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Planning Commission Packet - 01/04/1977 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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 COMMISSION January 4, 1977 - 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 16-76 (City of Tigard) NPO VI A request by the City of Tigard to assign City zoning regulations to a recently annexed 3. 39 acre parcel on S .W . 98th Avenue, north of S.W . Murdock Street . (Wash. Co. Tax Map 281 11BD, Tax Lot 200) . 5.2 ZONE CHANGE ZC 15-76 (Allan Patterson) NPO VII A request by Allan Patterson to amend the zoning map from C-5 (Limited Neighborhood Commercial) to R-7 (Single Family Residential) for a 4 .79 acre parcel at S .W. 121st . (Wash. Co . Tax Map 1S1 34C, Tax Lot 1100) . 5. 3 CONDITIONAL USE CU 36-76 (Patterson) NPO VII A request by Allan Patterson for a conditional use permit to locate duplexes in a R-7 zone (Single Family Residential) 4 .79 acre parcel at S.W. 121st . (Wash. Co. Tax Map 1S1 34C, Tax Lot 1100) . 5.4 CONDITIONAL USE CU 35-76 (Fought & Company) A request by Fought & Company to locate railroad trackage and outside storage in an M-2, General Industrial zone on S.W. 72nd Avenue, north of S .W. Bonita Road.. 6. SUBDIVISIONS : 6. 1 SUBDIVISION S-14-76 (Cloud Cap) NPO VI A request by Waverly Construction Company to create r�1 a 14 lot residential subdivision with an average lot size of 7500 sq. ft . at S .W. Pembrook Street and S .W . 97th Avenue. (Wash. Co . Tax Map 2S1 11BD, Tax Lot t� $`s 200) . C `- �_a AGENDA N' TIGARD PLANNING COMMISSION January 4, 1977 Page 2 6 .2 SUBDIVISION 5-13-76 (Fairhaven) NPO III A request by Barnum Homes Inc . to create an eight lot residential subdivision with an average lot size of 15, 000 sq. ft . at S .W. Fairhaven Street . (Wash. Co. Tax Map 2S1 3DC, Tax Lot 700) . 6. 3 SUBDIVISION 5-12--76 (Merestone) NPO VII A request by Allan Patterson to create a 13 lot subdivision with an average lot size of 7500 sq. ft . at S .W. 121st and Merestone Ct . (Wash. Co . Tax Map 1S1 34C, Tax Lot 1100) . - , 7. MISCELLANEOUS : 7. 1 NEIGHBORHOOD PLAN INTERPRETATION NP I : A staff request for an interpretation of NP I as to a proposed road alignment between S .W. Ash Street ti and S .W. Pacific Highway. 8. OTHER BUSINESS : 9. ADJOURNMENT: (: ' a •* •MINUTES `� # TIGARD PLANNING COMMISSION January 4, 1977 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon k 1 . CALL TO ORDER: Chairman Popp called the meeting to order at f+ 7: 30 P.M. i-' 2. ROLL CALL: Present : Sakata, Goldbach, Popp, Wood, Phillips Tepedino, Moore. Commissioner Nicoli left after agenda item 5. 1 . Excused Absence: Krause Staff: Daniels and Edwards 3. MINUTES : The minutes of December 21, 1976 were approved. 4 . COMMUNICATIONS: 4 . 1 Staff presented a letter from the City Attorney concerning NPO III density interpretation. 4 .2 Dick Bolen, Planning Director, presented two memos con- cerning the future western city boundary issue. o Public Testimony was received from the following people: - Ben Frauley, CPO #4, Dick Waker, Bibianne Scheckla, and Steve Telfer, Bull Mountain Association . o Phillips moved and Sakata seconded to table the matter until all the concerned participants could be notified, the ability of the City to service the area is deter- mined, and more input from City Council and staff is received. The motion was approved by unanimous voice vote. Staff informed the Planning Commission that agenda item 6 .2 had been withdrawn. 5. PUBLIC HEARINGS : �. 5 . 1 ZONE CHANGE ZC 16-76 (City of Tigard) NPO VI A request by the City of Tigard to assign City zoning regulations to a recently annexed 3. 39 acre parcel on S .W. 98th Avenue, north of S .W. Murdock Street . (Wash . Co . Tax Map 2S1 11BD, Tax Lot 200) . A. Staff Report : Read by Daniels . B. Applicant 's Presentation: o Bill McMonagle, McMonagle & Harris, stated inten- tion of zone change and willingness to comply with }' City standards. MINUTES ' w : TIGARD PLANNING COMMISSION January 4, 1977 Page 2 C. Public Testimony: o Larry Shannon, representing 25 families west of the property, expressed concern over 7500 sq. ft . lots and stated that 10-15, 000 sq. ft . lots were preferred. D. Staff Recommendation: Staff recommends approval of the zone change from county RU-4 to City R-7, "Single Family Residential" . E. Commission Discussion: Tepedino moved and Phillips seconded to approve the proposal as presented. The motion was approved by unanimous voice vote . 6. 1 SUBDIVISION S-14-76 (Cloud Cap) NPO VI A request by Waverly Construction Company to create a 14 lot residential subdivision with an average lot size of 7500 sq. ft . at S .W. Pembrook Street and S.W. 97th Avenue . (Wash. Co . Tax Map 2S1 11BD, Tax Lot 200) . A. Staff Report : Read by Daniels. o Staff stated that the school district and the property owner at the corner of S.W. 97th Avenue and S .W. Murdock Street were favorable to the road alignment proposed by staff . B. Applicant ' s Presentation : o Ken Waymire, Waverly Construction, presented the proposal and stated that the homes would be a minimum of 1800 sq. ft . , two story, and over $50,000 market value . o Bill McMonagle, McMonagle & Harris, disputed staff 's proposal for the reason that it would create more traffic at an unsafe speed. C. Public Testimony: The following people expressed concern over traffic circulation, pedestrian traffic, the need to preserve trees on the property, and the need for a cul-de-sac : Larry Shannon, B. Frederick, Lynnete Heir, Don Peters, Bloodgood, J. J. Shannon and Jim Loom. D. Staff Recommendation: Staff recommends denial of the preliminary plat as "MINUTES °, TIGARD PLANNING COMMISSION January 4, 1977 Page 3 presented and that it be resubmitted incorporating the following changes : Extension of S .W. 98th Avenue through the site with an S-curve connecting S .W. 97th Avenue at the north- ern edge of the site on a 50' right-of-way, 34 ' curb to curb street improvement with sidewalks , the por- tion of 97th south of the intersection of the new right-of-way be vacated, S .W. 97th at Murdock be ex- tended to form a right angle intersection with 98th Street extended and continued through to hook onto S .W. Pembrook Street , the plan include the entire site that was recently annexed, that S .W . Murdock Street be vacated from the intersection of S .W. Murdock and S.W. 98th to the intersection of S.W. Murdock and S .W . 