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Ordinance No. 79-88 CITY OF TIGARD, OREGON ORDINANCE NO. 79- 8 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MADELINE T. COCHRAN FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 10695 S.W. N. DAKOTA, AND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 34DA, TAX LOT 1600, FROM CITY OF TIGARD "R-7" TO CITY OF TIGARD "R-5" SINGLE FAMILY RESIDENTIAL (5,000 SQUARE: FOOT RESIDENTIAL) AND ADOPTING EXHIBITS "A", "B", & "C" GRANTING THE APPLICATION 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 City of Tigard "R-7" 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 August 7, 1979, and all interested persons were there and then afforded an opportunity 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 findings: A. That the applicant is in conformance with the Urban Low Density Residential designation of NPO #7 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 (5,000 square foot residential) - (R-5) 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 the applicant dedicate ten feet of right-of-way along S.W. North Dakota Street with half-street improvements to collector -+-reef- standards prior to issuance of building permits or after performance bond for improvements have been approved. 2. That construction and drainage plans be approved by the Engineering and Building Departments prior to issuance of permits. - 3. No Occupancy Permits shall be issued until all conditions have been satisfied and approved by the Planning Director and final inspections have been `made by the Building Official. 4. No Minor Land Partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the Minor Land Partition is approved. 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 specifications and other details requested by the department. No con5tructi0ii 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 (jn n�rt,o„ vote of all Council members present this Q2g day of S Pipi�ev �n , 1979, after being read two times by number and title only. Recorder - City of Tig APPROVED: By ,the Mayor this y day of 1979. Mayor City of T igard Page 2 ORDINANCE NO, 79- 2-;28-79 °` Attachments J t ORDER NO, 47-7674 EMM Al "A" DESCRIPTION A parcel of land in the NE h of the SE of Section 34, Township 1 South, Range 1 West, Willamette Meridian, Washingtcan County, Oregon, described as follows: Beginning at the SW corner of the Clifford 0. Gunderson tract as described in dead recorded in Book 383, Page 742, said point of beginning also being on the North line of the John L. Hicklin DLc and in the centerline of SW North Dakota Avenue North 89045' West 602®5 feet and South 0°33' West 528.9 feet from the PTE corner of the SE of Section 34; thence North 0033' East, along the West line of the said Gunderson tract, 150,0 feet; thence South 89° East to the said North line of the Hicklin DLC, 134.3 feet to a point on the asst line of that certain tract of land conveyed to Cheaters L. Robinson, et a1, by need recor3ed in Book 471, Page 385; thence South 0033' West,. along the West line of said Robinson tract, 150.0 feet to the Sal corner thereof, said SW corner also being on the Nort.M line of the said Hicklin DLC:. thence North 890 West, 134.3 feet to the point: of beginning, TOGETHER WXM a non-exclusive easement for .rights of ingress and egress from the above described parcel, over and across .. feet of the above said Robinson tract the Southerly 150.® A C STAFF REPORT AGENDA 5.4 TIGARD PLANNING COrLMISSION August 7, 1979 7:30 P.M. Fowler Junior High - Lecture Room 10865 S.W. Walnut - Tigard, Oregon t g r rXDCKE.T: Zone Change ZC, 28-79 - APPLICANT; Mr. and Mrs. William Cockran OWNER: same 9650 S.W. 47th Ave Portland, Oregon 97219 APPLICATION DATE: July 2, 1979 E A SITE LOCATION; 10695 S.W. North Dakota (Wash. Co. Tax Map 1S1 34DA, Tax Lot 1600) S REQUEST: For a zone map amendment from City of Tigard R-7 "Single Family Residen- tial" to City of Tigard R-5 (5,000 square foot residential) on a .40 acre'parcel. I. FINDINGS OF FACT: 1. The site is designated "Urban Low Density" on the NPO #7 Plan permitting t' six single family dwelling units per gross acre. . 2. Applicable NPO #7 Plan policies for residential development are as follows: Public service impro-cements - Policies 2 and 3 (page 3) 3. The applicants are requesting the rezoning of the .40 acre site in accordance with Section 18.20.030 of the Tigard Municipal Code and in compliance with the City of Tigard Housing Implementation policy adopted on May 21, 1979. 4. There is.a single family unit on the southern portion of the site front- ing S.W. North Dakota Street. The site is generally flat with.a slight declining grade to the north. The entire surrounding land uses are single family units. The properties to the south, east and west are in the county. The subdivision adjacent to the north is in the City. 5. The site at the corner of S.W. 106th (a City street) and S.W. North Dakota which is a county road: S.W. 106th fronting the eastern, pgrtion of the site is fully improved to City standards. S.W. North Dakota is designated as a collector street on the NPO #7 Plan. It presently in substandard condition having inadequate paving and right-of-;:ay width with no curbs or sidewalks. 