Loading...
Ordinance No. 79-41 17 A CITY OF TIGARD, OREGON ORDINANCE NO. 79---//, AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY GEORGE & AASE HUSVAR, FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANG- ING THE ZONE DISTRICT FOR TRACTS OF LAND GENERALLY LOCATED SOUTH OF S.W. MCDO14ALD STREET IN THE AREA OF S.W. 97TH AVENUE AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 11BA, TAX LOTS 106 and 107 FROM WASHINGTON COUNTY "RU-4" TO CITY OF TIGARD "R-7" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A", "B", "C", GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. i THE CITY OF TIGARD ORDAINS AS FOLLUNS: { SECTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as Washington County "RU-4" and further findings that pursuant to prescribed procedures, the above-stated application for a zoning map amendment was heard in a public hearing held by the Tigard Planning Commission § on May 1, 1979, and thereafter the Planning Commission filed its report and recom- mended approval with the City Recorder, a copy therefore hereto attached and by reference made a part hereof, the Council adopts the following substantive findings: A. That the applicant is in conformance with the Urban Low Density Residential designation of NPO #6 Plan, and B. There exists a need to zone parcels that are within the City limits to the City of Tigard Comprehensive. Plan designations SECTION 2: THEREFORE, ,pursuant to the requirements of Chapter 18.88 of Tigard Mun- icipal Code, the applicant's request for an amendment of the Tigard- Zcning Map of 1970 to zone those lands described in the attached Exhibit "A" for Single Family -esidential. (R-7) use is hereby approved subject to the provisions of Chapter 18.20 (Single Family Residential Zones) of the Tigard Municipal Code as embodied in or exhibited by the documents submitted and identified as follows: Exhibit "A":_- Legal Description Exhibit "B": - Staff Report Exhibit "C1°" - Vicinity Map And further subject to the following conditions: 1. That USA sewer service be available for any parcel prior to issuance of building permits. 2. That five feet of sight-of-way be dedicated to the City from lots 106 and 107 along the frontage of S. J. 97th with half street improvements prior to issuance of building permits. 3. That all streets created on any parcel when development occurs shall be designed to connect to existing streets and will be 7. ORDINANCE No. 79-//, ZC 3-79 ZC 7-79 �fi-- prohibited from creating cul-de-sac or dead end streets unless the need can be justified. 4. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the depart- ment. No construction shall take place in these instances until after the changes have been approved. Any deviation from this con- .dition will result in the immediate posting of a stop work order on the project or any portion of the project. Section 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval of the Mayor. PASSED: By �lI)GrrrryiDUs vote of all Council members present this o21 day of AI , 1979, after being read two times by number and title ofiily. Recor er - City of Tib d APPROVED: By the Mayor this L day of __ , 1979- Mayor - Ci y of Tigard PAGE 2 ORDINANCE No. 79-,y) ZC 3-79 ZC 7-79 0; • 1 „ -�..-<--'�+T"' � ,�,.,,1�^'.......;.....,..�-7•^.;nn.++F+ w.-.+.,.. ... � �+. s*�+#�c�!'.:,+�t�p�y ..-,�.,_,.-�.= .S,,.i .,w,....�.,M.}p.� /-__ 7. r•tw.ti m _ SY.!!4aP',?�R- _.....�_ .:::..'c__w c..-+.. .,. ._ aa"!�..n!ib'y! R �/1 "i� e r,: w i}+ � K.'V,) F AiZ mry iY rsaw PdPBssftTl. fQ.k3� ,rtot„�tor a a,W*daft dit.w�bff,asYee�,dart aw,E4 + . �,swwi,asNt►r ii of rr+foKR MRAs vWWW a h-W wffaffoe ow smaiAM sa d dr#ft+tlWv ai/ a 4eM+tsd'!n arr >dtr � •, . a,adaaa owi+aaa toed ,J,oIt thuew,ti+&JOR ai e�o,aaaot■t tAt fhb—d aahla$ .. dSAafs Ot t flatat+8a.d ralaYw' u°n"t s ae r aw..sr!7 S5 .feet of the descrtbw&trtoL :ae Scut-7 290.5 fest of evsn widthat Loi 25, " QJ�gDYYb.L YG8S5. q� v in 5(ash3t,g oa C=ntr, o:'e6osda Except ttse L las feet of the 5oaard 274 feet &s d®aoribed 1n deed to iaeendolpn 3. Moffat, et=vir, :ecardrd 4a7 i, :9;I, 1n Eo01c 320, "46 .o3, Deed Mxcorda.-��---- '-� i ,..,.0 bo ;grar.i:!aMes,iVW nw a,hrw asfilN+taravl'• urfo liar acid ararrw at+d pr,ra'as'r la,r,°>',a+ - - ' JM xtva7 D+id for tiv, of Ysl,ii,dY' '� Wa°Q'Tad l�anres, itr xtuaf mr%vdam Q* ,O w*ft d or ineh+dsa aawr.daotas,t9 da:t.+w..+.sa.t»tss9vs.t• 1,ti caftuticion(ie .0 ).'''(7'twwma,cr.laas.+.Ns.s.lfk.A,Jsmf.,+MfM"%abra.J iR n-rrmrrxr+p?