Ordinance No. 79-49 i
CITY OF TIGARD, OREGON
i
ORDINANCE NO. 79-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY ROBERT RANDALL
COMPANY FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE
ZONE DISTRICT FOR A TRACT OF LAND AT 15280 S.W. 100th AND DEPICTED ON WASHINGTON
COUNTY TAX MAP 2S1 11CA, TAX LOT 900, FROM WASHINGTON COUNTY "RU 4" to CITY OF TIG-
ARD "R-7" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A", "B", & "C" GRANTING
THE APPLICATION AND FIXING AN EFFECTIVE DATE.
E
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lards 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 June 5, 1979, and all interested persons were there and then afforded an oppor-
tunity to be heard, and thereafter the Planning Commission filed its report and
recommended approval with the City Recorder, a copy therefore hereto attached and
by reference made a part hereof, the Council adopts the following substantive find-
ings:
ind-
ings:
x
A. That the applicant is in conformance with the Urban Low Density '
Residential designation of NPO #6 Plan, and
a;
B. That the proposed zoning is compatible with the surrounding neighborhood.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of Tigard
Municipal Code, the applicant's request for an amendment of the Tigard
Zoning Map of 1970 to zone those lands described in the attached Exhibit "A" for
Single Family Residential (R-7) use is hereby approved subject to the provisions
of Chapter 18.20 (Single Family Residential Zones) of the Tigard Municipal Code as
embod' ad in or exhibited by the documents submitted and identified as follows:
ExiYibit "A": - Legal Description
Exhibit "B". - Staff Report
Exhibit "C" - Site Plan
And further subject to the following condition:
1. That sewer and water are available to the site prior to issuance of
building permits.
2. That ten feet of right-of-way along S.W. Sattler be dedicated to the
county along the frontage of the site with Washington County approval
to improve S.W. Sattler to collector street standards prior to issuance $
of building permits.
ORDINANCE NO. 79-
ZC 12-79
s.
µV
3. That twenty five feet of right-of-way along the- southwest side of the
property on S.W. 100th be dedicatedtn -the county (the area is approxi-
mately 80 feet in length, see attached Tax Map) . Half street improve-
ments are to be made along 100th from the intersection with S.W.
Sattler south to the intersection of S.W. Kable Street. Full street
improvements are to be made along S.W. 100th from S.W. Kable Street
intersection south to the end of the subject site property line.
4. That construction and drainage plans be submitted and approved by the
City Engineering and Building Departments prior to issuance of build-
ing permits with any required bonds or other agreements.
5. 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
i other 1 requested by the department. No
specifica�i�iis aTiuvtiiis:.i details
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition 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 �j,a, i d2,yf� vote of all Council members present this
day of Z" n C, 1979, after being read two times by
number and title only.
n
Recorder - City of Ti d
APPROVED: By the Mayor this 7�5' _ day of Vu nP _ -- 1979,
�,
ligy-or - City of-Tigard
PAGE 2
ORDINANCE No. 79- #9
ZC.12-79
Transamerica
Tri nsain° erica Title Insurance Company
Title Instiran ervices Box 547
_�. 12655 S.W.Center'Slr�
Beaverton,Oregon 97005
(503)644-1194
March 19, 1979
r Transamerica, Title Insurance Co.
-I Otder^.,.. 26-10045
519 S.W. 3rd PRELIAIINARI' REPORT FOR
Lake Oswego, Oregon 97034
Attn: Anita Deere Standard Coverage policy <147 ,000.00
L #43-266.2-5 �
Standard Loan Policy $ 73, 500-00
Premium:
Owners $ 464.00
Mortgagees $ 25.00
Gentlemen:
We are prepared to issue title insurance in the form and amount shown above insuring
the title to the land hereinafter described:
Lot 9, ALDERBROOK FARM, .in the County of Washington and State of
Oregon; EXCEPTING THEREFROM the North 208.05 feet of the East
146.85 feet thereof
as of March 13 . 19 79 at 8:06 A. M•> vest in
:.i
RENATE JUTTA RIBACK, also known as RENATE RIBACK
subject to the usual printed stipulations and exceptions appearing in such form policy and also the
following:
1. The rights of the public in and to that portion of the above
property lying within the limits of Southwest Sattler Road.
