Ordinance No. 79-90 I
w, 3
CITY OF TIGARD, OREGON
ORDINANCE NO. 79- 1/0
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. LARRY
HILL OF TRADEMARK HOMES FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT 7185 S.W. SANDBURG
STREET AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 1DC, TAX LOT 3700 FROM
CITY OF TIGARD "CP" TO CITY OF TIGARD "M-4" INDUSTRIAL PARK ZONE AND ADOPTING
EXHIBTTS "A", "T"' & "C" GRANTING THE APPILICATION AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been heretofore C
and are now classified as City of Tigard "CP" 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 September 4, 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 Industrial Park
designation of NPO #5 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 Industrial Park (M-4) use is hereby approved subject to the
provisions of Chapter 18.52 (Industrial Park Zones) of the Tigard Municipal
Code as embodied in or exhibited by the documents submitted and identified
as follows:
x ,
Exhibit "A": Legal Description
Exhibit "B": - Staff Report
Exhibit "C" Site Plan `
And further subject to the following conditions-
1.
That the applicant participate in the S.W. 72nd LID for improve
ment of the street,
2. 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 t
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
il
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,
i
F _
SECTION 3: This ordinance shall be effective on and after the 31st day and
after its passage by the Council and approval of the Mayor.
PASSED: By 116� fILt2lsk� s vote of all Council members present
this �y'k` day of (Z d4- „�,E�- , 1979, after being
read two times by number nd title only.
Recorder - City of T' rd
APPROVED: By the Mayor this mac/ day of p�2 �jy� , 1979.
CMayor -'City of igard
PAGE 2
ORDINANCE No. 79-��
ZC 30-79
Attachments
A
oz:-no `. TMH007
LEGAL DESCRIPTION FOR TRADEMARK HOMES PLAZA
(Total)
A tract of land in Section 1, Township 2 South, Range 1 West,
of the Willamette Meridian, in the County of Washington, State
of Oregon, more particularly described as follows:
A
Commencing at the northwest corner of Government Lot 4, in
said Section 1; thence along the north line thereof North
89015137" East, - 30.00 feet to the point of beginning of the
tract herein to be described; thence continuing North 8907.5'37"
East 179.93 feet; thence South 0°44123" East at right angles
to said north Line; a distance of 341.81 feet to a point
in the north line of SANDBURG STREET (50.00 feet wide) ; thence
along said north line of SANDBURG STREET South 89005'17" West,
188.53 feet to a point 30.00 feet east of the centerline of
S.W. 72nd Avenue when measured at right angles; thence parallel
with said centerline North 0°42' 00" East, 342.48 feet to the
point of beginning.
r
`5/30/79
STAFF REPORT
ACENDA 5.3a
TTCARD PLANNING CQi-NISSION
September 8, 1979 - 7:;;0 PI-1
Fowler Junior High - Lecture Room
10865 sw Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 30-79 (Trademark homes Re: CU 14-79)
Applicant: Trademark Homes Owner: Same
Mr. Larry Hill
8070 Stiff Hall Blvd.
Beaverton, Ore. 97005
Application Date: August 2, 1979
Site Location: 7185 Std Sandburg Street (Wash. Co. Tax Map 2S1 1DC, Tax Lot 3700).
Request: For a zone map amendment from City of.Tigard C-P "Commercial-Professional"
to City of Tigard 11-4 "Industrial Park" zone on a 2.76 acre parcel.
I. Findings of Fact:
1. The site is designated on the NPO #5 Plan as I,-4 "Industrial-Park".
2. The applicant is requesting zone change in accordance with the designated
land use of the Comprehensive Plan.
3. The applicant is presently constructing a 4,200 sq. ft. building on the
northwest portion of the site to operate office buildings. The use is
permitted in the present zoning and the designated M-4 zone.
4. The surrounding land use are industrial to the east and south. To the
west across SW 72nd are single family residential units. To the north is
vacant land designated as cDmmercial-professional.
5. The site is adjacent to Sw 72nd. The street is City jurisdiction having
50 feet of right-of-way and two lanes of traffic. The NPO #5 Plan
designates SW 72nd as a collector street.
