Loading...
Ordinance No. 79-89 CITY OF TIGARD, OREGON ORDINANCE NO. 79-_n AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY JENSEN KRAUSE & SCHOENLEBER ARCHITECTS & PLANNERS P.C. A.I.A. FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 11565 S.W. PACIFIC HIGHWAY AND 7410 S.W. SPRUCE STREET AND DEPICTED ON w4cuINGTON COUNTY TAX MAP lSl 36AC, TAX LOTS 3500, 3600 AND 3700, FROM CITY OF TIGARD "R-7" TO CITY OF TIGARD "C-3" "GENERAL COMMERCIAL" 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 11R-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 Retail Commercial designation of NPO #4 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 cf 1970 to zone those lands described in the attached Exhibit "A" for General Commercial (G3) use is hereby approved subject to the provisions of Chapter 18.28 (General Commercial) of the Tigard Municipal Code as embodi.ed in or exhibited by the documents submitted and identified as follows: Exhibit "A": - Legal Description Exhibit "B": Staff Report Exhibit "C". - Sita Plan And further subject to the following conditions: 1. That half-street improvements be made along the frontage of S.W. Spruce to local street standard with Washington County I' iappyo al yr.i.oi: to is.quariG2 vi. bu.+....u.".y t..y�..LLu.,. 2. That construction and drainage plans be submitted to Engineering and Building Departments for approval prior to issuance of any permits. 3. That site and landscape plans be approved by sit--: design review x, 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 hosting of a Ston 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: Sy_+ yjl vote of all council members present this ad ' day of c +e-m 1979, after being read two times by number and tital only. Re order - City of T' rd APPROVED: By the Mayor this _9g/�° day of _+ 1979 yor - City of Tigard PAGE 2 a ORDINANCE No 79 y ZC 2.7-79 I Attachment 4 3 .J.,i:nrF A ..l.Y-^— __...�:iie siwr.... +�a.s..-aLa.4r� ...+ rr:•.f<.a.Lrr..y - - .���+-� � t. • PIONEER NATI® .4'�. TITLE INSUR,ANC ATICOR COMPANY 265 S.E.Oak a P.O. Box 359 a Hillsboro,Oregon 97123 • Telephone 640.2681 y .y Clary 8• 19 i 9 rf { A consolidated statement of all charges and fi odvonces in connection with this order will r_ be provided at closing. St. Jams Escxzw OP $ Prem.$ 10000 I Wil Blvd. . io tia3nd M.P.$ Prem. a We are prepared to issue title insurance policy in the usual form insuring the title to the land described on the attached description sheet: Vestee, ---OPAL C. TL1b1G — -- Doted as of Kay 2 i9 79ot 8:00 a.m. PIONEER NAMONAITITLE INSURANCE By STEV721 13HOWN Subject to the usual printed exceptions and stipulations, Title Officer s 1.970--79 tMMS $762.97 paid. (Key No. 0270754) ISI 36AL 03700. 1. The promises herein described are within and Subject to the statutory s, including the power sof assessment of the Unified SeweLrage Agent of Washington County, a mmicipal corporation. (No unpaid assesmnents as of the date hereof) . 2. city lions, if any, affecting said premises City: Tigard Notes an of the date hereof- J, esreof.f. i Report No. PRELIMINARY REPORT ONLY 3 f; -A-98631 (Lon"t) ages, 3aacluding the $,areas and provisi f, given toA Doter, 1 a��-�� ount„s x`31,000.00 z®:.� ®. opal Co Wopti nge, h sad jw.amteri ne Tog State of Oregon, represented and acting by the Director of Vetardws 0 Affairs vateds 3p3:il. 13, 1978 Recorded: April l3, 1978 1►ee moa 78-16716 Records of Washington COunty, OrO gOn- a A Real property Transfer Taal will be Imposed at the sate of $1.00 per $11000.00 or fraction thereof of the selling price basad upon the prOviBiOnB Of Washington County Ordinance 140. 193, effective July 218, 1977. NMES we find no uneatisfied, juig-mants of record against tht Parties herein described as of the date hereof: DUANE COMA, ata Oregon corporation. 4 t I --End ofrt 9ffi�5371 E E } r t g t i i t E f C nftuagon Sheol Repon No. 36—$ g 1 DESCRIPTION SHEET See page 1 for weatinq and encumbrances.L any. 4 Description of the tract of land which is the subject of this report: AU of Uvok lege, a state Of o .y k E a; f r f; Report No. �b ' lJhe sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes w Ability for variations,if any,in dimensions and location ascertained by actual survey. Pioneer National Title Insurance Company A TICOR COMPANY I 14 r so 2 s9 .31600 ! 