote of all Council members present, after being read by number and title only, this 3 a day of ,gp,,, / , 1984. 1 AI,. Wz-,4. ...,)C-rili2,-,e- I Deputy Recorder - City, Tigard APPROVED: This ,-to' day of Alf;,( , 1984. Mayor pro tem - City of Tigard 0407Pdmj E it/len_ 'A" er0P05W usg e716/- nvq 066 S.F. Detached 3.F. Detached obile Hm Park nuplex S.F. Attached Multifamily (Zero _ Lot Line) S.F. Detached YES YES Conditional YES YES 2 units NO No-over 2 S.F. Detached - — (Zero Lot Line) YES YES Conditional YES YES NO Mobile Home Park -' Conditional Conditional YES YES YES YES Duplex YES YES YES YES YES YES S.F. Attached Yes 2 units YES YES YES YES YES No-over 2 Multi-family timr 7 v 440165 YES YES YES YES Section 2. Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that this amendment be made with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage of the Council and approval by the Mayor. PASSED: By the City Council by &fria 9imov S vote of all Council members present, after being read by number and title only, this 30 day of /, / 1984. Deputy Recorder City Tigard APPROVED: This _____,3s) / - day of �r,7 : 1984. Mayor pro tem - City of Tigard 0407Pdmj Agenda Item 5.7 File: ZOA 5-84 Planning Commission Mtg. July 10, 1984 MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission July 6, 1984 FROM: Planning Staff SUBJECT: Changes to the Community Development Code In administering the Community Development code it has become apparent that some sections are in need of revision and clarification. The changes recommended are as follows: 1 Page Number Section Number Change 111-310 18.164.03 c. On first line change "Commission" to "Approval Authority". 111-310 18.164.030 c. Change last line to . .."method by which a lot large enough to be divided can develop". III•°245 18.130.090 add "8. The location of mailboxes 9. The location of all structures and their orientation. 10. The location and type of !+ outdoor lighting considering crime prevention techniques." 111-245 18.130.100 Replace the existing language in Section with the following: rF "Grading Plan tl A. The site development plan shall include a grading plan at the same scale as the` site analysis drawings and shall contain the following information: f 1. Requirements in Sections 18.130.080 and 18.130.090 of this Chapter. #';i kt, 2. The location and extent to which grading will take place indicating general contour lines, slope ratios and slope stabilization proposals. 3. A statement from a registered engineer supported by factual data substantiating: a. The validity of the slope stabilization proposals; and b. That all problems will be mitigated and how they will be mitigated." III-246 18.130.120 Add "4. Location of underground sprinkler heads where applicable. B. The landscape plan shall include a narrative which addresses: 1. Soil conditions; and 2. Erosion control measure that will be used." III-224 18.120.020 Add "4. Any proposed development which has been approved through the Conditional use Permit application process." III-278 18.144.020 12th line insert - "Accessory building which are less than 120 square feet in area and do not exceed 10 feet at their highest point are excluded from the requirements of this chapter." III-185 18.106.050 k. Add . . ."The front three feet of the parking stall may be concrete, asphalt, or low lying landscape material that does not exceed the height of the wheel stop. This area can not be calculated to meet landscaping or sidewalk requirements." 0509P dmj STAFF REPORT AGENDA ITEM 5.8 July 10, 1984 - 7:30 P.M. TIGARD PLANNING COMMISSION TIGARD SCHOOL DISTRICT - BOARD ROOM 13137 SW PACIFIC HIGHWAY TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Subdivision S 8-84, Variance 11-84 REQUEST: To subdivide a 1.66 acre parcel into 13 lots 5000 sq. ft. in size in the R-12 zone (Residential, 12 units/acre) and subdivision variances to reduce flag lot side yards from 10 ft. to 5 ft. , the access width from 25 ft. to 15 ft. and the street frontage width from 25 ft. to 7.5 ft. LOCATION: Southwest corner of 95th Ave. and North Dakota St. (Wash. Co. Tax Map 1S1 35CA, Tax Lot 2000) COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R-12 (Residential, 12 units/acre) APPLICANT: Dave Emmett OWNER: Brookman, Brocon, Dunn 800 SW Murray Blvd. 3126 SE Gladstone Beaverton, OR 97005 Portland, OR 97202 2. Background No previous development proposals have been reviewed by the City. 3. Vicinity Information Single family residential uses surround the subject property. The R-12 zone lies on the north side of North Dakota Street, to the west and southwest. The R-4.5 (Residential 4.5 units/acre) zone is to the south on the east side of 95th Avenue. 