6. Sewer and water are available to the site.
IT. Conclusionary Findings:
l.. The zone chane request is in keepiag with the Nio 1',5 Plan. and the sur-
rounding landuse.
!. J' 72iv_. 1S 1: c:CI Of up i^v st.Leer sta lard
III. Staff Recoamendation:
Staff recommends approval subject to the following conditions:
1. That the applicant participate in the SW 72nd LID for improvement of the
street.
I:
STAFF REPORT
AGENDA 5.3a
TIGARD PLANNING COI.2.11SSION
September 8, 1979 - 7:30 P14
Page 2
t
2. 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 B
order on the project or any portion of teh project.
j
7
i
t
Approved and Reviewed by: Ken Selby Assoc. Planner t'
E'
t
r
f
:
I
k
y
,
o 4300 Iw x.400
Q . 20 40 t05 ,50'4C.
ED
2
P, IN
1 55 �zl� 211
IS• 37
7F3}}}rrr�}#17t"�} ti„ 7" 7,1 f
:r�}3'S crrair s 4..,ro. Cr
1
.45 ( a N,W, COR, GOV.
N rr
04
40
5700
A
y t.r•
irtiC r%
:•�� 2.7CAc. fow�.y I
c N
r�
i N
,V ra
41 R7
GOV LOT 4 w
6 � f
M �
74.,s... yq)'♦w7ly['7{f-^' '�y+TiJr7j�'//i5�fi�O�i��i
r.
310.0
S
4 07'4
'1 y J ' '^
50 F;.}
Q.) ^^^7 ? r:�gSruY2:7'Yt3�. r3 }'1r}is';5 'Fri
E
• �.s ?3r"r'r3 ;' "?"s 70 PU6LIC 645/629
SANDu �j STREET
URG
"n'
z 5,:.. 8 5 r_ 410
88' 3' E 3801
'>C O 23Ac
3800
1 - _
g0 SEE. MG
Z ¢ S 2S
Z (G.S. No. 13,084)
N
T Gi?
�2! . c
! w
1 N
^+ o 360 +^D
1i N
O
`t�+ ----oaf-*. ._ -•T- c•.
2.29 Ac
t .
a ,jet
PT
4
ti
J-
0
� P.I V
Q
r
ki aOA s -- TAX LOTTYC
ON W.AP
_5✓ 9 • ii r.. r; 9TO��E.. cls g E.COR. 0f xS t ►00���
r
o �
p BEAVERro,N 9C t
09
0s
Cy q0
�O
N
July 30, 1979
Application for zone change to M-4
This property is presently served by all utilities, including
sewer and water. Our proposal use is for business office spac=e.
This would have no adverse effect on the surrounding area. This
use is permitted under the new comprehensive plan.
k-
MINUTES
TIGARD PLANNING C014MISSION
September 4, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
President Tepedino OPENED the meeting at 7:30 P.M.
ROLL CALL
Present: Bonn, Funk, Helmer, Herron; Kolleas, Smith, Speaker, Tepedino
Absent: None
Commission Vacancies: One
Staff: Howard, Selby
A
The MINUTES of the August 21 meeting were discussed. Speaker stated because
of lack of. regular City clerical staff, the minutes as submitted were inadequate
for a permanent record of the meeting, citing lack of proper identification of
agenda items and poor typing. He suggested these minutes be returned to staff for
retyping and resubmission, promising to work with staff on it. Tepedino moved this
procedure be followed. The motion was seconded and carried.
There were no Planning Commission COMMUNICATIONS to be heard at this time.
The President opened the PUBLIC HEARINGS with general announcements, and
read the usual notice of authority for and procedure of the meeting.
5.1 ZONE CHANGE ZC 13-78 and ZC 18-78 (Pick's Landing Planned Development) NPO 916
k
A request by Mr. Grimstad and Mr. Waymire for a change in specific land use
on a 25 by 100 foot strip of land originally developed as a landscaped com-
mon area in the 41.33 acre site located at 9930 S.W. Durham Road (Wash. Co.
t Tax Map 2S1 14B, Tax Lots 300 and 400).