2. Regulations, including levies, liens, assessments, rights of
way and easements of• the Unified Sewerage Agency. (An inquiry has
been directed to the District concerning the status of such liens
and report will follow if such liens are found.)
3 . An easement created by instrument, including the terms and
provisions thereof,
Dated April 26, 1974
Recorded April 26, 1974 Book: 972 Page: 557
In Favor Of Tigard Water District, a municipal corporation
For Underground pipeline
Over The most Southwesterly portion of subject property,
25 feet in width
This Report is preliminary to the issuance of a policy of title insurance and shall become null and void
unless a policy is issued, and the full premium therefore paid.
KQ
v�
.lY Page 2
,l
Order No. 26-10645
4. Taxes for the year 1976-77 delinquent in the amount of $875.14,
plus interest.
Taxes for the year 1977•-78 delinquent in the amount of $1,220.94,
plus interest.
Taxes for the year 1978-79 payable in the amount of $1,218.96,
plus interest. Code 172, Account No. 2S1 11CA, Tax Lot 900,
New 503609.
5. . The property described herein is subject to a Washington County
transfer tax of $1.00 per thousand based on the consideration given,
payable on transfer of property.
rn L... . c X_,1 ---
P7V1L' : We ii.iu iio juagments or United States internal Revenue Liens
against The Robert Randall Co. , Inc. , an Oregon corporation.
TRANSAMERICA SLE INSURANCE COMPANY
V
Bruce M. Howlett
Title Officer
.d
JP/cf
lec Builder Services
Attn. Craig
lcc Richard Thomas
1400 S.W. Montgomery
Portland, OR 97201
c/o TA Lake Oswego
1cc Robert Randall
Attn: Dave Amato
c/o TA Lake. Oswego
1cc S. J. Pounder Realty Co.
Attn Margaririte
c/o TA Lake Oswego
3cc extra
STAFF REPOP.T
AGENDA 5.1
TIGAIRD PLANNING COMMISSION
.Tune 5, 1979 - 7:30 PM=
Fowler Junior High - Lecture Room
10865 S. T. walnut Street - Tigard, Oregon
Docket: Zone Change ZC 12-79 (Ref: S 5-79 "Golf Side Dark") z,.+
z
Applicant: Robert Randall Company Owner: Renate Riaack z
Attn: Dave Amato 15280 S.W. 100th
4351 S.W. Cullen Blvd Tigard, Oregon 97223
Portland, ore 97221
Application Date: April 23, 1979
Site Location: 15280 S.W. 100th (Wash. Co. Tax Map 2Sl 11CA, Tax Lot 900)
Request: For a zone map amendment from Wash. Co. RU-4 to City of Tigard R-7
"Single Family Residential" on a 3.89 acreparcel.
I. Findings of Fact:
1. The site is designated "Urban Low Density" on the NPO #6 Plan which
permits four dwelling wmits per gross acres.
' 2. The applicant and owner are requesting the zone change to Comply
with the comprehensive plan.
3. Applicable NPO #6 Policies for residential development are as follows:
"Density" Policy #2 (page 3)
"Streets" - Policy #3 (page 3) collector and local street standards
(page 10)
"Other Services" - Policy #4 (page 3)
"Site Character" - Policy #6 (page 4)
4. The site has one single family unit on the west side of the lot.
The site slopes in a northwest direction.
5. The surrounding land uses to' the north, west and east are designated
"Urban Low Density" with existing S-Ingle Family Housing. To the
south is the Summerfield Golf Course, to the southeast is a church.