+ d•' t3 sand whom,?ar eorasst to re�rfw-dw 4nos'st' dw Andaid r}y, rd&WI stal ed 1e•,M.tdeo tht P,*. dmaeaf aAoY iA W;tramaa FYI,tJffi/rs,sor haOMPWAtd 0"imse,frst• .._, _:.d pd..., 3 `�'= F':i '�``-,r`: biyY• 76&c.sj f jb kw.Kw--16 PAF ,a aft .....,w•.. _ .m ., .*" !F7"ditQdrGRBid ►: od OLWas �� _.� ..,dA..�.�. Jbae.f�b++0ef•+�"�'';"",�"_'"v+...�',.ffi �dP,mnfra., i ��5-'1"'1t� r D+arramdv,ew•+o.f a0s.dn,e•ami-..' ..._ z+,...•*^ ad dv>�+md-a�K+rf hr dW wr tRo4 7h,Lan,w b fld . +.sRtlb,f tlEe how d►eAt' t ;# "S3:.. Maya M Weis bse da, �.a erY n , a,rar+tri oast sue aaaYeN,�rEv a time and.eafrd.c de. F •.,'�`rp Y ^P�'o�,,,, a�, }/' Ma N and or8a+iim tw ub aswr dF aft bald-d> +:. {'±!f1"Cd�6d. l�1l .r t1 � 5��,7 tA,Nn edmwaNBni 01i if .0'�ri,:}nmb+6rmr ger sad dswi �7►sTiM�l,fartba�rar -,�j ter, _._s.. _.._..: ._«..» F -...y�....u,� .. F .. ����'." r'e.s4'e.; it wor pwbW tar *m N r•' i'. tfr tasBfai,dee ut,iifa+ � �; 4 - assra se�em,ta. + c a� .e i•.V7aG!Y 'waw a&I ♦aia _ .f ..-.... .r+.+,ursax�saewe,sws• :. '!fie .: _ .. .. --i 4 mom ~f""�... 'a'i�s..i tw.•.� yg -,..- "i' "-} " ,^Gulf STAFF REPORT AGENDA 5.l', TIGAP.D PLANNING CO.%Z1ISSION May 1, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Changes - ZC 3-79 Applicants: Mr. & Mrs. Husvar Owners: Same Application Date: February 2, 1979 Site Locations: ZC 3_.79 - 14200 S.W. 97th (Wash. Co. Tax Map 2S1 11BA, Tax Lots 106 and 107) Requests: For a zone map amendment from Wash. Co. RU-•4 to City of Tigard R-7 "Single Family Residential" on a total of159 acre parcel. Previous Action: This applicant was one of seven who appeared before the Planning Commission on March 20, 1979, for zone changes in the above discribed location. The applicant had one parcel approved and is now requesting two others which lie north and south of the previously adopted parcel. I Findings of Fact: 1. The site is designated "Urban Low Density" on the NPO #6 which allows four dwelling units per gross acre. 2. The owner is requesting a zone change in order to comply with the Comprehensive Plan. 3. Applicable NPO #6 policiesizor residential development are as follows: a "Density" - Policy #2 (page 3) l "Streets" Policy #3 (page 3) collector & local street standards (page I) "Other service" Policy #4 (page 3) i` "Site character"- Policy #6 (page 4) t �r 4. To the North, South and West are single family units. Lots 106 and 107 have frontage on 97th Avenue and open space to the east. The entire topography for this area slopes slightly from southwest to the northeast. - 5, The surrounding land uses are designated "Urban Low Density" and are presently occupied with single family residences (some of which are in the county). 6. The feasibility of installing a sanitary sewer line to service the seven lots is questionable. Installation of the line is pending ap- proval based on connecting ability of a private line from the subject parcels south to 94th Court and S.W. Ines Street. Water service will be provided by the Tigard Water District. ( 4 _ STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION May 1, 1979 - 7:30 P.M. Page 2 7. Southwest McDonald and S.W. 97th Street will serve as the major circulation facilities for the sites. They are designated "col- lector" streets by the NPO #6 plana Both are presently county streets and are in substandard conditon having inadequate paving, right-of-way width and no curbs or sidewalks. II Conclusionary Findings: 1. There exists a need to zone parcels that are within the city limits to the City of Tigard Comprehensive Plan designation. 2. S.W. 97th needs five additional feet or right-of-way. This street is substandard, therefore, half street improvements are necessary. 3. Sanitary sewer connection remains a concern due to the physical elevation of the land and the distance to the nearest line. A second alternative to install sewer service would be to construct a pump station to 100th. III Staff Recommendations: { Staff recommends approval subject to the followsing conditions: 1. That USA sewer service be available for any parcel prior to 't issuance of building permits. 2. That five feet of right-of-way be dedicated to the City from lots 'f 106 and 107 along the frontage of S.W. 97th with half street im- provements prior to issuance of building permits 3. That all streets created on any parcel when development occurs shall be designed to connect to existing streets and will be prohibited from creating cul-de-sac or dead end streets unless the need can be justified. 4. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes are approved by that departn-ent. application for changes will be made in writing and shall include applicable drawings, engineering specifications aAd other details requested by the department. No - construction shall take place in these instances until after the changes have been approved. Any deviation from this condition wi1Z result in the .immediate posting of a stop work order on the project or any portion of the project. Report prepared by: KSelby Reviewed by: d' a d $ C p Associate City Planner P or o . 14iEET S n 755 Ce. , 124 200 +� 50 200 104 103 .32 Ac. .74 Ac. .78Ac. aI e � s !85.04 w O u w a9°sx e 36 Ac. r o ^ +to 100 Y p m N 220 100 X00.08 „N 105 x + + BjAc. 3 197.z7 1 s 99 sz'w y° vl IR O a r Y d54� y 7O_S h1 , 301 N Io 252.1936 N ago 51t W 1 200 °i 101 " /.67Ac. 102 el 189.3 4 O O O+ r C.S. 7551 Z _ r a W s a9°54'E 525 Ld L 106 904c. I_ e 1100 U .91 Ac. 7� m 100 A! .g1AC n SEE MAP a�®� �le®®11aaa�Qaoau�Sgpaat�t1p@lauaa��oa�a�s!®�p�. 2S 1 11AB tj 107 LLU 4.04 Ch. 1200 1814c. n i° MAP V � ZONC ChA1rq�C. 7-C 3.79 y 1300 E.09 Ac. CS. 4723 u 3 ZONE CHANGE REQUEST Aase B. Husvar 1. A zone change from RU-4 to R-7 is requested so that zoning of this area will conform with the zoning of surrounding areas . 2. Tigard's adopted comprehensive plan designates this area proposed R-7. R-7 designation will conform with development along and to the north of S.W. 'McDonald Street, development along S.W. 100th Avenue, and development east and southeast of this area along Mountain View Lane and S.W. View Terrace. 3. The zone change is requested so that the owner can subdivide this area and the area can be used for residential building construction. There is a com- munity need for additional well-planned, well-con- structed residential development in the Tigard area, 4. There will be no adverse changes in environmental, economic or social conditions. Water supply is available to the area and the property owner will extend the water system within the area, The owner. will install a sewer system which will discharge into a sewer system to be constructed by the McDonald $ewer Association. The additional sewer connections will provide additional revenue to the U.S.A. to operate the existing sewer systems and sewage treatment facilities, Streets within the area will be constructed by the owner. Exit to and from the site will be onto S,W. 97th Avenue. Is estimated that approximately 3 lots will be developed in the area which will have little effect on the usage of S.W. 97th Avenue, 5. The proposed location is more suitable then many other locations in the City now zoned for the proposed land use because this location is near S,W. Pacific Highway and schools , and existing sewer and water services are available. 6 . The proposed development will have the effect of upgrading the land in the area and providing additional taxes and revenue for operation of the water systems, sewer systems , and schools. The proposed development will have no detrimental effect on adjacent sites, occupants, and neighborhoods , but rather will be an improvement as it will ?Hake sewer service available to existing residences in the area for use when needed. At certain times of the year, land in the area is not suitable for disposal of sewage through septic tanks } Page 1 of 2 ,r 1 existing dxaln fields fail? When to connect to and drain fiiiashave tead of Opportunityex1sting drain the owners w f replacing the new sewers ins fields. e subject - that osed development are police and 7. Public services that are available to t 7th AVeUne' project and the p p S,W` to be the rotection, water service in stem fire p for the sewer sy . and a sewer connection Sewer Assoc'atio4thtCourt, the McDonald SSW, 9 constructed by S.w. view Terrace and additional intersection of nate and no ment. All public services uireddfor the develop services will be req i Page 2 of 2 t .��r - . . � C MINUTcS TIGARD PLANNING COENL'IISSION May 1, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon i In the absence of President Tepedino, Vice-President Wood opened the meeting at 7:35 p.m. and served as President throughout. He introduced Susan Herron, serving at her first public hearing, as the member appointed by the City Council to fill the vacancy on the Commission. ROLL CALL: 1 Present: Bonn, Funk, Kolleas, Helmer, Herron, Smith, Speaker, Wood Absent: Tepedino Staff: Howard, Selby The minutes of April 17, 1979, meeting were considered. Speaker called attention to three typographical errors: (1) page 1, last full paragraph, the fourth line should read ,.. .of four Commission members, pointing out that the subcommittee's revised draft might have an eventual impact on the first item ..."