Howard read the STAFF REPORT and RECOMMENDATIONS.
The APPLICANT'S PRESENTATION was made by Paul Grimstad who explained the
request by himself and Mr. Waymire. They are the sole members of the homeowners
association, and wish to sell a lot reserved for park purposes, and to use the
proceeds "to benefit the landscaping" with the residue to bE come a beginning balance
for the homeowners association.
PUBLIC TESTIMONY in opposition was given by Shirley Pick Simpson, who claimed
a "vested10 interest en the property. She gave her background, that of previous
owners, and plans which would have drastically affected the property had they pro-
ceedcd--development of. the Tualatin River and extension of Murray Boulevard. She
characterized the development as without taste or style, suggesting six architects
whom she asserted would prepare a much higher-quality development. She presented
nine exhibits relating to the accomplishments of previuus o ;<<ers, before and after
photos, letters from distinguished citizens, summer and winter scenes on the pro-
perty, books containing quotes on environmental and economic subjects. The thrust
of her testimony appeared to be that the Commission should rescind its previous
M(NUTES
�r TIGARD PLANNING COMMISSION 4
�. September 4, 1979
Page 2
approval for this site and compel the engagement of a distinguished architect to
PP higher quality, more environmentally attuned develop-
design an aesthetically much hio
ment on the site.
Also speaking in opposition were:
architect of Portland, who commented on the lack
__o Witliam L. Fletcher, and a lack of segregation of
of open space in the inter iortrafficof the ;lbutsp, A
automobile from foot and bicycle
but specifically he object to elimination
of what little open space was left in the interior of the development.
---o Saul Zaik, architect of Portland, ctheelackg ofon
factors and theaffect-
om
ing and effecting developments, anddeploring
of the area a few years hence, the real
circulation pattern. He suggested the Planning Commission should "take another
look" at this in the light of ecO«u�-c-
need for more living units in Tigard, and the burden this development will put on
municipal facilities.
re present at Mrs. Simpson's request.
Both architects stated they we
CaMMISSION DISCUSSION AND ACTION: Speaker commented on his concept of the
fining the decision
g the en space as requested. Funk
function o� MI the Planning Commission in this and similar cases, op
should be limited to whether to allow abaearnwhennfirst this development came before the z
' asked Mrs. Simpson why she did not app
Commission, She replied that was "a family matter." Smith suggested to consider. a
ied that
this time would be completely out of order--it is too
revamping of the project
late now to'raise the type of objections we have heard tonight.
Te edino related the history of this development before the Commission and the
F Smith
reason for the presence of this park.
nicallyehaddjurisdictd�os over thisurequestssed ethSpeaker
the Commission at this point tech _ specifically
called attention to Section th�5basis of which120 of the lhe asMunicipal
ertedonly the Commission had
subsections (3) and (4), on
asserting there should
authority to rule on a reactst othehis nature. He also r
ation,ected the idea of the two
developers being able to
be at least 35 percent of the lots in individual homeocrners hands to constitute a
ge
legitimate homeowners association. n this basis he opVthedsubdivisionenial of nwashclari-
Z(; 12-78 and ZC 18-78. ainted to Mr. Howard, who stated he was
fied for Commissioner Smith. Mrs. SimpsonP
presently a renter of a Pick's house.o There
sue under as no feeling
sidepration. oThe hmoti�on
mission that this had any relevancy t
then carried unanimously-
dience
The President announced for tthe be11f'�eenowithdra*.rnf tbc)sQ T'byF1theuapplicant. Item
5.2, Summerfield Planned Development., had passed
r the
ich just
Howard asked for clarification aker reaffirmed ehis convictionothe hdeveloper palone
as guidance for the future. P
MINUTES
TIGARD PLANNING COMMISSION
September 4, 1979
Page 3
is not a proper homeowners association; that when a certain percentage of the lots
are sold the developer must turn the association over to the real homeowners for
operation; and that his recollection from somewhere was that this figure was
around 35 percent. Howard pointed out it would not be possible for the Staff to
know when such a percentage figure had been reached; that the homeowners would
have no knowledge of the Tigard Municipal Code; and that in effect the Commission
was setting up a situation the Staff would have no knowledge of or ability to con-
trol. Speaker reaffirmed the controlling nature of TMC 18.56.160 (4). The consensus
was that the Commission would deal with the situation if and when it might come up,
with the opinion expressed by Funk that the homeowners themselves would be unwilling A
to abandon their open space, as presently requested by the developers.