97th, that street improvements on S .W. Murdock and vacated portions of. S .W. Murdock and S .W. 98th Avenue be removed with the exception of half a street left in tact for the parcel at southwest corner of Murdock and 97th. o Michael Staley, neighbor, stated he would be in favor of staff recommendation if a 4 way stop was included. ..-. o J. J. Shannon, neighbor, stated the need for a pedestrian/bike path to the school from S .W. Pem- brook. o McMonagle stated that staff recommendation would cause a major displacement of utility and sewer lines . E. Commission Discussion : Tepedino moved and Goldbach seconded to table the pro- posal until the interested parties could reach agree- ment on the issues discussed. o Moore asked that input be received from the fire department on the cul-de-sac proposal . The motion was approved by unanimous voice vote. 5 . 2 ZONE CHANGE ZC 15-76 (Allan Patterson) NPO VII A request by Allan Patterson to amend the zoning map from C-5 (Limited Neighborhood Commercial) to R-7 (Single Family Residential) for a 4. 79 acre parcel at S .W. 121st . (Wash. Co . Tax Map 1S1 34C, Tax Lot 1100) . A. Staff Report : Read by Daniels . B. Applicant 's Presentation: 4� • I 'MINUTES (4, TIGARD PLANNING COMMISSION January 4, 1977 Page 4 Jim Harris, Harris & McMonagle, stated that the zone change would be in compliance with the comprehensive plan . C. Public Testimony: o Bonnie Owens and David Osborne questioned a zone change need. D. Staff Recommendation : Staff recommends approval of the request based on the findings in the staff report and material submitted by the applicant . Goldbach moved and Tepedino seconded to approve the proposal based on the staff findings. The motion was approved by unanimous voice vote . 6. 3 SUBIDIVION S-12-76 (Merestone) NPO VII A request by Allan Patterson to create a 13 lot subdivision with an average lot size of 7500 sq. ft. at S .W. 121st and w Merestone Court . (Wash. Co . Tax Map 1S1 34C, Tax Lot 1100) . {, A. Staff Report : Read by Daniels. B. Applicant ' s Presentation : o Jim Harris, Harris & McMonagle, stated that the City flood plain information for that area was incorrect and that if the homes were 2 ' higher (168 ' ) than 121st (166 ' ) there could be no flood- ing danger . o Wood asked if the applicant had supplied any engineer- ing data to support this claim. dl, it o Allan Patterson, realtor, stated that his knowledge k of the property supported Mr. Harris ' claim. C. Public Testimony: o Ralph Chapman, Betty Miller, Mildred Hanner stated !°I that there was a flooding problem on the land and that further development would aggrevate the situa- tion. Ms. Hanner stated that water had reached her fence line . From this information staff determined a flood plain elevation of 169-170' . D. Staff Recommendation : Based on the lotting pattern showing a number of lots !=' yA MINUTES 'TIGARD PLANNING COMNL,SION Y _ January 4, 1977 Page 5 being unbuildable due to flood plain problems the preliminary plat plan be denied and resubmitted showing 1 . A 5 ' dedication along S .W. 121st . 2. Cross section for half street improvement on 121st . 3. Cross section of S .W. Merestone Court to City standards including a pedestrian/bicycle path along S .W . Summercreek. 4 . The flood plain portion of the site be dedi- cated to the City for greenway. Staff added #5 that the flood plain line be established. o Harris asked that the subdivision be approved with the condition that the house be built above the flood plain. E . Commission Discussion : Moore moved and Phillips seconded to table the proposal until the flood plain could be accurately determined. Tepedino stated that he was opposed to tabling the proposal , that it should be denied since it was the • applicant ' s responsibility to prove that his proposal was not in the flood plain and it would not be a detriment to the City and the neighboring land owners. The motion was defeated in a 1 to 4 vote with Moore in favor, Phillips and Sakata abstaining. Tepedino moved and Wood seconded to deny the proposal based on his earlier statement . The motion was approved 5 to 1 with Phillips dissenting and Sakata abstaining. 5 .4 CONDITIONAL USE CU 35-76 (Fought & Company) A request by Fought & Company to locate railroad trackage and outside storage in an M-2, General Industrial zone on S .W. 72nd Avenue, north of S.W. Bonita Road. A. Staff Report : Read by Daniels. ! B. Applicant ' s Presentation : Arlin Anderson, applicant , stated that the railroad trackage would be along the property line level with 1. the asphalt on which a gantry crane would travel . • 'MINUTES TIGARD PLANNING COMMISSION January 4, 1977 Page 6 This crane would be parked in back of the area when not being used. C. Public Testimony : None D. Staff Recommendation: Staff recommends approval with the following conditions : 1 . Vegetative screening be provided around the peri- meter of the storage area of sufficient height as to screen the outside storage and equipment . 2. 20 ' be dedicated along S .W. 72nd Avenue for street widening. 3. An agreement to participate in the improvement of S .W. 72nd Avenue be filed with the City Recorder . o Applicant asked that a letter of intent be permitted rather than a dedication and non-remonstrance agree- ment at this time . E . Commission Discussion : Goldbach moved and Tepedino seconded to approve the proposal based on the staff findings with staff condi- tion #1 to read "screening be provided with wooden slats across the fence in the front only" and conditions 2 and 3. The motion was approved 3 to 2 in a roll call vote with Phillips and Moore dissenting, Sakata and Wood abstaining. 