Planning Commission Packet - 04/19/1977 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PLEASE NOTE: The original paper record has been archived and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
fi TIGARD PLANNING COMMISSION
1.pr l 19, 1977 - 7: 30 F.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut, Tigard, Oregon
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF MINUTES :
4. COMMUNICATIONS:
5 . PUBLIC HEARINGS :
5. 1 NEIGHBORHOOD PLANNING ORGANIZATION (N.P.O. ) #5
A request by the City of Tigard and N.P.O. #5 to amend the
Comprehensive Plan for the area bounded by Interstate 5 on
the east, State Hwy. 217 on the north, Hall Blvd. on the
west, and by the city of Durham on the south. The revision
requested would amend both map and text of said Tigard Com-
prehensive Plan with respect to the above-described area.
5. 3 COMPREHENSIVE PLAN REVISION 2-77 N.P.O. VI
A request by Craig Cowles to amend the Tigard Community Plan
as it is applied to a 4. 39 acre parcel at 16285 S .W. 85th
Ave. to change it from "Urban Low Density Residential" to
"General Industrial" (Wa. Co . Tax Map 2S1-14A, Tax Lot 1100) .
5.4 ZONE CHANGE 8-77 (COWLES) N.P.O. VI
A request by Craig Cowles for a zone map amendment to change
the zoning designation from Wa. Co. zoning "RU 4" to City of
Tigard zoning "M-3 Light Industrial" at 16285 S .W. 85th Ave .
(Wa. Co. Tax Map 281-14A, Tax Lot 1100) .
II
AGENDA
TIGARD PLANNING COMMISSION
Page 2
5.5 ZONE CHANGE 10-77 (POLLOCK) N.P.O. III
A request by Donald Pollock for a preliminary review of a 15
lot single family planned development in a R-7 (single fam-
ily) zone between S .W. Pathfinder Way and S .W. Walnut St .
(Wa. Co . Tax Map 251 2BC, Tax Lot 1900) .
5 .6 SUBDIVISION 8-77 (YOLO ESTATES) N.P.O. III
A request by Donald Pollock to create a 15 lot residential
subdivision with an average lot size of 10,500 sq. ft . be-
tween S .W. Pathfinder Way and S .W. Walnut Street (Wa. Co .
Tax Map 2S1 2BC, Tax Lot 1900) .
5 . 7 ZONE CHANGE ZC 2-77 (EMPKIE) N.P.O. II
A request by Robert Empkie for a general plan and program
review of a proposed five (5) duplex planned development in
a R-7 (single family) zone on S .W. 98th Avenue (Wa. Co. Tax
Map 1S1 35CD, Tax Lot 1600) .
5 .8 CONDITIONAL USE 8-77 N.P.O. I
A request by McDonald Pacific Investment Group for a condi-
tional use permit to locate an office complex in a C-3 (gen- ,1
eral commercial) zone at 13900 S .W . Pacific (Wa. Co . Tax Map
2S1 3DD, Tax Lot 1201) .
5 .9 ZONE CHANGE ZC 8-77
A request by the City of Tigard for a zone map amendment to
change the zoning designation from Washington County Zoning
"RU-4" to City of Tigard Zoning "R-7, Single Family Residen-
tial" at 9795 S .W. Frewing Street (Wa. Co . Tax Map 2S1 2CA, Tax
Lot 100) .
5. 10 CONDITIONAL USE 7-77 N.P.O. I
A request by Martin Eggert for a conditional use permit to
locate two duplexes in a R-7 (single family residential) zone
at 9795 S.W. Frewing (Wa. Co. Tax Map 251 2CA, Tax Lot 100) .
5. 11 MINOR LAND PARTITION 4-77 N.P.O. I
A request by Martin Eggert to partition a .64 acre parcel
into two lots with a typical lot area of 14,000 sq. ft . at
9795 S.W. Frewing (Wa. Co . Tax Map 2S1 2CA, Tax Lot 100) .
„No 5. 12 SUBDIVISION 6-77 N.P.O. VII
A request by W. Brown to partition a 2.46 acre parcel into
nine (9) lots with a typical size of 7,500 sq. ft . in a R-7
(single family residential) zone at S .W. Dakota and Tigard HI
Street (Wa. Co . Tax Map 181 34CA, Tax Lots 100 and 200 .
1
AGENDA
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut - Tigard, Oregon
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF MINUTES:
4. COMMUNICATIONS :
5. PUBLIC HEARINGS :
5 . 1 NEIGHBORHOOD PLANNING ORGANIZATION (NPO) #5
A request by the City of Tigard and NPO #5 to amend the
Comprehensive Plan for the area bounded by Interstate 5
on the east , State Highway 217 on the north , Hall Boule-
vard on the west, and by the city of Durham on the south .
The revision requested would amend both map and text of
said Tigard Comprehensive Plan with respect to the above-
described area.
5.2 ENVIRONMENTAL DESIGN AND OPEN SPACE PLAN (PARK BOARD)
A request by the City of Tigard and the Park and Recrea-
tion Board to reconsider the proposed Implementation Pro-
gram for the Environmental Design and Open Space Plan,
approved by the commission March 29, 1977.
5 . 3 COMPREHENSIVE PLAN REVISION 2-77 NPO VI
A request by Craig Cowles to amend the Tigard Community
Plan as it is applied to a 4 . 39 acre parcel at 16285 S .W.
85th Avenue to change it from "Urban Low Density Residen-
tial" to "General Industrial" (Wash. Co . Tax 2S1 14A, Tax
Lot 1100) .
5 .4 ZONE CHANGE 8-77 (COWLES) NPO VI
A request by Craig Cowles for a zone map amendment to
change the zoning designation from Washington County Zon-
ing "RU 4" to City of Tigard Zoning "M-3 Light Industrial"
at 16285 S .W. 85th Avenue (Wash. Co . Tax Map 2S1-14A, Tax
Lot 1100) .
5 .5 ZONE CHANGE 10-77 (POLLOCK) NPO III
AGENDA
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 2
A request by Donald Pollock for a preliminary review of a
15 lot single family planned development in a R-7 (single
family) zone between S .W. Pathfinder Way and S .W. Walnut
Street (Wash. Co . Tax Map 2S1 2BC, Tax Lot 1900) .
5.6 SUBDIVISION 8-77 (YOLO ESTATES) NPO III
A request by Donald Pollock to create a 15 lot residential
subdivision with an average lot size of 10,500 sq. ft . be-
tween S .W. Pathfinder Way and S .W. Walnut Street (Wash.
Co . Tax Map 2S1 2BC, Tax Lot 1900) .
5. 7 ZONE CHANGE ZC 2-77 (EMPKIE) NPO II
A request by Robert Empkie for a general plan and program
review of a proposed five (5) duplex planned development
in a R-7 (single family) zone on S .W. 98th Avenue (Wash .