6. The nearest available sewer line to the site lies south along.S.W..
100th which was installed by the Tualatin Development Corporation
serve the Summerfield Planned Development. Use of their line outsi.-
o-Z the project is conditioned on permit approval by TDC until the
City and Unified Sewerage Agency accept the facility.
water service will be available from the Tigard mater District.
^;F
STAFF REPORT -'LL
AGENDA 5.1 .t:(
TIGARD PLANNING COMMISSION L
sjne 5, 1979 - 7:30
Page 27.
Traffic movement to and from the site will be served by S.W. 100th
Ave.., S.N. Kable Street and S.W. Sattler. L
S.W. Kable Street will be continued on eases through the site ha i
City local street improvements. S.W. 100th Avenue and S.W. Sattler
are county streets. They are presently in substandard condition hav-
urbs or gutters, S.W. Sattler
ing inadequate paving width and no cs;
is designated as a collector street and the others are local. streets.
I1. conclusicnary Findings:
1. Thebe exists a need to zone parcels that are within the City limits
to the City of Tigard Comprehensive Plan designation.
2. Ten feet of dedication along S.W. Sattler on the north end of the
property and twenty five feet of dedication along the southwest side
of the site on S.W. 100th is necessary with half street improvements. :tit
III. Staff Recommendations:
Staff recommends approval se to the following conditions:
-i
1. That sewer and water are available to the site prior to issuance `
of building permits•
of-way along S.W. Sattler be dedicated to the
2. That ten feet of right-
county along the frontage of the site with Washington county approval ;x
to improve S.W. Sattler to collector street standards prior to issuance }yE
of building permits. 1{
3. That twenty five feet of right-of-way along-the southwest side of the.
property on S�W� 100th be dedicated to the county (the area is approxi.-
mately 80 feet in length, see attached Tax y�'a� p). Half street improve-
ments are to be made along 100th from the intersection with S.W-
sattler south to the intersection of S.W.: table Street. Full street s `;
iUprovements are to be made along S.W. 100th from S.W. Kahle Street }
intersection south to the end of the subject site property line,
4. That construction and drainage plans be submitted and approved by t1ieY, -
rtments prior to issuance of buzld
City Engineering and Building Depa
ing permits with any required bonds or other agreements.
S. No changes will be made to approved plans or specifications unless..M"
formal application is made to the appropriate department and changes yr
are approved by that department. Application for changes will be ti qc
F
• ' lip
STAFF REPORT
AGENDA 5.1
TIGARD PLANNING C0101ISSION
June 5, 1979 - 7:30 P.M.
Page 2
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the , r
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
Prepared and approved by: Ken Sel
,t
K
•.�d Jrt��N I_2 y
,
r
A
GOLF SIDE
Pre-Plat & Zone Change
1 . Nature of the proposal and the reason for requesting the particular
action:
The subject property has been recently annexed to the city of
Tigard. The previous zoning for ',ashington County was RL'-b.
the equivalent of this City of Tigard R-7 request .
2. How the proposed use is in conformance with Ti9ardIa adopted
Coss)rehensive Plan:
The R-7 zoning request is in compliance with the density specified
by Tigard$s Com-)rehensive Plan. !'
I
3- Community need and/or public benefit derived from the proposed
action:
The subject site is in an area within the u--ban growth boundry,
It is abutted on two sides by improved streets . It has utilities
available at the site with capacity to serve the proposed lots.
It in to the public benefit to develop those available Areas
t within growth areas with utilities present .
There is a public need for more housing as eviAenced by lepressed
vacancy factors in both single family and multifamily units and
91Eo as evidenced by the accelerating market ani rentol values
a > of housing in the Portland metropolitan area.
�. Any changes in environmental, economic or social conditions anl/
or changes in availability or public wervices, or access, and/or
any other aspect of community development directly affecting the
subject site that would justify the rrguested action!
