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Ordinance No. 79-51 fr t CITY OF TIGARD, OREGON ORDINANCE NO. 74- F AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY CRAIG H. COWLES j AND LIONEL A.W. DOMREIS FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT S.W. ASH STREET ACROSS THE STREET FROM S.W. CRESMER AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 2CD TAX LOT 2900 and 2901, FROM WASHINGTON COUNTY 11RU-4" to CITY OF TIGARD 11R--7" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A","B", & "C" GRANTING THE APPLICA- TION AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described have been heretofore and are now classified as Washington County 11RU-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. A. That the applicant is in conformance with the Urban Low Density Residential designation of NPO #1 Plan, and 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 embodied in or exhibited by the documents submitted and identified as follows: Exhibit "A Legal Description Exhibit "B": - Staff Report Exhibit "C": - Site Plan And further subject to the following conditions: 1. That five feet of dedication be granted along S.W. Ash Avenue with half street improvements to local street standards as approved by Washington County prior to issuance of building permits. 2. That site construction and drainage plans be approved by the City Engineer and Building Departments prior to issuance of building per- ORDINANCE NO. 79- ,S`1 ZC 20-79 ■ i mits with any bonds or other agreements as required. 3. That the applicants present proof of sewer service availability to the building department prior to issuance of building permits. 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 department. No 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 hfdn.o u S vote of all Council members present this i- day of k�u.n� 1979, after being read two times by number and title only. Recorder - City of Tig APPROVED: By the Mayor this QLJw day of , 1979. i zz- — 'Myor - City of Tigard PAGE + ORDINANCE No. 79- ZC 20--79 EXHIBIT "A'•' Y. DISCRIPTION A tract of hand in Section 29 Township 2 South, Range 1 Nest. NSllnwtte Meridian, Nashingtoarn County, Oregonq said tract of land being a porion of Lot 29, FMING OACWM TRACTS, and being were particularly described as follows Segieusing at the northeast corner of lot 29 of said FMWXNG ORCUID TRACTS, said point being the most Southerly southeast corner of SEREA SMIVISION and on the centerline of Southwest Ash Av emei chance South 76' 19' 61" Nest along the conterlins of said Southwest Ash Avenue a distance of 231.0 Peet to the northeast corner of that i tract of land conveyed to 3li14red G. Warner in Recorder's Fee No. i 75 3166, Washington county Recons', said point being also the northwest corner of said Lot 29; thence Southeasterly along the northeasterly line of the said Warner Tract snnd along the worth— easterly lane of that tract conveyed to mart Be lllis described In nook 520 on Rage 208, Washington County Records, a distance of 305.3 feet, move or lm-a, to the host westerly corner of that tract of land conveyed to Andrew J. Splak and Marg A. Spial> described to Recorder°a yeas Boo 78 11560 Nasraington County Records; thence North fol' 36' 29" last along the northwesterly line of the said Spink Tract and along the northwesterly line of that tract of land conveyed to Harlin L. Clayton described In Rook 068 an page 721, Washington County Lecords, a distance of 870.66 feat, more or less, to the cost northerly corner of the said Clayton Tract, said point being also the most easterly corner of that tract of land conveyed to Craig K, Cowles and Sleanor Cov3es described in Rook 1156 on Page 963, VasUngton County ftcords; thence Northwesterly along the northeasterly line of the said males Tract and along the north— easterly lire of said Lot 299 a distance of 26590 feet to the point of beginning.. t E 1+ ' EXHIBIT "B" STAFF REPORT AGENDA 5.3b TIGARD PLANNING COM!N1ISSION June 5, 1979 - 7:30 P.M. Fowler Junior High - Lecture Room 10865 S.W. Walnut Street - Tigard, Oreg Docket: Zone Change ZC 20-79 (Ref: S 4-79) Applicants: Mr. Craig Cowler Owners: Same Dir. Lionel Domreis Application Date: May 21, 1979 Site Location; ZC 20-79 is fronting S.W. Ash Street across the street from S.W. Cresmer. (Wash. Co. Tax Map 2S1�ft, Tax Lot 2900 and 2901) Requests: For a zone map amendment from Wash. Co. RU-4 to City of Tigard R-7 "Single Family Residential". I. Findings of Fact: 1. The site is designated "Urban Low Density" on the NPO #1 Plan which allows four dwelling units per gross acre. 2. The owners are requesting zone change in order to comply with the Comprehensive Plan. 3. Applicable NPO #1 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. Tax lots 2900 and 2901 are vacant with a gentle slope moving from the east to the west. 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. Sewer service is available to the site off S.W. Ash. Nater service is available from the Tigard Water District. 7. Transportation service will be provided off S.W. Ash Street which abutts the western frontage of the site. Ash Street is presently , county jurisdiction having inadequate paving width with no curbs or gutters along the east side. This portion of S.W. Ash Street is designated as a local street on the NPO #1 Plan. a aR' 'i>t�•' ^'.� 7 t 170 ` �� Y • ':7 _i.�.r' t^aw"+,.,i �` �.• � O NVQ Z7 � 300 IP � t •d \ r 1900 ,(} . {�''�'-''-" .39Ac a �'�• ] ,.