4. Site Information and Proposal Description The property is lo, 'ted on the southwest corner of North Dakota Street and 95th Avenue. One house and several accessory structures are situated in the southern portion of the property. The applicant proposes to remove the existing structure and establish ,a 13-lot subdivision for single family residences. The preliminary plat features eight lots with frontage of North Dakota and 95th Avenue and is five flag lots with 7 to 15 feet of street frontage. STAFF REPORT - S 8-84, V 11-84 - PAGE 1 Variances are requested to reduce the side yard requirement for flag lots from 10 to 5 feet, the access width from 24 feet to 15 feet, and to reduce the street frontage requirement for subdivision lots from 25 feet to 7.5 feet. 5. Agency and NPO Comments The Engineering Division has the following comments: a. Half-street improvements shall be required along the 95th Avenue and North Dakota Street frontage to city standard including 25-foot right-of-way from centerline as shown on the preliminary plat, 34-foot pavement width, 5-foot sidewalks, and street lights. b. The addition of base and asphalt pavement to provide a 24-foot roadway width fronting on Tax Lots 2100 and 2200 is recommended. The disposal of stormwater runoff should be addressed, particularly from Lots 9, 10, and 13. The developer needs to provide a means to tie roof drains to public storm system. All roof drains/footing drains should be tied to a public stormwater line or shall be connected to curb weep holes as is appropriate. d. Proper driveway curb-cut clearance from the right-of-way intersection of 95th and Dakota should be maintained for Lot 5. e. The existing public sanitary sewerage main line, in SW 95th Avenue, needs to be extended south to the plat boundary. f. Joint use/maintenance agreements need to be recorded for the lots which are proposed to be created with common driveways. g. Each lot should be connected separately to the public sanitary sewer line. h. Sanitary sewer service to Lot 9 (in particular) and Lots 10 and 11 could be difficult espy-dally if structures will have basements. B. ANALYSIS AND CONCLUSION The subdivision meets the requirements of the R-12 zone and development will be consistent with the character of the area However, the variance requests do not appear to be justified. After being informed of the lack of staff support, the applicant wishes to submit an alternative plan which will eliminate or significantly reduce the need for variances. i STAFF REPORT - S 8-84, V 11-84 - PAGE 2 • tr The Planning staff will receive the revised proposal on July 9th and a recommendation will be made to the Commission to approve with conditions, deny, or continue the hearing until sufficient information is available to take action. PREPARED BY: Keith Lien A' 'RO' ED BY.'illiam A. Monahan Associate Planner Director of Planning & Development (KSL:pm/0510P) II fifi F STAFF REPORT - S 8-84, V 11-84 PAGE 3 I RYAN O'BRIEN Planning Consultant 1134 S.E. 23rd Ave. • Hillsboro, Oregon 97123 • (503) 648-4061 June 8, 1984 Sandlewood Park Preliminary Plat. Tax Lot 200, Map 1S1-35CA - 1 . 66 acres. City of Tigard, Oregon. Dave Emmett, Applicant. INTRODUCTION • This is a preliminary plat application for the subdivision of 1 . 66 acres into 13 lots containing 5000 to 7000 square feet in area. Single family residential detached houses are proposed. They will be similar to the existing single family development in the area. The site is located on the south west corner of Dakota Street and 95th Avenue. No new streets or utility extentions are proposed with this development other than sewer and water laterals. The existing area is highly parcelized and limited opportunities are available to coordinate with surrounding properties. The existing house and accessory building on the subject property will be removed. This development menu contains 5 flag lots and 8 lots which directly access onto Dakota Street and 95th Avenue. Four of the flag lots will have common driveways with pavement 10 feet in width. COMPLIANCE WITH THE DEVELOPMENT CODE AND COMPREHENSIVE PLAN This property is designated residential at 12 units per acre. The density of this development is 7. 