Co . Tax Map 1S1 35CD, Tax Lot 1600) .
5 .8 CONDITIONAL USE 8-77 NPO I
A request by McDonald Pacific Investment Group for a con-
( ditional use permit to locate an office complex in a C-3
(general commercial) zone at 13900 S .W. Pacific (Wash.
Co . Tax Map 2S1 3DD, Tax Lot 1201) .
5 .9 ZONE CHANGE ZC 8-77
A request by the City of Tigard for a zone map amendment
to change the zoning designation from Washington County
Zoning "RU-4" to City of Tigard Zoning "R-7, Single Fam-
ily Residential" at 9795 S .W . Frewing Street (Wash . Co .
Tax Map 2S1 2CA, Tax Lot 100) .
5 . 10 CONDITIONAL USE 7-77 NPO I
A request by Martin Eggert for a conditional use permit to
locate two duplexes in a R-7 (single family residential)
zone at 9795 S .W. Frewing (Wash . Co. Tax Map 2S1 2CA, Tax
Lot 100) .
6. OTHER BUSINESS :
7. ADJOURNMENT:
MINUTES
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
1. CALL TO ORDER:
2. ROLL CALL: Present : Popp, Goldbach, Heim, Wood, Sakata, Tepedino,
and Nicoli
Excused Absence : Moore
3. APPROVAL OF MINUTES : The minutes of March 29 were approved as read.
The minutes of April 5 were approved as read.
4 . COMMUNICATIONS : Staff presented a letter from the city attorney
with regard to Commissioner Heim' s participation
in the Planning Commission consideration of NP V.
5. PUBLIC HEARINGS :
5 . 1 NPO V
A request by the City of Tigard and NPO V to amend the Tigard
Comprehensive Plan, 1971, for the area bounded by Interstate
5 on the east , State Highway 217 on the north, Hall Boulevard
on the west, and by the city of Durham on the south.
A. Staff Report :
Dick Bolen, planning director, outlined the procedure and
introduced John Smets, NPO V chairman.
o Smets presented an outline of the NPO V program.
o Ted Nelson and Adrien Kroese submitted testimony.
o Bolen presented the staff report .
B. Public Testimony:
o John Havery, NPO V member:
Presented the minority report on the Bonita Triangle
which recommends R-7 zoning but also stated that he
would support the planning staff recommendation for
mixed density.
Presented the minority report for the Rolling Hills
area, asking that the area to the west of Rolling Hills
MINUTES
TIGARD PLANNING COMMISSION
C April 19, 1977 - 7: 30 P.M.
Page 2
be zoned "M-4" . He also disagreed with staff 's pro-
posal for the arterial streets.
o Gene Ginther, representing the Addington property on
S .W. Hall Boulevard, asked that uses other than resi-
dential be chosen for the area around the sewage treat-
ment plant .
o Howald Nodlin, resident in the Bonita Triangle, pro-
tested the spur road.
o Cliff Ashley, Chairman of NPO I , expressed concern
over apartment density for the Bonita Triangle.
o Fred Field, NPO V. member and owner of the industrial
land next to Rolling Hills, stated that it was his in-
tent to protect the livability of Rolling Hills when
the property is developed.
o Tom Whittaker, architect for Mr. Fields, stated that
the majority report for the area around the Rolling
Hills subdivision should be accepted as a result of
the planning process.
o Walter Durham, Katherine Winston, Don Feller, Dave
Bitzger, and Bill Beaker also presented testimony.
D. Commission Discussion :
o Discussion on majority report versus minority report
o Dick Bolen, planntng director , explained NPO procedures
and recommended that the Planning Commission have a
study session on the matter.
o Popp suggested that NPO V be scheduled for the next
public meeting.
Goldbach moved and Tepedino seconded to table further con-
sideration of NPO V to the May 17 meeting.
The motion was approved by unanimous voice vote.
5. 2 Environmental Design and Open Space Plan
A request by the City of Tigard and the Park and Recreation
Board to reconsider the proposed Implementation Program for
Ya '
MINUTES
TIGARD PLANNING COMMISSION
e April 19, 1977 - 7: 30 P.M.
Page 3
the Environmental Design and Open Space Plan, approved by the
• commission March 29, 1977.
A. Staff Report :
o Read by Bolen
•
o Ben Altman presented memo to the Planning Commission
B. Public Testimony:
Mary Payne and Roger Zumwalt, Park Board members, asked
that the Planning Commission approve the staff recommen-
dation.
C. Staff Recommendation :
•
Staff recommended that the Planning Commission adopt this
final portion of the park plan.
D. Commission Discussion :
o Wood suggested that a property transfer tax be included
in the staff recommendation. This transfer tax would
be applied when titles to homes were transferred, f'
therefore assuring that all housing would be taxed
rather than just new housing.
Nicoli moved and Tepedino seconded to forward the Park
Board' s recommendation to the City Council and that the
City Council be made aware of Commissioner Wood ' s real
estate transfer tax suggestion.
The motion was approved in a seven to one voice vote, with
Wood dissenting.
5. 3 CPR 2-77
A request by Craig Cowles to amend the Tigard Community Plan
as it is applied to a 4 .39 acre parcel at 16285 S .W. 85th
Avenue to change it from "Urban Low Density Residential" to
"General Industrial" .
A. Staff Report :
Staff presented a memo recommending a tabling of the ac-
tion until NPO V is- adopted and NPO VI is organized and
provided the opportunity to respond.
•
I•
MINUTES
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
' Page 4
B. Applicant ' s Presentation :
Applicant was not represented.
C . Public Testimony :
None
D. Commission Discussion:
Nicoll moved and Heim seconded to table the motion as per
the staff recommendation .
The motion was approved by unanimous voice vote.
5. 5 ZC 10-77 POLLOCK
A request by Donald Pollock for a preliminary review of a 15
lot single family planned development in a R-7 (single family)
zone between S .W. Pathfinder Way and S .W. Walnut Street .
A. Staff Report :
}
o Read by Daniels
B. Applicant 's Presentation :
o Dick Brainard, project architect , stated reasons why a
planned development was being utilized and stated why
certain variances were being requested.
o Dave Brian, project engineer, stated that a new study
based on a 100 year flood necessitated an overflow cul-
vert under Walnut Street .
C. Public Testimony:
In favor: none
In opposition:
ffi
o Mr. and Mrs . Roger Zumwalt presented and read into the F.
record a memo in opposition to the development .
r.,
o Jim Henderson expressed concern over the drainage prob-
lems on the site and in the surrounding area. "'^
I ``
4
MINUTES
TIGARD PLANNING COMMISSION
7.,, April 19, 1977 - 7: 30 P.M.