6. Sewer service is available to the site from the line off S.W. 106th. Water service is also available. i r STkU'F REPORT , } B AGENDA 5.4 TIGARD PLANNING COMMISSION August 7, 1979 ZC 28-79 f Page 2 f II. CONCLUSIONARY FINDINGS; 1. The request is in conformance to the Housing Implementation Policy: 2. Sewer and water are available to the site. 3. Street improvement along S.W. North Dakota are required, 4 III. STAFF RECOMMENDATIONS: Staff recommends approval of the R-5 zone change subject to the following conditions: 1. That the applicant dedicate ten feet of dedication along S.W.. North Dakota Street with half-street improvements to collector street standards prior to issuance of building permits or after performance bond for improve- ments have been approved. 2. That construction and drainage plans be approved by the Engineering and Building Departments prior to issuance of permits. r 3. No Occupancy Permits shall be issued until all conditions have been satis- fied and approved by the Planning Director and final inspections have been made by the Building Official. 4. No, Minor Land Partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the Minor Land Partition is approved. 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 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. Report,prepared by KenS y Report reviewed by:' Al 3 Howard Assoc. -ie� City Plannerirector r �y �/ -- ►to4s E y o ^I 60 NH9°45' 900 02.45 {000 �. ^ 1't!IAL 1ss.2 1700 i --- W :t� 200 i 1 IBOO r._ _ ]00 .96AC. :96AC. N, Z.00AC. l yZ.9t,"• 134.3 z �1•��� a 1100 W Boo s I •i _ `=a 1 ` 1200 700 �� I i} �L, R 9 ` 1300 4 L, C _ V00 a t! 10 ' � N 140® .5 -�. to �� w N I ® 500 1500 b i 6 , . e 1 o_ t 400 j 12 1600 f �Lt6�CC f 300 I 13a.28 1 559016'E 60 J64.9 5090 62.43 I /b�(OTA �3 65.2 �y t'01 1 C.R. N0. 45F2�' UNE 1.325CH NORTH 87 sr 40.60 2_65CH so�► 3000 3100 3 $x34 2800 2900 2400 2500 2.600 2700 .96AC. .92AC. :00 2300 t26Ac. 96ac. 'A C. .96AC. .37AC 37AC. !.lBAC. 66RC. N M N m, P Ntv T N ewe 8 N z i u u u n67 67 P� i24.9 N P ai �n a � 1.00A r, 7p di co N Kt 2.65 CH. ►.325CH: 174.63 3.97CH. 2.650 `11?.34 ►74.68 "" � ' R Y 3,1979. Tigard Planning Commission Tigard, Oregon Following is the written narrative requested for zone change D. 1. The property is prematly zoned R7. We are asking for R5 (residential). 2. This property has been approved by the Tigard Planning Connnission_for the above change. 3. According to the Commission ,"new single-family homes in Tigard are priced out of the income range of the average city household. To help remedy the ,_ situation and provide more affordable housing, the commission approved a policy which called for 20 to 40 percent of new developable land to be zoned for 5,000 square foot lots. Current city minimum size is 7,500 square feet." This was taken fom an article published in the Oregon Journal. 4. The only change in environmental, economic or social conditions would be a great improvement to the area . Two new horses on this corner would be in in line with new homes on the street and provide a much more attractive,Area, 5. The proposed location for our proposed land use is as suitable , we feel, as any location in the city. 6. The impact or effect the proposed developiemt would have on adjacent sites, occupants or activities and on the immediate neighborhood is, that it would be to the advantage of all being an attractive addition of tiro new homes An& in place of a neglecte4 vacant corner lot... 7. _All_pubUc services are now available,to this proposed site (fire_protection,.._.._.__. police protection, water and sewer service, schools, parks,streets, roads, public _transportation and/or..utilitiesz ) K E : t FOOM No.$10 "ANDY PA® Stav�ns-Nass Low Pu6Gshim Ca PorNa"d.0. qqn 9nO4 MINUTES <.. TIGARD PLANNING COMMIS( -)N August 7, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room ( 10865 S.W. Walnut Street - Tigard, Oregon President Tepedino OPENED the meeting at 7:35 P.M. He asked, in view of the apparent number of persons wishing to speak, for brevity and non- repetitiveness in public testimony. ROLL CALL: Present: Bonn, Funk, Helmer, Herron, Smith, Speaker, Tepedino, Wood (who arrived at 7:55 P.M.) Absent: Kolleas Staff: Selby, Howard The MINUTES of the July 17 meeting were considered. Speaker asked for correction of page 7, pointing out that Recommendation 7 as written was correctly handled in Recommendation 5, and therefore should be deleted; and that Recommendation 8 should therefore be ren;.mibered 7. With this correction it was moved, seconded ,and carried that these minutes as submitted and corrected be approved. The President opened the PUBLIC HEARING by reading a statement indicating the authority for the meeting and the procedure to be followed. 