\ SEE MAP' p: 2S 1 2CC ' ' • .�, -�••c.•.' q v •"-�,.,' N a a 27:0 � `=,.::•-.�7�"Sr,,Q: .:_ CP EXHIBIT "C" • o `,.. ; 2707 '. dmlyll6 NJILP . .. '\ °' 2-713 goAd. 71, 2716 2711 . .S3 Ac .. e OAC,j11 3p x .2901 2900 74Ac � ♦< /� '��e a: ! , .77Ae •'+.ar 2719 300127,02 eO4r A. ' �...,...:..-.� j Gs.�►� � ^r'''as' `" ' � .5$ac - o-2- 7 r j 45 { r C•_ r3 per. 2800 m �SIs Bood a •I P K M J 2905 30 _ f y-.*+•ta 2 o •.5i•'r9�.Z9 .aBa:c. Nx, Y 280 3 47.74 •�, ♦o '4 0 x .0740. sv ..39,4c. C.S3t3r87 n �a:' r ✓ a, S. N. ! 115) Sni°32 W ♦a y oa• s 'g Ica aro 9a •b •w♦ .,f -•' ! ..e 2802 s?� ! .`J. y/ •`' = 3005 X000 N, `�° .!E`+e m� ���. A J4 A Tigard Planning Staff: re: Cowles Court. ' D. 1. Only a standard change from County to CitY Zoning. nand is E' in the city. 2. Everything around it is residential. This is merely a change from County to City Zoning. 3. The sewer and water is in front. Everything around it is residential. I built houses on either side of this property 3.3 nearsv. Only reason it wasn't built on is it by an older man who wanted the land to not be used. 4. No changes in environmental, etc. All services are available in front of the property. The owner of the property died and his estate sold it to Domreis. 5® No locations in City have any other benefits than this property. 6. A 37 home subdivision is across the street. so 6 more houes will merely complete all the development of this area. It will make it a complete neighborhood, and add to the overall value of the neighborhood. 7. The six additional homes to be built on this site are a drop in the bucket, and this merely rounds out the neighborhood, instead of, leaving an overgrown blank area. Dere lopes~s. Craig Cowles and Lionel Domreis. (see application form for details) t MINUTES TIGARD PLANNING COMMISSION June 5, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room s 10865'S.W. Walnut Street - Tigard, Oregon i President Tepedino OPENBD the meeting at 7.30 P.M. • I ' I ROLL CALL: Pre sent c Bonn, ire rron, Kol le as, Smi.th, Speaker, Tepe dino, Wood . Absent: Funk, Helmer Staff: Howard, Selby 14INUTES of. the May 15th meeting were considered and corrected as follows: Page 3, the last full paragraph, the duplication of the words "they are owned, as Mr. Vail inferred, by developers; at the present time', is deleted. on page a, first line, the name is "Krause" instead of "DrauseD1. On ,page 7, fifth line should read in part: "that the applicant is properly Tualatin Development Company..." 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. froward 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. 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 ZC 12-79 (The Robert Randall Company) NPO #6 A request by the Robert Randall Company for a zone man amendment from Wash. Co. RU-4 to City of Tigard R-7 "Single Family Residential" on a 3.89 acre parcel, located at 15230 S.W. 100th (:Dash. Co. Tax 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 USP.. 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 MOVETI approval of Zone Change ZC 12-79 based on Staff Find- ings and r1ocommendations> The motion was seconded by Kolleas and passed unanim- ously. 5.2 ZONE- 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 "Industrial 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 (Wash. Co. Tax Map 2S1 2BB, Tax Lot 100). Howard read the STAFF REPORT and REC0Mt4FNDATION 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 come j in prior to the expiration of April 13, 1978 action, and stated he had not been I able to secure financing. He thereupon filed a letter requesting an extension of the PA 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- tinued for another year. Noodi MOVED for approval of continuation of zone Change ZC 4-78 for one year from the expiration dates, basedon Staff Findings and Recommendations (including the standard "no changes" provision). He explained in view of the Staff's repre- sentations it 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 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 . . Commission's action of April, 1978, inappropriate at this time. After some fur- ther discussion the motion passed, with Tepedino voting no. 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 from Wash. Co. R--4 to City of Tigard R-7 "Single Family Residential" on MINUTES TIGARD 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 P.ECOMMPNDATIONS. APPLICANT'S PRESENTA- TION was made by Craig Cowles, 13505 S.W. Village Grenn Drive, Tigard, who simply E requested Commission approval of the request, ' There was no PUBLIC TESTIMONY. • E COMMISSION DISCUSSION AND ACTION: Speaker raised the question of avail-- ability of mower in the light 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 inquired as to the ultimate configuration of the site development. Selby replied a subdivision k application on the basis of a cul-de-sac is pending. i { Kolleas MOVED approval of Zone Change ZC 20-79 based on Staff Findings and kecommendations. Herron seconded, and the motion passed unwUmously. 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. T. 98th Avenue (Wash. Co. Tax Map ISl 35CD, Tax Lots 2200, 2300) Howard read the STAFF FINDINGS and .RECOMM-NDATIONS, asking the addition of Condition 6 the standard "no changes" provision. The APPLICANT'S PRESENTATION was made b, Dale Rohl of Cambridge Interna- tional Corp. of Milwaukle. 