7 . MISCELLANEOUS : 7.1 NEIGHBORHOOD PLAN INTERPRETATION NP I A staff request for an interpretation of NP I as to a proposed road alignment between S .W. Ash Street and S .W. Pacific Highway. A. Staff Report : Dick Bolen , Planning Director, presented a memo from Chairman of NPO I , Cliff Ashley. B. Public Testimony : o Lionel Domres spoke against proposal stating that the existing traffic circulation system is adequate. o Bill Brennan asked why no notice had been given. Ti red tis MINUTES TIGARD PLANNING COMMISSION January 4, 1977a�• Page 7 'i o Staff explained notification procedure. o Cliff Ashley, Chairman NPO I , explained memo of opposition stating that due to present inadequate road facilities the proposed road was necessary . o Don Feller, 9765 S .W . Frewing, expressed support for the retention of the road in order to handle future traffic. o Mr. Heinz, Heinz Auto Repair, stated he was opposed • to street due to it creating an additional inter- section onto S .W. Pacific Highway . o Tom Farrenkof stated he was opposed due to the traffic generation for the recreation center through a residential street . C. Commission Discussion: Tepedino commented that Planning Commission already committed itself to no street by approving recrea- tion center. Wood agreed that o a change in conditions since development had occurred as one parcel instead of many o difficulty in requiring the recreation center property to provide the street when no direct benefit is derived. Sakata stated that the recreation center, would benefit by better access. Popp said recreation center has adequate access with- out this road. The original conditions at the time of NP I have changed since the recreation center is developing the entire lot and would approve elimina- tion of the road. Popp moved and Phillips seconded to eliminate the road "since conditions have changed since the NPO #1 Plan was adopted and the necessity for building the proposed street no longer exists" . The motion was approved by unanimous voice vote. 8. OTHER BUSINESS : Popp informed the Commission that Stu Moore with alternate Edna Sakata are on the Sign Code Review Committee. • • * r © ! \ ' MINUTES te /g/ TIGARD PLANNING COMMISSION January 4, 1977 page 8 Goldbach presented a memo questioning whether fradulent testimony had been submitted regarding the access point onto Pacific Highway for the Wayside Inn and directed the staff to investigate the proper actions for review. o Tuesday, January 25th, was announced as a Planning Commission study session. . . 9. ADJOURNMENT: at 12:00. ) ti \ . � \ \ \ j 2 ) < . \ . / . \ \ \ > / ! . / : . C (. ° . \ . \ »! « J ` 2:.+ 4z4w v «2s' ««. . . , �, ' «��/ NOTICE OF PUBLIC HEARINGS TIGARD PLANNING COMMISSION January 4, 1977 -- 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 5 . PUBLIC HEARINGS : 5.1 ZONE CHANGE ZC 16-76 (City of Tigard) NPO VI A request by the City of Tigard to assign City zoning regulations to a recently annexed 3.39 acre parcel on S .W . 98th Avenue, north of S.W. Murdock Street . (Wash. Co . Tax Map 281 11BD, Tax Lot 200) . 5 .2 ZONE CHANGE ZC 15-76 (Allan Patterson) NPO VII A request by Allan Patterson to amend the zoning map from C-5 (Limited Neighborhood Commercial) to R-7 (Single Family Residential) for a 4 .79 acre parcel at S .W. 121st . (Wash. Co. Tax Map 181 34C, Tax Lot 1100) . 5. 3 CONDITIONAL USE CU 36-76 (Patterson) NPO VII A request by Allan Patterson for a conditional use permit to locate duplexes in a R-7 zone (Single Family Residential) 4. 79 acre parcel at S .W. 121st . (Wash. Co . Tax Map 181 34C, Tax Lot 1100) . 7. MISCELLANEOUS : 7. 1 NEIGHBORHOOD PLAN INTERPRETATION NP I A staff request for an interpretation of NP I as to a proposed road alignment between S .W. Ash Street and S .W. Pacific Highway. All persons having an interest in any of the hearing matters are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. (Publish in TT 12-30-76) {�7 kl '� . NOTICE OF PUBLIC HEARINGS TIGA.RD PLANNING COMMISSION January 4 , 1977 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 5 . PUBLIC HEARINGS : CONDITIONAL USE CU 35-76 (Fought Steel) A request by Fought & Company to allow outside storage and a use similar to railroad trackage at an existing steel fabrica- tion plant on S .W. 72nd Avenue, north of S .W. Bonita Road. (Wash. Co . Tax Map 2S1 12A, Tax Lot 401 & 402) . VARIANCE V 12-76 (Fought Steel ) A request by Fought & Company for a variance to Section 18 .44 .040(2) of the Tigard Municipal Code (side yard setbacks) to allow a structure within the 20 ' setback. (Wash. Co . Tax Map 2S1 12A, Tax Lot 401 & 402) . All persons having an interest in any of the hearing matters are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. (Publish this week end) • { ti ' I • M NOTICE OF PUBLIC HEARINGS TIGARD PLANNING COMMISSION January 4, 1977 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 5 . PUBLIC HEARINGS : 5. 1 ZONE CHANGE ZC 16-76 (City of Tigard) NPO VI A request by the City of Tigard to assign City zoning regulations : to a recently annexed 3 .39 acre parcel on S.W. 98th Avenue , north of S .W. Murdock Street . (Wash. Co . Tax Map 2S1 11BD, Tax Lot 200) . 5.2 ZONE CHANGE ZC 15-76 (Allan Patterson) NPO VII A request by Allan Patterson to amend the zoning map from C-5 (Limited Neighborhood Commercial) to R-7 (Single Family Residential) for a 4 .79 acre parcel at S .W. 121st . (Wash. Co . Tax Map 1S1 34C, Tax Lot 1100) . All persons having an interest in any of the hearing matters are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. (Publish in TT 12-23-76) STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION January 4, 1977 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: ZC 16-76 REQUEST: To assign City zoning regulations as detailed in Title 18 of the Tigard Municipal Code to a recently annexed 3. 