Ordinance No. 81-51 CITY OF TIGARD, OREGON
ORDINANCE NO. 81-_fj
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE
PLAN REVISION TO THE 1974 NPO #1 PLAN MAP OF THE CITY OF TIGARD DECLARING AN
EMERGENCY AND FIXING AN EFFECTIVE DATE. (MAIN STREET DEVELOPMENT/J.B. BISHOP)
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1: Finding that the lands hereinafter described are now classified as
2S12AC Lots 2301-Al2, 1600 C-5, 1200, 1300, 1400, 1500, 2200,
201-C3M, and further findings that pursuant to procedures, the abovestated
application for a Comprehensive Plan Revision was presented at a public hearing
held by the Tigard Planning Commission on May 5, 1981. All interested persons
were afforded an opportunity to be heard at this public hearing. Therefore, the
Council adopts the following substantive finding:
A. That the proposed zoning is compatible with the surrounding
neighborhood as determined by the Tigard Planning Commission.
SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the
Tigard Municipal Code, this request for a Comprehensive Plan Revision
of the NPO #1 Plan Map of the City of Tigard is hereby approved subject to
provisions of Chapter 18.56 of the Tigard Municipal Code as embodied in
adopted Exhibits "A", "B", "C" and "D" attached and made a part of this Ordinance.
The zoning designation of the subject property is hereby changed to C3M PD.
Exhibit "A": Legal Description - Exhibit "B": Tax Map-
Exhibit "C": Staff Report
Exhibit "D" - Planning Commission meeting of May 5, 1981
SECTION 3: Inasmuch as it is necessary to the peace, health, and safety
of the public that the foregoing zone change in the City's
records become effective, an emergency is hereby declared to exist, and this
ordinance shall be effective upon its passage by the Council and approval by
the Mayor.
PASSED: By AA&hL&VUa_vote of all Council members present this -2 4L
day of , 1.9LL, after being read two times by number and
title only.
i
f--A-
Re616!`rder
- City of T t9lrd
APPROVED: By the thisqday of kL.,a L , 1981.
Citof Tigard
v� .res>o�er a'f Cn�se:
ORDINANCE NO. 81
CPR 8-81 & CPR 9-81
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Order No. W 15831 T If
3
DESCRIPTION
PARCEL I: t
Beginning at a point on the southeasterly line of that certain
tract of land conveyed by Deed to Timothy Casey and Jane Casey, and
recorded in Book 126, Page 330, Deed Records of Washington County,
Oregon, said point being the most easterly corner of that certain
one acre tract conveyed by Deed to Harry E. Strehler and Martha G.
Strehler and recorded in Book 232, Page 277, Deed Records of Washington
County, Oregon, running thence from said beginning point, North 43°
47° West, 491.73 feat to an iron pipe at the Lost northerly corner ,
of said Strehler Tract; thence North 58° 39' East, following the €,
southeasterly line of State Highway, 138.05 feet to the southwesterly
line of that certain_ tract of land conveyed to Sealy Mattress Co.
by Deed recorded in Book 136, Page 143, Deed Records of Washington
County, Oregon;, thence South 43® 47' East 440.01 feet to the most
southerly corner of said Sealy Mattress Co. Tract; thence South 4° �.
15' East 38 feet to the most easterly corner of the Timothy Casey
.and Jane Casey Tract, as recorded in Book 126, Page 330, Deed
Records of Washington County, Oregon, thence South 49° 45' West, .
111.74 feet to the place of beginning.