8 units per acre, which is below the maximum density allowed by the Comprehensive Plan. This development meets all the minimum lot size and set back requirements of the code. CITIZEN INVOLVEMENT This project is in NPO #2 and is proposed to be reviewed by that group prior to the Planning Commission meeting. Further involvement from the I NPO and residents in the area will occur at the Planning Commission meeting. NATURAL FEATURES The property contains numerous filbert trees that will be preserved if possible. Other than these trees, the property does not contain any significant natural features in need of special attention or preservation. , e i u y r' Page 2 Sandlewood Park Preliminary Plat The slope of the site ranges from 13% at the south end' of the property to 3% at the north end. The natural drainage is in a northerly direction to Dakota Street. The drainage then continues westerly along Dakota Street to Fanno Creek, and northerly along 95th Avenue to Ash Creek. ECONOMY AND HOUSING This development will help satisfy the housing needs in the City and stimulate the local economy. This development will provide housing variety and affordable housing in the community. PUBLIC FACILITIES AND SERVICES An 8"" public sanitary sewer line is available in both Dakota Street and 95th Avenue, A 611 cast iron water line is available in Dakota. Street with a fire hydrant at the street corner. An 811 ductile iron water line is available in 95th Avenue. None of these lines need to be extended to serve this development. The water lines are maintained by the Metzger Water District. They have indicated the lines are adequate. The school services are provided by the Tigard School District. They indicate that adequate capacity is available, however, boundary adjust- ments may be necessary in the future. Half street improvements with curbs have occured on the opposite side of this development on both streets. If half street improvements are required with this development then full street improvements will be in place. • • `i tr; f Pag` 1 • r •r .v. • 4 - Type of units being proposed: Single Family Number of Laits Duplex Number of Units Multiplex Number of Units Multifamily Number of Units - How many bedrooms in each unit: Single Family 13 Duplex Multiplex ilultiple Family _ 1 - How many acres are involved In this proposal `, L.,/ 6 . 0-FS - When is construction likely to begin: year /-U6--- month /04 - Is the development to be completed in ,phases? . If so, how many and over what time period • - When is +ie last unit scheduled to be completed: year e5 month 21r-- II . SUBMIT THE .OMPLETED FORM TO THE BUSINESS OFFICE OF THE SCHOOL DISTRICT IN WHICH THE SITE BEING PROPOSED FOR DEVELOPMENT IS LLOCATED �' III . THE FOLLOWING IS TO BE COMPLETED BY APPROPRIATE SCHOOL DISTRICT OFFICIAL SCHOOL NAME EXISTING ENR. EST. CAPACITY Elementary pill Lewis Element4ry 432 441 Intormedlate' ler Junior Hiah 864 10O0 H i�h Tisard Benign High 1322 1450 Additional Comments: No gn siificant irpact enrollment ise fr -w om this •to.osed devel. . t. • . , , . , . developments planned for the same general area necessitate some ad ubtssnts in elementary school attendance oundaries. Information provided by: /I/ phone No. 68 4'2 Q9 Date: May 9, 1984 IV. RETURN TO DEVEU P R FOR SUBMISSION WiTH APPLICATION (Name b address on page 1) 4 RYAN O'BRIEN Planning Consultant 1134 S.E. 23rd Ave. • Hillsboro, Oregon 97123 • (503) 648-4061 June 25, 1984 REQUEST Subdivision Variances for Sandlewood Park, Tax L,ot 2000, Map 1S1 -35CA, 1 . 66 acres, City Tigard,Ti ard, Ore on. g { INTRODUCTION These variances are for a 13 lot subdivision that contains 5 flag lots. One of the flag lots has a 15 foot, access width for the pole and a 10 foot driveway in accordance with Section 18.108. 0'70-A of the Tigard Code. The other 4 lots are grouped in pairs and are proposed to have common driveways 10 feet in width with' a combined flag pole width of 15 feet instead of two 15 foot wide poles and two 10 foot wide driveways or one 25 foot wide pole with a 20 foot wide driveway. The second part of this variance is for a reduction of the 10 foot side yard requirement of the flag lots to 5 feet in accordance with Section 18. 96. 090 of the Tigard Code. VARIANCE FINDINGS 1 . There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands simularly situated. COMMENT - The only reasonable development of the subject property is o this fla g lot approach. A 25 foot access ca n be provided ided with a 20 foot driveway, but this would reduce the lots widths and depths for lots 5, 6, 7, 8, 11 , and 12. These lot widths and depths are necessary to accomodate the type of houses proposed on the lots. Also, the flag lot widths are not sufficient to accomodate the 10 foot side yard of the code. The purpose of this extra side yard is to protect adjacent existing houses from the effects of a new house that was not previously expected to be developed. In this case, no existing houses are right adjacent to the houses that will be developed on the flag lots. Therefore, the 10 foot required set back is not necessary. 