39 acre parcel . LOCATION: On S.W. 97th Avenue north of S .W. Murdock Street (Wash. Co. Tax Map 2S1 11BD, Tax Lot 200) . APPLICANT: Waverly Construction/Harris-McMonagle Associates I . BASIC FACTS : 1 . The site is designated "Urban Low Density Residential" on the Tigard Community Plan. II . FINDINGS : 1 . This property is in the process of annexation to the Ctiy upon request by the property owner . The PortlandMetropoli- tan Area Local Government Boundary approved annexation of this parcel to the City at their meeting on December 15 . Final order documenting this action has not as yet been received by the City and the final annexation will not become final until ratified by the City Council by resolu- tion. Action ratifying the annexation is anticipated. In order to be in conformance with the Tigard Community Plan a residential district with the maximum density of 4 .0 units per acre must be adopted. 2. Of the three residential zoning districts, R-7 is the closest to RU-4 in minimum lot size requirements and other dimensional requirements, i.e . building height , setbacks, lot coverage. 3. The annexed parcel would be bordered by R-7 zoning to the east . III . STAFF RECOMMENDATION: To be advised. • STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION January 4, 1977 Page 2 • STAFF RECOMMENDATION: Staff recommends approval of the zone change from county RU 4 to City R-7, "Single Family Residential" . • • SI �yy I y. Ri n • • Ir 0 . ,,, .4. STAFF REPORT Agenda 5 .2 Tigard Planning Commission January 4, 1977 - 7 : 30 P.M. Twality Junior High School -- Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: ZC 15-76 REQUEST: To amend the zoning map as it applies to a 4. 79 acre parcel changing the zoning designation from C-5 "Limited Neighborhood Commercial" to R-7 "Single Family Residential" . LOCATION: West of S .W. 121st, south of S .W. Summercrest Drive . (Wash . Co . Tax Map 1S1 34C, Tax Lot 1100) . APPLICANT: J. A. Patterson/Harris-McMonagle Associates I . BASIC FACTS : 1 . The site is designated "Urban Low Density Residential" on the Tigard Community Plan . 2 . The parcel is in two zoning designations, C-5 on the front portion and R-7 in the rear. This zoning designa- tion was requested and approved by the City Council in 1969 (ZC 3-96 and ZC 4-69) . II . FINDINGS : 1 . The applicant is requesting change of zoning designation from C-5 "Limited Neighborhood Commercial" to R-7 "Single Family Residential . " 2. The site is primarily vacant and covered with over grown grasses and brush. 3. The northern property line is City limits boundary with fully developed subdivision on septic tanks to the north and single family residences along the north property line from 121st to the end of the property. 4 . The commercial zoning was established in 1969 . Since that time the City has approved location of a neighborhood commercial shopping center along Scholls Ferry Road at 121st Avenue thus diminishing the need for the existing C-5 zoning. 5. The site is partially transected by S .W. Summercreek and subject to flooding to approximately the 170 ' level leav- ing approximately one half of the site developable. III . CONCLUSIO,NARY FINDINGS : f There is a public need and benefit by elimination of the C-5 designation on this property which is inappropriate and incompatible with the surrounding land uses. A STAFF REPORT •1 Agenda 5 .2 Tigard Planning Commission January 4, 1977 Page 2 The change of zoning designation to R-7 "Single Family Residential" would conform with the Tigard Community Plan and be consistent with the surrounding zoning and develop- ment pattern. IV. STAFF RECOMMENDATION: To be advised. ( • STAFF REPORT • Agenda 5.2 Tigard Planning Commission January 4, 1972 Page 3 STAFF RECOMMENDATION: Staff recommends approval of the request based on the findings in the staff report and material submitted by the applicant . • • y,) Ia. w QL h,. 4. STAFF REPORT Agenda 5 . 3 Tigard Planning Commission January 4, 1977 - 7:30 P.M. ( Twality Junior High School - Lecture Room 14650 S .W. 97th - Tigard, Oregon DOCKET: CU 36-76 REQUEST: To locate duplexes in an R-7 zone. LOCATION: West side of S .W. 121st, south of Summercrest Drive . (Wash. Co . Tax Map 1S1 34C, Tax Lot 1100) . APPLICANT: J. A. Patterson/Harris-McMonagle Associates I . BASIC FACTS : 1 . The area is designated "Urban Low Density Residential" on the Tigard Community Plan with the proposed zoning of R-7 "Single Family Residential" . 2. Section 18.20.020 of the Tigard Municipal Code allows duplexes as a conditional use with a minimum lot size of 10,000 sq . ft . ; one duplex to lot . II . FINDINGS : sq5Ce• 1 . The applicant is requesting permission to locate four (4) duplexes on 10,000 sq. ft . lots along S .W. 121st Avenue as a part of the Merestone Subdivision (Merstone Sub- division was considered earlier this evening . ) f 3. The applicant intends to utilize the duplexes along S .W. 121st as a buffer for the single family lots further west . 4 . The applicant contends that this location is more suitable j than any of the locations in that it fronts on the collector street . This is true of the two lots adjacent but not so . for the next lots interior. 5 . The area in which duplexes are being requested is:.presently s zoned C-5 "Neighborhood Commercial" . The substitution of i J duplexes instead of a commercial area in this part of the d neighborhood would be of less impact to surrounding residents . 6. There are numerous cases of past approval of similar !`:1 requests to utilize duplexes as buffers between arterial and collector streets and single family subdivisions. 7j III . STAFF RECOMMENDATIONS : To be advised. 11 r, ., • { E- w STAFF REPORT Agenda 5. 