PARCEL II:
goo A tract of land in Section 2, Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon, more particularly
described as follows:
Beginning at the most southerly corner of that certain tract of
land conveyed by Deed from Leonard E. Munger and Julia E. Munger,
no husband and wife, to Timothy and Jane Casey, and recorded September
17, 1923 in Book 126, Page 330, Deed Records of Washington County,
Oregon; running thence North 43° 47' West 505.6 feet to an iron
pipe on the southerly right-of-way line of the State Highway de-
scribed in the Deed recorded June 2, 1931, in Book 147, on Page
1T6, Deed Records of Washington County, Oregon; thence North 58°
line 89.5 feet to an
39' East along said southerly right-of-way
iron pipe; thence South 43° 47' East 491.73 feet to a stake in the
southeasterly line of the above mentioned Casey Tract; thence South
49® 45' West along said southeasterly line 87.56 feet to the place
of beginnings
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Order No. W 15831 T
PARCEL III:
A tract of land in Section 2, Township 2 South, Range 1 West of the
Willamette Meridian, in the County of Washington and State of
Oregon, described as follows:
Beginning at a point on the easterly line of that certain tract of
land conveyed to Karl Buchholz, et ux, by Deed recorded May 2, 1944
in Book 230, Page 117, where the same is intersected by the southerly
line of Taylor's Ferry Road; thence running westerly along the
southerly line of Taylor's Ferry Road a distance of 50 feet; thence
southeasterly and parallel with the easterly line of said Buchholz
Tract a distance of 100 feet; thence northeasterly and parallel
with Taylor's Ferry Road to a point on the easterly line of said
Buchholz Tract; thence northwesterly along said easterly line of
the Buchholz Tract to the place of beginning.
PARCEL. 1V
That tract of land described in Deed Book 230, Page 117 and Deed
Book 230, Page 119, Washington County Deed Records, excepting that
'' tract of land described in Washington County Recorder's Fee No. 78
,"'M
57107.
ALSO EXCEPTING that portion of said tract conveyed to Main Street
Development LTD, an Oregon limited partnership by deed recorded
August 22, 1979, Recorder's Fee No. 79034056, Washington County
Records.
AN
y
Order W 15831 T
PARCEL V:
Part of the George Richardson Donation Land Claim
Willamette No.
Meridian more
'
Section 2+ Township
South,
followse
particularly describedas
ORCHARD
Beginning at the most northerly corner of Lot 1, FREthe orthea
TRACTS; and running thence South 44° 10' East along the northeast-
erly line of said Lot 1, a distance of 636.6 feet to as iron pipe
M-
at the most westerly corner of that tract conveyed to Lydia M.
Bloecher, by deed recorded April 26, 1949, in Book 294, Page 494+
Records of Washington County, Oregon; thence North 49° 11' East
along the northwesterly line of said Bloecher Tract, 145.00 feet to
the most southerly corner of that tract described in Book 230, Page
119, said records, and the true point of beginning; thence North
44° 101 West 69033 feet
along
425.32the
feetsouthwesterly
northeasterlyilineaofr
thence ee North 49 11 East117, said Records; thence
that tract described in Book 230, Page
South 43° 47' East, 69.31 feet along said northeasterly line to the
northwesterly line of said Bloecher Tract; thence North 49° 11'
East, 199.54 feet to the most northerly corner of said Bloecheroe
Tract, being a point on the west line of Lot 2, BURNHAM
thence South 4° 37' East, 323.9 feet along the west line of BURNHAM
TRACT, to a stone at the most southerly corner of Lot 3, BURNHAM
TRACT; thence South 49° 11' West 417.80 feet along the northerly
T; thence North 44° IO' West, 262.82
line of Lot 9, BURNHAM TRAC
feet to the true point of beginning-
PARCEL
eginning.
PARCEL VII:
A portion of the Southwest quarter of the Northeast quarter of
Section 2, Township 2 South, Range I West, of the Willamette
Meridian, in the City of Tigard, Washington County, Oregon, described
as fol lows:
Beginning North 46° 27' East 144.7 feet from a stake in the ddle
of Darrow Ferry Road South 44* 15'o East
30 feet
eetth lfrom
ne the port
corner of the George Frewing
orge
ion Land Claim No.
Richardson Donat55 in Section 2; thence
the South
ne of
43° 47' East 49 feet to the easterly rlght�o�way
present West Side Pacific Highway and the true point of beginning,
said true point of beginningbeding in Bookof thenort138,West Pagecorn556EgDeedtR cords;
certain tract of land descrline i
thence South 44° 11' East along the north boundary
distance fofa20A
tract of land described in B007K 108,
gent; thence North 45° 49' East 100 feet; thence North 44° 11° West '
to a point on the southeasterly boundary line of the present West
Side Pacific Highway; thence on a 1$30 foahtYoflwa curve
line ofthen a
Southerly direction along the easterly rig y
West Side Pacific Highway, 100.8 feet to the true point of beginning.