Page 5
o Maurice Marzineck stated opposition to the requested
variances and development of the parcel because of ex-
pected adverse impacts to the existing septic tanks .
� a
o Kay Johnston stated that the Washington County Health
Department tested only ten to 15 feet into the site for
sewage, not the middle where the problem is.
o Roger Zumwalt presented written testimony in opposition
to the development .
D. Staff Recommendation :
o Staff questioned Brian on public concerns over drainage
and flood levels.
Based on the findings of fact and conclusionary findings,
staff recommended approval of the preliminary plan and
program, and the general plan and program include the fol-
lowing modifications and conditions :
1. Lots 14 and 15 be combined for an extension of the
pathway and open drainage from the Watkins Place sub-
division
2. An overall landscape and building siting plan be in-
cluded in the general plan and program
3. Design for the signing and marking of the bike path
in the street right-of-way be included in the general
plan and program
4. A French drain type of storm water drainage system
should be provided along the southeast plat boundary
to intercept run-off from the up-slope development .
Marzineck asked that Pollock assume liability for surround-
ing septic systems.
o Mrs. Zumwalt questioned prior staff recommendations.
o Lou Fasano stated that if Mr. Pollock is not allowed
to build, a law suit would be filed against the City. '
The items under discussion were also addressed.
`rr
o Fasano objected to Staff. Recommendations #1 and #2.
L1
i
I
c.
MINUTES
TIGARD PLANNING COMMISSION
( April 19, 1977 - 7: 30 P.M.
Page 6
E . Commission Discussion :
o Tepedino expressed concern over the drainage arrange-
ments and suggested that density and siting be reworked.
o Commission discussion on the pros and cons of the de- C'
velopment
o Wood moved and Goldbach seconded for approval based on
staff finding and with staff recommendations plus the
following:
#1 be altered to read that an easement be provided for
Lots 14 and 15
#5 - a drainage plan be submitted
#6 - greenway be developed prior to dedication
The motion was approved in a six to two roll call vote,
with Popp and Tepedino dissenting.
5.6 Subdivision 8-77 (Yolo Estates)
A request by Donald Pollock to create a 15 lot residential
subdivision with an average lot size of 10,500 square feet be-
tween S .W. Pathfinder Way and S .W. Walnut Street
Staff recommended denial, since a planned development for site
had just been given preliminary approval .
Tepedino moved and Goldbach seconded that the proposal be de-
ased on the findings need, based s in the staff report .g
The motion was approved by unanimous voice vote.
5. 7 Zone Change 2-77 (Empkie)
A request by Robert Empkie for a general plan and program re- y.
view of a proposed five duplex planned development in a R-7
(single family) zone on S .W. 98th Avenue .
A. Staff Report :
o Read by Daniels ,
a
k
,R
MINUTES
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 7
B. Applicant ' s Presentation :
Bob Empkie, applicant , described the proposal and its im-
pact on the neighborhood.
C. Public Testimony:
None
D. Staff Recommendation:
Based on the findings of fact and conclusionary findings,
staff recommends approval with the following conditions:
1. Ten feet be dedicated for street purposes along S .W.
98th Avenue
2. The common area be relocated more central to the site,
and an improvement plan be submitted for staff ap-
proval prior to final plan approval
3. An overall landscape plan be submitted for Design Re-
f/
hy_ view.
E . Commission Discussion :
o Empkie stated that covenants and restrictions would be
placed to control the age group.
o Discussion on architecture and driveway
o Wood questioned the density of the planned development .
o Nicoll stated that the trade-off for open space was not
beneficial to the city and did not warrant an increase
in density.
Sakata moved and Heim seconded for approval for eight
units with the three staff recommendations and #4, that
the last unit be turned so that the backyard abuts the
backyard of the house on Lewis Lane.
o Wood stated that anything other than 6i units would be
inappropriate.
The motion was approved by a voice vote of seven to one,
with Wood dissenting.
MINUTES
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 8
5 .8 Conditional Use 8-77
A request by McDonald Pacific Investment Group for a condi-
tional use permit to locate an office complex in a C-3 (gen-
eral commercial) zone at 13900 S .W. Pacific
A. Staff Report :
o Read by Daniels
B. Applicant ' s Presentation :
o Duane Christie stated that they were in agreement with
staff findings but questioned the traffic control and
asked that a non-remonstrance agreement be attached,
rather than a half street improvement .
C. Public Testimony:
None
D. Staff Recommendation :
Based on the findings of fact and conclusionary findings,
staff recommends approval with the following conditions :
1. Access onto S .W. Pacific Highway be limited to a
joint access point with the tire sales outlet and re-
stricted to right-turn egress only
2. The site be brought into conformance with the present
landscaping requirements of the Tigard Municipal Code
3. A sidewalk built to city standards be provided along
S .W. Pacific Highway
4. A half street improvement be provided along S .W. Mc-
Donald Street in accordance with the standards speci-
fied in NP I .
E. Commission Discussion:
o Discussion on access to the site
Sakata moved and Nicoli seconded for approval with Staff
Recommendation #1_, that access to the site be subject to
yy(
Y
MINUTES
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M. �!
IL Page 9
Oregon. State Highway Department approval and #4, non-re- tl
monstrance agreement for the improvement of S .W. McDonald
be provided
The motion was approved by unanimous voice vote.
5.9 Zone Change 8-77
A request by the City of Tigard for a zone map amendment to
change the zoning designation from Washington County Zoning
"RU-4" to City of Tigard Zoning"R-7, Single Family Residen-
tial" at 9795 S .W. Frewing Street.
A. Staff Report :
o Read by Daniels
B. Public Testimony:
None
C. Staff Recommendation :
Staff recommended approval as submitted.
D. Commission. Discussion:
o Goldbach moved and Nicoli seconded for approval based
on staff findings.
The motion was approved by unanimous voice vote,
5. 10 Conditional Use 7-77
A request by Martin Eggert for a conditional use permit to lo-
cate two duplexes in a R-7 (single family residential) zone
at 9795 S.W. Frewing
A. Staff Report :
o Read by Daniels
o Staff presented letters from Mrs. R.T. Hayman and Mary s'
Feller.
f'
5
(4,
MINUTES'
TIGARD PLANNING COMMISSION
April 19, 197'7 - 7 :30 P.M.
Page 10
B. Applicant ' s Presentation:
o Martin Eggert , applicant, described his proposal and
its effect on the surrounding properties.
C. Public Testimony:
In favor: none
In opposition:
o Clint Ashley, chairman of NPO I , stated that two du-
plexes were a concern to the neighborhood because of
lack of buffering and that the development was not in
accord with Policy #7.
o Don Feller objected to the proposed density and lot
size .