5.1 ZONE CHANGE ZC 26-78 (Mackenzie/Saito & Associates) NPO 42 A request by Mackenzie/Saito & Associates for a zone map amendment with General Plan and Program Review from Wash. Co. MA-1 "Limited Manufacturing/Production" District to City of Tigard M-4 "Industrial Park zone on a 44.46 acre site, south of Scholls Ferry Road (Wash. Co. Tax Map lSl 34AA, Tax Lots 100,200,300, and 400 and Tax Map 1S1 358, Tax Lot 1700) . Selby read the STAFF REPORT and STAFF RECOMMENDATIONS, correcting Recommendation 2 to call for " . . . . installation and maintenance to collector street standards . . . ." (rather than 'local); and correcting Recommendation 9 to read " . . . .apply for and receive approval of a subdivision plat (rather than if). He then read letters as follows: from Fire District No. 1, dated July 24, indicating approval of the plan as submitted; from the District Engineer of the Oregon Department of Transportation detailing progress to date in planning for S.W. Scholls Ferry Road at this point, which is complicated by the impending development of the Southern Pacific Company's industrial park across the road from the Koll development; and a letter received August 3 from Donald R. Jarman, a resident of the neighboring Inglewood subdivision, commending Koll's relations with the neighborhood and stating his approval of the project as planned. The APPLICANT'S PRESENTATION was rade by Eric Saito, Architect of Mackenzie/ Saito & tissOCI-atcti., r:'pn,—. -2i..`,i. y t(Au nUSizless Celli=er. Fl ltvtz doc:ed several others from Koll Company and their consultants who would be available to answer questions. He presented clarification of six items: 1. In the last line of page 1 of the staff report, the word "cause" should be "allow" so as to read, "This action would allow the developer to construct the project in phases." 2. The applicant is agreeable to working out a mutually satisfactory arrangement for dedication and maintenance of greenway and streets, r but pointed out Koll could grant only the rights it had under a MINUTES TIGARD PLANNING COMMISS. _J August 7, 1979 - 7:30 P.M. Page 2 long-term lease from the owners of the land. 3. He called attention to pp. 40-41 of the narrative submitted where the request for additional conditional use for repair was defined and explained. 4. He felt It important that all l`.he ZiV11u11.1V1141 uoco be .^.......+ Koll for tenants without a time limitation in order to avoid the necessity for appearing repeatedly before the Planning Commission for approval of these uses as suitable tenants can be found. 5. The project is divided into five distinct parcels of land with metes and bounds descriptions: (1) open space; (2) access roads; (3) and (4) Parcel A as described in the narrative, being the first phase; (5) Parcel B, being the second phase of the project. 6. He called attention to the obvious errors in the DEQ Indirect Source Construction Permit, reproduced on page 59, which indicates the source site as Tigard, Washington, and the County as Multnomah. Mr. Saito reiterated that the Washington County Fire District has approved the circulation patterns, that Koll is working with the ODOT on the Scholls Ferry Road intersection, and that letters from the three property owners along Scholls Ferry--Southern Pacific, Koll, and the Robinsons--expressing agreement as to the alignment of the intersection with Scholls Ferry Road, will shortly be forthcoming. There was no PUBLIC TESTIMONY. Smith asked if the public street would be dedicated. Saito replied the streets would be dedicated--such an agreement had been reached with the lessor. However, nothing similar has been arranged with respect to the greenway. Bonn asked about the increased building coverage in this plan as compared to the earlier proposal. Saito stated there is a substantial reduction in the length of the road, and that space was saved in the realignment of the inter- section with Scholls Ferry and by making a building two stories instead of one. Floor elevations as indicated were questioned by Funk in relation to the floodplain. It was pointed out there is about a three-foot difference in elevation.of. Fanno Creek as it passes by the project. Jerry Palmer, an engineer, acknowledged the indicated floor elevationeas in error: it was the intention to have the floor elevation two to three feet above the floodplain (well above the 111 feet specified in the ordinance) , and this would be corrected. Speaker inquired the effect of a changed city ordinance, for instance, in conne-t.i,on with Koll.'s guarantee of a tenant's ability to continue operation (pp 18-19 of the narrative) . Bill Cox, attorney for Koll, responded that subsequent tenants would of course have to abide by the current ordinance. It was unclear, in discussion on the Commission, what the effect on tenants operating under provisions of a superseded ordinance might be. The President then closed the public hearing on this item. MLTNUTES TIGARD PLANNING COMMIS SON ` August 7, 1979 - 7.30 P.M. Page 3 COMMISSION DISCUSSION AND ACTION: Since no further questions from Commissioners appeared to be forthcoming, Speaker MOVED approval of Zone Change ZC 26-78 PD, based on staff findings and staff recommendations, with the two slight