3 Tigard Planning Commission Page 2 STAFF RECOMMENDATION: Staff recommends approval of the request for duplexes on lots 1 and 13 based on the findings in the staff report with the following conditions: 1 . The common lot lines between duplex lots and the single family dwelling and along 121st Avenue have vegetative screening. } x,. " fa • x STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION January 4, 1977 - 7: 30 P.M. Twality Junior High School -Y Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon DOCKET: CU 35-76 REQUEST: To locate a use similar to railroad trackage and outside storage in an M-2 zone. LOCATION: S .W. 72nd Avenue, north of S .W. Bonita Road. APPLICANT : Fought & Company , Inc . I . BASIC FACTS : 1 . The site is designated "General Industrial" on the Tigard Community Plan and zoned "M-2, General Industrial" . 2. Section 18.44.020(1) of the Tigard Municipal Code allows as a conditional use "railroad trackage and related facilities" . 3. Section 18.44.020(12) of the Tigard Municipal Code allows as a conditional use "Any business, service, processing, storage or display essential or incidental to any permitted use in the M-2 zone and not conducted entirely within an enclosed building" . II . FINDINGS : 1 . The applicant is requesting to locate trackage similar to railroad trackage for an outside craneway from the existing railroad spur through the storage yard. 2. The area to be used for more intense outside storage is presently being used for storage and parking. This request is to intensify that use by adding a fixed crane. 3. The storage site and craneway is adjacent to other industrial sites and shown to be approximately 5' from the south pro- perty line . The sideyard setback for a structure is 20 ' in the M-2 zone. Although approximately 40' high the crane is not a structure within the definition of the zoning code it will have the appearance of one and should be effectively screened. 4 . With vegetative screening the project will have minimal impact on surrounding parcels and will be compatible with surrounding uses . 5 . S .W. 72nd Avenue is a designated arterial street requiring an 80' right-of-way. It is presently a 40' right-of-way thus requiring a 20 ' dedication along S .W . 72nd. U • STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION January 4, 1977 Page 3 STAFF RECOMMENDATIONS: • Staff recommends approval with the following conditions : 1 . Vegetative screening be provided around the perimeter of the storage area of sufficient height as to screen the outside storage and equipment . 2 . 20' be dedicated along S .W. 72nd Avenue for street widening. 3. An agreement to participate in the improvement of S .W. 72nd Avenue be filed with the City Recorder . • i ,,y4 STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION January 4, 1977 Page 2 6. S.W. 72nd Avenue is in a deteriorated condition . A local improvement district is being attempted for the street improvement . Participation by all properties is imperative . I 7. A manufacturing operation such as Fought Steet Fabricators requires outside storage and utilizes heavy equipment for 1 moving raw materials . III . STAFF RECOMMENDATION: . • N To be advised. • • fl r. i- rI V r 'i CS t `t lr i V ', ti • STAFF REPORT AGENDA 6.1 TIGARD PLANNING COMMISSION January 4, 1977 - 7 : 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: S-14-76 REQUEST : To create 15 lots in a R-7 , "Single Family Residential" zone . LOCATION: S .W. 97th Avenue, north of S .W. Murdock Street (Wash. Co . Tax Map 2S1 3DC, Tax Lot 700) . APPLICANT: Waverly Construction/Harris-McMonagle Associ?.tes I . BASIC FACTS : 1 . The site is designated "Urban Low Density Residential" on the Tigard Community Plan . The zoning at the writing of the staff report is yet to be determined. 2. S .W. 97th Avenue, S .W. Murdock Street , and S .W. Pembrook Street and S .W. 98th are all designated local streets on the Tigard Community Plan . II . FINDINGS: 1 . The applicant is requesting to create 15 lots with a minimum lbt size of 7500 sq. ft . in a R-7 zone extending Pembrook Street to S .W. 97th. 2 . The site slopes up from the southeast to the northwest with approximate 40 ' change in elevation across the property. The site is presently being used pasture area with a small stand of large Douglas Fir and deciduous trees in the northwestern area of the site. A house is located on the site but this portion has erroneously been left out of this platting. 3. The surrounding land use is subdivision lot residential area to the west and south large lot to the north and Twality Junior High to the east , 4 . Present traffic circulation pattern in the area shows a majority of the traffic on the local streets in the area go the 97th -S .W. Murdock Street - S .W. 98th Avenue route which is presently inadequate traffic circulation pattern k and it requires two 90 degree angle corners with the only stop sign on S .W . Murdock and 97th. It should also be noted that the driveway into Twality Junior High would be the extension of Murdock Street . Staff has received during the investigation of this subdivision numerous complaints concerning the confusing situation whereas many people have assumed the driveway was an extension of Murdock Street rather than making the corner on S.W. 97th . STAFF REPORT AGENDA 6. 