D. Staff Recommendation :
Based on the findings of fact and conclusionary findings,
the staff recommended approval with the following condi-
tions:
1. Either a half street improvement to City local street
standards be provided or an agreement to participate
in a local improvement district for the improvement
of S.W. Frewing Street be filed with the city re-
corder. The determination as to which method of
street improvement to be made by the director of Pub-
lic Works .
2. Five feet be dedicated for street right-of-way along
S .W. Frewing for future street widening.
o Eggert submitted a petition in support of the develop-
ment .
E. Commission Discussion :
o Sakata spoke in favor of one duplex and one residence.
o Nicoli stated that surrounding land uses were compati-
ble to duplexes .
MINUTES
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 11
o Eggert stated that it was not economically feasible to
build one duplex.
Tepedino moved and Nicoli seconded for approval with the it
staff conditions.
is
The motion failed in a three to four roll call vote, with l;
Popp, Goldbach, Heim, and Sakata dissenting.
6. OTHER BUSINESS : !.
o Tepedino objected to a potential conflict of interest involving
a nominee for NPO VII and directed staff to investigate the mat-
ter.
`-
7. ADJOURNMENT:
There being no other business, the meeting was adjourned at 1 :45 A.M.
MIL
iI
STAFF REPORT
AGENDA 5 .5
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
DOCKET: ZC 10-77
REQUEST: Preliminary review of a proposed 15 unit residential
planned development in a "R-10, Single Family Residen-
tial" zone
LOCATION: Between S .W. Pathfinder Way and S .W. Walnut Street
(Wash. Co . Tax Map 2S1 2BC, Tax Lot 1900)
APPLICANT: Don Pollock/Richard Brainard
I . FINDINGS OF FACT:
1. The applicant is requesting preliminary review of a 15
unit residential planned development on a 6. 32 acre par-
eel in accordance with Section 18.56.020 of the Tigard
Municipal Code.
2. Section 18 . 56 .010 states :
�.. "The purpose of the planned development district is to
provide opportunities to create more desirable environ-
ments through the application of flexible and diversified
land development standards under a comprehensive plan and
program professionally prepared. The planned development
district is intended to be used to encourage the applica-
tion of new techniques and new technology to community
development , which will result in superior living or de-
velopment arrangements with lasting values. It is fur-
ther intended to achieve economies in land development,
maintenance, street systems, and utility networks, while
providing building groupings for privacy, usable and at-
tractive open spaces, safe circulation, and the general
well-being of the inhabitants . "
3. "Section 18 . 56 .020 provides for preliminary plan and pro-
gram 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. "
ir
STAFF REPORT
AGENDA 5.5
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 2
4 . Applicable policies from NP III include the following:
Policy 4 . "Protect the existing suburban character of
this portion of the neighborhood from encroachment by
higher density developments . The maximum overall density
of development will be three dwelling units or 9 persons
per gross acre. A higher density of 4 units or 12 per-
sons per gross acre is a possibility within an approved
planned unit development .
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.
Policy 6 . Development will coincide with the provision
of public streets, water, and sewage facilities. These
facilities shall be (a) capable of adequately serving de-
velopment and (b) designed to meet City or County stand-
ards.
� . Policy 25. When land is developed and includes a desig-
nated 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.
Policy 26 . Any street improvement project in the neigh-
borhood should include facilities for the pedestrian and
the bicyclist .
Policy 27. Any development along stream channels for
recreational purposes should not disturb existing trees.
In places where trees are absent, some should be planted.
The greenways are not suited for intensive recreational
development and should be restricted to an all-weather
path and passive areas for resting, picnicing, and re-
lated activities.
5 . Prior actions of the Planning Commission regarding this
parcel are as follows :
a . December 17, 1970 CU 19-70. The Planning Commission
and City Council approved a 35 unit planned develop-
ment with a 24 ft . wide, one-way through street from
S .W. Walnut Street to S .W. Fonner Street subject to
STAFF REPORT
AGENDA 5 .5
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 3
(1) The total number of dwelling units shall be no
more than 35 and shall be residential in char-
acter and compatible to surrounding residential
developments .
(2) Through traffic within the development shall be
one-way only, from Walnut Street to Fonner
Street .
(3) Streets may be paved to a width of no less than
24 ft . , with appropriate curbs to provide storm
drainage--plans to be approved by City staff--
provided that parking shall be prohibited on
such street and that each dwelling unit shall
have a minimum of 2. 5 parking stalls for its use
(a total of 88 parking spaces) .
(4) Normal front, side, and rear setbacks may be
waived, provided that each dwelling unit shall
have at least one yard of 20 ft . or more .
(5) That the land may be subdivided in accordance
with procedures established by the City 's Sub-
division Ordinance.
(6) That the area designated as open space be dedi-
cated to the City for park purposes with satis-
factory
guarantee of appropriate grading, seed-
ing, and other planting, as reviewed and approved
by the Planning Department .
(7) That all utilities shall be underground.
(8) That final plans showing typical elevations,
proposed landscaping, walkways, street tree
plantings, decorative lighting, park area, storm
drainage specifications, utility provisions, and
off-street parking shall be submitted for Plan-
ning Department approval prior to issuance of
building permits.
(9) That prior to tree cutting, excavation, and
building construction, the Planning Department
shall review and approve individual plot and de-
sign plans to insure adequate open space , tree
Ar
IL
STAFF REPORT
AGENDA 5.5
,.., TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 4
conservation and housing privacy.
(10) A storm water control basin shall be developed
to alleviate potential flooding of downstream
properties. Applicant shall also save the City
harmless from liabilities arising as a result
of the development of the proposed facilities .
(11) Home Owners Association Agreement shall be re-
viewed and approved by City Attorney before the
issuance of building permits.
This approval expired due to lack of substantial construc-
tion within one year of approval .
b. March 20, 1973 ZC 1-73. The Planning Commission ap-
proved a 26 unit planned development with the follow-
ing conditions:
(1) That the density of the proposed development
shall be reduced from 30 dwelling units to 26
(2) That buildings paralleling the south property
line (abutting single family zoning) shall be
one story in height
(3) That the minimum building setback from the south
property line shall. be 15 feet
(4) That a detailed site development plan and the
architectural design of the multi-family dwel-
lings shall be approved by the Planning Commis-
sion prior to issuance of building permits, to
insure compatibility with the single family neigh-
borhood.
(5) That 10 feet shall be dedicated to the City along
Walnut Street and 5 feet along Fonner Street to
provide adequate right-of-way width for future
street improvements.
(6) That the designated common area north of Path-
finder
Way be deeded to the City after construc-
tion of the path to become part of the community 's
greenway system.