(Underscore indicates addition.) (2) Page 3, the word "it"should be added at the end of the tenth line ("He stated his belief it is contrary...)" (3) on page 6, second and third lines in the New Business paragraph, the dup- l.i.cacibn of "Lite drafts cf sensitive lends ordinances enclosed with the packets for" should be deleted. Commissioner Wood asked that the following be added to the Commission Discussion on page 4 to explain the Commission's nondiscussion of the modifica- tions of Staff recommendations requested by the applicant: "There was no reason to discuss matters other than housing densities because the applicant had assert- ed that if the Staff view was adopted on density, applicant would not go forward." In the middle of page 5, adding to the Cross Examination paragraph for clarification: "Because the other veLe.rinarian might be his brother-in-lava, Commissioner Funk stated he would abstain." And in the middle of page 6, to - clarify Commission intent, make provision (A) of the motion by Smith read as follows: "A. Provision that pedistrian and bike paths be constructed and set back from the curb." It was agreed that Provision C was written duplicated Provision A as modified. Thereupon it was moved, seconded and carried that the minutes of April 17 be approved as amended. There were no communications to be heard. The President opened the public hearing by reading the usual notice referr- ing to the ordinance giving authority for the procedure to be followed. 5.1 Zone Change 3-79 Gorge P. and Aase B. Husvar) NPO #6 A request by George P. and Aase B. Husvar for a zone map amendment from Wash. Co. RU-4 to City of Tigard R-7 "Single Family Residential" 1 MINUTES '. TIGARD P ?L", ING COZ-21I'SSION may 1, 1979 - 7:30 P.M.. Page 2 on 0.90 acre and 0.69 acre parcels, located at 14200 S.W. 97th (Wash. Co. Tax Map 251 llBa, Tax Lots 106 and 107) . The staff report was read by Howard. There was no applicant's presentation nor public testimony. Howard read the Staff recommendation. Ir Commission discussion the question was raised as to why these parcels had not been included in the sane hearing with the applicant's other parcel. Staff stated it was due to oversight on their part. Smith inquired about the reason for Recommendation 3 restricting dead end streets and cul-de-sacs. Staff stated it was now the policy of the City Council to encourage connecting streets. Smith felt such a policy should be reflected in an ordinance. Staff stated the Commission's concerns in this respect would be presented to the City Council. Selby called attention to the study session of the Commission with the City Council later this month, at which informal policies of the Coun- cil and the concerns of the Commission could be discussed. Thereupon Bonn moved approval of Zone Charge ZC 3-79 based on Staff find- ings and recommendations. The motion was seconded and passed, with Smith vot- ing no. 5.2 ZC 1.0-79 (Peter Hoffman) A request by Peter Hoffman for a zone map amendment from City R-7 PD to City of Tigard A-2 "Multifamily Residential" on a .35 acre parcel, located at Canterbury and 109th Avenue (Wash. Co. Tax Map 2S1 10AD, Tax Lot 8803) . Selby indicated on the wall map and an aerial photo of the area the loca- tion, prospective streets, terrain and present land uses for this application and that of John Annand, applicant on Agenda Item 5.3. Howard then read the Staff report. The applicant's presentation was made by Joe Van Lom, architect for this applicant (and also Mr. Annand) . He related the need for multiple-family hous- ing and this site's excellent qualifications therefor. He stated the primary purpose of the request for zone change is to bring the zone into conformance with the comprehensive design plan. Public testimony was confined to that of Forrest G. Hall, 14911 S.W. 106th ; who objected to additional multiple-family housing in the area because of the traffic problem generated on 109th. Howard read the Staff recommendations. In rebuttal Mr. Van Lom questioned the requirement for half-street improve- ments prior to the issuance of building permits, since this would presuppose substantial improvements_before financing was arranged. Selby explained the reasoning and the policy for the requirement, with the assurance that all MINUTES TIGA D PLA-ti`iING COZIMISSIONt May 1, 1979 --7:30 P.M. Page 3 E aoprovals can be secured in advance of any investment in street improvements. Commission discussion: Questions concerned standard practice with respect to bonds and the extension of 109th. In responding to these, Staff mentioned that a section of 109th passes through territory under jurisdiction of the County, but that this is expected to come into the City in the foreseeable future. Smith moved for approval of Zone Change ZC 10-79 based on Staff findings j and recommendations. The motion was seconded and passed unanimously. 