Increasing the available housing stock within the City of Tigard.
5. Why the prrposPd location for your proposed land use is more
suitable than other location in the City zoned to allow the
proposed use:
The subject site is in an area within the urban growth bounlry.
It is abutted on two siAes by improved streets. It has utilities
available with capacity to serve the proposed lots and is
surrounded by deve_opment of similsr nature to the proposal.
i
6. The impact or effect the proposed developments use, or activity
will hgvc on ndjacent sitest occupants or activities and on the
imvediAte neighborhood:
The impact will be minimal. The immediate neighborhooi is 80%
developed with similar type projects. The pro?oGeA development
should further compliment and already desireable location.
t
7. The types of public services necessitated by the proposed
development and the impact that the project may h=ive on
existing public services.
There will be no public services neeessitiated by the proposed
development. The impact Of 14 new home sites and the subsequent
i
construction of homes and occupancy over the next 18-24 months
. rill have a minimum impact on the public services that are
currently available at the site.
i
r
i
1
i
I
G
I
t
f
y
�- SEE MAP
2S I I I BD
N
ti
V O
25 20 LeE
TERT). CR No 857
C.R. No. 857 (a�WIDE) 2'*,,,,
S.W.S W
-•��2a`[ N
146.95 133.3 505 CMAIVSSa
Rz2- SO R-20
800 700 400 z°
)00 E3 Ac M 44Ar !.?3 Ac. cr
389AC. M n R u 3
wfn
maw Ld
M Q m FFA
• A� N N N1 4
' _� ) • .
� 133 3
LLI
600
;4 Ac.
AAP 1 95 1733 M R Z
I
IICB 0 o
3 500 N 2
E'd , -364c r R J S'
PIN
u
N v es°s30 a"E zoo ,
,,
N 89 58 w 10 3313 n+/l a. 370
� r+
9
Q f
1100
o�• 2.3i AC
r., p
0380(.KABLE S4' ;
SREET )ox
390
6
50
93 - 78
� qr�
).
" N 400 ,
r
a; r. .,.;; INITi
s r _ (333.30) 5.05 HA NS U�,, ; P ) •
1010 CHAINS (665.601 `vimi
1000
('c0 '' � 1 470 4c d1 ^•_
ne-
2
7
p
MINU`TS
TIGARD PLANNING COM61ISSION ----
June 5, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
President Tepedino OPENED the meting at 7:30 P.M.
ROLL CALL:
Presenti Bonn, fIerron, Kolleas, Smith, Speaker, Tepedino, Wood
Absent: Funk, Helmer
Staff: Howard, Selby
MINUTES of the My 15th meeting were considered and corxected as follows:
Page 3, the-last full paragraph, the duplication of the words "they are o med,
as Mr. Vail inferred, by developers; at the present time', is deleted. On
page 9, first line, the name is ".,Krause" instead of "Drause". On page 7, fifth
line should read in part: "that the applicant is properly Tualatin Development
^.;n-Vary,.." Upon motion made and seconded, the minutes as corrected were approv-
ed unanimously.
Staff reported that COMMUNICATIONS will be considered later in the meeting.
The President asked if there has been any response to the request of the City
Attorney in connection with whether other public agencies are subject to Tigard's
greenway ordinances. Howard reported there has been none to 'date. The President
suggested this be followed up in writing with a request for a response by a cer-
tain date.
r
The President OPENED 'the public hearing by reading the usual notice referr-
ing to the ordinance giving authority for the procedure to be followed.
p/5,1 ZONE CHANGE ZC 12-79 (The Robert Randall Company) NPO #6
A request by the Robert Randall Company for a zone map amendment from
Wash. Co. RU-4 to City of Tigard R-7 "Single Family Residential" on a
3.89 acre parcel, located at 15280 S.W. 100th (Wash. Co. flax Map 2S1
11CA Tax Lot 900)
Howard read the STAFF REPORT and RECOMMENDATION. Dave Amato of Robert
Randall Company, the applicant, made the APPLICANT'S PRESENTATION. He stated
the application, sketches and related material covered the essential points.