1 TIGARD PLANNING COMMISSION January 4, 1977 Page 2 5. Tri-Met bus service is available through the Murdock-97th- 98th connection. Staff has received information from residents in the area that ht-Met buses as well as the school buses have trouble negotiating that corner at S .W. Murdock and 97th. 6. The lotting pattern as proposed generally follows the existing street pattern in the area. An alternative which would greatly benefit traffic circulation pattern in this area and eliminate a hazardous corner at Murdock and 97th would be the extension of. 98th through the parcel with the S curve connecting at the northeast section of the site with 97th, vacation of the unused right-of-way of 97th and Murdock, the extension of Pembrook to line up with an extension of S .W. 97th in the southeast portion of this site (see attached map) . The main concerns in this alter- native have been preserving the developers ability to develop the same number of lots, adhering as closely as possible to the same lineal footage of streets, new streets to be provided, preserving the access points for all intervening property and the elimination of the traffic confusion. Staff has contacted adjoining property owners and primarily the only property to be affected by the vacation of Murdock Street is the residence at the corner of Murdock and 97th. The reason for this concern is that residence presently has its driveway onto Murdock Street which would be vacated. A solution which has been. proposed (and supported by that resident) is that when S .W. Murdock Street is vacated removal of the paving in that area would occur in such a way that half of the street would be left and curbed for that property to function as a private driveway. It should be noted that during vacation proceeding it is standard City policy to return to adjoining property owner half of the vacated right-of-way thus the parcel to be subdivided would be picking up 25 ' along Murdock and 25 ' along S .W. 97th Avenue replacing in part the right-of-way which would be lost as the extension of 98th and 97th would remove from this parcel . ;y °r 7. The school district has been contacted and a report as to their reaction to such an alternative proposal is antici- pated prior to the Planning Commission hearing. 8. View from this site is to the east with a clear view of ; Mt . Hood, the lotting pattern as initially proposed by the applicant does not really take advantage of this and with the alternative proposal would provide approximately It 6 lots directed toward Mt . Hood. 9. The prelimary plat does not include the 150' by 165 ' parcel in the southwest corner parcel of the tax lot . STAFF REPORT AGENDA 6. 1 TIGARD PLANNING COMMISSION January 4, 1977 Page 3 III , STAFF RECOMMENDATION: To be advised. � d+ C. d,1 Y. f + 4+ k. i5.1 fe• �.A 1y 1• STAFF REPORT AGENDA 6.1 TIGARD PLANNING'COMMISSON January 4, 1977 Page 4 STAFF RECOMMENDATION: Staff recommends denial of the preliminary plat as presented and that it be resubmitted incorporating the following changes.: Extension of S .W. 98th Avenue through the site with an S-curve connecting S .W. 97th Avenue at the northern edge of the site on a 50 ' right-of-way, 34 ' curb to curb street improvement with sidewalks, the portion of 97th south of the intersection of the new right-of-way be vacated, S .W, 97th at Murdock be extended to form a right angle intersection with 98th Street extended and continued through to hook onto S .W. Pembrook Street , the plan include the entire site that was recently annexed, that S .W. Murdock Street be vacated from the intersection of S .W. Murdock and S .W. 98th to the street ion of S.W. Murdock and S.W. 97th, t intersection , that improvements on S .W. Murdock and vacated portions of S .W. Murdock and S .W. 98th Avenue be removed with the half a street left in tact for the parcel exception of hal P at southwest corner of Murdock and 97th. lAl r i d • • t STAFF REPORT AGENDA 6. 2 TIGARD PLANNING COMMISSION January 4, 1977 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: S-13-76 REQUEST: To create an 8 lot subdivision in an R-7 zone. LOCATION: S .W. Fairhaven Street, east of S .W. Viewmount Court. APPLICANT: Barnum Homes, Inc . I . BASIC FACTS : 1 . The site is designated "Suburban Density Residential" and zoned "R-10, Single Family Residential" . II . FINDINGS: 1 . The applicant is requesting to create an 8 lot subdivision • on a 3.09 acre parcel . 2. Much of the site is over 25% slope which is considered as unbuildable due to soil slippage (see accompanying memo) . 3. Springs originating from the hillside were evident upon on-site investigation further difficulty in building. 4. Without a grading plan and information regarding the drainage situation and hillside springs proper review to determine conformance with Title 17 (subdivision) of the Tigard Municipal Code is difficult . III . STAFF RECOMMENDATION: • To be advised. • • ' I { iJ ' 9 • AGENDEPO AR6.2RT TIGARD PLANNING COMMISSION January 4, 1977 Page 2 STAFF RECOMMENDATIONS : Staff recommends tabling the request until such time as better information regarding drainage and grading is 1. presented. t�1 p.i t„ iik r l,i {�y{. .' STAFF REPORT AGENDA 6 . 3 TIGARD PLANNING COMMISSION January 4, 1977 - 7 : 30 P.M. Twality Junior High School' - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: S-12-76 • REQUEST: To create a 13 lot subdivision in a R-7 zone. LOCATION : West of S .W. 121st Avenue, south of S .W. Summercrest Dr. APPLICANT: J. A. Patterson/Harris-McMonatle Associates I . BASIC FACTS : 1 . This site is designated "Urban Low Density Residential" on the Tigard Community Plan . The site also contains portion of the greenway system as specified in the Tigard Community Plan for the portion of the site along Summercreek. In 1969 the City of Tigard approved two zone changes on this site (ZC 3-69 and ZC 4-69) changing a portion of the parcel to C-5 from county zoning Suburban Residential and changing a portion of the site to R-7 "Single Family" from County Suburban Residential . A conditional use permit was granted at the same time for planned residential development to � consist of townhouses, fourplexes and duplexes. Phase I development plan was approved in 1970 but expired along with the conditional use in 1972 . II . FINDINGS : 1 . The applicant is- requesting creation of 13 lots with the minimum lot size of 7500 sq. ft . and the creation of a 320 ft . long cul-de-sac extending west from 121st Avenue . 