5.3 ZC 9-79 (Jack Annand) NPO #6 A request by Jack Annand for a zone map amendment from City R:7 PD to .City of Tigard A-2 "Multifamily Residential" on a 1.04 acre parcel, located at SW 109th Avenue (Nash. Co. Tax Map 2S1 LOAD, Tax Lot 8800) . The Staff report was read by Howard. In the applicant's presentation Joe Van Lom detailed the history of land ownersiip in the area, and the intention for eventual extension of the road across the parcel as shown. He ac.no-wledged his participation in the property as the owner of an option on part of it. He referred to the offer of Mr. Annand to dedicate a street to the City--an offer which has not yet been accepted. Public testimony was given by Forrest Hall, who reiterated his objections on the ground of inadequate streets in the area. Selby then called attention to an old cemetary in the area. Howard read the Staff recommendation. In rebuttal 11r. Van Lom reported on the estimated traffic to be generated by the two projects. He also pointed out that moving the street as suggested by Staff would deprive him access to his parcel, located at the north end of the site. Commission discussion covered located of extension of 109th and possibility for streets on the slope to the west and south, and the location of the cemetary. Speaker inquired whether it would be practical to have the Staff ar.d the appli- cant work out the exact location of the road. Howard so affirmed, with the applicant having the right to appeal back to the Commission. Wood commented on the approach the Staff could take on the location of the street across the proper- ty roperty since, although it is or may be owned by two parties, at present it is legally-.'- one parcel. Speaker wtoved approval of ZC 9-79 based on Staff report and Staff recor-nen- dations, with the amendment of Staff Recommendation 4 to the following: "That the Staff is directed to work with the applicant to find a mutually agreeable location for the road across the property to serve the area not yet developed:" The motion was seconded and carried, with one no vote. 5 � MINUTES TIGARD PLANNING CO 2A11SSION f May 1, 1979 - 7;30 P.M. (� Page 4 i 5.4 CU 9-79 (Green Valley Development) NPO 42 A reuest by Green Valley Development for a conditional use per q - mit to operate the Follo�.wing: Paper product manufacture, heating eou,ipment manufacture and weaving of cotton, wool, flax, and other , fibrous products, in a r1-4 "Industrial Park" zone on a 2.34 acre parcel at 9540 S.W. Tigard Street (Wash- Co. Tax Map Lot 1000)- Mr. Helmer asked to be excused from the Commission for this item, and } his request was granted by the President. i The Staff report was read by Howard. ntation Jim Schlauch of Bullier and Bullier garesent the ato thoseo vwhrese negotiated• He commented on the difficulty the ordinances p se properties such as this. leases for multiple-u ; f y. Howard read the Staff recommendation. There was no public testimon provisionjected to the t of street In rebuttal, Craig Helmeaccomplished in acco dancewith CuCu28-79some months dedication, since this was ac com p r' ago. At that aboutnanmonthsago theoremontranceaapproachesoto theobuildingfwere3completed was signed, and re and landscaping prepared for.inorder torsecurefelt that to conditional uses1washinappropriate. improvements at this time in sprinkler inkler described the em.buSelbygexplained,fihecstate ofstheesent recordsnofttheaC County roads Sprinkler Y again requesting the 10-foot dedication. A Dif- ference the reason for apparently ag q ference in philosophy of the City Councils over the past several months accounts for the present recommendation for half-street improvements. Charles Schulz, Route 4, Box 394-C, Sherwood, objected to the requirement for half- street improvements at this time, stating ofyhad just completingcsucheaed the st street atviou ones requirements. He favored the YID app time, rather than the piecemeal approach of half-street improvements as parcels develop. He felt noise standards should be established by which to judge noise made by tenants. Selby responded that noise insulation called liedcasefor in Recommen- dation 3 would be required only if needed in a particular Commission discussion: Funk questioned the weaving operation and the potential for lint dispersal from such an operation. Mr. Schlauch explained no tenant presently under consideration is in this