Planning Commission Packet - 05/17/1977 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PLEASE NOTE: The original paper record has been archived and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.
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PLEASE NOTE: The original paper record has been archived and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.
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AGENDA ;:
TIGARD PLANNING COMMISSION
�¢� May 17, 1977 - 7: 30 P.M.
A Fowl.er Junior �iigh School - Lecture Room
10865 S.W. Walnut Street - Tiga.rd, Uregon
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1. CALL TO ORDER:
2. ROLL CAL1�:
3. APPROVAL OF MINUTES :
4. COMNiUN I CAT I ONS :
4 . 1 Presentation of proposed framework plari for area boiznded b,y
S .�'. Walnut/S .W, 135th Stx•eet, S .W. Scholls Fexry Road an.d
S.W. 121st Avenue
�. PI]BLIC HEARINGS :
5 . 1 COMPREHENSIVE PLAN REVISTQN 2-77 NPO V
A request by �he City of Tigard and Neighborhood P1an�ing Orga-
nization 5 to am�nd the Tigard Commlznity P7.an, 1971 for the
area bounded by Interstate 5 on the east , State Highway 217 on
the north, S .W. Hall BouYevard on the west, and the Citq of
Durham an the south . The revisian requested would amend both Y;
� map and text of said community plan with x°espect to the above- ,;
described area. �
5.2 'LONE �HANGE 10-77 (Pollock) NI�Q III �
A request by Donald Pollock for General Plan and Program Re-
view of a 15 unit single family planned aevelopment in a "R- '�
10, Single Family RPSidential" zone between S .W. Path�inder.
Way and S ,W. Walnut Street (Wash. Ca. Tax Map 2S1 2BC, Tax
Lot 1900)
5. 3 ZOI�1E CHANG�,,4-77 (Patterson/Glaubke) NPO VI I
A reque by J.A. Patte � on/Jol�n Glaub for Prel ' ' nary P1an
� ,1, and ogram Review o a proposed 14 zt single amily �lanned
.`�`�) d elopment in a ' -7, Single Fa ' y Residen ' 1" zone at
� 1985 S.W . 1� Avenue (Wash o . Tax Map 1 3AB, Tax Lots :!
A,� 300 an d 301) "
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5 .4 ZONE CHANGE 15-77 (Carlyle) NPO VI
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A�uest by Kermi arlyle to appl i�ty of Tiga "R-7, '
�ingle Family identia.l" zonin o a recentl annexed parcel
��zoned Washi on County "RU-4" n the nort ide of S .W. Dur- ,,
�,� ��,m Rna�i . ._P.St of S .W. 98t venue (Was Co. Tax Map 2S1 :
11CT/.,..� Lots 80U and 96'6} ��
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AGENDA �i
TIGARD PLANNING CO��lISSION
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�', ' May 17, 1977 - 7: 30 P.M.
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5.5 CONDITIONAL USE 12-77 (Hammett) NPO ZI ��I�
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A e e � H Cl fo a conditio use er- ?
qu st T gard e th ub p
nit to cate a he� spa in Tigard za (Wa.sh. Co. `;i
,/' Tax 1S1 35D , ax Lot ) �
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5.6 ZONING OFi,D3NANCE AMENDMENT 14-77 `'
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A reque by the Cit �� Tigard to a d Sec ' n 18.�2.
� 020, .58.020, 17 2 .03U(0) (a� to C' y Council) to �!
ex d the appe period from n to days to 30 days ,:;
r City Cou il rev�.ew of bdivis ons, minor land ?�ar-
titions, d desigi� rev' w. ���
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MINUTES
TIGARD P�.,ANNING LOMMISSION ° ;i
�r'� May i7, 1977 - ?: 3Q P.M.
Fowler Junior High School - Lectu.re Room
10865 S .W. Walnut Street - Ti�ard, Oregon
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1. CALL TO ORDER: Tt�e meeti.ng was caa_lea to orde_r at 7: 30 lay Ch.air-
man Alan Popp
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2 . RULL CA.LL:
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Present : Popp, Moore, Tepedino, Wood, Nic�li, Iieim, Goldbach ';I
Absent : Sakata
Staf:�; Daniels, Rolen
3o APPROVAL OF MINUTES; Since the minutes �f ;May 3, 19?7� were dis- ' .
tributed at the meeting, cqnsideration was
tabled until the next xneeting.
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4. COMMUN I�;AT I ON:
401 Presentatians by: Bolen
A7. I3enk�ndc�r;f, consultant �or Art Lutz &
Kxuger Devel�.opment Com,pany
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Pop� stated that the work ta c�ate was c�rnmendable and �hauld
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be furt�er devel.opeci.
