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CPA1996-00004 . 4 CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY CITY COUNCIL Concerning Case Number(s): CPA 96-0004/ZON 96-0003/PD (s) 96-0002 FILE NO: CPA 96-0004/ZON 96-0003/PD 96-0002 FILE TITLE: SATTLER SITE APPLICANT: Matrix Development OWNERS: Edward J. Sattler, Jr. Lillian E. Sattler 6900 SW Haines Street 8800 SW Sattler Street1 5245 SW Hall Blvd. - Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three-parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, ' religious assembly and schools. R-12 (Multple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. Action:❑ Approval as requested Approval with conditions ❑ Denial Notice:Notice was published in the newspaper, posted at City Hall and mailed to: g The applicant and owner(s) Owners of record within the required distance The affected Citizen Involvement Team Facilitator Affected governmental agencies Final DM: THE DECISION WAS SIGNED ON 4J. i3 , 1996, AND BECOMES EFFECTIVE ON � /oZ , 1996. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. QUESTIONS: If you have any questions, please call the Tigard City Recorder at (503) 639-4171. 4 V • • AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) City of Tigard ) I, 4QA.i a.k. (.0 6'e , hereby certify: Please Print That I am a ' 6 & j 22c�s�r't�� forthe City of Tigard, Oregon. That I served notice of the Tigard City Council c-t✓LC&.Q O(Cj LIt C/9 - 0)01-1(2-CA -c .C003 /OD �?�-OOD a inaT .nC Stet I'Orth`r( c Ck qt, -3a) of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the I — day . , 19 q60 , by mailing to each of them at the address shown on the attached list (Marked Exhibit B), said notice is hereto r`h attached, and deposited in the United States Mail on the l5 day of L-( 19 q , postage prepaid. :. `J l!Q () 0/}eA-'(Asla tO0aCtie-Ar Prepared Notice Subscribed and sworn to before me this I it day of , 19 9 G . f'� OFFICIAL SEAL • v\` `' ��'1 }� `?"" = M JO ANN HAYES Notary P 11,lic of Oregon �~ � NOTARY PUBLIC-OREGON MyOQ sION EXPIRES No.042,x8 My Commission Expires: Mal, S vigil MY 0®MMISSION EXPIRES MAY 05,1999 h:\login\cathy\afofmail • 411 CITY OF TIGARD, OREGON ORDINANCE NO. 96-3a AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A TIGARD COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY MATRIX DEVELOPMENT COMPANY (CPA 96-0004/ZON 96-0003/PD 96-0002) WHEREAS, the applicant has requested a comprehensive plan map amendment and zone change from Low Density Residential/R4.5 to Medium-High Density Residential/R-7(PD) on 18.5 acres and a zone change and planned development overlay from R-12 to R-7(PD) on 9 acres of property at the southwest corner of Hall Boulevard and Sather Street and WHEREAS, the Planning Commission conducted a public hearing for the proposed amendment and zone change at its meeting of June 17, 1996, and recommends approval of CPA 96- 0004/ZON 96-0003/PD 96-0002. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendment is consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached final order (Exhibit A); SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to designate the parcels illustrated on the attached map (Exhibit B). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: B (Ai Iv I I fllOLIS vote of all Council mei�nnber; present after being read by number and title only, this 13—b-" day ofrq i , 1996. eatiltiLl)r S(MECKCC&. did /100- Yd7� 401-ttiag ,tt.) Catherine Wheatley, City Recorder �� APPROVED: By Tigard City Council this 13 day of // ,S)-: 1996. �t cu i.e t•luiw, O -'-c-i l Ote aid vit- ORDINANCE No. 96- 32- Page 1 • • Approved as to form: Attorney Y/i ��sc,. Date ORDINANCE No. 96- 3a Page 2 • • EXHIBIT A CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY MATRIX DEVELOPMENT COMPANY. The Tigard City Council reviewed the application below at a public hearing on July 23, 1996. The City Council approves the request based on the facts, findings and conclusions noted below. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 96-0004 Zone Change ZON 96-0003/PD96-002 REQUEST: The applicant has requested a comprehensive plan amendment, zone change and planned development overlay from Low Density Residential/R4.5 to Medium Density Residential/R-7 (PD) on 18.52 acres and a zone change and planned development overlay from R-12 to R-7(PD) on 9 acres of property at the southwest corner of Hall Boulevard and Sattler Street. APPLICANTS: Matrix Development Company 6900 SW Haines Tigard, OR 97223 OWNERS: Edward J. Sattler, Jr. 8800 SW Sattler Street Tigard, OR 97224 Lillian E. Sattler 15245 SW Hall Blvd. Tigard, OR 97224 1 • • LOCATION: West of Hall Boulevard and south of Sattler Street (WCTM 2S1 11 DA, Tax Lots 100, 200 and 300) 2. Vicinity The three affected parcels are located west of Hall Boulevard and south of Sattler Street (Attachment B). The properties to the north across Sattler Street are designated as Low Density Residential with a zoning of R-4.5(PD); to the east (across Hall Boulevard), south and west are properties designated as Medium Density Residential and zoned R-7. All of these areas are developed as subdivisions. One parcel immediately adjacent to the site along Hall Boulevard to the south is zoned R-12 and contains a single-family residence. 3. Background Information Site History. The entire site, consisting of 27.52 acres, was annexed to the City in March of 1982 and designated as Urban Low Density with zoning of R-5 (eastern 9 acres of site including tax lot 300 and two-thirds of lot 100) and R-7 (western 18.52 acres of site including tax lot 200 and one-third of lot 100). At the time, R-5 denoted 5,000 square foot minimum lot size and is equivalent to the City's current R-7 (7 units per acre/5,000 square foot minimum); R-7 denoted 7,000 square foot minimum lot size and is equivalent to the City's current R-4.5 (4.5 units per acre/7,500 square foot minimum). The current zoning map, therefore, should show the eastern portion of the property as R-7 and the western portion as R-4.5. However, the eastern portion is shown as R-12 (12 units per acre/3,050 square foot minimum lot size). See below under Section IV, Policy 1.12 for explanation of this discrepancy. There have been no other actions staff could find related to this property, including a zone change from R-7 (formerly R-5) to R-12. 4. Site Information and Proposal Description The "L" shaped site is comprised of three tax lots. Parcel 100, abutting both Hall and Sattler, is 12.65 acres with a single-family residence and farm buildings; the remainder is open grassland. Parcel 200, the western portion of the site, is 14.57 acres and used as pasture land. A single-family residence is located in the northwest section of the parcel. Parcel 300, located along Hall Boulevard, is 0.30 acres and contains a single-family residence. There are two identified wetlands on the site totaling 0.78 acres. They have been described by the City's Local Wetlands Inventory as farm ponds with no adjacent tree vegetation, the shrubs totally grazed by cattle and emergent vegetation as not recognizable. They have received the lowest functional value of any wetlands in the City. Further, in a letter 2 from the Division of State Lands to the applicant's wetlands consultant, dated May 16, 1996, the Division's Wetlands Program Leader refers to these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. The applicant requests a comprehensive plan map amendment, zone change and planned development overlay from Low Density Residential/R-4.5 to Medium Density residential/R-7(PD) on the western 18.52 acres; and a zone change and planned development overlay from R-12 to R-7(PD) on the eastern 9 acres. A written narrative has been submitted by the applicant in support of the request. If the proposal is approved, the applicant has expressed a desire to develop a neo- traditional subdivision on the site. There are no plans or submittals, however, pertaining to a subdivision development as part of this application. 5. Agency Comments ODOT has reviewed this application and informed staff that the proposed change is not significant under OAR 660-12 (Transportation Planning Rule) and, therefore, did not submit comments. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1, 12.2.1 (2); Community Development Code chapters 18.22 and 18.32 and 18.80; and Oregon Administrative Rules, Chapter 660 Division 12. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: General Policies: Policy 1.1.2 requires that in order to approve quasi-judicial changes to the comprehensive plan map, the City Council must find: 1. The change is consistent with applicable plan policies; 2. A change of physical circumstances has occurred since the original designation, or; 3. A mistake was made in the original land use designation. The proposed comprehensive plan map change from Low Density to Medium Density Residential is consistent with all applicable plan policies (see below). The applicant makes cases both for a change of physical circumstances and a mistake to meet this criterion. The change argument is based on two circumstances (see applicant submittal, pages 17-20). Staff does not consider the first circumstance to constitute a physical change. The applicant states that an R-12 area southeast of the 3 • • site has developed as single-family homes with smaller lots to a density of approximately seven units an acre only. This may be the case, however, it is not a physical change which is cause for a zone change to the affected site. The development at seven units an acre is allowed under R-12 zoning. The second argument, based on a staff recommendation to the Planning Commission and City Council in 1987 to `upzone' the R-4.5 portion of the site, which was denied, claims that the findings given at the time are no longer valid due to changed circumstances. A denied recommendation for a city-initiated zone change by itself does not qualify for a physical change of circumstance. Staff agrees, however, that changes have taken place since this portion of the site was zoned R-4.5 which enhance its ability to accommodate medium density housing. Since the site was assigned R-7.(equal to current R-4.5) zoning in 1982, the following improvements to the transportation system that serves the site were planned and implemented: • Intersection improvements (1989) and signal installation (1992) at Bonita & Hall; • Widening of Durham Road between Summerfield and Hall (1990); • Widening of Durham Road between Hall and Upper Boones Ferry Road (currently under construction). • Transit service initiated by Tri-met along Hall Boulevard (1993) The site now meets all criteria for Medium Density under the Comprehensive Plan's Locational Criteria section (see Locational Criteria, Policy 12.1.1(2) below). The applicant states that a mistake has been made in the zoning designation on the R- 12 eastern portion of the site (see application, page 20). Staff agrees that a mistake was made in changing the Comprehensive Plan and zoning from Urban Low Density/R- 5 to Medium Density/R-12. R-5 is a former City designation which meant 5,000 square foot minimum lot sizes and is equivalent to the current R-7 designation. The City Council initiated annexation of this site in August of 1981 and assigned R-5 zoning. The Boundary Commission approved the annexation request in March of 1982. The Interim Zoning Map of 1983 and all zoning maps thereafter, however, show the eastern portion of the site zoned R-12. Staff could find no official record, including staff report and findings, regarding the rezoning of this area from R-5 to R-12. For this reason, staff believes that an error was made in reassigning an R-12 zoning to this site. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The notice for the planning commission hearing was sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on 4 • • March 19, 1996, for property owners within a 250-foot radius of the affected property and other interested parties. This policy is satisfied. Housing: Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. It is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires the city maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. Because the R-7 zoning district is included in the range of zoning districts (R-7 through R-40) used by the City in the calculation of attached single-family or multi-family housing, the net affect of the zone change would result in an increase from 77% to 78% of new units being of this type. In addition, there would be one additional unit of housing added to the City's inventory under the proposed rezone. The proposal would not, therefore, affect the City's current housing opportunity index of 10.46 units per acre. This policy is satisfied. Transportation - Traffic Ways: Policy 8.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. As a directive to the City, this policy requires planning for a street system that can meet current and future needs based on the land uses it must support. Hall Boulevard has been designated as an arterial and Sattler Street a Minor Collector on the City's Comprehensive Plan Transportation Map.. These designations support the existing zoning of the subject site. Under the proposed zoning, the residential development potential is virtually the same as that under the existing zoning. Based on the City's density calculation method, the existing zoning could yield 190 units and the proposed zoning could yield 191 units on the site. Upon development of the site under either scenario, the developer will be required to dedicate necessary rights-of-way(s) and install the necessary street improvements to implement the street standards of Hall Boulevard and Sattler Street which will maintain a safe and efficient roadway system. This policy is satisfied. Locational Criteria: Policy 12.1.1(2) provides the locational criteria for designating land as Medium Density Residential on the Comprehensive Plan map. It is intended that the locational criteria be construed in a flexible manner, in the interest of accommodating proposals which, though not strictly in conformance with the applicable criteria, are found to be in the public interest and capable of harmonious integration into the community. The burden of proving conformance of the proposal with the criteria varies with the degree of change and impact on the community: the more drastic the change and the greater the impact, the more strictly the criteria should be construed. The applicable locational criteria with findings are as follows: 5 • • A. The following factors will be the determinants of the areas designated for medium density on the plan map: (1) Areas which are not committed to low density development; The surrounding area is zoned for a mix of low and medium density development: To the north of the entire site and south of the western portion of the site are Low Density Residential districts; to the east, west and southeastern portion of the site are Medium Density Residential districts. This area is not, therefore, committed to low density development. (2) Areas which have direct access from collector or arterial streets; The site has direct access to Hall Boulevard, an arterial, and Sattler Street, a minor collector. (3) Areas which are not subject to development limitations such as topography, flooding, poor drainage; The site is not constrained by development limitations. The two wetland areas identified in the City's Inventory are farm ponds with no adjacent tree vegetation, totally grazed by cattle and contain no recognizable emergent vegetation. They have received the lowest functional value of any wetlands in the City. The letter from the Division of State Lands considers these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. (4) Areas where the existing facilities have the capacity for additional development; The existing facilities and services have adequate capacity to accommodate development at the site. The proposal would allow virtually the same number of residential units as the existing zoning. Sanitary sewer, storm and water lines are located in Hall Boulevard, Sattler Street and 88th Avenue. The street system is designated to handle additional traffic. The detailed analysis and evaluation of service capacity and needed improvements will be addressed as part of the development review process. (5) Areas within one-half mile of public transportation; and Tri-met bus service is available along Hall Boulevard. (6) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas. 6 • • • The proposed area can be adequately buffered from the low density residential area on the north side of Sather Street and along the southern boundary of the site through the density transition, buffering and screening requirements of the Community Development Code. These requirements would be addressed during subdivision review when an application is submitted to the City. Based on the above facts, Policy 12.1.1(2) is satisfied for locating a Medium Density Residential area on the western portion of the subject site. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Amendments to the Title and Map: Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community; The applicable plan policies related to the proposal are reviewed above under Compliance With Comprehensive Plan Policies. Based upon the facts and findings in this report, staff has determined that the proposed amendment and rezone will not adversely affect the health, safety and welfare of the community. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances; The Tigard Comprehensive Plan has been acknowledged, therefore, specific review of each statewide planning goal is not necessary. Notice of this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. The applicable standards of any provision of this code or other applicable implementing ordinance; Code section 18.52 (R-7: Single-Family Residential) contains the standards for the R-7 zone. The proposed site could meet the standards listed under Dimensional Requirements (18.52.050) and Additional Requirements (18.52.060), including the residential density transition provisions of 18.40.040, for a single-family development._ Specific future site development improvements will be reviewed through the subdivision procedures to ensure consistency with Community Development Code standards. Evidence of change in neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the 7 • • subject of the development application. See above under Compliance With Comprehensive Plan Policies, Policy 1.1.2. Procedures for Decision Making - Quasi-Judicial: Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has been processed in accordance with Code Sections 18.32.020, 18.32.050 and 18.32.060; a hearing has been conducted by the Planning Commission according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. Planned Development: Section 18.80 of the Community Development Code sets forth the approval process and elements of a planned development overlay designation. Section 18.80.015 states that this overlay zone shall be processed in the same manner as a zone change under the provisions of Chapter 18.32 (Procedures for Decision Making: Quasi-judicial). This application is indeed being processed according to Chapter 18.32. The proposal also meets the requirements of Section 18.80.060, Planned Development Allowed and Disallowed, because the affected site is classified as a developing area. The remaining requirements of this code section, which address implementation of the Planned Development overlay, will be reviewed upon submission of a development plan. This policy is satisfied. COMPLIANCE WITH STATE AND REGIONAL REQUIREMENTS: Oregon Administrative Rule: Section 660-12-060 requires that comprehensive plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with identified function, capacity and level of service of the facility. The proposed amendment/zone change would result in a net change of one additional residential unit allowed on the site. This change would not significantly affect a transportation facility. ODOT agrees and did not require or request a traffic study of the proposal. This rule is satisfied. C. DECISION The City Council APPROVES the requested Comprehensive Plan Amendment CPA 96-0004 and Zone Change ZON 96-0003/PD 96-0002 based upon the foregoing findings and conclusions. 8 11,- • - Ai Ilk • • * + crrr or rwAQO �11 ■ lipLE E EP,. ' ,•No .,p. F--,,,, is gm im,,,,,,, al AV1 Um' LAWN WEST. � ,,jun11 0 Iii . . IIiW ■■Il Mail ►-•-•-•-•.•-•....._._- C� �■ ������ •••••••••••••••- ................ � ••••••••••••••_•_ , ►•••••••••••••••••••••••••(••• z.........••••••••aim ►••••••••••••�►•• �� '...kid-Fi ••••••••••••• ..._ re.. • ,�' • . ---.VP/ ',,eJ r►i YIV•••••••••••••••••••••• �� lit + //�•• ..•••••••••••A.1111111 " I� ►�••1P•t••••.•••••.•.•••.•••. _ • �� ••••❖••••••••••••••••••••••• ■•••••••••••••••••••••••••••••• __.._._........ % z �'•NM EN imp an mista NM EN .011 2 'VW No sia III EN r I. . .- I■ -. I,A a.. �► gall' as ._„ r T ■. ■• � iI, p!jul11.1 101 . . ,. ♦ .4 en lit l'a W. _,I a �� ter: �. ♦ mo an i-:zmimunio Alla < p 0 I- /nwJ �� �.. ! .s►ii■IIIIid11�iii ii flhuikil _____ Fim DURHAM RD UN= 111711111111 illim. 111111 W 0 17:_i 11111111 Pro d Com rehensive Pfan Ma Amendment. j�/j/ P� P P Zane Change and Planned Oevelnpment Oveciay f am �r Vicinity Map Low DensirylR-as to Medium Density/R-7(PD) Note: Map is not to scale ::::......•::�.•�❖•;� Proposed Zone Change and Planned Development N •••••.•••. �•...•.�...- Overlay from R-12 to R-7(PD). ll �Libj 6 STEVE SMITH • JACK POLANS 14802 SW 91ST 16000 SW TIGARD, OR 97224 QUEEN VICTORIA KING CITY OR 97224 JOHN ARRIGONI 8935 SW HAMLET TIGARD, OR 97224 . MARK FUSICK MALLARD LAKES HOMEOWNERS ASSOCIATION 14873 SW 91ST TIGARD, OR 97224 RON PHEISTER, PRESIDENT SUMMERFIELD CIVIC ASSOCIATION 10650 SW SUMMERFIELD DR TIGARD, OR 97224 FRANK ANGELO MATRIX DEVELOPMENT W&H PACIFIC 6900 SW HAINES ST 8405 SW NIMBUS AVE TIGARD, OR 97223 • BEAVERTON, OR 97008 CLAYTON WILSON EDWARD SATTLER, JR 9045 SW WESTLUND CT 8800 SW SATTLER ST TIGARD, OR 97224 TIGARD, OR 97223 LILLIAN SATTLER 15245 SW HALL BLVD TIGARD, OR 97223 { { 1 I NOTICE OF ADOPTI N This form must be mailed to DLCD not later than 5 working days after adoption ORS 197.615 and OAR Chapter 660, Division 18 See reverse side for submittal requirements CPA 96-0004 ZON 96-0003 Jurisdiction City of Tigard Local File# PD 96-0002 Date of Adoption August 13. 1996 Date Mailed August 28. 1998 Date the Proposed Notice was mailed to DLCD May 22. 1996 _ Comprehensive Plan Text Amendment X Comprehensive Plan Map Amendment Land Use Regulation Amendment X Zoning Map Amendment New Land Use Regulation Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." The applicant requested to amend the Comprehensive Plan Map and Zoning District Map for 27.5 acres located on three (3) parcels west of SW Hall Boulevard and south of SW Sattler Street. The amendment changed the designation and zoning from Medium Density Residential/R-12 to Medium Density Residential/R-7. Nineteen (19) acres of the affected site was changed from Low Density Residential/R-4.5 to Medium Density Residential/R-7. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice of the proposed amendment, write "N/A." Same. Medium Density Residential Plan Map Change From Low Density Residential to Medium Density Residential Zone Map Change From R-12 and R-4.5 to R-7 Location: West of Hall Boulevard and south of Sattler Street Acres Involved: 27.5 Specify Density: Previous Density R-12 and R-4.5 New Density R-7 Applicable Goals: 12 Was an Exception adopted? _Yes X No DLCD File# DLCD Appeal Deadline • I Did DLCD receive a Notice of Proposed Amendment 45 days prior to the final hearing? X Yes No: The Statewide Planning Goals do not apply Emergency Circumstances Required Expedited Review Affected State or Federal Agencies, Local Governments or Special Districts: ODOT Local Contact: Laurie Nicholson. Associate Planner Phone: (503) 639-4171 Address: 13125 SW Hall Boulevard. Tigard. OR 97223 SUBMITTAL REQUIREMENTS ORS 197.615 and OAR Chapter 660,Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: Department of Land Conservation and Development 1175 Court Street, N.E. Salem, Oregon 97310-0590 2. Submit Two (2) copies of adopted material, if copies are bound, please submit two (2) complete copies of documents and maps. 3. Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five (5) working days of the final decision. Appeals to LUBA may be filed within 21 days of the date Notice of Adoption is sent to DLCD. 6. In addition to sending Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. If you need more copies of this form, please call the DLCD at 503-373-0050 or this form may be duplicated on green paper. •i • • • _ ... _ .• .... . _ UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid i USPS { Permit No.G-10 y •Print your name, address, and ZIP Code in this box • t G• • 411, City of Tigard Planning Division A777J ✓/v/4A/ ; y, TS 13125 SW Hall Boulevard • CITY OF TIGARD Tigard, Oregon 97223 • f r i G • CPA 91-01; CPA 92-07;ZOA 92-04;'ZOA 93-01; • 3 CPA 93-09; ZOA 93-07; CPA 94-02;CPA 94-04; E • . . 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Delivery co e 2 ■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. a i; delivered. 0 3.Article Addressed to: 4a.Article Number m Z 2/ 3 025/ 39� 71 4b.Service Type `6 i DEPT OF LAND CONSERVATION&DEV d El Registered ❑ Certified ¢ • c°, 1175 COURT STREET NE El Express Mail ❑ Insured °' •SALEM OR 97310-0590 ` ❑ Return Receipt for Merchandise El COD. 3 • 7.Date of Delivery !�'/7/IN //9744 r5oo.a 'o t 5.Received By: (Print Name) 8.Addressee's Address(Only if requested c t and fee is paid) c i• L 6.Signs e:(Addy/s,�seQ„or Agent) ~ o X)10 f i9e t, 2 PS Form 3811,December 1994 102595-98-8-0229 Domestic Return Receipt \-.,i IP . S T PLAt'ZIIN DIVISICW reirrAL. di i/I>tl Z 463 251 392 US Postal Service Pi Receipt for Certified Mail '7 No Insurance Coverage Provided. Do not use for International Mail(See reverse) r DEPT OF LAND CONSERVATION&DEV - 1175 COURT STREET NE rt SALEM OR 97310-0590 p Postage $ J.( ° •` Certified Fee ,'5.-- .,� ESpecial Delivery Fee r ORestricted Delivery Fee ,i`L n,9 � vs : , Return Receipt Sho .- 01 '— Whom&Date Deliv:rad a .. Return Receipt Showing ,vri ,�. J 't r�7 U < Date,&Addressee's .. ..z p {'Oj Y 41 dl 8 TOTAL Postage&Fee /� *`�` !� O CI Postmark or Date .-lV Ci MI OT 4 ti a a) 0 a CPS q 6-off • •ends Item No. 3_ TIGARD CITY COUNCIL Meeting of c1/1Dja IO MEETING MINUTES - AUGUST 13, 1996 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Council President Paul Hunt > Council Present: Council President Paul Hunt; Councilors Brian Moore, Bob Rohlf (arrived at 6:37 p.m.) and Ken Scheckla. > Staff Present: City Administrator Bill Monahan; Gary Alfson, Consulting Engineer; Computer Services Network Manager Paul DeBruyn; Community Development Director Jim Hendryx; Finance Director Wayne Lowry; Legal Counsel Tim Ramis; and City Recorder Catherine Wheatley. > Update: Council Computers Paul DeBruyn, Network Services Director, presented the staff report. He reviewed the advantages and disadvantages of the three types of computers available, noting that each had similar capabilities. The three types of computers presented were a desktop model, a laptop model with an active matrix screen, and a laptop model with a passive matrix screen. He mentioned that the desktop computer cost around $2,000 and the laptops around $2,200 with the active matrix screens running about $500 more. Staff budgeted $6000. He recommended the laptop with the passive matrix screen. The Council discussed the potential use of laptops during Council meetings to display the agenda packet, to access the Code, and to converse via e-mail. Councilor Scheckla noted a concern with conversing via e-mail during a public meeting. Tim Ramis, Legal Counsel, addressed a public records question and stated that with any notes created on a computer in the context of making a decision on a public matter, a reasonable argument existed that those notes were public record. He advised the Council to use e-mail and the computers with caution during a public meeting. Council President Hunt noted that the budget allowed the purchase of only two laptops at this time, and asked how staff intended to handle the matter. Bill Monahan, City Administrator, stated that they needed to make a decision on that. He suggested evaluating who needed a computer at this time (some Councilors had their own computers) or increasing the budget or waiting a year because prices were continually falling. Discussion followed. Councilor Scheckla suggested waiting until after the election. Councilor Rohlf stated that he intended to use his own computer but was interested in a high speed modem from the City. Councilor Moore said that he could wait on getting a laptop since he had a computer at home. COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 1 • • 1 . Councilor Scheckla asked for clarification on using a City computer at home for non-City uses. Mr. Monahan said that staff expected a City computer at home to be used primarily for City business. Mr. Monahan suggested that Mr. DeBruyn use a questionnaire and follow-up conversations with the Councilors to determine needs and priorities. Staff would decide after the elections. Councilor Scheckla asked for an update on the computer problems experienced at City Hall several weeks ago. Mr. DeBruyn reviewed how the servers and back-up servers failed. The result was that Community Development and the Finance Departniients were without computer equipment for several days. He report that not all problems are resolved; the manufacturer is replacing some of the equipment. > Executive Session: The Tigard City Council went into Executive Session at 7:05 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 7:10 p.m. > Review: Proposed Changes to City Charter Catherine Wheatley, City Recorder, reviewed the five proposed changes to the City Charter. The Council discussed the first change which to amend the method of electing Councilors. Currently, Councilors file for candidacy by position number. The change would provide that candidates would file for the open positions (two positions would be available at the General Election — every two years). The two candidates receiving the highest number of votes would be elected. Councilor Scheckla expressed concern that the change would open up the race to those with the money needed to campaign against the whole field whereas running for an individual Council position limited the number of contenders running against each other. He said that he could not support the change. Council President Hunt said that the change would reduce the chances of a group of citizens trying to oust a particular Councilor. He noted he initiated this proposed change. Councilor Rohlf said that he liked the idea of the top two vote getters getting the seats, pointing out that a candidate whom a number of people wanted to oust could still be elected in this method. He said that while he was ambivalent, he would support the change since he did not see anything wrong with it and he knew that it worked elsewhere. COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 2 • • Councilor Moore stated that he could see advantages for but his preference leaned toward the existing method for election. Councilor Rohlf commented that it was easier to run a campaign with individual positions because a candidate knew who and what issues he/she had to address; otherwise a candidate had to address the whole field of candidates. Council President Hunt commented that with the Council positions, the least qualified candidate could be elected because he had no opposition whereas two strong candidates had to fight it out. The Council decided to wait to give staff direction until after the public hearing on August 27. Ms. Wheatley reviewed the second change of transferring the City Manager position to the Charter from Sections 10 and 20 of the Code. Council President Hunt objected to the statement in the ordinance that.the Mayor appointed the City Manager, noting that the process used to hire Mr. Monahan involved an evaluation of the candidates and the entire Council voted on the final decision. He asked that the phrase be changed to appointment by the City Council. Ms. Wheatley reviewed the other changes, including updating the language in the oath of office and making the Charter gender neutral. She reported that staff checked with the City Attorney's office in response to a suggestion during the previous discussion that the urban renewal clauses in the Charter be removed because they could not be used. As noted in the Council packet material, Legal Counsel Paul Elsner advised that the urban renewal financing methods were still viable options available to the City. The Council discussed the current Charter section on urban renewal. Councilor Scheckla commented that feelings ran high in the City at the time of that vote. The Council decided to leave the urban renewal language in the Charter. > Agenda Review Mr. Monahan reported that staff opened the two bids received for Consent Agenda items 3.3a and 3.3b today. Gary Alfson, Consulting Engineer, reported that the City received two bids for the Main/Commercial Streets project and these bids were higher than estimated. He reviewed the funding sources and the scope of project for the Main/Commercial Streets project, noting that the bid overran the $560,000 allocated in the budget by $27,000. COUNCIL MEETING MINUTES - AUGUST 13 , 1996 - PAGE 3 • • Mr. Alfson reviewed the options available to the Council. He advised against readvertising the bids in the spring because the streets would further deteriorate during the winter and cost more to repair next year. He recommended maintaining the scope of project for the Main/Commercial Streets project and use $27,000 of contingency money from the gas tax fund. In response to a question from Councilor Scheckla, Mr. Alfson explained that few contractors remained in the market for projects at this time of year; most other cities have already bid out their regular development projects. Councilor Rohlf asked why the City's bid was so late. Mr. Alfson stated that the main reason was the budget process was not finalized until July 1. In response to a question from Councilor Scheckla, Mr. Alfson said that the liquidated damages in the contract were around $1,000 a'day. Mr. Alfson reported that the bids received for the Major Maintenance Program were also high. He advised against readvertising in the spring for the same reasons as stated before. He recommended changing the scope of the project rather than funding the difference between the bid and budgeted amounts. Mr. Alfson said that the contractor has agreed to eliminate two streets to bring this project in at the budgeted amount. The completion date was also November 15, 1996. Councilor Rohlf asked why the engineer's estimates were low. Mr. Alfson said that the estimates were based on typical prices during a good bidding climate. Councilor Rohlf suggested approving projects for a fiscal year in advance to get a headstart on the bidding season. Councilor Scheckla raised the issue of waiting on the maintenance program until next year in order to get a lower bid. Mr. Alfson recommended proceeding now to avoid further deterioration of the roads which would result in increased costs next year. In addition, it would cost more for maintenance during the winter. Mr. Alfson stated that staff would eliminate the two projects which were the lowest ont he priority list: Cascade Avenue and 68th Street. > Non-Agenda Items Mr. Monahan reviewed the changes to Tigard's projected contribution to the joint project for the Cook Park gray water line, phase 2. - Mr. Monahan reported that he has returned the agreement with USA because they sent a version with a term with which he did not agree. He said that the City Attorney's office was working with USA's attorney to resolve the situation. COUNCIL MEETING MINUTES - AUGUST 13 , 1996 - PAGE 4 • • • Mr. Monahan noted a resolution honoring Randy Volk. Mr. Monahan reported that the Mayor wanted to host a meeting of Mayors and County Commissioners in September to discuss passenger rail service and other transportation issues. Staff estimated the cost for a catered event at $400. There was no objection. > Update: Ballot Measure 47, "Cut and Cap" This item was continued to next week. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Council President Hunt called the business meeting to order at 7:30 p.m. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items Mr. Monahan asked to move Item #11 up to just after the Consent Agenda, and to insert Chief Ron Goodpaster's report on the Olympics as Item #5. He asked to add two non-agenda items: the Cook Park gray water line and a resolution honoring Randy Volk. 2. VISITOR'S AGENDA > Curtis King, 12130 SW Parkmoor Drive, King City, King City Councilor, expressed concern regarding the paved pathway near Pacific Highway and Beef Bend Road. He said that even with a curb, the path looked like a road and cars were jumping the curb to use the road and it was dangerous for pedestrians. He said that the vehicle STOP sign at this location was confusing. Council President Hunt said that he brought this matter to staff's attention several weeks ago, and discovered that the County had jurisdiction. Jim Hendryx, Community Development Director, reported that staff reviewed the situation and found out that the County closed off the road that accessed Beef Bend Road but neglected to remove the traffic sign. He referred the matter to the County but has not • heard the resolution; he said he would check with the County to see where matters stood. Mr. King requested the City to ask the County to install posts to prohibit cars from using the path. He also requested a "No Exit" sign. > Betty Morgan, 10940 SW 79th, advised that she represented over 80 taxpayers whose homes were located on the intersecting streets on SW Pfaffle between Hall Blvd and 79th Street. She expressed concerns with traffic on Pfaff le, citing impending construction of 84 apartments (Carriage House Apartments) in the area. She said that the City has already granted Andrews Management Company a variance to the City access standards that would make the traffic situation worse. COUNCIL MEETING MINUTES - AUGUST 13 , 1996 - PAGE 5 • • Ms. Morgan said that the neighbors understood that this permit was granted based on an outdated traffic study that preceded the construction of Cub Foods and Costco. She expressed concern with emergency vehicle access during the peak traffic hours. She said the neighbors were not consulted by the developer of the apartments. She presented a petition with over 80 signatures requesting a neighborhood forum to discuss the development prior to commencement of construction. The petition also requested an updated traffic study of the area and any necessary upgraded traffic controls. Council President Hunt asked staff for clarification on what the Council could affect on this decision at this point in time. Mr. Hendryx reviewed the specifics and history of this development, noting that the site development review (SDR), variance, and lot line adjustment were granted under staff administrative review following notice to the property owners within 250 feet of the site. He said that the Planning Commission heard the appeal of the SDR and variance last week; they were appealed on compatibility issues pertaining to construction of wall or fence on the adjacent property line. Mr. Hendryx said that following the final order, the Council could call up this matter under its review process, even though it has gone through the appeal process. Ms. Morgan presented her notice of the final order. Mr. Hendryx said that the Council had to call the matter up for review by August 22. Mr. Monahan suggested that the Council consider whether or not they wanted to call this up for review at their study session on August 20. Mr. Hendryx pointed out that the public could still appeal the decision even if Council chose not to call the matter up for review. Councilor Rohlf asked for clarification on the process. Mr. Hendryx explained that the application was appealed on a single issue and the Planning Commission restricted testimony to that single issue (the issue of fencing). Ms. Morgan commented that many more people were affected by this development than the property owners within 250 feet of the site. She asked for broader notification of the neighborhood. > Edward Metzler, 13267 SW Bull Mountain Road, presented a formal written complaint regarding the final authorized plans for the Foran subdivision. He stated that the compromises reached at the September 26, 1995 Council meeting were later modified by the developer and staff. He cited a new alignment in the proposed road that would affect his future development plans for his property because it cut off a section of a corner on his property. Mr. Metzler stated that Arthur Picullel committed to saving certain trees and that staff was directed by the Mayor to work toward saving those trees at the September meeting. He said that all those trees were removed; a permit was granted to Mr. Picullel to remove all the trees on the site. COUNCIL MEETING MINUTES - AUGUST 13 , 1996 - PAGE 6 • • Mr. Metzler stated that he was not allowed to voice any of his concerns at the special Council meeting on July.29, 1996. He requested a formal hearing per Section 18.24.04 of the City Code. Mr. Ramis stated that Mr. Metzler was advised by staff on the proper procedure for reviewing these situations; Mr. Metzler submitted a letter to the Planning Director that would trigger the review process as stipulated in the ordinance. > Vlasta Barber, 11120 SW Summerlake Dr., on behalf of the Executive Board of the Tualatin Chapter of the National Association of Retired Federal Employees, thanked the Mayor for proclaiming February 22 as NAFRE Day. She noted that the proclamation was reported in the NAFRE magazine. She thanked the staff and Council for the work they did. 3. CONSENT AGENDA Mr. Monahan noted the updated figures on the bid awards for Items 3.3a and 3.3b. Councilor Scheckla requested that Item 3.4 be removed. Council President Hunt asked for clarification on the City taking jurisdiction over Durham Road from Hall Blvd to.Boones Ferry Road in order to put a stoplight at 79th Street. Mr. Monahan said that that was correct; the intersection did not warrant a signal per state standards and if the City wanted a stoplight, the City must accept the transfer of jurisdiction. Council President Hunt noted that they needed the stoplight to protect the children crossing the street but that it meant an operations and maintenance cost of$18,000 per year. Mr. Monahan commented that the City also received control over the traffic signals at Hall and Durham and at Durham and Boones Ferry. Councilor Moore asked for clarification on the bid costs for Items 3.3a and 3.3b. Mr. Monahan explained that Item 3.3a was $578,523 (Main and Commercial Streets) and Item 3.3b was $355,769 (major maintenance program). He said that they were :. eliminating Cascade Blvd and 68th Avenue from the maintenance program in order to remain within the budgeted amount. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to approve the Consent Agenda, removing Item 3.4. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve City Council Minutes: July 9 and 16, 1996 3.2 Receive and File: a. Council Calendar b. Tentative Agenda COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 7 • • 3.3 Local Contract Review Board: a. Award Contract for Construction of the Main Street/Commercial Street Reconstruction Project b. Award Contract for Construction of the 1996 Major Maintenance Program 3.4 Approve Historic Application Fee Waiver Request from the Tigard Chamber of Commerce 3.5 Accept Transfer of Jurisdiction of a portion of Durham Road from the Oregon Department of Transportation • Consent Agenda - Items Removed for Separate Discussion 3.4 Approve Historic Application Fee Waiver Request from the Tigard Chamber of Commerce Councilor Scheckla asked that a condition be imposed stipulating that the City would receive any revenue collected for parking on City property. Mr. Monahan reviewed the City's intent to build a parking lot on its portion of the Tigard Feed & Garden store lot once the building is removed. He said that the request tonight was solely for the fee waiver on the historic designation. He noted that Council has given direction that the City receive all the revenue generated by the City-owned property. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to approve the Historic Application Fee Waiver Request from the Tigard Chamber of Commerce. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") > The Council considered Agenda Item No. 11 at this time. > Report on the Olympics Council President Hunt commented that Chief Goodpaster volunteered to use his vacation time to serve on the security force at the Olympics. Police Chief Ron Goodpaster reported on his month long participation in the Security Team Program at the Atlanta Olympics; this involved 1300 officers from 45 countries. He said that as a Security Section Leader, he was responsible for setting up and coordinating the security at the public access points, the athlete arrival point, inside the concourse and the arena for the basketball venue at Morehouse College. He explained the security procedures and equipment used. COUNCIL MEETING MINUTES - AUGUST 13 , 1996 - PAGE 8 • • Chief Goodpastor said that after the bombing he also volunteered to work as a Section Leader at the Olympic Stadium. He mentioned the numerous people afflicted by heat stroke and related several anecdotes. He noted that that police forces around the world had significant differences in operating procedures and equipment. Council President Hunt thanked the Chief for representing the City of Tigard at the Olympics. 4. CONSIDER ORDINANCE - AMENDING CHAPTER 7.32 - OFFENSES AGAINST PUBLIC ORDER • Staff Report Chief Goodpaster presented the staff report. He stated that this ordinance would bring the City of Tigard Code into compliance with state law. He reviewed the changes in state law that regulated private security. He mentioned the addition of "bows and arrows and crossbows" to the list of unlawful weapons, citing problems they have had in the City. He said that the changes transferred much of the responsibility for the process to the state. • Council Consideration: Ordinance No. 96-28 The City Recorder read the number and title of Ordinance No. 96-28. ORDINANCE NO. 96-28, AN ORDINANCE AMENDING CHAPTER 7.32 OFFENSES AGAINST PUBLIC ORDER. Motion by Councilor Schecida, seconded by Councilor Rohlf, to adopt Ordinance No. 96-28. Motion was approved by unanimous roll call vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") 5. CONSIDER ORDINANCE - AMENDING CHAPTER 5.10 - DETECTIVES AND MERCHANT POLICE • Staff Report Chief Goodpaster presented the staff report. He reviewed the need to add "or employee" to the ordinance to alleviate problems the police have had in the past in investigating security licenses. • Council Consideration: Ordinance No. 96-29 ORDINANCE NO. 96-29, AN ORDINANCE AMENDING CHAPTER 5.10 DETECTIVES AND MERCHANT POLICE Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Ordinance No. 96-29. COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 9 • 41) Motion was approved by unanimous roll call vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") 6. CONSIDER ORDINANCE - ADOPTING ANNEXED PROPERTY DESIGNATIONS • Staff Report Mr. Hendryx presented the staff report. He reviewed how certain lands within the City remained at the County designations due to the Boundary Commission annexation process. He said that the intent of these ordinances were to give those properties their proper City zoning designations. He said that this was in accordance with the Urban Planning Area Agreement between Tigard and Washington County. Staff explained that separate ordinances were needed to amend the Comprehensive Map and the Zoning Map. • Council Consideration: Ordinance No. 96-30 and Ordinance No. 96-31 The City Recorder read the number and title of Ordinance No. 96-30. ORDINANCE NO. 96-30, AN ORDINANCE ADOPTING COMPREHENSIVE PLAN DESIGNATIONS FOR PREVIOUSLY • ANNEXED PROPERTY. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to adopt Ordinance No. 96-30. - Motion was approved by unanimous roll call vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") The City Recorder read the number and title of Ordinance No. 96-31. ORDINANCE NO. 96-31, AN ORDINANCE ADOPTING DESIGNATIONS FOR PREVIOUSLY ANNEXED PROPERTIES. Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Ordinance No. 96-31. Motion was approved by unanimous roll call vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") 7. PUBLIC HEARING - (QUASI-JUDICIAL) - VACATION OF APPROXIMATELY 6,445 SQUARE FEET OF PUBLIC RIGHT OF WAY LOCATED ON SW 135TH AVENUE The request was initiated by the City Council on June 11, 1996, Any interested person may appear and be heard for or against the proposed vacation of said public right of way. Any written objections or remonstrances shall be filed with the City Recorder by August 13, 1996, by 7:30 p.m. COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 10 • • a. Council President Hunt opened the public hearing and read the hearing criteria. b. Declarations or Challenges: None c. Staff Report Mr. Hendryx presented the staff report. He stated that this request for vacation of public right of way was in conjunction with the construction of the Castle Hill No. 2 subdivision; SW 135th Avenue was realigned to provide a T- intersection at Walnut. He explained that the right of way would revert to the five adjacent property owners listed in the staff report. He recommended that the Council approve the vacation. d. Public Testimony Cindy Buckingham, 13428 SW Scottsbridge Drive, expressed concern about how utility companies would access the water and phone lines for repairs since they would have to go through her backyard. She asked if the fire hydrant behind her fence would be moved. Councilor Moore raised a question about the provision of utilities in the area and the access easements needed for maintenance and repairs. Mr. Hendryx said that he would have Engineering research the questions of whether or not the utilities would remain, and if they remained, how they would be accessed. He also noted that if the City had to create easements to access the utilities, it would be easier to do so before the City vacated the land. The Council directed that this item be set over to August 27, 1996. 