He asked a couple of questions relating to his future subdivision request, re-
sponded to by Staff.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Speaker raised questions about the apparent
discrepancy between the Findings of Fact No. 6 and Recommended Condition No. 1.
Selby explained the sewer presently is owned by Tualatin Development Company and
eventually will be taken over by USA. Should development occur before this happens,
the applicant would have to arrange with. TDC for the sewer hookup. Speaker also
MINUTES
TIGARD PLANNING COMMISSION -—
June 5, 1979 - 7:30 P.M. -, -- - --- —
Page 2
inquired when Sattler .Street might be improved (as development occurs--there are
no plans for total improvement) ; where the city limits are (this property is 'in,
property across the street is still County) ; and whether 100th Avenue will con-
nect with the adjoining Summerfield street system (it will) .
Wood thereupon MOVErl approval of Zone Change ZC 12 .79 based on Staff Find-
ings
indings and rnecommendations. . The motion was seconded by Kolleas and passed unanim-
ously.
5.2 ?ANE' CHANGE ZC 4-78 (Harley Adams) NPO #2
A request by City of Tigard for review of the Harley Adams zone change
Planned Development for a M-4 9Industrial Park" (approved on April 13,
1978) to determine its present status, The subject property is located
at the intersection of S.W. Katherine and Tigard Streets (:dash. Co. Tax
Map 2S1 2BB, Tar. Tot 100) .
Howard read the STAFF REPORT and RECOMMENDATION and asked that the standard
"no changes" provision be added as a Recommendation.
There was no APPLICANT'S PRESENTATION nor PUBLIC TESTIMONY.
{
COMMISSION DISCUSSION: President Tepedino stated there was nothing in the
application which he felt justified a recommendation to the City Council that the
Planned Development designation for this property be continued. Therefore he
moved for denial, which failed for lack of a second. Smith inquired what contact
Staff had had with the applicant recently. Selby stated the applicant had corue
in prior to the expiration of April 13, 1978 action, and stated he had not been
able to secure financing. He thereupon filed a letter requesting an extension of
the PD designation for another year. Selby explained an on-site review did not
indicate any adverse impact on the neighborhood if this PD designation were con- t
tinued for another year. f
:flood MOVED for approval of continua,;ion of zone Change ZC 4--78 for one year
from the expiration date, basedon Staff Findings and Recommendations (including
i
the standard "no changes" provision). He explained in view of the Staff's repre-
sentations :Lt is unlikely the Commission would rule differently on a new applica-
tion for the same project should this application be denied and a hearing held
on a new application. The motion was seconded by Bonn. In discussion Smith r
favored a six-month extension. Tepedino reaffirmed opposition to any extension
on the basis of fairness to all other similar.applicants. Wood asserted there.is
no evidence conditions affecting the original application have changed to make the . x
Commission's action of April, 1978, inappropriate at this time. After some fur-
ther discussion the motion passed, with Tepedino voting no.
X
5.3b ZONE CHANGE ZC 20-79 (Craig H. Cowles-Lionel A.W.Domreis) NPO #1
A request by Craig H. Cowles and Lionel A.W. Domreis for a zone map amend-
ment
mendanent from Wash. Co. R-4 to City of Tigard R-7 "Single Family Residential" on
MINUTES
TIGMW PLANNING COMMISSION -
June 5, 1979 - 7;30 P.M.
Page 3
a 1.51 acre parcel located on S.W. Ash Street near S.W. Cresmer (Wash.