2. The site is approximately 4 .79 acres. Generally sloping from the northeast to southwest towards Summer Creek which tranverses the site from the northwest to the southeast . A large marsh like wetland area along Summer Creek dominates the site transversing from east to west the vegetation ranging from low grasses to typical marsh latorol which yields to brush and some large second growth conifers interspersed with some mixed native deciduous trees . 3. A portion of this site in the floodplain district as defined by the Tigard Ordinance 74-50 and identified by Washington County Department of Public Works on sheet 5, HUD 701 Pro- ' ject #73-16-06 . That project defined the intermediate region flood as the transition in vegetation and soils from wetland type to drain or dry lands type in this area that transition occurs at 165 ' elevation . Historic (winter 1972- 73) evidence exists of local flooding to a water surface k'r elevation of approximately 170' , 500' north of the north line of the site. Average water surface grade is about 1 ' fall. and 600 ' stream length. Accordingly, the historic sA tJ S I STAFF REPORT AGENDA 6. 3 TIGARD PLANNING COMMISSION January 4, 1977 Page 2 flood level at the site can be expected to have been about 169' . A comparison of 1972-73 flood elevation to the intermediate regional flood (100 year flood) is risky because of the statistical nature of projected flood intervals. However, the 1972 water surface elevation of Fanno Creek at +, the Main Street bridge was approximately 1 ' less than the statistically projected intermediate regional flood water surface elevation. Since the tributary area of Summer. Creek upstream of this site is subject to development relatively near future, an additional 1 to 3 ' freeboard ought to be allowed making the lowest flood free elevation, assuming full development intermediate flood, on the site about 172 ' elevation (USGS Data) . 4 . Surrounding land. uses to the north and east of the site is single family residential about four units to the acre . No development has occured immediately south or west of the site although a 10,.35 acre parcel southwest of the site has been purchased by the Tigard School District 23j for an elementary_ school . The school district site will have its access on the south of the site. The development plans indicate a possible construction in the next two years contingent upon bond levy approval in spring of this year. 1 5 . Evidence indicates that soil in this area is poorly drained, local complaints of drainage problems and marshy soils are common . 6. Sewerage is available approximately 60 ' from the east line of the site and the developer proposes to connect each building site to the U.S .A. sewer line. 7. An 8" public water main is located at S .W. 121st Street . • No mention is made of facilities for a storm drainage . City policy is encouragement of on site retention of storm water run off however, an engineering study of drainage and retention facilities appropriate to this site would be necessary for final determinations to be made. 8 . S .W. 121st Avenue is currently a county road with a 50' right-of-way. Tigard Community Plan designates S .W . 121st as a collector street requiring a 60' right-of-way thus necessitating a dedication of 5 ' along S.W. 121st Avenue . 9. S .W. 121st Avenue is in a deteriorating condition and in need of improvement. Half street improvement along 121st appears to be in order . If ' Jr 10. S .W. Merestone Court as proposed is to City standards of 50 ' right-of-way with a 50 ' radius cul-de-sac. Sidewalks will be provided within that public right-of-way. j;i • STAFF REPORT AGENDA 6. 3 TIGARD PLANNING COMMISSION January 4, 1977 Page 3 11 . The lotting pattern as proposed designates a large area which includes S .W. Summercreek as it passes through this site with no mention of; . dedication of this greenway area has been made or the provision of a pathway through this area as called' for in the pedestrian/bicycle pathway/ greenway system. 12. Lotting pattern as proposed conforms to the minimum parcel size of the R-7 zone but with the floodplain as noted in finding #2 lots number 7, 8, 9, and 10 appear to be un- buildable in that a 20' front yard setback is required in the 11-7 zone therefore minimal building space is provided for those lots . III . STAFF RECOMMENDATION: To be advised. It ti l�yy it i 4 1'I `f r. r �tj {.r }Sys, fa� JH - - - STAFF REPORT AGENDA 6. 3 TIGARD PLANNING COMMISSION January 4, 1977 Page 4 STAFF RECOMMENDATION: Based on the lotting pattern showing a number of lots being unbuildable due to floodplain problems the preliminary plat plan be denied and resubmitted showing 1 . A 5 ' dedication along S .W. 121st . 2. Cross section for half street improvement on 121st . 1 3. Cross section of S.W. Merestone Court to City standards including a pedestrian/bicycle path along S .W. Summercreek. 4 . The floodplain portion of the site be dedicated:A° the City for greenway. : • • 6 P J!'t - k 1 P P • • 0 tl V t, . . „ TO: Tigard Planning Commission FROM: Planning Department Staff DATE : December 29, 1976 SUBJECT: Definition of the eventual western limits of the City of Tigard. The City has received an official request to provide sewerage service to the Hazeltree Hill Subdivision. Sanitary sewerage ser- vice was required by the Washington County Planning Commission when they approved this development. The extension of this City service raises the question of whether this property should now or at some future time be within the City limits of Tigard. The provision of City sewer implies annexation to the City of Tigard, either now or at some future time. Because the City has not • defined the eventual City limits along its western boundary, this question should be resolved before City sewerage service is ex- tended to Bull Mountain. The City Council has directed the Planning Commission to consider this matter and to provide them with a recommended policy. Groups having a potential interest in this decision have • been notified that the Planning Commission will be deliberating on this issue at the January 4th meeting. Notification was sent k, to NPO #3, CPO #4, and the Bull Mountain Property Owners Associa- tion. ('? The essence of the question to be considered is how far should the Tigard City Limits extend to the west . CRAG is showing an urban growth boundary west of Bull Mountain . The City must , there- fore, arrive at a policy concerning how far its corporate limits should extend to the west . For purposes of establishing such a boundary, the following criteria are suggested. 