2700�'wc'' aso.a 1900 1•o.s 1700 d 1800 r .IO0 p r • 190.3 eaIz7.3 93 300.3 2300 11►0.3 2800 8100 2200 0 0 In 1 27.3 t 04.3 2900 $000 tOt 121Q2 _ • 33.10 t►e.ls _ _ k 1 P rl 2400 1 1 4 1 ! 6 Io s4.a sa Its 5 Ifa.:s 93.16 ! a _ 090.3 T t:am.oa4 lao3� SPRUCE T341 G.FI.g29145wast -""` too as 040 so 36600 350b 34013800 s3�00x,1301 .JAVE. 9� eat tao sn.etxI sa 000 Atli Co4 "`4+ iPa9°BOoq 023.34'9 RICHARSIM S NORTH LME &RICHAR9ON OLCSS. em d13 i l SEE ASAP # $3136uB STAFF REPORT AGENDA 5.5 TIGARD PLANNING COM:dISSION August 7, 1979 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut - Tigard, Oregon DOCKET: Zone Change ZC 27-79 (Fred Meyer, Inc.) APPLICANT: Jensen, Krause & Schoenleber OWNER: Mr. Lewis Ketch Architects & Planners P.C.A.I.A Fred Meyer.Engineering Dept. 1962 N. W. Kearney Fred Meyer, Inc. Portland, Oregon 97209 APPLICATION DATE: June 11, 1979 SITE LOCATION: 74.10 S.W. Spruce Street (Wash. Co. Tax Map 1S1 36AC, Tax Lots 3500,3600 and 3700) REQUEST: 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 .93 acre parcel. I. FINDINGS OF FACT: 1. The subject sites are zoned City of Tigard R-7 and are designated "Retail Commercial" on the NPO #4 Plan. 2. Applicable Policies of NPO #4 for "Retail Commercial" zoning are: Policies 20,21,22,23, and 24 3. The topography slope from northeast to southwest at a three (3) percent grade across the three (3) sites. Tax Lot 3700 has a single family unit. Tax Lots 3600 and 3500 are used for parking. The surrounding land uses are single family residential to the west and north. To the south and east is the Fred Meyer Shopping Center. 4. Metzger Sewer Service and Water are presently available to the site. 5. Traffic to the sites will be served by the internal traffic circulation of the Fred Meyer Shopping Center as well as S.W. Spruce Street. S.W. Spruce Street is a county street with no curbs, sidewalks and inadequate paving width. 6. The applicant proposes to incorporate the lots into the shopping center complex for additional parking. II. CONCLUSIONARY FINDINGS: 1. The request is in keeping with the CompreherIS3.ve Plan designation. STAFF REPORT AGENDA 5.5 TIGARD PLANNING COt•ZIISSION August 7, 1979 ZC 27-79 Page 2 2, Sewer and water are available to the sites. 3. S.W. Spruce Street is in need of street improvements. III. STAFF RECOZ•L%IENDATIONS: Staff recommends approval of the zone change request subject to the follow- ing conditions: 1. That half street improvements be made along the frontage of S.W. Spruce to local street standard with Washington County approval prior to issuance of building permits. 2. That construction and drainage plans be submitted to Engineering and Building Departments for approval prior to issuance of any permits. 3. That 'site and landscape plans be approved by site design review prior to issuance of building permits. d. 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. 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. k?aport prepared by: Ken Sel Report reviewed by*. Al oward Associ City Planner Pl n' g Director k _ w ,':F w.v:.:_moi.. ..«... r �•_�'r7 ,�.:.': _1.— I..- .-�: Wit... - 1 _ x ^..s 3•..,z..,7 ��.rs•..:n. wo ,,. -.V. fs a' lvw:.irr.viw..w'..x`•. a.,..::tc.i✓ :Ji l.V �+olii ow/b%i/.f,�`✓rf✓�yi,7,' 1 9d 1 zi 09 03 N O I Q O � N I cli OZI 1'99 MSS M — N i 1'9L 1 I'9L1 a• O `\ "' p o o 1 40o A 09 0 'O 1' Mr;,vw� � s? N CY u1 \. I� Z O M Q In ! p O i0 Q _ 1'U n 1h 50. k' jw B 1C NI N09 N 1'911 O _ t• - I z = m S acn 1.9 L 1 179 L 11r ?; O cnw M x w cn O LL n n w QN — O n O o LO SYS O Ld M Inv M N y� 1 ol � ® EA V ® 1 T �`- N N a I Vp ' U. y in 1 Q y S CO 0 2r co O C\jO0 O co O M }S- z n o 't c i o 't o P aco ` y . H IK MS a � � i1 0 �w JENSEN KRAUSE6 SCHOENLESER ARCH17'EC,S & PLANNERS Pr- AIA June 5, 1979 The Planning Commission City of Tigard Tigard, Oregon 97223 P.e: Proposed Zone Change Fred Meyer, Inc. Tigard _Retail Store Complex The proposed zone change involves three R-7 lots, totaling an area of R approximately 0.93 acres, located in the Northwest corner of the Fred Meyer complex off S.W., Pacific Highway in Tigard.. Tie proposal is to change the zone from single family residential (R-7) to general commercial (C-3.) The adopted comprehensive plan calls for this as commercial use. The public need for this change is based primarly on providing additional parking spaces for this complex. The proposed expansion approved by