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 be generated on 98th, the legality of the lot size (which is in accordance. with' ' the Code for the area) , and the waning of "condominium-style" (responded to later). Howard,explained that roads in this community are put in by developers, ICENUTES TIGARD 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, . Tigard . „.f explained again by Howard, who enlarged on the funding sources for streets t and problems connected therewith. In response to a question, Staff explained plans for the extension of Commercial Street as the property is developed. f The President asked Mr. Rohl to explain the phrase i1condom1niuin;-sty1d". the phrase, he thought, might be a misnomer. In discussion with and among the i Commissioners it was brought out that what is conteraplated 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. s 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 ma-zlmum density allowed by the zone. After some discussion the 1 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. The 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 stated in' the Findings of Fact N0.4, and raised the question of wilat 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. brood 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 Zone Change ZC 21-79 PD based on Staff Findings and Recommendations, with the portion of Findings of Fact No. 4 beginning with the words "Additional .20 may be permitted...."deleted, and with the inclusion as Reco.:umended Condition 6 the standard "no changes" provision. Rolleas seconded, fl aA.vrvied »nanimously. - and 4h12Ge 1lRJ b•i-V•• At 9:05 p.m.. the President declared a five-minute recess. MINUTES TIGARD PLANNING COMMISSION E June 5, 1979 - 7:30 P.M. E; Page 5 5.5 Conditional Use CU 10-79 NPO #5 A request by Paul J. Farrell for a Conditional Use Permit for a keylock : t service station in a M-3 "Light Industrial Zone" on .15 acre parcel at 16650 S.W. 72nd Avenue (Wash. Co. Tax Map 2S1 13A, Tax Lot 100) . Howard read the STAFF REPORT and RECOMMENDATIONS. It In the APPLICANT'S PRESENTATION, Paul Farrell of Salem simply requested I approval of the conditional use permit, j Under PUBLIC TESTIMONY, Paul :aiilita, representing Pacific Realty Trust, owner of the property, e:Vlained 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. Wood questioned whether NPO #5 had taken a formal 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 Y-.olleas 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 ( ; equipuent 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 systems for the hose-to-truck connection. Smith asked if the facility would be used also by employees. It was point- ed out that regular and unleasded gasoline, and diesel fuel would be available to whoever had one of the 90 keys. - Wood MOVED for approval of Conditional Use CU 10-79 based on Staff Findings and Recommendation. The motion was seconded by Bona and carried unanizrously. 5_6 MISCELLANEOUS M6-79 A request by Columbia Hardwood and Moulding for a special Use Permit to fill in the floodplain in a M-3 "Light industrial Zone" located at 12700 S. T. Hall Blvd. on the southeast portion of Tax Lot 600, Tax Map :. 2S1 1. ?; Howard read the STAFF REPORT and the STAFF RECO"4MEjDATIONS. Wood asked if the conditions attached to the recommendation for approval did not effectively ,amount to a denial. Howard agreed, and outlined alternatives available to the MINUTES TIGARD PLANNING COF"M3SSION a June 5, 1979 - 700 P.M. Page 6 Commission, stating the Commission's desires could be accomplished at this hear- ing. 7Ct►e APPLICANT'S PRESENTATION was made by and Smith oesterda }f Harry usand that they who stated he had picked up the Staff Report on Monday k o . r. had not had time 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 per�u t another appearance on } July 17. There was no PUBLIC TESTIMONY. COMMIS DISCUSSION AND ACTION: There followed a wide-pranging discussion of various aspects of the request. Smith received confirmation that the present fill is illegal, and stated he felt there was wholly inadequate informat n sub- mitted with this application to arrive at an intelligent decision. He s ifical ly mentioned detailed topographic maps for the project. Bonn wanted more inform- tion on topography and water levels. Speaker expressed concern for imoedence 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 tcapacity concernthwillobe should plain at this point. He felt the applicant to the landscaping will be made to addressed, and also what, if any, improvemen make the site approach compliance with the present C3.ty Code. z Tepedi.no severely cri+.icized the applicant for filling the floodplain of the import of the city ordinances to the con- illegally, even after knowledge 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 special use He favoreda flat denial of the present permit request before the Commission. $ 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. 07en his firm was retained he cal- led attention to the owner he was in violation of the floodplain ordinance., and accordingly filling was halted. Ilood felt three periods of fill had occur 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 time. He felt the applicant should be allowed to cone before the Commission on. : July 17 with the full burden of proof to show among other things why he should not remove the present fill,. and how he would pr opose tovmeen�techisedevelo meat expressedrns is hearing should the fill remain in orae ..o p in th g plans.