Loading...
Planning Commission Packet - 11/16/1976 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. AGENDA TIGARD PLANNING COMM& .)ION November 16, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 1 . CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF MINUTES : 4 . COMMUNICATIONS : 5. PUBLIC HEARINGS : 5 . 1 ZONE CHANGE ZC 10-76 (Kutsch) NPO III A request by Kutsch Enterprises, Inc. for, preliminary plan and program review of a 134 unit residential planned develop- ment on S .W. 115th. Avenue, south of S .W. Fonner Street . (Wash. Co . Tax Map 2S1 3DB, Tax Lots 200, 300, 400) . 5 .2 ZONE CHANGE ZC 11-76 (Denoux) NPO III A request by Serge Denoux to amend the zoning map from R-7 (single family) to A-2 (multi-family residential) for a 1 .92 acre parcel at 11030 S .W. Gaarde (Wash . Co . Tax Map 2S1 10A, Tax Lot 1500) . 5 . 3 CONDITIONAL USE Cu 30-76 (Wayside Inn) NPO IV A request by Way W. Lee for a conditional use permit to locate a four story motor-hotel on S .W. Pacific Highway north of S .W. 69th Avenue (Wash. Co . Tax Map 1S1 36AD, Tax Lot 6504) . 5 .4 CONDITONAL USE CU 31-76 (Davies) NPO VI A request by M.A.B . , Inc. and Robert Davies for a condi- tional use permit to locate a commercial/professional office building at 14050 S .W. Pacific Highway (Wash. Co . Tax Map 2S1 10A, Tax Lot 203) . 5.5 VARIANCE V-11-76 (Dahlin) NPO VI A request by Alfred D. Dahlin for a variance to the back yard setback in a R-7 planned development (single family) at 15780 S .W. Highland Ct. (Wash. Co . Tax Map 2S1 10DD, Tax Lot 8400) . 5.6 CONDITIONAL USE PERMIT CU 15-72 (Willamette Industries) NPO II Review of a site plan for compliance with original conditions. attached to permit a lumber yard at S .W. Johnson St. and S .W. Pacific Highway (Wash. Co Tax Map 2S1 2BA, Tax Lot 1200) 6. OTHER BUSINESS: 6.1 Report on City Council actions 7. ADJOURNMENT: Nit .t MINUTES TIGARD PLANNING COMMISSION November 16, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 1. CALL TO ORDER: The meeting was called to order at 7: 30 by Chairman Popp. 2. ROLL CALL: Present: Moore, Phillips, Wood, Sakata, Tepedino, Krause, Popp and Nicoli . Excused Absence: Goldbach Staff : Daniels, Edwards 3. APPROVAL OF MINUTES : Approved minutes of 11/2/76. Nicoli brought it to the attention of the Commission that while absent at the beginning of the meeting he was present shortly thereafter. 4. COMMUNICATIONS: None 5. PUBLIC HEARINGS : 5.1 ZONE CHANGE ZC 10-76 (Kutsch) NPO III A request by Kutsch Enterprises, Inc. for preliminary plan and program review of a 134 unit residential planned develop- '', ment on S .W. 115th Avenue, south of S .W. Fonner Street . (Wash . Co. Tax Map 2S1 3DB, Tax Lots 200, 300, 400) . A. Staff Report : Read by Daniels Cross Examination: o Bibianne Scheckla, Neighborhood Planning Organization (NPO) III member, and Tom Hooz asked if the 1975 traffic study had been updated since Terrace Trails had been developed. o Staff replied that it had not . Staff added that Terrace Trails is so designed to become a through street and thereby decrease the traffic load. o Karen Thorne asked what was the floodplain status of the land. o Staff replied that the Army Corp of Engineers in deter- mining the status of the Fanno Creek flood plain had not extended their study beyond Walnut Street , however historical information showed that there was a localized drainage problem. o Staff stated that a portion of 115th in the City was improved, but the portion abutting the property in the county was unimproved. ��x MINUTES f' TIGARD PLANNING COMMI&,ION November 16, 1976 Page 2 o Harry Chapman questioned the adequacy of 115th Avenue, S .W. Gaarde Street and S ,W. Fonner Street . o Staff replied that S .W. 115th was designed to support the traffic load but Gaarde and Fonner in their pre- sent condition were not . B. Applicant ' s Presentation : Larry Bauer of Bauer and Associates o presented the Genesis Planned Development, stated that 70% of the existing trees would 'be saved, that the deed covenants would be written with the intent to preserve the natural beauty of the site, and that 5 acres of the development would be permanent open space for passive recreation. o informed the Commission that because of the concerns of NPO III the number of residences would be re- duced from 133 to 123 which would result in a 9% traffic volume reduction. Cross Examination : o Maurice Marzirreck asked if the homes would be governed by a design review board. o Bauer replied that a three member architectural review committee would be formed consisting of one member of the City Planning Staff, Mr . Kutsch , and one member of the neighborhood. o Harry Chapman asked if any 0 lot line homes were planned. o Bauer replied that they had been eliminated from the plan . o Nancy Black asked for the approximate market value of the homes . o Bauer stated that they would be between $60 - 90,000 . o Eleanor Quimby expressed concern over the density and minimum lot size of the development . o Bauer stated that the density would be 3 .5 units per acre, an average lot size of 8500 sq. ft . With a lot size range of 6,000 sq ft . - 11,000 sq. ft. and that all 6,000 sq . ft . lots abutted open space. 