4
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i
Order No. W 15831 T
z
PARCEL VII: €'
A portion of Lot 3, BURNHAPi TRACT, in the City of Tigard, Washington
County, Oregon, more particularly described as follows:
d Lot 3 and
thenceBeginningNo at the southwesterly' astadistanceroff 180ifeet; thencerNorthg44°
thence North 4
46' West a distance of 240 feet, more or less, to a point on the
westerly line of said Lot 3; thence South 4° 15' East a distance-of
�
300 feet to the point of beginning.
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^ STAFF REPOIU
ACR EDA NO. 5.4
TIGARD PLANKING COMMLSSION
MAY 5, 1981 - 7:30 p.m.
FowmR JUNIOR HIGiI -LECTURE ROOM
10865 SW Walnut, Tigard
NO SUB:4ILSSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL, BE MADE AT THE PUBLIC
HEARING U,%ESS THE APPLICANT IS REQLESTED TO DO SO. SHOULD THIS OCCUR,
UNREQUESTED, THE ME WILL BE TABLED UNTIL THE FOLLOWING HEARING-
DOCKET: 1) COMPREHENSIVE PLAN REVISION CPR 8-81
A-12 to C-3M (Benson on Ash Street)
2) COMPREHENSIVE PLAN REVISION CPR 9-81
C-5 to C-3M PD (M;otel on 99W)
3) PRELIMINARY PLANNED UNIT DEVELOPMENT ZCPD 5-81
Review for C-3M PD Development on Map 2S1 2AC
Lots: 1200, 1300, 1400, 1500, 1600, 2200, 201 & 2301
of approximately sixteen (16) acres between SM
Main Street and SW Ash Avenue (Total Site Designation)
APPLICAiv`T: Main Street Development
3602 First National Bank Center
Portland, OR 97201
CXML R: Same
APPLICAATM7 DATE: April 10, 1981
LOCATION OF SITE: Main Street at highway 99W and Johnson Street.
Washington County Tax Map 2S1 2AC Lots 1200, 1300,
1400, 1500, 1600, 2200, 201 and 2301.
REQUEST: There are three (3) requests in this application.
The first is for a Conprehensive Plan Revision for
approximately four (4) acres on SW Ash Avenue from
present A-12 "Multi-family Residential" to C--3M PD
"Main Street Commercial" (Washington County Tax Map
2S1 2AC; a portion of lot 2301) .
The second request is for a Comprehensive Plan Revision
for the current site of the Valencia Nbte1, from C-5
"Highway Ccamrcial Zone" to e 3M "Main Street
Cormexcial" (Washington County Tax Map 2S1 2AC Leat
.1600).
The third request is for the addition of the
Planned Unit: Development (PD) designation to the
entire site due to Sensitive Lands Areas, plus the
STAFT REPORT
AGENDA No. 5.4
TIC,UD PLANNING GUNDUSSION
MAY 5, 1981
.FUrAUR iuj%TJOR HIGH - LECTURE ROOM
10865 SW Walnut, Tigard
Page 2
fact that this project will have a major impact
on the downtown area. Staff feels it necessary
to subject. the development to public revi
r
STAFF REPORT
AGENDA NO. 5.4 •
TIGARD PL.AWL NG COD' USSION
MAY 5, 1981 - 7:30 p.m.
FaIMER JUNIOR HIGH - LECTUR^ 10011
10865 91 Walnut Street, Tigard
Page 3
are based upon Corps of Engineers data which is for
1978 existing concition, not future runoff.
Section 18.56.020 of the Code - Subsection (c) Written Report (4) states:
A description of all sensitive lands within the development
and what effect the development will have on similar areas
off site. In the case of a floodplain or drainage area, this
portion of the narrative will be very specific. The City reserves
the right to hire appropriate, professional, consultants to
refute any portion of an applicant's narrative concerning
floodplain or drainage areas. The cost of this consultina
' shall be borne totally by the applicant.
T%b should discuss this issue as a part of the Preliminary Plan Review.
The Ash Street extension question has been avoided by the applicant.
NPO # 1 member, Mr. Cline Richman, submitted a request to the City Council
on April 27, 1981, to re--designate Ash treet. What is being suggested
is the removal of Policy 28 in the NPO # 1 Plan concerning Ash Street
across Fanno Creek to SW Burnham.