5.3a ZONE CHANGE ZC 30-79 (Trademark Homes) NPO #5
A request by Trademark Homes for a zone map amendment from City of Tigard
C-P "Commercial-Professional" to City of Tigard M-4 "Industrial Park" zone
on a 2.76 site at 7185 S.W. Sandburg Street (Wash. Co. Tax Map 2SI IDC,
Tax Lot 3700)
5.3b CONDITIONAL USE CU 14-79 (Trademark Homes) NPO #5
A request by Trademark Homes to install a 6,000 gallon fuel tank in a M-4
"Industrial Park" zone on a 2.76 acre site located at 7185 S.W. Sandburg
,r \ Street (Wash. Co. Tax Map 2SI IDC, Tax Lot 3700)
Howard read the STAFF REPORTS and RECOMMENDATIONS of the two proposals to-
gether, since the applicant had nothing additional to present as the APPLICANT'S
PRESENTATION.
No PUBLIC TESTIMONY was offered on either the zone change or the conditional
use requests.
COMMISSION DISCUSSION AND ACTION: Speaker asked Larry Hill, representing the
applicant, who would be served by the fuel tank and pump. Mr. Hill stated it would
be used only for and by their supervisors in company pickup trucks. Kolleas asked
if a vapor return system would be included, informing him this was "the coming
thing". He did not know whether such a device was contemplated. Further question-
ing developed there would be about 15 superintendents whose pickups would be served
by the facility, which would dispense unleaded gasoline rather than diesel, as
# stated in the Staff Report. Staff stated the difference in the fuel imposed no
problems--either would have to meet the State Fire Marshall's requirements.
Notwithstanding the previous closure of the public hearing on the issue, at
this point the President recognized Mrs. Paul Wainer, 1351.5 S.W. 72nd AVCiii1C,
residing directly across from til si.te under discussion. She expressed concern
over the operating hours (limited by Recommendation 2 to 8 p.m.); to the use by
=large trucks of the circular driveway at her residence (termed a civil matter out-
side the jurisdiction of the Planning Commission); and the use late at night by
MINUTES
TIGARD PLANNING COMMISSION
September 4, 1979
PageG
o-
large trucks of 72nd Avenue, which made sleep by residents of the area difficult.
It was explained there would be a building and large parking lot between her home
and the fuel pump facility. Selby commented on the circumstance that the plan for
the area called for heavy industrialization and commercialization which would in-
deed affect the liveability of the area for the longer-time residences still remain-
ing, but that all he had to offer was sympathy and the operation of the site design
process to effect as much buffering as practical.
Speaker MOVED approval of Zone Change ZC 30-79 and Conditional Use CU 15-79, 4
based on Staff Findings and Recommendations. Helmer seconded the motion. Bonn
suggested modification of Condition 1 of CU 14-79 to include "screening of the fuel
tank operation, if needed." The mover and seconder agreed to the modification,
whereupon the motion as amended carried unanimously.
5.4 ZONE TEXT AMENDMENT ZOA 2-79 (City of Tigard)
A request by the City of Tigard to amend Chapter 18.12 General Provisions
of the Tigard Municipal Code with addition of section 18.12.120 to permit
fuel tank installations as a conditional use in all zones except residential.
After considerable discussion of the ramifications of alternate wordings,
the added section was modified as follows:
"To permit vehicular fuel tank installations as a conditional use in
all zones except residential. The permit shall be subject to approval
by the Planning Commission with any conditions deemed necessary, follow-
ing written approval of the appropriate governmental agencies."
Bonn MOVED that the above wording be approved by the Planning Commission for
submission to the City Council. The motion was seconded by Kolleas and carried
unanimously.