STAFF REPORT
AGENDA 5 .5
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 5
This decision was appealed to the City Council and
reversed, denying the proposal .
c . December 7, 1976 ZC 13-76. The Planning Commission
denied preliminary plan and program for a 24 unit
planned development, based on lack of conformity to
NP III with particular concerns about density, drain-
age and flood plain, and traffic problems.
d. February 1, 1977 ZC 17-76. The Planning Commission
denied a preliminary plan and program for a 18 unit
planned development based on inadequate flood plain
information and site drainage problems.
6 . The subject property is not within the City of Tigard
Flood Plain District , as regulated by Ordinance 74-50A.
II . STAFF OBSERVATIONS :
The site is a westerly sloping, highly vegetated parcel bi-
sected by a creek which flows in a northerly direction . Sur-
rounding the parcel are two large lot subdivisions on septic
tanks and the Pathfinder Subdivision with 7,500 to 8,000 sq.
ft. sewered lots.
A 15 inch sewer main is adjacent the creek through the site
with an 8 inch water line in S .W. Walnut and a 6 inch water
line in S .W. Pathfinder Way. Both systems are adequate to
service the property .
Concern has been voiced in the past that the stability of
the soil is such that it renders portions of the property un-
buildable . The applicant has responded by providing cut and
fill profiles which locates the structures on the higher
ground with the foundations of all buildings below or on
existing grades and not on fill as was -
g g w s the Pathfinder Sub-
division. This area is shown on the U.S. Soil Conservation
Service soils reports as having moderate to severe develop-
ment constraints due to wetness, low strengh, and high shrink
swell potential . The Uniform Building Code requires a soils
compression test for problem areas such as this and will be
required prior to issuance of any building permits.
r
Of equal concern during recent review of this property has
been the issue of drainage and flood plains. As noted in
ra
STAFF REPORT
•
AGENDA 5 .5
TIGARD PLANNING COMMISSION
•
April 19, 1977 - 7 : 30 P.M.
Page 6
finding of Fact #6, this site was not found to be within the
100 year flood plain, as determined by the U.S . Army Corps
of Engineers. The determination has been made that the high
water table on this property is probably a result of poor
drainage caused by the fill when S .W . Walnut was vertically
aligned. The result of this has been to create a flood water
retention basin, which, during periods of heavy rainfall,
functions so as to lessen the impact of the run-off 's initial
crest . The applicant has designed the development so as to
maintain this community asset by adding a 48 inch culvert at
a higher point than the existing 36 inch culvert under S .W .
Walnut Street . This will serve as an overflow pipe and as-
sure that water will not be backed up to the finished floor
elevation of the proposed dwellings or the properties up-
stream. The applicant also anticipates filling a portion of
the existing retention basin, although artifically created.
The drainage basin is proposed to be dedicated to the public
for inclusion as part of the City 's greenway system for open
space preservation .
With the proposed grading and filling, as proposed, little
a of the existing vegetation in the building areas is expected
to remain. This vegetation is generally of low quality
brush. By dedicating the low area for open space, that vege-
tation will be retained in its natural state . An extensive
planting program is necessary .
Although much of the upstream and surrounding development
has occurred in the county without sanitary sewers, there
has been concern expressed that an unhealthy situation exists
on this site . Since the last Planning Commission review of
this site, the Washington County Health Department has in-
spected the site and found the cause of the odor to be the
result of decaying vegetation, not sewage . (See attached. )
The applicant has proposed providing sewer easements to ad-
jacent properties on the east, which are currently on septic
tanks, should a sewage problem develop .
The lotting pattern as proposed envisions 15 lots from 8,075
sq. ft . to 12,000 sq. ft, with an average lot size of 9, 277
sq. ft . This is within the 3 units/gross acre limitation of
NP III . In the area of Lot 14 a very small stream enters
the site . When the property to the south was given tenta-
tive subdivision approval on April 5, part of that proposal
was to maintain the open drainage (not culverted) and extend
a bicycle/pedestrian path to this property for connection to
(ems
STAFF REPORT
AGENDA 5 .5
6' TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 7
the City greenway system. The path is projected to follow
the stream and will end at the southeastern edge of Lot 14 .
The concept of maintaining the open drainage and connection
to the greenway system should be continued through this site,
which would result in combining Lots 14 and 15 to provide
one building site with a wide side yard, stream, and pathway.
The applicant proposes to utilize portions of the streets as
a substitute constructing a
it e to constructing athwa. in the drainage basin .
pathway
This appears to be acceptable if properly signed as a public
pathway.
NPO III reviewed the proposal in February and recommended
approval of the 18 unit development provided that sewer ease-
ments are available for the parcels to the east and that the
greenway area be maintained as permanent open space .
III . CONCLUSIONARY FINDINGS :
1. The proposal conforms to NP III in that :
a. The density is within the limitation of Policy 4
b. Paved streets , gutters, etc . are being provided
c. Adequate water and sewer facilities are available
d. Facilities are being provided for pedestrian and bi-
cycle traffic
e . The natural state of the greenway is being protected
by dedication to the City.
2. A superior design beyond that provided through a standard
subdivision is being achieved with less environmental im-
pacts
grouping the buildings on a portion of the site
acts by tt buildings p
p Y g P g
with the average lot size less than the standard lot size
required by the underlying zone .
IV. STAFF RECOMMENDATION :
Based on the findings of fact and conclusionary findings,
staff recommends approval of the preliminary plan and program,
and the general plan and program include the following modi-
fications and conditions :
It
STAFF REPORT
AGENDA 5 .5
TIGARD PLANNING COMMISSION
April 19, 1977 - 7 : 30 P.M.
Page 8
1. Lots 14 and 15 be combined for an extension of the path-
way and open drainage from the Watkins Place subdivi-
sion
2. An overall landscape and building siting plan be included
in the general plan and program
3. Design for the signing and marking of the bike path in
the street right-of-way be included in the general plan
and program
4. A French drain type of storm water drainage system should
be provided along the southeast plat boundary to inter-
cept run--off from the up-slope development .
�11
1
rl
iT
•
STAFF REPORT
AGENDA 5 .7
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
DOCKET: ZC 2-77
REQUEST: General Plan and Program Review of a Proposed 10 Unit
Residential Planned Development in a R-7 Zone
LOCATION: 11600 S .W . 98th Avenue (Wash. Co . Tax Map 1S1 35CD, Tax
Lot 1600)
APPLICANT: Robert Empkie
I . FINDINGS OF FACT:
1. The applicant is requesting general plan and program re-
view of a 10 unit residential planned development in a
R-7 zone in accordance with Section 18.56. 030 of the Ti-
gard Municipal Code .
2 . The Planning Commission on February 1, 1977, granted pre-
liminary plan and program approval to the development
proposal with the addition of a landscape architect to
the design team.