Co. Tax Map 2S1CD, Tax Lots 2900 & 2901)
Howard read the STAFF FINDINGS and RECOMMENDATIONS, APPLICANT'S PRESENTA-
TION was made by Craig Cowles, 13505 S.W. Village Grenn D.ri.ve, Tigard, who simply
requested Commission approval of the request. '
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Speaker raised the question of avail--
ability of rower in the lightt of Condition No. 3 and the assertion in Findings of
Fact No. 6 that sewer service is available off S.W. Ash Street. Selby explained
that because of delays sometimes amounting to several months in sewer hookups,
Recommendation 3 was included to insure that adequate sewer capacity was indeed
available when the property was actually developed. Smith inejuired as to the
ultimate configuration of the site development. Selby replied a subdivision
application on the basis of a cul-de-sac is pending.
Kolleas MOVED approval of Zone Change ZC 20-79 based on Staff Findings and
Recommendations. Herron seconded, and the motion passed unanimously.
5.4 ZONE CHANGE ZC 21-79 (Cambridge International Corp.) NPO #6
A request by Cambridge International Corp. for a zone map amendment and
preliminary plan and program. from R-7 "Single Family Residential" zone
to A-2 "Multifamily" (Condominium style) planned development on a 3.75
acre parcel at 11900 S.W. 98th Avenue (Wash. Co. Tax Map 1S1 35CD, Tax
Lots 2200, 2300)
Howard read the STAFF FINDINGS and RECOMMENDATIONS, asking the addition of
Condition 6 the standard "no changes" provision.
'!'he APPLICANT'S PRESENTATION was made by Dale Rohl of Cambridge Interna-
tional Corp. of Milwaukie. He outlined the zoning, the individually-owned,
homeowner-association-maintained character of the development; the nature of
the neighborhood for which this would provide effective buffering; the accom-
panying improvement to the adjoining streets. He then displayed a preliminary
architectural rendering of the proposed development.
PUBLIC TESTIMONY in opposition was presented by the following:
Mabel Desdimoni questioned the lot reference, the future plans for Com-
mercial .Street, and the nature of buffers, all responded to by Selby.
Mr. Doles, a resident of 98th Avenue, voiced concern about the traffic to
itC genesa•tedd on �c�ua, he lei a_ity wf the lot. size (w,41ichs is in accordance with
the Code for the area), and the meaning of "condominium-style" (responded to
later). Howard explained that roads in this community are put in by developers,
b
1
�3
11aNUTES
TIGARU PLANNING COMMISSION_ -
June 5, 1979 - 7:30 P.M.
page 4
and therefore until surrounding property is developed, 98th would provide the
access to this development.
Less Riggins asked why the street cannot be improved prior to development,
explained again. by Howard, who enlarged on the funding sources for.Tigard streets
and problems connected therewith. In response to a question, Staff explained
plans for the extension of Commercial Street as the property is developed.
The President asked Mr. Rohl to explain the phrase "condomi.niuin;.style". The
phrase, he thought, might be a misnomer. In discussion with and among -the
Commissioners it was brought out that what is contemplated is 40 townhouses in
buildings containing from three to seven or eight units each, with common areas
owned and maintained by a townhouse association. in the sense that each house-
holder will own a lot only slightly larger than the ground on which his common-
wall unit is situated, it would be more accurate to call them simply townhouses,
Mr. Rohl in REBUTTAL then responded to the various points voiced in opposi-
tion public testimony.
John Havery of Tigard inquired in general whether the developer of a plann-
ed Development approved for a density less than permitted by zoning could later
develop to the maximum density allowed by the zone. After some discussion the
answer was that he could do so only after another hearing before the Planning
Commission. It was observed by Commissioner Smith this would most likely be a
very unprofitable move for the developer.
COMMISSION DISCUSSION: Smith raised the question of the distinction between
what is approved in the preliminary plan and program review, and the subsequent
general development plan and program. Selby stated the preliminary plan review
is concerned with (a) concept, and (b) density. ;he general plan is very specific
and includes such items as landscaping, drainage plans, building heights and
locations, exterior finish--all within the concept and density approved in the
preliminary plan.