corrections to Recommendations 2 and 9 already noted; and that repairs related to industrial and business equipment be added to the list of appra\i ed conditional uses as found on pp. 40-41 of the narrative. Bonn seconded. Smith asked staff if they were coitifortable with the drive-through parking lots as access to the long cul-de-sac. Selby replied the plans had been revie*abed by both the Fire District and the Public people, and neither raised objections. Smith questioned the permitted site coverage, which staff stated is in accordance with the previous floodplain ordinance which governs this project. He raised the questions of adequacy of parking spaces in relation to the increased building square footage, which Selby stated had r.it been recalculated because the original plan had excess parking spaces. Smith asked that a Recommendation 10 be included as follows: That the number of parking spaces provided shall comply with the current ordinance. Speaker added this provision to the motion, and it was agreed to by Bonn, the second. Smith questioned whether access by large semis, for instance, would be adec•uate. Selby pointed to Recommendation 5 which requires all such site characteristics to be approved in the site design review process. The motion as amended was then carried, with Wood abstaining because of an apparent conflict of interest Wood then took the occasion to compliment the applicant on the quality of his presentation, and especially for the candid and factual treatment of the property tax impact of the development on Tigard and its citizens. Mr. Saito then asked about the time limitation on the permitted conditional uses. After discussion with the staff, it was agreed they were inherent in the approval of the project as submitted and approved by the City Council, and would not lapse at the end of one year if not used in that period. 5.2 SUBDIVISION S 13-77 (Kneeland Estates) NPO #6 A request by Donald E. Pollock Investments for review of preliminary plans for Kneeland Estates on 18.65 acre parcel, located at S.W. 92nd Avenue near Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lots 700,800, and 801) Howard stated the staff ,report submitted with the packets was that prepared for administrative approval in June, 1977. Since substantial construction has not been commenced within one year, the applicant must request permission to proceed with the development at this time. The major obstacle has been sewer service, which is just now becoming practical for this azaa.. Avuilabil.ity "'F _e%-,!-:' service was a condition of the original application (Recommendation 8, which did not permit recording of the final plat until such time as public sewer service is available to the lots) . The only change of substance is the addition of five lots along Durham Road. Donald E. Pollock in the APPLICANT'S PRESENTATION stated simply the development had not been pursued because of unavailability of sewer prior to this time. There was no PUBLIC TESTIMONY: ( MINUTES k_n TIGARD PLANNING COMMIS .Is August 7, 1979 - 7;30 P.M. Page 4 COMMISSION DISCUSSION AND ACTION: Howard reported that a road problem which arose in a recent hearing on a land partition request by Ken Bouman has been resolved in this plan for Kneeland Estates. Spaaker inquired whether dedication of right of way for Durham Road had been required on Lot 500, which I fronts on Durham. Staff stated this was a condition of the subdivison. speaker also asked if there would be access by the subdivision onto Durham Rr+ad. The answer was no. Wood moved for approval of an extension of time on Subdivision S 13=77 based on staff findings that the conditions have not changed materially since the original approval. The motion was seconded by Herron and unanimously carried. 5.3a - 5,3d ZONE CHANGE ZC 15-79, ZC 16-79, ZC 17-79 & ZC 18-79 (City of Tigard) Selby explained that when this came before the Commission previously, eight tax lots were omitted because of only quarterly posting of the information onto the data used by the Staff. The parcels are all annexed to the City, developed to County standards, and are considered fully developed. The STAFF REPORT was not read. t There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: It was determined this is strictly an administrative matter. Smith moved approval of Zone Changes ZC15-79 through ZC 18-79 based on Staff Findings and Pe commendations. The motion was seconded by Bonn and carried unanimously. 5.4 ZONE CHANGE ZC 28-79 (William A. Cochran) NPO #7 A request by Mr. & Mrs. William A. Cochran for a zone map amendment from City of Tigard R-7 "Single Family Residential" to City of Tigard R-5 on a .40 acre parcel, located at 10695 S.W. North Dakota (Wash. Co. Tax Map 1S7 34D, Tax Lot 402) . Howard read the STAFF FINDINGS AND RECOMMENDATIONS. Selby reported a conversation with the developer of the lots on 106th Avenue in whichit was suggested the applicant provide half-street improvements to 106th. Mrs. Cochran, one of the applicants, had nothing in addition to the staff report to offer in the APPLICM'.VS PRESENTATION. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: There was considerable discussion as to whether the applicant should k:e required to provide half-street improve- ments along 106th Avenue. The background of a controversy between developers in the area was related. It was estimated that the cost to the applicant of improving both 106th and S.W. North Dakota would be $18,000. Smith stated as a developer he would be quite agreeable to decalopment costs of $6,000 per lot, feeling it not unreasonable. Staff gave reasons for not requiring the applicants MINUTES TIGARD PLANNING CObIMISSION August 7, 1979 -.7:30 P.M. Page 5 to provide the improvements along 106th. The President complimented Staff for bringing out aspects of development which could be expensive for the applicant without her realization of the fact. The consensus was the applicant should not have to provide half-street improvements to 106th. Thereupon Wood MOVED approval of Zone Change ZC 28-79 based on staff Findings and Recommendations. The motion was seconded by Helmer and carried unaniscusly. At 8:55 P.M. the President declared a five-minute recess. 4 5.5 ZONE CHANGE ZC 27-79 (Fred Meyer, Inc.) NPO #4 A request by Fred Meyer, Inc. , for a zone map amendment from City of Tigard R-7 "Single Family Residential" to City of Tigard C-3 "General Commercial" zone on a 0.93+ acre parcel, located at 7410 S.W. spruce Street (Wash. Co. Tax Map 1S1 36AC, Tax Lots 3500, 3600, & 3700) . The STAFF REPORT AND RECOMMENDATIONS were read by Howard. Norman Krause of architects for Fred Meyer made the APPLICANT'S PRESENTATION. He stated applicant accepts the recommendations and that the street is already in. However, it was pointed out it was built to County standards, which do not require a sidewalk, and that the street would have to be brought up to City standards. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Speaker received confirmation that this action is that mandated in previous hearing on the enlargement of the Garden Center in the Fred Meyer complex. He commented on the disparity of the landscaping in the older Tigard complex as compared to the new Beaverton complex now under construction, but acknowledged- requiring upgrading of the whole complex on the strength of this request for a zone change affecting only three lots was not really justified: It was agreed, however, that the site design review called for in Recommendation 3 would require land- scaping of these three lots in accordance with present ordinances. Speaker MOVED approval of Zone Change ZC 27-79 based on Staff Findings and Recommendations. The motion was seconded by Smith and carried, with Wood abstaining because of possible conflict of interest. 5.6 CONDITIONAL USE CU 14-79 (Trademark Homes, Inc.) NPO #5 A request by TradeiTiafic. Homes, Inc. , for a condition use permit to place a steel tank underground for diesel fuel in a M-^= "Industrial Park" zone on a 2.76 acre parcel, located at 72nd Avenue and Sandburg Streets (Wash, Co. Tax Map 2S1 1DC, Tax Lot 3700) - R ) f MINUTES TIGARD PLANNING COMMISSION August 7, 1979 - 7:30 P.M. Pago 6 Selby stated this item is postponed until September 4 because the applicant's request is being amended to include a zone change, for which public notice must be given. 5.7 VARIANCE V 5-79 (Creekside Park) NPO #3 A rc;:est by Ed Gause for a variance for a sidewalk located next to the curb in a R-10 "Single Family residential-' zone on a 5.20 acre parcel, located at S.W. 119th and Gaarde (Wash. Co. Tax Map 2S1 3CD, Tax Lots 3700,3900 & 4000) . .4 Howard read the STAFF REPORT AND RECOMMENDATIONS. The applicant, Ed Gause, made the APPLICANT'S PRESENTATION. He objected to Recommendation 1 which calls for a 10-foot emergency easement from this development to the Terrace Trails Subdivision cul-de-sac. He stated he would withdraw the request for variance and build according to City Code if this easement remained a condition. The only PUBLIC TESTIMONY was offered by Linda Anderson, 11805 S.W. Gaarde Street. She complained that the information which she was able to acquire spoke only to the variance in the sidewalk, and not at all to the 10- foot emergency easement. She felt if such an easement existed it would be used by others--something to which she was vigorously opposed. She did not care particularly where the sidewalk (the occasion for the variance request) was located. COMMISSION DISCUSSION & ACTION: Wood questioned the circumstances surrounding the two long cul-de-sacs. The physical characteristics of the emergency easement were described by staff. The efforts of the Fire District to get a second access in the area were mentioned. In ensuing discussion Mr. Gause objected strenuously to the last-minute imposition of this condition, Which puts the burden on his development for something that has been thoroughly considered and passed by City Council due to pressure from the people of the neighborhood. Mr. Gause explained the reason for his variance request, pointing out it is principally on the fill portion of the street where this is