8. PUBLIC HEARING - (LEGISLATIVE) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0002 AKA BUSINESS SERVICES (set over from the July 9, 1996 Council Meeting) REQUEST: Amend the text of policy 12.2.1(2)(1a) of the Comprehensive Plan to modify the spacing and locational criteria for General Commercial land uses. LOCATION: City Wide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 9, 10, 11 and 12; Tigard Comprehensive Plan policies 1.1.1(a), 1.1.1(c), 2.1.1, 5.4, 6.1.1, 8.1.1 and 12.2.2; Tigard Community Development Code chapter 18.30; and Oregon Administrative Rule Chapter 660, Division 12. a. Council President Hunt read the hearing title and opened the public hearing. b. Declarations or Challenges: None c. Staff Report Mr. Hendryx distributed written submittals. Nels Mickealson, Associate Planner, presented the staff report. He said that the policy under consideration was one of the criteria used to analyze and evaluate the Comprehensive Plan map amendments that proposed the COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 11 • • redesignation and rezoning of land to allow for General Commercial (CG) uses. He pointed out that it had citywide application. Mr. Mickealson reviewed the existing plan policy that stated the criteria was "to be construed in a flexible manner in order to accommodate proposals that were found to be in the public interest," and which stated that a commercial area could not be "surrounded by residential districts on more than two sides." Mr. Mickealson reviewed the proposed change to the policy, summarizing it as "the existing restriction would still apply to new commercial areas but existing commercial areas could expand if the Council found all of four criteria." These criteria were 1) the expanded commercial area was not surrounded by R-1, R-2, R-3.5, R-4.5 or R-7 districts on more than two sides; 2) the increased commercial area would not adversely affect the surrounding residential districts; 3) the size of the increased commercial area would allow an appropriate buffer to be provided between the uses allowed in the commercial district and the uses allowed in the surrounding residential district; and, 4) the increased commercial area was the minimum size necessary required to allow the appropriate redevelopment of the existing commercial area. Mr. Mickealson explained that the applicant, AKA Business Services, Inc., owned a parcel with split zoning of CG in the front and R-12 in the back. He said that the property owner believed that the current policy could prevent him from expanding the CG portion of his site into the multifamily portion; therefore, he has applied for this legislative text amendment change. Mr. Mickealson stated that the proposal did not meet all the relevant criteria, including State Goal 10 Housing. Because this proposal would allow the expansion of CG into multifamily residential areas, it reduced the City's opportunities to make available housing units at various price ranges and rent levels, and to allow for flexibility of location, type, and density of housing. • Mr. Mickealson said that Comprehensive Plan Policy 5.4 was not satisfied because this proposal would facilitate the expansion of commercial areas into residential districts (which was prohibited by the policy). He said that Policy 6.1.1 was not satisfied noting that although the amendment itself would not cause the City to drop out of compliance with the Metro housing rule, it would result in the incremental loss of housing opportunities for the City to provide a diversity of housing densities and types. Mr. Mickealson said that regarding Policy 12.2.1(2)(1a), the spacing and location criteria, the proposal would hold single family and multifamily residential areas to a different standard. He stated that staff believed that these areas should be treated equally if the City's intent was to protect all residential areas. Mr. Mickealson reviewed the notice sent and responses received. He said that ODOT chose not to comment because they evaluated only parcel-specific COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 12 • • amendment requests for compliance with the Transportation Planning Rule. Metro saw the proposal as permitting a greater mix of uses in Tigard and supported such efforts; however, Metro had no guidelines for reviewing cities' Comprehensive Plan amendments. Mr. Mickealson said that only the Central-West CIT expressed concern about the proposal; they suggested that the applicant pursue a rezone via the quasi- judicial route first. The Planning Commission recommended denial by a vote of 5-2 at the June 17, 1996 hearing. He said that the planning staff recommended denial because the applicant has not met all the applicable review criteria nor has he made a convincing argument that the amendment was beneficial to the City. He pointed out that the applicant could apply for a rezone on the property and argue for interpretation of the policy in a flexible manner. Mr. Mickealson reviewed three examples of how the proposed amendment would affect different areas in the City. d. Public Testimony PROPONENT Mike Robinson, 900 SW Fifth Street, Suite 2300, Portland, represented the applicant. He stated that he disagreed with Mr. Mickealson's assessment that the examples he showed would not be allowed under the current locational criteria. He argued what the "construing in a flexible manner" clause might allow them. He said that adopting this change would not mean that any given parcel could be rezoned more easily because the Council had to find that the four criteria have been met. = He contended that this change would make it easier for all parties to make the judgment call in those instances when a commercial site was surrounded on more than two sides by residential. Mr. Robinson pointed out that this was a legislative text amendment and did not apply to a particular parcel. He said that it was not unusual for a text amendment to apply citywide. He reiterated that the proposed language did not apply to new commercial areas, but only to existing commercial areas. Mr. Robinson stated that the Tigard Code already distinguished between single family and multifamily districts, citing the lack of a criterion requiring buffering from adjacent commercial areas for high density residential areas while such a criterion existed for low density residential areas. Mr. Robinson reviewed three reasons why the Council should approve the text amendment request. He said that the proposal was an improvement of the current policy giving the Council clear criteria to use in making judgment calls on residential surrounding commercial on more than two sides. Mr. Robinson said that the proposal did not really change the current policy because the Plan already allowed the Council to construe the policy in a flexible manner; he COUNCIL MEETING MINUTES - AUGUST 13 , 1996 - PAGE 13 • • contended that the current policy lacked clear criteria, that certain terms in the policy were ambiguous and that the language placing a greater burden of proof on a development with a greater impact was difficult and impractical. Mr. Robinson stated that this proposal would not make it easier to change the Comprehensive Plan map designation of a residential property to commercial but would make it easier to identify those instances when it would be in the public interest to have commercial surrounded on more than two sides by residential. Mr. Robinson stated that while the current language applied citywide and allowed any new commercial areas to use the "flexible manner" interpretation, this proposal left an airtight standard for the new commercial areas and provided strict criteria for the expansion of existing commercial areas. He asked that the Council approve the request. OPPONENTS Martha Bishop read her testimony opposing the text amendment to the Comprehensive Plan. She said that the applicant could achieve his plans through the quasi-judicial process without changing the current requirements for single family zoning citywide. She noted the existing conditions near Watkins and Grant Streets at 110th, and spoke against the encroachment of commercial on established neighborhood residential areas on minor collectors. She said that safety for homeowners and the children should be the top priority. She noted the exact location of the commercial area on Hwy 99W near Watkins. She mentioned that CG and commercial could not be placed on a minor roadway. • Duane Myer, 13210 SW Watkins, read his testimony opposing this proposal. He mentioned that the Planning Commission has already studied the many factors involved in this application and recommended denial. He asked that the Council deny the proposed change and suggested that the property owner settle his request without affecting the whole City of Tigard. Tammy Gustin, 10670 SW Dairy Dell Court, representing herself and her husband, stated that approving this amendment without knowing the impact of it on each residential neighborhood in the City was unjust. She spoke for the Planning Commission evaluating the affected properties on an individual basis in order to analyze fairly the impact on each neighborhood. She noted the detrimental effects on safety in her area caused by the increased commercial traffic using Hollywood Video; people have discovered that Watkins was a cut-through to Hwy 99W. She said that residents could no longer safely walk on their street nor allow their children to use the bike paths; motorists drove on the pathway to avoid the speed hump. Mrs. Gustin said that residents were not happy that this proposal could potentially affect so many properties. She reiterated the dangerous traffic situation caused by cut through traffic. She suggested that AKA Business Services pursue his concern on an individual basis and leave the rest of the City out of it. COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 14 • • • Mr. Hendryx distributed a letter submitted by Mr. Kleinman. Jeff Kleinman, 1207 SW Sixth Ave, Portland, an attorney representing Northwest Retail Services, said that this letter was a revision of his fax earlier today, in which some material was deleted. Mr. Kleinman spoke in support of the staff and Planning Commission's recommendations to deny this proposal. He said that while Mr. Robinson has attempted to address the problems, he concurred with previous testimony that the application did have a citywide impact and that it was a matter of grave concern to make the change without analyzing each of the other sites that might be affected. He agreed that the AKA Business Services property did have a problem but argued that a citywide amendment was not the way to deal with it. Mr. Kleinman said that the proposed amendment had an inherent impact in addressing the statewide and city planning goals by making it easier to site commercial where multifamily currently existed. He said that the impact on the City's inventory of residential properties was a grave concern. He stated that the Code did not say that multifamily residential was entitled to less protection than single family from intrusion by commercial. Mr. Kleinman said that the impact of the proposed amendment included some potential domino effects. He pointed out that while the amendment did distinguish between new and existing commercial areas, it did not take into account that once a commercial area received its designation, it became existing commercial and the proposed amendment would apply. He noted that once one site in the City qualified under the four criteria, precedent was set and people would use the argument of precedence to get the same benefit for their property. Mr. Kleinman stated that they did not find that the four criteria listed provided adequate protection at the next level of quasi judicial amendments. He contended that the criteria were vague and unclear and called for subjective judgments. He said that it would be challenging to apply the criteria in a consistent manner on a case by case basis. He stated that the proposal only resolved a problem for this applicant on this one site while it created a possible multiplicity of future problems. Mr. Kleinman said that they did not find that the proposal resolved any problem with the locational criteria as presently written because nothing in the proposal removed the "flexible manner" provision. Mr. Kleinman categorized the applicant's arguments as "the proposed amendment is harmless because..." He concurred with staff that there has been no demonstration that the proposed amendment was either needed by the City or beneficial to the City as a whole. He said that they did not oppose a later site specific application but held that this was legislative change did not have a sound basis. e. Public hearing was closed. COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 15 • • f. Council Consideration: Councilor Rohlf said that he liked the idea of tight standard to justify Code decisions, commenting that it was difficult to justify some of the decisions based on the ambiguous charts in the Code. He said that while clarity for the developer from the City would be an improvement, he did not see any reason to change the status quo. He said that he agreed with some of Mr. Kleinman's comments that the applicant's arguments were that the proposal did no harm because the Code already allowed flexibility. He said that, considering the opposition from citizens, he leaned toward the position that there was no need for change. Councilor Moore said that he saw this proposal as leaving things too open. He agreed that the criteria was vague and open to subjective judgments. He said that he upheld the staff recommendation. Councilor Scheckla concurred with Councilor Moore. He cited the work of the Planning Commission and the lack of a benefit to the City as a whole. Councilor Rohlf commented that he supported the staff report to the extent that the staff focused on protecting the livability of multifamily areas. He spoke to creating quality multifamily residential areas for those who couldn't afford houses. Council President Hunt said that he had no additional comments to make. He stated that he did not favor changing the policy. Motion by Councilor Moore, seconded by Councilor Rohlf, to deny the proposal and direct staff to return with final order for adoption by Council. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") Councilor Rohlf referred to the cut-through problem on Watkins and asked that staff do traffic studies on Watkins or research current studies to determine if action could be taken to retain the livability of the residential neighborhood. Mr. Monahan said that staff would look into the situation. > Council President Hunt recessed the meeting at 9:50 for a break. > Council President Hunt reconvened the meeting at 10:02. 9. CONSIDER FINAL ORDER - (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96-0003/PLANNED DEVELOPMENT (PD) 96-0002 - SATTLER SITE a. Staff Report Mr. Hendryx stated that staff has returned with the final order per Council direction at the July 23 meeting to approve the zone change. He recommended that the Council approve the ordinance. COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 16 1 • • Councilor Scheckla said that he would abstain from voting as he was related to the property owners. b. Council Consideration: Ordinance No. 96-32 The City Recorder read the number and title of Ordinance No. 96-32. ORDINANCE NO. 96-32, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A TIGARD COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY MATRIX DEVELOPMENT COMPANY CPA 96-0004/ZON 96-0003/PD 96-0002. Motion by Councilor Rohif, seconded by Councilor Moore, to adopt Ordinance No. 96-32. Motion was approved by unanimous roll call vote of Council present. (Council President Hunt, Councilors Moore, and Rohif voted "yes"; Councilor Scheckla abstained.) 10. CONSIDER FINAL ORDER - (LEGISLATIVE) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0001 BLEDSOE a. Staff Report Mr. Hendryx stated that staff has returned with the final order per Council direction at the July 23 meeting to deny the Comprehensive Plan Text Amendment to add a new policy addressing assignment of zoning in low residential areas. He recommended that Council approve the resolution. b. Council Consideration: Resolution No. 96-46 The City Recorder read the number and title of Resolution No. 96-46. RESOLUTION NO. 96-46, A RESOLUTION BY THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT CPA 96- 0001, REQUESTED BY BOB BLEDSOE. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to adopt Resolution No. 96-46. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohif and Scheckla voted "yes.") 11. CONSIDER RESOLUTION DESIGNATING THE FUTURE EXPENDITURE OF THE PROCEEDS FROM THE SALE OF THE PROPERTY AT 12420 SW MAIN STREET, TIGARD, OREGON a. Staff Report • COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 17 • • Wayne Lowry, Finance Director, presented the staff report. He explained that the Council moved the $92,000 received from the sale of the old City Hall building in December 1994 from the General Fund to the Facilities Fund. He said that though it was stipulated through the budget process that those funds would be used to partially fund the police expansion, the 1994 Council had wanted a future Council to have the opportunity to make a formal decision regarding the use of these proceeds. He stated that the resolution was in accordance with the Budget Committee's direction to use the proceeds for the police expansion. b. Council Consideration: Resolution No. 9646 Motion by Councilor Moore, seconded by Councilor Rohlf, to adopt Resolution No. 96-46. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") 12. NON AGENDA ITEMS > Local Contract Review Board: Cook Park gray water line bid Mr. Monahan reviewed the bid for the Cook Park gray water line, Phase 2, a project in conjunction with USA to use recycled waste water to irrigate Cook Park. He pointed out that the Tualatin Country Club has approved their portion of the project. He explained that due to an error in the calculations by the contractor, Tigard's contribution was reduced from $88,971 to between $70,000 to $75,000. He stated that although the City of Tualatin has decided not to participate, it would not affect Tigard's contribution amount. He confirmed for Councilor Scheckla that the Tualatin Golf Club was another participant who would share in the costs. Councilor Rohlf asked if there were any estimates on the annual savings the City would net. Mr. Monahan said that, although at budget time they had had an estimate of $7,000 a year in savings, the revised master plan for Cook Park increased the usage and the estimate was no longer accurate. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to recommend approval of the bid. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") > A Resolution honoring Randy Volk Mr. Monahan mentioned Randy Volk's long time service as an employee of the Tigard Water District and the City of Tigard. He said that the resolution was to acknowledge his valuable service and his willingness to go the extra mile. The City Recorder read the number and title of Resolution No. 96-48. COUNCIL MEETING MINUTES -AUGUST 13, 1996 - PAGE 18 • • RESOLUTION NO. 96-48, A RESOLUTION OF THE TIGARD CITY COUNCIL HONORING RANDY VOLK FOR HIS YEARS OF SERVICE TO THE TIGARD WATER DISTRICT AND THE CITY OF TIGARD. Motion by Councilor Schecida, seconded by Councilor Rohlf, to adopt Resolution • No. 96-48. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") 13. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 14. ADJOURNMENT: 10:10 p.m. cczu, w CatherineWheatley City Recorder Attest: yor, City of T' and Date: q//U1 Q(J f:\recorder\ccmlccm0813.96 COUNCIL MEETING MINUTES - AUGUST 13, 1996 - PAGE 19 • lltenda Item No. -3'1' TIGARD CITY COUNCIL - Meeting of d/ / k (Q MEETING MINUTES - JULY 23, 1996 > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli • Council Present: Mayor Jim Nicoli, Councilors Paul Hunt and Brian Moore. > Staff Present: City Administrator Bill Monahan; Legal Counsel Pam Beery; Legal Counsel Garry Bullard (Executive Session only); Planning Manager Dick Bewersdorff; Legal Counsel Robert Franz; Asst. to the City Administrator Liz Newton; Associate Planner Ray Valone; City Recorder Catherine Wheatley; Human Resources Director Sandy Zodrow. > Executive Session: The Tigard City Council went into Executive Session at 6:32 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 7:36 p.m. • Agenda Review 1. BUSINESS MEETING • Call to Order- City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:40 p.m. • Council Present: Mayor Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf and Ken Scheckla. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA Jack Polans, 16000 SW Queen Victoria Place, King City, cited an Oregonian article (July 22, 1996) which reported on Tigard's efforts to find water partners. He asked if the future possible intergovernmental water agreement between Tigard and Tualatin Valley Water District would usurp the present agreement between the City of Tigard, the City of Durham, the City of King City, and the unincorporated areas. He also asked if the future water director would be voted upon if the possible agreement with the Tualatin Valley Water District went through. Mayor Nicoll said that any contracts which the City of Tigard has already signed with any other water providers were a matter of public record. However no one in the City could comment on any contracts currently under negotiation. He said that he did not think any of the negotiations would be detrimental to the partnership between Tigard, King City, Durham and the Tigard Water District. He said that the • TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 1 • City was not closing the door to any water source at this time, including Lake Oswego. City Administrator Monahan stated that Tigard has kept the Intergovernmental Water Board apprised of its efforts and/or potential contracts to secure water from any of the providers in the region. He said that they were still waiting for the contract on the new rates from Lake Oswego. 3. CONSENT AGENDA Mr. Monahan asked to pull Item 3.4 for future consideration because of questions on the calculation of the cost. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt the Consent Agenda, pulling Item 3.4. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve City Council Minutes: June 18 and 25, 1996 3.2 Approve Municipal Court Judge's Contract- Resolution No. 96-44 3.3 Approve Intergovernmental Agreement Between the City of Tigard and the Tigard/Tualatin School District - Resolution No. 96-45 3.4 Accept Transfer of Jurisdiction a Portion of Durham Road from the Oregon Department of Transportation 3.5 Approve Acquisition of Property on Walnut Street at Tiedeman 3.6 Local Contract Review Board: Award Contract for Architectural Services for the City Hall Expansion to Hanson, Dunahugh, Nicolson Architects PC, Portland, Oregon • Consent Agenda - Items Removed for Separate Discussion 4. CONSIDER ORDINANCE AMENDING CHAPTER 18.164 OF THE TIGARD MUNICIPAL CODE AUTHORIZING EXCEPTIONS TO UNDERGROUNDING UTILITY REQUIREMENTS Mr. Monahan presented the staff report. He reviewed the Council direction to staff to bring back an ordinance that allowed the funds set aside by developers for undergrounding utilities to be placed into a single account. He explained that currently the monies were held in separate accounts with the intent of spending the money in the areas in which the funds were collected; however that process has not worked well because they could not get enough funds in any one account to pay for undergrounding utilities in a given area Mr. Monahan stated that the ordinance provided for the Council to review on an annual basis the funds available and proposed projects in order to determine where the money could be allocated for the benefit of the community. In response to a question by Councilor Rohlf, Legal Counsel Pam Beery stated that the Council was free to combine the funds. TIGARD CITY COUNCIL MEETING MINUTES -JULY 23, 1996 - PAGE 2 • • Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Ordinance No. 96-27. The City Recorder read the number and title of the Ordinance. ORDINANCE NO. 96-27, AN ORDINANCE AMENDING CHAPTER 18.164 OF THE TIGARD MUNICIPAL CODE AUTHORIZING EXCEPTIONS TO UNDERGROUNDING UTILITY REQUIREMENT Motion was approved by roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Rohif and Scheckla voted "yes"; Councilor Moore abstained.) 5. PUBLIC HEARING (QUASI-JUDICIAL) COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96-003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density ResidentiaVR-12 to Medium Density ResidentiaVR-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density ResidentiaVR-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, , 6.1.6, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R- 4.5 (Single-Family Residential) allows single-family detached units, manufactured • homes, farming, family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multiple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges Councilor Scheckla declared that he would remove himself from this hearing because he was related to the property owners. He stepped down from the bench. There were no other declarations or challenges. c. Staff Report Ray Valone, Associate Planner, presented the staff report. He stated that the 27.5 acre site was annexed to the City in 1982 and designated as urban low density. He reviewed the two different zoning classifications on the site. He said that there were no objections from City departments or the Oregon TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 3 • • Department of Transportation. He did note, however, receipt of a letter from the Summerfield Civic Association expressing concerns over increased density and two-story houses; the Association intended to work with the developer to address their concerns. He mentioned a letter in support of the project received from Mallard Lake Homeowners Association and a letter from the Hamlet Street residents requesting that the western perimeter remain at R-4.5 with an easement to buffer their properties. Mr. Valone stated that staff found that the proposal met all the applicable Comprehensive Plan and Development Code review criteria. The applicant has made a case for a physical change in circumstances concerning the transportation system that served the site (pages 3-4 in the staff report). He said that staff believed a "mistake"was made in rezoning the land from R-5 to R-12. Mr. Valone said that the proposal also met the rest of the review criteria. ODOT found that this proposal would not significantly impact Hall Blvd, and the City Engineering Department found that it would not significantly impact the local road system either. He noted that the Planning Commission recommended approval. In response to a question from Councilor Hunt, Mr. Valone concurred that the net effect of this proposal on the site density was nearly zero. Under the two current zones, the density was 190 houses; by changing the density to the same zone for the entire site, the density would be 191 houses. Councilor Hunt asked Ms. Beery if he had a conflict of interest because he was part of the Summerfield Civic Association. Ms. Beery said that she thought that it was up to the Councilor's discretion. In response to a comment from Mayor Nicoli, Mr. Monahan explained that the "mistake" in changing the zone from R-5 to R-12 was not so much a "mistake" as it was a result of the legislative zoning changes done as part of the Comprehensive Plan and Zoning maps developed in 1982/83. d. Public Testimony Mayor Nicoli explained the public testimony procedures. PROPONENTS Larry York, Matrix Development, stated that their intent was to build single-family detached homes on this site. He cited Matrix's experience in building communities throughout the Portland Metro area, noting in particular their care to be sensitive to the existing community. He said that Matrix had no interest in an R-12 zone. Chris Eaton, W & H Pacific, 8405 SW Nimbus Ave, Beaverton, the applicant's consultant, stated that they concurred with the recommendations of staff and the Planning Commission. She reviewed the proposal to even out the zoning across the entire site to R-7, pointing out that there was no net increase in the density. TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 4 . • • She stated that the Planning Commission recommended approval of the request for a planned development overlay. Ms. Eaton responded to the letter from the Hamlet Street residents. She explained the Tigard Code requirement of a "density transition zone" between R-7 development adjacent to R-4.5 development which included a 100 foot buffer strip. She noted the Mallard Lake Homeowners Association's support of the proposal. OPPONENTS Jack Polans, 16000 SW Queen Victoria Place, King City, stated that he was neither for nor against the proposal. He asked a series of questions: Would the City go along with the plan as staff has shown it to him; Has the City done a report on its local job market opportunities concerning the site (page 9); What was the lowest price of housing to buy or rent (page 9, Figures A & B). Mr. Polans said that he has perceived a trend in Tigard in the last several years to attract affluent people rather than non-affluent people. He asked if there was a report that broke down the City's population by economic class. Grace Hamlin, 15360 SW Alderbrook Circle, expressed concern about the traffic that would be coming through Summerfield because of the new development. Martha Hemmelright, 8855 SW Hamlet, asked for clarification on the practical application of the "density transfer zone" and for an explanation of what was allowed in the R-7 zone. REBUTTAL Chris Eaton, W & H Pacific, stated that the buffer zone meant that the lot sizes along the areas adjacent to the R-4.5 zone within 100 feet would be slightly larger and that the housing size.and height would remain the same in that zone as in the R-4.5 zone. Ms. Eaton noted that any development would increase traffic but pointed out that this development had clear access from Sather down Hall and shouldn't move through Summerfield. She stated that traffic studies and counts would be done and that any traffic impact would be mitigated through the development process. She pointed out that the site plans and street layout have not been completed and mentioned that the direction from the City involved connecting some streets through the development because of the Transportation Goal requirements for connectivity. Ms. Eaton said that the exact costs of the units has not yet been determined but that the developer planned on moderate-cost, detached single-family homes. Ms. Eaton concurred with the City Administrator that the dates of the annexation proposal and the City rezoning were very close and might explain what happened, although there was no evidence in the record to explain why the decision was made. TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 5 • • " Mr. Valone reviewed the description of the R-7 zone: a single-family residential zone of 7 units per acre or 5,000 square foot minimum lot size. Dick Bewersdorff, Planning Manager, commented that one difference between the R-7 and R-4.5 • zones was that attached units and duplex units were outright uses in R-7 but conditional uses in R-4.5. Mr. Monahan reviewed the circumstances in 1981-1983 that might have lead to a zone change without any evidence in the record. He pointed out that the Comprehensive Plan analysis of the entire city was a legislative look at the community. He also noted that the effort at that time to identify properties to meet the Metro Housing Rule of 10 units per acre wasn't concluded until close to the end of the process. Mr. Monahan corrected a statement on Figure C (page 21) that none of the upzoned properties were developed, citing the Timberline Apartments developed in 1989 as a result of upzoned property. In response to a request from Councilor Hunt, Mr. Bewersdorff reviewed the City planning and development review process. He said that the applicant would meet with the neighborhood prior to submitting an application to the City, and that the Planning Commission would hold a hearing to consider the site plan, layout, traffic impacts, etc. Mr. Polans contended that none of his questions have been answered. He stated that he opposed the proposal and suggested a continuance. e. Staff Recommendation Mr. Valone recommended approval of the proposal based on the criteria. f. Council Questions: None g. Mayor Nicoli closed the public hearing. • h. Council Consideration Mr. Monahan reviewed the Council's alternatives: to direct staff to bring back an ordinance and final order approving the change or to direct staff to bring back a resolution denying the change. Motion by Councilor Hunt, seconded by Councilor Rohlf, to direct staff to return with an ordinance and final order for adoption by the Council. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Rohlf voted "yes.") Councilor Hunt noted that Mr. Valone was leaving the City to work at Metro. He expressed appreciation for Mr. Valone's work and thanked him. TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 6 • • Councilor Scheckla returned to the bench. 6. PUBLIC HEARING (LEGISLATIVE) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0001 BLEDSOE REQUEST: Amend the text of the Urbanization section of the Comprehensive Plan by adding a new policy as follows: 10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planing Goals 1, 2, 10 and 14; Tigard Comprehensive Plan policies 1.1.1, 2.1.1 and 6.1.1; Tigard Community Development Code chapter 18.30; and Oregon Administrative Rule Chapter 660, Division 12:-ZONE: N/A a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges: None c. Staff Report Mr. Valone presented the staff report. He stated that the amendment request would apply to properties within the urban planning area being annexed to the City. He said that the current City policy was to assign zoning to newly annexed properties that most closely matched the County zoning; it was part of the urban planning agreement with Washington County. Mr. Valone reviewed the background of Mr. Bledsoe's request, noting that the West and Central CITs presented the request to Council on September 12, 1995. He said that Council agreed to waive the Comprehensive Plan amendment fee and include concerns about zoning in the next IGA review. He stated that Mr. Bledsoe submitted this amendment in a timely fashion, and provided a rebuttal to the staff report. Mr. Valone stated that all appropriate departments or entities were notified. He said that Metro responded that the proposal was not consistent with the direction of 2040 and would substantially reduce residential areas within the incorporated areas. Washington County staff expressed concerns on its impact on the Metro Housing Rule (page 6), its effect on infill development, its possible contradiction to regional planning and increased densities, and its effect on Tigard's ability to accommodate its share of growth. He said that the Central and West CITs supported the proposal, the South CIT supported lower densities in general, and the East CIT had no comment. Mr. Valone stated that staff found that this proposal did not meet all the relevant criteria, including Goal 2, Goal 10 and Comprehensive Plan Policy 1.1.1. He said that staff could not make a finding that Comprehensive Plan Policy 6.1.1 was satisfied; although the amendment would not cause the City to drop out of compliance with the Metro Housing Rule, it would increase the possibility of reducing residential density with resulting loss of incremental housing opportunities. TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 7 • • . • Mr. Valone noted other staff concerns regarding how the proposal would be implemented (pages 7, 8), the fairness to property owners and the effect of the proposal on current region-wide planning efforts. He said that the Planning Commission recommended denial (8-0). d. Public Testimony PROPONENTS Bob Bledsoe, 11800 SW Walnut, applicant, presented signatures of people in the Walnut Island who supported the measure. He reviewed the Metro map of redevelopable lands, pointing out that there were few redevelopable lands in the areas that the City would be annexing in the future. Mr. Bledsoe stated that one of the tools that local government used to maintain high quality neighborhoods was zoning that closely matched the density of the neighborhoods. He contended that his proposal would not hurt the City in any way. Mr. Bledsoe noted the current City policy regarding the zoning of newly annexed land. He said that prior to policy 10.1.3, (12 years ago) the City did not assign zoning until a month or two after annexation, and that the zoning was assigned per the request of the property owner. He cited City Council minutes from 1969 and 1979 in support of his claim. Mr. Bledsoe said that zoning for buildable land was different from zoning for established neighborhoods. Closely matching the zoning of annexed lands to the zoning of the adjacent neighborhood helped preserve the quality of the neighborhoods; residents expected that the quality would be maintained. Mr. Bledsoe noted definitions in the Comprehensive Plan for "established area" and "developing area." He said that the great majority of buildable land in Tigard was in the developing areas with very little in the established areas. Mr. Bledsoe reviewed on a map the locations of buildable and not buildable land in Tigard and their proximity or distance from established neighborhoods. He said that his proposal only affected established neighborhoods. It would have no effect on Tigard's compliance with the Metro housing rule because the housing rule was calculated on buildable land only. He said that the Council could adopt a criteria limiting such zoning to requests for an occasional lot classified as buildable. Mr. Bledsoe argued that Council should adopt his proposal because it would give greater flexibility to Council to preserve the diversity of housing in Tigard and maintain the high quality of established neighborhoods. He said that this amendment would enable the Council to better serve the future citizens of Tigard with little or no cost to the rest of the city. Councilor Moore asked if Mr. Bledsoe was asking that the property owner who annexed into the city be allowed to set the zoning for his property. Mr. Bledsoe said that he meant property owners should have the option to request the same TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 8 • . • zoning that already existed on their street. He reiterated that the City would not face any loss of housing because the houses were already built; staffs concerns applied only to buildable lands and his proposal was only for established neighborhoods. Mayor Nicoli cited an example on James Road where large lots currently exist. Mr. Bledsoe commented that the neighborhood itself in that area was R-3.5 and that that was the zone that should apply. Mayor Nicoli said that while he agreed'with what Mr. Bledsoe was trying to do in maintaining established neighborhoods, he saw a difference in the way Mr. Bledsoe was understanding the process and the way he understood the process. He said that he saw any piece of land that could support another housing unit as open to this process, regardless of whether or not it was developable land. He commented that all over Tigard new homes were going up in established neighborhoods on the larger lots. He said that he understood Mr. Bledsoe to be asking them to stop that process which appeared to be opposite to the direction of Metro's regional planning effort. Mr. Bledsoe contended that there was a difference in philosophy between the _ actual documents and what staff expressed in meetings. He said that the documents stated that the Metro Housing Rule applied only to buildable land and that the computations were based solely on buildable land. Mayor Nicoli stated that the issue Mr. Bledsoe has raised has already been brought up in the 2040 process and was a policy question Council was going through now: what to do with the established neighborhoods in terms of meeting Metro's housing goals? Mayor Nicoli asked Mr. Bledsoe why he thought it was important to do this. The Mayor said he perceived a fear that the Council was going to change the zoning o- and allow the deterioration of an existing neighborhood through additional housing -, units. He added that he could not think of one example where Council, even though the Comprehensive Plan would allow it, had done this. He said that he thought the Council would face stiff opposition from the residents if they tried to do so. Mr. Bledsoe said that his proposal would give better protection for the neighborhoods by zoning them closer to what they actually were. He noted the push in Metro was for more houses while the expectation of residents was that their neighborhoods would stay the same. He said that matching the zoning would preserve that expectation. Councilor Rohlf asked if it was fair to prevent a property owner from redeveloping • his property as he wished. Mr. Bledsoe noted that it was an issue of the rights of the individual land owner versus the rights of the local community or neighborhood. He said that in some areas redevelopment would work but that in other areas, it would be destructive. • • TIGARD CITY COUNCIL MEETING MINUTES -JULY 23, 1996 - PAGE 9 • • _. In response to a comment from Mayor Nicoli, Mr. Bledsoe said that the concern was not that the Council would destabilize a neighborhood intentionally but that the Comprehensive Plan allowed for it. He contended that the City might not be able to prohibit a request that was detrimental to a neighborhood because the criteria allowed the request. e. Staff Recommendation Mr. Valone recommended that the Council deny the proposal based on the staff finding that it did not meet the criteria and that it was not beneficial to the city as a whole. f. Council Questions Councilor Scheckla asked if there was a way to use any part of what Mr. Bledsoe proposed. Mr. Valone said that he has spoken frequently to Mr. Bledsoe about this proposal. He stated that he stood by his comments in the staff report. He said that he thought this proposal would be a nightmare to implement because it was arbitrary and did not address many questions. He also questioned what purpose the proposal would serve as property owners had the right to develop their land as they chose and request a downzone. He stated that he was not sure this proposal would fix anything and that it would be a complex law. In response to a question from Councilor Scheckla, Ms. Beery said that she concurred with staffs analysis. She said that the only legal constraint right now was the agreement with Washington County which would require amendment should this be adopted. g. Mayor Nicoli closed the public hearing. h. Council Consideration Councilor Rohlf commented that he saw a concern from the residents in Walnut Island whose land would soon be annexed and who wanted to protect their neighborhoods from the kind of development that they observed in Tigard. He said that he thought the amendment was relatively innocuous because it gave the Council an option in making the decision; however, it seemed fatally flawed for enforcement and interpretation. He said that he would send it back for reworking with respect to the definitions so that it would be enforceable, if they chose to move forward with it. Councilor Moore stated that he concurred with staff. He said that he saw this as setting up zoning for one group of people. Councilor Hunt said that he also supported staff. He said that after reading the staff report, he thought that any annexation could become controversial based on the zoning. TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 10 1111 • Councilor Scheckla said that while he thought Mr. Bledsoe had brought up a good point, he feared it might trigger a domino effect if used throughout the whole city. He said that he could go either way but would probably vote to deny the amendment. Mayor Nicoli said that while he agreed with what Mr. Bledsoe was trying to do, he perceived a problem with how Mr. Bledsoe was trying to do it. He reiterated that he was not aware of any developed area in which the City has destroyed its integrity as a neighborhood. He said that if he saw such an indication, he would probably vote differently but that he did not and. therefore, he could not support the amendment. He said that he supported Mr. Bledsoe's concern to protect the neighborhoods and that he thought it was shared by the Council and the Planning Commission. Councilor Rohlf commented that developing areas like Walnut Island in a piece meal fashion led to an unattractive hodgepodge that led to further problems, especially with the transportation network (which was best viewed on a global scale). Motion by Councilor Hunt, seconded by Councilor Moore, to direct staff to come back with a resolution denying the application. Motion was approved by majority voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes"; Councilor Rohlf abstained.) Mayor Nicoli recessed the meeting for a 10 minute break. Mayor Nicoli reconvened the meeting. 7. NON AGENDA ITEMS > ORDINANCE CONSIDERATION AMENDING THE TIGARD MUNICIPAL CODE REGARDING PAYMENT OF A LOCAL IMPROVEMENT DISTRICT ASSESSMENT IN INSTALLMENTS - ORDINANCE NO. 96-26 Mr. Monahan presented the staff report. Mayor Nicoli stated that if the underlying verbal understanding that the City had with the participants in the Dartmouth LID negotiations was not followed through, he would recall the ordinance and vote to reverse it. He said that right now he thought that this was the best chance to resolve the problems in the Triangle. Councilor Hunt explained that he opposed the ordinance for reasons of consistency. He pointed out that they denied the previous agenda item because it was treating one group of people differently than the rest; this ordinance was written specifically for Mr. Martin and was treating him differently than anyone else. He commented that Mr. Martin has used the farm deferral for his personal benefit to TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 11 • • lower his taxes and that he could not support letting him go the other way because it was now to his advantage to do so. Councilor Rohlf said that he did not have a problem with Mr. Martin using a farm deferral or asking Council to make this change because he had a legal right to do so. He said that his concern was the amount of litigation on this Dartmouth LID at the behest of a couple of the participants to the detriment of everyone, and the possibility of the City giving up a bargaining chip. He said that he would change his vote on the issue because of the oral commitments made by the City representatives on the Council's behalf. He stated that whether or not those comments were misguided, they were made and the City had to live up to its word. Councilor Moore asked if this proposal would benefit any properties in the future. Mr. Monahan said that it would be possible and referred to the Sather property which is in farm deferral and, potentially, could also benefit if an LID were formed in that area. The Council discussed the length of time needed by staff to resolve the issues prior to this ordinance taking effect. Ms. Beery pointed out that the ordinance as currently drafted included an emergency clause that could be deleted as part of the Council's action. Mayor Nicoli suggested that an effective date should be placed in the ordinance. Ms. Beery concurred, stating that that would be more workable from an administrative standpoint. Councilor Moore asked if Section 3 helped to speed up the process. Ms. Beery said that that was the intent and that it provided the Finance Director with the authority to accept an application sooner. Mr. Monahan commented that Section 3 wasn't necessary at this point because staff couldn't do a new assessment prior to the expiration of the 30 days anyway; he recommended deleting Section 3. Motion by Councilor Moore, seconded by Mayor Nicoll, to approve Ordinance 96-26 with the deletion of Section 3. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 96-26, AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 13.04 REGARDING PAYMENT OF A LOCAL IMPROVEMENT DISTRICT ASSESSMENT IN INSTALLMENTS Motion was approved by a majority roll call vote of Council present. (Mayor Nicoli, Councilors Moore and Rohlf voted "yes"; Councilors Hunt and Scheckla voted "no.") Mayor Nicoli moved the meeting into a study session format at 9:55 p.m. 8. STUDY SESSION > City Space Needs Mr. Monahan presented an update on the Amber Foods property. He said that the purchaser understood that the City was not ready at this time to be a tenant; also TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 12 • • the purchaser no longer believed that he could get a buyout clause favorable to the City. He stated that the City still had the option to purchase the building. Liz Newton, Assistant to the City Administrator, presented the staff report. She noted the parking problem that would occur if the library stayed on site; Tigard Christian Church across the street was willing to allow City employees to park in their lot during the day. Ms. Newton reviewed the square footage of the existing facilities by department. She noted what building portions were not included in the square footage calculations. She pointed out on a map the location of different facilities, noting which properties the city owned or didn't own. Ms. Newton reviewed the 20 year space needs by department. In response to a question from Councilor Hunt, Mr. Monahan noted that the Canterbury site was not included because, according to Ms. Newton's calculations, they did not need it; however it could be used for limited office space. Ms. Newton explained the situation with the Precision Graphics building. Since the fire, the owner, Mrs. Schramm, has expressed interest in talking with the City about purchasing the building, either as is or after she renovated it. Ms. Newton presented a proposal she developed to address the long term 20 year space needs, the interim space needs, and the immediate space needs. The proposal included: Purchase of the Precision Graphics building for Community Development and Engineering; Move the Engineering modular unit to Public Works for use as storage; Redo that location for parking for the police fleet; Move library staff into the part of City Hall vacated by Community Development; The library would use the freed up space in the library for children's' programs; Purchase the house on Ash Street with the WCCLS bond money (should it pass); Build a new library on the Public Works site and remove the TCYS building; Move the Finance Department from the Water Building to City Hall where the library staff had been; Move Public Works into the Water Building; Renovate the library for office space for Administration, including some community meeting rooms; Move the people from the Niche and City Hall into the new office space; Expand police into the vacated portion of City Hall; Make the Niche a community center or parking lot. Mr. Monahan commented that right now the City could only get the Amber Foods property by buying it outright and they didn't have the money to do that right now; however they did have the money to buy the Precision Graphics building. TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 13 • S Ms. Newton stated that staff felt that the Precision Graphic building property could accommodate the needed parking. She noted that the building could be renovated to two stories. Councilor Hunt suggested moving one or more of the Public Works buildings to the Canterbury site. Mr. Monahan noted that the Canterbury site was zoned residential. He said that he thought that the neighbors would oppose any use other than limited office. Ms. Newton commented that if the City purchased the house on Ash and used the Interfaith Outreach Services site to build the library, they would meet the landscaping requirements and provide 179 parking spaces for the library. She said that Ms. Davis (Library Director) thought that the site had potential for a new library. Councilor Hunt commented that the City could vacate much of Ash Street, since it existed only on paper, and get more land there. Ms. Newton commented that the parking at the proposed library site could also be used by users of Fanno Creek, if the City fixed that area up according to the Fanno Creek Park plan. Ms. Newton reported Mr. Wegner's comments regarding using the Water Building for Public Works: he would like to continue to use the Canterbury site for storage of gravel and other heavy items because it was more centrally located, and they would probably not be able to park all employees cars behind the wall and would need some of the front 64 parking spaces for employees. In response to a question from Councilor Hunt, Ms. Newton stated that the calculations did include storage space. Mayor Nicoli stated that he was more concerned about the additional square footage needed then in how the buildings would be used. He noted that the Precision Graphics building could be easily converted into office space. He asked if they could purchase the building over time. Mr. Monahan said that staff was looking for answers to similar questions. He commented that a payment over time might be beneficial to Mrs. Schramm as it would be similar to the monthly rent she has been receiving. He spoke for the proposal, pointing out how it addressed immediate and long term needs, even without knowing if or when the library levy would happen. He said that while he liked the Amber Food property, he didn't like the idea of children walking across the street from the parking lot. Councilor Hunt commented that he had opposed expanding the library because the parking problems would simply increase in that event. He said that this proposal alleviated one of his greatest concerns. Councilor Moore asked how comfortable staff was with the 20 year projections. Mr. Monahan said that he was not comfortable with the Public Works projections TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 14 • • • because they didn't consider do Public Works in the analysis. Ms. Newton added that she also would need to analyze the police projections again. Mr. Monahan reviewed the financing situation. The Finance Director will need time to review. More information will needed from Mrs. Schramm; that is, does she want to proceed with a sale of the property? In addition Mr. Monahan indicated concerns about the WCCLS levy because it was now estimated at $37 million. An additional concern is the "cut and cap" measure on the November 5, 1996, ballot. In response to a comment from Councilor Hunt, Mr. Monahan clarified the issue with the $100,000 from the sale of the building on Main. He said that the record showed that they included it as part of the $300,000 for the police department expansion. Council needed either to allocate the funds to the police department expansion or the City must designate those funds from somewhere else. Mayor Nicoli suggested using the contingency fund for purchase of the Precision Graphics Building. He asked staff to talk with Mrs. Schramm about terms and obtain an evaluation of the building's worth. The Council discussed purchasing the Precision Graphics building. Councilor Hunt supported purchasing it prior to renovation. Mr. Monahan said that they would look at the Ash property also. He stated that he wanted the Executive staff to review Liz' proposal to make sure that there weren't any loose ends. He noted that it would have to go to the Water Board as well with this proposal. In response to a comment from Councilor Hunt, Mr. Monahan said that it would be good to get the Budget Committee involved as well. 9. ADJOURNMENT: 10:38 p.m. rt.€ � Attest: A Catherine Wheatley, City Recorder M- . , City of Tigard At/ 7 MI6) i:ladmlcc s1960723.doc TIGARD CITY COUNCIL MEETING MINUTES - JULY 23, 1996 - PAGE 15 C/PJ4 ct,-0L( • •• CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes June 17, 1996 1. CALL TO ORDER The meeting began at 7:00 with the first agenda item. President Wilson called the public hearing to order at 7:40 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Collson, Griffith, Holland, Padgett, and Scolar Commissioner DeFrang arrived after ethics training. Commissioners Absent: Commissioner Neff Staff Present: Bill Monahan, City Administrator; Dick Bewersdorff, Planning Manager; Ray Valone, Associate Planner; Jim Hendryx, Director of Community Development; Jerree Gaynor, Planning Commission Secretary 3. ETHICS TRAINING City Administrator Bill Monahan gave a presentation on City ethics. He provided the Commissioners with copies of the "Oregon Government Standards and Practices Laws Training for All City of Tigard Employees" (Exhibit "A"), "Chapter 244, 1995 Edition, Government Standards and Practices" (Exhibit "B"), and "Examples" (Exhibit"C"). At the end of the presentation, each Commissioner signed a document stating they had participated in the training and understand their responsibilities. 4. PLANNING COMMISSION COMMUNICATIONS Dick Bewersdorff advised the Commissioners of the next meeting date. The Planning Commission Secretary gave the Commissioners copies of the updated roster and copies of the revised Tigard Community Development Code. 5. PUBLIC HEARING 5.1 MINOR LAND PARTITION (MLP) 96-0009/ZONE CHANGE (ZON) 96-0004 GRECO PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 1 • . • A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single-family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. STAFF REPORT Planning Manager Dick Bewersdorff presented the staff report on behalf of the City. He advised that the property was newly annexed to the City. He said it was not assigned a zone at the time, because the annexation was handled directly by the Boundary Commission. Bewersdorff said that since the property is now requesting a land partition, it needs to be zoned. Bewersdorff advised that the zone has to be closest to what it was previously zoned in the County, which is an R-4.5. Bewersdorff said that the partition was to divide the property into 2 lots: 18,900 and 33,600 square feet. He said staff is recommending approval, subject to conditions in the staff report. APPLICANTS PRESENTATION The applicant did not give a presentation. Commissioner Holland asked the applicant if he agreed to the conditions of approval in the staff report. The applicant answered yes. PUBLIC TESTIMONY No one signed up to speak on this proposal. PUBLIC HEARING CLOSED Commissioner Holland moved to approve the zone change and the minor land partition, in accordance with the staffs conditions of approval. Commissioner Griffith seconded the motion. A voice vote was taken and the motion passed unanimously. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96-0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sather Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 2 • • from Medium Density Residential/R-12 to Medium Density ResidentiaVR-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sather Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multiple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. STAFF REPORT Associate Planner Ray Valone presented the staff report on behalf of the City. He said that, if this proposal is approved, the applicant intends to develop it in single family housing. He said the property consists of 27.52 acres and was annexed in 1982. He said it is designated urban low density. Valone stated that the eastern 9 acres were zoned R-5 at the time of annexation, which is comparable to our current R-7. He said the western portion was zoned R- 7 at the time of annexation, which is comparable to our current R-4.5. Valone said he has received no objections to the proposal from outside agencies. He referred to a letter from the Summerfield Association, which expresses their concerns for increased density on the western portion of the site and the possibility of 2-story houses. Valone said that staff finds that the proposal meets all applicable comprehensive plan and development code criteria. He said that a physical change in circumstances has occurred regarding transportation systems that serve the site. He said that a mistake was made by the City in changing the eastern portion of the site from R-5 to R-12. He said staff could find no record of the zone change. Valone stated that ODOT determined that his proposal would have no significant effect on Hall Blvd. He also said that the City's Engineering Department determined that it would not significantly affect the local road system. Valone said staff recommends that the Planning Commission forward a recommendation of approval to City Council. PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 3 S In response to a question from Commissioner Holland, Valone said that the adjacent Summerfield property was zoned R-7. Valone and Bewersdorff then elaborated on granting of PD overlays. Commissioner Griffith commented that, under this proposal, there is a potential for 191 dwellings, as opposed to 190 that is currently allowed. APPLICANTS PRESENTATION Frank Angelo, W&H Pacific, 8405 SW Nimbus Ave., Beaverton, OR 97008, briefed the Commission on the applicant's proposal. He said the applicant agrees with the staff recommendation. PUBLIC TESTIMONY-IN FAVOR Clayton Wilson, 9045 SW Westlund Ct., Tigard, OR 97224, expressed his concern about increased traffic in his neighborhood. He said he would like to see any road connections to SW Sattler Street be moved further east, so as not to align directly with SW 91st. President Wilson advised him that this was just a zone change application but the Planning Commission would have another opportunity to look at the development phase at a later date. Steve Smith, 14802 SW 91st, Tigard, OR 97224, asked staff if apartments or multi-family development was allowed in an R-7 zone. Staff responded that duplexes would be allowed, but not multi-family. Smith then said that the Mallard Lakes Homeowner's Association supports the application. PUBLIC TESTIMONY - IN OPPOSITION John Arrigoni, 8935 SW Hamlet, Tigard, OR 97224, said he was not necessarily in opposition to the proposal, but did not want to see 2-story houses next to his home. He said he would like to see the zone changed to be the same as the zoning on SW Hamlet. APPLICANT'S REBUTTAL Frank Angelo addressed the concerns of those who spoke. He said the development would have a required density transition zone on the south side of the property and along Sattler, between the property and Mallard Lakes Subdivision. He said that building height and road extension issues could be dealt with at site development review stage. PUBLIC HEARING CLOSED Commissioner Griffith asked staff if there would be a buffer area in addition to a density transition zone. Bewersdorff answered that there would only be the density transition zone, but that minimum setbacks would also apply. Commissioner Padgett said he agreed that a mistake was made on the eastern portion of the property. He also agreed that there has been a change in PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 4 • • circumstances, saying that if that land was unzoned today, the most logical zone to put on it would be R-7. Commissioner Holland said it makes sense, that if there is R-7 on either side, the property should also be R-7 also. Commissioner Griffith said he has some problems with the traffic, but they could be-discussed during the site development review. Commissioner Collson agreed with Commissioner Griffith. Commissioner Holland moved to approve Comprehensive Plan Amendment 96- 0004/Zone Change 96-0003/Planned Development 96-0002. Commissioner Padgett seconded the motion. A voice vote was taken and the motion passed unanimously. 5.3 COMPREHENSIVE PLAN AMENDMENT(CPA) 96-0001 BLEDSOE REQUEST: Amend the text of the Urbanization section of the Comprehensive Plan by adding a new policy as follows: 10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 10 and 14; Tigard Comprehensive Plan policies 1.1.1, 2.1.1 and 6.1.1; Tigard Community Development Code chapter 18.30 and; and Oregon Administrative Rule Chapter 660, Division 12. ZONE: N/A STAFF REPORT Associate Planner Ray Valone presented the staff report on behalf of the City. He advised that this was a text amendment to the Urbanization section of the Comp Plan by adding a new policy that states: "10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas". Valone said that the amendment would apply to properties in the Urban Planning Area. He said the City's current policy is to assign newly annexed property a zone that most closely matches the previous Washington County zone. He stated that this policy is included in the Comprehensive Plan, the Development Code, and the Urban Planning Area Agreement between the County and the City. Valone provided background on the proposal, saying that it was presented to the West and Central CITs in August, 1995. He said that both groups supported the applicant's request. He said that, in September, 1995, Bledsoe requested the City Council to formally ask the County to open the Urban Planning Area Agreement in order to amend the policy on zoning of annexed land. Valone PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 5 . • • stated that the Council granted a fee waiver and agreed to include Bledsoe's concerns during the next review of the UPAA. Valone said that requests for comments were sent to Washington County and Metro, that CIT mailing list members were notified, and that the proposal was presented to all CITs during their May meetings. He advised that Metro responded that the proposal is not consistent with the direction of 2040. He said Washington County was concerned about the impact on the Metropolitan Housing Rule and infill development. He said the Central.and West CITs support the proposal, the South CIT supports lower density in general, and the East CIT had no comment. Valone said staff finds that the proposal does not meet all relevant criteria and referred to other concerns listed on page 7 of the staff report. He said staff recommends the Planning Commission forward a recommendation of denial to City Council. Commissioner DeFrang asked how the County bases its zoning. Dick Bewersdorff answered that the County has a different set of zones for different lot sizes and densities. He said when annexing property, the City is required to pick a zone that is the most comparable. APPLICANTS PRESENTATION Bob Bledsoe, 11800 SW Walnut, Tigard, OR 97223, presented his proposal to the Commission. He said he did not believe the staff report was consistent with the adopted documents. Bledsoe said he sees Goal 2 as being aimed at the orderliness of Planning, that the State periodically reviews our plan to make sure the City keeps up with official changes. He said that Goal 2 was never intended to be used the way staff uses it. Bledsoe addressed Goal 10, saying that he focused on vacant lands, but allowed for the consideration of redevelopable lands. He said he wanted to protect established areas and the quality of neighborhoods. He showed the Commission a Metro map of redevelopable lands. Bledsoe said Tigard should protect its established areas, including areas not yet annexed. He believes that zoning changes should apply to whole neighborhoods, not just individual properties. He advised that main aspect his plan puts a hindrance on is infill development. Bledsoe stated that the City's requirement for 10 units per acre applies to buildable lands, not industrial, commercial, or existing residential areas. President Wilson asked Bledsoe how he would response to staffs concerns about defining the existing density of a neighborhood. Bledsoe answered that the City PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 6 • • can draw the boundaries. He said his argument is to give the City flexibility to preserve established areas. PUBLIC TESTIMONY No one signed up to speak in support or in opposition of this proposal. PUBLIC HEARING CLOSED Commissioner Griffith asked if Tigard's area of interest was within the Urban Growth Boundary. Ray Valone answered that it was within the UGB. Griffith asked if there was a farm or forest zone in this area. Valone answered no. President Wilson said he sees County zones as really meaningless unless it's annexed. He believes the real motivation behind this comprehensive plan amendment is "no development in my backyard". Commissioner Holland said he thought the proposal was too confusing, that he liked the Comprehensive Plan as it is now, with individual zone changes. President Wilson asked about annexation procedures. Ray Valone answered that there is a method for City-initiated annexations (the island method), but it has to be approved by the Boundary Commission. Commissioner Collson commented that this way of annexing is not being used by the City at the present time. Commissioner Anderson said she agreed with the staff report, that this amendment is not necessary. Commissioner Padgett moved to recommend denial of CPA 96-0001, based on findings in the staff report and testimony. Commissioner Holland seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS Community Development Director Jim Hendryx talked to the Commissioners about roles of the CITs and the Planning Commission. He provided them with a copy of a memo dated May 14, 1996, that went,to the City Council (Exhibit "D"). He said the purpose of the memo was to help outline what the rules and responsibilities could be for both groups. He summarized the memo and said Council wanted both Planning Commission and CIT comments. Hendryx said the purpose of the memo was to provide some recognition of the CITs for planning related items. Commissioner Griffith commented that the memo lists everything the CITs would do and asked what the CITs perceive the Planning Commission to be. He also noted that the CITs are always on the Council agenda. PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 7 • Commissioner DeFrang asked what the Planning Commission roles would be for the items listed on the memo. Hendryx answered that the CITs shall provide input on park planning issues that involve Comprehensive Plan policies or changes to the Comprehensive Plan or zoning maps. He said the Planning Commission would include CIT comments in their deliberations and the recommendation would then go to the City Council. Commissioner Holland said he hoped the CITs don't get confused about the process by going directly to City Council instead of the Planning Commission. Commissioner Padgett noted that the CITs are the designated primary recommending entities to the City Council for some issues and the Planning Commission is the primary recommending entity on others. He said that on those issues where the Planning Commission is the primary recommending body, the CITs should go through the Planning Commission and the Planning Commission would go to the City Council. He said a CIT member could then go to the City Council as an individual and plead their case, but not as a representative of a CIT. President Wilson said that the role of the Planning Commission needs to be better defined. Commissioner DeFrang commented on poor attendance at CIT meetings. Commissioner Padgett said that every City newsletter should have map that shows CIT boundaries. Jim Hendryx asked the Commissioners how they wanted him to proceed. The Commissioners said they would like a couple of weeks to respond to the memo. 7. ADJOURNMENT The meeting adjourned at 9:40 p.m. 4 Jerre: aynor, tannin•j ommission Secretary // A V ST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 8 Curt IAA r 9 • • CITY OF TIGARD, OREGON ORDINANCE NO. 96-3a AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A TIGARD COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY MATRIX DEVELOPMENT COMPANY (CPA 96-0004/ZON 96-0003/PD 96-0002) WHEREAS, the applicant has requested a comprehensive plan map amendment and zone change from Low Density Residential/R4.5 to Medium-High Density Residential/R-7(PD) on 18.5 acres and a zone change and planned development overlay from R-12 to R-7(PD) on 9 acres of property at the southwest corner of Hall Boulevard and Sattler Street and WHEREAS, the Planning Commission conducted a public hearing for the proposed amendment and zone change at its meeting of June 17, 1996, and recommends approval of CPA 96- 0004/ZON 96-0003/PD 96-0002. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendment is consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached final order (Exhibit A); SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to designate the parcels illustrated on the attached map (Exhibit B). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Li/ nit I rYmOtiS vote of all Council me ber present after being read by number and title only, this 13_u day , 1996. eou-nu or SCM,ckC 1 did riot- vvtt. 46tfritesiz.e Catherine Wheatley, City Recorder ill APPROVED: By Tigard City Council this . day of I / .S 7` 1996. ..a0IP'TA:gg;oow N.um, � .rt c,�l (✓te 4iut+ ORDINANCE No. 96- 32- Page 1 • • Approved as to form: c / IAttorney r 3/4 Dat ORDINANCE No. 96- Page 2 • • E)Q-E IT A CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY MATRIX DEVELOPMENT COMPANY. The Tigard City Council reviewed the application below at a public hearing on July 23, 1996. The City Council approves the request based on the facts, findings and conclusions noted below. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 96-0004 Zone Change ZON 96-0003/PD96-002 REQUEST: The applicant has requested a comprehensive plan amendment, zone change and planned development overlay from Low Density Residential/R4.5 to Medium Density Residential/R-7 (PD) on 18.52 acres and a zone change and planned development overlay from R-12 to R-7(PD) on 9 acres of property at the southwest corner of Hall Boulevard and Sattler Street. APPLICANTS: Matrix Development Company 6900 SW Haines Tigard, OR 97223 OWNERS: Edward J. Sattler, Jr. 8800 SW Sattler Street Tigard, OR 97224 Lillian E. Sattler 15245 SW Hall Blvd. Tigard, OR 97224 1 • • LOCATION: West of Hall Boulevard and south of Sattler Street (WCTM 2S1 11 DA, Tax Lots 100, 200 and 300) 2. Vicinity The three affected parcels are located west of Hall Boulevard and south of Sattler Street (Attachment B). The properties to the north across Sattler Street are designated as Low Density Residential with a zoning of R-4.5(PD); to the east (across Hall Boulevard), south and west are properties designated as Medium Density Residential and zoned R-7. All of these areas are developed as subdivisions. One parcel immediately adjacent to the site along Hall Boulevard to the south is zoned R-12 and contains a single-family residence. 3. Background Information Site History. The entire site, consisting of 27.52 acres, was annexed to the City in March of 1982 and designated as Urban Low Density with zoning of R-5 (eastern 9 acres of site including tax lot 300 and two-thirds of lot 100) and R-7 (western 18.52 acres of site including tax lot 200 and one-third of lot 100). At the time, R-5 denoted 5,000 square foot minimum lot size and is equivalent to the City's current R-7 (7 units per acre/5,000 square foot minimum); R-7 denoted 7,000 square foot minimum lot size and is equivalent to the City's current R-4.5 (4.5 units per acre/7,500 square foot minimum). The current zoning map, therefore, should show the eastern portion of the property as R-7 and the western portion as R-4.5. However, the eastern portion is shown as R-12 (12 units per acre/3,050 square foot minimum lot size). See below under Section IV, Policy 1.12 for explanation of this discrepancy. There have been no other actions staff could find related to this property, including a zone change from R-7 (formerly R-5) to R-12. 4. Site Information and Proposal Description The "L" shaped site is comprised of three tax lots. Parcel 100, abutting both Hall and Sattler, is 12.65 acres with a single-family residence and farm buildings; the remainder is open grassland. Parcel 200, the western portion of the site, is 14.57 acres and used as pasture land. A single-family residence is located in the northwest section of the parcel. Parcel 300, located along Hall Boulevard, is 0.30 acres and contains a single-family residence. There are two identified wetlands on the site totaling 0.78 acres. They have been described by the City's Local Wetlands Inventory as farm ponds with no adjacent tree vegetation, the shrubs totally grazed by cattle and emergent vegetation as not recognizable. They have received the lowest functional value of any wetlands in the City. Further, in a letter 2 • • • from the Division of State Lands to the applicant's wetlands consultant, dated May 16, 1996, the Division's Wetlands Program Leader refers to these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. The applicant requests a comprehensive plan map amendment, zone change and planned development overlay from Low Density Residential/R-4.5 to Medium Density residential/R-7(PD) on the western 18.52 acres; and a zone change and planned development overlay from R-12 to R-7(PD) on the eastern 9 acres. A written narrative has been submitted by the applicant in support of the request. If the proposal is approved, the applicant has expressed a desire to develop a neo- traditional subdivision on the site. There are no plans or submittals, however, pertaining to a subdivision development as part of this application. 5. Agency Comments ODOT has reviewed this application and informed staff that the proposed change is not significant under OAR 660-12 (Transportation Planning Rule) and, therefore, did not submit comments. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1, 12.2.1 (2); Community Development Code chapters 18.22 and 18.32 and 18.80; and Oregon Administrative Rules, Chapter 660 Division 12. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: General Policies: Policy 1.1.2 requires that in order to approve quasi-judicial changes to the comprehensive plan map, the City Council must find: 1. The change is consistent with applicable plan policies; 2. A change of physical circumstances has occurred since the original designation, or; 3. A mistake was made in the original land use designation. The proposed comprehensive plan map change from Low Density to Medium Density Residential is consistent with all applicable plan policies (see below). The applicant makes cases both for a change of physical circumstances and a mistake to meet this criterion. The change argument is based on two circumstances (see applicant submittal, pages 17-20). Staff does not consider the first circumstance to constitute a physical change. The applicant states that an R-12 area southeast of the 3 • • site has developed as single-family homes with smaller lots to a density of approximately seven units an acre only. This may be the case, however, it is not a physical change which is cause for a zone change to the affected site. The development at seven units an acre is allowed under R-12 zoning. The second argument, based on a staff recommendation to the Planning Commission and City Council in 1987 to `upzone' the R-4.5 portion of the site, which was denied, claims that the findings given at the time are no longer valid due to changed circumstances. A denied recommendation for a city-initiated zone change by itself does not qualify for a physical change of circumstance. Staff agrees, however, that changes have taken place since this portion of the site was zoned R-4.5 which enhance its ability to accommodate medium density housing. Since the site was assigned R-7.(equal to current R-4.5) zoning in 1982, the following improvements to the transportation system that serves the site were planned and implemented: • Intersection improvements (1989) and signal installation (1992) at Bonita & Hall; • Widening of Durham Road between Summerfield and Hall (1990); • Widening of Durham Road between Hall and Upper Boones Ferry Road (currently under construction). • Transit service initiated by Tri-met along Hall Boulevard (1993) The site now meets all criteria for Medium Density under the Comprehensive Plan's Locational Criteria section (see Locational Criteria, Policy 12.1.1(2) below). The applicant states that a mistake has been made in the zoning designation on the R- 12 eastern portion of the site (see application, page 20). Staff agrees that a mistake was made in changing the Comprehensive Plan and zoning from Urban Low Density/R- 5 to Medium Density/R-12. R-5 is a former City designation which meant 5,000 square foot minimum lot sizes and is equivalent to the current R-7 designation. The City Council initiated annexation of this site in August of 1981 and assigned R-5 zoning. The Boundary Commission approved the annexation request in March of 1982. The Interim Zoning Map of 1983 and all zoning maps thereafter, however, show the eastern portion of the site zoned R-12. Staff could find no official record, including staff report and findings, regarding the rezoning of this area from R-5 to R-12. For this reason, staff believes that an error was made in reassigning an R-12 zoning to this site. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The notice for the planning commission hearing was sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on 4 . • March 19, 1996, for property owners within a 250-foot radius of the affected property and other interested parties. This policy is satisfied. Housing: Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. It is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires the city maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. Because the R-7 zoning district is included in the range of zoning districts (R-7 through R-40) used by the City in the calculation of attached single-family or multi-family housing, the net affect of the zone change would result in an increase from 77% to 78% of new units being of this type. In addition, there would be one additional unit of housing added to the City's inventory under the proposed rezone. The proposal would not, therefore, affect the City's current housing opportunity index of 10.46 units per acre. This policy is satisfied. Transportation - Traffic Ways: Policy 8.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. As a directive to the City, this policy requires planning for a street system that can meet current and future needs based on the land uses it must support. Hall Boulevard has been designated as an arterial and Sattler Street a Minor Collector on the City's Comprehensive Plan Transportation Map. These designations support the existing zoning of the subject site. Under the proposed zoning, the residential development potential is virtually the same as that under the existing zoning. Based on the City's density calculation method, the existing zoning could yield 190 units and the proposed zoning could yield 191 units on the site. Upon development of the site under either scenario, the developer will be required to dedicate necessary rights-of-way(s) and install the necessary street improvements to implement the street standards of Hall Boulevard and Sattler Street which will maintain a safe and efficient roadway system. This policy is satisfied. Locational Criteria: Policy 12.1.1(2) provides the locational criteria for designating land as Medium Density Residential on the Comprehensive Plan map. It is intended that the locational criteria be construed in a flexible manner, in the interest of accommodating proposals which, though not strictly in conformance with the applicable criteria, are found to be in the public interest and capable of harmonious integration into the community. The burden of proving conformance of the proposal with the criteria varies with the degree of change and impact on the community: the more drastic the change and the greater the impact, the more strictly the criteria should be construed. The applicable locational criteria with findings are as follows: 5 • • A. The following factors will be the determinants of the areas designated for medium density on the plan map: (1) Areas which are not committed to low density development; The surrounding area is zoned for a mix of low and medium density development: To the north of the entire site and south of the western portion of the site are Low Density Residential districts; to the east, west and southeastern portion of the site are Medium Density Residential districts. This area is not, therefore, committed to low density development. (2) Areas which have direct access from collector or arterial streets; The site has direct access to Hall Boulevard, an arterial, and Sattler Street, a minor collector. (3) Areas which are not subject to development limitations such as topography, flooding, poor drainage; The site is not constrained by development limitations. The two wetland areas identified in the City's Inventory are farm ponds with no adjacent tree vegetation, totally grazed by cattle and contain no recognizable emergent vegetation. They have received the lowest functional value of any wetlands in the City. The letter from the Division of State Lands considers these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. (4) Areas where the existing facilities have the capacity for additional development; The existing facilities and services have adequate capacity to accommodate development at the site. The proposal would allow virtually the same number of residential units as the existing zoning. Sanitary sewer, storm and water lines are located in Hall Boulevard, Sattler Street and 88th Avenue. The street system is designated to handle additional traffic. The detailed analysis and evaluation of service capacity and needed improvements will be addressed as part of the development review process. (5) Areas within one-half mile of public transportation; and • Tri-met bus service is available along Hall Boulevard. (6) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas. 6 • • The proposed area can be adequately buffered from the low density residential area on the north side of Sattler Street and along the southern boundary of the site through the density transition, buffering and screening requirements of the Community Development Code. These requirements would be addressed during subdivision review when an application is submitted to the City. Based on the above facts, Policy 12.1.1(2) is satisfied for locating a Medium Density Residential area on the western portion of the subject site. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Amendments to the Title and Map: Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community; The applicable plan policies related to the proposal are reviewed above under Compliance With Comprehensive Plan Policies. Based upon the facts and findings in this report, staff has determined that the proposed amendment and rezone will not adversely affect the health, safety and welfare of the community. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances; The Tigard Comprehensive Plan has been acknowledged, therefore, specific review of each statewide planning goal is not necessary. Notice of this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. The applicable standards of any provision of this code or other applicable implementing ordinance; Code section 18.52 (R-7: Single-Family Residential) contains the standards for the R-7 zone. The proposed site could meet the standards listed under Dimensional Requirements (18.52.050) and Additional Requirements (18.52.060), including the residential density transition provisions of 18.40.040, for a single-family development. Specific future site development improvements will be reviewed through the subdivision procedures to ensure consistency with Community Development Code standards. Evidence of change in neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the 7 • • subject of the development application. See above under Compliance With Comprehensive Plan Policies, Policy 1.1.2. Procedures for Decision_ Making - Quasi-Judicial: Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has been processed in accordance with Code Sections 18.32.020, 18.32.050 and 18.32.060; a hearing has been conducted by the Planning Commission according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. Planned Development: Section 18.80 of the Community Development Code sets forth the approval process and elements of a planned development overlay designation. Section 18.80.015 states that this overlay zone shall be processed in the same manner as a zone change under the provisions of Chapter 18.32 (Procedures for Decision Making: Quasi-judicial). This application is indeed being processed according to Chapter 18.32. The proposal also meets the requirements of Section 18.80.060, Planned Development Allowed and Disallowed, because the affected site is classified as a developing area. The remaining requirements of this code section, which address implementation of the Planned Development overlay, will be reviewed upon submission of a development plan. This policy is satisfied. COMPLIANCE WITH STATE AND REGIONAL REQUIREMENTS: Oregon Administrative Rule: Section 660-12-060 requires that comprehensive plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with identified function, capacity and level of service of the facility. The proposed amendment/zone change would result in a net change of one additional residential unit allowed on the site. This change would not significantly affect a transportation facility. ODOT agrees and did not require or request a traffic study of the proposal. This rule is satisfied. C. DECISION The City Council APPROVES the requested Comprehensive Plan Amendment CPA 96-0004 and Zone Change ZON 96-0003/PD 96-0002 based upon the foregoing findings and conclusions. 8 . ,,6,. 1, ana maim EXHIBIT 6 Q / r i INGS , , , L Laws E E w. - , ■ ■■o. ■ a �� _.i U../ -IN , /Nor .0.0.1. LAWN ,S' e '�■ ..■. 0 Iii . - . iiit i d1 ll rti :.c . . 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Proposed o p P Zone Chanpe,and Planned Development Overlay fwm Vicinity Map Low Density/R as to Medium Density/R-7(PD) Note: Map is not to scale :::::::::. .. ::�•�,:: Proposed Zone Cfianpe and Planned Development N Overlay from R-12 to R-7(PD). • AGENDA ITEM # For Agenda of July 23. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Comprehensive Plan Amendment. Zone Change and Planned Development Overlay CPA_96-0004/ZON 96-0003/PD 96-0002 - Sattler PREPARED BYE Ray Valonei DEPT HEAD OK ;►4P CITY ADMIN OK f � ISSUE BEFORE THE COUNCIL Should the City Council approve a comprehensive plan map amendment, zone change and planned development overlay on 27.52 acres on the corner of Hall Blvd. and Sattler Street? STAFF RECOMMENDATION The Planning Commission recommended approval of this proposal at its hearing of June 17, 1996. Staff finds that the proposal satisfies all relevant criteria and recommends that the City Council approve CPA 96-0004. - INFORMATION SUMMARY The proposal seeks to amend the Comprehensive Plan map, change the zoning and establish a planned development overlay from Low Density Residential/R-4.5 to Medium Density Residential/ R-7(PD) on 18.52 acres on the western portion of the site; and change the zoning and establish a planned development overlay from R-12 to R-7(PD) on 9 acres on the eastern portion of the site. The applicant, Matrix Development Corporation, has requested this action in order to obtain consistent zoning on the site for future development of a single-family subdivision. The applicant's submittal, City staff report and minutes from the Planning Commission's hearing on the proposal are attached. OTHER ALTERNATIVES CONSIDERED 1. Approve the proposal and direct staff to return on August 13 with the ordinance and final order for adoption by the Council. 2. Deny the proposal and direct staff to return on August 13 with the resolution and final order for adoption by the Council. FISCAL NOTES No direct fiscal impact to the city. • Agenda Item: Hearing Date: July 23. 1996 7:30 PM :: : STAFF REPORT T.O ::T : :.. :_ : :.:> ;:. : :CITY :COUNCIL ..:..:.. ..:.>.:.>:<::::.:;:: ::..... .....::.::::: OF TIGARD FO . R T HE CITY:: SECTION I: APPLICATION SUMMARY CASES: FILE NAME: SATTLER Comprehensive Plan Amendment CPA 96-0004/ZON 96-0003/ PD 96-0002 PROPOSAL: The applicant has requested a comprehensive plan amendment, zone change and planned development overlay from Low Density Residential/R-4.5 to Medium Density Residential/R-7(PD) on 18.52 acres and a zone change and planned development overlay from R-12 to R-7(PD) on 9 acres of property at the southwest corner of Hall Boulevard and Sattler Street. APPLICANT: Matrix Development Company OWNERS: Edward J. Sattler, Jr. . 6900 SW Haines 8800 SW Sattler Street Tigard, OR 97223 Tigard, OR 97224 Lillian E. Sattler • 15245 SW Hall Blvd. Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (9 acres) and Low Density Residential (18.52 acres) ZONING DESIGNATION: R-12 (9 acres) and R-4.5 (18.52 acres) LOCATION: West of Hall Boulevard and south of Sattler Street (WCTM 2S1 11 DA, TAX LOTS 100, 200 and 300). APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code Chapters 18.22, 18.32 and 18.80; and Oregon Administrative Rules Chapter 660 Division 12. STAFF REPORT CPA 96-0004 Page 1 • SECTION U STAFF RECOMMENDATION: The Planning Commission heard this proposal on June 17 and recommends by a vote of 7-0 that the City Council approve CPA 96-0004. The minutes from the hearing are included as Attachment A. Staff recommends that the City Council find that the proposed amendment/zone change/overlay satisfies all relevant review criteria and will not adversely affect the health, safety and welfare of the community, and that the Council APPROVE CPA 96-0004/ZON 96-0003/PD 96-0002. SECTION III: BACKGROUND INFORMATION Site History: The entire site, consisting of 27.52 acres, was annexed to the City in March of 1982 and designated as Urban Low Density with zoning of R-5 (eastern 9 acres of site including tax lot 300 and two-thirds of lot 100) and R-7 (western 18.52 acres of site including tax lot 200 and one-third of lot 100). At the time, R-5 denoted 5,000 square foot minimum lot size and is equivalent to the City's current R-7 (7 units per acre/5,000 square foot minimum); R-7 denoted 7,000 square foot minimum lot size and is equivalent to the City's current R-4.5 (4.5 units per acre/7,500 square foot minimum). The current zoning map, therefore, should show the eastern portion of the property as R-7 and the western portion as R-4.5. However, the eastern portion is shown as R-12 (12 units per acre/3,050 square foot minimum lot size). See below under Section IV, Policy 1.1.2 for explanation of this discrepancy. There have been no other actions staff could find related to this property, including a zone change from R-7 (formerly R-5) to R-12. Vicinity Information: The three affected parcels are located west of Hall Boulevard and south of Sattler Street (Attachment B). The properties to the north across Sattler Street are designated as Low Density Residential with a zoning of R-4.5(PD); to the east (across Hall Boulevard), south and west are properties designated as Medium Density Residential and zoned R-7. All of these areas are developed as subdivisions. One parcel immediately • adjacent to the site along Hall Boulevard to the south is zoned R-12 and contains a single- family residence. Site Information and Proposal Description: The 'L' shaped site is comprised of three tax lots. Parcel 100, abutting both Hall and Sattler, is 12.65 acres with a single-family residence and farm buildings; the remainder is open grassland. Parcel 200, the western portion of the site, is 14.57 acres and used as pasture land. A single-family residence is located in the northwest section of the parcel. Parcel 300, located along Hall Boulevard, is 0.30 acres and contains a single-family residence. There are two identified wetlands on the site totaling 0.78 acres. They have been described by the City's Local Wetlands Inventory as farm ponds with no adjacent tree vegetation, the shrubs totally grazed by cattle and emergent vegetation as not recognizable. They have received the lowest functional value of any wetlands in the City. Further, in a letter from the Division of State Lands to the applicant's wetlands consultant, dated May 16, 1996, the Division's Wetlands STAFF REPORT CPA 96-0004 Page 2 • • Program Leader refers to these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. The applicant requests a comprehensive plan map amendment, zone change and planned development overlay from Low Density Residential/R-4.5 to Medium Density Residential/ R-7(PD) on the western 18.52 acres; and a zone change and planned development overlay from R-12 to R-7(PD) on the eastern 9 acres. A written narrative has been submitted by the applicant in support of the request. If the proposal is approved, the applicant has expressed a desire to develop a neo-traditional subdivision on the site. There are no plans or submittals, however, pertaining to a subdivision development as part of this application. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: General Policies: Policy 1.1.2 requires that in order to approve quasi-judicial changes to the comprehensive plan map, the City Council must find: 1. The change is consistent with applicable plan policies; 2. A change of physical circumstances has occurred since the original designation, or; 3. A mistake was made in the original land use designation. The proposed comprehensive plan map change from Low Density to Medium Density Residential is consistent with all applicable plan policies (see below). The applicant makes cases both for a change of physical circumstances and a mistake to meet this criterion. The change argument is based on two circumstances (see applicant submittal, pages 17-20). Staff does not consider the first circumstance to constitute a physical change. The applicant states that an R-12 area southeast of the site has developed as single-family homes with smaller lots to a density of approximately seven units an acre only. This may be the case, however, it is not a physical change which is cause for a zone change to the affected site. The development at seven units an acre is allowed under R-12 zoning. The second argument, based on a staff recommendation to the Planning Commission and City Council in 1987 to `upzone' the R-4.5 portion of the site, which was denied, claims that the findings given at the time are no longer valid due to changed circumstances. A denied recommendation for a city-initiated zone change by itself does not qualify for a physical change of circumstance. Staff agrees, however, that changes have taken place since this portion of the site was zoned R-4.5 which enhance its ability to accommodate medium density housing. Since the site was assigned R-7 (equal to current R-4.5) zoning in 1982, the following improvements to the transportation system that serves the site were planned and implemented: • Intersection improvements (1989) and signal installation (1992) at Bonita & Hall; • Widening of Durham Road between Summerfield and Hall (1990); STAFF REPORT CPA 96-0004 Page 3 • S • Widening of Durham Road between Hall and Upper Boones Ferry Road (currently under construction). • Transit service initiated by Tri-met along Hall Boulevard (1993) The site now meets all criteria for Medium Density under the Comprehensive Plan's Locational Criteria section (see Locational Criteria, Policy 12.1.1(2) below). The applicant states that a mistake has been made in the zoning designation on the R-12 eastern portion of the site (see application, page 20). Staff agrees that a mistake was made in changing the Comprehensive Plan and zoning from Urban Low Density/R-5 to Medium Density/R-12. R-5 is a former City designation which meant 5,000 square foot minimum lot sizes and is equivalent to the current R-7 designation. The City Council initiated annexation of this site in August of 1981 and assigned R-5 zoning. The Boundary Commission approved the annexation request in.March of 1982. The Interim Zoning Map of 1983 and all zoning maps thereafter, however, show the eastern portion of the site zoned R-12. Staff could find no official record, including staff report and findings, regarding the rezoning of this area from R-5 to R-12. For this reason, staff believes that an error was made in reassigning an R-12 zoning to this site. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The notices for the Planning Commission and City Council hearings were sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on March 19, 1996, for property owners within a 250-foot radius of the affected property and other interested parties. This policy is satisfied. Housing: Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. It is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires the city maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. Because the R-7 zoning district is . included in the range of zoning districts (R-7 through R-40) used by the City in the calculation of attached single-family or multi-family housing, the net affect of the zone change would result in an increase from 77% to 78% of new units being of this type. In addition, there would be one additional unit of housing added to the City's inventory under the proposed rezone. The proposal would not, therefore, affect the City's current housing opportunity index of 10.46 units per acre. This policy is satisfied. Transportation - Traffic Ways: Policy 8.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. As a directive to the City, this policy requires planning for a street system that can meet current and future needs based on the land uses it must support. Hall Boulevard has been designated as an arterial and Sather Street a Minor Collector on the City's Comprehensive Plan Transportation Map. These designations • support the existing zoning of the subject site. Under the proposed zoning, the residential STAFF REPORT CPA 96-0004 Page 4 . r • • development potential is virtually the same as that under the existing zoning. Based on the City's density calculation method, the existing zoning could yield 190 units and the proposed zoning could yield 191 units on the site. Upon development of the site under either scenario, the developer will be required to dedicate necessary rights-of-way(s) and install the necessary street improvements to implement the street standards of Hall Boulevard and Sattler Street which will maintain a safe and efficient roadway system. This policy is satisfied. Locational Criteria; Policy 12.1.1(2) provides the locational criteria for designating land as Medium Density Residential on the Comprehensive Plan map. It is intended that the locational criteria be construed in a flexible manner, in the interest of accommodating proposals which, though not strictly in conformance with the applicable criteria, are found to be in the public interest and capable of harmonious integration into the community. The burden of proving conformance of the proposal with the criteria varies with the degree of change and impact on the community: the more drastic the change and the greater the impact, the more strictly the criteria should be construed. The applicable locational criteria with findings are as follows: A. The following factors will be the determinants of the areas designated for medium density on the plan map: (1) Areas which are not committed to low density development; The surrounding area is zoned for a mix of low and medium density development: To the north of the entire site and south of the western portion of the site are Low Density Residential districts; to the east, west and southeastern portion of the site are Medium Density Residential districts. This area is not, therefore, committed to low density development. (2) Areas which have direct access from collector or arterial streets; The site has direct access to Hall Boulevard, an arterial, and Sattler Street, a minor collector. (3) Areas which are not subject to development limitations such as topography, flooding, poor drainage; The site is not constrained by development limitations. The two wetland areas identified in the City's Inventory are farm ponds with no adjacent tree vegetation, totally grazed by cattle and contain no recognizable emergent vegetation. They have received the lowest functional value of any wetlands in the City. The letter from the Division of State Lands considers these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. (4) Areas where the existing facilities have the capacity for additional development; The existing facilities and services have adequate capacity to accommodate development at the site. The proposal would allow virtually the same number of residential units as the existing zoning. Sanitary sewer, storm and water lines are located in Hall Boulevard, Sattler Street and 88th Avenue. The street system is designated to handle additional traffic. The detailed analysis and evaluation of STAFF REPORT CPA 96-0004 Page 5 41/ • service capacity and needed improvements will be addressed as part of the development review process. (5) Areas within one-half mile of public transportation; and Tri-met bus service is available along Hall Boulevard. (6) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas. The proposed area can be adequately buffered from the low density residential area on the north side of Sather Street and along the southern boundary of the site through the density transition, buffering and screening requirements of the Community Development Code. These requirements would be addressed during subdivision review when an application is submitted to the City. Based on the above facts, Policy 12.1.1(2) is satisfied for locating a Medium Density Residential area on the western portion of the subject site. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Amendments to the Title and Map: Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community; The applicable plan policies related to the proposal are reviewed above under Compliance With Comprehensive Plan Policies. Based upon the facts and findings in this report, staff has determined that the proposed amendment and rezone will not adversely affect the health, safety and welfare of the community. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances; The Tigard Comprehensive Plan has been acknowledged, therefore, specific review of each statewide planning goal is not necessary. Notice of this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. The applicable standards of any provision of this code or other applicable implementing ordinance; Code section 18.52 (R-7: Single-Family Residential) contains the standards for the R-7 zone. The proposed site could meet the standards listed under Dimensional Requirements (18.52.050) and Additional Requirements (18.52.060), including the residential density transition provisions of 18.40.040, for a single-family development. . Specific future site development improvements will be reviewed through the subdivision procedures to ensure consistency with Community Development Code standards. STAFF REPORT CPA 96-0004 Page 6 • • Evidence of change in neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. See above under Compliance With Comprehensive Plan Policies, Policy 1.1.2. Procedures for Decision Making - Quasi-Judicial: Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi- judicial plan amendments. The application has been processed in accordance with Code Sections 18.32.020, 18.32.050 and 18.32.060; a hearing has been conducted by the Planning Commission and City Council according to 18.32.090(D) and (E); and the requirements for notification of the hearings have been met according to 18.32.130 and 18,32.140. Planned Development: Section 18.80 of the Community Development Code sets forth the approval process and elements of a planned development overlay designation. Section 18.80.015 states that this overlay zone shall be processed in the same manner as a zone change under the provisions of Chapter 18.32 (Procedures for Decision Making: Quasi-judicial). This application is indeed being processed according to Chapter 18.32. The proposal also meets the requirements of Section 18.80.060, Planned Development Allowed and Disallowed, because the affected site is classified as a developing area. The remaining requirements of this code section, which address implementation of the Planned Development overlay, will be reviewed upon submission of a development plan. This policy is satisfied. COMPLIANCE WITH STATE AND REGIONAL REQUIREMENTS: Oregon Administrative Rule: Section 660-12-060 requires that comprehensive plan amendments which significantly affect a transportation facility shall assure that allowed land uses are consistent with identified function, capacity and level of service of the facility. The proposed amendment/zone change would result in a net change of one additional residential unit allowed on the site. This change would not significantly affect a transportation facility. ODOT agrees and did not require or request a traffic study of the proposal. This rule is satisfied. SECTION V: AGENCY COMMENTS ODOT has reviewed this application and informed staff that the proposed change is not significant under OAR 660-12 (Transportation Planning Rule) and, therefore, did not submit comments. SECTION VI: OTHER COMMENTS The Summerfield Civic Association submitted comments which are included as Attachment C. The Mallard Lakes Homeowners Association submitted a letter in favor of the proposal (Attachment D). STAFF REPORT CPA 96-0004 Page 7 • S SECTION VIL;. STAFF COMMENTS The Engineering Division, Water and Police departments have reviewed this application and have no comments or objections. 2 v July 9. 1996 PREPARED BYE Ray Valone DATE Associate Planner �� �v� July 11. 1996 APPROVED BY: Nadine Smith DATE Planning Manager I:\C U R P L N\RAY\C PA96-04.CC STAFF REPORT CPA 96-0004 Page 8 l • • • ATTACHMENT A CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes June 17, 1996 1. CALL TO ORDER The meeting began at 7:00 with the first agenda item. President Wilson called the public hearing to order at 7:40 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Coilson, Griffith, Holland, Padgett, and Scolar Commissioner DeFrang arrived after ethics training. Commissioners Absent: Commissioner Neff Staff Present: Bill Monahan, City Administrator; Dick Bewersdorff, Planning Manager; Ray Valone, Associate Planner; Jim Hendryx, Director of Community Development; Jerree Gaynor, Planning Commission Secretary 3. ETHICS TRAINING City Administrator Bill Monahan gave a presentation on City ethics. He provided the Commissioners with copies of the "Oregon Government Standards and Practices Laws Training for All City of Tigard Employees" (Exhibit "A"), "Chapter 244, 1995 Edition, Government Standards and Practices" (Exhibit "B"), and • "Examples" (Exhibit "C"). At the end of the presentation, each Commissioner signed a document stating they had participated in the training and understand their responsibilities. 4. PLANNING COMMISSION COMMUNICATIONS Dick Bewersdorff advised the Commissioners of the next meeting date. The Planning Commission Secretary gave the Commissioners copies of the updated roster and copies of the revised Tigard Community Development Code. 5. PUBLIC HEARING 5.1 MINOR LAND PARTITION (MLP) 96-0009/ZONE CHANGE (ZON) 96-0004 GRECO PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 1 • • A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single-family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. STAFF REPORT Planning Manager Dick Bewersdorff presented the staff report on behalf of the City. He advised that the property was newly annexed to the City. He said it was not assigned a zone at the time, because the annexation was handled directly by the Boundary Commission. Bewersdorff said that since the property is now requesting a land partition, it needs to be zoned. Bewersdorff advised that the zone has to be closest to what it was previously zoned in the County, which is an R-4.5. Bewersdorff said that the partition was to divide the property into 2 lots: 18,900 and 33,600 square feet. He said staff is recommending approval, subject to conditions in the staff report. APPLICANT'S PRESENTATION The applicant did not give a presentation. Commissioner Holland asked the applicant if he agreed to the conditions of approval in the staff report. The applicant answered yes. PUBLIC TESTIMONY No one signed up to speak on this proposal. PUBLIC HEARING CLOSED Commissioner Holland moved to approve the zone change and the minor land partition, in accordance with the staffs conditions of approval. Commissioner Griffith seconded the motion. A voice vote was taken and the motion passed unanimously. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 2 • ! • from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multiple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. STAFF REPORT Associate Planner Ray Valone presented the staff report on behalf of the City. He said that, if this proposal is approved, the applicant intends to develop it in single family housing. He said the property consists of 27.52 acres and was annexed in 1982. He said it is designated urban low density. Valone stated that the eastern 9 acres were zoned R-5 at the time of annexation, which is comparable to our current R-7. He said the western portion was zoned R- 7 at the time of annexation, which is comparable to our current R-4.5. Valone said he has received no objections to the proposal from outside agencies. He referred to a letter from the Summerfield Association, which expresses their concerns for increased density on the western portion of the site and the possibility of 2-story houses. Valone said that staff finds that the proposal meets all applicable comprehensive plan and development code criteria. He said that a physical change in circumstances has occurred regarding transportation systems that serve the site. He said that a mistake was made by the City in changing the eastern portion of the site from R-5 to R-12. He said staff could find no record of the zone change. Valone stated that ODOT determined that his proposal would have no significant effect on Hall Blvd. He also said that the City's Engineering Department determined that it would not significantly affect the local road system. Valone said staff recommends that the Planning Commission forward a recommendation of approval to City Council. PLANNING COMMISSION MEETING MINUTES- June 17, 1996-Page 3 • S In response to a question from Commissioner Holland, Valone said that the adjacent Summerfield property was zoned R-7. Valone and Bewersdorff then elaborated on granting of PD overlays. Commissioner Griffith commented that, under this proposal, there is a potential for 191 dwellings, as opposed to 190 that is currently allowed. APPLICANT'S PRESENTATION Frank Angelo, W&H Pacific, 8405 SW Nimbus Ave., Beaverton, OR 97008, briefed the Commission on the applicant's proposal. He said the applicant agrees with the staff recommendation. PUBLIC TESTIMONY - IN FAVOR Clayton Wilson, 9045 SW Westlund Ct., Tigard, OR 97224, expressed his concern about increased traffic in his neighborhood. He said he would like to see any road connections to SW Sattler Street be moved further east, so as not to align directly with SW 91st. President Wilson advised him that this was just a zone change application but the Planning Commission would have another opportunity to look at the development phase at a later date. Steve Smith, 14802 SW 91st, Tigard, OR 97224, asked staff if apartments or multi-family development was allowed in an R-7 zone. Staff responded that duplexes would be allowed, but not multi-family. Smith then said that the Mallard Lakes Homeowner's Association supports the application. PUBLIC TESTIMONY - IN OPPOSITION John Arrigoni, 8935 SW Hamlet, Tigard, OR 97224, said he was not necessarily in opposition to the proposal, but did not want to see 2-story houses next to his home. He said he would like to see the zone changed to be the same as the zoning on SW Hamlet. APPLICANT'S REBUTTAL Frank Angelo addressed the concerns of those who spoke. He said the development would have a required density transition zone on the south side of the property and along Sattler, between the property and Mallard Lakes Subdivision. He said that building height and road extension issues could be dealt with at site development review stage. PUBLIC HEARING CLOSED Commissioner Griffith asked staff if there would be a buffer area in addition to a density transition zone. Bewersdorff answered that there would only be the density transition zone, but that minimum setbacks would also apply. Commissioner Padgett said he agreed that a mistake was made on the eastern portion of the property. He also agreed that there has been a change in PLANNING CONINIISSION MEETING MINUTES- June 17, 1996-Page 4 • • • circumstances, saying that if that land was unzoned today, the most logical zone to put on it would be R-7. Commissioner Holland said it makes sense, that if there is R-7 on either side, the property should also be R-7 also. Commissioner Griffith said he has some problems with the traffic, but they could be discussed during the site development review. Commissioner Coilson agreed with Commissioner Griffith. Commissioner Holland moved to approve Comprehensive Plan Amendment 96- 0004/Zone Change 96-0003/Planned Development 96-0002. Commissioner Padgett seconded the motion. A voice vote was taken and the motion passed unanimously. , ATTACHMENT B . - 0 • A ..,,,Of ns* • I / l 17„, stint EIJ'ff.djUllis a*1111111 WV U.., 40/411 JAI .210tra W brDAWN IIIII‘WAs.apvirtior I 0 • Ill , wEs‘ • . 8 li zaii mi .ri Niillimmatih. :1•1161 - ,.. ...:161116311111111:19111111 NV / 4 V Ram mu III 1111 1, MO um. 1111111117mik.ii _,,14 e •••••••••••••••• ■••••••••••••••• NI ••••••••••••••-•A Z ■••••••••••••O, EWE 'MHO'1101116.11111111 MO •••••••••••••••4 •••••••••••••■■•• tilm -aim man.-NI .************************40,■-•-■ ir 0 0 •. •. .. Ran 111111=-1111111 imillEr al ,... A.**.....•••••••• - -■ i'._A■-4.-0■-•-**********************4 ,walimmi ....... =-,,,, ,o4A.••••••••••• bik 111111 Illi ling V , iii z -amw. II11111 WI ra4A u P••••••••••••••••••••••4 .•E, I t;Mtt44 1:44•:•••••••••••••t II"-I I a.■4"e.*A..* Dot Z MI g VI ul 1111/ I. 7:111 • . 1. mil : .. aii _ all • • ■■ e IFT4 0... 1:0 A .. .: . roit4w, 4,1 gsviimmuntell... ovi null . a sg;--- 4* . ., '411 g,— 41,, __, Aria 10111111ln If "24161 MI . - •1111.1111.1 111.1,46A"MI Tit ,‘. 111 EPP f A II' az= :1•41601111 I. 1 ' .. . . .11m.411 4012 .B1111111111111 , la 4-■01 I= 0 411111° ••• "al 4.11W niiimmill = s- dual g. 411 r. umma 1— niEll saitiasiii11111alb a Ira n"iiiio III • DURHAM RD ILI rilli 1 E 0 MEEIIIII■ mal r- NENNI 117:1 11111111 >" I— ,I Proposed Comprehensive Plan Map Amendment. Zone Charee.and Planned Development Overlay 1 cm Vicinity Map Low Density/R-4.5 to Medium DensttY/R-APti Coo) Note: Map is not to scale • :::::::::::::::::::: Proposed Zone Chancre and Planned Development N .I.t.w.m.:44. overlay from R-12 to R-7(PD). ATTACHMENT C • • RECD JUN 03 1995 8ii'nmerfleld/civic ASSOCIATION 10650 S.W. Summerfield Drive Tigard,Oregon 97224 620-0131 May 29, 1996 Mr. Nick Wilson, Chairman Tigard City Planning Commission City Hall Tigard, OR 97223 Re: Sattler Property Re-zone &Development (Matrix Development) Dear Mr. Wilson: Representatives from Summerfield have studied the very preliminary sketches now available showing Matrix Development's general use of the Sattler Property. On the basis of this early presentation, there are two major problems emerging which we feel will need careful study during the forthcoming City review processes. Following is a brief statement of these two concerns. If needed,we can provide additional information at the proper time. 1--The proposed zone change for the Sattler Property, as presently submitted by Matrix Development, seeks to change the western segment of the project from Zone 4.5 to Zone 7, with the further planning flexibility provided by an additional Planned Overlay Development. Such a zone change would have a serious impact on the existing Summerfield border properties abutting the western edge of the Matrix Project. Those immediately adjoining properties were purchased with the natural expectation that any future houses built to the east would be constructed in conformance with Zone 4.5 code requirements, and property prices were certainly increased in recognition of that very pleasant and desirable expectation. Now, with the sudden proposal to increase the density to Zone 7 + PD, property values will clearly be depressed below that which would have been expected under the present Zone 4.5 requirements. With the request for higher density zoning, it is obvious that the Developer is planning to cluster the houses closer together on lots that will then be substantially smaller than originally required; further, they will surely be of a less expensive design than would have been possible had the original larger lot size been retained. In fact, if the Planned Development Overlay is also approved, the final density in this part of the project could be even greater than 7.0 in order to make up for unexpected losses in buildable land to the east. Summerfield residents recognize this situation and are concerned about their loss in property value due to the substantial crowding beyond that which would have been controlled by the existing Zone 4.5 requirements. • 2---At the first public meeting with the Developer, he also stated that they plan to build two-story houses on this land. That brings us to the second major concern relating to the great disparity in overall heights of the new two-story houses when compared to the immediately adjoining one- story Summerfield houses. By way of explanation,the existing abutting houses in Summerfield are primarily one-story units, built according to the popular designs of the 1970's, with a purposely accentuated very low profile, low bases, low eaves and low pitched roofs. Whereas, we were told that the proposed project will be designed as two-story units, certainly with the 1990's look, which is purposely accentuated for a very high profile, high bases, high entrances and steeply sloping high roofs. As a result, this wide disparity in height will create a long, tall wall of houses, thirty to thirty-five feet high, contrasting badly with their very low Summerfield neighbors immediately to the west and presenting an awkward, unpleasant transition in neighborhood design. Because of the resulting gross disparity in height of these closely adjacent projects, this letter will ask that a "transition zone" be planned at their meeting line in accordance with the spirit of Building Code Chapter 18.40.04--Section A. which requires such a transition zone between existing property and a proposed development if their densities are significantly different. In this case, it is not only the density increase that is of concern, but also the abrupt and wide difference in height of a number of immediately adjacent houses. The obvious solution to this problem is to plan that the first tier of new houses adjacent to the west line, approximately seventeen of the planned one hundred fifty-three, be built as today's one-story houses, at least on those lots adjacent to one-story Summerfield houses. Of special interest to the Developer, such a requirement for a few one-story houses could be of actual benefit to him in that it would open up his potential market for a small part of the project to those older persons who do not want two story houses. Clearly, the fact that most of the Summerfield houses are one-story units is proof that most older buyers prefer such. If it developed that some of these new one-story houses along the Summerfield side were occupied by older buyers, the transitions in occupant's age, and building design and height would all be enhanced, an obvious plus for the Developer, the abutting Owners and the City Planning process. Finally, to summarize our position: 1—Summerfield is being asked to accept two major changes, both of which will devalue our adjoining property. The first is the zone change which will result in substantial additional crowding and its companion drop in livability level. The second is the construction of a tall wall of two story houses immediately adjacent to our very low one-story designs, resulting in an awkward, unsightly junction and an unpleasant overpowering adjacent presence. 2—In spite of these two deep concerns, but in a spirit of fairness and cooperation, we have decided not to challenge the zone change. Having taken that stand, however, we are asking the Developer, in turn, to make a modest change in his plans with the construction of approximately seventeen one-story units along the west edge. We feel that this trade-off is a fair and equitable exchange and of equal benefit to both parties. By copy of this letter to the Developer, we are asking for his agreement to this solution. 3—If we are unable to resolve this exchange with the Developer, this letter will then ask that the City support this fair compromise during their forthcoming plan reviews and approvals as is their authority at those times. • • • Please let me know if we may be of help with additional information. Also, please understand that our only goal here is to assist in insuring that this new development will become a visual asset to the adjoining neighborhoods and a positive improvement to this area of the City. Thank you for considering our position. Sincerely yours, Ron Pheister, President Summerfield Civic Association cc: Larry York, Matrix Development • • ATTACHMENT D • 411, • Mr. Ray Valone Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97224 RE: Proposed Comprehensive Plan and Zoning Code Amendment to Property located at the southwest corner of Hall Blvd. and Sattler St. ( also known as tax lots 100, 200 and 300 NE 1/4 SE 1/4 Section 11, T2S R1W W.M.). Mr. Valone, Mallard Lakes Homeowners Association (located just north of above tax lots) fully supports the proposed amendment to the comprehensive plan and zoning map which creates one single zoning of Single-Family Residential (R-7) for the above tax lots so that Matrix Development an develop the area with single family residences. Please keep us informed of any upcoming meetings or announcements that relate to the above mentioned amendment. Respectfully, Mark Fusick, President Mallard Lakes Homeowners Association 14873 SW 91st Tigard, OR 97224 503-684-5362 cc: Chris Eaton, W&H Pacific Larry York, Matrix Development 0 ilk \\ \\\\\N � � .\,\\ �. �. ����1' A \. \� �, . '''lam-% \1 N\\ �\\\, \\ , \ 1. CITY OF TIGARD .v,,,,%. \Alp \lakc,,, \\ •\A \\ \ \\. \\. ��\\\,\ \. \\y\\\\\- PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard-in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JULY 23, 1996 - PAGE 1 1111 _ _ _ _ • CITY COUNCIL MEETING - JULY 23, 1996 AGENDA 6:30 p.m. • STUDY SESSION > The Tigard City Council may go into Executive Session undo;_the provisions of ORS 192.660 (1) (d), (e), 8z (h) to discuss labor - relations, real property transactions, current and pending litigation issues. All discussions within this session are confidential; therefore, nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Agenda Review 7:30 p.m. 1 . BUSINESS MEETING 1 .1 Call to Order - City Council Local Contract Review Board 1 .2 Roll Call 1 .3 Pledge of Allegiance 1 .4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: June 18 and 25, 1996 3.2 Approve Municipal Court Judge's Contract - Resolution No. 96- 3.3 Approve Intergovernmental. Agreement Between the City of Tigard and the Tigard/Tualatin School District - Resolution No. 96- 3.4 Accept Transfer of Jurisdiction a Portion of Durham Road from the Oregon Department of Transportation 3.5 Approve Acquisition of Property on Walnut Street at Tiedeman 3.6 Local Contract Review Board: Award Contract for Architectural Services for the City Hall Expansion to Hanson, Dunahugh, Nicholson Architects PC, Portland, Oregon • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA - JULY 23, 1996 - PAGE 2 ;,. • • • 4. CONSIDER ORDINANCE AMENDING CHAPTER 18.164 OF THE TIGARD MUNICIPAL CODE AUTHORIZING EXCEPTIONS TO UNDERGROUNDING UTILITY REQUIREMENTS • City Administrator 5. PUBLIC HEARING (QUASI-JUDICIAL) COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1 (2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single- family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multiple-Family Residential) allows single- family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Motion giving direction to City staff. COUNCIL AGENDA - JULY 23, 1996 - PAGE 3 • • r 6. PUBLIC HEARING (LEGISLATIVE) - COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0001 BLEDSOE REQUEST: Amend the text of the Urbanization section of the Comprehensive Plan by adding a new policy as follows: 10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 10 and 14; Tigard Comprehensive Plan policies 1.1.1, 2.1.1 and 6.1.1; Tigard Community Development Code chapter 18.30 and; and Oregon Administrative Rule Chapter 660, Division 12. ZONE: N/A a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Motion giving direction to City staff. 7. NON-AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), az (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 9. ADJOURNMENT i:\adm\cathy\ccagenda\960723p.doc COUNCIL AGENDA - JULY 23, 1996 - PAGE 4 JUL-23-1996 16:19 STUSSER ELECTRIC P.01 • 1 II FAX MALLORD LAKES HOME OWNERS ASSOCIATION 14783 SW 91ST COURT TIGARD, OR 97224 " Date 07/23/96 Number of pages including cover sheet 1 To: FRAY VALONE-CITY ,. ,-,. From: PLANNER MARK FUSICK ;d CITY OF TIGARD I� I Phone 503-639-4171 Phone 503-684-5362 Fax Phone 503-684-7297 Fax Phone 503-620-5601 CC: CHRIS EATON , W&H PACIFIC • REMARKS: ❑ Urgent IA For your review ❑ Reply ASAP ❑ Please comment Tear Mayor and City Council: llallord Lakes Home Owners Association will no to able to attend the city council meeting on /23/96. We are sending this letter in s upp o rt of c langing the Sattler Farms land zoning Constraints from R4.5 and R12 to an overall R7. To restate our position Mallard Lakes Home Owrne's Association supports the request to change the existing zoning requirements from R4.5 and R12 to an overall R7. 1 Irlease accept this letter in our absence. I Regards. I • • 8855 S.W. Hamlet Tigard, Oregon 97224 July 10 , 1996 Ray Valone City of Tigard Planning Department 13125 SW Hall Boulevard Tigard, Oregon 97224 Dear Mr . Valone: The residents of Hamlet street who live on the perimeter of the Satler property have concerns about the planning for home construction on the Satler property. We, as a group are not familiar with the process of planning and development but would like to make our known to you and would appreciate feedback as to the status of our concerns . Some of us believed that the issue of zoning had been resolved at the conclusior of the last meeting, but when we received the announcement of the July 23rd meeting, we assumed that the issue remains open. Based on that assumption, we propose the following recommendations relative to zoning and are including our additional concerns that extend beyond zoning. Recommendations: 1 . That the perimeter of the Western 19 acres which adJoin existing properties remain low density residential R 4. 5 . We would additionally appreciate further clarification of R 7 . The document sent from the city announcing the July 23 meeting defined R4. 5 and R 12 , but did not clarify R7 . 2 . That an easement exist between the Western acreage of the Satler property which adjoins existing properties on Hamlet . 3. That the perimeter of the Western 19 acres that adJoin existing properties along Hamlet be planned with fencing and suitable landscaping. Residents of Hamlet take pride in the appearance of their property and will appreciate any efforts on the part of the planning department to ensure that the builder enhances homesites as the pastoral setting disappears. 4. That the perimeter of the Western 19 acres that adJoin existing properties along Hamlet be held to single story dwellings . All of the dwellings on Hamlet that currently exist from 8805 to 8955 are single story dwellings . The presence of like housing adjoining us represents a significant quality of life issue to us. 5. That the perimeter of the Western 19 acres that adJoin hamlet need tc be developed with a consideration to the drainage of water from the properties being developed. This needs to happen in such a way that drainage to existing properties is not in any compromised but is rather enhanced. • • We very much appreciate your time in giving our concerns consideration. I will plan to call you in the near future, as I would appreciate some informal feedback from you prior to the meeting of July 23 . Res;i )ct(ully d00 t , . , /6„4,d---",,,,,47,42.____, Robert Himmelwright Martha Himmelwright p 0.. v,,,,, (-4-„,„L--. 3A.,f,_ S / Q 7,7„:700-tee,-1, ....._ „, ..__.... t''i�/ILG4) /'� LlFi24 ._ . ,a,,,,c,.„., ..,,,,Je u / 41)4N hANJ-. . /61,14/17,4pw..14-A-c,0„--- a • I Y I • CITY Of TIGAYD • X gl / 71 17„t � 4/1/11®LEE W. 1 L.L. , ■■PIP rl- ------ Om . __I VII .... kk LAWN '�' � ~a' ■. •ha sae im Eno ___ III III ► Mall :-.c • ®�:moo.mp'■■ ■j ����7 p■e■e■e■e■e■ieiei'eeieieiei■i•i 0 �r)�3 •� � /:::::::::::::::::::::::**■� ®I;: elii'�� i /® a�� ��' eeeeeeeeeeeiee°e° z �� ���.kiM-Fi eeeeeeeeeeee�oe•■-' tIp AMIN•.■■11/ .. ♦****::......._._ `�11- e�ese�eseseseieoe�eoeoeieieiei o�� P;66 oea PQ®�,®eeeeeeeseeseeeseeeee` "'f'1 VA °0,4 4 ©ea:o°eeeseeseseseieseseseiei ,1 e oeeoeeoeee♦ t/#11000000eeeeeeee♦� � Do®eeeeeeosoeesoeooeeee°eeeesei III ^ see•�� ■ it? /1111 reii:' ES ,,,, :41111-NE en sr-imi-mig . 11.0 mi . mum lit ,___j • 11m a _ „ ., 4r;:min ∎•. ■•• Imo■■■■I/ IMI T:.- , MI W • / w .:„ --T ∎.:„ T 4 ■11111 o■ ♦ ♦ Juifli. f f x• ''. 4/ AvW■Vvicel II 0-vi.k.so,“ ct . 4 .. . , . , IIIL �4�� !41I1:1::jj ___® ♦ \\� 1 itiffi I- . 1 : ■■ Iii ' DURHAM RD ��,, LIEM jr:::: w I W 0 •III • I . 1 II_II Proposed Comprehensive Plan Map Amendment, H � Zone Chanpa,and Planned Deevebpment Overlay i om s Vicinity MP p Low Density/R 4.5 to Medium Density%R-7(PD) Note: Map is not to scale ,�;�o�o�o�o�;�o�,.oa p0000000000000000eoa Proposed Zone Chanpe and Planned Development N o000motow �o0 0 0 0 0 00_0, Overlay from R-12 to R-7(PD). O• Agenda Item: S• Hearing Date: June 17. 1996 7:30 PM RT::>:TO: .T . • PLANNING:<COMMISSION :.;:::., F.O . R TH Ci :< :<:: : . .. ... _ .. ....... .._ F...TtGARD :OREGON;<::,:.:..: . . :: :: .. . ...:. .: :; SECTION I: APPLICATION SUMMARY CASES: FILENAME: SATTLER Comprehensive Plan Amendment CPA 96-0004/ZON 96-0003/ PD 96-0002 PROPOSAL:The applicant has requested a comprehensive plan amendment, zone change and planned development overlay from Low Density Residential/R-4.5 to Medium Density Residential/R-7(PD) on 18.52 acres and a zone change and planned development overlay from R-12 to R-7(PD) on 9 acres of property at the southwest corner of Hall Boulevard and Sattler Street. APPLICANT: Matrix Development Company OWNERS: Edward J. Sattler, Jr. 6900 SW Haines 8800 SW Sattler Street Tigard, OR 97223 Tigard, OR 97224 Lillian E. Sattler 15245 SW Hall Blvd. Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (9 acres) and Low Density Residential (-18.52 acres) ZONING DESIGNATION: R-12 (9 acres) and R-4.5 (18.52 acres) LOCATION: West of Hall Boulevard and south of Sattler Street (WCTM 2S1 11 DA, TAX LOTS 100, 200 and 300). APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code Chapters 18.22, 18.32 and 18.80; and Oregon Administrative Rules Chapter 660 Division 12. STAFF REPORT CPA 96-0004 • Page 1 • • • SECTION II: STAFF RECOMMENDATION: Staff recommends that the Planning Commission finds that the proposed amendment/zone change/overlay satisfies all relevant review criteria and will not adversely affect the health, safety and welfare of the community, and that it forward a recommendation to the City Council for APPROVAL of CPA 96-0004/ZON 96-0003/PD 96-0002. SECTION III: BACKGROUND INFORMATION Site History: The entire site, consisting of 27.52 acres, was annexed to the City in March of 1982 and designated as Urban Low Density with zoning of R-5 (eastern 9 acres of site including tax lot 300 and two-thirds of lot 100) and R-7 (western 18.52 acres of site including tax lot 200 and one-third of lot 100). At the time, R-5 denoted 5,000 square foot minimum lot size and is equivalent to the City's current R-7 (7 units per acre/5,000 square foot minimum); R-7 denoted 7,000 square foot minimum lot size and is equivalent to the City's current R-4.5 (4.5 units per acre/7,500 square foot minimum). The current zoning map, therefore, should show the eastern portion of the property as R-7 and the western portion as R-4.5. However, the eastern portion is shown as R-12 (12 units per acre/3,050 square foot minimum lot size). See below under Section IV, Policy 1.1.2 for explanation of this discrepancy. There have been no other actions staff could find related to this property, including a zone change from R-7 (formerly R-5) to R-12. Vicinity Information: The three affected parcels are located. ast-of Hall Boulevard and south of Sattler Street (Attachment A). The properties to the north across Sattler Street are designated as Low Density Residential with a zoning of R-4.5(PD); to the east (across Hall Boulevard), south and west are properties designated as Medium Density Residential and zoned R-7. All of these areas are developed as subdivisions. One parcel immediately adjacent to the site along Hall Boulevard to the south is zoned R-12 and contains a single- family residence. Site Information and Proposal Description: The `L' shaped site is comprised of three tax lots. Parcel 100, abutting both Hall and Sattler, is 12.65 acres with a single-family residence and farm buildings; the remainder is open grassland. Parcel 200, the western portion of the site, is 14.57 acres and used as pasture land. A single-family residence is located in the northwest section of the parcel. Parcel 300, located along Hall Boulevard, is 0.30 acres and contains a single-family residence. There are two identified wetlands on the site totaling 0.78 acres. They have been described by the City's Local Wetlands Inventory as farm ponds with no adjacent tree vegetation, the shrubs totally grazed by cattle and emergent vegetation as not recognizable. They have received the lowest functional value of any wetlands in the City. Further, in a letter from the Division of State Lands to the applicant's wetlands consultant, dated May 16, 1996, the Division's Wetlands Program Leader refers to these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. STAFF REPORT CPA 96-0004 Page 2 ei • • The applicant requests a comprehensive plan map amendment, zone change and planned development overlay from Low Density ResidentialR-4.5 to Medium Density Residential/ R-7(PD) on the western 18.52 acres; and a zone change and planned development overlay from R-12 to R-7(PD) on the eastern 9 acres. A written narrative has been submitted by the applicant in support of the request. If the proposal is approved, the applicant has expressed a desire to develop a neo-traditional subdivision on the site. There are no plans or submittals, however, pertaining to a subdivision development as part of this application. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: General Policies: Policy 1.1.2 requires that in order to approve quasi-judicial changes to the comprehensive plan map, the.City Council must find: 1. The change is consistent with applicable plan policies; 2. A change of physical circumstances has occurred since the original designation, or; 3. A mistake was made in the original land use designation. The proposed comprehensive plan map change from Low Density to Medium Density Residential is consistent with all applicable plan policies (see below). . The applicant makes cases both for a change of physical circumstances and a mistake_to meet this criterion. The change argument is based on two circumstances (see applicant submittal, pages 17-20). Staff does not consider the first circumstance to constitute a physical change. The applicant states that an R-12 area southeast of the site has developed as single-family homes with smaller lots to a density of approximately seven units an acre only. This may be the case, however, it is not a physical change which is cause for a zone change to the affected site. The development at seven units an acre is allowed under R-12 zoning. The second argument, based on a staff recommendation to the Planning Commission and City Council in 1987 to `upzone' the R-4.5 portion of the site, which was denied, claims that the findings given at the time are no longer valid due to changed circumstances. A denied recommendation for a city-initiated zone change by itself.does not qualify for a physical change of circumstance. Staff agrees, however, that changes have taken place since this portion of the site was zoned R-4.5 which enhance its ability to accommodate medium density housing. Since the site was assigned R-7 (equal to current R-4.5) zoning in 1982, the following improvements to the transportation system that serves the site were planned and implemented: • Intersection improvements (1989) and signal installation (1992)"at Bonita & Hall; • Widening of Durham Road between Summerfield and Hall (1990); • Widening of Durham Road 0 between Hall and Upper Boones Ferry Road (currently under construction). • Transit service initiated by Tri-met along Hall Boulevard (1993) STAFF REPORT CPA 96-0004 Page 3 • • The site now meets all criteria for Medium Density under the Comprehensive Plan's Locational Criteria section (see Locational Criteria, Policy 12.1.1(2) below). The applicant states that a mistake has been made in the zoning designation on the R-12 eastern portion of the site (see application, page 20). Staff agrees that a mistake was made in changing the Comprehensive Plan and zoning from Urban Low Density/R-5 to Medium Density/R-12. R-5 is a former City designation which meant 5,000 square foot minimum lot sizes and is equivalent to the current R-7 designation. The City Council initiated annexation of this site in August of 1981 and assigned R-5 zoning. The Boundary Commission approved the annexation request in March of 1982. The Interim Zoning Map of 1983 and all zoning maps thereafter, however, show the-eastern portion of the site zoned R-12. Staff could find no official record, including staff report and findings, regarding the rezoning of this area from R-5 to R-12. For this reason, staff believes that an error was made in reassigning an R-12 zoning to this site. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The notice for the planning commission hearing was sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on March 19, 1996, for property owners within a 250-foot radius of the affected property and other interested parties. This policy is satisfied. Housing: Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. It is primarily implemented through OAR 660-07, the Metropolitan Housing Rule. The rule requires the city maintain sufficient residential buildable land to provide the opportunity for at least 50% of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. Because the R-7 zoning district is included in the range of zoning districts (R-7 through R-40) used by the City in the calculation of attached single-family or multi-family housing, the net affect of the zone change would result in an increase from 77% to 78% of new units being of this type. In addition, there would be one additional unit of housing added to the City's inventory under the proposed rezone. The proposal would not, therefore, affect the City's current housing opportunity index of 10.46 units per acre. This policy is satisfied. Transportation - Traffic Ways: Policy 8.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. As a directive to the City, this policy requires planning for a street system that can meet current and future needs based on the land uses it must support. Hall Boulevard has been designated as an arterial and Sattler Street a Minor Collector on the City's Comprehensive Plan. Transportation Map. These designations support the existing zoning of the subject site. Under the proposed zoning, the residential development potential is virtually the same as that under the existing zoning. Based on the City's density calculation method, the existing zoning could yield 190 units and the proposed zoning could yield 191 units on the site. Upon development of the site under either scenario, the developer will be required to dedicate necessary rights-of-way(s) and STAFF REPORT CPA 96-0004 Page 4 • • install the necessary street improvements to implement the street standards of Hall Boulevard and Sattler Street which will maintain a safe and efficient roadway system. This policy is satisfied. Locational Criteria: Policy 12.1.1(2) provides the locational criteria for designating land as Medium Density Residential on the Comprehensive Plan map. It is intended that the locational criteria be construed in a flexible manner, in the interest of accommodating proposals which, though not strictly in conformance with the applicable criteria, are found to be in the public interest and capable of harmonious integration into the community. The burden of proving conformance of the proposal with the criteria varies with the degree of change and impact on the community: the more drastic the change and the greater the impact, the more strictly the criteria should be construed. The applicable locational criteria with findings are as follows: A. The following factors will be the determinants of the areas designated for medium density on the plan map: (1) Areas which are not committed to low density development; The surrounding area is zoned for a mix of low and medium density development: To the north of the entire site and south of the western portion of the site are Low Density Residential districts; to the east, west and southeastern portion of the site are Medium Density Residential districts. This area is not, therefore, committed to low density development. (2) Areas which have direct access from collector or arterial streets; The site has direct access to Hall Boulevard, an arterial, and Sattler Street, a minor collector. (3) Areas which are not subject to development limitations such as topography, flooding, poor drainage; The site is not constrained by development limitations. The two wetland areas identified in the City's Inventory are farm ponds with no adjacent tree vegetation, totally grazed by cattle and contain no recognizable emergent vegetation. They have received the lowest functional value of any wetlands in the City. The letter from the Division of State Lands considers these water bodies as stock ponds and states that there is no wetland area surrounding the ponds. (4) Areas where the existing facilities have the capacity for additional development; The existing facilities and services have adequate capacity to accommodate development at the site. The proposal would allow virtually the same number of residential units as the existing zoning. Sanitary sewer, storm and water lines are located in Hall Boulevard, Sattler Street and 88th Avenue. The street system is designated to handle additional traffic. The detailed analysis and evaluation of service capacity and needed improvements will be addressed as part of the development review process. STAFF REPORT CPA 96-0004 Page 5 • • (5) Areas within one-half mile of public transportation; and Tri-met bus service is available along Hall Boulevard. (6) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas. The proposed area can be adequately buffered from the low density residential area on the north side of Sather Street and along the southern boundary of the site through the density transition, buffering and screening requirements of the Community Development Code. These requirements would be addressed during subdivision review when an application is submitted to the City. Based on the above facts, Policy 12.1.1(2) is satisfied for locating a Medium Density Residential area on the western portion of the subject site. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Amendments to the Title and Map: Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community; The applicable plan policies related to the proposal are reviewed above under Compliance With Comprehensive Plan Policies. Based upon the facts and findings in this report, staff has determined that the proposed amendment and rezone will not adversely affect the health, safety and welfare of the community. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances; The Tigard Comprehensive Plan has been acknowledged, therefore, specific review of each statewide planning goal is not necessary. Notice of this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. The applicable standards of any provision of this code or other applicable implementing ordinance; Code section 18.52 (R-7: Single-Family Residential) contains the standards for the R-7 zone. The proposed site could meet the standards listed under Dimensional Requirements (18.52.050) and Additional Requirements (18.52.060), including the residential density transition provisions of 18.40.040, for a single-family development. Specific future site development improvements will be reviewed through the subdivision procedures to ensure consistency with Community Development Code standards. Evidence of change in neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. See above under Compliance With Comprehensive Plan Policies, Policy 1.1.2. STAFF REPORT CPA 96-0004 Page 6 1 . • Procedures for Decision Making - Quasi-Judicial: Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi- judicial plan amendments. The application has been processed in accordance with Code Sections 18.32.020, 18.32.050 and 18.32.060; a hearing has been conducted by the Planning Commission according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. Planned Development: Section 18.80 of the Community Development Code sets forth the approval process and elements of a planned development overlay designation. Section 18.80.015 states that this overlay zone shall be processed in the same manner as a zone change under the provisions of Chapter 18.32 (Procedures for Decision Making: Quasi-judicial). This application is indeed being processed according to Chapter 18.32. The proposal also meets the requirements of Section 18.80.060, Planned Development Allowed and Disallowed, because the affected site is classified as a developing area. The remaining requirements of this code section, which address implementation of the Planned Development overlay, will be reviewed upon submission of a development plan. This policy is satisfied. COMPLIANCE WITH STATE AND REGIONAL REQUIREMENTS: Oregon Administrative Rule: Section 660-12-060 requires that comprehensive plan amendments which significantly affect a transportation facility shall. assures, that allowed land uses are consistent with identified function, capacity and level of service' of the facility. The proposed amendment/zone change would result in a net change of one' additional residential unit allowed on the site. This change would not significantly affect a _ transportation facility. ODOT agrees.and did not require or request a traffic study of the proposal. This rule is satisfied. SECTION V: AGENCY COMMENTS - ODOT has reviewed this application and informed staff that the proposed change is not significant under OAR 660-12 (Transportation Planning Rule) and, therefore, did not submit comments. SECTION VI: OTHER COMMENTS The Summerfield Civic Association submitted comments which are included as Attachment B. SECTION VII: STAFF COMMENTS The Engineering Division, Water and Police departments have reviewed this application and have no comments or objections. STAFF REPORT CPA 96-0004 . Page 7 • • June 5. 1996 PREPARED BY: Ray Valone DATE Associate Planner June 8: 1996 APPROVED BY: Nadine Smith DATE Planning Manager I:\C U R PLMRAY\C PA96-04-STF • STAFF REPORT CPA 96-0004 - Page 8 • _ . . ATTACHMENT A i' • . • .41111■ AU. 4.... SkioiE r IIIIII XI -----; ,, cm aco names . , ' a ., I 11 R L117- 3NG,s 4 O . WEST- • 6 I 411kruL___, 1 1 l=nI 41111 :0 rn cis\-- -C---"1 7: Aillill . R z • I IIII7 r .4# V.-WW1/AV IPAPP■•e■w■w■- •••••••••••••••41 CO T--' I I !. I 1• I ■•••••••••••••••- ! 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' --"I '// 11111 I ; • !. \ \ -•\ r--- HI I ' i • • ., !----- Cii--....H I I : : • : ! " ! 1 \ \ . 1 ! 2 •111 ■Iii :: i I I !I ; 1 i i ' ! ! H • -•-• I i ' I ' , • 11 1 ; • 1111 . 1 DURHAM ! .... : • t. • • • • • RD ._— 1.— Lim 0 • ! 2 ; :112.1---', : !------4 I= . • : 1>—__.: : 21— ii : ; ' .• ! 1 >II . . . . . , . ; 1 ■ ! ; I tn 1 FM"• I Proposed Comprehensie Plan Map Amendment. Vicinity Map :\- 1, :::::::::::**$ pz22:::::ceehdnasznif Re.ac-475:3:::mnaaentcpmei:fen::tYoaienR::71 o(v:ecmd):::am 1111.11111.1. Note: Map is not to scale 0 I N ..:46.W.Mot4t4 Overlay fro m P.12-to R- (PC). • ATTACHMENT B • 5ummerteld/cp 'ic ASSOCIATION 10650 S.W. Summerfield Drive Tigard.Oregon 97224 620-0131 May 29, 1996 Mr. Nick Wilson, Chairman Tigard City Planning Commission City Hall Tigard, OR 97223 Re: Sattler Property Re-zone &Development (Matrix Development) Dear Mr. Wilson: Representatives from Summerfield have studied the very preliminary sketches now available showing Matrix Development's general use of the Sattler Property. On the basis of this early presentation, there are two major problems emerging which we feel will need careful study during the forthcoming City review processes. Following is a brief statement of these two concerns. If needed, we can provide additional information at the proper time. 1—The proposed zone change for the Sattler Property, as presently submitted by Matrix Development, seeks to change the western segment of the project from Zone 4.5 to Zone 7, with the further planning flexibility provided by an additional Planned Overlay Development. Such a zone change would have a serious impact on the existing Summerfield border properties abutting the western edge of the Matrix Project. Those immediately adjoining properties were purchased with the natural expectation that any future houses built to the east would be constructed in conformance with Zone 4.5 code requirements, and property prices were certainly increased in recognition of that very pleasant and desirable expectation. Now, with the sudden proposal to increase the density to Zone 7 _ PD, property values will clearly be depressed below that which would have been expected under the present Zone 4.5 requirements. With the request for higher density zoning, it is obvious that the Developer is planning to cluster the houses closer together on lots that will then be substantially smaller than originally required; further, they will surely be of a less expensive design than would have been possible had the original larger lot size been retained. In fact, if the Planned Development Overlay is also approved. the final density in this pan of the project could be even greater than 7.0 in order to make up for unexpected losses in buildable land to the east. Summerfield residents recognize this situation and are concerned about their Ioss in property value due to the substantial crowding beyond that which would have been controlled by the existing Zone 4.5 requirements. • • 2—At the first public meeting with the Developer, he also stated that they plan to build two-story houses on this land. That brings us to the second major concern relating to the great disparity in overall heights of the new two-story houses when compared to the immediately adjoining one- story Summerfield houses. By way of explanation, the existing abutting houses in Summerfield are primarily one-story units, built according to the popular designs of the 1970's, with a purposely accentuated very low profile, low bases, low eaves and low pitched roofs. Whereas, we were told that the proposed project will be designed as two-story units, certainly with the 1990's look, which is purposely accentuated for a very high profile, high bases, high entrances and steeply sloping high roofs. As a result, this wide disparity in height will create a long, tall wall of houses, thirty to thirty-five feet high, contrasting badly with their very low Summerfield neighbors immediately to the west and presenting an awkward, unpleasant transition in neighborhood design. Because of the resulting gross disparity in height of these closely adjacent projects, this letter will ask that a "transition zone" be planned at their meeting line in accordance with the spirit of Building Code Chapter 18.40.04—Section A. which requires such a transition zone between existing property and a proposed development if their densities are significantly different. In this case, it is not only the density increase that is of concern, but also the abrupt and wide difference in height of a number of immediately adjacent houses. The obvious solution to this problem is to plan that the first tier of new houses adjacent to the west line, approximately seventeen of the planned one hundred fifty-three, be built as today's one-story houses, at least on those lots adjacent to one-story Summerfield houses. Of special interest to the Developer, such a requirement for a few one-story houses could be of actual benefit to him in that it would open up his potential market for a small part of the project to those older persons who do not want two story houses. Clearly, the fact that most of the Summerfield houses are one-story units is proof that most older buyers prefer such. If it developed that some of these new one-story houses along the Summerfield side were occupied by older buyers, the transitions in occupant's age, and building design and height would all be enhanced, an obvious plus for the Developer, the abutting Owners and the City Planning process. Finally, to summarize our position: 1—Summerfield is being asked to accept two major changes, both of which will devalue our adjoining property. The first is the zone change which will result in substantial additional. crowding and its companion drop in livability level. The second is the construction of a tall wall of two story houses immediately adjacent to our very low one-story designs, resulting in an awkward, unsightly junction and an unpleasant overpowering adjacent presence. 2—In spite of these two deep concerns, but in a spirit of fairness and cooperation, we have decided not to challenge the zone change. Having taken that stand, however, we are asking the Developer, in turn, to make a modest change in his plans with the construction of approximately seventeen one-story units along the west edge. We feel that this trade-off is a fair and equitable exchange and of equal benefit to both parties. By copy of this letter to the Developer, we are asking for his agreement to this solution. 3—If we are unable to resolve this exchange with the Developer, this letter will then ask that the City support this fair compromise during their forthcoming plan reviews and approvals as is their authority at those times. • • • • ti Please let me Imow if we may be of help with additional information. Also, please understand that our only goal here is to assist in insuring that this new development will become a visual asset to the adjoining neighborhoods and a positive improvement to this area of the City. Thank you for considering our position. Sincerely yours, Ron Pheister, President Summerfield Civic Association cc: Larry York, Matrix Development 4 1f: • • RECD JUN 03 1995 5ummer e CIVIC ASSOCIATION 10650 S.W. Summerfield Drive W V Tigard,Oregon 97224 620-0131 May 29, 1996 Mr. Nick Wilson, Chairman Tigard City Planning Commission City Hall Tigard, OR 97223 Re: Sattler Property Re-zone &Development (Matrix Development) Dear Mr. Wilson: Representatives from Summerfield have studied the very preliminary sketches now available showing Matrix Development's general use of the Sattler Property. On the basis of this early presentation, there are two major problems emerging which we feel will need careful study during the forthcoming City review processes. Following is a brief statement of these two concerns. If needed, we can provide additional information at the proper time. 1---The proposed zone change for the Sattler Property, as presently submitted by Matrix Development, seeks to change the western segment of the project from Zone 4.5 to Zone 7, with the further planning flexibility provided by an additional Planned Overlay Development. Such a zone change would have a serious impact on the existing Summerfield border properties abutting the western edge of the Matrix Project. Those immediately adjoining properties were purchased with the natural expectation that any future houses built to the east would be constructed in conformance with Zone 4.5 code requirements, and property prices were certainly increased in recognition of that very pleasant and desirable expectation. Now, with the sudden proposal to increase the density to Zone 7 + PD, property values will clearly be depressed below that which would have been expected under the present Zone 4.5 requirements. With the request for higher density zoning, it is obvious that the Developer is planning to cluster the houses closer together on lots that will then be substantially smaller than originally required; further, they will surely be of a less expensive design than would have been possible had the original larger lot size been retained. In fact, if the Planned Development Overlay is also approved, the final density in this part of the project could be even greater than 7.0 in order to make up for unexpected losses in buildable land to the east. Summerfield residents recognize this situation and are concerned about their loss in property value due to the substantial crowding beyond that which would have been controlled by the existing Zone 4.5 requirements. S • 2---At the first public meeting with the Developer, he also stated that they plan to build two-story houses on this land. That brings us to the second major concern relating to the great disparity in overall heights of the new two-story houses when compared to the immediately adjoining one- story Summerfield houses. By way of explanation, the existing abutting houses in Summerfield are primarily one-story units, built according to the popular designs of the 1970's, with a purposely accentuated very low profile, low bases, low eaves and low pitched roofs. Whereas, we were told that the proposed project will be designed as two-story units, certainly with the 1990's look, which is purposely accentuated for a very high profile, high bases, high entrances and steeply sloping high roofs. As a result, this wide disparity in height will create a long, tall wall of houses, thirty to thirty-five feet high, contrasting badly with their very low Summerfield neighbors immediately to the west and presenting an awkward, unpleasant transition in neighborhood design. Because of the resulting gross disparity in height of these closely adjacent projects, this letter will ask that a "transition zone" be planned at their meeting line in accordance with the spirit of Building Code Chapter 18.40.04--Section A. which requires such a transition zone between existing property and a proposed development if their densities are significantly different. In this case, it is not only the density increase that is of concern, but also the abrupt and wide difference in height of a number of immediately adjacent houses. The obvious solution to this problem is to plan that the first tier of new houses adjacent to the west line, approximately seventeen of the planned one hundred fifty-three, be built as today's one-story houses, at least on those lots adjacent to one-story Summerfield houses. Of special interest to the Developer, such a requirement for a few one-story houses could be of actual benefit to him in that it would open up his potential market for a small part of the project to those older persons who do not want two story houses. Clearly, the fact that most of the Summerfield houses are one-story units is proof that most older buyers prefer such. If it developed that some of these new one-story houses along the Summerfield side were occupied by older buyers, the transitions in occupant's age, and building design and height would all be enhanced, an obvious plus for the Developer,the abutting Owners and the City Planning process. Finally,to summarize our position: 1--Summerfield is being asked to accept two major changes, both of which will devalue our adjoining property. The first is the zone change which will result in substantial additional crowding and its companion drop in livability level. The second is the construction of a tall wall of two story houses immediately adjacent to our very low one-story designs, resulting in an awkward,unsightly junction and an unpleasant overpowering adjacent presence. 2--In spite of these two deep concerns, but in a spirit of fairness and cooperation, we have decided not to challenge the zone change. Having taken that stand, however, we are asking the Developer, in turn, to make a modest change in his plans with the construction of approximately seventeen one-story units along the west edge. We feel that this trade-off is a fair and equitable exchange and of equal benefit to both parties. By copy of this letter to the Developer, we are asking for his agreement to this solution. 3--If we are unable to resolve this exchange with the Developer, this letter will then ask that the City support this fair compromise during their forthcoming plan reviews and approvals as is their authority at those times. Please let me know if we may be of help with additional information. Also, please understand that our only goal here is to assist in insuring that this new development will become a visual asset to the adjoining neighborhoods and a positive improvement to this area of the City. Thank you for considering our position. Sincerely yours, Ron Pheister, President Summerfield Civic Association • cc: Larry York, Matrix Development • • • Mr. Ray Valone Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97224 RE: Proposed Comprehensive Plan and Zoning Code Amendment to Property located at the southwest corner of Hall Blvd. and Sattler St. ( also known as tax lots 100, 200 and 300 NE 1/4 SE 1/4 Section 11, T2S R1W W.M.). Mr. Valone, Mallard Lakes Homeowners Association (located just north of above tax lots) fully supports the proposed amendment to the comprehensive plan and zoning map which creates one single zoning of Single-Family Residential (R-7) for the above tax lots so that Matrix Development an develop the area with single family residences. Please keep us informed of any upcoming meetings or announcements that relate to the above mentioned amendment. f Respectfully, Mark Fusick, President Mallard Lakes Homeowners Association 14873 SW 91st Tigard, OR 97224 503-684-5362 cc: Chris Eaton, W&H Pacific Larry York, Matrix Development JUN-19-1996 16:22 STUSSER ELECTRIC P.01 • Stusser Electric ATG Automation Technology Group 7550 SW TechCenter Drive Portland OR 97223 To: Company: L'r 9 Phone: 673 -W / Fax: 7297 From: Mark Fusick Company: Stusser Electric ATG Phone: 503-624-7317 Fax: 503-624-8734 Date: Pages incl. cover page: Notes: 1 I 1 JUN-19-1996 16 23 STUSSER ELECTRIC P.02 • i Mr. Ray Valone Long Range Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97224 . RE: Proposed Comprehensive Plan and Zoning Code Amendment to Property 1.Gated at the southwest corner of Hall Blvd, and Sattler St. ( also known as tax lots 100, 00 and 300 NE 1/4 SE 1/4 Section 11, T2S R1W W.M.). Mr. Valone, Mallard Lakes Homeowners Association (located just north of above tax lots) fly supports the proposed amendment to the comprehensive plan and zoning map hich creates one single zoning of Single-Family Residential (R-7)for the above taxi. s so that Matrix Development an develop the area with single family residences. Please keep us informed of any upcoming meetings or announcements that relat- to the above mentioned amendment. Respectfully, 7 Mark Fusick, President Mallard Lakes Homeowners Association 14873 SW 91st Tigard, OR 97224 503-684-5362 cc: Chris Eaton, W&H Pacific Larry York, Matrix Development • - . . -,...:-..,-:....:-....•:7"-;.:.:,.........•-4,1,-,-,,,,......,.,•-•:-.,,e,;,., „, "•"..-------.-..,•' .- -- -,- ';'_';':7:2:-.-..:"' '7,..:. i:',;"-..'.'...,:r.7-•". ....,,,-..--1: , .,,:,..1.4,•.7.47....b....--4.;,....,..:..,......-:-, :.-:.t.,...-,._. ' :. 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Specified change in Density-. Current Density::: - :,--•t...• Proposed Density . ,4-•-• . • .• • -,• •.::•-10,:-. .--. .• .. . - • _ .. -,., - • • .• ..,... " - •• . ••1,-10,••••12 ---- ..-- • ---.,•-• --.b , - • - - -- -1. ., . •::'.. 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" '..'',.•" •''..• •1:f'••••• -.•-•-.'.'.- --.L o ca•i C'.•on'tac•t• i Rar:Va 1 on-- •e••" . •• • -- . , •:••• • • _. Phone- 639-4171 • Li ....... .. . . . . . . • . • Address: City of Tigard.,' 13125 SW Hall-Blvd.,. Tigard, OR 97223 ' .. - - .... ._... ..,....._.... . . . . . • . . . ..,• - ..- •-- . _ • . . - • • • • _ . • . . . . • • ,--- - ---• •• - . .• - •••• • :::7:..-•-•••,-;:•:-.,,.:.:.-r,„:.:.,,-,.. ,,,,...•,.•-- ... .. ••. • • .• - - . . .. . • ... - . . . . . . DLCD File • • . . • - # • . - Date Rec'd .....•• ,... • Y:•-: . .#Days Notice -.• • • . . • . . .. • , . C) u-- — - - — i 4 . vic:6 . -< • 1 ,T77-'.-- . . s , ---.-: -----I ---- -- 7 1 1 • .,../.- . V, ...........7 ::.-._- -1_-.- •— •-- -1.i , , 2 : :(-., ,.... . ".:I I , 1 ,, — . . - , \'/ ' - , \ 1 0 0. ,,. ..., , .. 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I 1.1) 11111 1 .11 . • 0 TF4.. : _ Iii__. .. . 1.._ _ ' .- — : ' 8T7ir 1 _[ •-•/ - ,, .,4,ko,ip ... J.. .... \ 7.0.7e,V . ..--'--:. :.-...- \-. z\V 4.- - °. 444i • . 1- I-"l-i i \i -- ..•4 .••• ,....4,4 • .-/'\\\1("1 ....4 • . ,. . --- ,-.:( \-.> '‘ V___ •••• 4■••1 •••• •f.P) - - •---...2 ■. •S. , -TrlilArri L.:- :-L- ..,ow i .//.\\\ -: S.-I r ..,, i •.•••.. • ... . „:„...i_Liiir 1 • •.1 _ ( I I '. - • ..- • • \ •', lo* 4... . , .- •: _ . <:.. .! . . ..***,■ 1 - - . _ .11 . A._ 4. Vgi■ • ..// \ \ I , . • ' . t -■-•..4.t Alt.■ . ..i \ 1 N I I .1.- 1 I SW85THAVE .. _.., .. . 2N' Er) ----, . .. .... . ......._ 1 z I - .., i\,s,s_i) ./<_:/.4 . i LI, 1 .-- ... 21 .._ ___. • ___ipi„_ . ,.. . . . ,. _.._. , ..,,,,, .-.: ::::: \-•....., ..•• ..;;...,- r.,._• . •..., ._ _ . .. .10 71) •••• ••_ •341Hr...\ . ..._1 xv . .... ••___ L___ \ / . 1 •__ __ .._ ,‘„, ,,. / . .•• / s -- ----.- i • : -. ti -1-.._-_: , .._ ... )• _ , , '11.(Ji-; _ •----,-8ig. E§.n; I -.7.-ii -.1 1 --- I• 1 1 HI --1—1 1 s) ia i ,;-is' -ii- -- • . ____ ____,____ ____.. ._ -- -- - . _q.-- ----..2:-_-_:-_-- •-- 1... I I I i to-MHO_, , --- ,,------- NI 1 I 1 1 3i0,1 U:)--V"4- 1 r 1 1 1---- f 0 -i i--1-1 __ • "- - - • • iscrIftEp/1.11-1-11K—I- .2,( 1111 5‘. .9,. .i . CITY OF TIGARD PLANNING DEPT. si±.:, 5 • P 474" 569 751 US Postal Service Receipt for Certified Mail , No Insurance Coverage Provided. Do not use for International Mail(See reverse) • Sent to DLCD street&Nynlge[ COURT ST, NE Post offue $t EM, Code 97310-0590: ril z 2 Postage 55 r 0 ` Certified Fee 1 I f u • fcC Special Delivery Fee ' Restricted Delivery Fee 0) 1 Return Receipt Showing to , ( d Whom&Date Delivered . Return Receipt Showing to Whom, < Date,&Addressee's. U 0 r / ci O TOTAL Po -.: , -s ��rkO _ / Postmark 0,b:,: ."1� O 0 o °- '1986 d SENDER: :0 •Complete items 1 and/or 2 for additional services. I also wish to receive the rn •Complete items 3,4a,and 4b. following services(for an C •Print your name and address on the reverse of this form so that we can return this extra fee): I a`t card to you. ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address '- 1 d ■permit. Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery N ✓ ■The Return Receipt will show to whom the article was delivered and the date a o delivered. Consult postmaster for fee. at a ✓ 3.Article Addressed to: 4a.Article Number w d P 4 7 4 569 751 51 cc 0. E 4b.Service Type e«'. O ❑ Registered Certified c 2 DEPT. OF LAND CONS. & DEV. ❑ Express Mail ❑ Insured .S w 1175 COURT ST. NE ❑ Return Receipt for Merchandise ❑ COD c° SALEM, OR 97310-0590 7.Date •r hr v��yy 6Ij g" o z > , m 5.Received By: (Print Name) 8,Addressee's Address(Only if regi0d 1 ' w and fee is paid) t� . cc i- ' ' 6 re: (Add ess r Agegt)• 1 o >. / l . 3811, December 1994 Domestic Return Receipt 04/17/96 08:58 $5037318259 ODOT - REGION 1 Z001/002 SFAX DATA SNEER' �TO: - DATE: TIME: IV MM®1I: T 1 ,! 1. 9.' Ytv✓1 i II 1 LOCATION NO. OF PAGES (including cover page): , ! r FROM: . . �. FAX NO.: DO , REGION.1 b R/14— .-'age 123 NW Flanders Portland, OR 97209-4037 FAX (503) 731-8259 (If not received' correcitly, call (503) 731-8200) ' Message: Special Instruction: I (] Confidential [] Urgent - [] Please reply [] For your info ation [] As requested li 04/17/96 08:59 V5037318259 ODOT - REGION 1 l 002/002 r -1 • • , . Ill I 0 - • on i . . April 17,119§6 City of Tigard Plann, g Department DEPARTMENT OF 13125 SW Hall Boulevard TRANSPORTATION Tigard, OR 197223 • Region 1 Attention: , Ray Valone PLA-9-2A-TIG Subject: . Comprehensive Plan Amendment, Sattler at Hall Boulevard FILE CODE: ODOT has reviewed the proposal for the plan amendment and we have comments regardm'g the applicant's traffic study. Our comments are: • For the comparison between the existing and proposed zoning, the traffic study trip generation rate ilssumed higher density development with "smaller households." This adjustmentican be used only when the household size is known to be between two and three people. According to the ITE trip generation manual "...if residential characteristics not available, then the average rate...would be utilized." • ODOT does not typically allow this adjustment for general residential developments, and there is no indication or assurance the proposed development would average less!thin three people per unit; therefore, it is inappropriate to arbitrarily incorporate tripadjustment. • Without these adjustments, the proposed land use change is expected to result in a significant incre se in trip generation for this parcel. • Traffic from the roposed development will access Hall Boulevard via Sattler Street, withoutldirect a cess to Hall Boulevard. • , Sattler Street in ersects Hall Blvd. approximately 100 feet south of the Ross St. intersection, crating a closely-spaced offset intersection, which is undesirable from a traffic operations and safety perspective. To improve the situation, the side-streets should either be located directly across from eachother, or they should be offset further (300 feet or more). • It is recommended that the City require the applicant to evaluate both options with respect to access spacing, signal spacing (if applicable), and traffic operations, assuming full buildout of the subject property, the adjacent property to the south, and the vacant property east of Hall Boulevard, surrounding Ross Street. Thank you for the opportunity to provide comments. If you have questions please call me at 731-:'8232. If there are questions regarding traffic operations, please call Marty Jensvold at 731-8219. Ai yip- Laurie Nicholson, Senior Planner ■,�_;,� ODOT De' elopm ht Review _ _ ' i I 1 1 123 NW Flanders Portland, OR 97209-4037 (503) 731-8200 Form 7341850(11/94) . 1 FAX(503) 731-8259 j , •EQUEST FOR COMMENTS 6 TO: Brian Rager, Engineering ‘241 DATE: May 2. 1996 FROM: Tigard Planning Division STAFF CONTACT: Ray Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multple- Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. Attached is the vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: May 13. 1996. You may use the space provided below or attach a separate letter to return your comments.- If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: ------ VE----- C.2-"C9 Phone Number: 41,- . . iii A CfTT OP TTOARD • = of Sri U» F"-- • uJ . mg w. ` - LINGS ■ .■�. LE E hitt ' I a. If .- • � ■�■ .,�- a 'All Mho ::LER ___ 0 1111=1.i1111110&; 1.11 c MO ►i:i:i:i:i:i:i:i***ta Lim I `�'" +I��%i iii,�'��i�i&ii�i&i�i�iAi,i! Iwu r ►-r.•*∎∎• 4Ar • Z 11 - - . II,,•��is,.. .... Mi .J . ,..... „,„„,, .... .....74. an, I.,,.. �4t.i � � ■1111 , T / o► 41 13.1 C al # x. RN 4 ..-- Py-) ..- , ,' of 1 , y9L >I *Am � �: i J r2f ,� m 1111mID till. CO��� . 111 I __ AS �� 60 �L__, �� I wn � III- . W# . ,,ail ► . , 1 1 i l . ■1111x► DURHAM RD, ■ `— IL I , I I 1-7 0 I • I 177 t 1 i 1 1 H i N >1. F-- Proposed Comprehensive Plan Map Amendment, ��� 4 Zone Change,and Planned Development Overlay I om Vicinity Map Low DensitylR-4.StoMediumDensity/R-T(PD) Note: Map is not to scale -••••••••• :.:.:.:.:.:.:.:.•.:. Proposed Zone Change and Planned Development (100) j N .......... ��_��____� Overlay from R-12 to R-7(PD). 41EQUEST FOR COMMENTS TO: Michael Miller, Water Dept. DATE: May 2. 1996 FROM: Tigard Planning Division STAFF CONTACT: Ray Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multple- Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. Attached is the vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning;Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: WIVE 0.u-tea.- Phone Number: X. '1 „r, CITY Of TIOARD . • .C / r- NPR w. ; LINGS *le n .,�,LE E—^ A ', „' m _ _ — - �I � C1,_ .0■ _ • tali” � w DAWN ,` im ..r C __L-- WEST' • m ' 1111 CD i 111//n1111kUTP AI ran ■ ER milinipillIELIIIIMMIIII . . ........... 0 -, . ..a:E�i ...............................4. w ���. 117,1 _ Liz % ►••••••••••••••41.*...��.��!_.% iararmi 111111100:1. ill'MUNE 1111 Z aIiI�'M %►���•���•�•��••i•••i i`` iii "ii ��,cio L . p.�r. 'nnn 'a t t ........... . - -.• ": �►4�•;►••••••••••- .,,.•...•..•..•••••• � ' z i i••.:..••••i•••••••i••.•.••i �_ • ■•••••4•�••••••••••**•*•••••••• t �� .•_._•.❖.❖.❖.•.�•t•!•!•!. .. /11■40 Z .� : II, .n . -a Q ilii I, immi 1011119 all I 1> No, ii' A nun .0. . , i ,r,,,, , ,, ,m,/ �♦ ♦i � . _T " .:. , : " T ■ z.li xi 111111 _____.81 s. ■d-41.14 011111111 . � , S /4 . I, apt . ms 111161 1 •• OA ,, , Ir: 1 �� �!- ♦ m 11111111 7 ' ' D n CD I ♦ .........I �/!/ , ! 1 I i 1 i 1 . ( , O-.c • H alI► F.-- 1 1 DURHAM RD \ i r- UmNI Jw / > 0 l i I j>,______: i i m >1.1m Tffhill111111 FIE Proposed Comprehensive Plan Map Amendment. tr• Zone Change,and Planned Development Overlay t om Vicinity Map Low Density/R-4.5 to Medium Density/R-7(PD) Note: Map is not to scale .❖.❖.❖.•.� :::•:,•:�:,:•):4 Proposed Zone Change and Planned Development 0 N t��.:i t_. Overlay from R-12 to R-7(PD). EQUEST FOR COMMENTS TO: Kelley Jennings,PD DATE: May 2. 1996 FROM: Tigard Planning Division STAFF CONTACT: Ray Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multple- Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. Attached is the vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: t>PC We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: Phone Number: / , . �j d ! ,,,,,,_, ,"+�' •!` cm of rwa2o • �� N♦ / o I / r'I 1"— W. ; LING 4. , "Wi Q ton E ■ ,,, rn Uni DAWN , ' • alp ig WEST . '.■. U . IIi1 ■■r►7t!4il■ :•c iii 1111s1■ I.....'.'....-•■■■■' MIN � 0 �.��4� ill ►i•i•i•i•i•i•i•i•i•i•i•i•i•i•i•i EMI > ►•i•i�i i�i•i•i•i•i•i•i•i•� �4 'i ' 1.-m ►i:i:i:i:i:i:i�.�i�i�i�i,►�i_�.. AR.� -� :::*•••••`-•• Pu . Jj !iijj3�� ill.... I v. 11W Z .a. I ...a ,. ..m ■I r J Zg73im� , 1.......www. LPN 71 E ... 4444 111 _ ._• „1621 4*/MO MI 0 o miii- * 7,0 , ro 4140. a.k 4,P!Ail ..--, ii. 0. .TN Ct 1 * 4t4/0 ii i*♦ ibl,s. . . CT IIIII Eli � a 1.1111■ 4111111 CeD • 11 H I 1 _ ,v k 1 1 �■■■■re; ■n■r► FIN" / ' j Imi0' .c DURHAM RD i I I )F----� -_ W \ 0 I >Si lIII01 I i c7 ipARTHA 1 11 5 >11- 11 1 II � II 1 11 I Proposed Comprehensive Plan Map Amendment. I- 7:..i.../// Zone Change,and Planned Development Overlay f om Vicinity Map Low Density IR-4.S to Medium Density/R-7(PD) (I.) Note: Map is not to scale ❖.•..❖.�� ��•••�•••••� Proposed Zone Change and Planned Development N ►t.:��.m.t•.ti....•. Overlay from R-12 to R-7(PD). OPOSAL DESCRIPTION FILE NO: CPA 96-0004/ZON.96-0003/PD 96-0002 CITY OF TIGARD OREGON FILE TITLE: SATTLER SITE APPLICANT: Matrix Developmen OWNERS: Edward J. Sattler, Jr. Lillian E. Sattler 6900 SW Haines/Street 8800 SW Sattler Street 15245 SW Hall Blvd. Tigard, OR 97 23 Tigard, OR 97223 Tigard, OR 97223 REQUEST: Amend-t a Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R'-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. CIT: South CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION X PLANNING COMMISSION DATE OF HEARING: 6/17/96 TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: 7/23/96 TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP _ LANDSCAPING PLAN X NARRATIVE ARCHITECTURAL PLAN X SITE PLAN OTHER STAFF CONTACT: Ray Valone (503) 639-4171 x336 2-61 . 41-\ , cod 12c`� t 3"Attachrrient'E-1-1 _. . , c.PA - Tp 5 416 . ' • • _'ii.► CITY Of �" .. A WARD ' OREGON -1 Cli i COMPREHENSIVE PLAN AMYNDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY i • ' ( K i.G A u k AAPLU AT' CASE NO. CPA ?C.-cwLlizo,i 1(,-0C-t,3 ' E-o t S T�G �� OTHER CASE NO'S: fr S �TfAcE�- ^� RECEIPT NO. 41 C-2776/4 F �pvu S> APPLICATION ACCEPTED BY: 1n1 Sug"Az-r-T A L 0 oCAL^4( � DATE: 3f 2c )%, i1. GENERAL INFORMATION _ _ Application elements submitted: PROPERTY ADDRESS/LOCATION SW Hall Boulevard and t/(A) Application form (1) i . SW Sattler Street 1/ B) Owner's signature/written TAX MAP AND TAX LOT NO. NE 1/4 SE 1/4 Section -TE authorization T2S RO1W Tax Lots: 100, 200, 300 1/(C) Applicant's statement SITE SIZE 27.5 Acres (pre-app check list) PROPERTY OWNER/DEED HOLDER* See attached owner's list L, /`D) Filing fee (t -717.50 -)• ADDRESS PHONE Additional information for Compre- iCITY ZIP sive Plan Map Amendments/Zone Changes 1 APPLICANT* Matrix Development f(E) Maps indicating property V s `_ADDRESS 6900 SW Haines PHONE 620=8080 location (pre-app check list) ICITY Tigard, OR • ZIP 97223 /(F) List of property owners and ''- *When the owner and the applicant are different addresses within 250 feet (1) people, the applicant must be the purchaser of record ) Assessor' s Map (1) _ or a lessee in possession with written authorization (H) Title transfer instrument (1) ;- from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or • m:submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: Al2.�t f 2. PROPOSAL SUMMARY • ra- The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: applicable) from low density to medium density res <vtit. 71 Lac..) & i tr;Jt-45 o-) 15 Al zrS A 'o and a Zone Change from R-12 and R 4.5 to 1`titaPi%kr') O EA*rp'A-(z a,.) S.S 4c4 S D. R-7 . N.P.O. Number: OR Planning The applicant requests an amendment to the Pla i g Commission Approval Date: following sections of the Comprehensive Plan or Community Development Code N/A =. City Council Approval Date: ag- '0737P/23P Revd: 5/37 . .� Attachment E-1-2 .' III 410 .. 3. List any variance, conditional uses , or other land use actions to be considered ,` as part of this application: Apply Planned Development Overlay • 1 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this I'1 application. 5. THE APPLICANT(S). SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions s that may be , attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights 1 granted in accordance with the terms and subject to all the conditions and -- limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants - so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements area false. D. The applicant has read the entire contents of the application, including 4 the policies and criteria, and understands the requirements for approving -=X or denying the application. DATED this day of 19 z • SIGNATURES of each owner (eg. husband and wife) of the subject property. • ( 41_ 1.---tte: --., , . _,.- -.71',,,i--2:7--z-7-- ,--i--r? ' , "--y1 , Edward J . Sattler , Jr. • _f__ „(4,tc a 7,zi e-- ".1 J' J. LL' Lillian E. Sattler le,ei:-7,-:' 6,3,,,,,1 ---.5- '-Zci,t-t1,6/ = Lit ian E . Sattler , Trustee jkr- -. (KSL:pm/0737P) • . = :==.-.. Attachment E-1-3 I PROPERTY OWNERS Edward Jacob Sattler, Junior; heir and designee of Agnes Sattler Miller (Tax lot 200) c r� o Address: G g 0 0 S L/ Sci'41 tOt' S f � , i 1`9 CH,-J.�1 (2v efc' (1 '192Lij � Phone: ( G-) 2_0 - 7 5 3 Lillian E. Sattler, Trustee of the Edward J. Sattler Revocable Living Trust (Tax lot 100) o C I ' J U Address: 1 5�Z q S� S, LCD. t Q �7 jS/r/r:( ‘Q`(\. • 5\� ll, 9apV OrG1c07 q'/22i./ Phone: ,J' 3 '/ ._ 2-6 72- a Lillian E. Sattler, Trustee of the Lillian E. Sattler Revocable Living Trust ° (Tax lot 300) A 0 6/t Address: �2- qi 5-- 5. ' tic."(// ��( 5;\`l? Ore-,?eni 6719ZZ9 • Phone: 62 3 Cl^ 2-6' Z- 1 • 1 1 . Comprehensive Plan Change Rezone 1 and 1 Planned Development Overlay 1 1 1 Aproposalsubmittedtothe City g of Ti and 1 1 1 • Prepared for 1 Matrix Development Corporation 1 Plaza 2, Suite 200 6900 SW Haines Street Tigard, Oregon 97223 Prepared by W&H Pacific 1 8405 SW Nimbus Avenue Beaverton, Oregon 97008-7120 1 March 25, 1996 1 r I II • ITABLE OF CONTENTS . Page# II. Requested Action 2 Site Description 3 Ill. III. Conformance With Applicable City Of Tigard Comprehensive Plan Policies 6 IV. Conformance With City Of Tigard Development Code 15 I V. Evidence Of Change In Circumstances, Inconsistency Or Mistake In Comprehensive Plan 18 VI. Conformance With Applicable Locational Criteria 27 I VII. Statewide Planning Goals And Findings 29 VIII. Summary And Conclusions 34 IFIGURES I A. General Vicinity Map 4 B. Site Plan 5 C. Chronology 21 I D. City of Tigard Ordinance 81-93 and Attached Map 22-25 E. Map of Albertsons Density Transfer Sites (Approved 1987) 26 ITABLES I A. Institute of Transportation Engineers (ITE) Trip Generation , 8 B. Density Chart 11 IATTACHMENTS IA. Comprehensive Plan Map B. Zoning Map I C. Legal Description D. Pre-application meeting notes E. Other application materials I1. Application Form 2. Assessor's Map NE 1/4 SE 1/4 Section II, T2S RO1W) F. Neighborhood Meeting Summary I 1. Mailing List of property owners within 250 feet of proposal area and affidavits 2. Affidavit of posting for neighborhood meeting 3. Notes and Sign-in sheet from Neighborhood Meeting I4. Letter of Support I I • • I. REQUESTED ACTION Matrix Development is proposing a Comprehensive Plan amendment and zone change which would enable it to construct single family residential units at a density of approximately 7 units per acre on a vacant site in the City of Tigard, bounded by SW Hall Boulevard on the east and Sattler Street on the north. Figure A shows the general vicinity of the project. No site plans have been prepared beyond a concept level; however, approximately 191 homes could be built on the site if it were zoned R-7 and had a Planned Development (PD) overlay. The applicant is also requesting that the site be designated as a Planned Development Overlay Zone (/PD). The subject site covers about 27.5 acres (calculated from the Washington County Assessor's map). The Tigard Comprehensive Plan designates the eastern 8.5 acres as Medium Density Residential, the remaining 19 acres is designated as Low Density Residential. Current zoning on the eastern 8.5 acres is R-12, Multiple Family Residential (12 units per acre), while the ' western 19 acres is R-4.5 Single Family Residential (7,500 square foot lots or 5,500 square feet per unit). This application seeks a change in plan and zoning designations so that the entire site is designated as Medium Density Residential (changing the designation on 19 acres ' of the site) and that the entire 27.5 acres be rezoned to R-7 Single Family Residential (5,000 square feet per unit)for the entire parcel. The application also seeks a Planned Development overlay for the entire site to allow for flexible lot sizes to accommodate natural resource areas such as the ponds, and allow for neo-traditional subdivision design standards. This application is submitted in accordance with the Tigard Municipal Code sections 18.22, ' amendments to the Title and Map, and 18.32, Procedures for Decision Making: Quasi-Judicial and the Tigard Comprehensive Plan. 1 1 1 1 1 1 Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 2 1 • ' II. SITE DESCRIPTION The proposed development site (Tax Lots 100, 200 and 300; NE 1/4 SE 1/4 Section II T2S R1W W.M.) is bounded by SW Hall Boulevard on the east, Sattler Road on the north and the Summerfield development on the west. (See Figure A). A parcel immediately south and east of the subject property is zoned R-12 and is currently developed with a single family dwelling. The subject site is currently developed with a total of three single-family houses and several farm-related outbuildings. There are two small agricultural ponds on the site. The Tigard Comprehensive Plan classifies Hall Boulevard as an Arterial, while Sattler Street is classified as a Minor Collector. Adjacent to the site, Hall Boulevard includes two vehicle ' lanes and is designated as a regional pedestrian and bicycle route in the Comprehensive Plan. Hall is served by regular Tri-Met bus service line #76. Sattler Street is currently developed with two lanes and sidewalks along most of the segment west of Hall. Sattler Street is planned as a local pedestrian and bicycle route in the Comprehensive Plan. The Comprehensive Plan map adopted in 1983 shows the subject site is located in a ' "Developing Area." The proposed site is used as a pasture and slopes slightly to the southeast. Eight and one-half acres of the site, at the intersection of Hall Boulevard and Sattler Street, are planned and zoned for Medium Density Residential (R-12) use. The ' remaining 19 acres, with frontage on Sattler Street are planned and zoned for Low Density Residential (R-4.5). Developed land to the southeast, east and west is zoned R-7, and area to the southwest of the site is zoned R-4.5. This creates a situation where parcels "leapfrog" in terms of zoning densities from R-12 along Hall Boulevard, to R-4.5 on the subject property, to R-7 on the property to the west. The site is located within-a"Developing"area as defined by the Tigard Comprehensive Plan Developing/Established-Map. Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 3 • ff .. 5 c .!x cl: s®-I� R i s P O s ..' I �mLr •o..x•rrm. • 111 �, . Tlyd �. rm. I FIGURE = 11� . sa tmr 1 Villa (n --�7i��i •S Rid ge ® . % 5 PORTLAND t€ .+''oil a . I ®.< -1 COMMUNITY ,•�SJ' ^s COLLEGE L • w ATIA T• * I S� GENERAL VICINITY MAP �`" 1' f.w• ` FII�IMIaill l��''v'M e Y ;v ,' h I ,. , . _ _ A M r tT`l xN�C.I [ N {� � W r .':(tOx R'o •7• I - .L= <.. Tula '[� ^�"-.moo ^ '..wi:4 .. 1"4OO m a .9�91;j x[...,. IRE 1 19 I ��� [E1 .r y ''` l„- k ] '' :;� �wAlx � sto`.Qo+y n� i�10 —.—_— `•1 s o wINMwL . Ii, .''4 �'r +t . •rA O `•*�L� - «T 'war° =bu..,o r ,3 r sw • s' i Isrfc_ ` ��`\... 4 Vr I •, ,-. 3 .. _`r b__ f•b rY •V 1 • i L """"1 i•�_ ] '`� R� TIGAR �!®;� ._.. 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HIGH SCHOOL ;•-•::,` ', ' • I i , 'RH r.t-- ! : ( :;,---..---••••.•:: ,i...L.,_.... --CIL '4-__I-1,11_-=-:•..: .. uS A i2 AAE 41 ARY 6..CH661--:-... ....: • - ..--- -u-u • . . , - .---._ • • '.. - . . . i --- - .---.---- .-- -1 1_ ■ • . .,, ..-n . 1-•?-\ry'. 1.4:12_--'%-,kt.',, 'Z__'-''j „i-1.:-■ _-.R..„4. 5 PLAIT (•,„, ': '.... I I E A,T ME 11 I' ,_ ...• . .. . • • - ---:(j,--,';11,17,-••-•f'''... • : • .. • . •---.;._,-,,..-_, ;-..: - \••-).' : •••• • • --- --- • _ -_cci 1- •--- - i,•:=_;_=_-_--7 -1.2-,_. ,-.--:---- .2 •,-___..:..:.__::: .. •,,7/-4..,4o . . • , - : . - ' - " ".--FR L-- 2--/%' ---_,_ .., ;, ,.. .. ,__. . ..„_• ....,/,,/., ,4 .• • .•-••-. ,. ••. . , .. . . ••• •.._. -- - • 5 (.•-*! - --•-- • . •..-...-- • • . i'.!•-•]..7..•':. i:,- --..-7--.7...ir- ------- 4.=., t • I—P ' . 1 , ' .- , ,„„- .:,_.,L Li.i::;:•:-::-07..---' --.-•.'',:-.- - I 's;.%:-..f."-- .,.,„ . ■______.---c,:,.. !• -.-:_'' 7 DU....R._,.... . ..A. .M............;..__. - -:::: ._. Page 5 1 • • III. CONFORMANCE WITH APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES rCitizen Involvement 2.1.1 The City shall...assure that citizens will be provided an opportunity to be involved in ' all phases of the planning process. 2.1.2 The opportunities for citizen involvement shall be appropriate to the scale of the planning effort and shall involve a broad cross section of the community. a. The citizen involvement teams shall be the primary means for carrying out the program. 2.1.3 The City shall insure the information...is available in an understandable form for all interested citizens. Response: In compliance with City policy and Statewide Planning Goal 1 (Citizen Involvement) requirements, the applicant advertised and held a neighborhood meeting on March 19, 1996, with notification given to ' surrounding property owners within 250 feet, the South CIT, and posted around the site. The purpose of the meeting was to discuss the project; approximately 75 members of the public,the Property Owner/Developer and Project Consultants were in attendance. The sign-in sheet and notes from that meeting are included as Attachment F. Informal discussions with other non-attending neighbors have also occurred on the telephone. ' The applicant received 1 letter of support, which is also included in Attachment F (4). In addition, City of Tigard requirements for public notice are being met, including notification of adjacent property owners, posting of property and advertisement of hearing(s) in the local newspaper, all in a timely manner. Information prepared for the applicant has been written in a clear, concise manner. Natural Features and Open Space ace p p ' Chapter 3 of the Tigard Comprehensive Plan establishes policies for protection of natural resources. "The chapter reflects the concerns expressed in several of the Statewide Planning ' Goals, including: Goal #3 - Agricultural Lands; Goal #4 - Forest Land; Goal #5 - Open Spaces; Scenic and Historic Areas and Natural Resources; Goal #7 - Areas subject to Natural Disasters and Hazards; and Goal #8 - Recreational Needs." (Tigard Comprehensive Plan, Page II-11). r Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 6 r ' • . I Response: There are two small ponds that are identified as wetlands on the Zoning map (F-11 and F-12)totaling approximately 0.78 acres (according to the City's local wetlands inventory). The local wetlands inventory describes I these areas as "agricultural ponds" and notes there is "no adjacent vegetation," that shrubs are "totally grazed by cattle," that emergent vegetation is "not recognizable," and that the ponds are "severely 111 impacted by cattle". I The change in plan designation and zoning will not directly affect the wetland areas, which will be addressed in accordance with local, state and federal regulations during the site plan development. The applicant I wishes to have a Planned Development (PD) overlay attached to the site, which would allow flexible land division and development standards to preserve any significant natural areas, in accordance with I implementation strategy 2, (Policy 3.4.2) "the City shall encourage, through the Planned Development Process, the retention of large, varied habitat areas on private and public lands including inventoried plant Iand animal communities," page II-17 in the Comprehensive Plan. There are no areas on-site subject to erosion,slope, floodplain or other I natural resource limitations. Further, the proposed development will be designed to ensure that there are no adverse impacts to off-site resources. For complete findings on Statewide Planning Goals, see ISection VIII of this application. Air Quality I4.1.1 The City shall maintain and improve Tigard's air quality and coordinate with other jurisdictions and agencies to reduce air pollution within the Portland-Vancouver air Iquality maintenance area (AQMA). I Response: The proposed zone change and plan amendment and subsequent development will comply with all applicable local, regional, state and federal air quality standards. The site development review will specifically address such issues. However, it is expected that Iredesignation of the site to allow for a uniform density and the planned development overlay will result in a development using "neo-traditional I development concepts" which will have a positive effect on air quality in relation to development of 19 acres of traditional single-family development. The reduction in Vehicle Miles Traveled (VMT) is due to I benefits of neo-traditional design as opposed to the traditional single family subdivision. I Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 7 I • 0 I The plan amendment and rezone to R-7 supports the use of alternative transportation modes by increasing residential pedestrian connections in the vicinity of transit service (Hall Boulevard). This is in support of Implementation Strategy 6 (Policy 4.1.1), "the City shall aim to reduce the quantity of vehicle emissions by pursuing an energy-efficient urban form which reduces the number of vehicle-miles-traveled, and by I encouraging the use of alternative modes of transportation, especially mass transit and pedestrian [modes]." Page II-23 of the Comprehensive Plan. I The energy conservation policy can be further implemented in the site plan by arranging building entrances and pedestrian walkways in such Ia way as to support transit use and local pedestrian access. I Based on Institute of Transportation Engineers (ITE) Trip Generation Rates, the proposed rezone would generate more trips than the current zoning. Traditional single family homes generate, on the average, 9.55 I daily trips. ITE research has shown that smaller homes tend to support smaller households, which generate fewer than 9.55 daily trips. Higher density (greater thin 5 units per acre) also creates incentives for trip I reduction. Table A, shows a reduction factor of 1.8 trips for household size and 0.1 trips for density greater than 5 units per acre. The following Table A shows the numbers of trips. ITABLE A - Institute of Transportation Engineers (ITE) Trip Generation Table I No. of Use units* Daily AM In AM Out PM In PM Out I Single Family 9.55 0.19 0.55 0.65 0.36 Single Family (adj.) 7.65 0.15 0.44 0.52 0.29 I Adj. Factor -1.9 0.04 0.11 0.13 0.07 Ratio 0.80 MultiFam. (post '73 Apt.) 6.28 0.11 0.33 0.31 0.18 I R-4.5 Single Family* 88 840 17 48 57 32 R-12 Multi-Family* 102 641 11 34 32 18 Total w/existing zoning 190 1481 28 82 89 50 IProposed R-7 Single Family* 191 1461 29 84 99 56 1 *R-4.5 and R-7 units assumes 20% of total acreage is use for R/W, utilities and open space R-12 assumes 15% of total acreage is use for R/W, utilities and open space I Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 8 111 I • • Water Quality 4.2.1 All development within the Tigard urban planning area shall comply with tapplicable federal, state and regional water quality standards. Response: Development of the site will comply with all applicable local, state and ' federal water quality standards. This will be analyzed and documented in more detail during site development review. Noise Pollution 4.3.1 City shall require development proposals located in a noise congested area or a use ' which creates noise in excess of the applicable standards to incorporate [optimal building placement or landscaping and other techniques] to lessen noise impacts to ' levels compatible with the surrounding land uses. Response: The subject site is not located within a noise congested area. Residential developments are not considered to be significant noise generators. Economy 5.1 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. ' Response: The proposed comprehensive plan amendment and zone change will enable development of affordable single-family homes in Tigard. This development can serve as an attraction to diversify Tigard's residential base. ' Housing 6.1.1 The City shall provide an opportunity for a diversity of housing densities and ' residential types at various price and rent levels. Response: The principal review criterion under the City's housing policy is that ' the proposal comply with the Metropolitan Housing Rule, OAR 660 Division 7. The rule requires that the City maintain an inventory of developable residential land providing a housing mix of at least 50% ' multiple family dwellings and an overall minimum average density of 10 units per acre. With approval of the plan amendment and rezone, Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 9 ' • the City will continue to be in compliance with the Metropolitan Housing Rule and meet projected housing needs. The total number of units that can be built on the site if it is rezoned to R-7 = 191, while the total number of units that could be built under ' the existing zoning = 190 units. The change from R-12 to R-7 reduces multi-family housing potential on ' a portion of the site by approximately 86 dwellings, but replaces these with 47 single family units. The <:.sange from R-4.5 to R-7 increases single-family potential by 39 units. The net difference is one additional ' single-family unit to the site. The reduction in multi-family units is deemed to be insignificant due to the fact that the actual housing density is increased and the change represents less than 0.5% of the City's housing opportunity index; the City maintains an inventory of 13,730 potential housing units and 1,313 acres of developable residential land, providing an overall density of 10.46 units per acre (Ray Valone, City of Tigard Community Development Department, Preapplication meeting, February 19, 1996). Based on the following model, the net addition of 1 dwelling to the housing inventory results in no change to the city's overall density rate. Density Calculation The development code specifies a method for computing allowable residential density (18.92 Density Computations). The code requires a calculation of buildable land with deductions for public right-of-way, private streets, existing development, sensitive land areas, and park and other public land dedications. Residential development ' potential is determined by multiplying the "net" buildable area by the maximum allowable housing density per zone district. Density may also be limited indirectly by minimum lot size, setbacks, landscaping and density transition standards. For demonstration purposes, it is reasonable to assume that approximately 20% of the subject single family (R-4.5) and 15% of the multiple family (R-12) site would be used for public right-of-way, private streets, water quality facilities and other dedications, as required by the City. Based on this assumption and the above methodology, redesignation of the 8.5 acre site from R-12 to R-7 causes a reduction to the housing inventory by a total of 43 dwelling units, but the change of 19 acres of R-4.5 to R-7 represents in increase of 44 units, for a net change of one additional unit. Density calculations are as follows: Matrix Plan Change,Rezone, PD Overlay March 28, 1996 Page 10 ' • • R-12 density calculation: 8.5 acres x .85 = 7.2 net acres 7.2 net acres x 43,560 square feet per acre = 313,632 square feet 313,632/3,050 square feet minimum lot size = 102 units • R-7 density calculation (for R-12 area): 8.5 acres x .80 = 6.8 net acres 6.8 net acres x 43,560 square feet per acre = 296,208 square feet 296,208/5,000 square feet minimum lot size = 59 units R-4.5 density calculation: 1 19 acres x .80 = 15.2 net acres 15.2 net acres x 43,560 square feet per acre = 662,112 square feet 662,112/7,500 square feet minimum lot size = 88 units R-7 density calculation (for R-4.5 area): 19 acres x .80 = 15.2 net acres ' 15.2 net acres x 43,560 square feet per acre = 662,112 square feet 662,112/5,000 square feet minimum lot size = 132 units R-7 density calculation (for entire site): 27.5 acres x .80 = 22 net acres 22 net acres x 43,560 square feet per acre = 958,320 square feet 958,320/5,000 square feet minimum lot size = 191 units The total number of units would increase by one should this rezone and comprehensive plan change be approved. This increase in one unit represents an insignificant change to the City's overall planned housing density for developable ' lands. ' TABLE B: Density Chart ' Number of Acres Current Zoning and Dwelling Units Proposed Zoning and Dwelling Units 8.5 acres R-12 = 102 dwelling units R-7 = 59 dwelling units 19 acres R-4.5 = 88 dwelling units R-7 = 132 dwelling units TOTAL 190 dwelling units ( gledwelling units Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 11 • • • The northern and southwestern portion of the parcel is subject to density transition requirements (Comprehensive Plan Policy 6.3.2; Community Development Code Section 18.40.040). The code requires that any new development located within 100 feet of a designated "Established Development" may not exceed 125% of the allowable density in the established development's plan designation. In this case, some of the established development is designated Low Density Residential in the Comprehensive ' Plan to the south and north. Therefore, the abutting lots would be developed at a maximum of 6.5 units/acre. Because of access requirements on Sattler Street, lots along the extension of SW 88th Avenue would be larger than the average lot east of tthe road extension. 