41 o Bibianne Scheckla expressed concern over cul-de-sac length and street Width. • MINUTES TIGARD PLANNING COMMISSION November 16, 1976 Page 3 o Commissioner Krause stated that there was a definite need for more parking space along the cul-de-sacs. C. Public Testimony: In favor: Dick Kluempke, Chairman of NPO III , stated that the proposed planned development is in conformance with the NPO III plan. o Bob Samuels, general contractor, and Howard Rafte, stated that a planned development would be the only way to preserve the natural beauty of the site. o Dick Matthew Edwards Industries, stated that develop- ment of this parcel would help eliminate many of the undesirable activities presently occuring on the site. In opposition : o Eleanor Quimby stated: o that many elements of the plan were not in con- ` ' formance with NPO policy o that the development was not receiving enough amenities to warrant the density increase. o Don Osborne asked that some of the traffic be channeled onto S .W. Fairhaven . o Maurice Marzineck asked that the density be no higher ['; than 105 units. o John Chandler asked that some arrangements be made so that school pedestrian traffic would not be cutting ql through adjacent yards . o Bibianne Scheckla asked that the fire department comment on the cul-de-sac specification. D. Staff Recommendation: Staff recommends approval with the following conditions: 1 . Drainage to be reviewed by Director of Public Works li prior to submission for General Plan and Program. 01 2 . General Plan and Program develop alternatives to lessen the existing conflict between pedestrians/ bicyclists and automobiles. r k. • ,• ' • r MINUTES �c.., TIGARD PLANNING COMMISSION 0 November 16, 1976 Page 4 a4 3. Provision be investigated to provide for easterly `'' pedestrian traffic. r' o Bauer stated that the developer would improve S.W. 115th to the north property line . E. Neil Peterson, applicant ' s engineer, described the concept of the pond system and stated that a detailed study was in process of being done . o Phillips asked that additional parking spaces be provided as on Ambiance Street . o Krause asked that some type of mosquito control be q provided. o Sakata asked that some type of mini playgrounds be provided. 1 Krause moved and Wood seconded to approve the proposal ;:I with the three staff recommendations plus the following: 4 . Increased parking be provided on the cul-de-sac. 5. A minimum of three play areas be incorporated into the plan without a decrease in the minimum or average lot size . ::::. 6. Investigate egress onto a street other than 115th. . The motion was approved by unanimous voice vote. 5 .2 ZONE CHANGE ZC 11-76 (Denoux) NPO III A request by Serge Denoux to amend the zoning map from R-7 (single family) to A-2 (multi-family residential) for a 1 .92 acre parcel at 11030 S .W. Gaarde (Wash. Co. Tax Map 2S1 10A, Tax Lot 1500) . A. Staff Report : Read by Daniels o Staff pointed out that the zone change would open the possibility for any of the uses listed in the l' A-Z section of the Tigard Municipal Code. Cross Examination: r' o Bibianne Scheckla asked that the proposal be tabled until it could be reviewed by NPO III tc o Dick Kluempke, chairman of NPO III , stated that the proposal had been on the agenda for the NPO study session but because of the late hour of their last ' meeting it had not been reviewed. However a tele- phone survey of NPO members indicated that there A MINUTES C TIGARD PLANNING COMMISSION November 16, 1976 Page 5 was no reason the matter could not be heard by the Planning Commission. B, Applicant 's Presentation : o Mr. Bowman, architect, presented the proposal and stated that the proposed use would be multi-family units. o Staff asked that the applicant 's letter be designated as exhibit "A" and the plan as exhibit "B" . Cross Examination : o Nancy Stimlar asked if the proposed access would be on Gaarde, o Bowman stated that vehicular access would be on Gaarde plus a pedestrian/bike path to Canterbury Shopping Center . C. Public Testimony: In favor - None In opposition : o Bibianne Scheckla asked that NPO III be allowed an opportunity to study the impact . I z, o Nancy Stimlar asked that the development not be allowed until the traffic problem was resolved. o Bruce Anderson asked that a specific plan be pro- posed for the lot. D. Staff Recommendation: o Staff requested that the matter be tabled or that if it was approved the following conditions be attached: �s. 1. That a half street improvement be provided on Gaarde according to the collector standard provided in the Neighborhood Plan. 2. That additional ten feet of right-of-way be ; dedicated for street improvement purposes. s:{ 3. That final development plans include a pedestrian/ 1 ir bike easement and path from Gaarde to the Canter- bury Shopping Center. � P s MINUTES ., TIGARD PLANNING COMMISSION November 16, 1976 Page 6 E. Commission Discussion: o Moore asked if there was a need for apartment units in the area. o Ben Suppes , applicant 's architect , stated that a survey of the Colonies, Heritage, and adjacent apartments units were filled to capacity and had a waiting list . o Krause noted that the P.G.E . study showed that Tigard had the highest apartment vacancy rate in the Portland metro area. Krause moved and Sakata seconded to deny the request based on lack of need for apartments. The motion failed in a 2 to 6 roll call vote with Moore, Phillips, Wood, Tepedino, Popp and Nicoll, dissenting. Tepedino moved and Moore seconded to table the proposal until a more thorough study as to the need for more apartment zoning could be done and the NPO has had a chance to review the matter. gg o Popp asked the applicant to consider play areas in the new proposal . The motion was aproved by unanimous voice vote. 5 . 