of much significance. It was apparent the request for variance would be abandoned before the developer would sacrifice approximately 3,000 square feet among four lots in order to provide the desired easement. After further discussion, Smith MOVED approval of Variance V 5-79 based on staff Report, but including only Staff Recommendations 2 and 3, and with the variance limited to the fill area only. The motion was seconded by Bonn. >�ot: c:r r4yse d fii eonvivtian elle co- cern& of ihe. Staff and the Fire Marshall arra very legitimate and are not to be minimized, but the desires of the Terrace Trails resb3ents and the promise made to them by the City Council that there would be no access between the two cul-de-sacs wag overruling. The motion then passed unanimously. 5.8 MISCELLANEOUS A request by Mrs. Ima Scott for a review of the Canterbury Woods Development. Howard introduced this agenda item with the statement there was no formal MINUTES TIGARD PLANNING COMMISSION August 7, 1979 - 7:30 P.M. Page 7 Staff Report. .Mrs. Ima Scott had requested the item be placed on the agenda for consideration by the Commission. Howard readily acknowledged the City rightly owes Mrs. Scott "a debt of gratitude" for her efforts on this project for the response of staff in properly taking "harder looks" at other projects. He recognized the action taken here tonight may not completely satisfy her, but at the very least she can know she has effectively helped others. Howard outlined issues as he saw them based on many long conversations with Mrs. Scott a_�d others in the past. These, he said, may or may not be issued to be brought up tonight. 4 1. Basements and lofts: Mr. Walden, Building Official met with the State Fire Marshall in Salem today. Together they worked out a press release and a letter to Mr. Hoffman, the developer, signed by the State Fire Marshall. The press release stated simply that the fire, life and safety code would be met when the buildings are ready for occupancy. The letter to Mr. Hoffman stipulated four conditions with respect to the lofts, and three with respect to the basements which were to be met before occupancy. 2. Chimney chases : FIoward stated there is nothing in the Code requiring chimneys to be enclosed by chases. However, the original drawings submitted on the project did show chases on the chimneys. Alternatives to chases would be either painted or unpainted metal chimneys. At this point Speaker raised the question whether this should be determined at the level of the Planning Commission or Site Design Review. Howard stated the issues he is bringing tonight are those he perceives as the principal controversies between the developer and the neighbors, and that hopefully the Commission, after hearing both sides, can present a reasonable resolution to the conflicting views. 3. Parking area: The Fire District took equipment to the project and found problems with movement of the equipment as originally planned. They prescribed certain changes which will be made by the developer before occupancy. 4. Landscaping This is a long and involved story, spanning changes in City staff which destroyed continuity. The landscape design originally submitted was not done by a landscape architect. It had problems at the site design review level, but apparently was ,.pproved and filed. The' developer bought a sewer ease- ment from the Calaway Hill Homeowners, and part of the consideration, which was duly noted on the approved landscape plan, was construction by the developer of a 'hot less than 5-foot site-obscuring fence" along the east property line. Some time later when Howard asked Une developer for a copy of the landscape plan, he was given a completely different plan which had been prepared by a registered !an,dsc_aye architect subsequent to the approval of the original_ Howard stated that approximately one-third of the landscaping according to the new plan has been installed by the developer around units he is showing to prospective purchasers.. He offered as alternatives to the Commission, approval of the original plan; approval of the revised plan; or approval of a plan with modifications which he would suggest. He pointed out that a large earthen berm has been installed in the northern and eastern part of the project which affords a degree of privacy, which : is an issue with the adjoining residents. Large trees on this berm would enhance the privacy desired. t KIN0TES TIGARJ PLANNING COMMISSION August 7, 1979 - 7:30 F.M. Page 8 n 5. Vegetation, woods trail: The original plan contemplated a small detention pond for storm runoff. This has been eliminated in favor of underground drainage, because such ponds are a breeding ground for mosquitos. Paths through the woods are eliminated in the interest of maintaining native vegetation intact so far as possible. With this introduction Howard Suyyested the Commission follow the usual format of a public hearing. The equivalent of an APPLICANT'S PRESENTATION was made by Joe Van Lom, architect for the project. He first discussed the landscaping plan originally