business (or for Some, Of oval the other uses applied for) , but that this was included among uses applied for so that if such a tenant could be secuc6ssiond it 1for this use, ' necessary to get separate permission from the Planning _ Howard explained thfor including what appear to ofseachyspace) . Live conditions (i-e. noise insulation,e reasons Fire Marshall approval Smith supported the Council withdesire theor hrequirementlarth1sPtiments einn.inti of piecemeal fashion, but disagreedotr. the earlier requirement of a nonremonstrance agreement and the recently the site construction on that basis. Wood joined in this view and offe•pd 4 MINUTES TIGAP.D PLR 21ING C=%IISSIOiN May 1, 1979 - 7:30 P.M. Page 5 suggestIons for changes in the recommendations to accommodate points dis- cussed. Selby stated it was intended that the inspections by the Building Department and the Fire Marshall shall be ongoing activities. r Smith moved approval of Conditional Use CU 9-79 based on Staff findings and recommendations, with Recommendation 1 amended to delete the requirement for half-street improvements (a period after "Tigard Street") , and with the insertion of the words "if needed" after the word "installed" in Recommenda- tion 3. The motion was seconded and passed unanimously. At this time Commissioner Helmer resumed his seat on the Commission. 5.5 TU 3-79 (Russell Thomas) A request by Russell Thomas for an extension of a temporary use permit for six (6) months to place a mobile home next to his existing residence at, 9845 S.W. O'Mara Street (Wash. Co. Tax Map 2S1 2CD, Tax Lot 2803) . A temporary use permit was pre- viously granted for 60 days from 3/19/79 - 5/17/79. Howard read the Staff report. The applicant's presentation was made by Russell Thomas, who described his family's living arrangements while remodel- ing their house. He estimated it would take 311 to 4 months to complete the remodeling. f , There was no public testimony. Howard stated Staff recommends approval. There were no questions or comments by the Commissioners. Approval of Tempor- ary Use TU 3-79 was therefore moved, seconded and unanimously carried. The. President then declared a short recess at 9:12 p.m. r 5.6 ADOPTION OF THE HOUSING IMPLEMENTATION PLAN f A request by the City of Tigard for final adoption of the Hous- ing Implementation Plan to the Commprehensive Plan. 4 E At 9:20 the Commission commenced consideration of the housing implementa- tion plan to be recommended by the Commission to the City Council. The Pre- sident stated location of mobile homes was not a topic of discussion at this time. Selby then pointed out on the map the areas discussed in his .memos to the Planning Commission dated April 27, which included his comments on the ac- tion of the NPOS still operating. The President then opened the meeting to comments from the audience. Dale Role, a builder from Milwaukie, gave ail exposition of the economics F of home building, especially the impact of the land cost on les; expensive houses. He offered to show plans developed for a parcel in Tigard to illus- trate the points he was trying to make. Howard advised against reviewing the plan at this time to eliminate any possibility of prejudging a matter which may come before the Conunission later. The President agreed. j MINUTES TIGARD PL.AWING COXMISSION May 1, 1979 - 7:30 P.M. Page S 1 Commission discussion: Kolleas questioned whether smaller lots would } in fact result in lower-cost houses. Howard stated there is no control on the price of houses built on smaller lots. Funk questioned the feasibility of having smaller lots come in under a Planned Development regulation. Howard felt this was a reasonable possibility. Selby pointed out the PD process adds F to the cost:, whereupon Howard suggested a one-step hearing process to reduce the in-built delay factor. Speaker inquired what the objection to smaller lots really is. Staff stated the objections voiced to them are (1) from long-time - residents who object to urbanization in general; (2) fear of lessening of sur- rounding land values; (3) it is new to the residents in the area. Si:u th objected to the picking of only specific areas for small lots on the basis that (1) such parcels would experience higher land costs in the same way as land sold for multiple housing, thereby reducing or eliminating the effect intended; (2) there is no assurance the smaller lots would prompt builders to put smaller houses on them: a house which might be built on a 7500-foot lot is i still eminently liveable on a 5,000-foot lot. Therefore he suggested rezoning all R-7 