6.3.1 In all phases of the development approval process in a residential "established ' area," a primary consideration of the City shall be to preserve and enhance the character of the adjacent established areas. The subject site is located adjacent to an established residential area. As discussed above, density of the proposed residential development and adjacent residential areas ' will occur within the parameters of the zoning code (Section 18.40.040). The primary reason to seek these amendments to the existing policy is to provide an area zoned for small lot single family detached housing, which matches the surrounding area. The details of the development will be developed at the development stage. Public Facilities and Services 7.1.2 The City shall require as a pre-condition to development approval that: a) development coincide with the availability of adequate service capacity; b) the facilities are capable of adequately serving all intervening properties and the proposed development; and are c) designed to City standards. ' Response: The rezone of the property from R-4.5 and R-12 to R-7 would not change the requirement for public facilities and services to be provided ' to the above standards because the number of units is essentially the same. It is the applicant's understanding that facilities to serve water, sewer and storm water needs are available to meet the needs of the proposed use. 7.2.1 The City shall require as a pre-condition to development approval that: a) a site development study be submitted; b) natural drainageways be maintained unless studies show that alternative drainage solutions can solve on-site drainage problems and will assure no adverse off-site impacts; c) all drainage can be handled on-site or there is an alternative solution which will not increase the off-site impact; d) the 100-year floodplain be protected; e) erosion control techniques be included as part of the site development plan. Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 12 r • • ' Response: The proposed rezone would not change the need for a site development study to be prepared and that best management practices be used for on-site surface water drainage. It is believed that any adverse impacts to natural drainageways, adjacent lands and floodplains can be properly mitigated. The Planned Development overlay will make it easier for the developer to plan for a single family development that both enhances and utilizes one of the existing natural features on the site by providing flexible development standards. The Planned Development overlay includes a two-step public review process. 7.6.1 The City shall require as a pre-condition to development approval that: a) the ' development be served by a water system having adequate water pressure for fire protection purposes; b) the development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and c) the applicable fire district review all applications. Response: It is believed that the proposed residential development can meet all ' applicable water pressure and fire protection standards. The change in zoning will increase the number of units possible on this site by one unit. This change should not impact the water supply system. It is the applicant's understanding that sufficient water pressure exists to meet the demand of the proposed land uses and fulfill the fire pressure requirements. The proposed development will be reviewed by the ' • Tualatin Valley Fire and Rescue Department as part of the development approval process. Transportation ' 8.1.1 The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. ' Response: This policy is directive to the City. The proposed residential development will meet all adopted City, county and regional roadway level-of-service and operational standards. Furthermore, the proposed ' residential development will use neo-traditional, transit- and pedestrian friendly design and layout to encourage minimal impact on the transportation system and provide connectivity between SW 88th ' Avenue and Sattler Street. The exact location of the intersection of the connecting street and Sattler Street will be determined during the development process, and reviewed by the Planning Commission during ' the Planned Development reviews. 1 Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 13 • • ' 8.1.2 The City shall provide for efficient management of the transportation planning process within the City and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions. ' Response: This policy is directive to the City. Site development review of the proposed residential development will be coordinated with Washington County, the City of Tigard and Tri-Met to assure conformance with local and regional transportation plans. Hall Boulevard is designated as a Corridor on the Draft 2040 Growth Concept. The proposed pedestrian and transit friendly development within 1/4 mile of a Corridor is consistent with the 2040 Growth Concept. This proposal ' is also consistent with the Oregon Transportation Planning Rule (TPR) in that it allows for more densely developed single family housing near activity centers (Tigard High School and Cook Park). Other portions of the TPR apply to specific site plans, which are not part of this action. ' 8.1.3 The City shall require as a pre-condition to development approval that: a) development abut or have appropriately-authorized access to a publicly dedicated street; b) street right-of-way be dedicated (if substandard); c) the developer commit to the ' construction of street improvements within the development; d) individual developers participate in the improvements of existing streets, curbs and sidewalks to the extent of the development's impacts; e) street improvements be made and signs or signals provided ' when the development is found to create or intensify a traffic hazard; fl transit stops, bus turnout lanes and shelters be provided if development is the type generating transit ridership; g) disabled parking spaces be set aside and marked; and h) land be dedicated to ' implement the adopted bicycle/pedestrian corridor plan. ' Response: Table A, Institute of Transportation Engineers (ITE) Trip Generation Analysis, shows that there will be a slight decrease (20 fewer trips) in the number of daily trips from the proposed zone change. This ' decrease is due to the trip reduction factors present in a small lot, higher density single family (i.e. neo-traditional) subdivision layout. The proposed development will include transit and pedestrian friendly design features such as small lots, pedestrian and bicycle accessways and streets that will provide connectivity to existing streets. The applicant will conform to all conditions made at the development review stage. 8.2.2 The City shall encourage the expansion and use of public transit by locating land intensive uses in close proximity to transit ways. ' • Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 14 1 • • ' Response: The plan amendment and zone change will support public transit service by allowing for development of neo-traditional, transit oriented single family residential development along an established transit route ' (Hall Boulevard). Further details about location of sidewalks, landscaping and appropriate lot orientation to encourage pedestrian access to nearby transit and pedestrian facilities will be addressed ' during the site plan review stage. tEnergy 9.1.2 The City shall establish a balanced and efficient transportation system which ' compliments the land use plan and is designed to minimize energy impacts. Response: The plan amendment, rezone and planned development overlay would t support a development that would encourage transit, pedestrian and bicycle travel due to proposed neo-traditional design. Appropriate street improvements, such as sidewalks, and accessways would be provided to encourage transit use. The proposal is consistent with implementing strategy 8, page II-62, which recommends that the City support public and private planning efforts that advocate alternative forms of transportation such as mass transit, bicycling and walking for commuters. The higher density residential land use is within walking distance to the Tigard High School and is adjacent to a transit service route (Hall Boulevard). IV. CONFORMANCE WITH CITY OF TIGARD DEVELOPMENT CODE Zoning District Classification and Requirements ' 18.040.040 A. and B. Residential Density Transition Requires that "any property within 100 feet of an established area shall not be developed at a ...density greater than 125% of the allowed density in the adjacent areas." The "allowed density" is based on the planning designation, not the specific zoning district. The limits do not apply to areas separated by a major collector or an arterial. ' Response: Some of the adjacent properties are "established development" and are P J P P designated Low Density Residential in the Comprehensive Plan. These ' areas are located adjacent to portions of the south and north boundaries of the proposed development. Therefore, the proposed Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 15 ' • • ' abutting lots would be developed at a maximum of 6.5 units/acre at the southwestern and northern portions of the site. Because of access requirements on Sattler Street, lots along the extension of SW 88th ' Avenue would be larger than the average lot east of the road extension. 18.50 The purpose of the R-4.5 zoning district is to provide for urban low density residential development. The permitted residential uses include: Single-family detached, residential treatment homes, manufactured homes and other such uses. Duplex units are allowed as a Conditional Use. ' Lot dimensions: The minimum lot size is 7,500 square feet per detached unit and 10,000 square feet for duplexes. Average minimum lot frontage shall be 50 feet for detached units and 90 feet for duplexes. Minimum lot widths are 50 feet for single family and 40 ' for attached units. Front yard setbacks are 20 feet in front, 5 feet on the side, 10 feet on a street side, and 15 feet from the rear. Garages must be set back at least 20 feet from front property line. Maximum allowed height is 35 feet. ' 18.52 The purpose of the R-7 zoning district is to provide for single-family detached and attached units for medium density development. The permitted residential uses include: ' Single-family detached (one per lot), single family attached (not more than 5 per group), duplexes and manufactured homes, and other related uses. Lot dimensions: The minimum lot size is 5,000 square feet per detached unit, 10,000 square feet for duplexes, and 5,000 for each attached unit. Minimum lot widths are 50 feet for single family and 40 for attached units. Front yard setbacks are 15 feet in front, 5 feet on the side, 10 feet on a street side, and 15 feet from the rear. Maximum allowed height is 35 feet. ' 18.54 The purpose of the R-12 zoning district is to provide for single-family attached and multiple family residential units for medium density developments. The permitted residential uses include: Single-family detached, duplex, single-family attached, and multiple-family dwellings. Lot dimensions: The minimum lot size is 3,050 square feet per unit, with a maximum lot coverage of 80%. Setbacks for multi-family structures are 20 feet in front, 10 feet on the side, and 20 feet from the rear. Maximum allowed height is 35 feet. ' Response: The applicant proposes to raise the density on 19 acres of the 27.5 acre site from the current low density residential (zoned R-4.5) to medium ' density residential that would allow R-7 zoning. On the remaining 8.5 acres, the applicant proposes to reduce the zoning from R-12 to R-7. Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 16 1 • • This "trade" in residential densities would allow the applicant to develop one single family detached subdivision with a consistent zoning for the entire site. ' The areas to the east and west are developed at R-7, and if the applicant's development proceeded under the current zoning, there ' would be a strip of R-4.5 residential development adjacent to R-12, potentially multifamily uses. This is not consistent with the City's density transition goals. 1 Furthermore, this request includes Planned Development (/PD) ' overlay, which would give the City staff and appointed officials an opportunity to review site plans for appropriate landscaping, lot set backs, etc. A /PD overlay would provide flexibility in setback and layout standards to facilitate a neo-traditional development (such as placing detached garages behind the dwelling units. Planned Development 18.80 The purpose of planned development overlay is to provide flexible standards to allow application of new techniques in community development, to facilitate efficient use of land, promote economic clustering of buildings, circulation and open space, preserve existing landscape features, and encourage innovative and diversified living environments. ' The PD process requires several public meetings and review of a detailed development plan by staff and approval of the planning commission. Response: This proposal seeks a Planned Development (/PD) overlay in ' conjunction with the rezone and comprehensive plan amendment. The PD overlay suits the proposed development of a neo-traditional subdivision, since such layouts include "unusual" development techniques such as alleys, traffic circles, and smaller homes, lot sizes and street widths. The Planned Development will help the applicant address the two agricultural pond wetlands located on the site, by ' allowing flexibility in development standards in exchange for development of open space areas. Future residential development will meet all of the City's Planned Development review criteria upon approval of the rezone. The planned development review submittal will address siting and design criteria, tincluding parking, landscaping, environmental performance standards, access and circulation, setbacks and other requirements of the City. 1 Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 17 1 • 111 tV. EVIDENCE OF CHANGE IN CIRCUMSTANCES, INCONSISTENCY OR MISTAKE Comprehensive Plan Amendments [Comprehensive Plan Policy 1.1.2 (2)] states that amendments to the plan meet the following criteria: a. The change is consistent with applicable plan policies; ' b. A change of physical circumstances has occurred since the original designation; and ' c. A mistake was made in the original land use designation. Section 18.22.040 of the Development code implements this Plan strategy and states the standards that must be met in order to approve an amendment to the comprehensive plan and zoning map. Subsection 4 requires "Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it ' relates to the property which is the subject of the development application." Response: ' Change in Physical Circumstances Y ' The attached chronology (Figure C) highlights some of the changes that have occurred in Tigard's planning policies over the last 15 years. Specifically, the City ' of Tigard's Comprehensive Plan was adopted in 1983, establishing the plan and zone designation for the area in which the subject property is located. Since that time, development and physical circumstances have changed significantly with regard to ' the Tigard planning area. 1. Development of surrounding area zoned as R-12 has been less than anticipated. The two subdivisions located to the east of SW Hall Boulevard, located along Langtree and Bonaventure Streets and on Bond and Church (zoned as R-12) provide approximately an R-7 level of development (roughly ' 7 units to the acre). Another large lot in this R-12 area was recently developed with the Tigard Friend Church, providing a loss of housing density for the City. Generally, development in this area is consistently built at the R-7 level, with smaller lots and single-family homes. 2. In 1986, the City Council approved a change in designation and zoning of ' Albertsons property at Durham Road and Highway 99 from High Density Residential (R-40) to C-G. In 1987, city planning staff recommended 7 sites 1 Matrix Plan Change,Rezone, PD Overlay March 28, 1996 Page 18 I • for "upzoning" to make up for the loss in 400 housing units. Three of the seven sites were approved by the City Council, refer to Figure D, Map of 1987 Density Transfer Sites. To date, those sites have been partially developed. R-4 5 portion of the applicant's site was included as Site F, and The p pp recommended by City Planning Staff for upzoning from R-4.5 to R-7. There was limited testimony in opposition to this site. The Planning Commission and City Council denied the change based on following findings which are cited here from the minutes of the March 3, 1987 Planning Commission meeting: "1) Inadequacy of transportation in the area, lack of bus service; 2) need to ' preserve R-4.5 zoning; 3) non-compliance with applicable locational criteria; 4) reduces the livability of the established areas; 5) impact on the schools would be greater if the above sites [the approved sites] are increased in density." These findings are no longer relevant when applied to the R-4.5 portion of the applicant's site as follows: a. Transportation facilities have been improved, and will continue to ' improve as development occurs along major arterials. Hall Boulevard is designated as a major collector in the comprehensive plan and Sattler Street as a minor collector, and a designated pedestrian and bicycle ' right-of-way with long stretches of improved sidewalks. The R-4.5 site has direct access onto Sattler Street. Hall Boulevard has been designated as a transportation corridor in the Metro 2040 Framework Plan. Tri-Met provides bus service along hall Boulevard with routes #76, with service all day, including 15 minute service during peak ' conunute times. b. There were no reasons given as to WHY the city needed to preserve R- I 4.5 zoning, just this one sentence finding. This R-4.5 area is "sandwiched" between R-12 and R-7, with the majority of the surrounding area being developed at approximately 7 units per acre. ' c. The locational criteria for this area to be designated medium density and R-7 are met as follows: direct access to a minor collector, no ' development limitations, public facilities are available immediately, public transit is available, convenience retail is available at the corner of SW Hall and Durham Road, approximately 1/4 mile to the south, ' and public open space is available at Cook Park, Durham Elementary School, Fanno Creek Greenway, and Tigard High School. Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 19 • • d. The proposed R-7 development will not reduce the quality of life for the surrounding area. The proposed combination of rezones is anticipated to result in one fewer dwelling unit than the R-12 and R-4.5 ' zoning, the PD overlay allows for public review and comment on the subdivision (street and lots) layout, and the surrounding area is already developed with R-7 developments. e. Impact on the schools is likely to be less with the proposed small lot ' and small homes proposed by the applicant. The anticipated number of housing units is basically the same for the revised zoning as for the current zoning. Inconsistency/Mistake in City of Tigard Comprehensive Plan (1983) ' As the Chronology in Figure C shows, this property was annexed into the city in 1982, as a portion of the Durham Island annexation, per Portland Boundary Commission Final Order 1820. When the Tigard City Council initiated this ' annexation with the Boundary Commission in 1981, in Resolution 81-93 (Figure D) it included an automatic rezone provision into Section 3 of the Resolution: ' "Section 3: Upon annexation the zones will be changed from Washington County "RU-4" to the Tigard comprehensive Plan designation of "R-5" and "R-7" Urban Low Density. See attached Figure D for listing by lot number of the zoning." Exhibit B ' and the attached map show the area currently zoned R-4.5 as R-7 and the area zoned R-12 as R-5. ' At that time, R-5 meant 5,000 square foot lots, and R-7 meant 7,000 to 7,500 square foot lots. However, when the comprehensive map was adopted in 1983, the zoning ' for the site was R-4.5 (matching the old R-7) and R-12 (NOT matching the previously zoned R-5, which should have been changed to R-7 -- 5,000 square foot lots). As of March 12, 1996, city staff could not find any official record, ordinance, map or ' findings showing the rezone action to R-4.5 and R-12. Since this was during the time when the Comprehensive Plan was being developed, it is likely that the mapping of part of tax lot 100 and tax lot 300 was done in error. Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 20 ' • • ' FIGURE C ' CHRONOLOGY OF ZONING ON SATTLER FARM 1980 Washington County Zoning is RU-4 1981 Tigard Ordinance 81-93 initiates the island annexation of the "Durham Island including the Sattler property. This ordinance also rezones the area "upon annexation" to R-5* and R-7*, as shown on the attached map. ' 1983 Comprehensive Plan and Zoning map is adopted with the property zoned as R-12 and R- 4.5, designated medium density and low density. ' 1986 Albertsons zone change approved by the City Council resulting in the loss of 400 dwelling units. City staff recommends 1987 Study and action by the Planning Commission and City Council to upzone 7 sites to regain the lost units. One of the sites (Site F) was the western portion (R-4.5 section) of the Sattler site, which city staff recommended be upzoned to R-7. ' 1987 Tigard Planning Commission and City Council recommend and approve upzoning of 3 g g sites (as shown on Figure E). These sites are all located along Highway 99, one is in the Tualatin River flood plain (outside city limits), and two have slope restrictions. 1996 None of the upzoned sites is developed. ' *The original R-5 = minimum lot size of 5,000 square feet, and R-7 = minimum lot size of 7,000 to 7,500 square feet. 1 Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 21 / , I 0 Figure D-1 • CITY OF TIGARD, OREGON IRESOLUTION No. 81-93 RESOLUTION OF THE TIGARD CITY COUNCIL INITIATING ANNEXATION AND REQUESTING IA AN ANNEXATION REQUEST BE FORWARDED TO THE BOUNDARY COMMISSION (Short Title - Durham Island) . IWHEREAS, annexation to the City of Tigard territory so bounded as noted on Exhibit "A" would constitute a "minor boundary change" under the boundary commission law, ORS 199.410 to 199.510 and, I WHEREAS, by authority of ORS 199 .490 (1) (a) the Common Council of the City may initiate the annexation, I . NOW, THEREFORE, II BE IT RESOLVED by the Common Council of the City of Tigard, a municipal corporation of the State of Oregon at a regular meeting held on August 10, 1981 that: II _ Section 1: The Council, pursuant to ORS 199.490 (1) (a) hereby initiates proceedings for annexation of the territory to the City. I Section 2: The Council hereby approves the proposed annexation and requests the Portland Metropolitan Area Local Government Boundary Commission to approve it. I Section 3: Upon annexation the zones will be changed from Washington County "RU-4" to the Tigard Comprehensive Plan designation of "R-5" and "R-7" Urban Low Density. See attached Exhibit "B" for listing by lot number II of the zoning. Section 4 : The City Recorder is hereby directed to file a certified copy Iof the Resolution with the Commission at once . DATED this JO day of ri1Zu t, s v , 1981. I Mayor IATTEST: IRecorer �f . I v 11 IRESOLUTION No. 81-__Ij___ Page 22 Figure D-2 1 III Proposed Zoning and Comprehensive Plan DesignatZon Upon Annexation P g TAX MAP 2S1 11D TAX MAP 2S1 12B LOT #/ti000. R-5 Urban Low Density LOT # 3400 R-7 Urban Low DE 1002 u II 3500 u " I 1100 3600 II R-7 Urban Low Density 3601 "II 3603 u " I TAX MAP 2S1 12BC 3604 u " LOT # 100 R-7 Urban Low Density 3700 " " 200 II II 3800 II " 300 u u 3900 II "II I400 4100 11 500 4200 " 600 II 11 4300 u " 700 4400 II 800 4500 " 900 It 11 4601 u " I 1000 4602 " 1100 4603 " 1200 11 11 5000 u " 1300 5 101 u " I1400 u " TAX MAP 2S1 12C 2S.1 12C CONTINUED I LOT # 3400 R-5 Urban Low Density LOT # 1401 R-7 Urban Low Der 3402 1402 " 3500 II II 1500 u " I 3600 u 11 1600 II 3700 1700 II 3800 1701 " 3900 11 II 1800 u " I 4001 ": 1801 II 4002 1900 " 4003 u u 1901 II It II I 4004 2000 II 4100 II 4100 II It 4200 u u 2200 u " 4300 u u 2203 "II I4400 2300 11 4500 2301 " 4600 u u 2400 i, " I4701 11 200 R-7 Urban Low Density 2600 " 300 " " 2700 " " I 400 2800 "II 500 2801 " 600 " " 2802 " " 700 " " I790 11 800 " 900 u " 1 1000 " J 1101 " 1400 " It I I Page 23 N ;,C ALE 114300 • :oo o zoo +no • it FEET Ti . • . .10 •t0 ' "r /% KILOMETER scc „�r SEC r. ,o �-h 1,t•r• a1 • If SCE YAP Ili f/` j• is I IIO / J 0 . . . . 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I 2 ( I�-• _..._J —�' -n _-_u TWALITY ■ r �i� � 1 12 _ -: - . ;-1 ;, , . -�.-_ ® JUNIOR DE - l l' ,, �,: -,--::..._-- ---•_.._.� .—. HIGH �iti�n■i R_40 _ , �gIF=_`.!—I_.1..:-�1'i ='.. ;� 11 J' I ; HIGH I ,/ ;�, 11'1'IL: 1+.� ,- I � �;ry�rSyr ^S i'}e` i i'1_i_L�.� __ -� r '�� j- ".tai_IILC EMPLETON '�, YI '//��/ '`.' .1` _..—.� "T.t_ \_-I_i —.4111`1«I C�-1 , ly_••• T F ••I �` ; I I I 1 -1-'f� ;Ti L'zNENTARY - 1 �'.'',\e ' /(PD) j _,L4.1,_!..__1. ;„_,----,--,- --,-T-1- 1-T �--1,- T.t I C erloo� 11F�_ �f>7�,r5J l rl: - —I-1-7_! I -.4 'iTrl l.:"I 1 .... .. C i% ' ;--(PD)— 1 - , :�la._a =, -=--,= =?'.• ,` / — •-• . 0/#0<-1 Li ia.18'.--•-• a r1.---.' ..e.--..,. ....-, . ,,,.:,. / ,___ : 7....e-:'.--\',--------:::: :71,,--.'R:'-:-:"-;17-1-:::-- '''-:f----.-.`--;*: 7,-7---7.-.'.•''::::--'-'-:7--r'"\....-----:-:•2'71'''.1 LL: : 4:.(...,';•-, i,.. ••.,..,,,,AN2•CY IP _,, '\TT � 5\.'. usn / v i i 1 4--‘ii 'n ` ' i l�?- Cj D`._ --- � .::.r1I- , c, _� y � HIIGHRD• ' I • t, R _ :Q,.. . '_ ''_=1-IT, '7-1-.1-4 ----1 ."'_ �� + r d�I 1� Sc 1 51:�p.- : /' /" � _ - I. fTT: - �'l - -'R,=•_n-r^ A �%-/ / ' � / ,,,..-1.:41.f.::_„,,,,;. >' `�-R�.1 Li.S `r /�%jam/. / R.. _2: R4 : :=, fk.,. :j ' �� -= -,= /�//j _.(}jp) :-7(PD), ;` :._- -a� ' i _, _I .17.-...,__ _ � - _.��t. ,.,�: 1.1:.r.'';i,' ; �,NI�I 1111 .1.i1: ' • � , , i 1 -- -- f`\ I-- � � / � I Ii_� j / - .•/ I 7111 I ! I ' a. i I 1 PARK j/ • 1' I I i i I I I J I i ^ -� l = _ �, - z• 7;1.1p '': � { v J Page I 26,f. : , .i - ;=( -- _--= ;,i-!- _, s . ,r . -• • • VI. CONFORMANCE WITH APPLICABLE LOCATIONAL CRITERIA Policy 12.1.1 of the Comprehensive Plan establishes criteria for residential housing ' densities. The implementing strategies in that part of the Plan describe low density and medium density locational requirements. 1 Response: This application for medium density designation of 19 acres of land meets those locational criteria for Medium Density Residential from the ' Tigard Comprehensive Plan as follows: 1. Although the area is designated for low density development, it is ' almost totally surrounded by single family, medium density residential development (at R-7 level). 2. Transportation facilities are adequate. The medium density site will have direct access to Sattler Street and is adjacent to Hall Boulevard. Hall Boulevard is designated as a major collector in the comprehensive ' plan and Sattler Street as a minor collector, and a designated pedestrian and bicycle right-of-way with long stretches of improved sidewalks. The R-4.5 site has direct access onto Sattler Street. Hall Boulevard has been designated as a transportation corridor in the Metro 2040 Framework Plan. 1 3. There are no development limitations and public facilities are available immediately. 1 4. Public facilities are available and have the capacity to serve this site. 5. Tri-Met provides bus service along hall Boulevard with routes #76, with service all day, including 15 minute service during peak commute times. 6. Low density residential development to the north is buffered by Sattler Street, a minor collector. Low density residential development to the south of the area will be buffered through implementation of the city's Density Transition Policies (Development Code 18.40.040). Density Range Criteria 1. Density in the surrounding area is at the R-7 level, which is the proposed zoning. I Matrix Plan Change,Rezone, PD Overlay March 28, 1996 Page 27 • • 2. Topography and natural features of the area do not restrict the degree of buffering for adjacent low density developments. ' 3. Services are available to serve the proposed R-7 zone. 4. Public transit is available within less than 1/4 mile from the proposed R-7 zoning. 5. Convenience retail is available at the corner of SW Hall and Durham rRoad approximately 1/4 mile to the south. 6. Public open space is available at Cook Park, Durham Elementary School, Fanno Creek Greenway, and Tigard High School. Spacing and Location The proposed R-7 development will not reduce the quality of life for the surrounding ' area. The proposed combination of rezones is anticipated to result in one more dwelling unit than the R-12 and R-4.5 zoning, the PD overlay allows for public review and comment on the subdivision (street and lots) layout, and the surrounding area is already developed with R-7 developments. Access The site has direct access from the south on SW 88th Avenue which will eventually extend north through the site and connect to Sattler Street. Jmpact. Assessment The proposed residential concept conforms with the City's criteria for impact assessment. The scale, design, configuration and function of the conceptual development is compatible with surrounding uses. The final site design will provide landscape screening, building orientation, and 111 parking and circulation layout to maintain the privacy of residents and adjacent properties. Sidewalks and landscaping are also provided to assure compatibility. The proposed development strengthens the owner-occupied nature of housing in the area, by providing reasonably priced single family homes close-in to Tigard activity centers such as schools and retail. The proposal also supports Transportation Planning Rule objectives by using "neo-traditional" site design of streets and alleys to serving residential uses. I Matrix Plan Change,Rezone, PD Overlay March 28, 1996 Page 28 I • • 1 VII. STATEWIDE PLANNING GOALS AND FINDLVGS Goal 1: Citizen Involvement Public notice for the hearin g on this application will be provided through the City of Tigard's notification procedures. The public will have an opportunity to review the application and staff report in advance of the public hearing and provide testimony at the hearing. In compliance with City requirements, the applicant held a neighborhood meeting to discuss the project on March 19, 1996; approximately 75 members of the public, the developer and project consultants were in attendance. Goal 2: Land Use Planning The plan amendment application includes a thorough factual base that demonstrates the need and justification for the proposed amendment. This factual information includes a review of historical residential zone changes and comprehensive plan amendments initiated by the City of Tigard in 1987 and research into the original rezoning of this property following its annexation into the city in 1982. As well, the application demonstrates how the amendment complies with the City of Tigard's acknowledged Comprehensive Plan policies and the Community Development Code. Goal 3: Agricultural Lands This goal is not applicable due to the fact that the proposed residential use is located within the City of Tigard's acknowledged Urban Growth Boundary. ' Goal 4: Forest Lands ' This goal is not applicable due to the fact that the proposed residential use is located within the City of Tigard's acknowledged Urban Growth Boundary. ' Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources There are two small wetland areas identified on the Zoning map (F-11 and F-12) totaling approximately 0.78 acres (according to the City's local wetlands inventory). The local wetlands inventory describes the wetland areas as "agricultural ponds" and notes there is"no adjacent vegetation" that shrubs are "totally grazed by cattle," that emergent vegetation is "not recognizable," and that the ponds are "severely impacted by cattle". The change in plan designation and zoning will not directly affect the wetland areas, which will be addressed in accordance with local, state and federal during the development process. The applicant wishes to have a Planned Development (PD) overlay attached to the site, which would allow development to occur while preserving any significant natural areas, in Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 29 • • • accordance with implementation strategy 2, (Policy 3.4.2) "the City shall encourage, through the Planned Development Process, the retention of large, varied habitat areas on private and public lands including inventoried plant and animal communities," page II-17 in the Comprehensive Plan. There are no areas on-site subject to erosion, slope, floodplain or other natural resource limitations. Further the proposed development will be designed to ensure that there are no adverse impacts to of site resources. For complete findings on Statewide Planning Goals, see Section VIII of this application. • I Goa 1 6: Air, Water and Land Resources Quality ' This goal is not applicable, as the plan amendment from low density residential to medium density residential and a "trade" in rezoning two areas of the site will not have a significant impact to air, water or land resource quality. The proposed residential development densities are basically the same to those allowed without these changes. The proposed residential development will conform with all applicable federal, regional and City of ' Tigard development codes to protect air and water quality and control erosion. Goal 7: Areas Subject to Natural Disasters and Hazards ' This goal is not applicable due to the fact that there is no existing hazard, and the area is subject to the same risk of natural disaster as other commercial sites in the vicinity. The proposed residential subdivision will comply with all applicable building, fire and life safety codes of the City of Tigard and Tualatin Valley Fire and Rescue District. The area is not located within a flood plain. ' Goal 8: Recreational Needs This goal is not applicable due to the fact that the proposed medium density residential land use designation and zoning "trade" will result in one fewer dwelling units and will not adversely impact the supply or demand for recreational lands in the planning area. Goal 9: Economic Development The proposed comprehensive plan amendment and zone change will enable development of affordable single-family homes in Tigard. This development can serve as an attraction to diversify Tigard's residential base. I Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 30 I • • Goal 10: Housing The application demonstrates that the plan amendment will not significantly impact housing supply in the City of Tigard. The City will maintain compliance with the Metropolitan Housing Rule (OAR 660, Division 7) upon application approval. The rule requires that the City maintain an inventory of developable residential land providing a housing mix of at least 50% multiple family dwellings and an overall minimum average density of 10 units per acre. With approval of the plan amendment and rezone, the City will continue to be in compliance with the Metropolitan Housing,Rule and meet projected housing needs. The total number of units that can be built on the site if it is rezoned to R-7 = 191, while the total number of units that could be built under the existing zoning = 190 units. The change from R-12 to R-7 reduces multi-family housing potential on a portion of the site by approximately 86 dwellings, but replaces these with 47 single family units. The change from R-4.5 to R-7 increases single-family potential by 39 units. The net difference is zero (1) additional single-family unit to the site. The reduction in multi-family units is deemed to be insignificant due to the fact that the actual housing density is increased and the change represents less than 0.5% of the City's housing opportunity index; the City maintains an inventory of 13,730 potential housing units and 1,313 acres of developable ' residential land, providing an overall density of 10.46 units per acre (Ray Valone, City of Tigard Community Development Department, Preapplication meeting, February 19, 1996). Based on the following model, the net addition of 1 dwelling to the housing inventory results in no change to the city's overall density rate. ' Density Calculation The development code specifies a method for computing allowable residential density (18.92 Density Computations). The code requires a calculation of buildable land with deductions for public right-of-way, private streets, existing development, sensitive land areas, and park and other public land dedications. Residential development potential is determined by multiplying the "net" buildable area by the maximum allowable housing density per zone district. Density may also be limited indirectly by minimum lot size, setbacks, landscaping and density transition standards. For demonstration purposes, it is reasonable to assume that approximately 20% of the subject single family (R-4.5) and 15% of the multiple family (R-12) site would be used for public right-of-way, private streets, water quality facilities and other dedications, as required by the City. Based on this assumption and the above methodology, redesignation of the 8.5 acre site from R-12 to R-7 causes a reduction to the housing inventory by a total of 43 dwelling units, but the change of 19 acres of R-4.5 to R-7 represents in increase of 44 units, for a net change of one additional unit. Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 31 I 1 ! S Goal 11: Public Facilities and Services Public facilities are available and adequate to serve the subject property with the proposed residential densities. There will be no substantial impact to public service capacity with medium density residential use (with R-7 zoning). Any required public facility improvements will be addressed during site development review. Goal 12: Transportation ' A trip generation chart has been prepared and is included in the application. This analysis shows there will be no significant impact to the transportation system and that the current road functional classifications are appropriate on the adjacent road system. The primary transportation facilities that will be affected by the proposed plan amendment include the following: 1. SW Hall Boulevard is designated as a major collector, and is not developed to the full right-of-way width at this time. Hall Boulevard is served by Tri-Met route number 76 with a regular schedule. 2. Sattler Street is already designated as a minor collector, and is appropriately designed to handle trips generated by the proposed medium density development. Access to the.medium density area will be directly onto Sattler Street, and the developer will comply with access improvements required by the city. Sidewalks will be built along Sattler Street, acknowledging the pedestrian and bicycle function served by this street. 1 3. SW 88th Avenue will eventually connect at Sattler Street in accordance with engineering standards for safe intersection design and City standards for intersection spacing. Table A shows that there will be a slight decrease (20 trips per day) in the number of daily trips from the proposed comprehensive plan designation change, zone change and PD overlay. This proposed development will include transit and pedestrian friendly design features such as small lots, clustered housing, pedestrian and bicycle accessways and streets that will provide connectivity to existing streets. The applicant will conform to all conditions made at the development review stage. The plan amendment and zone change will support public transit service by providing for development of neo-traditional, transit-oriented residential development along an established transit route (Hall Boulevard). The proposed development will include sidewalks, landscaping and appropriate lot orientation to encourage pedestrian access to nearby transit and pedestrian facilities. I Matrix Plan Change,Rezone, PD Overlay March 28, 1996 Page 32 I I • • Transportation Planning Rule (OAR 660-12-060) The Transportation Planning Rule (TPR) chapter regarding Land Use amendments states as follows: (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with identified function, capacity, and level-of- service of the facility. This shall be accomplished by either: a) Limiting allowed land uses to be consistent with the planned function, 1 capacity, and level-of-service of the transportation facility... b) Amending the Transportation System Plan (TSP) to provide adequate transportation facilities to support the proposed land uses consistent with the requirements of this division, or c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: c) Allows types and levels of land uses which would result in level of travel or access which are inconsistent with the functional classification of a transportation facility. (3) Determinations under subsections (1) and (2) of this section shall be coordinated with the affected transportation facility and service providers and other affected local governments. Table A shows the projected number of vehicle trips using ITE standards and a factor to account for the proposed smaller houses and higher density. The analysis shows that there will be a slight reduction (20 fewer trips per day) if the area is rezoned to R-7 and given the PD overlay. Land Division and development of the site will meet requirements of the TPR. Goal 13: Energy Conservation Residential development of the site will be basically the same with the new zoning and ' medium density designation. The Planned Development overlay may allow a higher density development, which will allow more residents close-in to schools and retail areas 1 Matrix Plan Change,Rezone,PD Overlay March 28, 1996 Page 33 I I • • in the southwest Tigard area and assist in minimizing the distance people will need to travel to shop or go to school. The site is located on a major transit route and future retail activity will be readily accessible by transit as well as the local sidewalk system. Goal 14: Urbanization I . This goal is not applicable due to the fact that the proposed residential land use designation is located within Tigard's acknowledged Urban Growth Boundary. Sufficient market ' demand is present within the existing Urban Growth Boundary to support the proposed medium density residential designation and small lot residential single family development. VIII. SUMMARY AND CONCLUSION Based on the foregoing analysis and findings, the proposed comprehensive plan amendment and zone change should be approved. The application meets all applicable criteria for approval, including City of Tigard Comprehensive Plan policies, development code standards and Statewide Planning laws. The primary points include: ► There was an error in the zoning map for the eastern portion of the site. There does not appear to be a record of a decision nor finding that this area was tlegislatively rezoned to R-12. The original zoning adopted by the City Council upon annexation was R-5 (5,000 square foot lots), which should have been changed to R-7, not R-12, when the City revised its zoning district naming practices. ' nearby R-12 areas has occurred at R-7 densities (or • Actual development patterns in ear y lower). This physical development leaves what would essentially be an "island" of low density land adjacent to multi-family land. Such a contrastin densities is not consistent with the City's Density Transition Policies and standards. ► Because of the 1986 rezoning of the Albertsons property at SW Durham Road and Highway 99, there was a physical change in circumstance that affects this property. The city council rezoned three sites in 1987 in an effort to make up for the lost potential for 400 housing units. These sites have been partially developed with residential multi-family units. The western portion of the applicant's site was recommended for upzoning by City staff in 1987, and is now being proposed for R-7 development at this time. The upzone of this portion of the site meets the City's requirements and overcomes objections raised in the 1987 upzone process, since the applicant proposes a "trade" in zoning districts, with no net increase in density for the entire site. I Matrix Plan Change,Rezone, PD Overlay March 28, 1996 Page 34 I f • • fATTACHMENTS A. Comprehensive Plan Map B. Zoning Map f ri C. Legal Description p D. Pre-Application Notes E. Other Application Materials 1. Application Form f2. Assessor's Map NE 1/4 SE 1/4 Section II, T2S RO1W) F. Neighborhood Meeting Summary 1. Mailing Lists and Affidavits 2. Posting Affidavit 3. Sign-in List and Mailing List of Interested Parties f4. Issues Raised at Meeting 5. Letter of Support f f f f f f Matrix Plan Change,Rezone,PD Overlay March 22, 1996 Page 35 f f ---;-7-1. '1 ffp, E 1•u..... -.... is .