5.5 CONDITIONAL USE CU 17-79 (Tiburon Co.) NPO #2
A request by the Tiburon Co. for a conditional use permit to construct a
duplex unit in a R-7 "Single Family Residential" zone on a .45 acre lot
located at 11855 S.W. 91st Avenue (Wash. Co. Tax Map ISI 35DC, Tax Lot
2400)
Howard read the STAFF REPORT and RECOMMENDATIONS.
The APPLTCA T°S i RLSL.'TAT_IO,J .:as ueaa'e by Bruce Bruinsma of the 'Tiburon CO.
He discussed the option of tslo common-wall single-family units versus a duplex, and
characterized it as impractical in view of the site characteristics. Speaker raised
the question as to ,why this site should be allowed duplexes. Mr. Bruinsma pointed
to the small-.lot character of adjoining property, the abutting of the back of an
t
MINUTES
TIGARD PLANNING COMMISSION
September 4, 1979
Page 5
I
apartment house complex, and the peculiarities of this particular site--all of
which he felt justified the conditional use requested.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Speaker stated his questions as to why a
duplex should be allowed on the site had been resolved by the applicant, and there-
fore MOVED approval of Conditional Use 17-79 based on Staff Findings and Recommenda- 4
tions. Kolleas seconded the motion. Tepedino commended on the nature of the
conditional use mechanism--that it presupposes extraordinary conditions which he
found lacking in this instance. Bonn spoke on the definitely rental character of
the neighborhood, feeling duplexes on this site are in order. The motion then
carried with Tepedino voting no.
5.6 CONDITIONAL USE CU 16-79 (Bill Burnham) NPO #6
A request by Mr. & Mrs. Billy Burnham for a Conditional Use Permit to
construct three attached single family units in a R-7 "Single Samily
Residential" zone on a portion of the 2.90 acre parcel located at 14235
S.W. 97th (Wash. Co. Tax Map 2S1 11BA, Tax Lot 1000).
Howard read the STAFF REPORT and RECOMMENDATIONS, correcting Findings of Fact 7
with regard to specific lot numbers.
Mrs. Mary Burnam made the APPLICANT'S PRESENTATION with the aid of opaque
and transparent projectors, showing a map of the area and architectural renderings
of the structures proposed. She commented on the substantial changes in the area
which have taken place in recent years--from essentially rural to definitely urban.
She emphasized orientation with respect to prevailing winds and solar exposure, and
conservation of topsoil by the proposed development. She touched on provision of
affordable homes.
PUBLIC TESTIMONY was given by the following:
o Don Feller, 9875 View Court and a member of NPO 6, presented a petition
signed by 45 neighbors opposing the applicant's proposal on the basis of the
single-family nature of the area, and asking for denial of the request. He called
attention to the three points in the denial of duplexes on this site in the July
17, 1979 hearing before the Commission, feeling the present proposal is subject to
the same considerations, and emphasizing the change--which he characterized as
"drastic"--which would be introduced into the neighborhood by the granting of this
request. Smith inquired as to the sewer situation in thu au_aa, respoc,(icd to by
1r. Feller, who stated the homes are on spetic tanks, that the lots are indeed
large to accommodate them, but that the homes are large also.
---o Irene Mawhirter, 9680 McDonald, spoke in favor of the proposal.
--o Jim Evans, 14285 S.W. 97th, spoke in favor of maintaining the established
character of the neighborhood.
t
MINUTES
TIGARD PLANNING COMMISSION
September 4, 1979
Page 6
d a letter from Mrs. John Butler opposing the
-o Howard read into the xecor
proposal.