Speaker objected to the mathematics as skated in the .Findings of Fact No.4,
and raised the question of what open space was contemplated to be dedicated which
would justify all or part of the 20 percent density increase permitted for
dedication of open space, Wood felt the intent of the ordinance in awarding of
up to a 20 percent density increase for dedication of open space did not apply here.
Smith MOVED for approval of Gone Change 2C 21-79 P17. based on Staff Findings
and Recommendations, with the portion of rinrliinas of Fact b*o. 4 beainninq with the
words "Additional .20% may be permitted...."deleted, and with the inclusion as
Recommended Condition 6 the standard "no changes" provision. Kolleas%seconded,
and the motion carried unanimously.
At 9:05 p.m. the President declared a five-minute recess.
. l �
MINUTES ----
TIGARD PLANNING COMMISSION
June 5, 1979 - 7:30 P.M. -
Page 5 t
r
x
.5 Conditional Use CU 10-79 NPA #5
A request by Paul J. Farrell for a Conditional Use Permit for a keylock
service station in a M-3 "Light Industrial Zone"' on .15 acre parcel at "' 4
16650 S.W. 72nd Avenue (Wash. Co. Tax Map 2S1 13A, Tax Lot 100).
• i
Howard read the STAFF REPORT and RECOMMENDATIONS.
In the APPLICANT'S PRESENTATION, Paul carrell of Salem simply requested
approval of the conditional use permit.
Under PUBLIC TESTIMONY, Paul :Viilita, representing Pacific Realty Trust,
owner of the property, explained only one of the 62 tenants in the industrial
park had their own fuel supply; that many of the tenants were interested in the
keylock fuel pump concept, which works well in other industrial parks.
John Havery of NPO #5 had questions about whether self-service fuel stations
are legal, and expressed the concern of NPO #5 over the safety of a self-service
gas station in the surroundings of the industrial complex. Stood questioned .
whether NPO #5 had taken a formhl stand on this matter. Mr. Havery stated no
meeting had been held, but that concern over the safety aspects of a self-service
station was expressed in conversations with NPO #5 members.
COMMISSION DISCUSSION AND ACTION; Questions by Commissioner Kolleas
developed these facts on the facility; that the approval of the Fire Protection
District people had been secured before application was made to the City; that
there are four-hour fire walls protecting nearby buildings, and fire protection
equipment on site and sumps for spillage; there will be a 12,000 gallon steel
underground tank for diesel fuel; that included will be the new vapor recovery
system for the hose-to-truck connection.
Snaith asked if the facility would be used also by eugvloyees. It was point-
ed out that regular and unleasded gasoline, and diesel fuel would be available
to whoever had one of the 90 keys.
Stood MOVED for approval of Conditional. Use CU 10-79 based on Staff Findings
and RecoAumndation. The motion was seconded by Bonn and carried unanimously.
5.6 14ISCELLANEOUS 146-79
A request by Columbia. Hardwood and Moulding for a special Use Permit to
fill in the floodplain in a M-3 "bight Industrial Zone" located at
12700 S.S9. Hall Blvd. on the southeast portion of Tax Lot 600, Tax Map
2S1 1.
Howard read the STAFF REPORT and the STAFF REC011DIENDATIONS. Wood asked if
the conditions attached to tiie recommendation for approval did not effectively
amount to a denial. Howard agreed, and outlined alternatives available to the
t
MINU'rSS
TIGARD PLANNING COMMISSION
June 5, 1979 - 7;30 P.M.
Page 6
Commission, stating the Commission's desires could be accomplished at this hear-
ing.
eaping.