3 CONDITIONAL USE CU 30-76 (Wayside Inn) NPO IV A request by Way W. Lee for a conditional use permit to >} locate a four story motor-hotel on S .W. Pacific Highway north of S .W. 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6504) . o Staff informed the Commission of the past history of the site and the prior conditional use . The Commission unanimously agreed to view this as a new submission in that the present proposal is substantially different than that which was earlier approved and the character t of the area is different than when initially approved. A. Staff Report : Read by Daniels r? o Staff asked that the plan be labeled .e thibit "A" and the staff report exhibit "B". B. Applicant 's Presentation: f1 o McDonald, representing the applicant, stated that he had been informed by the Highway Division that joint access with the Mobil station would not be permitted. 1MINUTES �q..., 'Y TIGARD PLANNING COMMISSION November 16, 1976 Page 7 o Ken Cole, architect , stated that there was no advantage to continuing S .W. 69th, that the traffic impact would be 360 trips a day and that the total height of the building would be 34 ' - 38 ' with the parapet roof. o Popp asked if there would be a restaurant in the motel . o Applicant replied that none was planned. C. Public Testimony: None D. Staff Recommendations: Staff recommends approval with the following conditions : 1 . The access onto S .W. Pacific Highway be combined with the existing Mobil access point . 2. Primary access to the motel be provided on S .W. 69th Avenue with the parking lot driveway connect- ing to it on the south. 3. S.W. 69th Avenue be developed on a 60 ' right-of-way to City commercial street standards. The location for continuance through to the triangle to be approved by the Director of Public Works . 4. A traffic light to State Highway Division standards be placed at the intersection of S .W. 69th Avenue and S .W. Pacific Highway. • o Staff asked recommendations one and four read "with Highway Department approval . " o Phillips asked that condition #5 be added to read "request be limited to one building, maximum of 40 and 4 stories." E. Commission Discussion : o Discussion on the need for access onto Pacific be- sides S .W. 69th . o Cole stated that there was an existing 'curb cut, and that the access was necessary for financial backing. o Moore stated that in order to comply with the comp- rehensive plan no new access on Pacific should be allowed. Moore moved and Krause seconded to approve the proposal AMINUTES Y TIGARD PLANNING COMMI -.ION November 16, 1976 Page 8 with the staff recommendation deleting #1 and adding #5 - one building, maximum four stories, maximum 40 ' and #6 limiting access only from S .W. 69th. The motion failed in a 2 to 6 vote . Popp, Sakata, Tepedino, Wood, Nicoli and Phillips dissenting. Tepedino moved and Nicoli seconded to approve the p rop osal with staff recommendations 1 - 4 adding #5 one building maximum 40 ' - 4 stories, #1 be amended to read right turn only, and #6 the secondary access point (between Mobil and Wayside Inn) will not be designated by a sign encouraging its use . The motion was approved by unanimous voice vote . 5.4 CONDITIONAL USE CU 31-76 (Davies) NPO VI A request by M.A .B. , Inc. and Robert Davies for a condi- tional use permit to locate a commercial/professional office building at 14050 S.W. Pacific Highway (Wash. Co . Tax Map 2S1 10A, Tax Lot 203) . A. Staff Report : Read by Daniels (,, B. Applicant ' s Presentation : Rod Adams presented the plan and stated: is o that the existing building would be replaced with a 10,000 sq. ft . building, which would be used entirely as an administrative office. o that the proposed sign would be 9 '5" x 5" o the proposed use would draw less traffic than any other commercial use. C. Public Testimony: None D. Staff Recommendations : o Staff asked that the staff report be labeled exhibit "A" and the plan exhibit "B" . Staff recommends approval with the following condition: 1. Drainage plan be in accordance with State,Highway Division recommendation and approved by Tigard` Director of Public Works. E . Commission Discussion: Sakata moved and Phillips seconded that the proposal be approved with the staff recommendations . r MINUTES {a TIGARD PLANNING COMMISSION November 16, 1976 Page 9 " 5.5 VARIANCE V-11-76 (Dahlin) NPO VI e uest Alfred D. Dahlin for a variance to the back A r b q by yard setback in a R-7 planned development (single family) at 15780 S .W. Highland Ct . (Wash . Co. Tax Map 2S1 10DD, Tax Lot 8400) . Chairman Popp read a letter submitted by Commissioner Krause from Tualatin Development Company stating that a 5 ' back yard easement would be granted to Mr. Dahlin. A. Staff Report : Read by Edwards B. Applicant ' s Presentation : o Mr. Dahlin, applicant , stated a need for patio cover and the unusual site conditions . o Ted Slanker stated that Mr. Dahlin had provided a sprinkler system and landscaping 12 ' beyond his lot line . C. Staff Recommendation: Staff recommends denial for the following reason : The conditions necessary to grant a variance as stated in Section 18. 