3. Section 18 .56,040 of the Tigard Municipal Code author-
izes the Planning Commission to recommend City Council
approval when based on the following findings:
a. That the proposed development is in substantial con-
formance with the comprehensive plan for the city
b. That exceptions from the standards of the underlying
district are warranted by the design and amenities
incorporated in the development plan and program
c. That the proposal is in harmony with the surrounding
area or its potential future use
•
d. That the system of ownership and the means of develop-
ing, preserving, and maintaining open spaces is suit-
able
•
e . That the approval will have a beneficial effect on
the area which could not be achieved under other zon-
ing districts
•
•
STAFF REPORT
'. AGENDA 5. 7
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 2
i thereof,f . That the proposed development, or a unit t
p p ,
'
can be substantially co m l et e d wit hin one year of II
the approval
4. The site is designated "Urban Low Density Residential"
on NP IT . Applicable policies are as follows:
Policy 6. "The single family character of the area
designated on the plan map as low density residential
is viewed as a positive asset to be retained. Pro- ('''I
jects proposed for this area must be judged accord-
ingly to effects upon this character. " (See Pages
15, 16, NP II)
Policy 7. "Within the low density residential area,
duplexes will be allowed on lots less appropriate
for single family homes to include locations at
street intersections and as buffers between multi-
family and single family areas . " (See Pages 15, 16
NP II)
5 . Section 18. 56.070 specifies the minimum parcel size in a
planned development to be four acres unless the Commis-
' sion finds that the property is suitable by virtue of its
unique character, topography, or landscaping, or by vir-
tue of its qualifying as an isolated problem area.
f
The NP II has identified areas adjacent apartments as
problem areas and provided the duplex option as a density
buffer. This proposal is for single story buildings,
which will diminish the density impact and provide a buf-
fer between the apartments and the recently constructed
homes and adjacent on the south.
II . STAFF OBSERVATIONS :
1
The site is a flat 1 acre parcel occupied by an older single
family residence in the front portion of the lot with the re-
mainder being vacant . The surrounding land use is an apart-
ment building and single family residence on the north, sin-
gle family residence on the south and east, and a multi-fam-
ily planned development on the west .
The proposed involves linear placement of five (5) duplex
structures, a 26 ft . wide street and a 53 ft , diameter turn
( ,
E
r
Y
STAFF REPORT
AGENDA 5.7
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 3
around. Due to the narrowness of the lot, the lineal build-
ing placement is somewhat dictated, but it does not need to
be carried the entire length of the site . Considerable pav-
ing cost and a more compatible situation would be realized
if the cul-de-sac style driveway were shortened so as to
have a common backyard with the adjacent lots to the east
and placing the common area more central to the site .
S .W. 98th Avenue is designated a local street on NP II and
is projected to be extended to the south to connect with
S .W. Commercial . S .W. 98th Avenue is presently a 30 ft .
right-of-way at this point . An additional 10 ft . is neces-
sary to satisfy the right-of-way needs of this street .
S .W. 98th Avenue is a substandard street in need of repair,
with narrow pavement width, no curbs, shoulders, sidewalks,
etc .
Tr -Met bus service is available on S .W. Greenburg.
The proposed density is 10 units/acre . Standard single fam-
ily zoning is four units/acre, with multi-family zoning at
12 units/acre. Since the applicant is limiting occupancy to
senior citizens, 10 units/acre is appropriate.
IV. CONCLUSIONARY FINDINGS :
1. The proposal conforms to NP II because of its location
between single family dwellings and apartments .
2. Deviating the density and lot standards is warranted by
the provision of common open area (when relocated into a ,
central location)
3. With proper landscaping, the proposal is in harmony with
the surrounding area by serving as a density buffer for
the single families to the south
4 . With appropriate deed covenants, the preservation and
maintenance of the open space can be assured.
5. The proposal will have a beneficial effect on the neigh- I
borhood by providing affordable senior citizen housing
in the neighborhood and providing a density buffer .
4emmomMOMIIIMMEMEMMEM
ry
STAFF REPORT
AGENDA 5. 7
. TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 4
6 . The proposal due to its small size can be substantially
completed within one year.
7. This site is more appropriate than others already zoned
for the proposed zoning due to its proximity to mass
transit and buffering potential .
8. The applicant has substantiated a public need for duplex
density zoning in order to create affordable senior citi-
zen housing.
V. STAFF RECOMMENDATION:
Based on the findings of fact and conlusionary findings,
staff recommends approval with the following conditions :
1. 10 ft . be dedicated for street purposes along S .W. 98th
Avenue
2 . The common area be relocated more central to the site,
and an improvement plan be submitted for staff approval
prior to final plan approval
3. An overall landscape plan be submitted for Design Review.
STAFF REPORT
AGENDA 5.8
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W . Walnut - Tigard, Oregon
DOCKET: CU 8-77
REQUEST: To locate a professional office building in a "C-3, Gen-
eral Commercial" zone
LOCATION: 13900 S .W. Pacific Highway (Wash. Co . Tax Map 281 3DD,
Tax Lot 1201)
APPLICANT: McDonald Pacific Investment Group
I . FINDINGS OF FACT:
1. The applicant is requesting a conditional use permit to
locate a professional office site in an existing 20,600
sq. ft . building.
2. The site is designated "Retail Commercial" on Neighbor-
hood Planning I (NP I) . Applicable policies from NP I
are as follows :
L- Policy 18. "Pacific Highway is developing as a
strip commercial highway. The traffic carrying
capacity of this highway should have the highest
priority, and adjacent commercial development
should be subordinated to this need. "
Policy 19 . "In the interest of safety and effi-
ciency, the number of highway access points must
be kept to a minimum. Wherever possible, busines-
ses on Pacific Highway should be clustered and
share common parking facilities and driveways.
As new development occurs, the number of access
points should not exceed the number necessary for
proper on-site traffic circulation and, where
possible, should be combined with access to adja-
cent businesses . "
Policy 20. Highway-oriented commercial businesses
should have priority use of Pacific Highway front-
age because they are dependent upon the volume of
through traffic for their business.
Policy 21. Businesses on Pacific Highway should
be oriented to the existing traffic and not draw
additional traffic from the adjacent community.
STAFF REPORT
AGENDA 5 .8
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 2
Convenience or neighborhood center should, there-
fore, be prohibited from locating on Pacific
Highway.
3. The site is zoned "C-3, General Commercial", which pro-
vides that professional offices may be authorized as a
conditional use (18 .28.020(30) upon a finding that the
site is appropriate for the proposed use (18. 72.010) .
4. Past Planning Commission activities on this site in-
volve the following:
a. CU 1-76 (expired)
On January 20, 1976, a roller skating rink was ap-
proved subject to the following conditions :
(1) Applicant make a one-half street improvement
on McDonald (to collector street standards
with street trees) .