the Planning Commission on May 15, 1979, will take array some of the badly needed parking for the building expansion as will additional new. land- scaping. Although minimum parking per code is provided for, the heavy public demand for the use of this complex requires additional parking. Those using this facility on a regular basis, or those familiar with this complex can attest to this need. Easy access and ample parking is a must for the public in order to encourage a high level of *competitive shopping for daily basic consumer needs and to conserve energy by avoiding the necessity of driving around looking for a parking stall. . The proposed change will not be major in the type of goods and services k made available to the public at the present time. It will, indirectly, enable Fred Meyer to offer the public more variety and convenience in shopping which will reflect in personal savings. This change will also be a general upgrading of the facility, both in appearance and additional landscapina at the existing parking area, especially along Pacific Highway. The area under consideration is the best suited land available for the use of this complex. It is adjacent to that part of the facility needing the parking the most. It is the area of the heaviest concentration of activity within the complex and it is, also, the only land which has become or was available for expansion purposes. There will be no adverse impact on the adjacent sites, actiivities, or immediate neighborhood due to this change I3cccause the charge in use is minor. 2/3 of the area under consideration is and has been used as parking. The change requested is an extension of this "use" into an adjacent area of approximately 15,000 sq.ft. or approximately 1/3 acre. The two major oir3l:s of opposition voiced at the Planning Commission hearing when the expansion of this complex was approved by the Planning Commission were 99Fi? 6y1 + KZAP1oEY PORTLAND IY9FEcMON 97--o9 1503e27 5616 June 5, 1979 The Planning Commission City of Tigard page 2 that "on street" parking adjacent to this area was annoying and that sone commercial related acitivity was taking place in this area. The requested change is a positive response to these concerns. The impact on public service is minor, if any at all. There will be no 4 extra burden placed on police and fire protection, schools, parks, street:, j or roads. The impact on utilities will amount to -additional storm run-off of approximately 1500 sq.ft. of paving which would be tied to the existing storm sewer system. No additional sanitary sewer service is required. Public transportation will be enhanced by the approval of Fred Peyer to 4 locate a Tri-Met bus shelter on their property at the corner of S.W. 71st and Pacific Highway. In conclusion, the change in "use" is proper for this area. A change in the City boundary in the past has isolated these three R-7 lots within a C-3 area and thus, to avoid arbitrary spot zoning, they should be I changed to C-3. The public need, as described above, would be served by this change with no real burden to the public. We feel this proposal i will be an asset to the community; we hope you will, too, and request Planning Commission approval. E i . t F f 4 MINUTES TIGARD PLANNING COMMISSIvN k August 7, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon s k 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, € 6 Wood (who arrived at 7:55 P.M.) Absent: Kolleas ' Staff: Selby, Froward 4 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 renumbered 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 #2 ` k: A request by Mackenzie/Saito & Associates for a zone map amendment with t, 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 1S1 34AA, Tax Lots 100,200,300, and 400 and Tax Map 181 35B, 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, i dated July 24, indicating approval of the plan as submitted; from the District IE 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 P?P!J('ANT'S PRESENTATION was made by Eric Saito, Architect of Mackenzie/ Saito & Associates, representing Koll Business Center. IIe introduced several 4- 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, but pointed out Koll could grant only the rights it had tinder a MINUTES ' TIGARD PLANNING COMMISS-LoN 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 the