76 .020 had not been shown to exist . D. Commission Discussion: Moore moved and Tepedino seconded to approve the pro- posal . The motion was approved with Phillips dissenting and Sakata and Krause abstaining. 5 .6 CONDITIONAL USE PERMIT CU 15-72 (Willamette Industries) Review of a site plan for compliance with original condi- tions attached to permit a lumber yard at S.W. Johnson St. and S .W. Pacific Highway (Wash. Co . Tax Map 2S1 2BA, Tax Lot 1200) . A. Staff Report : o Daniels gave a verbal staff report and presented the revised site plan. B. Applicant ' s Presentation: • o Chuck Rouse demonstrated the traffic circulation pattern and stated the need of having heavy traffic MINUTES' TIGARD PLANNING COMMISSION November 16, 1976 Page 10 seperated from retail traffic. o Staff informed the Commission that nothing had been decided on the sign , bike path, access and egress . C. Public Testimony: None D. Commission Discussion : o Chuck Rouse informed the Commission that he would try to satisfy the intent of the conditional use as long as it did not change the complexion of the sale . Popp moved and Krause seconded to review the traffic situation in one year. If it should prove to be a hazardous situation then it should be provided only via S .W. Johnson Street and this approval is in supplement to and is not intended to relieve the applicant of any responsibility for the 10 ' bike path easement . The motion was approved by unanimous voice vote. Popp directed staff to write Willamette Industries with a complete list of the remaining conditions to be fulfilled. ' 6 . OTHER BUSINESS - NONE There being no other business the meeting was adjourned at 15 AM. is } STAFF REPORT AGENDA 5 .1 TIGARD PLANNING COMMISSION November 16, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 SW 97th Avenue - Tigard, Oregon DOCKET: ZONE CHANGE ZC 10-76 NPO III REQUEST: Review of a preliminary plan and program for a 134 unit residential planned development . LOCATION: On S .W. 115th Avenue south of S .W. Fonner Street (Wash. Co. Tax Map 2S1 3DB, Tax Lots 200, 300, 400) APPLICANT: Kutsch Enterprises/Lawrence Bauer & Associates I . BASIC FACTS : 1 . The site is designated "Suburban Density Residential 3-4 units/acre" and zoned "R-10, Single Family Residential" . 2. Section 18.56 .010 of the Tigard Municipal Code states that : "18 .56.010 Purpose. The purpose of the planned development district is to provide opportunities to create more desirable environments through the application of flexible and diver- sified land development standards under a comprehensive plan and program professionally prepared. The planned development district is intended to be used to encourage the application of new techniques and new technology to community development which will result in superior living or development arrange- ments with lasting values . It is further intended to achieve economies in land development, maintenance, street systems and utility networks while providing building groupings for privacy, usable and attractive open spaces, safe circulation and the general well-being of the inhabitants. " 3. Section 18.56,020 provides for preliminary plan and program review by the Planning Commission and requires that such review be based upon the comprehensive plan , the standards of this title and other regulations and the suitability of the proposed development in relation to the character of the area. II . FINDINGS : 1 . The applicant is requesting preliminary plan and program review of a proposed 134 unit residential planned development on 35 acres west of S .W. 115th Avenue south of S .W. Fonner Street in accordance with Section 18.56.020 of the Tigard Municipal Code. 2. The proposed project is within NPO III which reviewed the `- project and has stated "that they have met with: the developer and he has stated that he would be willing to reduce the density and eliminate the 10 zero-lot line build- y • ; STAFF REPORT _ ; AGENDA 5.1 Tigard Planning Commission November 16, 1976 Page 2 ings . NPO III favors this course and also encourages the following--soften the traffic impact to 115th Avenue and surrounding streets; increase visibility into, widen and make more useful the open space to be dedicated; more detail on the lakes be developed to prevent them from becoming a "mosquito infested mud flat" during the summer . 3 . This 35 acre site is multi-sloped being bisected by 2 creeks with corresponding slopes to higher. ground. The site is predominately forested with dense underbrush and one single family residence . 