(2) There be one major in/out driveway access on
each fronting street (however, not foreclos-
ing the applicant ' s right to plan for and de-
velop additional access if made necessary by
future development , and it can be safely ac-
complished) .
(3) No approach easterly of S .W. 105th on McDon-
ald.
(4) Landscape buffer and security fencing along 1,
side and rear lot lines and on McDonald east-
erly of the approved access.
(5) The applicant apply for a variance of the City
parking standards.
(6) Adequate security lighting of
Parking. area be
provided with no light scatter beyond property
lines.
(7) Sidewalks to be provided on S.W. Pacific High-
way according to current code . '
,
STAFF REPORT
AGENDA 5 .8 i
‘ TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 3
,
i
(8) That the applicant pursue the provision of
those facilities necessary for bus loading and
bus shelter with the State Highway Division
and Tri-Met . f
b . CU 8-77
On December 21, 1976, a water recreation sales out-
let and a tire sales facility, both with outside
storage, were approved with the following conditions :
(1) The existing building be brought into conform-
ance with the Uniform Building Code .
(2) The site be brought into conformance with the
present zoning code specifically the landscape
requirements.
:. (3) The adjacent residences be screened and buf- V
fered from the uses .
{
(4) All outside storage be completely screened and
no higher than 1 ft . above the screening.
(5) A landscape plan and signing program be sub-
mitted for Design Review Board approval . '{
sJ
(6) Any lighting for the storage area be directed ?i
away from the adjacent residences, with no ,
light scatter beyond the property lines .
(7) Landscape outdoor display area along Pacific ':
Highway be eliminated. j,
(8) Sidewalks be provided along S .W. Pacific High-
way and curb side improvements along S .W. Mc--
Donald Street . ry
II . STAFF OBSERVATIONS : `'
S,.
3
The site is a 2 .2 acre parcel upon which a 20,600 sq. ft . 4+
building is located. Prior use of this site was as a super-
market The parking lot is presently being utilized as the
r
STAFF REPORT
AGENDA 5.8
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 4
Oregon Department of Environmental Quality vehicle emission
testing center . The surrounding uses are primarily commer-
cial , with the exception being the single family residence
to the east . It is important to note that the area is shown
on NP I to remain residential, and care should be taken so
as to assure minimal adverse impacts on that area above what
are currently being experienced.
III . CONCLUSIONARY FINDINGS :
;
The following findings can be found for approval of the re-
quest :
1. With the attachment of appropriate condition the loca-
tion of a professional office on the site conforms to the
NP I in that :
a. Office uses tend to be low traffic generators, which
is a stated objective for the development of S .W.
Pacific Highway.
b . The proposed use is not a convenience or neighbor-
hood center, which are expressly prohibited.
c. The traffic needs of the proposed uses allows clo-
sure of existing curb cuts along S .W. Pacific High-
way, which increases public safety along this section
of S .W. Pacific Highway.
2 . The site is appropriate for the proposed use in that it
is a relatively low traffic generator, does not require
outside storage, and is more compatible with the sur-
rounding uses than most of the uses allowed in the C-3
zone .
IV. STAFF RECOMMENDATION:
Based on the findings of fact and conclusionary findings,
staff recommends approval with the following conditions:
1. Access onto S .W. Pacific Highway be limited to a joint
access point with the tire sales outlet and restricted
to right-turn egress only.
(:
11
. 4
i&
STAFF REPORT
AGENDA 5.8
TIGARD PLANNING COMMISSION
April 19, 1977 -- 7: 30 P.M.
Page 5
2. The site be brought into conformance with the present
landscaping requirements of the Tigard Municipal Code .
3. A sidewalk built to city standards be provided along
S .W. Pacific Highway .
4. A half street improvement be provided along S .W. McDon-
ald Street in accordance with the standards specified in
NP I .
r
IL
STAFF REPORT
rv, AGENDA 5.9
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
DOCKET: ZC 11-77
REQUEST: To amend the Tigard zoning map to change the zoning desig-
nation from Washington County "Urban Residential , RU-4"
to City of Tigard zoning "R-7, Single Family Residential"
LOCATION: 9795 S .W. Frewing Street (Wash . Co . Tax Map 2S1 2CA, Tax
Lot 100)
APPLICANT: City of Tigard
I . FINDINGS OF FACT:
1. The applicant is requesting the application of City of
Tigard zoning ordinance to a recently annexed (November
17, 1976) , 27, 922 sq . ft . parcel designated "Urban Low
Density Residential" on Neighborhood Planning I (NP I) .
2. City of Tigard Ordinance 77-9 (January 24, 1977) directs
( the Planning Commission to conduct such proceedings as
may be necessary to conform the authorized zoning and
land use of the parcel to the requirements of the City's
zoning map and code.
3. Applicable policies of NP I are :
Policy 1. The maximum overall density of development
will be four dwelling units or 12 persons per gross
acre . This amounts to a standard of 7,500 sq. ft . of
land per dwelling unit , allowing for streets and other
open space. Some areas will have a lower density owing
to topography, existing development patterns, or the
desire of individuals to own a larger lot .
Policy 2 . 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.
Policy 3. Development will coincide with the provision
of public streets, water, and sewerage facilities.
These facilities shall be (a) capable of adequately
serving all intervening properties, as well as the pro-
posed development and (b) designed to meet City or County
k .
STAFF REPORT
AGENDA 5.9
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 2
standards .
4. S .W. Frewing Street is designated a local street in NP I
and is currently a 40 ft . right-of-way width, whereas 50
ft . is necessary for a local street .
5 . R-7 zoning would permit the following uses :
a. Outright permitted:
(1) Single Family dwellings, each on a separately
described lot, as recorded in the County rec-
ords;
(2) Farming, truck gardening, orchards, and nurser-
ies, provided no retail or wholesale business
sales office is maintained on the premises and
provided that no poultry or livestock, other
than normal household pets, are housed or any
fenced run located within one hundred feet of
any residence other than the dwelling on the
same lot ;
(3) Home occupations, only as strictly defined in
Section 18.08 .250.
b. Conditional uses :
( 1) Duplex residential, with a minimum lot size of
10, 000 sq. ft . : one duplex per lot
(2) Boat moorage
(3) Cemetaries
(4) Churches and accessory uses
(5) Colleges
(6) Community buildings (public)
(7) Governmental structure or land use, including
public park, playground, recreation building,
fire station, library or museum
(8) Greenhouse
STAFF REPORT
AGENDA 5.9
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 3
(9) Conditional home use : Following the procedure Yj
set forth in Chapter 18 .72, a conditional home
use may be authorized for certain home occupa-
tional uses which do not strictly conform to
the criteria set forth for "home occupation"
as defined in Section 18 .08. 250,
It is the intent of this provision to provide
the means for request for the City's considera-
tion of "home occupation" type uses when special
circumstances are present which the applicant
feels deserve this consideration . It is the in-
tent of this title that any commercial or indus-
trial operations which would ordinarily be con-
ducted in a commercial or industrial district,
continue to be conducted in such district and `.