PREVIOUS ACTION:
Reference: SDR 1-80 and ZCPD 6-80 - Staff Report on April 22, 1980
On June 3, 1980, the Planning Commission minutes reflect the follo*Ang:
"Funk moved approval of the Zone Change ZCPD 6-80 based on the land
uses cornterrplated by the applicant, and with the several concerns
outlined in the Staff mem (of June 3, 1980) from the Planning
Director to the Planning Cos-rtirdssion, Subject: Preliminary ZCPD 6-80,
Min Street Development (GI Joe's) as proper items for discussion and
resolution between Staff and applicant. The motion was seconded
by Bonn and carried unanimously".
(See exhibit "A" and exhibit "B", June 3, 1980 clew)
Following this ,ting before the Planning Commission the Main Street
Development group ran into difficulties. No General Planned Unit
Development proposal was subrdtted for review. Then a new group was
formed, property was aged, and a neta developrrent plan was prepared.
STAFF REPOFG
AGEM)O N0. 5.4
TIGB_P,D PLANNING CO*USSION
MAY 5, 1981 - 7:30 p,m.
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 5w Walnut, Tigard
Page 4 ,
Note from the June 3, 1980, Mmrt random that Staff had several major
concerns which had to be addressed; Traffic circulation, control of all
lands proposed for developmnt, floodplain issue, and DEQ requirements
for Indirect Source Permit.
Reference ZOA 7-80, file which created a revised Planned Development
District (PD) Chapter 18.56.015 states:
The initial application shall be complete in all respects as
outlined in the following text or as suggested by the Planning
Staff. An applicant; shall not be placed on a Planning-Commission
Agenda unless the application is complete, and is submitted prior to the
closing date prior to a hearing ..."
Staff does not agree that this section has been adhered to in this
f application for the following reason. In the previous application,
Main Street Development, Ltd, did not "control" the land upon which
Western Oregon Marine is located. Although the applicant apparently has
entered into a legal purchase contract, Western Oregon Marine has a valid
lease agreement which expires on July 1, 1984. Nowhere in this application
is this fact addressed. It is not the responsibili y of Staff to play
an investigative role; but in this instance, the concealed fact seriously
alters the plan by making only one (the applicant's) transportation/circulatioa
pattern possible,
Note that this time no mention of "phasing" the development is suggested.
This can only mean that if the project is approved as submitted, the
Western Oregon Marine lease will be terminated. Tri s may not be the
case.
Realistically, this is the saxes Main Street proposal we have seen before
with four (4) more acres and additional retail square footage. The applicant
has steadfastly can on y
refused to consider alternate traffic circulation patterns
for sa . assume at e Western Oregon Marine pro ern
is a nasi cHuse for this reluctance to consider an alternat plan. This
traffic issue was the single issue before the Planning Commission Last
time. It is before you again. The"City has engaged the services of
traffic engineers to review the plan as submitted and to analyze the alternate
plan. Staff has worked out with worked out with ODOT. 'sfiis presentation
will be made a portion of the report at the Planning Commission hearing.
STAFF REPORT
AGENDA NO. 5.4
TIGARD PLANNING COMMSSION
MAY 5, 1981 - 7:30 p.m.
FavZER JUNIOR HIGH - LECTURE ROObI
10865 SW Walnut, Tigard
Page 5 ,
I. FINDINGS OF FACT:
1) The Conprehensive Plan indicates A-12 "Multi-family Residential"
for Washington County Tax Map 2S1 2AC Lot 2301 on Ash Avenue ( a portion
Of this lot is within the one hundred year floodplain) , C--5 "Highway
Cc=ercial" for Washington County Tax Man 2S1 2AC Lot 1600, and C-3M
"Main Street Camnrcial" for Washington County Tax Map 2S1 2AC Lots 1200,
1300, 1400, 1500, 2200, and 201. Lot 201 is shown in the one hundred year
floodplain of Fanno Creek on the Comprehensive Plan Nap.
2) All of the proposed uses are allowed in the C-3M ""Main Street
COMercial" zone. Reference: Chapter 18.30 of the Code.
3) Applicant has submitted a Sensitive Lands Application to the City.
Tris application will be presented to the Planning Commission in the future.
b
4) An application for a Minor Land Partition (MLP 4-81) has been
filed to seperate approximately one (1) acre from Washington County Tax ,%p
2S1 2AC Lot 2301 on Ash Avenue.