4. The site is bordered on the west, east and south by residen- tial subdivisions and large lot residences on the north . 5. The 134 units could be projected to provide housing oppor- tunities for 380 - 400 people and can be expected to generate about 1000 - 1300 vehicles trips/day. These estimates are valid for any development within the density limitation pre- scribed by Neighborhood Plan III. 6. A sewer trunk line passes through the site within a 15 ' easement . The existing line presently has the capacity to handle the anticipated load. 7. A 6" water main line is in S .W. 115th Avenue, S .W. Fairhaven Street and S .W. Mira Court . Mr . Bob Santee, Manger of the Tigard Water District , has stated that water is available to service the site . 8. S .W. 115th Avenue is designated a local street in Neighborhood Plan III with a 50' right-of-way . No additional right-of-way is necessary to meet the requirements of the NP III or the Tigard Municipal Code. The latest traffic counts (1975) for S .W . 115th is 423 vehicles/day. A local street is designed to handle 1500 vehicles/day . Thus the capacity of S ,W. 115th Street will not be exceeded by the development of this parcel at the proposed density of 3.8 dwelling units/acre . N' 9. The Neighborhood Planning Organization (NPO) Plan proposes that no new streets be constructed in the neighborhood. Therefore, the plan precludes the possibility of any new z, streets to distribute the traffic load resulting from the development of this and adjacent vacant parcels. A proposal made by Carl Buttke, Consulting Traffic Engineer, to extend 115th to Walnut Street would have decreased the traffic volumes on Fonner by 800 vehicles per day by 1990 but was judged an undesirable routing by the NPO. 10. The chart below exhibits the existing traffic load and capacity when full developed of the surrounding streets.} STAFF REPORT . AGENDA 5.1 Tigard Planning Commission November 16, 1976 Page 3 Street 1975 Count Existing Capacity (vehicles/day) Pavement Width S .W. Gaarde St . at 115th Avenue 3067 20' 1500-6000 @ 30 ' width with no parking SW 115th at 483 34 ' 1500 SW Fairhaven @ 34 ' width SW Fonner St . south 585 20- 24 ' 1500 of SW Walnut St @ 34 ' width SW Walnut St. between 4070 28 ' 1500-6000 Fonner St and Tiedeman @ 36 ' width A problem does exist for traffic on SW Gaarde Street and SW Fonner Street where their present conditions do not facilitate pedestrian traffic and are substandard in its ability to carry the anticipated vehicular load, parking and pedestrian traffic. 11 . The closest developed parks are Jack Park on S .W. Walnut St . (Z mile) and Woodard Park on Fanno Creek at S .W. Brookside Avenue (1 mile) . This proposal involves the creation and dedication of a one mile lineal open space area with a bike/pedestrian path which will become a part of the City 's greenway system. Completion of this section of the green- way will contribute a major portion of that system. 12 . This site is within the school district boundaries for Charles F. Tigard Elementary School on S.W . Grant Street, approximately 2 mile east. The school district has reported that C.F. Tigard is presently 120 students over their 583 capacity. A 10 acre site at S .W. 124th Avenue and Katherine Street has been acquired and construction is anticipated within two years if the upcoming bond levy is approved. With- out bond approval in April 1977 the capacity of the school district to provide educational facilities is exceeded. 134 single family homes can be expected to generate .95 students/ home within .65 of elementary school age or 83 new children when fully developed. 13. As proposed, the overall density is lower than the adjacent 1 subdivision . 14 . Applicable policies and portions of NP III are : Policy 4. "Protect the existing suburban character of this portion of the Neighborhood from encroachment by higher density developments. The maximum overall STAFF REPORT k: . AGENDA 5.1 Tigard Planning Commission November 16, 1976 Page 47 density of development will be 3 dwelling units or 9 persons per gross acre . A higher density of 4 units or 12 persons per gross acre is a possibility within an approved planned unit development. Conformance - The request for. 3. 8 units/acre is less than the maximum allowed. Policy 5. Residential subdivisions will be developed with paved streets, curbs and gutters, street lights and walkways according to City or county standards. All utilities will be placed underground. Conformance - The request involves paved streets to a standard to be approved by the Planning Commission as part of the planned developed process. Policy 6 . Development will coincide with the provision of public streets, water and sewage facilities . These facilities shall be (a) capable of adequately serving development and (b) designed to meet City or county standards . Conformance - S .W. 115th Avenue water and sewer lines are in place to City standards and are adequate to facilitate the proposal . Policy 25. When land is developed and includes a designated bicycle/path route, easements should be