-- MIW p qi1.111Ptilari . .. - • - . .ilairil :Ann Ull 0 . $ ...,..... nuAY.•:•..*...:41, 11i.''..,% ..,„. . ■. ma Eillria.. ..,-L. 10111111166'11,7", it .-.. ... •, f ,irvils lit" .:::::.:1'-.--:":14; nre4z6..i...:. -.....tss:44t: , .• 15 ii . • ay-Jo 1 ......• ..-.:..., t.÷-,.„g..?.,... 1 : MINIM ..., .... 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Iti EN Aril ‘%zill - .. •OS , • -".:.i.V,2 1,W,.....=- . " • " ---,f-,=.„. :;-,:-..r" •. . ., .- • '1-%,-4.>7r.: .•• 7;17.-01917 ,4 will* 4 P.1111-Ork-Am I-:.--.... ..' :1%7"mr-wrin. MIT- - --.-----. ---. .1 '. "-.-- -' • -. .t-ti-'z-7-,-=---- - • ... .... .. .,-,:a:- -,,,,,, • /\ TIGARD COMPREHENSIVE PLAN I NORTH SCALE UNKNOWN LEN.. = SITE I *pr- '.' = AREA PROPOSED FOR I frAll MEDIUM DENSITY RESIDENTIAL • . II DESIGNATION I Attachment A ^� Attachment B \\ ✓_� I \7 2' .. ;9' /, _ CITY OF TIGARD ZONING MAP 4 •- CBD < R-12: 12 units per acre 7 1 (3 050 sq.ft. minimum lot size) _I r'.•ik;,• R-7: 5,000 sq.ft. minimum lot size :'' � �s•,.' R-4.5: 7,500 sq.ft. minimum lot size '� .0.) ," , /PD: Planned Development i• R5 ,y 1'', '` �//•,,`"`•'i: TIGARD ,, .. � cIT7 �� ' SCALE: 1 inch =800 feet i. II �' 'y= HALL �[ y ��. " ".Q`ve ' •(MllNICIPQj- COURT', j.. I : ' -_ . NORTH,� , • <- w z•-rF; - ��,�^y���t�- . _ '7 ii Qi ;SENIOR /"' ,' R:.----4.67-,-RR 1`2 I CENTER ,. Z _ ; I: i��1, � '/ 1 I L:_-j• I - C^ r I E.. ,L__ J J \: ; \\ \,-.4.:,'. Ili ill • z : "H-1 •1 i i ...111 :� ...i_u = \ `•�' , 1 I ,..,D I -- ----17j :'i I I 'L-' n C'.-``,�: sr:....: l _'':'.'` -- -.1. -1- ; 1 .`._^'1 f 1 � I I I -� 171 T-'''''-1:: r '' :'. 'v`"1 i ti::1 I,_-� I l ,a_UISk�- 1__'-- ''' r-T1 :o .,y�.�l `\ �.•-1 . � a ��� :t,.)-_,cam R-12 R:I7 _.f ,1 ---. IL . — f—, t ....:. ,, 'fit• — I - - ::F\.�, 1 : ;j- ..i _ -=;:ft', I I t! _-__--'- I' - i; I. a Ili J — tir ; - -�: ::_4g 1 1 I r ' TWALITY i - ^TEL%'1•-`''',_-7::-- — `,T::.. _ it .. ® JUNIOR . , rte `- _ R-7 '',i;. 11 . ,:' I—E I i 1T �-9 P —� I,' •; > dr I t D) II ,,*;',--`=f?''`E -` ,t SCH06l',u �� ` Fa. E— - i.�_ ail 4La' lia;- `,;1 1 I I 1 ,o1 i,`t y'1r'J.r-� �}'T` _ _ l7 _;-_'l Q�i T ,I� _ _ ._ I , {��.^ r1 - `" l PC IJ:.rtr..�,l ` r= n.L0-- - 1 I 1 I ez..t.-2----�, --,',:1J -4001 N. �_7 ` EMPLE 4f`� �� '>V,)-II LL:1,•,� 1 "I`', �_ (` ;',9-. I 1.: tv. I ` '1 y�J TON _i- -p.'. i �• r ! ,-_i 1 Ii---. _'`^ �F @1� rr� 1- C I 1 H J ~•', .1 , 1 I - ;:l �.••,•'-� '-'`'^ I':' ---� `', Battler Street —� 7Th,J-,�, , ,-;r— I—7 1—,- - . - : vo 1 r.r- �I�t� ,�i ( '�-i,•s',;i�">-`C ra,•. T 't Y:/1�:, _a_I'- 1 ' / 4} 1 cl T%`1 .∎�1�1���11191111'^'-- l r-'2 .�" ��ip-.4:I _^.r`:. .L t.L ;"7":::',.-+.-,e�'- I r -e; IiR-12 = -�_ 1=- _ E r 111-, ..,. - J°''� !�, l .`� i; (�);•' _..._ 1. .r 1 r-> ''''''0,//i',, IS'i1T !,`J�. '; `_.. _��.C _.�fI- ;.I -(. :G-L: �'.� -__ J -1 Durham Street ,; i' I--' - , ?�..-_ I TIGARD ..:`: — C 3��-111' _ ® HIGH SCHOOL i� j' /alkyl!N, i� , 77c fl L�hhl 'i 1 GE IT cS:CH9�. 1 -- 1 �yy777 I ,,��, j �ti�- �� !�?` _-� USA 1. -- 1 --- -,aJ,r'\ '- JIJ1L 11. RCATV.E' �..._ • pp�� frP / .%/I /-�, ' if II Order No. 785675 1 11 Attachment C-1 !!:REVISED EXHIBIT "A' i. • PARCEL I: . i. I Commencing at the Southwest corner 4 a parcel of land in Deed dated April 8, 1890, recorded in Book 28, page 62, Dead Records of Washington County, Oregon; thence f=eat 6.711/4 ohainc to a atako; thonoo North 8.331/4 chains to a stake;thence West 5.711/4 chains to a stake;thence South 8.33+4 chains to the place • ' • of beginning, being part of Donation d Claim of Solomon and Elizabeth Richardson, in Section 11, Township 2 South, Range 1 West. of thei Illamette Meridian, in the City of Tigard. County of Washington and State of Oregon. I; IPARCEL II: A part of the Donation Land Claim of Solomon and Elizabeth Richardson in the City of Tigard, County of Washington and State of Oregon lying irii Section 11, Township 2 South, Range 1 West, of the Willamette I Meridian, commencing at a point 16.S6'/u chalno North of 17.15 chains.Wcct of the Southeast corner of oald Section 11, running thence North 15.3 ;chains; thence West 5.71+/4 chains; thence South 16.36%chains; thence East 5.711/4 chains to the place :beginning. II IPARCEL Ill: • �1 Commencing at the Northwest corner ofithat certain tract of land conveyed by J. T. Ruffing and Martha A. I Ruffing, husband and wife, unto Anton Saltier and Mary Settler, by Deed dated May 29, 1909 and recorded June 2nd, 1909 in Book 83, page 212, Creed Records, in Section 11, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon; running thence Easterly along the Northerly line of said ixact 200 feet to a point; thence South 100 feet, more or less, to a I point;thence Westerly and parallel with tiie Northerly line of said 200 feet to a point; thence North 100 feet, more or less, to a point In the Northerly line of said tract. II PARCEL IV: ,1 Commencing on the East line of the Solomon and Elizabeth Richardson Donation Land Claim, twenty-five (25) chains North of the Southeast corner'of Section 11,Township 2 South, Range 1 West, of the Willamette Meridian, In the City of Tigard, County of;Washington and State of Oregon and running thence West 17,15 I chains;thence North 8.031 chains; thence East 17.15 chains to the East line of said Donation Land Claim; thence South 8.031, chains to the place t7f beginning, EXCEPTING THEREFROM the Northerly 100 feet of the Westerly 200 feet thereof. i EXCEPTING THEREFROM a parcel of laud in the Southeast one quarter of Section 11, Township 2 South Range 1 West, of the Willamette Meridian,:in the City of Tigard, County of Washington and State of Oregon, being more particularly described as fol'tws: I l Beginning at a point that bears North 0°56' East, along the East line of said Section 11, 287.40 feet from the Southeast corner of that certain parcel conveyed by Deed recorded in Book 83, page 212, Washington County Records of Deeds; thence continuing along said East line, North 0°56' East 105.0 feet to a point; I thence North 88°48' West 15t3.0 feet to a point; thence South 0'58'West 105.0 feet to a point;thence South 88°48' East 156.0 feet to the point of beginning. EXCEPTING THEREFROM, the East 30.0 feet in State Highway 217. i I PARCEL V: i. A parcel of land In the Southeast one quarter of Section 11, Township 2 South, Range 1 West, of the I Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: II Beginning at a point that bears North 04156' East, along the East line of said Section 11, 287.40 feet from I the Southeast comer of that certain parcel conveyed by Deed recorded in BOOk 83, page 212, Washington County Records of Deeds; thence contis:tting along said East line, North 0°56' East 105.0 feet to a point; thence North 88°48'West 150.0 feet to a oint;thence south 0`53'West 105.0 feet to a point;thence South I • 88 448' East 156.0 feet to the point of tbginning. EXCEPTING THEREFROM, the East 30.0 feet In State Highway 217. it !I �i 'J r i i�r,-•: i I __. .-. . .. .. ._ _ _ THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY ` S�, „ r. R cy ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAy BE DISIFED BY ACTUAL SURVEY ii 1111 ` �'� ' .' •'. First •A rican Title Insurance Company of ' r`:�,- „ �:�,I.., p y Oregon �\ - an sssum.d OualneaS nem. _ � o(T('fLE tNSURnt{ e rnupeNr OF oREGOrr I1700 S.W. FOURTH AVE.. PORTLWND. OR 97201-55,12 2S 1W 11 DA (reduced map) (503) 222-36511 JJ was w+r>_.. . „S.1V, 5A T TLER -, w STREET' ' � o i1 zoo f I; T l� .1 too i.,r7x� 1 \ : . .17�Y It:-,: ' I I I 1 ¶{ y, ` y l t ` L,� , , l . vt y i Ij .), , ‘-'1?: ,• I iii. i \c,t -, ,: .,,-. •i \,,;) ,..... I) -, .. i I . 1 „ . ., < r I I 1 ` /I. • tS 311 ts Is l ,( �1 f 1 Il !II - 1 . 1 Dos,, ill I g' gE4 II. . tri .,. in. r I . . SEE MAP ,: ZS1n:9 I • • • i Attachmeni. C-2 I ' • • ATTACHMENT D Preapplication Meeting Notes ' Comprehensive Plan Change, Rezoning, and Planned Development Overlay for the Matrix Development (Sattler Property) ' February 20, 1996, Tigard City Hall ' Attending: City of Tigard: Ray Valone, Mark Roberts, Nels ' Matrix Development: Larry York W&H Pacific: Laura Jackson, Chris Eaton Items covered: Laura reviewed the proposal to change zoning on three tax lots from R-12 and R-4.5 to R-7. ' Larry talked about the type of development his firm wants to build, and noted they are not interested in multi-family development, and would prefer to build one single family development ' over the entire site. He plans to build a neo-traditional, detached single family development. Laura asked about the best timing of applying for the PD overlay and city staff said concurrent application with rezone, etc. would be fine. Ray reviewed timeframe for public hearing once application is submitted. The planning ' commission hearing would probably be in 3-4 months, and is not covered by 120 day requirement. Mark reviewed notification process for neighborhood meeting. He gave out handouts with ' samples, and directed the applicant to provide notice to the South CIT representatives and property owners within 250 feet of area. This meeting must occur prior to submitting the application. Ray discussed strategies to address the City's criteria for comprehensive plan changes, including what constitutes"physical change". Ray gave some information about the property's history, ' including the ordinance and zoning map that initiated the annexation, which appeared to have a mistake. ' Ray suggested that the applicant analyze traffic impacts prior to the neighborhood meeting, and be sure to address the Transportation Planning Rule in the application. The City staff noted that ' in site planning, they would want SW 88th Avenue to connect through the development to Sattler. Ray talked about Tigard's current balance of housing units to meet the Metro housing rule. II: Attachment E-1-1 11 II/ III .I A L . CITY OF T � ,�. ��. TIGARD, OREGON b II COMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION IICITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY IICASE NO. CPA t C-t5oo zo AJ 9(o-O V v 3 OTHER CASE NO'S: I RECEIPT NO. APPLICATION ACCEPTED BY: kNr IDATE: 3 frl 199(A 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION SW Hall Boulevard and \. (A) Application form (1) ISW Sattler Street I (B) Owner's signature/written TAX MAP AND TAX LOT NO. NE 1/4 SE 1/4 Section 72 authorization II T2S RO1W Tax Lots: 100, 200, 300 I 1 y/(C) Applicant's statement SITE SIZE 27.5 Acres (pre-app check list) II PROPERTY OWNER/DEED HOLDER* See attached owner's list ,7(D) Filing fee (t 7g7-sq>.) ADDRESS `PHONE Additional information for Compre- CITY ZIP sivePlan Map Amendments/Zone Changes II APPLICANT* Matrix Development v//'-(E) Maps-indicating property ADDRESS 6900 SW Haines PHONE 620-8080 location (pre-app check list) ' CITY Tigard, OR ZIP 97223 ./ (F) List of property owners and *When the owner and the applicant are different addresses within 250 feet (1) II people, the applicant must be the purchaser of record %.,/' (G) Assessor's Map (1) II or a leasee in possession with written authorization c,/'(H) Title transfer instrument (1) from the owner or an agent of the owner with written Iauthorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: II 2. PROPOSAL SUMMARY The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: I applicable) from low density to medium density res C ^fr)--1 LoW . 1 {X4.5 19 tpe4A.4 iv—„ and a Zone Change from R-12 and R 4.5 to i46b. t-�sni le.-t2 Irs5 A R-7 C,..,,ANA OR LET II The applicant requests an amendment to the Planning Commission Approval Date: following sections of the Comprehensive Plan II or Community Development Code N/A City Council Approval Date: 0737P/23P IRev'd: 5/87 Attachment E-1-2 , 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: Apply Planned Development Overlay I 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. • 5. THE APPLICANT(S)• SHALL CERTIFY THAT: A. The above request does not violate q any deed restrictions that may be attached to or imposed upon the subject property. • B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ' C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants - so acknowledge that any permit issued, based on this application, may be revoked if it is found that any 'such statements are false. • D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. ' DATED this day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. Edward J . Satt er , Jr . ' Lillian E . Sattler • Lil ian E . Sattler , Trustee , 1 (KSL:pm/0737P) 1 Attachment E-1-3 PROPERTY OWNERS Edward Jacob Sattler, Junior; heir and designee of Agnes Sattler Miller 1 (Tax lot 200) Address: e goo S 141, S4' r II /WV f 9aI/ I Uv e✓c'h (19 22-c( 1 Phone: (7) 2-0 -3 3 ' Lillian E. Sattler, Trustee of the Edward J. Sattler Revocable Living Trust (Tax lot 100) Fig J ' Address: / 5—Z it c 5, (U, t i iV h y ai.1' if- ,9c4-1 q',22ti Phone: (' 3 / 26 7 Z ' Lillian E. Sattler, Trustee of the Lillian E. Sattler Revocable Living Trust (Tax lot 300) 6/1/4I/ Address: I ,�2- ti r 5, 4/, kiaa// /V yav 0i` '2ZZ9 Phone: �; (^ Z 1 1 1 1 1 1 i Attachment E-1-4 ,,t,.... .•.,•,.. ,,1C vvmrAryT . s.1• A „ e R r ASSUMES NO ILITY FOR ANY VARIATIONS AS MAIM BE DIS E J BY ACTUAL SURVEY `-,-= ME l• MN 11110 MEI • / - ,• ... ... ... 1.1, ,.•r. N. 1.. =II :w0 _ p ,.., V t r•.m. ` n r i iCN `•r�G T1p 100M -;`f i 23_x 4 Z : I ]x x . �'. �, x• SITE MAP soso •_i , i s VI Z ":* . •,, Nil, ssos \ . .... 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Al..«5 2. _ it ,x 1 �'^i—�N\ if-•I �I f• 3 n« W ...• I CC r ..I f,00` -..Y -I .-1:SO rb: lil a.:.01.. „„a .. •,� ” ' n` ..•FORD n� _ >w C ! t. .y = 7.% a.+n'.s .G ',a ,., , ' ' 'tea ;1+ ] ' _ I "m•' ]«�3:>tIDO�]�a i000 07171ir«i:OW:if 01 i:.I:Oii• • `F ! ._. _ xx • _ ,' ...esm. 3 • .fR<_•.. I .] u I .a ], :, fa `t om,I � i ,1T ....,.< " : r�'1 . • I - '."- . L I at 2s:a- ' � r\ 1)b r WO ..i - - �S�'� ss 1- - i w, N ] n�HAMLET ``=AMLET 1 AL * •a //a15/7/I9 fr 6. y�..x. .] cT. "a , — f CO silt 11.... ,„. .....f I 8009 W. jj,°0 W J A.f7-/t- OS . m { " R9 tiCO 4 Sin.. .. .. iii*,....,� .. _ North 3 O " n i, • ••,.. k j em ;Sao ,ao c R°o'► y n m n,» +� ~� M • z 471;40,A I. _. .• ��j °�R .1 'w COURT " 54,. �� T I • Scale /w~ xi ...r .-ay •� .N ' x> ; u .J�... , \\YGS a. , „� "� �' STREET { u� � rnI x« ” •,..A •" -S "u °,",. mm R,m ] s.;� R 131 L1 h K►1(�W r • • ' ATTACHMENT F Neighborhood Meeting Summary ' 1. Mailing Lists and Affidavits 2. Posting Affidavit 3. Sign-in List and Mailing List of Interested Parties 4. Issues Raised at Meeting 5. Letter of Support 1 I 1 • . . • . • i • • AFFIDAVIT OF MAIUNG STATE OF OREGON • ) SS CITY OF TIGARD I, Stacey Babcock , being duty sworn, depose and say that on March 4 19 96 , l caused to have mailed to each of the persons on the attached list a notice of 4 meeting to discuss a proposed development at Sat tler Street and Hall Boulevard in Tigard. a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and I were deposited on the date indicated above in the Unfted States Post Office at Beaverton (97008) with postage prepaid thereon. • ./1 Signature Subscribed and sworn to before me this /k-) day of AGV1(1--Z\ , 19 A LANE • Notary Pub.!? • My ComMtssion Expires: i;r1m,, 6;1 le . Cr46.`,.15:3r.14 a21S CcAAMiza,...614 MAP.. • _ I tt\loginVoValmail.cit . . F-1-1 MOM 1111. - MOM MIR MO MOM EMI MO R0509346 RO5 355 05 X64 Frances Hoffman Harold Lyster & J Marjorie James Kjos 15685 SW Alderbrook Cir 15625 SW Alderbrook Cir 15605 SW Alderbrook Cir Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 80510076 R0510290 R0510307 Norma Koenig Janet Lanford James Wilson & R Christine 15575 SW Oakt:.ree Ln 15680 SW 88th Ave 8960 SW Hamlet St Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R0510316 R0510325 R0510334 Chang Hwan Lee & Kyung Ja Lee Gale & Bernice Marvel Jacques. Lee Voelzke Jr _ 8940 SW Hamlet. St 8900 SW Hamlet St 8870 SW Hamlet St • Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 • R0510343 R0510352 R0510361 • Harry & Sally Brown Wayne & Judith Brown Loren & Penny Jahraus 8850 SW Hamlet Si; 26400 SW Baker Rd 8800 SW Hamlet St Tigard , OR 97224 Sherwood , OR 97140 Tigard , OR 97224 R0510370 R0510389 R0510398 Tony & C Suzanne Houk Herbert Berta Neubauer Robert Himmelwright 8805 SW Hamlet St 8835 SW Hamlet St 8855 SW Hamlet St Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R0510405 R0510414 R0510423 Timothy & Susan Burke B Rupert Koblegarde John Arrigoni & R Marl, 8885 SW Hamlet St 11.30 SW Morrison St 8935 SW Hamlet St Tigard , OR 97224 Portland , OR 97205 Tigard , OR 97224 R05 104 32 R05.1 04 4 1 R0510450 Fred Feather & M Virginia John & Jan Merchant Jr _ Sue Higdon 8955 SW Hamlet St 15630 SW 88th Ave . 15615 SW 88th Ave Tigard , OR 9722.4 Tigard , OR 97224 Tigard , OR 97224 R0510469 R0510478 80510487 Peter & Cathy Her• t dt James & Barbara Squires Greg & Kim Williams 15645 SW 80th (we 15675 SW 08th Ave • 15695 SW 88th Ave Tigard , OR 97224 Tigard ,rd , OR 97224 Tigard , OR 97224 T f N 05 u 96 5.11 / 7 R0512617 Donna Lynam John & Jane Schmidt Lynn McDonald & R Monica 15705 SW Stratford Loop 8325 SW Ross St _ 8340 SW Ross St Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R0987659 R0987668 R0987677 Carl & Evelyn Yardley Robert Butler & Joeanne Butler E Gough Margaret • 15620 SW Alderbrook Cir 15640 SW Alderbrook Cir 15660 SW Alderbrook Cir Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R0987695 R1015626 R1015635 Varney Cornwell Jr . F J Scheckla F J Scheckla 1572.0 SW Oak Meadow Ln 15085 SW Hall Blvd 15085 SW Hall Blvd • Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 P1015644 R1015653 R1015662 Ray Met.zcjer Kaz_ern Kn & Salari Marzei Nejad Theresa Castellanos 8705 SW Reiling S1:. 8695 SW Reiling St 8700 SW Reiling St Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 8101567/ R1015680 R1015733 Larry Williamson & L Sandra Herb Truax S Jane Morrill 8710 SW Reiling St. 8720 SW keiling St 10055 SW Hedges Ct Tigard , OR 97224 Tigard , OR 97224 Tualatin , OR 97062 81015742 RJ.01575I 81015760 David Westtall & M Ii.na Steven Reynolds & Linda Hart Floyd & Beverlee Goff . 15110 SW 88th Ave 15140 SW Beth Ave PO Box 230669 Tigard , OR 9722.4 Tigard, OR 97224 Tigard , OR 97281 81.01.5779 8101.5/88 R.1015840 Michael Berry HOUSING AUTHORITY OF Aaron & Katie Shovers .1.511.5 SW Bath Ave WASHINGTON COUNTY 1420 Iroquois Ave Tigard , OR 97224 111 NE Lincoln St #200-L Long Beach , CA 90815 Hillsboro , OR 97124 R1015859 R1015868 R1015877 Sharon Miller Wendy & Ronald Hughes Jill Taylor 15040 SW 89th P1 9205 NW Skyline Blvd 15080 SW 89th P1 Tigard , (k 9/'.4 Portland, UR 97231 Tigard, OR 97224 n r w 11100 MEMIRAMOULAIIII MOM MOO 11110 ONO MMO0110111V MOM MOO MO IIIIIVIOMOruAMOO OM MMO MOO - Scott & Leslie Chase Gary & Judy Slavens Mark Sahli & Patricia Callaghar 15100 SW 89th P1 1512.0 SW 89th P1 15140 SW 89th P1 Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R1015911 8101592.0 R1015939 Eric Schamp Lana Williams HOUSING AUTHORITY OF 1.5145 SW 89th P1. 15125 SW 89th P1 WASHINGTON COUNTY Tigard , OR 97224 Tigard, OR 97224 111 NE Lincoln St #200-L Hillsboro , OR 97124 R1015948 R1015957 R1015966 David Harold Riverman Steven & Kimberly Ann Self Mark Robert Winston 15085 SW 89th P1 15065 SW 89th P1 15045 SW 89th P1 Tigard , OR 97224. Tigard , OR 97224 Tigard , OR 97224 • R1016028 R1383782 R1383906 Thomas Furukawa & Y Estelle Bette Atkinson Richard & Marilyn Durand 15025 SW 89th P1 8722 SW Hamlet St 15675 SW 87th Ave Tigard , OR 97224 Tigard, OR 97224 Tigard , OR 97224 R1383915 R1383924 R1383933 David Dailer John Burns Jr. & D Pamela Dennis & Sylvia Ford 15653 SW 87th r='v€ 8785 SW Hamlet St 8769 SW Hamlet St Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R1383942 R1383951 R1392326 David Hildahl. & A Lorna Gary Mays & Teddi Gordon Duncan & Deborah Cameron 8743 SW Hamlet St 8721 SW Hamlet St . 15119 SW 91st Ave Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R1392335 Id ,192.,A4 8.1.39235 3 Raymond HuughLurr 1. L & Li Carolyn Kimberly Hubbell Robert Ray & Valerie Harris 22401 Mckenzie Ct 1. 507.5 SW 91st Ave 15061 SW 91st Ave West Linn , OR 97060 Tigard, OR 97224 Tigard , OR 97224 R1392610 8139262.9 R1392638 Octavio & Cathryn Garcia Clayton & Diane Wilson Timothy & Joanna Medinger 9057 SW Westlund Ct. 9045 SW Westlund Ct 9033 SW Westlund Ct Tigard, OR 9727.4 Tigard, OR 97224 Tigard , OR 97224 n • Yn 1 4-• n l /n n/ I:: n t -v n M 11110 MO MO IIMM O E 11100 MO MO OMM MO MO M - • - M R1392647 R1392656 R1392665 • Mark & Kati Fantz McKee Patricia Recht David & Kyong Penaflor 9021 SW Westlund Ct 9022 SW Westlund Ct 9034 SW Westlund Ct • Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R1392674 _ ^_ Donald Werner & A Kathleen Scott & Wendy Galloway Dana & Beverly Woodard 9046 SW Westlund Ct. 9058 SW Westlund Ct 8469 SW Ashford St Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R2004800 R2004801 R2020446 ' William & Ann Bradley Paul Eklund Daniel & Stacy Childers 8447 SW Ashford St 8425 SW Ashford St 14954 SW Kenton Dr • Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R2020447 R2020448 R2020449 • Todd & Susan Beahrn Carolyn Nielsen Stephen Bried 14932 SW Kenton Dr 14910 SW Kenton Dr 14896 SW Kenton Dr Tigard , OR 97224 Tigard, OR 97224 Tigard , OR 97224 R2020450 R2020451 R2020452 James & Carolyn Moll Patricia Jo O' Connor Bradley & Laurie Pittmon 14874 SW Kenton Dr 14852 SW Kenton Dr 14830 SW Kenton Dr Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R2020453 R2020454 R2020455 Kenneth & Karen Rose Klassy Andrew & Valorie Westlund Douglas & Jacqueline Jon• III 14818 SW Kenton Dr 14800 SW Kenton Dr 14807 SW Kenton Dr Tigard , OR 97224 Tigard , OR 972.24 Tigard , OR 97224 R2020460 R2020467 Gary & Clydene Wanderscheid TIGARD CITY OF 14943 SW Kenton Dr PO Box 23397 Tigard , OR 97224 Tigard , OR 97281 1 cn -: IPACIFI I .=; ?.-'i.'' 8405 S.W.Nimbus Avenue Beaverton,OR 97008-7120 IMarch 4, 1996 I Dear Property Owner and Interested Party: I RE: Proposed Comprehensive Plan and Zone Code Amendment IW&H Pacific is representing Matrix Development, who is interested in developing property located at the southwest corner of Hall Boulevard and Sattler Street(also known as tax lots 100, 200 and 300 I NE 1/4 SE 1/4 Section II, T2S R1W W.M.). Matrix Development is considering an amendment to the comprehensive plan and zoning map to create one single zoning of Single-Family Residential (R- 7) for these tax lots in order to develop the area with single family residences. The current zoning I for the property is split with a portion zoned Multi-Family Residential, (R-12) and a portion zoned Single Family Residential (R-4.5). The developer will also seek a Planned Development (PD) overlay for the subject property. IPrior to applying to the City of Tigard for the necessary approvals, we would like to discuss the proposal in more detail with the surrounding property owners and residents and hear what you have Ito say. Therefore, you are invited to attend a meeting on: Tuesday, March 19, 1996 ITigard Senior High School (Commons Area, enter at front of building) 9000 SW Durham Road ITime: 7:30 to 8:30 p.m. Please note that this will be an informational meeting only, to review schematic plans and discuss the I implications of these proposed changes. The owner does not have specific site plans developed at this time. I We look forward to discussing the proposal with you. Please call me at 626-0455 if you have any questions. ISincerely, W&H PACIFIC, INC. 1 Chris Eaton I F-1-6 (531626-0455 Fax(5031526-0775 Plannine•Eneineerine• Survevinw• I.amlkcane Architecture• Environmental Services e I . ... ... • 410 . „ I - • • - . .. 1 • 1 I AFFIDAVIT OF MAILING 1 STATE OF OREGON ) ) SS .• CITY OF TIGAF10 ) I I I, Stacey Babcock , being duly sworn, depose and say that on March 1 19 96 , I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed development at Sattler Street and Hall Boulevard in ITigard , a copy of which notice so mailed is attached hereto and made a part of hereof. 1 1 further state that said notices were enclosed in envelopes plainty addressed to said persons and were deposited on the date indicated above in the United States Post Office at Beaverton (97008) 1 , with postage prepaid thereon. I • '-'Th.\ rkg_50.),-- 6c>.. 6:,Q. Signature I Subscnlied and sworn to before me this La day of MeV?,/, 119 q b' II , CFPc.I.x„ .;,-.A; Kl?■AFFRs, i‘ 11ilit-/1:.(11, rl-• , .1"J,— . . , • . — . 1-/ otary Public I '- - .,. ., . ,..,, _,..3::. ..,.:.,:;:C.,:i EXP:RE3 MAR.26,..9%i ----- My C,ornrn ion Expires: (04 (..6 0 Lel icM 1 1 . - ItrVosinVo\az-immix:t I . . F-1-7 • Jack Biethan 15525 SW 109th Avenue 1 Tigard, Oregon 97224 ' John Benneth 1550 SW 109th Avenue Tigard, Oregon 97224 Ray Valone ' City of Tigard 13125 SW Hall Boulevard ' Tigard, Oregon 97223 ' Lary York Matrix Development Corp. Plaza 2, Suite 200 6900 SW Haines Street Tigard, Oregon 97223 1 1 1 1 ' F-1-8 M E 11110 I O 11100 M MMO O O O 01111 O MO I OM O M s Lacey y R0500390 R0500657 _ .11iam & Martha Reynolds Geoffrey & Launee Reader T1Thomas maoma SW 92nd Ave 1025 SW 92nd Ave 15015 SW Dawn Ct gard , OR 97 224 Tigard , OR 97224 Tigard , OR 97224 idal R0500675 R0507927 u pe Diaz & H Barbara Michael & Joan Arnett Edward Sattler Sr . & E Lillian Box 428 8076 OR 97224 8076 SW 184th Ave 15245 SW Hall Blvd nuela , HI 96743 Aloha , OR 97007 • R0507936 R0507945 R0507954 BATTLER AGNES ESTATE OF Lillian Sattler Henry Schmidt Edward Jacob Sattler 15245 SW Hall Blvd 15435 SW Hall Blvd Tigard , OR 97224 5800 SW Sattler St Tigard , OR 97224 Tigard , OR 9722.4 R0507972 R0507981 R0507963 Martin & Virginia Borgford Aubrey & Mary Hubbell. Virginia Drumm & Carla Webber Marti SW Alderbrook Dr 15200 SW Alderbrook Dr 15220 SW Alderbrook Dr' Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R0508007 R0508016 1;0507990 Helena Hoffman Robert & Lois Aungier Louie Yazzolino & C Cannella 1elen SW ffmanbrook Dr 15260 SW Alderbrook Dr 15280 SW Alderbrook Dr Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R0508025 R0508034 k05080.43 111 Melvin & Betty Nielsen Wilfred Burgess & S Margaret G Homer & Grace Hamlin 1 Alderbrook Cir Edyth Henderson 15340 SW 5320 SW Dr . _ � 1 '3.360 �;W Alderbrook Cir Tigard , OR 97224 Tigard , OR J /;...::_1 ' I'i gard , (.11. 9722 4 f�050806 1 (�.O',08070 80508052 Donald & Virginia Croy William & Norma McCabe Walter Grimm 15400 SW Alderbrook Cir 15420 SW Alderbrook Cir 15380 SW Alderbroyl< Cir � Tigard, OR 97224 Tigard, OR 97224 Tigard , OR 97224 • R0508089 R0508098 R050810.5 M Maaxine xine Eugene Marie Walman Price John Irma Kreitzer , 15460 SW Alderbrook Cir .15.480 SW Alderbrook Cir 15440 SW Alderbrook Cir ,,,,. Tic-lard , OR 97224- gard , OR 97224 I" i <:r.�rd , OR `)/'. I M R0 OMB Milli r MO 8AIO OM MOO - R�11; 80508114 Allan Coutant & G !Manor Otto Lindeman Richard Williams & B Eleanor 15540 SW Alderbrook Cir 15500 SW Alderbrook Cir 15520 SW Alderbrook Cir 1554rd , OR erbro Tigard , OR 97224 Tigard , OR 97224 97224 - 80508150 R0508169 R05U8141 Walter & Mary Crow Glenn & Jeanette Wegner Charles & Betty Mathisen 15535 SW MadyrCrowk Cir 15555 SW Alderbrook Cir Tigard ,SW Ald972 wok Cir Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 97"2q R0508196 R0508203 805081.78 Pamela Porter Brandt Jeannie Wilkie 15515 William Leo Hughes & Mary Sharon ;John Porter 15475 SW Alderbrook Cir Tigar SW OR 97224 Cir Tigard , OR 97224 • Tigard, OR 97224 1�i495 SW Alderbroo4� Cir Tigard , OR 97224 R0508221 R0508230 R0508212 Virginia Barber Virginia Hartman H W Peck & Marcella O ' riel Peck Virginia is Barbrbrook Cir 15455 SW Alderbrook Cir 15435 SW Alderbrook Cir Tigard , OR erbrO Tigard , OR 97224 Tigard , OR 97224 97224 R0508258 R0508267 RU508249 Donald Pinkerton & Fry Virginia Ramsey & Joan Chaffey 139William & Jeanne okyGl:�c�rcJ i5375 SW Alderbrook Cir 15355 SW Alderbrook Cir Tigard ,SW Rld9rb24 Gin Tigard , OR 97224 Tigard , OR 97224 Tigard , OR 9722.4 R0508301 R0508310 R0508276 Betty Chord Daniel Schierman & C; Emma Robert Gillette & J Maida 9ett SW Summerfield C� 15315 SW Alderbrook Dr Tigard . Su erfie Tigard ,SW Rld97224 Cir Tigard OR 97224 Tigard , UR 91%-.'-'a 97224 R05083/4 R0508383 R0508329 Bert & Joyce Astrup Donald & Eunice Wi. Ihelm Robert & Margaret Lucas 9105 Bert & oyceer true Ct 9130 SW Summerfield Ct 9135 SW Summerfield Ct Tigard , Su erfie Tigard , OR 97224 Tigard , OR 97224 97224 80509079 R0509088 RU5U90v0 Alva & Mary Jane Slavens Margaret Mctceon Lester Lieberman 15700 SW Alderbrook Cir 15580 SW Alderbrook Cir 15600 SW Alderbrook Cir 1570rd , OR erbro Tigard , OR 97224 Tigard , OR 97224 p = - - NM an MS NM - I - - - - - - N OM R0509346 R0509355 R0509, Frances Hoffman Harold Lyster & J Marjorie James Kjos 15685 SW Alderbrook Cir 15625 SW Alderbrook Cir 15605 SW Alderbrook Cir Tigard , OR 91224 Tigard , OR 97224 Tigard , OR 97224 R051.007() 805/0290 R0510307 Janet Lanford James Wilson & R Christine Norma Koenig 15575 SW Oakl.:ree I_n 15600 SW 08th Ave 8960 SW Hamlet St. Tigard , OR 9722d Tigard , OR 97224 Tigard , OR 97224 R0510316 80510325 R0510334 Ja Lee Gale & 'Bernice Marvel Jacques Lee Voelzke Jr _ • Chang Ftwan Lee & E<1 t.rr�a � 8870 SW Hamlet St 8940 SW Hamlet. St 8900 SW Hamlet St III Tigard , OR 97224 7. Tigard , OR 97224 Tigard , OR 97224 R0510343 80510352 80510361 Harry & ,Sally Brown y Wayne & Judith Brown Loren & Penny Jahraus 8850 SW Hamlet St 26400 SW Baker Rc! 8800 SW Hamlet St • Tigard , OR 97224 Sherwood , OR 97140 Tigard , OR 97224 80510370 8051.0309 R0510398 Tony & C Suzanne Houk Herbert Berta Neubauer Robert Himrnelwright 8805 SW Hamlet SI: 8835 SW Hamlet St. 8855 SW Hamlet St Tigard , OR q� 4 Tigard , OR 97224 Tigard , OR 97224 '"'"22' IZ051 04 1 4 80510423 • Timothy John Arrigoni & R Marga Tirnot.hy & Susan Burke L� Rupert 1:oblegarde St 8885 SW Hamlet. 1130 SW Morrison St 0935 SW Hamlet St -, Tigard , OR 97224 Portland , OR 9-,, _0�� Tigard , OR 97224 R051U43'l. WM10411 R0510450 Sue Higdon Fred Feather & M Virginia John & ,]an Merchant Jr _ � t. 8955 SW Hamlet 15630 SW 88th Ave 15615 SW 88th Ave T iga rd , OR 97224 Tigard , OR 97224 Tigard , OR 97224 R0510469 10510478 R0510487 lliams Greg & Kim Wi Peter & Cathy Her st:.edt James & Barbara Squires Gr Greg5 SW 88th Ave 15645 SW 88th Ave 1.5675 SW 88th Ave T , T i �_l �rci , OR 97224 Tigard , OR 97224 • T, Tigard . OR J% 97224 4 ' PACIFI€! 8405 S.W.Nimbus Avenue Beaverton,OR 97008-7120 1 March 4, 1996 Dear Property Owner and Interested Party: RE: Proposed Comprehensive Plan and Zone Code Amendment W&H Pacific is representing ntin Matrix Development, who is interested in developing property located at the southwest corner of Hall Boulevard and Sattler Street (also known as tax lots 100, 200 and 300 ' NE 1/4 SE 1/4 Section II, T2S R1W W.M.). Matrix Development is considering an amendment to the comprehensive plan and zoning map to create one single zoning of Single-Family Residential (R- 7) for these tax lots in order to develop the area with single family residences. The current zoning ' for the property is split with a portion zoned Multi-Family Residential, (R-12) and a portion zoned Single Family Residential (R-4.5). The developer will also seek a Planned Development (PD) overlay for the subject property. Prior to applying to the City of Tigard for the necessary approvals, we would like to discuss the proposal in more detail with the surrounding property owners and residents and hear what you have ' to say. Therefore, you are invited to attend a meeting on: Tuesday, March 19, 1996 Tigard Senior High School (Commons Area, enter at front of building) 9000 SW Durham Road Time: 7:30 to 8:30 p.m. Please note that this will be an informational meeting only, to review schematic plans and discuss the ' implications of these proposed changes. The owner does not have specific site plans developed at this time. We look forward to discussing the proposal with you. Please call me at 626-0455 if you have any questions. Sincerely, W&H PACIFIC, INC. ' Chris Eaton IF-1-12 .i,;•.,.... ..... „ r„nmonta1 Services • IName of applicant Matrix Development Subject Property: Tax Map and tat # NE 1/4 SE 1/4 Section = T2S R1W Lots: 100, 200, 300 Adds or General Location Corner of S.W. Hall Boulevard and S.W. Sattler Street AFFIDAVIT OF POSTING NOTICE 1. Chris Eaton , do affirm that I am (represent) the party Initiating interest In a proposed Comp Plan Amendment/Zone Change ceding the und toed at S.W. Hall Blvd. & Sattler Street & Planned Development Overlay and did on the day of March 19 9 6 personally post notice indicating that I the Site may be proposed for a Comp Plan Amendment/Zone Change application, and the fie, data and place of a neighborhood meeting to discuss the Rte- & Planned Development Overlay The sign was posted at See attached Map. (state location on property) This 4th day of March 19 96 Clit/(4‘5 / / ' Signature Subscribed and sworn to, affirmed, before me this L� t l L day of /)17,1/ C:/1 , 19 / (�, kA,,,&,1) LAW: Notary Pubic for a State-of{O, regon "t ,;:�: • Rt tA�t-'• My es: 1/l Expirm c.'/1 2 U, 04215 1 x-F MAR.26,19£� • WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFr1DAVIT TO: ' City of Tigard Planning Division 13125 SW Hall Blvd Tigard, OR 97223 roctivo\postnnt It 1 ' F-2-1 . › i , , . . 4 1. 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IC, f .,..,:f ,i5.•:-..,1;7 i .__'_.-7-).,. ,.:..-,.. _7...., .., .. ,, , • -71„........ ,_„.... . .... ry / • , A, ' ; . :. .. ....., . : . ... . . . . . _ ... ,.; _...... ........ ..., • 1 .V/ • . ... i'-.'.. - [ .. ,•:......, 1 , ..• .•_. ,.. . i .__ -..-.....,, n -, ft . A ; ... . ._. . _ - II. _;)f.; Iv\ N. ; --- .i•- •-• :- .•.: • \ I i „:::...• ..;„ , / ..._,...,..„,:::,....„ ,,..,...,,..., i i ._,„ ....) \ ‘i, , , :, . ... • 1 • ;-- , 1 i ___7 ---T. , ..:.: :7,4/ aim an- awl /// -:.4.:-.....:'• ., ,Aiiir - Iwo r ' • • I MEETING NOTICE 1 THE POTENTIAL DEVELOPER OF PROPERTY LOCATED AT THE CORNER OF HALL BOULEVARD AND SATTLER STREET IS PROPOSING AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN AND ZONING MAP TO CHANGE R-12 (MULTI FAMILY RESIDENTIAL) AND R-4.5 (SINGLE FAMILY RESIDENTIAL) ZONING TO R-7 (SINGLE FAMILY RESIDENTIAL) IN ORDER TO DEVELOP THE 1 AREA WITH SINGLE FAMILY RESIDENCES. THE DEVELOPER WILL ALSO SEEK A PLANNED DEVELOPMENT (PD) OVERLAY. Prior to applying to the City of Tigard for the necessary approvals, we would like to discuss the proposal in more detail with the surrounding property owners and residents 1 and hear what you have to say. You are invited to attend a meeting on: 1 Tuesday, March 19, 1996 Tigard Senior High School Commons Area, enter at front of building 9000 SW Durham Road Time: 7:30 to 8:30 p.m. 1 Project developer contact: Chris Eaton, W&H Pacific P , Phone Number: 626-0455 ' Please note that this will be an informational meeting only, to review schematic plans and discuss the implications of these proposed changes. The owner does not have specific ' site plans developed at this time. • I F-2-3 1 /V 6/2_ was •2-1 X 3 IIMII I MN ME• MN MN M E NM NM —. N IIIIIII — I M MI N d V 7s 5. d. 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F/--- /5-77a Scr g -� 40 G g Y- gc)�y. --s(-- = ,D0N)il -- /4i m-ni, /5--7OS g-(4) 57--r4-7PO4..P letv 6,2-0-S3 7 2��2 `'� /� , �� 0 A.,(60-/-y-aivi 15755 (-77-77M2‘;11)/ i 4.4=z)< /--) i ,- _ .� ( li { r( (tql ow'- t-{"Z 't'I/ n , ova O{J _ , itc...L„:, etc--d--tffet-A,t-J 6777' ,5-e.,,) _f.6-/(?_, ,‘z_K,) - z--J- 3-- /14-'12(t 7 , ./‘A/f. 177 LO se) '-e-t.'A- /PI-1 - 3Z,d6 "Iar."1 it " I - _ • s C-Ctl' y ¢- TE ck , IO'\0�y5 J 7 ;- l 5( , t-1 O \\l-P i I > 6 ' C < 1 ( 5,1 l-f /1 p/ /({, OF:LT o`(c S. ,,, E i.1-, -i 4 4-20 - L03 \-1 -- 15 560 S U`D dbb�0c-7-•W C;u., �03`1� ' �F.9 �� ,C�p tS,.�,t��«. �L��l� (IS 4 r2- H-enry 1S ? 2-S S('`-' re ? ty . 77zzcC S cl8 - 7E5-7 3(2( 161(9 • •JANET LANFORD AVID TURZILLO BOB JAUNDALDERIS 75 SW SCHECKLA DRIVE 9035 SW REILING STREET 15680 SW 88TH 'GARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 IAT WOLFE RON PHEISTER JOHN&MARGARET ARRIGONI 8910 SW REILING STREET 15890 SW GREENS WAY 8935 SW HAMLET 1IGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 RANT &LANA WILLIAMS VIRGINIA DRUMM MR. HUBBELL 125 SW 89TH PLACE 15220 SW ALBERBROOK DRIVE 15200 SW ALDERBROOK DRIVE IGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 OB PARSONS BOB GILLETTE BILL&NORMA McCABE 040 SW CENTURY OAK 15315 SW ALDERBROOK DRIVE 15380 SW ALDERBROOK CIR. TIGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 I RAY&DOROTHY GRIMM DON CROY CLAYTON WILSON 115400 SW ALDERBROOK CIR. 15420 SW ALDERBROOK CIR. 15440 SW ALDERBROOK CIR. IGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 LS &MAXINE PRICE BERT & JOYCE ASTRUY LOIS AUNGIER 15440 SW ALDERBROOK CIR. 9105 SW SUMMERFIELD COURT 15260 SW SUMMERFIELD DR. IIGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 ONNE ARTHUR GEORGE CHANDLER FRANK& TINA SCHM DY 5455 SW ALDERBROOK DRIVE 9780 SW INEZ 15760 SW 88TH AVENUE IGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 gONNA LYNAM LYNETTE NIELSEN GARY& SUSAN LASS 5705 SW STRATFORD LOOP 15705 SW STRATFORD LOOP 15700 SW 88TH AVENUE TIGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 I DEBBY/GRAYDEN RUBOTTOM TIM& SUSAN BYRKE THERESA COSTELLANOS 5735 SW 88TH AVENUE 888 SW HAMLET STREET 8700 SW REILING IGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 ItERB TRUAX GARY& TEDDI MAYS KEN NADERT �720 SW REILING 8721 SW HAMLET STREET 8695 SW REILING STREET 'IGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 I F-3-2 &JONI FUSICK • BRIDGET HENRY GLENN WEGNER MARK 15560 SW ALDERBROOK CIR. 14783 SW 91ST COURT 15725 SW 88TH ITIGARD, OR 97224 TIGARD, OR 97224 TIGARD, OR 97224 1 F-3-3 I Neighborhood Meeting 3/19'�.6 g g Matrix Development Re-Zone 1 IQuestions ► What is the current zoning and what can be built there? I ► (A: R-12 along Hall allows MF, R4.5 = single family) What will price of proposed homes be? (A: $160,000) I ► Street connections to Sattler? (A: City is saying that 88th must connect.) ► Parcel that fronts hall=R12? I How many acres is the site? (A: 27.5 acres) How many homes? (A: 153) What about the/PD overlay? (A: We are applying for one.) I Can they show us example? (A: Tualatin zoning for Fox Run= 6 units/ac.) ► Will there be green spaces? Ponds? IWill the housing be 2-story? (A: probably) ► Who is developing houses? I (A: Matrix Development/Legend Homes) ► What about crime in heo traditional pattern-alleys? ► What about density transition to adjacent low density areas. IWhat will square footage of new homes be? (A: 1500 s.f. - 2000 s.f.) I Concern about view and solar access. (A: Tigard has solar access protection B development code.) ► Fencing on property line? ' (A: Good neighbor fence 6' and brick wall at Hall/Sattler.) Concern about location of road access onto Sattler • Traffic light/improvements on Sattler I Construction time frame? (A: Late 1996.) ► Old house? Trees? I (A: Probably torn down.) ■ Drainage. (A: Stormwater will be cleaned in detention ponds.) IWhy not do 4.5 on whole piece? (A: Not economically feasible.) • Schools? What is impact? I ► City's long range plans for Sattler Street? (A: Tigard TSP to be done in 1996-97.) (A: City will determine ROW width for Sattler.) I ► Are the ponds wetlands? (A: Not sure at this time. If they are, proper permits will be sought.) I 'F-4-1 CrossLand 1 # Mortgage Car "' SUE HIGDON Regional Operations Manager 9115 S.W.Oleson Road,Suite 106 Portland,Oregon 97223 Office 503 452-0025 IFAX 503 452-0039 March 6, 1996 A financial services company of First Security Corporation Chris Eaton I W&H Pacific 8405 SW Nimbus Ave Beaverton, OR 97008-7120 IRE: Development of Sattler Property Dear Chris, received your letter yesterday addressed to the property owners II and interested parties in the area of the above proposed development. I am not sure if I will be able to attend the meeting March 19th, but I wanted you to have my thoughts on this Idevelopment. I own a home which borders the Sattler Farm and is adjacent to the II future extension of SW 88th Avenue. I have been here for about four years, and will greatly miss the farm. You cannot believe how wonderful it is to be so close to the city, yet feel so far away from it. However, I knew when I purchased this property that the Ifarm was zoned residential and that some day it would be developed. I support the change in zoning that you are proposing, and hope to I see you obtain approval from the city as well as the support of the other neighbors. This must have been a hard decision for the Sattler's and one that obviously did not come quickly. If I can do I anything to encourage support for this change in zoning, please feel free to contact me. Having been in the mortgage lending business over 10 years, I know the resistance you may be encountering. I also know that single family residences will I complement my neighborhood and my property's value more than multi- family residences. Hopefully the other neighbors will understand that this is not about whether or not this property is developed Iwith residences, but what type of residences. Respectfully, 1.0/ , “gt■-- _, igdon I - 615 SW 88th Ave Tigard, OR 97224 1 F-5-1 • fa, • • CITY OF 6IGARD April 25, 1996 OREGON Chris Eaton W & H Pacific 8405 SW Nimbus Avenue Beaverton, OR 97008 SUBJECT: CPA 96-0004/ZON 96-0003 (Sattler) Application Dear Chris: This letter is in response to the application submitted for Matrix Development Corporation's proposal to amend the Comprehensive Plan and zoning maps on three parcels at the intersection of SW Hall Boulevard and Sattler Street. Staff has found the application to be complete according to Tigard Development Code 18.32.050. The Planning Division has decided to not require a full traffic analysis as part of the Comprehensive Plan map amendment and zone change for two reasons. First, the City Engineering Department has been working to acquire right-of-way for the realignment of Ross Street and intends to require its construction upon development of the property immediately south of the roadway. This obviates the need to assess the impact of area buildout to the offset intersections of Hall/Ross and Hall/Sattler. ODOT has dropped their recommendation for an analysis for this reason as well. Second, the proposed zoning will not create a significant increase in vehicle trips from buildout of the existing zoning. If you have any questions, please call me at 639-4171. Sincerely, Ray Valone Associate Planner • 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 0(4"MillAam ink CITY OF TIGARD April 18, 1996 OREGON Chris Eaton W & H Pacific 8405 SW Nimbus Avenue Beaverton, OR 97008 SUBJECT: CPA 96-0004/ZON 96-0003 (Sattler) Application Dear Chris: This letter is in response to the application submitted for Matrix Development Corporation's proposal to amend the Comprehensive Plan and zoning maps on three parcels at the intersection of SW Hall Boulevard and Sattler Street. Staff has found the application to be incomplete according to Tigard Development Code 18.32.050. After reviewing the traffic information and discussing ODOT's concerns, staff concludes that a more detailed traffic analysis is needed for staff to accept the application as complete. The City's development review engineer agrees that the applicant evaluate buildout in the immediate area for its impact to the roadway system and intersections on Hall Boulevard. I have included a copy of a letter from ODOT to serve as a guide for the traffic study. If you have any questions, please call me at 639-4171. Sincerely, Ray Valone Associate Planner Enclosure 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 04/17/9d 03:59 ;T5037313259 ODb't = REGION 1 2 I�oo /oo�i • • Oregon April 17, 1996 City of Tigard Planning Department DEPARTMENT OF 13126 SW Hall Boulevard TRANSPORTATION Tigard, OR 97223 • Region 1. Attention: Ray Valone PLA-9-2A-1-1G Subject Comprehensive Plan Amendment, Sattler at Hall Boulevard FILE CODE: ODOT has reviewed the proposal for the plan amendment and we have comments regarding the applicant's traffic study. Our comments are: • For the comparison between the existing and proposed zoning, the traffic study trip generation rate assumed higher density development with "smaller households." This adjustment,can be used only when the household size is known to be between two and three people_ According to the ITE trip generation manual "...if residential characteristics are not available, then the average rate...would be utilized.* • ODOT does not typically allow this adjustment for general residential developments, and there is no indication or assurance the proposed development would average less than three people per unit; therefore, it is inappropriate to arbitrarily incorporate this tripiadjustment • Without these adjustments, the•proposed land use change is expected to result in a significant increase in trip generation for this parcel. • Traffic from the proposed development will access Hall Boulevard via Sattler Street, without direct access to Hall Boulevard. • • Settler Street intersects Hall Blvd. approximately 100 feet south of the Ross St intersection, creating a closely-spaced offset intersection, which is undesirable from a tragic operations and safety perspective. To improve the situation, the side-streets should either be located directly across from eachother, or they should be offset further(300 feet or more). • It is recommended that the City require the applicant to evaluate both options with respect to access spacing, signal spacing (if applicable), and traffic operations, assuming full buildout of the subject property, the adjacent property to the south, and the vacant property east of Hall Boulevard, surrounding Ross Street. Thank you for the opportunity to provide comments. If you have questions please call me at 73163232. If there are questions regarding traffic operations, please call Marty Jensvold at 731-8219. 7/4t414 it":4R•WW. Laurie Nicholson, Senior Planner CDOT.Development Review 113 NW Flanders Portland, OR 97209-40 (503) 731-3200 __ 734-1Es7(11/94) FAX (50:3) 731-8259 I PACIFI 8405 S.W.Nimbus Avenue Beaverton,OR 97008-7120 March 4, 1996 Dear Property Owner and Interested Party: RE: Proposed Comprehensive Plan and Zone Code Amendment W&H Pacific is representing Matrix Development, who is interested in developing property located at the southwest corner of Hall Boulevard and_Sattler Street(also known as tax lots 100, 200 and 300 NE 1/4 SE 1/4 Section II, T2S R1W W.M.). Matrix Development is considering an amendment to the comprehensive plan and zoning map to create one single zoning of Single-Family Residential (R- 7) for these tax lots in order to develop the area with single family residences. The current zoning for the property is split with a portion zoned Multi-Family Residential, (R-12) and a portion zoned Single Family Residential (R-4.5). The developer will also seek a Planned Development (PD) overlay for the subject property. Prior to applying to the City of Tigard for the necessary approvals, we would like to discuss the proposal in more detail with the surrounding property owners and residents and hear what you have to say. Therefore, you are invited to attend a meeting on: Tuesday, March 19, 1996 Tigard Senior High School (Commons Area, enter at front of building) 9000 SW Durham Road Time: 7:30 to 8:30 p.m. Please note that this will be an informational meeting only, to review schematic plans and discuss the implications of these proposed changes. The owner does not have specific site plans developed at this time. We look forward to discussing the proposal with you. Please call me at 626-0455 if you have any questions. Sincerely, W&H PACIFIC, INC. • Chris Eaton (503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services 000,94 PACIF 8405 S.W.Nimbus Avenue Beaverton,OR 97008-7120 February 12, 1996 Ray Valone City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Dear Mr. Valone: We would like to request a pre-application conference with you and your staff to discuss possible changes in the comprehensive plan designation and zoning for a property located on the corner of SW Hall Boulevard and Sattler Road. This letter contains the basic information about the property, and a site plan, required by Tigard to set up a preapplication meeting. Current owners: Tax lot 200: Heirs or Devisees of Agnes Sattler Miller(deceased) Tax lot 100: Lillian E. Sattler(trustee of Edward J. Sattler Senior Revocable Living Trust 10/24/91) Tax lot 300 Lillian E. Settler trustee of the Lillian E. Sattler Revocable Living Trust 10/25/91) We will provide appropriate signatures for permission to act on behalf of the current owners in the actual land use applications. Applicant: Matrix Development 6900 SW Haines Street Tigard, Oregon 97223 Contact: Mr. Larry York (503) 620-8080 Applicant's Representative: W&H Pacific 8405 SW Nimbus Avenue Beaverton, Oregon 97008 Contact: Laura Jackson (503) 626-0455 Property description: • Corner of Sattler Road and Hall Boulevard • NE 1/4 SE 1/4 Section II T2S R1 W W.M. Tax lots 100, 200 and 300 Approximately 27.52 acres (503)626-0455 Fax(503)526-0775 Planning•Engineering•Surveying•Landscape Architecture•Environmental Services • • PACIFIC Ray Valone City of Tigard Page 2 Existing Zoning/Comprehensive Plan Designations: Eastern portion: R-12, designated Medium Density Residential Western portion: R-4.5, designated Low Density Residential Surrounding Zoning and Designation: East: R-7, designated Medium Density Residential West: R-7, designated Medium Density Residential South: R-7 and R-4.5, designated Medium and Low Density Residential North: R 4.5/PD, designated Low Density Residential Eroposed Zoning and Designation: R-7 with a PD overlay, designated Medium Density Residential Proposed Use: Neo-traditional single family development with a Planned Development overlay to allow for smaller lot sizes and neo-traditional development pattern. Overall density with R-7 zoning for entire area would be similar to existing combination of R-12 and R-4.5. Existing and proposed services: We need to obtain the location of water, sewer, storm drain services from the City of Tigard. Site Plan: The enclosed site plan shows the boundaries of the site, topographic information by two foot contours, and existing buildings. Because this is not a pre-application meeting regarding specific development the plan does not show the location of driveways on each side of the property and across the street, nor proposed lot dimensions. Questions: 1. Is it reasonable to apply for a Comprehensive Plan change, Rezone and PD overlay concurrently? If not, what combination would you recommend? 