5) Applicant has not comrented on the Western Oregon Marine lease,
nor has the issu-- of Ash Avenue been addressed as a portion of this application.
NPO # 1 Policy states:
"Ash Avenue should be extended across Fanno Creek, enabling access
to the Neighborhood's c=--rcial area without using Pacific
Design features should be used to slow traffic and make the street
Highway/
as safe as possible. "
6) Public services are available to the site.
7) The narrative does not address the underlying issue - Should
we allow the four (4) acres of A-12 'Multi-family Residential" zone change
to C--:JM "Main Street Camrercial'•: Staff is reluctant toinsist upon this
NPO # 1's recent policy n�ro that this is not
because it is apparent from
a real issue with them. Only one person to date has requested that the zone
not be changed. The conversion of this particular lot from A-12 to C-3tI
could be related to the LCDC density issue if it were not for the fact that
some of this four (4) acre parcel is in the one hundred year floodplain and
is, therefore, not suitable for construction ofMulit-familyits.
un
8) This application shall be reviewed under Chapter 18.56 Planned
Development District (PD) .
r
a
ppf
3
STAFF REPORT
AGENDA NO. 5.4
TIGARD PLANNING cONmSSI0N
MY 5, 1981 - 7:30 p.m.
FOWLER JUNIOR HIGH - LECTURE M01,1
10865 SW Walnut, Tigard
Page 6
II. CONCLUSIONARY FINDINGS
1) The plan as submitted does not address ther
P jjna_rY concerns of Staff
relative to traffic circulation. The traffic study as submitted does not
adequately address the i1TPact of this development on traffic circulation
in the entire downtown area. This traffic study is site oriented only and
sloes not address the larger issue of overall impact to Main Street.
2) The Planning Commission did not approve of the traffic circulation
Pattern during the previous public process for this site. Significant
traffic has been added tothe site. A traffic study will be presented
before the Planning Conanission on May 5, 1981, by Mr. Woelk on behalf of the f
Staff.
i
3) The uncertainty of the lease situation relative to Western Oregon
F arine prohibits any alternate transportation/circulation plan devei op3nent
on the part of Staff and Oregon Department of Transportation (ODOT) , and
therefore, dictates that this development be phased, should the lease
remain in effect until 1984. No application for phased developnent has been
:made.
III. STAFF .ROC(INV=ATION
Staff recommends denial of this Preliminary Planned Unit Development. The
following issues must be addressed prior to the applicants return before
the Planning Commission.
If the following concerns are saii sfied, the applicant .nay request a
simultaneous Preliminary Plan Review and General Plan Review before the .
Planning Conmdssion. The Staff shall determine if/when this item shall be
placed on a future agenda. No application shall be accepted by the city
unless these issues have been addressed to Staff's satisfaction.
1) Main Street Land Conpany shall o-.aV"control" all property on
which development is proposed. If the lease %lith Western Oregon Marine
cannot be broken, this proposed development shall not be presented to the
city until the termination date of said lease.
2) Applicant shall be responsible for the alteration of the site
plan brought about by the final traffic patterns approved by the Ci�Y.
All costs associated with traffic signal xmvement, alteration and installation
shall be paid by the developer. The Oregon Department of Transportation
I
STAFF REPOMP
AGENDA NO. 5.4 p
TIGARD PI,AMNG 00HIISSION
MY 5, 1981 - 7:30 p.m.
FOWLER JUNIOR HIGH - LECTURE FSM
Page 7
and the City must agree on the traffic circulation patterns prior to a
General Review. '
3) The Ash Street extension issue is to be resolved by the Planning
Coranission and City Council prior to a General Plan Review of this project.
4) The Park Board shall review the plans with the applicant and
resolve all differences prior to a General Plan Review.
5) The Public Works Director shall review the Sensitive Lands application
with the applicant and shall subrtut a report to the Planning Commission
with the General Plan Review.
5) All concerns of the Tualatin Rural Fire Protection District shall
be addressed, particularly related to the extension of Ash Avenue (across
Fanno Creek) and traffic circulation on site.