granted to the City . In cases where development increases the need for the path, construction should also be required. Conformance - The proposal is to construct one mile of bike paths in the greenway area designated on the NP III and dedicate the greenway to the City . Policy 26. Any street improvement project in the Neighborhood should include facilities for the pedestrian and the bicyclist . Conformance - In addition to the greenway bike path side- walks are included. Policy 27. Any development along stream channels for recrea- tional purposes should not disturb existing trees. In places where trees are absent , some should be planted. The greenways are not suited for intensive 4r recreational development and should be restricted to an all-weather path and passive areas for rest- ing, picnicing and related activities. ' STAFF REPORT k. , AGENDA 5.1 Tigard Planning Commission November 16, 1976 Page 5 Conformance - The proposal does not project intensive recreational facilities but rather a passive setting. III . STAFF RECOMMENDATION: To be advised. • II to STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION November 16, 1976 - 7: 30 P.M. • Twlaity Junior High School - Lecture Room ' 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: ZONE CHANGE ZC 11-76 (Denoux) REQUEST: To change the zone from R-7 to A-2 on 1 .92 acre parcel at 11030 S .W. Gaarde (Tax Map 281 10A, Tax Lot 1500) . APPLICANT: Serge Denoux, 7548 S .W. 17th Drive - Portland f H I . BASIC FACTS : 1 . The Neighborhood Plan III designates this area for multi-- s. .family development . 2. The site is presently zoned R-7; properties to the east and west are zoned A-2; the property across Gaarde to the north is zoned R-7 but planned for eventual A-2 zoning on the Neighborhood Plan. 3. The parcel is presently occupied by one single family residence. II . FINDINGS : 1 . The Neighborhood Planning Organization III Plan designates this site for multi-family use with a maximum density of 12 dwelling units/acre . 2 . Policies #9 and 10 of the Plan state : hF Policy 9. Urban medium density residential areas will be developed with paved streets, curbs and gutters and walkways, according to City or county standards. All utilities will be placed under- ground. Policy 10. Development will coincide with the provision of public streets, water and sewage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet City or county standards. t,. 3. The site is presently served by sewer, water and power but pr Gaarde Street does not conform to City street standards V 4. Policy #11 of the NPO Plan encourages planned unit develop- �+ ments in projects exceeding ten units. However, while the ten unit limit is being exceeded the lack of topographic and vegetative uniqueness exhibited by this site leads , staff to question the validity of going the planned unit development route. I I, t. .. _ STAFF REPORT .:: AGENDA 5.2 k'' Tigard Planning Commission } November 16, 1976 t., la Page 2 1, 4' 5. The remaining NPO multi-family policies (12 thru 15) deal with design and aesthetic issues which are within the 1. purview of the Design Review Board. 6. There is a community need for a pedestrian/bicycle pathway from Gaarde into the Canterbury Shopping Center. III . STAFF RECOMMENDATION: To be advised. 1` V` f } .'i i 4: , iS, t, r i; 1 r STAFF REPORT AGENDA 5.2 %, TIGARD PLANNING COMMISSION December 7, 1976 STAFF RECOMMENDATION: Staff recommends approval with the following conditions: 1 . That a half street improvement be provided on Gaarde according to the collector standard pro- vided in the Neighborhood Plan , 2 . That additional ten feet of right-of-way be dedicated for street improvement purposes . 3. That final development plans include a pedestrian/ bike easement and path. from Gaarde to the Canterbury Shopping Center . C I h 1 . STAFF REPORT AGENDA 5 . 3 TIGARD PLANNING COMMISSION C' NL November 16, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 SW 97th Avenue - Tigard, Oregon DOCKET: CU 30-76 (Wayside Inn) NPO IV REQUEST: To permit a four story motor-hotel . r' LOCATION: S .W. Pacific Highway north of S .W. 69th Avenue (Wash . Co. Tax Map 1S1 36AD, Tax Lot 6504) . APPLICANT: Way W. Lee I . BASIC FACTS : 1 . The site is zoned C-3 (general commercial) and designated General Commercial according to the Tigard Community Plan. 2. Tigard Community Plan states the following: o "Permit additional business uses that seek highway loca- tions to develop sites oriented to adjacent access streets. " o "Strict regulation of the number and location of vehicle access points . " Ij o "Zoning regulations will limit the range of allowed uses �# in the 'general commercial ' areas designated at freeway interchanges to those uses which are dependent on those locations and that provide a convenience to motorists . " 3. 18.28.010 (12) lists motels as a permitted uses in a C-3 zone. 4. 18.28 .050 states "No building in the C-3 zone shall exceed a height of three stories or 35 feet whichever is less. " 5. 18.12 . 