conditional uses be available to 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 A 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 elevationvas in error: it was the intention to have the floor elevation two to three feet above the floodplain (well above the 1' feet specified in the ordinance) , and this would be corrected. Speaker inquired the effect of a changed city ordinance, for instance, in connection with Kollin guarantee or a -benali Gts ability" to continue operation (pp 18-19 of the narrative). Bill Cox, attorney for troll, responded that subsequent teriants would ocourse 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. MINUTES 4 „ j TIGARD PLANNING COMMISSION August 7, 1979 - 7:30 P.M. t Page 3 COMMISSION DISCUSSION AND ACTION: Since no further questions from Commissioners appeared to be forthcoming, Speaker MOVED approval of Zone j 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 approved conditional uses as found on pp. 40-41 of the narrative. Bonn seconded. Smith asked staff if they were comfortable with the drive-through parking lots as access to the long cul-de-sac. Selby replied the plans had been reviewed 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 not 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 adequate. M Selby pointed to Recommendation 5 which requires all such site charact:9ristics 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 obotacle has been sewer service, which is just now becoming practical for this area. Availability of sewer service was a Condition of the original application (pecommendation 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 lets 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 TIGARD PLANNING COMMISS­QN 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.. Speaker inquired whether dedication of right of way for Durham Road had been required on Lot 500, which 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 Road. 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. 4 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. 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 Recommendations. The motion was seconded by Bonn and carried unanimously. 1' 5.4 ZONE CHA14GE 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 1S1 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 sty: L report to offer in the APPLICANT'S PRESENTATION. There was no PUBLIC TESTIMONY. CoMlMISSION DISCUSSION AND ACTION: There was considerable discussion as to whether the applicant should be 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 development costs of $6,000 per lot, feeling '3 t: not unreasonable. Staff gave reasons for not requiring the applicants t MINUTES ! TIGARD PLANNING COMMISSION t August 7, 1979 - 7;30 P.M. ! Page 5 f 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. s Thereupon Wood MOVED approval of Zone Change ZC 28-79 based on staff Findings and Recommendations. The motion was seconded by Helmer and carried unanimously. At 8:55 P.M. the President declared a five-minute recess. 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 Meve r 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.) NFO #5 A request by Trademark Homes, Inc. , for a conditional use permit to place a steel tank underground for diesel fuel in a M-4 "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) . MINUTES . TIGARD PLANNING COMMISSION August 7, 1979 - 7:30 P.M. Page 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 request 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 aure parcel, located at S.W. 119th and Gaarde (Wash. Co. Tax Map 2S1 3CD, Tax Lots 3700,3900 & 4000) . R 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 errtorgency 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. W nod expressed his conviction the concerns of the Staff and the Fire Marshall are very legitimate and are not to be minimized, but the desires of the Terrace Trail. residents and the promise .made to them by the City Council that there would be no access between the two cul-de-sacs was 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 F..E TIGARD PLANNING =11MISSION 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 h(-..r, 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 and others in the past. These, he said, may or may not be issued to be brought up tonight. A 1. Basements and