not at home
(10) Hospital, sanitarium, rest home , home for the
aged, nursing home or convalescent home
(11) Railroad right-of-way
(12) School : nursery, primary, elementary, junior
high or senior high , college or university,
private, parochial or public
(13) Utility substation or pumping station with no
equipment storage and lines which are essential
to the functioning and servicing of residential
neighborhoods
(14) Any business, service, processing, storage or
display essential or incidental to any permit-
ted use in this zone and not conducted entirely
within an enclosed building
(15) Golf course, country club, private club c:
(16) Children ' s day care
II . STAFF OBSERVATIONS :
The parcel is presently occupied by an old, single family resi- r
dence with one access point onto S .W. Frewing Street and sur- ,.
rounded by single family dwellings on the north and east,
Ar
to
i`.
STAFF REPORT
AGENDA 5.9
tt
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 4
apartment buildings to the south, and a church on the west .
The site is generally flat with some gradual sloping on the
western portion but not of the magnitude to create develop-
ment constraints. The perimeter of the lot is heavily
planted with 10 to 12 ft . evergreen trees and tall deciduous
trees between this site and the drainage way to the west .
S.W. Frewing Street is a substandard street with narrow pave-
ment width, no sidewalks, curbs or storm sewers, and inade-
quate right-of-way.
III . CONCLUSIONARY FINDINGS :
,''::'.„'''''';'lI
1. There exists a public need to apply City of Tigard zon-
ing to all parcels of land in the city in order to ease
the administration of land use regulations.
2 . City of Tigard R-7 zoning regulations most nearly conform
to the current Washington County RU-4 zoning district .
3. The proposed R-7 zoning district is compatible with the
surrounding zoning and conforms to the "Urban Low Density k
( Residential" policies of NP I in that it limits the maxi-
mum overall density to four (4) dwelling units . With
the attachment of appropriate conditions, the adequate
provision of public services to serve the proposed devel-
opment can be assured.
IV. STAFF RECOMMENDATION:
Based on the findings of fact and conclusionary findings,
the staff recommends approval with the following conditions :
1. Either a half street improvement to City local street
standards be provided or an agreement to participate in tai
a local improvement district for the improvement of S.W.
Frewing Street be filed with the city recorder. The de- u
termination as to which method of street improvement to ,
be made by the director of Public Works .
2 . 5 ft . be dedicated for street right-of-way along S .W.
Frewing for future street widening.
kl
d
il
al
3,
STAFF REPORT
AGENDA 5 . 10
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P .M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
DOCKET: CU 7-77
•
REQUEST: To locate two duplexes in a "R-7 Single Family Residen-
tial" zone
LOCATION: 9795 S .W. Frewing Street (Wash. Co . Tax Map 2S1 2CA,
Tax Lot 100)
APPLICANT: Martin Eggert
I . FINDINGS OF FACT:
1. The applicant is requesting permission to locate two du-
plexes on two lots of approximately 14,000 sq. ft . in a
R-7 zone in accordance with Chapter 18 .72 of the Tigard
Municipal Code .
2. The site is designated "Urban Low Density Residential"
on Neighborhood Plan I (NP I ) . The applicable policy re-
garding duplexes is from NP I .
Policy 7. "Within the Urban Low Density Residential
area, allow duplexes on lots less appropriate for
single family homes to include locations at street
intersections and as buffers between Multi-Family
and Single Family areas . "
� Y
3. Section 18.20.120 of the Tigard Municipal Code allows du-
plexes in a R-7 zone as a conditional use upon a finding
that the site is appropriate for the proposed use (18 .72 .
010) .
4 . Tentative approval for the minor land partition as shown
on the site plan is expected.
II . STAFF OBSERVATIONS :
The parcel is presently occupied by an old, single family
residence with one access point onto S .W. Frewing and sur-
rounded by single family dwellings on the north and east,
apartment building to the south and a church on the west .
The site is generally flat with some gradual sloping on the
western portion of the site but not of the magnitude to cre-.
ate development constraints. The perimeter of the lot is
STAFF REPORT
AGENDA 5.10
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P.M.
Page 2
heavily planted with 10 to 12 ft . evergreen trees and tall
deciduous trees between this site and the drainage way to the
west .
III . CONCLUSIONARY FINDINGS :
The following findings can be found for approval of the re-
quest :
1. The proposal conforms with NP I Policy 7 due to its loca-
tion of being adjacent to apartments and its ability to
provide a density buffer to the single family area be-
hind.
2. The use is appropriate to the site and compatible with
the adjacent properties due to the extensive vegetative
screening.
IV. STAFF RECOMMENDATION:
Based on the findings of fact and the conclusionary findings,
the staff recommends approval as submitted.
AGENDA
N.P.O. #4
TIGARD CITY HALL
April 14, 1977 - 7: 30 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. STATEMENT OF MEETING PURPOSE BY CITY PLANNER
3. 1 Discussion of Preliminary Tigard Triangle-Metzger Plan, as
Proposed by Washington County Planning Staff
4. DISCUSSION OF FUTURE MEETING SCHEDULES
5 . ADJOURNMENT
MEMORANDUM
TO: Neighborhood Planning Organization #5
FROM: Dick Bolen
SUBJECT: Hearing on the N.P.O. #5 plan before the Planning Com-
mission at Fowler Junior High School, 10865 S .W. Walnut
Street, on Tuesday, April 19, at 7: 30 P.M.
DATE : April 14, 1977
I hope everyone is able to attend the Planning Commission
hearing on the 19th. Invite your neighbors or other persons you
know within the neighborhood who may have an interest . The en-
closed staff report has gone to the commission with a copy of
the plan text and map . If you have any questions, do not hesi-
tate to call me at 639-4171 .
Air
- 1
PUBLIC NOTICE
CITY OF T I GARD ?
TO: Interested Persons who have attended past N.P.O. #5
Meetings
jJ
FROM: Dick Bolen, Planning Director
}
SUBJECT: Hearing on the N.P .O. #5 plan before the Planning
Commission at Fowler Junior High School , 10865 S.W.
Walnut Street, on Tuesday, April 19, at 7: 30 P.M.
ir
At the Planning Commission hearing on the 19th, you will
have the opportunity to view the completed Neighborhood Plan
and direct any comments to the commissioners . If you have any
questions before the hearing, call Dick Bolen at 639-4171.
ill
ary,
kl
�999I
tr
ti 1.
k�II
`!I