110 (b) "Building heights in any zone may be increased as a conditional use to a maximum permitted height of 75 feet provided that the total floor area of the buildings does not exceed the area requirement of the zone (if any) . . . " 6. On August 21 , 1973 the Tigard Planning Commission approved a request (CU 14-73) by Way W. Lee to construct a motor hotel to a height of 75 feet . Conditions attached to this approval were: A. "As part of the submitted material with the site develop- ment plan the applicant shall submit a visual impact [ analysis of the proposed plan. " B. "No wall signs or identification be above the 35 ' level . " 7. 18. 72.030 If a conditional use is approved fJ pproved by the Planning ' STAFF REPORT AGENDA 5. 3 Tigard Planning Commission w November 16, 1976 Page 2 Commission and then is not exercised, it shall expire in one year from the date of approval if the use has not begun and continual progress toward its full opera- tion is not in evidence. " II . FINDINGS : 1 . The applicant is requesting permission to construct a four story motel on S .W. Pacific Highway. 2 . The previously issued permit has since expired due to the lack of construction within one year as required by Section 18. 72 .030 of the Tigard Municipal Code. This request is significantly different than the original conditional use for the following reasons : 1 . The motel was initailly a part of a larger complex. The restaurant is now a separate building on a separate tax lot. 2 . Conditions in the general neighborhood have changed. 3. When originally subdivided it was intended that S .W. 69th Avenue would serve as the primary access to the develop- ment of this area and continue through to the triangle. Any access onto S .W. Pacific Highway should be secondary • in nature and right turn only. 4. The addition of the fourth story increases the intensity of use on the site making Planning Commission review necessary to assure the adequacy of the supporting facili- ties (water, sewer, streets) as well as compatability with the surrounding area. 5 . The site plan envisions the addition of another access point onto S.W. Pacific Highway. This is contrary to the goals of the Tigard Community Plan combining the access with the one for the Mobil service station would be further those goals . Mobil Oil Company has expressed an interest in such a combination . 6. No direct connection with S .W. 69th Avenue is shown on the site plan yet it is to function as the primary access. 7. S .W. 69th Avenue is stubbed out to this site. A 50 ' right- of-way is shown for continuance onto the site. It should be dedicated and improved through the site for connection through to the south generally following the topography. 41 8 . A condition of the original conditional use permit was the participation in a street light at S .W. 69th Avenue and S .W. Pacific Highway. The intensity of development as proposed in addition to the existing situation requires • STAFF REPORT AGENDA 5.3 ' Tigard Planning Commission November 16, 1976 ¢' Page 3 a traffic light at this time. Moving the primary access through the controlled intersection will greatly improve !` the existing situation as well as platooning the traffic creating opportunities for the secondary access movements . 9. The site slopes sharply south away from S .W. Pacific ;I Highway and will result in the top 5' of the motel being above the crown on S .W. Pacific Highway. 10. The motel will be most visible from the southwest . The >I building has been located on the site to minimize the amount exposed. III . STAFF RECOMMENDATIONS: To be advised. is ii 4 • 7: Ar 6 i 'STAFF REPORT Agenda 5 3 `" Tigard Planning Commission November 16, 1976 r STAFF RECOMMENDATIONS : Staff recommends approval with the following conditions : 1 . The access onto S .W. Pacific Highway be combined with the existing Mobil access point . 2 . Primary access to the motel be provided on S .W. 69th Avenue with the parking lot driveway connecting to it on the south. 3. S.W. 69th Avenue be developed on a 60' right-of-way to City commercial street standards . The location for continuance through to the triangle to be approved by the Director of Public Works. 4. A traffic light to State Highway Division standards be placed at the intersection of S .W. 69th Avenue and S .W. Pacific Highway. 4 1 STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION November 16, 1976 - 7 : 30 P.M. Twality Junior High School - Lecture Room 14650 SW 97th Avenue - Tigard, Oregon DOCKET: CU 31-76 (Davies) REQUEST: To locate a professional and commercial office building in a C-4, Neighborhood Commercial zone . LOCATION: On S .W. Pacific Highway south of S .W. McDonald Street (Wash. Co . Tax Map 2S1 10A, Tax Lot 203, 205) . APPLICANT: M.A.B. , Inc. and Robert Davies I . BASIC FACTS : 1 . The site is designated "Residential-Commercial" on the t. Tigard Community Plan and zoned "C-4, Neighborhood Commercial . " 2. Section 18.32.020 (9) permits "Doctor or dentist and professional or commercial office" as a conditional use in the C-4 zone. II . FINDINGS : 1 . The applicant is requesting permission to locate a 10,000 square foot general purpose professional and commercial office building to house the administrative offices as well as a sales office for the Bill Snyder Realty Company . 