1
Al4'n
and
P1Director
s
IIIP1UT 3
TIGA.RD Pr lY:r`iPiG COh41ISST0.i � r
' May 5, 192
Page 6.
i
CROS3_ZXAVINATI0, AND REBUTTPL: Chatterley stated an error of 10
feet in the alignment of Bonita was found, and he is dedicating an addi-
tional 10 feet, so he is contributing 20 feet right-of-way to improve `
y Bonita, together with 10 feet along 79th. Owens asked about the trees
which have been cut. He reported many of the large ores were diseased,
and that in order to obtain the maximum benefit from solar, only the trees
on the perimeter were left. Speaker inquired what maintenance the park
shown on his plan would receive. Chatterley thought a homeowners associ-
ation could be formed, but it is not provided for in his proposal. $erron
inquired what provisions can be made for a homeowners association, i
r responded to by Howard.
i
C01-2dISSION DISCUSSIOP; AND ACTION. Moen wondered if the maintenance
on the common park would not become a problem, and whether it might be
preferable to spread the square footage of the park among the units to
give slightly larger yards. Bonn felt the concerns expressed at the
' previous meeting had been properly addressed, and that the plan as pre-
sented is a good one. Owens felt that the density is quite acceptable
on this rather small site'. Helmer agreed with the density as proposed,
but expressed concern over maintenance of the common park, feeling it
should be eliminated. Kolleas and Herron agreed to the density but felt
the maintenance of the park would be a problem.
Funk MOVED approval of CPR 6-81 based on staff findings and recom-
mendations, with the provision that Recommendation 12 specify the non-
remonstrance agreement is for the improvement of Bonita Road. Bonn
favored giving the developer the option to keep the park, but with some
form of homeowners association to provide proper maintenance, or to
eliminate the park and redistribute the 10 units on the parcel. After
a little discussion, Funk added the option to the applicant as part of
his motion. Herron seconded the motion, which carried unanimously.
The president declared a five-minute recess.
5.4 COMPPE iENSIVE PLAN REVISION CPR 8 & 9-81 (MAIN STREET/
J B BISHOP) NPO #1
A request to change the Comprehensive Plan Designation for
approximately four (4) ,acres on Ash Street from A-12
"Multi.-Family" to C-3?'> "Main Street Commercial"; and a
request for a Preliminary Planned Unit Development for
approximately sixteen (16) acres between Sig Main and Ash
Avenue.
Ho::ard read the STAFF R-v.vORT and RECOMMENDATIOT'TS. He also read into
the record several communications:
•"' A letter from Anita Edin, 13110 SAY Ash Drive, expressing great
satisfaction with present conditions on Ash Avenue, rejecti.n; what she
�'y
MINUTES
R TIGARD PLAI-MING COMMISSION
May 5, 1981
Page 7,
5
termed "the gift of services" as being unwanted by the residents, and '
expressed unwillingness to accommodate people outside her neighborhood
by having the street improved or extended in any way.
'°i A portion of the minutes of the park board meeting of April 23
stating it was the consensus of the board "to recommend staying with the
ORB plan." It was noted that the proposal submitted by I•lain Street
Development would substantially diminish the size of the park, and
encroaches on the 100 year flood plain.
*" A letter from Joseph D. Jebbia, a member of NPO ml, a business-
man and a resident at 13505 SVI 110th. He stated the traffic concerns
have not really been addressed; that the reduction of potential residential
development sites is not offset by trade-offs of improved traffic flow
or a.nythir.g else; that encroachment in the flood plain "is most unfortu-
nate"; that it is a question whether the city's need is greater for more
commercial-retail space or residential space; that only a modest percentage
of the proposed retail space is for small businesses; that a large'
traffic-generating development at that intersection would "produce unde-
sirable congestion and patterns," and that the traffic analysis, in his
opinion, was "an understatement and an oversimplification of the impact
on Main Street and 99,1111.
A portion of the minutes of NFO r'`#I's meeting of April 15
indicating approval of a policy statement, also read, which (a) supports
"the concent of a major shopping area development at the south end of
Main Street" and the comprehensive plan change from h-12 to C-3M PD for
the four acres involved; (b) suggesting that with development, "the con-
nection of Hill Street to 021-iara should be assured"; (c) recommends that
high priority be given to the protection of the "residential character"
of the Ash Avenue neighborhood, and (d) recommending to the planning com-
mission and council the deletion of NPO #1 Plan Policy X28 relating to
the extension of Ash Avenue across Fanno Creek.