areas to R-5, recognizing there would be public opposition to this pro- i i cedure. He pointed out that to restrict development of small lots on the basis of price was impractical because of the current rate of inflation; that much better would be to restrict the square footage in the house. An alternative to the politically undesirable rezoning of all R-7 to R-5 would be that any 12-7 may be rezoned R-5 by going through the PO process. In response Howard agreed the t Staff's selected-parcel approach was indead a token approach that is politically unacceptable. The staff's approach is a strict following of LCDC standards, which is recognized as not in all respects workable in this community. There .followed a ;wide-ranging discussion of the possible economic consequ- ences and political practicality of the various alternatives. Staff urged a ' decision of some sort be made because of the ICDC deadline, even if what is adopt- r ed is recognized as subject to refinement after further consideration in the future. Finally Speaker moved for recommendation by the Planning Commission of the , housing plan with amendments as submitted by Staff for adoption by the City I ` Council. Mrs. Kolleas seconded. The President called for a roll call vote ` because of the extended discussion, resulting in approval five to three, with 4 Commissioners Helmer, Funk and Smith voting no. The President then proceeded to OTHER BUSINESS --consideration of the draft of Chapter 18.57, the Sensitive Lands ordinance. He opened with an.explanation of the handout which represented further consideration by Joe Bailey (City At- torney) t torney) and himself on the density issue. He then asked for comments by Staff- Howard commented that it is difficult for Staff, in its working with the ` public, to get clear understanding of anything written much above the 7th grade C level; hence the acknowledged repretitive nature of the original staff document. - c: f A1T�1U I"ES TIGARD PLANNING COtZlISSION May 1, 1979 - 7:30 P.M. Page 7 He felt it was necessary to have reference to specific maps for floodplain and other purposes, and felt that the removal of wetlands from the ordinance removed necessary guidelines for Staff. He offered to combine the Commis- sion's work with Staff concerns .into one document to be given to the City Council at its May 7 study session on this ordinance. He assured that changes of wording or additions would be nonsubstantive--that the concerns and intent of the Commission as expressed in the revisions to date would be preserved, with additions Staff felt is necessary in order to have an ordinance with which they can work satisfactorily with the public. Discussion was Nide-ranging. It was pointed out that the wetlands were taken out by the subcommittee because it was felt this is an engineering pro- blem and should be handled as such between the applicant and the City Engineer; and that the reference to specific maps could be detrimental if good evidence in contrdiction to inclusion or noninclusion of parcels in the floodplain were presented. It was generally agreed wetlands should be treated in a separate. ordinance. Timing and possible review of a document to be submitted to the Council's Study Session was discussed at length. Finally, Smith MOVED the Commission adopt the draft ordinance as modified to date as its recommendation to the City Council; that Staff add their J.odifi. cations and identify them as such; and that a member of the Commission sub- committee be present at the City Council Study Session on May 7. The, motion was seconded by Kolleas, and after further discussion, passed unanimously. As a final item under Other Business, Selby explained the situation with respect to Conditional use CU 7--79, a veterinary medical facility of Alva. Roberts, DVM, on S.W. Scholls Ferry Road. The 60-day Temporary Use for opera- tion of the facility granted by the City Administrator expired April 29; the required zone change by the property owner was not requested coincidentally with the conditional, use, but is scheduled for May 15 hearing before the Com- mission. Public notice is not required for an extension by the Commission of a Temporary Use pernat. Therefore it is the reconLmendation of the Staff that the Commission approve a six-months extension of the 60-day temporary use for this veterinary medical facility. Thereupon adoption of the Staff recommenda- tion was moved. seconded and carried. The President declared the meeting adjourned at 11:03 p.m. . ,: .. .. ,_ ......:.. . .. .. .. _.. ... .._ _.. ..:;_........ _ .-...,..,nom s--sem..