The APPLICANT'S PRESENTATION was made by Bud Smith of Harry Russell Associatesr
who stated he had picked up the Staff Report on Monday (yesterday) , and that they
had not had ::ince to do proper homework. He therefore asked the opportunity to ap-
pear before the Commission at a .later date when they would be prepared. The Pre-- .
sident ascertained from Staff that the schedule would permit another appearance on
July 17.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: There followed a wide-ranging discussion
of various aspects of the request. Smith received confirmation that the present
fill is illegal, and stated he felt there was wholly inadequate information sub-
mitted with this application to arrive at an intelligent decision. He specifical-
ly mentioned detailed topographic :naps for the project. Bonn wanted more informa-
tion on topography and water levels. Speaker expressed concern for inoedence •of
the flow because of the present fill, which applicant's engineer has stated would
increase the flood level by one-half a foot; and the holding capacity of the flood
plain at this point. He felt the applicant should show how these concerns will be
addressed, and also what, if any, improvement to the landscaping will be made to
make the site approach compliance with the present City Code.
Tepedino severely criticized tra applicant for filling the floodplain
illegally, even after knowledge of the import of the City ordinances to the con-
trary. He expressed concern for the effect of this fill on riparian landowners;
of the effect of this case as a precedent in future floodplain cases; and' felt
the City should, through the City Attorney, require the applicant to remove all
the fill and only then come in with an engineering study supporting a spe•a al use
permit request before the Commission. He favored a flat denial of the present
request.
Wood asked for a response from the applicant as to what filling was done with
what knowledge of the City ordinances. Mr. Smith stated the area was a fill area
used over the last 20 years, even by the City. When his firm was retained he cal-
led attention to the owner he was in violation of the floodplain ordinance, and
accordingly filling, was halted. Wood felt three periods of fill had occuxr-eid and
might have to be separately dealt with: prior to passage of the City ordinance,
between that time and the time the owner was aware of it; and fill made since that j
time. He felt the applicant should be allowed to come before the Commission on
July 17 with the full burden ofproof to show among other things why he should not.
remove the present fill,. and how he would propose to meet the concerns expressed
in this hearing should the fill remain in order to accommodate his development
plana -
a
-t
• MINUTES
TIGARD PLANNING COMMISSION
June 5, 1979 - 7:30 P.M.
Page 7
Speaker MOVED that Miscellaneous M 6-79 be tabled until July 17, and that
the applicant be put on notice that the burden of proof is on him to show why
the present fill should not be removed to the original contours. Wood seconded
the :notion. •After some further discussion in which Cormai.ssioner Smith asked .
for much more accurate maps of the area and what is proposed, which Mr. Smith
acknowledged on behalf of the applicant, the motion carried, with Tepedino vot-
ing no.
OLD BUSINESS: Howard reviewed past action in connection with the request of
Koll Business Center' at two hearings before the Commission. They will appear
again. He questioned the feeling of the Commission as to whether Koll's next
appearance should be under the old floodplain ordinance, under which their pre-
vious appearances were made, or the revised ordinance recently approved by the
Commission. The consensus was they should appear under the conditions of the
old ordinance.
Howard reported that Ken Bowman has appealed the denial by the Planning
Director of a minor land partition.
NEW BUSINESS: Howard raised the question of the necessity or desirability
of two hearings---for a preliminary development plan and program, followed by a
general development plan and program. He felt one hearing should be sufficient
in view of the nuz;;errus reviews any plan reeceives. Wood felt two hearings are
desirable= Smith stated two hearings can be very useful for a developer, since
the cc, (which may be out of the ordinary} can be reviewed before the expena
sive detailed work is coupleted. If the concept is not accepted the developer
q knows that developing the information necessary for the general development plan
and program is of no avail. Speaker wondered if there could not be some leeway
allowed the Staff: that if the concept is usual and there appear to be no reasons
for rejection,,one hearing could suffice.
Smith felt there should be a clear definition of what is required in the
preliminary hearing, and that it be confined.only to those points. It was
agreed this is something which might well be worked out in a future study ses-
sion.
The. President declared the meeting adjourned at.10:20 P.M.