submitted, which had a number of problems with it. The submitted plan was rejected. It was his understanding a plan was never approved. He quoted a passage from the design approval in. design review which(in effect)deferred final approval until after the buildings were in place, because, it was indicated, "better plan can be designed after the buildings are in place, since it will coincide with vegetation loss due to construction activity." Van Lom stated the owner was required on no less than four occasions to stake out the buildings on the groi.uid to evaluate both the outlook and the impace on the numerous trees in the area. He stated the idea was to formulate the final landscaping plan after it was known what trees would be in the courtyards, etc. The plan designed by the landscape architect was done during construction when the impact of construction on the original setting was known. Van Lom characterized it as a good plan, which was followed on units readied for display to prospective buyers in the development. Van Lom explained about the chimney chases. The original plan showed chases about half way up. However, after viewing early construction in its envrionmentj it was felt the "chimneys looked better without the chases and with the chimneys exposed in that particular environment. Hence the suggestion chases be omitted in areas where lack of them would not be vei%j'noticeable. He,thereupon., showed a number of slides of the project from various points, including a number of aerial shots. Included were views of short lengths of the fence called for, and of the berm and its buffering effect, and of chimneys with and without chases. There was no PUBLIC TESTIMONY in favor of the project. Speaking in opposition were: Richard Geisert, attorney representing Mrs. Elizabeth Anderson, a resident to the west of the project. He protested changes in the original plans submitted for public consideration without adequate justification (presumably subject to input frog: and approval by the public) . He protested the "save-a-tree" philosophv as =justification for elimination of the park in the light of the removal of trees in the half-street dedication which may or may not be further improved ':or some years. Ue opined the bean was of little consequence in the privacy issue when there is a vei.w from Canterbury Woods balconies looking into Calaway Hills living rooms (applause from audience). upon being asked by Commissioner Smith, he stated the developer should be required to build the project in strict conformity with the plans as originally approved, even though that requires disassembly of a variation therefrom. He felt the neighborhood .G, MINUTES {4 TIGARI) PLANNING COiNZIISSION August 7, 1979 - 700 P.M. Page 9 should have been included in the authorization process for any change, Speaker questioned whether the removal of the trees in the half-street dedication was required by the City. The answer given was no. Mark Feichtinger, attorney representing the Calaway Hill Homeowners Association ' through its board of directors, asked the mei-,lbars of the Association in the p audience to stand (pe_haps 20 to 25). He stated the Homeowners Association I. was not in favor of dismantling the project. He called attention to the height disparity of the buildings, which are separated by only 40 or 50 feet. He dwelt on the function of a "good neighbor" fence. He stated his clients concerns were limited to: (1) fir trees to afford privacy, and (2) the fence. These should be 4 installed before certificates of occupancy are issued. Marge Davenport protested removal of trees which permitted a view from the new buildings into her swimming pool and hot tub. She asked for 20-foot fir trees; a fence along the south property line; replanting of trees removed in the half-street dedication of 109th Avenue; and a fence along the west side also. Sandra Stewart, 14923 S.W. 106th, presented a petition bearing 72 signatures demanding a five-foot fence and fir trees as required by the landscaping plan approved February 23, 1978. Forrest Hall, 14911 S.W. 106th, protested the bare chimneys and the view afforded from the balconies into his patio and bedroom. With respect to the landscaping, he was not particularly concerned with the changes in the interior, but he is concerned about changes in the fir trees contemplated in the original plan. CROSS EXAMINATION AND REBUTTAL: Mr. Van Lom stated emphatically the fence would be built along the east side as shown on the plan (which shows it proceeding southward until encountering significant native vegetation) . He called attention to the fact that under the original R-7 zoning, a one-story house could be built to within five feet of the property line, or a two-story house within seven feet. He pointed out there is no shielding on the Calaway P_:meowners' properties, and reiterated the fence would be built in accordance with the private agreement with s the landowners. He asked for resolution by the Commission of the chimney chase issue. He assured fir trees would be planted in the