lofts: Mr. Walden, Building Official w.t with the State Fire Marshall in Salem today. Together they worked out a press release and a letter to Mr. Hoffirian, 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: Howard 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 Cite 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 approved 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-moot site--obscuring fence" along the east p rope rty line. Some time later when Howard asked the developer for a copy of the landscape plan, he was given a completely different plan which had been prepared by a registered landscape architect subsequent to the approval of the original. Howard stated that approximately one-third of the landscaping according to tine 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. I f, MINUTES TIrARD PLANNING CO.IMISSION AL. :,x 7, 1979 - 7:30 P.M. Page 8 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 f are eliminated in the interest of maintaining native vegetation intact so far as possible. With this introduction Howard suggested the commission follow the usual format of a public hearing. The equivalent of an APPLICANT'S PRESENTATION was made by doe 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, "heriter 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 ground 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. r 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 very noticeable. Hebthereupon,, showed a number of slides of the project from various points, including a nuaber 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 from and approval by the public) . He protested the "save-a-tree philosophy 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 ivr)Lor,d far sore year:;. fie opined the berm was of little consequence in the privacy issue when there is a veiw 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 MINUTES �9F^ `I'IGARD PLANNING COMMISSION August 7, 1979 - 7:30 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 members of the Association in the audience to stand (perhaps 20 to 25). He stated Line Hor,R.c;vners Association 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 plana 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 homeowners' properties, and reiterated the fence would be built in accordance with the private agreement with the landow-ners. He asked for resolution by the Commission of the chimney chase issue. He assured fir trees would be planted in the area. Mr. Feichtinger highly approved the assurance the fence would be installed, .asking that it extend along the entire east property line. He asked for tall fir treesat a density at least equal to the original plan. He commended a request in a letter of July 16 from Mr. Howard to Mr. Hoffman for a six-foot sight- obscuring fence, and 15 large Douglas fir trees as being `basically compatible with our needs`. on questioning by speaker as to the number of trees requested, he referred to the original plan which shows eleven. He agreed to more if the staff felt necessary, but a minimum of eleven. Marge Davenport urged planting of substantial trees to afford privacy in the southwest corner and along the south line. MINUTES TIGARD PLANNING CQ;dMISSIQN Alxgust 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. C0101ISSION DISCUSSION AND ACTION: Howard 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 4 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 -- fixed 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 ex,?ressed appreciation for his service on the Commission. The President expressed a need for a Vice President, and suggested Commissioner Speaker for the spot. This suggestion was favorably reccived as a nomination, and Speaker was named 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 recited past history and illustrated possibilities, the best of which are not precluded .by reason of development of apartments in one area, and a grove of large trees and rugged topography in others. One problem is that '+ has control over the property on the sauth side of Bonita; since ci1G City �.00 no C^... it is in the County. After considerable discussion, and input from Mr. Diez of ....... consultants to the Randall Company, it was the consensus the Planning Commission 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. c E i 4 t Y