2. What sort of timing would you expect these processes to take? 3. Can we get a copy of the case files for the adjacent Summerfield Community plan(s) or another successful Planned Development (PD)file in Tigard? Thank you for your attention to this request. We look forward to meeting with you on this application. If you have any questions, you may reach me at 626-0455. Sincerely, W&H PACIFIC, INC. ZaW CZ le/7 Laura Jackson Enclosures • • on May 16, 1996 DS, Rita Mroczek DIVISION 'OF A.G. Crook Company 1800 NW 169th Place, Suite B-100 STATE LANDS Beaverton, OR 97006 STATE LAND BOARD JOHN A.KITZHABER Re: Jurisdiction over ponds, Matrix Development Site Governor Tigard (Det . #96-0035) ; Site F-11 & F-12 on LWI PHIL KEISLING Secretary of State JIM HILL Dear Rita : State Treasurer This letter is to confirm my verbal jurisdictional 775 Summer Street NE determination regarding the stock ponds noted above. (503 97310-1337 (503))378 8--3805 Based upon the additional information you obtained, the FAX (503) 378-4844 ponds were constructed legally in the 1960s from an area TTY (503) 378-4615 converted to agriculture many years earlier . There is no wetland area surrounding the ponds . As such, the Division does not require a permit for draining or filling the ponds . A separate jurisdictional determination will need to be obtained from the Corps of Engineers . Thank you for providing the additional information. Please phone if you have any questions . Sincerely, Janet C. Morlan, PWS _ Wetlands Program Leader JCM/bms jan : 1227 c: Duane Roberts, City of Tigard Jim Goudzwaard, Corps of Engineers Bill Parks, DSL )i • • CITY OF TIGARD LOCAL WETLANDS INVENTORY WETLANDS ASSESSMENT Prepared for: City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Prepared by: Fishman Environmental Services Consultants in Ecology and Natural Resource Assessment Project Manager: Christie Galen 434 Northwest Sixth Avenue, Suite 304 Portland, Oregon 97204-3600 FES 94043 December 1994 F • • Tigard Local Wetlands Inventory - O„f`site Option WETLAND SUMMARY SHEET UNIT: 11 WETLAND: F-11,12 Wetland Acreage: 0.78 (POW) Field Verified Date: 8/29/94 Location: Farm ponds SW of Sattler St/Hall Blvd. Beaverton Quadrangle T2S R1W Sec.: 11 Tax Map: 25111 AC, AD Zoning: R-4.5, R-4.5 (PD) Some Greenway Aerial: SE NWI Classification: POW WWHA Score: 14 Hydrologic Basin: Tualatin Sub-basin: Pinebrook Creek Mapped Soils: 22 Huberly SL Hydrologic Source/Comments: Depression (excavated?) Dominant Vegetation: Trees Shrubs Herbs/Emergents no adjacent vegetation; totally grazed by cattle. . not recognizable • Boundary Information: Pond edge; high waterline. Buffer Information: 25 ft. minimum Comments: Two ponds; limited vegetation; cattle trodden; mallards and domestic geese. Fishman Environmental Services TIGARD LOCAL WETLANDS INVENTORY - FUNCTIONAL VALUES. Fishman Environmental Services 1994 UNIT Wetland PFO PSS PEM POW R WILD FISH LINK UNIQ WQ HYDR REC ED AEST 8 G-1 (P. FILLED) 0.75 0.75 L L L L H H L L L 8 G-2 0.75 0.25 L L L L H H L L L 8 G-3-9 3.0 9.5 1.0 H H H M H H L L H 8 G-10,11,12 16.5 1.5 H H H M H H L L H 8 G-13,14 2.5 H H H L H H L M H 8 ' G-15 R M L L L L L LL H 9 F-15 •2.5 1.0 0.25 H L H L M M M H H • 9 F-17 2.5 L L H L M M M H L 9 F-18,19 1.5 4.0 M L H L M M M H H 9 F-20,21 7.0 H H H L M H H H H 9 F-22 0.5 H NA H M NA H L L H 9 F-23 0.75 1.75 M NA H L M M H L M 9 F-26 10.0 1.0 M NA H L L L L LM 10 F-1,2,13,14 1.76 L L L L L L L L L 10 F-3 R M L M L L H L LM 10 F-4,5 0.5 0.5 ML HL L H L LM 10 F-6-8 1.25 1.0 0.5 H M H L M H L L H 10 F-24 0.5 ML L L M H L LM • 10 F-25 R M L M L L HL LM 1 1 F-9,10 1.27 ML L L L M M L H ' 11 F-11,12 0.78 ML L L L L L L L 1 1 F-27 R M L M L L H M L M 4 Note: Acreage approximate; see text for abbreviations (PFO is forested wetland, WILD is wildlife habitat, etc.) -, • • . • PMALGBC FORM /t 12 1 ANNEXATION CITY INITIATED IN 'ANY SPECIAL DISTRICT DURHAM ISLAND RESOLUTION NO. g/.,7.3 A resolution initiating annexation to the City of Tigard, Oregon of the territory bounded by a line. See attached Exhibit ".A" • i - WHEREAS, annexation to the City of the territory so bounded would constitue a "minor boundary change" under the boundary commission law, ORS 222 .750 and, WHEREAS, by authority of ORS 222.750 the Common Council of the City may initiate the annexation, , NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF TIGARD, a municipal coporation of the State of Oregon, at a regular session held on the /0,11 day of gu4()5t , 1981, that : Section 1. The Council, pursuant to ORS 222.750 hereby initiates proceedings for annexation of the territory to the City. Section 2. The Council hereby approves the proposed annexation and requests the Portland Metropolitan Area Local Government Boundary Commission to approve it. Section 3. The City Recorder is hereby directed to file a certified copy of the Resolution with the Commission at once . DATED THIS / day of X4/5 1 , 19 pig . \iV � � .." Mayor - City of Tigard I ATTEST: r,,1-, r• , 42 Recorder - `City 9f- igard / 1 • Ill CITY OF TIGARD, OREGON RESOLUTION No. 81- 9 -3 A RESOLUTION OF THE TIGARD CITY COUNCIL INITIATING ANNEXATION AND REQUESTING AN ANNEXATION REQUEST BE FORWARDED TO THE BOUNDARY COMMISSION (Short Title - Durham Island) . • WHEREAS, annexation to the City of Tigard territory so bounded as . noted on Exhibit "A" would constitute a "minor boundary change" under the boundary commission law, ORS 222.750 and, WHEREAS, by authority of ORS 222.750 . . . the Common Council of the City may initiate the annexation, NOW, THEREFORE, • BE IT RESOLVED by the Common Council of the City of Tigard, a municipal corporation of the State of Oregon at a regular meeting held on August 10, 1981 that: Section 1: The Council, pursuant to ORS 222.7,50 (1) (a) hereby initiates proceedings for annexation of the territory to the City. Section 2: The Council hereby approves the proposed annexation and requests the Portland Metropolitan Area Local Government Boundary Commission to approve it. Section 3: Upon annexation the zones will be changed from Washington County "RU-4" to the Tigard Comprehensive Plan designation of "R-5" and "R-7" Urban Low Density. See attached Exhibit "B" for listing by lot number of the zoning. Section 4: The City Recorder is hereby directed to file a certified copy . of the Resolution with the Commission at once. . DATED this Jo day of , , 1981. • •7, . - Mayor / ATTEST: Recorder SESOLUTION No. 81-___e; % I N • • • • CITY OF TIGARD, OREGON •RESOLUTION No. 81-4/S A RESOLUTION OF THE TIGARD CITY COUNCIL INITIATING ANNEXATION AND REQUESTING AN ANNEXATION REQUEST BE FORWARDED TO THE BOUNDARY COMMISSION (Short Title - Durham Island) . WHEREAS, annexation to the City. of Tigard territory so bounded as noted on Exhibit "A" would constitute a "minor boundary change" under the boundary commission law, ORS 199.410 to 199.510 and, . WHEREAS, by authority of ORS 199 .490 (1) (a) the Common Council of the City may initiate the annexation, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Tigard, a municipal corporation of the State of Oregon at a regular meeting held on August 10, 1981 that: Section 1: The Council, pursuant to ORS 199.490 (1) (a) hereby initiates proceedings for annexation of the territory to the City. Section 2: The Council hereby approves the proposed annexation and requests the Portland Metropolitan Area Local Government Boundary Commission to approve it. Section 3: Upon annexation the zones will be changed from Washington County "RU-4" to the Tigard Comprehensive Plan designation of "R-5" and "R-7" Urban Low Density. See attached Exhibit "B" for listing by lot number of the zoning. Section 4 : The City Recorder is hereby directed to file a certified copy of the Resolution with the Commission at once . DATED this `p day of 714.:,Lit, s , 1981. Mayor ATTEST: /7/1 " Recor'6er RESOLUTION No. 81-2.i---_-- �a y� •XHIBIT "B" 111 Proposed Zoning and Comprehensive Plan Designation Upon Annexation • TAX MAP 2S1 11D TAX MAP 2S1 12B LOT # 1000 R-5 Urban Low Density LOT # 3400 • R-7 Urban Low I_ 1002 It II 3500 " 1100 " 3600 " 1001 R-7 Urban Low Density 3601 " " 3603 " TAX MAP 2S1 12BC 3604 " LOT 4 100 R-7 Urban Low Density '3700 " 200 " 3800 " 300 3900 400 " 4100 " 500 4200 600 4300 II II 700 " 4400 " 800 " 4500 " 900 " 4601 " 1000 4602 " 1100 II II 4603 " 1200 II It 5000 " 1300 5101 " 1400 " TAX MAP 2S1 12C 2S1 12C CONTINUED LOT # 3400 R-5 Urban Low Density LOT # 1401 R-7 Urban Low Der 3402 1402 II " 3500 1500 3600 II II 1600 II if 3700 1700 " 3800 tl II 1701 II " 3900 It II 1800 " 4001 It ". 1801 " 4002 1900 " 4003 1901 II If 4004 11 II 2000 11 It 4100 It II 2100 " 4200 It It 2200 " 4300 II It 2203 " 4400 II II 2300 " 4500 I, u 2301 II It 4600 2400 II " -7111 V 1 2500 II II A /-r n it 200 R-7 Urban Low Density 2600 " It 300 2700 " 400 II II 2800 " 500 " 2801 u " 600 2802 " 700 " 790 " 800 " 900 "II ) • 1000 It It 1400 " 11 ,., / tiC AL E. I I 4 aco . , .• • . tin r . 7L1 ... . r / .,..' 1•11 ,,' sit kit, , , Is t tilic Ar - SCE Id .... ZS 1 • o' . . ' ....e.... . .,' ...,, . ' ..' it( MAP 10 . .' •:. ...'' iS I $$ /' v .3 / / ?. • . , • ; . .1. .' . , . . . 0 a ,. . . . . . . 1 . '... •. • A • . . i •,. .____ . • limit-tin truirtu niiti rlintntrirnii...palliiiiiiiifififfiiiiill . I"... .. ---- 0. . 0114•4144 • IN • i:.. IOCW•n ........A . ...._ 1.-:-."--- loo . ,n . / ,/. •! .t.o.ol.. I •,... i, CD r• / . ./ - co ,--,a) , ,... . a .. .. ; PI •"4 0 0 . ,..- 3[1.. 'I IIC i e r". •• 1 1-0 114 _ >-: ii , ; ... . . . • • 1--•0 -1 •---4'n --e,LI,E-• 0 I EIZ . cg I .< . ... 0 I- •x...-(-D . i < .. - I - . c4■--4 ;-?:,--1 i ta,.,,,,.., , - a u'7,L14 . I (.—D . . CO ../ . .. • . 1____ . , ..1 ..—. . I - / •1 ' •-.11111LILUILUlf,ifills 11.111.1ill 1.111.110.11.1.1X1/Mtkv 1113IR iks.kkl lo ..., . 1301 i / 1400 1300 r CI; I .4•••• ••4 4.4 . ill •:, . 441/ .....44. I 23. ..4 1 . ... ,.-. • g `70 , 3-80 5 6. . . , . U) ..• r : !III .. 0 • _.._ _ ... , •• . e I i ..s•.• . 1 .• I- L, ,..• I I . ... I Il - • .,1 t .1 1 ,. .F •- - % .....'' , • . . ; 3. . • .1••• 1 . 4 I . . .. A, . .4404I Of 44 • 1 . II III • % 4.44 4•4•61 44• I 1 i I ,,!. . I ■. I •• 1 t • I 1 •; • • 7 — ,S,''sk:...6*. ; -4......,1:.:.;.!. ilsal'id...Li, .'■ '-.... .':..0".f::-.:.,•.'i.'i ...■ -FAX TRANSMITTAL-• PLACE UNDER CITY OF TIGARD LOG. LEGAL NOTICE SECTION OF TIGARD TI DATE:July 5. 1996 TO: Mary White, Legals (fax)620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.)639-4171 The following will be considered by the Tigard City Council on July 23, 1996 at 7:30 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639- 4171. PUBLIC HEARINGS COMPREHENSIVE PLAN AMENDMENT(CPA)96-0004/ZONE CHANGE(ZON)96-0003/PLANNED DEVELOPMENT(PD)96- 0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R- 4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. • i e� uiVAIIi u L 1 limn. ' :111.1.912"it -—.;,„,; .7 2// i:::::::::.:::IiiiiiiiiiiiiiiiI:i L 4/A • lin' ffoil, re imp 1 VIM as A mum 1I}--e . ♦ 4 , I I I i lili r L: L/y--u� 1 1 1 1 I� i •i y"1*� *P � ' �. ` k lI ' ji ' liilj ii ham , 04 * . :.: *A ta 1 I ' (0� �� ; I _ III _ t I I • • ' II -;\v1 ; h 1 11 . I i I I 1 I I I I I� i t L CUP.:.AM RD Vicinity Map /A Low ow.m sbr.d..o..wR.r� Note:Map is not to scale (/�\ :� TT PUBLISH July 11. 1996 N • 1 1 • • 1CrTY OF TIGARD AFFIDAVIT OF MAILING 1 OREGON STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Senior Administrative Specialist for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer X Tigard City Council A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named g}erson(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the 1 day of , 1996; said PUBLIC HEARING NOTICEas hereto attached, was po d or an appropriate bulletin board on the n/a day . of n/a and deposited in the United States Mail on the /54" day of ,t.,l� , 1996, postage prepaid. A-c..e. c.Y. el‘tr,,,, - Pre ed Notice Subscribed and sworn/affirmed before me on the of :-.-_.F.' , 19G,v 1‘41 / i l , . _4/. f-�r OFFICIAL SEAL NOTARY PUBLIC ;10fra REG a s > ? DIANE M JELDERKS �`a NOTARY PUBLIC-OREGON My Commission E es:®:':,'1 COMMISSION NO.046142 MY COMMISSION EXPIRES SEPTEMBER 07,1999 • UBLIC HEARING EXHIB • NOTICE • rr Ao$1 jI� -�W NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, July 23, 1996, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multiple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER July 1. 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING. HEARING MAY REQUEST TH/OHE RECORD REMAIN OPEN FOR oLEAST SEVEN DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE DECISIONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER, Ray Valone, AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. Ir,? ! I ! 3I /r1 �I /� /■ I " ' W CDo�ww �!M 1 � w f I ' I/ I i 1—jai n a /////%i ❖.•....v..vv...-. L v ............... 1•11t3 Lam' /' . ♦•••••••••♦ 1 - -:-- Ok n ill i NMI �- . 4114411110 I 51, 1-1-r 4 II. ' lbft.sO* 'I 1 ! I of ! '�, / 5T �: � � , ``/� II171 i � I � �� ! ' - .�� . ! i� ? I ► ll l WI 1111 , fDUR , !ill! . 1 ! i 111 !1 11111 I ; l L RD i Ij 1j O Lim 1 I ! I ! I I1 t3I . . . >- ! ! ! 11 ' ' ll . l ! il iml F- rRoomed Carepshenve Ms Mao Answarlara. Zone Chanpund Vicinity Map o m ,o.° ,.rR>�nom Note:Map is not to scale P......z...amMO.,,wnwn..wwn..a. • • EXHIBIT 2S111AC-06200 ARNETT,MICHAEL G&JOAN L 8076 SW 184TH ALOHA,OR 97007 2511100.03500 2S111DB-08700 ARRIGONI,JOHN A AND - ASCHENBRENNER,DOROTHY A MARGARET R 15430 SW OAKT'REE LN 8935 SW HALMET ST TIGARD,OR 97224 TIGARD,OR 97224 2S11108-04200 2S1110D-13700 ASTRUP,BERT R&JOYCE F ATKINSON,BETTE C 9105 SW SUMAAERFIELD COURT 8722 SW HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-00400 2S111DB-02700 AUNGIER ROBERT B&LOIS M TRS BARBER,VIRGINIA J 15260 SW ALDERBROOK DR 15415 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-08800 2S112CB-13100 BARTON,ROBERT A BEAHM,TODD L&SUSAN M AViONELLE J • 14932 SW IONTON DR 15450 SW OAKTREE Iii TIGARD,OR 97224 -' T1GARD,OR 97224 2S111AD-11000 2S111DB-00300 BERRY,MICHAEL J BORGFORD,MARTIN H&VIRGINIA 15115 SW 88TH AVE 15240 SW ALDERBROOK DR TIGARD,OR 97223 TIGARD,OR 97224 25112C8-04000 2S111 D8-02300 BRADLEY,WILLIAM L&ANN P BRANDT,PAMELA PORTER& 8447 SW ASHFORD ST _ PORTER JOHN R& TIGARD,OR 97224 PORTER,JAMES C 15495 SW ALDERBROOK CIR TRAM, CR 97224 2S112C8-13300 2S1110D-02700 BRIED,STEPHEN J BROWN,HARRY E AND SALLY M 14896 SW KENTON DR 8850 SW HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S11100-02800 2S111DB-00800 BROWN,WAYNE A&JUDITH A BURGESS,WILFRED 26400 SW BAKER RD MARGARET S SHERWOOD,OR 97140 15340 SW ALDERBROOK CIR TIGARD,OR 97224 2S111 DD-03300 2S111 OD-15100 BURKE,TIMOTHY R&SUSAN C BURNS,JOHN R JR AND 8885 SW HAMLET ST - PAMELA D TIGARD,OR - 97224 8785 SW HAMLET ST TIGARD,OR 97224 • • • 2S111DC-10400 2S111AD-13500 BUTLER,ROBERT D AND CAMERON,DUNCAN D&DEBORAH K BUTLER,JOEANNE H 15119 SW 91 ST AVE 15640 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 2S111 DO-13600 2S111AD-09900 CASPERSON,RUDOLPH 0 CASTELLANOS,THERESA 220 SW 1ST AVE 8700 SW REILING ST PORTLAND,OR 97204 TIGARD,OR 97224 2S111DB-02900 2S111AD-12100 CHAFFEY,RAMSEY/JOAN I CHASE,SCOTT A/LESLIE C 15375 SW ALDERBROOK CIRCLE 15100 SW 89TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-13000 2S111 DB-03500 CHILDERS,DANIEL D/STACY A CHORD,BETTY S,TRUSTEE 14954 SW KENTON DR 9100 SUMMERFIELD CT TIGARD,OR 97224 TIGARD,OR 97224 2S111 DC-10700 2S111 DB-01800 CORNWELL,VARNEY T&VIVIAN A COUTANT,ALLAN S AND 15720 SW OAK MEADOW LN ELEANOR G TIGARD,OR 97224 15540 SW ALDERBROOK CIR--- TIGARD,OR 97224 • 2S111 DB-02100 2S111 DB-01200 CROW,WALTER L AND MARY E CROY,DONALD JMRGINIA M 15535 SW ALDERBROOK CIRCLE 15420 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-15000 2S111AC-06100 DAILER,DAVID M DIAZ,GUADALUPE AND 15653 SW 87TH AVE BARBARA H TIGARD,OR 97224 P 0 BOX 428 HAWAII PREP 2S111DB-00200 2S111DD-14900 DRUMM,VIRGINIA K C0-TRS& DURAND,RICHARD J&MARILYN J WEBBER,CARLA CO-TRS 15675 SW 87TH AVE 15220 SW ALDERBROOK DR TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-04100 25111 DD-03600 EKLUND,PAUL J FEATHER,FRED H AND 8425 SW ASHFORD ST VIRGINIA M TIGARD,OR 97224 8955 SW HAMLET ST TIGARD,OR 97224 2S111DD-15200 2S111DB-02800 FORD,DENNIS M AND SYLVIA A FRYKBERG,WILLIAM&JEANNE 8769 SW HAMLET ST 15395 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 • • 2S111AD-13000 2S111AD-17100 FURUKAWA,THOMAS T AND . GALLOWAY,SCOTT&WENDY W ESTELLE Y 9058 SW WESTLUND CT 15025 SW 89TH PLACE TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-16400 2S111DB-03400 GARCIA,OCTAVIO&CATHRYN M GILLETTE,ROBERT W AND 9057 SW WESTLUND CT MAIDA J TIGARD,OR 97224 15315 SW ALDERBROOK DR TIGARD,OR 97224 2S111DB-08500 2S111AD-10900 GLANZMAN,DONALD D GOFF,FLOYD T JR&BEVERLEE A GERTRUDE TRUSTEES 15390 SW OAKTREE LN PO BOX 230669 TIGARD,OR 97224 TIGARD,OR 97281 2S111 DB-01100 2S111DB-09200 GRIMM,WALTER R HAHN,HELEN G TR 15400 SW ALDERBROOK CIRCLE 15530 OAKTREE LN TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-00900 2S111DB-02500 HAMUN,G HOMER/HAMLIN,GRACE HARTMAN,VIRGINIA W HENDERSON,EDYTH M,TRUSTEES 15455 SW ALDERBROOK CIRCLE 15360 SW ALDERBROOK CIRCLE TIGARD,OR 97224 - TIGARD,OR 97224 • 2S111 DD-03900 2S111 DD-03800 HERSTEDT,PETER R&CATHY HIGDON,SUE 15645 SW 88TH AVE 15615 SW 88TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-15300 25111 DD-03200 HILDAHL,DAVID A AND HIMMELWRIGHT,ROBERT W LORNA A 8855 SW HAMLET ST 8743 SW HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-00600 2S111AD-13600 HOFFMAN,HELENA W HOUGHTON,RAYMOND C II AND 15300 SW ALDERBROOK DR CAROLYN B TIGARD,OR 97224 22401 MCKENZIE CT WEST LINN,OR 97068 2S111 DD-03000 25111 AD-11100 HOUK,TONY&C SUZANNE HOUSING AUTHORITY OF 8805 SW HAMLET ST WASHINGTON COUNTY TIGARD,OR 97224 111 NE LINCOLN ST#200-1 HILLSBORO,OR 97124 2S111AD-12600 2S111DB-00100 HOUSING AUTHORITY OF HUBBELL,AUBREY H&MARY E WASHINGTON COUNTY 15200 SW ALDERBROOK DR 111 NE LINCOLN ST#200-L TIGARD,OR 97224 HILLSBORO,OR 97124 • • 2S111AD-13700 2S111AD-11900 HUBBELL.KIMBERLY A HUGHES,WENDY M&RONALD T 15073 SW 91ST AVE 9205 NW SKYUNE BLVD TIGARD,OR 97224 PORTLAND,OR 97231 2S111DB-02200 2S111DC-10600 HUGHES.WIWAM LEO HUSTON.FRED R AND DORIS M SHARON MARY 15680 SW ALDERBROOK CIRCLE 15515 SW ALDERBROOK CIRCLE TIGARD.OR 97224 TIGARD.OR 97224 2S11100-02900 2S112C8-13900 JAHRAUS,LOREN F/PENNY M JONES,DOUGLAS III/JACQUEUNE 8800 SW HAMLET ST 14807 SW ICENNTON DR TIGARD.OR 97224 TIGARD.OR 97223 2S1110C-03100 2S112C8-13700 KJOS.JAMES R MASSY,KENNETH C./KAREN ROSE 15605 SW ALDERBROOK CIR 14818 SW KENTON DR TIGARD.OR 97224 TIGARD.OR 97224 2S1110D-03400 2S111DC-10200 KOBL.EGARDE,B RUPERT. KOENIG.NORMA 510 MAYER BUILDING 15575 SW OAKTREE LANE 1130 SW MORRISON ST TIGARD.OR 97224 PORTLAND.OR 97205 2S111DB-01400 2S111AC-06000 - KREITZER.JOHN E IRMA LACEY,THOMAS R 15460 SW ALDERBROOK CIR 15070 SW 92ND AVE TIGARD.OR 97224 TIGARD.OR 97224 2S11100-02200 2S1110D-02400 LANFORD.JANET E LEE,CHANG HWAN AND 15680 SW 88Th ST LEE,KYUNG JA AND TIGARD.OR 97224 LEE,DAVID T 8940 SW HAMLET ST TIGARD, OR 97224 25111 DC-00100 2S111 0B-01600 UEBERMAN,LESTER TRUSTEE UNDEMAN,OTTO J 15580 SW ALDERBROOK CIR 15500 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-04100 2S11100-04200 LUCAS,ROBERT W AND MARGARET C LYNAM;DONNA S 9135 SW SUMMERFIELD CT 15705 SW STRATFORD LP TIGARD,OR 97224 TIGARD,OR 97224 2S111 DC-03000 25111 DC-10500 LYSTER,HAROLD W AND MARGARET E GOUGH TRUST MARJORIE J 15660 SW ALDERBROOK CIRCLE 15625 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 • • 2S 111 DD-02500 2S1 11 DB-02000 MARVEL,GALE 0&BERNICE E MATHISEN,CHARLES A&BETTY I 8900 SW HAMLET ST 15555 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 25111 DD-15400 2S111 D13-01000 MAYS,GARY E& MCCABE,WILLIAM E/NORMA F GORDON,TEDDI R 15380 SW ALDERBROOK CIRCLE 8721 HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-01000 2S111AD-16700 MCDONALD,LYNN B& MCKEE,MARK AND KATI FANTZ MONICA R 9021 SW WESTLAND CT 8340 SW ROSS ST TIGARD,OR 97224 TIGARD,OR 97223 2S111DC-00200 2S111AD-16600 MCKEEN,MARGARET TRUST MEDINGER,TIMOTHY J&JOANNA E 15600 SW ALDERBROOK CIRCLE 9033 SW WESTLUND CT TIGARD,OR 97224 TIGARD,OR 97223 25111 DD-03700 2S111AD-09700 MERCHANT,JOHN J JR&JAN M METZGER,RAY B 15630 SW 88Th AVE 8705 SW REILING ST TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-11800 2S112CB-13400 MILLER,SHARON L MOLL,JAMES A/CAROLYN J 15040 SW 89TH PL 14874 SW KENTON DR TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-10600 2S111DB-08600 MORRILL,S JANE MOY,HARLAND F AND 10055 HEDGES CT ALTHEA R TUALATIN,OR 97062 15410 SW OAKTREE LANE TIGARD,OR 97224 2S111AD-09800 25111 DD-03100 NEJAD,KAZEM KN&SALARI,MARZ NEUBAUER,HERBERT BERTA 8695 SW REILING ST 8835 SW HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-14000 2S112CB-13200 NEWGARD,BRADFORD J&MARY R NIELSEN,CAROLYN M 14821 SW KENTON DR 14910 SW KENTON DR TIGARD,OR 97223 TIGARD,OR 97223 2S111DB-00700 2S112CB-13500 NIELSEN,MELVIN S&BETTY J O'CONNOR,PATRICIA JO 15320 SW ALDERBROOK DR 12922 SW BEDFORD ST TIGARD,OR 97224 TIGARD,OR 97224 • • • 2S111DB-09300 2S112CB-14900 OLSEN,HAROLD 0 AND DORIS E OREGON,STATE OF DEPT OF 15550 SW OAKTREE LN TRANSPORTATION TIGARD,OR 97224 PO BOX 1368 BEAVERTON,OR 97075 2S111DB-02600 2S111AD-16900 PECK,H W TR& PENAFLOR,DAVID M AND KYONG A PECK,MARCELLA O'RIELLY TR 9034 SW WESTLUND CT 15435 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-03000 2S112CB-13600 PINKERTON,DONALD H PITTMON,BRADLEY J&LAURIE G VIRGINIA FRY 14830 SW KENTON DR 15355 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 2S111 DB-01300 2S111AC-03400 PRICE,MAXINE M READER,GEOFFREY G&LAUNEE G 15440 SW AL.DERBROOK.CIRCLE 15015 SW DAWN CT TIGARD,OR 97224 TIGARD,OR 97223 ' 2S111AD-16800 2S111AD-10800 RECHT,PATRICIA A REYNOLDS,STEVEN AND 9022 SW WESTLUND COURT HART,UNDA K TIGARD,OR 97224 15140 SW 88Th AVE TIGARD,OR 97223 2S111AC-03300 2S111AD-12700 - REYNOLDS,WILLIAM T&MARTHA R RIVERMAN,DAVID HAROLD 15025 SW 92ND AVE 15085 SW 89TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-12300 2S111DA-00200 SAHLI,MARK A AND SATTLER,AGNES ESTATE OF CALLAGHAN,PATRICIA A SATTLER,EDWARD JACOB JR 15140 SW 89TH PL 8800 SW SATTLER RD TIGARD,OR 97224 TIGARD,OR 97224 2S111 DA-00100 25111 DA-00300 SATTLER,EDWARD J SR AND SATTLER,LILLIAN E TRUSTEE LILLIAN E TRUSTEES 15245 SW HALL BLVD 15245 SW HALL BLVD TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-12400 2S111AD-09600 SCHAMP,ERIC J SCHECKLA,F J 15145 SW 89TH PLACE 15085 SW HALL BLVD TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-09500 2S111DB-03100 SCHECKLA,F J SCHIERMAN,DANIEL C AND 15085 SW HALL BLVD EMMA C TIGARD,OR 97223 15335 SW ALDERBROOK CR TIGARD,OR 97224 • • . 2S111DA-00400 2S112CB-00900 SCHMIDT,HENRY L SCHMIDT.JOHN E AND JANE V 15435 SW HALL BLVD 8325 SW ROSS TIGARD,OR 97224 TIGARD,OR 97223 2S111A0-12800 2S1110B-09000 SELF,STEVEN R&KIMBERLY ANN SHELTON,JOHN F&KATHLEEN 15065 SW 89TH PL 15490 SW OAKTREE LANE TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-11700 2S111AD-12200 SHOVERS,AARON HIKATIE TRS SLAVERS,GARY L AND JUDY K 1420 IROQUOIS 15120 SW 89Th PLACE LONG BEACH,CA 90815 TIGARD.OR 97223 251110D-04000 2S111AD-12000 SQUIRES,JAMES R/BARBARA W TAYLOR JILL J 15675 SW 88Th AVE 15080 SW 89TH PL TIGARD,OR 97224 TIGARD.OR 97223 2S111AD=10100 2S111DB-08900 TRUAX.HERB M TURIN,LOUIS&LAVON 8720 SW REII.WG 15470 SW OAKTREE LN TIGARD.OR 97224 TIGARD,OR 97224 2511106-09100 25111DD-02600 UPRIGHT,COLLEEN M VOELZICE,BONNIE J AND 15510 SW OAKTREE LN HAYES.MARY S TIGARD.OR 97224 2667 PURISIMA CT NE SALEM,OR 97305 2S111D6-01500 2S112C6-14400 WALMAN,EUGENE A TRUSTEE WANDERSCHEID,GARY NCLYDENE L WAL MAN,MARIE C TRUSTEE 14943 SW KENTON DR HORST,ELEANOR A TRUSTEE TIGARD,OR 97224 15480 SW ALDERBROOK CIR T CAMI QZ 97224 2S111DB-01900 2S111AD-17000 WEGNER,GLENN W&JEANETTE C WERNER,DONALD D AND TRUSTEES KATHLEEN A 15560 SW ALDERBROOK CIRCLE - .- 9046 SW WESTLUND CT TIGARD,OR 97224 - TIGARD,OR 97224 2S111AD-10700 2S112C6-13800 WESTFALL,DAVID K AND WESTLUND,ANDREW NNALORIE A TINA M 14800 SW KENTON DR 15110 SW 88TH TIGARD,OR 97224 TIGARD,OR 97224 25111 DB-03600 2S111DB-02400 WILHELJM,DONALD H/EUNICE G WILKIE,JEANNIE 9130 SW SUMMERFIELD COURT 15475 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 • • • 2S111DD-04100 2S111AD-12500 WILLIAMS.GREG N/KIM H WULUAMS,LANA L 15695 SW 88TH AVE 15125 SW 89TH PL T'IGARD,OR 97224 TIGARD.OR 97224 25111D601700 2S111AD-10000 WILLIAMS.RICHARD F WILUAMSON,LARRY C AND ELEANOR B SANDRA L 15520 SW ALDERBROOK CIRCLE 8710 SW REIUNG TIGARD.OR 97224. TIGARD.OR 97224 2S111A0-16500 2S1110D-02300 WILSON.CLAYTON C/DIANE L WILSON.JAMES R AND 9045 SW WESTLUND CT CHRISTINE R T1GARD.OR 97224 8960 SW HAMLET ST TIGARD.OR 97224 4 2S111AD-12900 2S112C8-03900 WINSTO.MARK ROBERT WOODARD.DANA C&BEVERLY A 15045 SW 891H PLACE 8469 SW ASHFORD ST i TIGARD.OR 97224 TIGARD,OR 97224 2S11100-15500 2S111 DC-10300 WROLSTAD.KIMBERLY A YARDLEY.CARL C&EVELYN R " 8705 SW t1A11LET ST CO-TRUSTEES .= TIGARD.OR 97224 15620 SW ALDERBROOK CIR"' T1GARD,OR 97224 2S111DB-00500 MATRIX DEVELOPMENT •1 YAaOUNO.LOUIE AND 6900 SW HAINES ST CARMELLAC TIGARD, OR 97223 15280 SW ALDERBROOK DR TIGARD,OR 97224 • FRED MARTINSON 15600 SW ALDERBROOK CIRCLE TIGARD, OR 97224 - FAX TRANSMITTAL - . PLACE UNDER CITY OF TIGARD IO• LEGAL NOTICE SECTION OF TIGARD TIMES • DATE:May 31, 1996 TO: Mary White, Legals (fax) 620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171 The following will be considered by the Tigard Planning Commission on June 17. 1996 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. • PUBLIC HEARINGS COMPREHENSIVE PLAN AMENDMENT(CPA)96-0004/ZONE CHANGE(ZON)96-0003/PLANNED DEVELOPMENT(PD) 96-0002 SAUCER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. lL r,i— ii(Iw�E 1 fY —' 1 1 11 I I,l) ! ! � IA 1 1 I 1 - Awe CATTL.R Tye:—, ' I I 1 •i•••.••••••.�• a •i•i•••i•i Oi i••i•i�i i�i�s %I�':�•t':444444:::::::* 11.11 110 may` , ` `� /// �•t•�.�❖.•�•�•••••••.•.�•.•t 1 g, 1 • • ,i,- \, \ I I 1 I 11 I , 7N1 i+ i1TI!.Sri /� '�"� 1 ! I I I 1 L �I� ; i ��c\ ^ CT�r" �I�- ��/� �(;'IMAYEN •I �vv<>. I � / C ! 1 1 I I I i i 1 1 I /T 1 ! �\\," i C'%%`\— `, /��.� l 11''''' 1 I 1 1TI I li 1' 1 ..4--OIL i, , , \ •�! III! ;���)�\i _t� l i I 1!�-_ ! :_r i � I F' ' '\ t , ��; I _ ' till I I II / ! I Ii ,T. 1111 I I t t 1\. 1 1 tIillI � 11�-�I I 11 11 I;1M 1 i i O AWW RD ��,1 , IL_. ( , / I _ j j. '!, lll 1� i11! ii 1 Ti PUBLISH June 6. 1996 . Vicinity Map i////j� �- � p��V. c...w A s .r•...o ..mAacwf � Note:Map is not to scale .,.•..•z..as...«e>,.wo.. .N • HA Crr OF TIGARD AFFIDAVIT OF MAILING I OREGON • STATE OF OREGON ) County of Washington ) ss. - City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Senior Administrative Specialist for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director X Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on then? g42.1 day of 7 -7/ -e , 1996; said PUBLIC HEARING NOTICE as hereto attached, was posted on an appropriate bulletin board on the n/a day of n/a and deposited in the United States Mail on thec:2I t day of I 1996, postage prepaid. i Prepa °c1 Notice Subscribed and sworn/affirmed before me on the 0 day of , 19 6 NOTARY PUBLIC a •REG�. OFFICIAL SEAL. �:.f My Commission Ex es: ?' .a DIANE M JELDERKS r NOTARY PUBLIC-OREGON � COMMISSION NO.046142 MY COMMISSION EXPIRES SEPTEMBER 07,1999 OPUBLHEARING EXHIBIT IC NOTICE • NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, June 17, 1996, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: COMPREHENSIVE PLAN AMENDMENT (CPA) 96-0004/ZONE CHANGE (ZON) 96-0003/PLANNED DEVELOPMENT (PD) 96-0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential/R-12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential/R-4.5 to Medium Density Residential/R-7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single-Family Residential) allows single-family detached units, manufactured homes, farming family day care and conditional uses such as single-family attached units, duplex units, religious assembly and schools. R-12 (Multple-Family Residential) allows single-family detached and attached units, duplex units, multiple-family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER May 28. 1996, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE • HEARING MAY REQUEST THP HE RECORD REMAIN OPEN FOR*LEAST SEVEN DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE DECISIONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. - FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER, Ray Valone. AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. l /71 t^^� 1"LESklIEw 1 „ Eggv I..L. MI N 0 cATTLER 1 1 //////.i .•.00000.❖.000❖.• J I . :. .• ►0000000000 oo..�.I I MI ,� ����•���♦••♦♦♦♦•♦•♦■ Z . I\/}\III•/—\TII`(' z ' = • liI ((� Q Ifl �Pi r nuum 0- `■.►•` ' \ 1 I 1111011111, II n. I CT — I I ivfMAVFY l�— , � f-m 1 I i iii Ur r l/ j I l I 1 \ i I 1� I I I I ' I ( i RIRATFORPOT,J I I RD ( V I I I \l Una DURHAM ` I I I i 0 I 11u. , 7-111 111111111 ; Vicinity Map / Low Oenury R�5 m nmevun Om,a nR-7(PO) Note:Map is not to scale f///�\\i ;P,oP,,,��,�0„nc„�,Pl,nnnaC neRnn,nL N :aebntn�nR-IxbR-:(POI. • • • EXHIBIT 2S111AC-06200 . ARNETT,MICHAEL G&JOAN L 8076 SW 184TH • ALOHA,OR 97007 25111 DD-03500 2S111DB-08700 ARRIGONI,JOHN A AND ASCHENBRENNER,DOROTHY A MARGARET R 15430 SW OAKTREE LN 8935 SW HALMET ST TIGARD,OR 97224 TIGARD,OR 97224 25111 DB-04200 25111 DD-13700 ASTRUP,BERT R&JOYCE F ATKINSON,BETTE C 9105 SW SUMMERFIELD COURT 8722 SW HAMLET ST. • TIGARD,OR 97224 TIGARD,OR 97224 • 2S111DB-00400 25111 DB-02700 AUNGIER,ROBERT B&LOIS M TRS BARBER,VIRGINIA J 15260 SW ALDERBROOK DR 15415 SW ALDERBROOK CIRCLE • TIGARD,OR 97224 TIGARD,OR .97224 2S111DB-08800 2S112CB-13100 BARTON,ROBERT A BEAHM,TODD L&SUSAN M AVONELLE J 14932 SW KENTON DR 15450 SW OAKTREE W TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-11000 2S111DB-00300 BERRY,MICHAEL J BORGFORD,MARTIN H&VIRGINIA 15115 SW 88TH AVE 15240 SW ALDERBROOK DR TIGARD,OR 97223 TIGARD,OR 97224 2S112CB-04000 25111 DB-02300 BRADLEY,WILLIAM L&ANN P BRANDT,PAMELA PORTER& 8447 SW ASHFORD ST PORTER,JOHN R& TIGARD,OR 97224 PORTER,JAMES C 15495 SW ALDERBROOK CIR • 2S112CB-13300 25111 DD-02700 BRIED,STEPHEN J BROWN,HARRY E AND SALLY M 14896 SW KENTON DR 8850 SW HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 25111 DD-02800 2S111DB-00800 BROWN,WAYNE A&JUDITH A BURGESS,WILFRED 26400 SW BAKER RD MARGARET S SHERWOOD,OR 97140 15340 SW ALDERBROOK CIR TIGARD,OR 97224 2S 111 DD-03300 2S 111 DD-15100 BURKE,TIMOTHY R&SUSAN C BURNS,JOHN R JR AND 8885 SW HAMLET ST PAMELA D TIGARD,OR 97224 8785 SW HAMLET ST TIGARD,OR 97224 • • • 2S111DC-10400 2S111AD-13500 BUTLER,ROBERT D AND CAMERON,DUNCAN D&DEBORAH K BUTLER,JOEANNE H 15119 SW 91ST AVE 15640 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-13600 2S111AD-09900 CASPERSON,RUDOLPH 0 CASTELLANOS,THERESA 220 SW 1ST AVE 8700 SW REILING ST PORTLAND,OR 97204 TIGARD,OR 97224 2S111DB-02900 2S111AD-12100 CHAFFEY,RAMSEY/JOAN I CHASE,SCOTT A/LESLIE C 15375 SW ALDERBROOK CIRCLE 15100 SW 89TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-13000 2S111 DB-03500 CHILDERS,DANIEL D/STACY A CHORD,BETTY S,TRUSTEE 14954 SW KENTON DR 9100 SUMMERFIELD CT TIGARD,OR 97224 TIGARD,OR 97224 2S111DC-10700 2S111D13-01800 CORNWELL,VARNEY T&VIVIAN A COUTANT,ALLAN S AND 15720 SW OAK MEADOW LN ELEANOR G TIGARD,OR 97224 15540 SW ALDERBROOK CIR- TIGARD,OR 97224 2S111 DB-02100 2S111013-01200 CROW,WALTER L AND MARY E CROY,DONALD JNIRGINIA M 15535 SW ALDERBROOK CIRCLE 15420 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-15000 2S111AC-06100 DAILER,DAVID M DIAZ,GUADALUPE AND 15653 SW 87TH AVE BARBARA H TIGARD,OR 97224 P 0 BOX 428 HAWAII PREP 2S111DB-00200 2S11100-14900 DRUMM,VIRGINIA K CO-TRS& DURAND,RICHARD J&MARILYN J WEBBER,CARLA CO-TRS 15675 SW 87TH AVE 15220 SW ALDERBROOK DR TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-04100 25111 DD-03600 EKLUND,PAUL J FEATHER,FRED H AND 8425 SW ASHFORD ST VIRGINIA M TIGARD,OR 97224 8955 SW HAMLET ST TIGARD,OR 97224 2S111 DD-15200 2S111 DB-02800 FORD,DENNIS M AND SYLVIA A FRYKBERG,WILLIAM&JEANNE 8769 SW HAMLET ST 15395 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 • • 2S111AD-13000 2S111AD-17100 FURUKAWA,THOMAS T AND GALLOWAY,SCOTT&WENDY W ESTELLE Y 9058 SW WESTLUND CT 15025 SW 89TH PLACE TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-16400 2S111DB-03400 GARCIA,OCTAVIO&CATHRYN M GILLETTE,ROBERT W AND 9057 SW WESTLUND CT MAIDA J TIGARD,OR 97224 15315 SW ALDERBROOK DR TIGARD,OR 97224 2S111 DB-08500 2S111AD-10900 GLANZMAN,DONALD D GOFF,FLOYD T JR&BEVERLEE A GERTRUDE TRUSTEES 15390 SW OAKTREE LN PO BOX 230669 TIGARD,OR 97224 TIGARD,OR 97281 2S111DB-01100 2S111DB-09200 GRIMM,WALTER R HAHN,HELEN G TR 15400 SW ALDERBROOK CIRCLE 15530 OAKTREE LN TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-00900 2S111 DB-02500 HAMLIN,G HOMER/HAMLIN,GRACE HARTMAN,VIRGINIA W HENDERSON,EDYTH M,TRUSTEES 15455 SW ALDERBROOK CIRCLE 15360 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 • 2S111 DD-03900 2S111 DD-03800 HERSTEDT,PETER R&CATHY HIGDON,SUE 15645 SW 88TH AVE 15615 SW 88TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-15300 25111 DD-03200 HILDAHL,DAVID A AND HIMMELWRIGHT,ROBERT W LORNA A 8855 SW HAMLET ST 8743 SW HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-00600 2S111AD-13600 HOFFMAN,HELENA W HOUGHTON,RAYMOND C II AND 15300 SW ALDERBROOK DR CAROLYN B TIGARD,OR 97224 22401 MCKENZIE CT WEST LINN,OR 97068 2S111 DD-03000 2S111AD-11100 HOUK,TONY&C SUZANNE HOUSING AUTHORITY OF 8805 SW HAMLET ST WASHINGTON COUNTY TIGARD,OR 97224 111 NE LINCOLN ST#200-L HILLSBORO,OR 97124 2S111AD-12600 2S111DB-00100 HOUSING AUTHORITY OF HUBBELL,AUBREY H&MARY E WASHINGTON COUNTY 15200 SW ALDERBROOK DR 111 NE LINCOLN ST#200-L TIGARD,OR 97224 HILLSBORO,OR 97124 110 • 2S111AD-13700 2S111AD-11900 HUBBELL,KIMBERLY A HUGHES,WENDY M&RONALD T 15073 SW 91ST AVE 9205 NW SKYLINE BLVD TIGARD,OR 97224 PORTLAND,OR 97231 2S111 DB-02200 25111 DC-10600 HUGHES,WILLIAM LEO HUSTON,FRED R AND DORIS M SHARON MARY 15680 SW ALDERBROOK CIRCLE 15515 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-02900 2S112CB-13900 JAHRAUS,LOREN F/PENNY M JONES,DOUGLAS III/JACQUELINE 8800 SW HAMLET ST 14807 SW KENTON DR TIGARD,OR 97224 TIGARD,OR 97223 2S111 DC-03100 2S112CB-13700 KJOS,JAMES R KLASSY,KENNETH C/KAREN ROSE 15605 SW ALDERBROOK CIR 14818 SW KENTON DR TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-03400 2S111 DC-10200 KOBLEGARDE,B RUPERT KOENIG,NORMA 510 MAYER BUILDING 15575 SW OAKTREE LANE 1130 SW MORRISON ST TIGARD,OR 97224 - • PORTLAND,OR 97205 2S111 DB-01400 2S111AC-06000 KREITZER,JOHN E IRMA LACEY,THOMAS R 15460 SW ALDERBROOK CIR 15070 SW 92ND AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111 DD-02200 25111 DD-02400 LANFORD,JANET E LEE,CHANG HWAN AND 15680 SW 88TH ST LEE,KYUNG JA AND TIGARD,OR 97224 LEE,DAVID T 8940 SW HAMLET ST 25111 DC-00100 2S 111 DB-01600 LIEBERMAN,LESTER TRUSTEE LINDEMAN,OTTO J 15580 SW ALDERBROOK CIR 15500 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-04100 2S 111 DD-04200 LUCAS,ROBERT W AND MARGARET C LYNAM,DONNA S 9135 SW SUMMERFIELD CT 15705 SW STRATFORD LP TIGARD,OR 97224 TIGARD,OR 97224 25111 DC-03000 25111 DC-10500 LYSTER,HAROLD W AND MARGARET E GOUGH TRUST MARJORIE J 15660 SW ALDERBROOK CIRCLE 15625 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-02500 25111 DB-02000 MARVEL,GALE 0&BERNICE E MATHISEN,CHARLES A&BETTY I 8900 SW HAMLET ST 15555 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR • 97224 2S111 DD-15400 2S111DB-01000 MAYS,GARY E& MCCABE,WILLIAM E/NORMA F GORDON,TEDDI R 15380 SW ALDERBROOK CIRCLE 8721 HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-01000 2S111AD-16700 MCDONALD,LYNN B& MCKEE,MARK AND KATI FANTZ MONICA R 9021 SW WESTLAND CT 8340 SW ROSS ST TIGARD,OR 97224 TIGARD,OR 97223 25111 DC-00200 2S111AD-16600 MCKEEN,MARGARET TRUST MEDINGER,TIMOTHY J&JOANNA E 15600 SW ALDERBROOK CIRCLE 9033 SW WESTLUND CT TIGARD,OR 97224 TIGARD,OR 97223 2S111 DD-03700 2S111AD-09700 MERCHANT,JOHN J JR&JAN M METZGER,RAY B 15630 SW 88TH AVE 8705 SW REIUNG ST TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-11800 2S112CB-13400 MILLER,SHARON L MOLL,JAMES A/CAROLYN J 15040 SW 89TH PL 14874 SW KENTON DR TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-10600 2S111DB-08600 MORRILL,S JANE MOY,HARLAND F AND 10055 HEDGES CT ALTHEA R TUALATIN,OR 97062 15410 SW OAKTREE LANE TIGARD,OR 97224 2S 111 AD-09800 2S111 DD-03100 NEJAD,KAZEM KN&SALARI,MARZ NEUBAUER,HERBERT BERTA 8695 SW REILING ST 8835 SW HAMLET ST TIGARD,OR 97224 TIGARD,OR 97224 2S112CB-14000 2S112CB-13200 NEWGARD,BRADFORD J&MARY R NIELSEN,CAROLYN M 14821 SW KENTON DR 14910 SW KENTON DR TIGARD,OR 97223 TIGARD,OR 97223 2S111 DB-00700 2S112CB-13500 NIELSEN,MELVIN S&BETTY J O'CONNOR,PATRICIA JO 15320 SW ALDERBROOK DR 12922 SW BEDFORD ST TIGARD,OR 97224 TIGARD,OR 97224 • • 2S111DB-09300 2S112CB-14900 OLSEN,HAROLD 0 AND DORIS E OREGON,STATE OF DEPT OF 15550 SW OAKTREE LN TRANSPORTATION TIGARD,OR 97224 PO BOX 1368 BEAVERTON,OR 97075 2S111 DB-02600 2S111AD-16900 PECK,H W TR& PENAFLOR,DAVID M AND KYONG A PECK,MARCELLA O'RIELLY.TR 9034 SW WESTLUND CT 15435 SW ALDERBROOK CIR TIGARD,OR 97224 TIGARD,OR 97224 25111 DB-03000 2S112CB-13600 PINKERTON,DONALD H PITTMON,BRADLEY J&LAURIE G VIRGINIA FRY 14830 SW KENTON DR 15355 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-01300 2S111AC-03400 PRICE,MAXINE M READER,GEOFFREY G&LAUNEE G 15440 SW ALDERBROOK CIRCLE 15015 SW DAWN CT TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-16800 2S111AD-10800 RECHT,PATRICIA A REYNOLDS,STEVEN AND 9022 SW WESTLUND COURT HART,LINDA K TIGARD,OR 97224 15140 SW 88Th AVE TIGARD,OR 97223 2S111AC-03300 2S111AD-12700 REYNOLDS,WILLIAM T&MARTHA R RIVERMAN,DAVID HAROLD 15025 SW 92ND AVE 15085 SW 89TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-12300 2S111 DA-00200 SAHLI,MARK A AND SATTLER,AGNES ESTATE OF CALLAGHAN,PATRICIA A SATTLER,EDWARD JACOB JR 15140 SW 89TH PL 8800 SW SATTLER RD TIGARD,OR 97224 TIGARD,OR 97224 2S111 DA-00100 2S111 DA-00300 SATTLER,EDWARD J SR AND SATTLER,LILLIAN E TRUSTEE LILLIAN E TRUSTEES 15245 SW HALL BLVD 15245 SW HALL BLVD TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-12400 2S111AD-09600 SCHAMP,ERIC J SCHECKLA,F J 15145 SW 89TH PLACE 15085 SW HALL BLVD TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-09500 2S111 DB-03100 SCHECKLA,F J SCHIERMAN,DANIEL C AND 15085 SW HALL BLVD EMMA C TIGARD,OR 97223 15335 SW ALDERBROOK CR TIGARD,OR 97224 • • 2S111DA-00400 2S112CB-00900 SCHMIDT,HENRY L SCHMIDT,JOHN E AND JANE V 15435 SW HALL BLVD 8325 SW ROSS TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-12800 2S111 DB-09000 SELF,STEVEN R&KIMBERLY ANN SHELTON,JOHN F&KATHLEEN 15065 SW 89TH PL 15490 SW OAKTREE LANE TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-11700 2S111AD-12200 SHOVERS,AARON H/KATIE TRS SLAVENS,GARY L AND JUDY K 1420 IROQUOIS 15120 SW 89TH PLACE LONG BEACH,CA 90815 TIGARD,OR 97223 2S111DD-04000 2S111AD-12000 SQUIRES,JAMES R/BARBARA W TAYLOR,JILL J 15675 SW 88TH AVE 15080 SW 89TH PL TIGARD,OR 97224 TIGARD,OR 97223 2S111AD-10100 2S111DB-08900 TRUAX,HERB M TURIN,LOUIS&LAVON 8720 SW REIUNG 15470 SW OAKTREE LN TIGARD,OR 97224 TIGARD,OR 97224 2S111DB-09100 25111 DD-02600 UPRIGHT,COLLEEN M VOELZKE,BONNIE J AND 15510 SW OAKTREE LN HAYES,MARY S TIGARD,OR 97224 2667 PURISIMA CT NE SALEM,OR 97305 2S111DB-01500 2S112CB-14400 WALMAN,EUGENE A TRUSTEE WANDERSCHEID,GARY A/CLYDENE L WALMAN,MARIE C TRUSTEE 14943 SW KENTON DR HORST,ELEANOR A TRUSTEE TIGARD,OR 97224 15480 SW ALDERBROOK CIR 2S111 DB-01900 2S111AD-17000 WEGNER,GLENN W&JEANETTE C WERNER,DONALD D AND TRUSTEES KATHLEEN A 15560 SW ALDERBROOK CIRCLE 9046 SW WESTLUND CT TIGARD,OR 97224 TIGARD,OR 97224 2S111AD-10700 2S112CB-13800 WESTFALL,DAVID K AND WESTLUND,ANDREW NNALORIE A TINA M 14800 SW KENTON DR 15110 SW 88TH TIGARD,OR 97224 TIGARD,OR 97224 2S111 DB-03600 2S111 DB-02400 WILHELM,DONALD H/EUNICE G WILKIE,JEANNIE 9130 SW SUMMERFIELD COURT 15475 SW ALDERBROOK CIRCLE TIGARD,OR 97224 TIGARD,OR 97224 • • 2S111DD-04100 2S111AD-12500 .WILLIAMS,GREG N/KIM H WILLIAMS,LANA L 15695 SW 88Th AVE 15125 SW 89TH PL TIGARD,OR 97224 TIGARD,OR 97224 2S111 DB-01700 2S111AD-10000 • WILLIAMS,RICHARD F WILLIAMSON,LARRY C AND ELEANOR B SANDRA L 15520 SW ALDERBROOK CIRCLE 8710 SW REILING TIGARD,OR 97224 TIGARD,OR 97224 • 2S111AD-16500 2S111 DD-02300 WILSON,CLAYTON C/DIANE L WILSON,JAMES R AND 9045 SW WESTLUND CT CHRISTINE R TIGARD,OR 97224 8960 SW HAMLET ST TIGARD,OR 97224 2S111AD-12900 2S112CB-03900 WINSTON,MARK ROBERT WOODARD,DANA C&BEVERLY A 15045 SW 89TH PLACE 8469 SW ASHFORD ST TIGARD,OR 97224 TIGARD,OR 97224 2S111DD-15500 2S111DC-10300 WROLSTAD,KIMBERLY A YARDLEY,CARL C&EVELYN R 8705 SW HAMLET ST CO-TRUSTEES • TIGARD,OR 97224 15620 SW ALDERBROOK CIR-- TIGARD,OR 97224 2S111DB-00500 MATRIX DEVELOPMENT • YAZZOLINO,LOUIE AND 6900 SW HAINES ST CARMELLAC TIGARD, OR 97223 .15280 SW ALDERBROOK DR TIGARD,OR 97224 • • • • = VEST=FOR:CO , . _ . .- . .. _.._.._-_ "___ �.� ._.�,_._:war _ - __,. ...0 .._. .. ._., -,_•. NOTING_ ATION UST.�pL�N�.iISE 8�DEII�AP.�iA�li: , .�'' �� .,fir'° .v.y.. :r:rryA ••,:.?- :j,r' 'w, r r - 'iiti•,''S�. L;�,. ? ' ,.•T.;fS �"�:'S,,24.-:11�r��d:G -�. =�•'t�i�^.Y.F�'.•w;.�r.--: �a'�.:ixr::ii �'" ._ar.-.,...;-:.•�..'=x:`'z�:f5..•.0_. _ _' ;a°.:.�y,+•r�. - r. :�"' �.J-:.'•" i-•-��' .�'",�,:�--.. -._ � .. .-a.t___.ti"- .r...-w..-r._.-.fi}:.-. K:N'�i�•'-'�Y'.-:'�.v_-. -. " .. .. . ., ......:w .......................................•-:•-:r..n4............-......-........ *nr.x::ru- f: .'h-r v./.•'?�?i'v ..4'i w�- • CRBook tom'- . :" CO® Placed for review Area:- (S E) C LibraiY CIT ) (W [ ) I - r::•':''''':-."': :i*:*•-•'• *:•*:•'•-• ::*'•*:::•:?•:•*:•:if:"::-•:"'•:::::•--.* :M...-•• •-•".•:M:''''''::::]:1*.:***i:*::i:i" ::-• "Ittittillitti'AffnitkiltS-gi -:•*niMf:::ii::•iWiai: :i'g:•::: : :: :: :•-• ':"- ---"--• •=::: :::::::--:::::::•:::: ":::.i---"i,:::i:•:': —BLDG.DEPT./David Scott,e - cmm X POUCE DEP./Keley Jennings.time p.m:eMon ix. _OPERATIONS/John Acker,kid,t.Sp v. I _CITY ADMIN./Cathy Wheatley,City Recorder -,,ENG.DEPT./Brian Roger.Development Review bvIn s* _COM.DEV.DEPL%D.S.T.S . _ADV.PING./Nadine Smith, w m.a rupswa pMATER DEPT./Michael Miller.°Prolong.1/41400eramro Nol e= . NRE MARSHALL UNIRED SEWERAGE AGENCY _TUALATIN VALLEY WATER DIST. —Gene Birchen - SWM Program/Lee Walker• PO Boz 745 Wo.County Fre District•. 155 N.First Street Beaverton.OR 97075 (pick-up box) HIlsboro,OR 97124.....:.:...:..::::.::::.:::::::..::.::.::.:.:::::::::::::.::::::::.:.::::::::.._::::::::::;:::: :.;:::.;:.:.;;:.:.::.: CAD: . ■C�Y/��{� • ' WA.CO.DEPT.OF LAND USE a TRANSP.. . 1 •' METRO AREA BOUNDARY COMMISSION ,LMETRO-GREENSPACES - -. 150 N.First Avenue • ' 800 NE Oregon-St.#16.Suite 540 Mel Huie (CPA's/IOA's) Hillsboro.OR 97124 Portland,OR 97232-2109 - • • • • 600 NE Grand Avenue • • -Portland.OR 97232-2736 . Brent Curtis(CPA's), '.: ..: - STATE HIGHWAY DIVISION '_Jim Tice(IGA'S) • : - _ Y Sam Hunan . - IL ODOT/REGION 1 .: • Mike Borreson(Engineer)_::•,,,'"::`•,".„,;,-,,.' ' . ' 'PO Box 25412' '>'., Laune hGdwlson/Trans.Planning . - ,•:_-L Scott King(CPA's) ; - - •" . Portland.OR 97225-0412 - 123 N.W_Flanders —Tom Harry(Current Planning App's): - - • :. _. _ Portland,OR 97209-4037 • ,.. —Lynn B�y(Current Planning App's). .-.OREGON DLCD(CPA's/IOA's) - -• . -'`- , -. 1175 CaurtStreet,N.E.'_• --- ODOT/REGION 1,DISTRICT 2-A - - _CITY OF BEAVERTON .. ,`, -r.,. Salem.OR 97310.0590 :: Bob Schmidt/Engineering Coord. Larry Conrad,°Senior Planner" -- ' "'-'1"'''''' '_ . 2131 SW Scholls/PO Box 25412 =�- -. :'PO Bose 4755. Cltf OF PORTLAND . Portland:OR 97225 Beaverton,OR 97076 • Planning Director • • • • - • ' 1120.SW 5th • —CITY OF LAKE OSWEGO • _CITY OF BEAVERTON . - ', Portland.OR 97204 • - City Manager, .' • Mike Matteucci,Neighborhood Coordinator -' • ; PO Box 369 -` .• PO Box 4755 :: - - ' CITY OF DURHAM ,Lake Oswego,OR 97034 Beaverton.OR 97076 City Manager- . • __: ; ,-. .::::•A • r':, -- PO Box 23483 • .. ' , •_ —CRY OF KING CITY CITY OF TUALATIN.,..;,:r1,_%:-",,....,1 ,.,,; ;:: _ Tigard.OR 97281-3483 ' • ' : City Manager PO Box 369' ---f•--;-•; . w .,, 15300 SW 116th ' Tualatin.OR 97062-' '. " . •_OTHER • • King City,OR 97224. - _GENERAL TELEPHONE ELECTRIC _PORTLAND GENERAL ELECTRIC —COLUMBIA CABLE CO. Elaine Self.Engineering- • .: • -• -- Brian Moore - • Craig Eyestone PO Box 23416 • _ •_ . 14655•SW Old Scholls Ferry Rd. - 14200 SW Brigadoon Court Tigard.OR 97281-3416 ' -. Beaverton,OR 97007. - Beaverton,OR 97005 _NW NATURAL GAS CO. areas mg 721460 _METRO AREA COMMUNICATIONS )C TRI-MET TRANSIT DEVELOPMENT •Scott Partner ' . `reic amani a -. • Jason Hewitt . ' Kim Knox.Project Planner 220 NW Second Avenue _ • Twin Oaks Technology Center 710 NE Holladay Street Portland,OR 97209-3991 '' . "' 1815 NW 169th Place 5-6020 . Portland,OR 97232 Beaverton,OR 97006-4886 _TCI CABLEVISION OF OREGON - i • _US WEST COMMUNICATIONS _SOUTHERN PACIFIC TRANS.CO. y� Linda Peterson ,,• , ; .. . . -fete Nelson . . Duane M.Forney,PLS-Project Eng.• . . -. - _ 3500 SW Bond Street .' . ;,: 421 SW Oak Street : _ 800 NW 6th Ave.;Room 324 Portland,OR 97201°-..'' :;. _-1:-:' Portland.OR 97204•• • - - •-Union Station _ - • Portland.OR 97209 _AERONAUTICS DIVISION(ODOT) . - - DIVISION OF STATE LANDS • _US POSTAL SERVICE - _COMMERCE DEPT-M,H-;PARK •;�,_::' : _FISH&WILDUFE Randy Hammock,Growth Cord. PUC ' - • : • _DOGAMI - Cedar Mill Station DEPT.OF ENVIRONMENTAL QUALITY ''' - Portland.OR 97229-9998 - '` . _ - _OTHER .; ., :u .:,,� h=`°"` `-- .. _U.S.ARMY CORPS.OF ENGINEERS -�-_ `, b_ _ . _ September 13, 1996 Lois Aungier CITY OF TIGARD 15260 SW Alderbrook Dr, Tigard, OR 97224 • - OREGON Dear Ms. Aungier. Your letter of September 4, 1996, was forwarded to the Planning Department. We are pleased to have the opportunity to respond to concerns related to the rezoning of what is generally known as the Sattler property at Hall Boulevard and Sattler Street. The land use designations were changed for this area because the requested change met the criteria for change. The change would not have been made if the criteria had not been met. While 19 acres were changed from R-4.5 to R-7 (7,500 square foot lots to 5,000 square foot lots), 8 acres were also changed from R-12 to R-7 (3,050 square foot lots to 5,000 square foot lots). The land use designation changes will effectively permit no more units than were allowed under the original land use restriction. We believe you will find the quality of homes to be built in the subdivision proposed for this property to be at least as high as those in the neighborhood. Market forces will dictate the quality of homes. The sales price of the property will also do much to affect the value and quality of homes positively. The homes will have to be of . quality if the developer is to gain a return on his initial investment. Examples of the type of home that could be expected to be built can be found in the Fox Run subdivision in Tualatin and the Hunter's Glen subdivision in Tigard. If the 8 acre portion had remained R-12, the City would have had no control over the quality of residential units. Here, again, the sales price of the property may have helped to positively affect the quality of apartments but the number of units possible at the R-12 density is less than some of the better quality apartment complexes we have seen recently. Except for property directly to the north and south of the Sattler property, all property around the Sattler property is zoned R-7 or R-12 that allows the same size lot the developer of the Sattler property will be providing. The City is responsible for providing all types of housing and it appears that the recent change on the Sattler property allows for a balance of quality development, market forces, and housing needs. If you have any questions, I would be more than happy to assist you. Sincer , i� Q !a Richard Bewersdorff Planning Manager c: Mayor&City Council Bill Monahan Jim Hendryx 13� H"�vd Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 � s April 2, 1996 CITY OF TIGAR® W& H Pacific, Inc. OREGON Attention: Ms. Chris Eaton 8405 SW Nimbus Avenue Beaverton, OR 97008-7120 Re: Density Calculations for the Sather Property Dear Chris: This letter is in response to your memorandum dated March 22, 1996 to Ray Valone. Upon review of the numbers you have provided concerning these properties, the net density calculations you provided are generally consistent with the density requirements of the Community Development Code. The Community Development Code does not require rounding down until the final • number is reached when doing density calculations. For this reason, up to 103 units are permissible within the existing 8.5 acres of R-12 property. A previous wetland's delineation for these properties found that the existing agricultural ponds are wetlands. Although the initial application is for a Comprehensive Plan Amendment and Zone Change, the existence of wetland(s) on the property limits the allowable project density permitted through a future development application. Because the Development Code excludes any areas that are wetlands for density calculation purposes, these areas • cannot be included in the net developable acreage unless the Division of State Lands _ permits them to be filled. Please feel free to contact me concerning this information. Sincerely, 71/1a/t4 Mark Roberts, AICP Associate Planner • i:lcurpin\rnark_r chris.doc . c: �Correspondence_File a 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772