41° A "position statement on the Ash Avenue extension" dated
April 15 from Jeff C. Graham and Phil Edin, residents of SW Ash Drive.
This was addressed to the members of (IPO ##1 and opposes any extension of
Johnson Street, to ,Ash which would permit vehicular traffic, expressing
the "'adamant . conviction that such an extension would result in the
ruining of an established residential neighborhood."
A minority report to NPO #1 dated April 15 by kris McBath
opposin,; the change from A-12 to C-3M PD, pointing out (1) multifaui.ly
units is an appropriate buffer to an existing residential neighborhood;
(2) such a plan change "Will result in the extension of Ash Avenue";
(3) the project would have "an enormous impact on already highly u;.ili7ed
streets". It admonished very careful planning.
°s# A letter dated April 27 to the Tigard city council from Gene
Richman on behalf of NPo #1 transmitting a request by the lIFJ fo,_ a
comprehensive plan. revision 'oto delete Policy m28 of 11po i#1 Plan for
XINJTS.S `
TIG_'RD PL4?INING COIT-IISSION
May 5, 1931
Page 6
9i
'-i
Downtown Ash Avenue." He requested the council waive the 3500 fee, and
i, that the item be scheduled for the May 5 planning commission agenda.
The APPLICANT'S PRE32"INTATIO:J was initiated by Stephen Janik, attorney,
900 S',7 Fifth Ave., Portland. He opened with a request for clarification
of how the wafter of applicant's response to the city's traffic report,
received by them only 3Z hours before the meeting began, should be handled.
He felt it would be in order to hear the city's traffic study first so
a suitable response can be made. The president suggested some of the
other issues might be taken care of first, including the Ask. Avenue
situation, since this appeared to be the main interest of many in the
audience. He inquired of staff how the city's traffic study related to
Ash Avenue.
Howard then gave the history of the study, followed by the suggestion
the co= ssion grant the comprehensive plan revision on the Benson property
and the motel property, and- then grant planned unit development status
for C-3rI development for :the whole 16--acre site, since the lard uses are
appropriate and this is not an issue. Having done that, he suggested
talking about traffic, because he felt the Ash Avenue topic required
a joint meating between the commissicn and the council to resolve this
"hot" issue. The sensitive lands issue needs to be worked out by the
applicant and the park board, and can be handled at the next meeting at
the preliminary review or preliminary and general review, if everything
goes well at the staff level. Ee felt the traffic issue should be handled
at the next sheeting also because of the lack of time the applicant has
had to review the city's traffic study.
Janik felt the above suggestions were good, and asked to continue
with their prepared presentation, with the traffic issue to be resolved
at the next meeting. Speaker felt a decision on Ash Avenue--which would
necessarily t:ave to come .from the city council--would have to be made
before he could vote on the proposal. Funk disagreed, offering the
suggestion that Ash Avenue be barricaded at Hill Street, thereby allowing
full circulation on an extended Johnson Street and across Fanno Creel; on
an extended Ash Avenue without routing any traffic through the residential
neighborhood. There followed discussion on horn and when the various
issues would be handled.
Janik oDir..ed there are two Ash Avenue issues: whether it should be
extended across Fanno Creek, and whether Johnson Street should be extended
through the project to Ash. The first he felt is independent of and
should be settled without reference to this project; the second does have
a bearing on it. He then focused on the "anchor" to ;'lain Street, which
he said would promote a desirable business climate .for smaller shops on
Main Street. he stated what is not at issue here is an overall transporta-
tion plan for domatown Tigard. He felt the "control of the land" issue
was irrelevant--that before they can build they would have to solve that
MItlUT ES
TIGARD PLr3r?tING C%2-11SSION
May 5, 1981
Page
9.
problem. He touched on building coverage and landscaping. He stated
disagreement with certain statements in the staff report concerning
public review by NPO fl; the sensitive lands situation; the lease with
Western Oregon Marine; the alleged refusal by the applicant to consider
alternate traffic patterns; and the concerns of the park board.
Janik then introduced Stephen Domreis of Boutwell, Gordon, Beard
& Grimes, who illustrated the principal features of the development with
the aid of transparencies on an overhead projector.