2. The site slopes gently up, away from Pacific Highway. 3. The surrounding land uses are a service station , small quick-stop grocery and convalescent home . 4 . An office is generally considered a low traffic generator and is of the type to be encouraged to locate along Pacific Highway. All new traffic will utilize existing curb cuts . 5. Section 18 .56 of the Tigard Municipal Code requires one parking space/350 ' gross floor area The site plan shows 41 parking spaces available whereas 29 are required. 6. The site plan shows on-site drainage to be surface drained. The Director of Public Works has stated that this is inadequate . The Highway Division of the Oregon Department of Transportation requires outfall permits to place drain water into the highway right-of-way. They reviewed the request on 10/26 and have stated that a 12" pipe outside the curb be connected to the storm sewer in S .W . McDonald. This requires catch basins within the site 7. The site plan shows a new free standing sign but no dimensions or materials are provided. The sign should be architecturally compatable with the building: STAFF REPORT _. .,.. AGENDA 5.4 Tigard Planning Commission November 16, 1976 0:, Page 2 III . CONCLUSIONARY FINDINGS : 1. The proposal conforms with the Tigard Community Plan by utilizing existing curb cuts and being low traffic generating. 2. There is a public need to locate low traffic generating uses instead of higher generating ones along S.W. Pacific Highway and this particular site is not adverse to the type of use proposed. 3. The proposal will have minimal impact on surrounding uses and less of an adverse impact than other uses allowed in the C-4 zone. IV. STAFF RECOMMENDATION: To be advised. STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION November 16, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W . 97th Avenue - Tigard, Oregon DOCKET: V-11-76 (Dahlin) NPO VI REQUEST: A request by Alfred D. Dahlin for a variance to the back yard setback in a R-7 planned development (single family) . LOCATION: 15780 S .W. Highland Court (Wash. Co . Tax Map 2S1 TODD, Tax Lot 8400) . I . BASIC FACTS : 1 . The site is designated "Urban Low Density Residential" on the Tigard Community Plan and zoned R-7 Planned develop- ment (single family) . 2. On February 3, 1973 the Summerfield Planned Development was approved with 8 ' minimum rear yard setback for single family residences . 3. Declaration and Restrictions of Summerfield Planned Develop- ment states the following: 1 .2 "No exterior alteration or addition shall be made to any premises without prior written approval as provided in Section 1 . 11 . " 1 . 3 "On any lot abutting the golf course no fence, wall , ridges or other structure shall be placed or maintained or exist parallel to the golf course property line. . .No fence, hedge, structure, or wall (other than retaining wall) over 24" in height shall exist outside the setback line . . . Variances or exceptions may be allowed if approved as pro- vided in Section 1 .11 . " 1 . 11 "Authority to grant or extend exceptions, variances. . . shall be exclusively. . . in the Summerfield Civic Association." 4 . Section 18.76. 010 of the Tigard Municipal Code authorizes the Planning Commission to grant variances from Title 17 (zoning) and Section 18.76.020 states "No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist : "No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist : I) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which donti- tions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control; STAFF REPORT Agenda 5.5 Tigard Planning Commission November 16, 1976 ask: Page 2 2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity; 3) The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the pro- perty is located, or be otherwise detrimental to the objectives of any city development plan or policy; 4) The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship . " II . FINDINGS : 1. The applicant is requesting to put an aluminum cover over an existing patio slab. 2. The rear lot line abuts the golf course. The proposed structure would require a 0 rear lot line setback. tr 3. The conditions and restrictions of Summerfield express concern over any type of structure abutting the golf course. 4 . The applicant has provided proof that the proposed structure has been approved by the Summerfield Civic Association in compliance with Section 1 .11 of their bylaws. 5. No exceptional or extraordinary conditions exist . 6. The variances is not necessary to preserve the property right of the applicant . 7. The Planned Development was granted the right to vary the minimum rear yard setback from 15 ' to 8' , granting a 0' rear yard setback would be in conflict with the planned development . III . STAFF RECOMMENDATION: To be advised. •••• • • .. „ STAFF REPORT • Agenda 5 ,5 , Tigard Planning Commission November 16, 1976 i•• • RECOMMENDATIONS : Staff recommends denial for the following reason: The conditions necessary to grant a variance as stated in Section 18. 76.020 have not been shown to exist . • . • ( „.„ • . • • • • • , • , • m _• • . . •