he
nderlying
ty
CO1.1MI�SSION DISCUSSION CTbyNSelby,twhoudiscussed estioned tNPO upolicies�which lcon-
of the entire parcel, resp nted that the issue of renters
speaker cocame
flict somewhat with City ordinances. SP
being undesirable, the poor condition of sewer facilities in the area, and thcone
septation on energy efficiency, were all irrelevant to the proposition being
A
sidered. On the basis that the same consi ertionssingle-familywhich echaracterd denial oofathe
similar request on July 17--that is, the large-lot
neighborhood, the opposition to the introduction of multiple housing by eaconstruce
neighbors, and the lack of demonstrated need Herronfor fsecondedfering ythepmotionl. Smith
tion--Speaker MOVED for denial of CU 16-79. the so-called
n large lots,
stated history indicates thathood unce
change quite r is rrapidly equired in accordance with theeconomicsk
character of a neigh or
ro-
involved. Funk caanddstatedattention
his conviction this pvote
roposalfwouldohelp ebring limpar roved
posal on July 17, edino likened the conditional use process as a
conditions into the neighborhood. Tepot see
safety valve to take care of unesuofltheconditions,
conditionaland
usedid
process. 1Smith sdisagreed
the circumstances justifying use
with the safety valve concept, but recognized if we approved this proposal it could f
establish a trend to multiple housingwho reiterated her in the area. massertioer n thereuwere ethree
graphy, responded to by Mrs. Burnam, E
benches, which would eliminate the necessity for subseakerainquiredtwhetheretheino
read from T14C the p
rovision for conditional uses. Sp
stre't improvements called for were dependent buttthatginpthis.c sewbecausetof the
improvements would come with any development, Funk
economics involved thohad beenper ethoroughdens
ly al additionconsidered•so all lots lcould fbe
alternative lotting patterns t the
single-family, to which Howard responded
thatotiatbyadevelogerspwith�respeptrtoent's
s no
function--it passed on proposition g ;
compliance with City ichth
the
nzen
De answergivenwas yes.
Speaker
inquired
_ f Smithapointedboutldenial ofd
which
be single-family, to whk
the common-wall structures would reduce the units possible in the development from
14 to 12.
roll call vote, with Funk and Bonn voting no.
The motion then carried on a
At 10 o'clock the President declared a five-minute recess.
5,7a CONDITIONAL USE CU 19-79 (Tom Stern)
NPO #1 €
it to
low
A request by Mr. 'rum Stern for uf��editwarehouse andonal use moutsidelstoragesusectoc��e
of a 14,850 sq ft building for ,
operate a plumbing supplies business in a C-3M "main Street Commercial" zone
three acre site at 9110 S.W. Burnh
r. am Street (Wash. Co. Tax Map 251, Tax
on
Lot 200)
s
MINUTES
TIGARD PLANNING COP,MISSION
September 4, 1979
Page 7
5.7b MISCELLANEOUS M 9-79 (Tom Stern) NPO ill
A request by Mr. Tom Stern for a special use permit to fill 2100 cu.
yards in the flood plain portion of a three acre site at 91.10 S.W. Burn-
ham Street (Wash. Co. Tax Hap 2S1 2AC, Tax Lot 200). E
Howard read both STAFF REPORTS and STAFF RECOMMENDATIONS, correcting Staff
Recommendation 3 on Miscellaneous M 9-79 to read in part, "...so as not to pro-
hibit water flow. .."
Tom Stern made the APPLICANT'S PRESENTATION. He gave a brief history of
this and nearby properties and the use applicant expects to make of the site.
Howard explained land uses in the area and the status of greenway dedications with
the aid of the drawing on the wall.
There was no PUBLIC TESTIMONY. �I
COMt41SSION DISCUSSION AND ACTION: There was considerable discussion of
several aspects of the request:
--o Speaker's question on net increase or decrease in floodplain holding
capacity (resolved later in the discussion);
--o Smith's question on whether a fill permit goes with the land or the
applicant, in view of the minor land partition (it goes with the land);
--o The changing of conditions with the passage of time, which could justify
revocation of the rights granted by an old fill permit;
--o Further discussion, including Boyd Davision, engineer of Cooper
Associates, Inc., on the net etfect of the filling operation. Discussion on this
resulted in an agreement that the net effect of the fill material removed from the
floodplain and placed on the fill site should result in a net increase (or at
least no decrease) in the holding capacity of the floodplain. Should the material
removed from the stream area be unsuitable for fill under the building, it would
be hauled off and suitable material brought in.