Wayne Kittleson of CH2214-Hill Northwest, Inc., described the work his
firm has done over a period of time on the traffic problem, which is
su_•ama:ized in the traffic impact analysis submitted in the applicant's
written material. With the aid of the overhead projector he described
and illustrated graphically the traffic at various points in the "worst
case" afternoon rush hour time period. He discussed the "level of service"
at various intersections at present. Then he presented conditions they
calculate could prevail in,1985 with the project's impact on traffic at
the intersections and with the signals contemplated in the proposal.
He offered as a handout a copy of the slides presented.
Dave Larson of Mackenzie Engineering, Inc-,--with the aid of the
overhead projector, described the anticipated excavation and fill in the
floodplain, and the impact on the 100 year flood. Their study indicates
no impact on the carrying capacity of Fanno Creel-.. Speaker ascertained
that the "suggestion" that the park across the creel-, from the project
"could benefit from regrading and excavation" was made by the public worr.s
director. Bonn inquired the ownership of that land, Which is owned by
the city and about one-third by a private party with whom the applicant
is Rork-ing.
Janik requested (1) the traffic studies be set aside until the
general plan review when all have had time to study alternatives; (2)
approval of the PD designation and the two comprehensive plan changes.
The president then called for PUBLIC TE,STI_i•:O :Y limited to cpposition
Of the commission's consideration of the three items mentioned earlier
by staff for action at this meeting. Phil Edin, 13110 S'rf Ash Drive,
objected that the traffic study presented by CH-2-:41-Hill indicated a connec-
tion between Ash Avenue and the project. He related that to the compre-
hensive plan revision of the Benson property. Beth Blount, attorney
representing so-e of the Ash Avenue residents, stated these people
should be represented in staff meetings with the developer. Howard stated
the `!me £or them to participate in such discuszions would be at the
;Dist
ccmaission-council meeting, which would be an advertised public
aeeting. Gene Richman stated it was his uaderstanding the city council
had placed the deletion of KPO ;;i Policy 923 on the punning corz.•niszion
.g a-enda. Discussion of timing indicated the probability of a meeting
MINUTES
TIGA.RD PL.0111,NG COr2,1'ISSIOPf
May 5, 1931
Pape 10.
k. after the Jure 2 meeting on the preliminary-general plan review for this
project, after the joint meeting with the city council on Ash Avenue. .
There bei.nE no further testimony on the three rather limited actions
proposed for this meeting, the president closed the public hearing.
COXXISSEON DISCuSSIOIT A:1D ACTION: After so=e discussion as to
Precisely what was being voted on, Bonn MOVED approval of (1) Comprehensive
Plan Revision CPR 8-81, A-12 to C-3.1 (Benson property on Ash Avenue)
(2) Comprehensive Plan Revision CPR 9-81, C-5 to C-32.1 (Valencia Manor
Motel property); (3) Planned Unit Development designation, ZCPD 5-81 for
C-3:d PD development on the entire approximately 16-acre tract; and
(4) Approval of C-311 Zone uses in the planned development.
The motion was seconded by Funk. In further discussion, Helmer made
it very clear that there is no implied apprcval for configuration of the
buildings, use of flood platin, transportation pattern, etc., and thstt
these mist be worked out with staff before they return to us for preliminary
or preliminary-and-general flan review. (He and Funk favored two addi-
tional hearings.)
Speaker summarized ghat appeared to be the consensus, that the
applicant would resolve the concerns expressed in the staff report to the
g satisfaction of staff, whereupon he would return for either a preli-m-, any
review, or a preliminary and general plan review, if staff felt this to
be in order. Helmer still felt two hearings should be held. The motion
then carried unanimously.
Howard outlined the steps yet involved: joint public hearing on
Ash Avenue with the coWmission and the council; resolution at the staff
level of the several points yet un.esolved; then either one or two more
meetings before the commission, depending or. the ability to resolve
problems at the staff level. He estimated this could be done at a special
meeting toward the end of June or early in July.
OTHER HUSIIi ,SS: ,Speaker inquired about the propriety of the van
frequently parked at tt.e intersection of Hall and Durham Road bearing
a large sign advertising a foreign car shop. He asked if this was the
same outfit that came to us for a conditional use, at which time it was
made clear that no advertising would be perr:itted off his site. Fiarrard
stated he is working on it, together with the penny arcade matter in
Tigard Plaza.
The president adjourned the meeting at 11:55.