1 . The western boundary should attempt to include, and therefore tax, those developments which are utilizing City services . fi 2 . The cost of servicing a development versus the ; tax base which is provided to offset that service should be determined. 3. The City boundary should take into consideration the issue of community identity and include those areas which are viewed as part of the "Tigard Community. " The attached map describes three alternatives for eventual western City limit definition. ALTERNATE A o Attempts to clearly define the Tigard City Limits as , being separate from Bull Mountain using access to the street system as the primary basis for boundary de- liniation . • Page 2 Property achieving access from Bull Mountain Road is shown outside the City while properties getting access from Gaarde, 121st, Walnut and 135th is shown as being within the City. This relatively compact area would be the most efficient to serve especially from the standpoint of police protection. While being more efficient to serve, the areas lined outside this boundary would also be in receipt of certain city services and would thereby be relieved of the fiscal responsibility for such services . ALTERNATE B o Would go further than A towards assuring that the persons benefiting from City services would share in their responsibility. This would necessitate serving a por- tion of the area getting access from Bull Mountain Road and therefore, necessitate police patrols, etc. It is • not possible at this time to determine if the people moving into new homes in this area will identify with the City of Tigard or the Bull Mountain area. However, in that most services will be derived from the Tigard Community it is quite possible that they will identify with the larger Tigard community. o This boundary closely represents the NPO #3 western boundary and therefore, the present limits of detailed planning being conducted by the City . ALTERNATE C o Serving such a large area could very possibly prove a liability to the City, although no cost impact analysis has been conducted. This again raises the issue of community identity; do the residents of Bull Mountain see themselves as a separate community or as a sub- community within the larger Tigard community? Because the regional framework plan shows all of Bull Mountain to be eventually within the urban boundary, it seems logical to expect that all areas within the urban boundary should be within an incorporated area to avoid further proliferation of special service districts. STAFF RECOMMENDATION: Alternate B appears most acceptable in that it adheres to our present detailed planning boundary (NPO) ; it assures that areas receiving City services share in the financial responsibility for those services, and; it seems reasonable to expect that new residents who will be living in these areas will tend to identify with the larger Tigard community. The boundary which Alternate B defines does not appear to be a liability from the standpoint of providing City services. { MEMORANDUM TO: Planning Commission FROM: Planning Staff SUBJECT: Interpretation of the NPO #1 Plan regarding a street connection shown between Ash Avenue and the Pacific Highway Frontage Road. The NPO #1 Plan depicts a street connection between Ash Avenue and the Pacific Highway frontage road. The recent approval of a family recreation center (CU 22-76) includes nearly all of the property which would be abutting this proposed street . The recreation center developer (Allied Realty) is requesting that construction of this street not be required as it would conflict with the development concept approved with their conditional use permit . The street in question was proposed on the Neighborhood Plan for two reasons: 1 . To provide access to the rear portion of the relatively deep parcels fronting Pacific Highway, and 2. To provide an additional point of access to Pacific Highway from the residential portion of the neighborhood. At the time the plan was developed, it was assumed that the several lots which have been aggragated to form the recreational center development would need access to a public street in order, to adequately serve the rear portions of these deep lots. For instance, at the time the plan was being adopted a condominium project was being proposed for the rear of the two largest lots . However, the recreational center site development plan precludes the necessity of such a street . Having eliminated the first purpose for building this street the second purpose must then be examined. An additional point of access to Pacific Highway for neighborhood residential traffic would benefit the access points which now exist by somewhat reducing the traffic volumes at these locations (McDonald and Garrett Streets at Pacific) . According to Mr . McFarland of Allied Realty, construction of the proposed street would make development of their project infeasible. It is the staff 's opinion that the benefits to be gained from the proposed recreational center outweigh the benefit to be derived from providing additional neighborhood access to Pacific Highway. It is therefore :_recommended that the Planning Commission find that circumstances and conditions have changed since the NPO #1 Plan was adopted and the necessity for building the proposed street no longer exists .