It was agreed the two issues should be addressed separately. Thereupon
Smith MOVED for approval of Miscellaneous M 9-79 based on Staff's Findings of Fact
and Recommendations, c•.rith the addition of condition 6 as follows: That the flood-
plain be restored to not less than its pre-1976 holding capacity, to the approval
of the Public Works Director: The motion was seconded by Kolleas and passed
unanimously.
With respect to the conditional use request, Funk raised the question as to
why no site plan was submitted. Staff agreed it was because of vacations and sub-
stitute staff in the office. The paved lot was considered. A gravelled surface,
MINUTES
c TIGARD PLANNING COMMISSION
September 4, 1979
Page 8
as suggested by Bonn, was explained as impractical for the use contemplated by
the applicant, based on his company's experience elsewhere. Smith raised the
question of what our action would be ware this a new applicant. Howard explained
the benefits, particularly in greenway dedication and street improvements, which
would come as a result of approval of this request. Smith expressed concern that
approval of this request be not considered as a precedent with respect to flood-
way land use. Smith then MOVED for approval of Conditional Use CU 19-79 based on
Staff Findings and Recommendations, with the added stipulation that the action on
this floodplain request shall not be considered as a precedent when considering
future similar requests. Helmer seconded the motion, which carried unanimously.
5.8 CONDITIONAL USE CU 22-78 (Martin Eggert) NPO #2
A request by Mr. Martin Eggert to extend a conditional use permit granted
on August 1, 1978, to construct a duplex unit in a R-7 "Single Family
Residential" zone on a .41 acre parcel at 11450 SW Greenburg Road (Wash.
Co. Tax Map 1S1 35CA, Tax Lot 1500).
Since only the applicant remained in the audience, Selby read only the STAFF
RECOMMENDATIONS portion of the STAFF REPORT. Of the printed recommended conditions
he deleted No. 2; the renumbered No. 3 reads as follows: That all units existing
or to be constructed on the subject site utilize 97th Court to enter onto S.W.
Greenburg Road if a permit to use this private drive is given." Printed Conditions !'
4 and 5 are then renumbered 3 and 4.
s
Selby explained at some length the conditions prompting the revised conditions,
and expressed confidence satisfactory traffic patterns can be worked out with the
applicant in the site design process.
Martin Eggert, the applicant, had nothing additional to offer in the APPLICANT'S
PRESENTATION.
k
COMMISSION DISCUSSION AND ACTION: Smith questioned the application of the
City Code requiring each lot to have access to a public street, whereas we are
strongly suggesting the use of a private drive for access. Selby explained public
access must be available, even though not utilized. Mr. Eggert explained, in
response to Smith's objection that, both duplex units could not have access to a x
public street, that the units would be so designed as to afford access to Greenburg
should the private access be denied at any time in the future.
Bonn MOVED approval of Conditional Use (Extension) CU 22-78 based on Staff
Findings and Recommendations as modified in the presettLatiou. Smith seconded the
motion, which carried unanimously.
OTHER BUSINESS: The handwritten letter from Richard J. Geisert, attorney for
Elizabeth A. Anderson, giving notice of appeal on the Canterbury Woods hearing of
August 7, wasread and discussed. Howard explained Mrs. Anderson has filed suit
against Mr. Hoffman, the developer of Canterbury Woods, in which suit the City of
i
E`
MINUTES
TIGARD PLANNING COMMISSION
4� September 4, 1979
Page 9
Tigard is also named. This suit is due for hearing in November. Howard also
stated Mrs. Anderson has applied for annexation of two tax lots next to Canterbury
Woods.
In light of the attorney°s letter, President Tepedino stressed the necessity
for the Commission to pay particular attention to the points there enumerated in
which it is claimed the Commission erred, which are all points in the Administrative
Procedures law. He pointed out particularly that we must state the findings on R
which we base our decision. Without that, it is a defective decision. With respect
to the Canterbury Woods situation it was the consensus it has now passed beyond the I1.
jurisdiction of the Planning Commission. Howard explained the planting of the trees
on the berm.
Selby reported there were only three public hearing items for the September
18th meeting, and therefore there could be some time spent on a study session that
evening.
The President adjourned the meeting at 11:25.
e
F
E
E