area. Mr. Feichti.nger highly approved the assurance the fence would be installed, asking that it extend along the entire east property line. He asked for tall fir I trees . at a density at least equal to the original plan. He commended a request I` in a letter of July 16 from Mr. Howard to Mr. Hoffman for a six-foot sight- .bobseuring fence, and 1.5 large Douglas fir trees as beings asically compatible ) with our needs". On questioning by Speaker as to the number of trees requested, he referred to the original plan ..rich shows eleven. He agreed to more if the staff felt necessary, but a minimum of eleven. Marge Davenport urged planting cf substantial trees to afford privacy in the southwest corner and along the south line. {h{ f} Y ', MINUTES F TIGARD PLANNING CQMMIS� ,N r August 7, 1979 - 7:30 P.M. Page 10 Mr, Richard Geisert approved Mrs. Davenport's views, asserting the removal of many trees along the southwestern boundary and in the 109th Avenue right of way has caused a surface drainage problem and a privacy problem, and asserted planting of additional trees is called for. COM.^tISSION DISCUSSION XND ACTION: Hoaard reported that Mrs. Anderson has sued the City in connection with this project, and that the case would probably come to trial in November, The Commission discussed with Staff various aspects of the chimney issue, the fence issue, and the tree issue. Howard felt the landscaping plan as submitted by the landscape architect would be satisfactory with the addition of fir trees along the east and north boundaries. Smith, speaking as a developer, stressed the importance of the placing of such trees to assure the maximum screening effect, and suggested the developer, the Staff and the homeowners agree on the specific location to secure the desired effect. Helmer felt that since the original plan called for chases, they should be installed. Speaker advocated specifying a — faxed number of trees, since what might be considered adequate to one person might be quite inadequate to another. Howard felt this was almost mandatory under the circumstances. Thereupon Speaker MOVED the Commission approve: (1) chases on the chimneys, in accordance with the original plan; (2) that a not-less-than five-foot sight- obscuring fence be constructed, and installed along the entire east boundary so as not to destroy significant vegetation; and (3) that eleven 20-foot fir trees be installed on the eastern boundary, plus four on the north boundary. The motion was seconded by Herron. Wood suggested the Commission consider the assertions of the western and southern neighbors as to removal beyond the original plan of trees affording privacy, and questioning whether the developer should be required to replace some or all of them. Discussion on the Commission indicated this was not felt practical. Speaker commented that privacy in a city cannot be the same as in a rural setting, and suggested the opposition to this project was perhaps in part the pains of urbanization of a previously rural environment. Smith suggested the exposed portion of the chimneys be painted. Speaker agreed to add this to his motion, with the consent- of the second. Thereupon the motion as :. amended carried, with Wood abstaining. The President then closed the public hearing portion of the meeting. There was no OLD BUSINESS: Under NEW BUSINESS President Tepedino read a letter of resignation from the Planning Commission from Marc Wood. Tepedino and others expressed appreciation for his service on the Commission. The President expressed a need for a Vice Pre:cident, and sngaested Commissioner Speaker for the spot. This suggestion was favorably received as a nomination, and Speaker was nar;ed Vice President. There was discussion of apparently illegal fill in the floodplain south of Bonita Road, and steps being taken by the City to have it removed. It was determined the next Commission meeting would be August 21, and that the August 14 study session as tentative planned would not be held. . MINUTES TIGARD PLANNING COMMISSION August 7, 1979 - 7:30 P.M. Page 11 Representative of Robert Randall Company appeared seeking guidance of the Commission in developing the street intersection from their (Robert Randall Apartments) development with Bonita Road in the area of S.W. 79th Avenue. Howard rocited past histo—r and illustrated possibilities, the best of which are not precluded by reason of development of apartments in one area, and a grove of large ty--cs xid ruggn 3 topography in others. One problem is that the City has no control over the property on the south side of Bonita, since it is in the .County. After considerable discussion, and input from Mr. Diez of • consultants to the Randall Company, it was the consensus the PlanningCommission would look favorably on the proposal that the intersection of S.W. 79th Avenue be moved to the west to line up with the proposed street from the Randall development on the north side of Bonita, even though the angle of intersection with Bonita is different from 90 degrees. The President then adjourned the meeting at 12:05 A.M.