2. These variances are necessary for the proper design and function of the subdivision. Comment - As mentioned in Finding 1 above, these variances will accomo- date a more reasonable lay out and design of the subdivision for the type of houses proposed. The proposed 10 foot driveways are adequate for the short distances they will be utilized. This driveway width is , not adequate for 2 way traffic, but it is adequate for emergency vehicles. II Page 2 Sandlewood Park Variances The chances of a vehicle entering and exiting at the same is very limited. If it does happen, the result will only be a 5 second delay. Also if one of the vehicles has to back out slightly to accomodate the other vehicle no impacts will be created because of the limited traffic of 95th Ave. and Dakota Street. Further, a 15 foot access strip and 10 foot driveway is much more aesthetically. pleasing and more in scale with . 5,000 square foot lots than a 25 foot access with a 20 foot driveway. A large 20 foot driveway has a poor appearance and will have a negative visual impact on the development and the surrounding area. 3. The granting of these variances will not be detrimental to the public health, safety and welfare, or be injurious to the rights of other property owners. Comment - The proposed 5 foot set backs instead of the required 10 foot set backs will not have any negative impacts on surrounding property. No existing houses are close, enough to have any impact. Vacant property adjacent to the subject property will probably also be developed with identical flag lots in the future. These proposed 5 foot side yards will not create any public health or safety problems. The City of Hillsboro requires 2 common flag lots to have a 16 foot access strip with 10 feet of pavement. Washington County requires 2 common flag lots to have a 20 foot access strip with 10 feet of pavement. both of these jurisdictions found that the traffic generated by 2 houses is not sufficient to require a driveway wider than 10 feet. Both of these jurisdictions require reciprocal access easements and maintenance agreement which is the same as proposed with this application. The end result will give each flag lot owner the use of a 15 foot access strip and a paved driveway 10 feet in width. The easement rights are basically identical to ownership. These reciprocal easements are requested in accordance with Section 18. 164. 030-C of the Tigard Code which allows the Planning Commission to approve such easements. It is found to be the only reasonable method available. Such easements cannot exceed 100 feet unless through the Planned Development Process. The use of these reciprocal easements and common access maintenance agreement and the size of the proposed accesses and driveways will not affect surround- ing property or create health or safety problems. 4. These variances are necessary for the preservation and enjoyment of substantial property rights because of extraordinary hardships which would result from strict compliance with the regulations of the ordinance. !. Comment - The hardships that will be created are wide driveways that are unatractive, unneeded and out of scale with the small lots proposed. Secondly, the combination of these driveways and increased side yards will reduce the overall width and depth,,,of the other lots without any significant corresponding public benefit. The specific size, shape and location of the subject property is the main reason for tese variance requests. Also, adequate lot size and dimensions, and dwelling unit location, are much more important when compared to the benefits of a 10 foot side yard and the larger access and drive way widths. [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] • l ,•n �v ° Z O- W 3 —I o t .: • • P« < .00 30 0 31 y l 32 33 Iw' — Q • 400 lao' N ; w l I Yt = _ o�l 9 = 2 4 1.,1_1 0 76.7"`'• 90_ 90• o nl• r0' sce- _ — 136.27' •:_OO Ib0' • /�� 3201 500 Iso' /.Oqc, .46Ac - 93 9• 33049, 9{.19' 1 4' LLl ,.. _ N 3290 . ° Y No \1 qY 400 I I —r • I. 8 _ o w o a �o• q •�� I �� 1 I _ ^ 0 5 ,_ . :Os' C.S.13,715 .° 301 ° Nna �I N 70. 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