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5. PUBLIC HEARINGS:
5 . 1 CPR 2-7?
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� A, Staff Presentation :
o Bolen summariz:ed p1an, i
o Po�p suggested t�:at a�ti�oz�� an NPO V be handled kay
topic headin�s . ,:
1. Polic,ies 1-4 (CTrban Low Density)
o Summarizeci by Bo];en
Nicoli moved and Heim seconded tn ad��t Polici�s
1-4 .
The motion was approved by unanimous voice vo'te. !�
2 . Policies 5 and 6 (Bu�fers between Tndustxia.l and
Resid�ntial�
o Sum►narized by Bo1en
�; C7 �util T L ' l.� i�..�, l + 4- �..,+ /��,� r,�oni -Fa�t iri na�
I���.i��i3,nci � uvaiSui�wYi u :�.vi ..v w=..Z.......�.,1..�
a,t
urged tha.t Poliay 5 be v�ew�d in context wi,th �
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MINUTES �'
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TIGARD PLANNTNG COMMISSION
May 17, 1977 - 7: 30 P.M. �
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other portions o� the plan. ;'!
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o Heim brought out the possible con�lict between ;.
Policies 5 and 23 but suggested that Policy 5 "
and 6 c�u1d be acted upon separately, ;'
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Heim moved and Tepedina seconded to adopt Policies
5 an d 6 .
The motxon was app.roved by unani.maus voice vote. �`
3. Policies 7 and 8 (Duplex)
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o Summarized by Bolen '
o Na tes�imony �,vas submitted.
o Moore noted similarity with previously adQpted
�l�.ns. ��
Mooxe moved and Goldbach seconded to adq,pt 7 and 8. ;
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� The motion was approved by un�nimau� voice vote . k
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4 . Polic,y 9 (Natural Features)
o Summarized by Bolen
o No testimony was submitted. �
mo ed and Maore seconded to �.da t 9. �
Goldbach v �
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Z'he motion was a�pr�ved by una.nimous vpic�e votP. I
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5. Polici.es 10--14 (Medium Density)
o Stimmaxized b� Bolen
o No testimony was submitted.
TeFedino moved and Goldbach sec�ndPd to adopt 10-
14
The motian was approved by unanimous voice vQte.
6. Policies 15 and 16 (Medium Density Desi�n Criteria)
� o Summarized by Bolen
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MINUTES `"
TIGARD PLANNING COMMISSION �
' May 17, 1977 - ?: 30 P.M. `'
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o Bolen �uggested separate consideration o� the �'
policies and the plan map. �"
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o Johri Smets, Chairman NPO V, explained the �ro- '
posal . ;
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Goldbach moved and Tepedino seconded to adopt 15 `
ancd 16 with the si;aff revisions. _
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7.'hP motion was app;roved by unanimous vaic� v�te . s;
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7. Policies 17-21 (Corr�mercial)
P.
o Summarized by Bolen
o No testimony was submi.tted.
Teped.ino moved ancl Galdbach. seconded t� adqpt l7-- `'
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21. `
The motion was ap�xaved by ui�animous v�icP v�te . i;
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�� �3. Palicies 22-25 (.Industrial Developmerat) ;
o Summarized �ay Bolen
o �3i.11 Bieker submi�t�ed wri.tten testi.n�on,y by Ray
Pixkl . �
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o Walte,r Durha�n objected to lack of .M-�3 zoning 1�
�or hi� property at east en.d of S .iN. Du�ham '.
Road. ;
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Heim moved and Nicoli seconded tQ approve 22-25. ;;
The motion was approved by unanimUUS vaice vot� . `
� . Policy 26 (Arterial Streets)
o Summarized by BQ1en �
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Q H.elen J�hnson, Summerfieid, su�pqrted th� txee- �
lined boulevard concept. �
o Madelyn Ha,�exy objected to adding a �nedian strip.
c, Moore voiced sttpport f�;r a �edian stari� �o� its j
limiting ability of left turns and aesthetic ,
� behefits. i
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MINUTES �
TIGARD PLANNING COMMISSION
�" M:ay I7, 1977 � 7: 30 P.M. �
�e: page 4 �,
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o Nicali objected to limiting the City ' s abilit�r
to require dedication . �
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o Popp voiced su�poxt for the tree-lined boule- �,
vard. �',
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Moore moved and Goldbach seconded to adopt the
sta�� pxoposal fox Pplicy 26. '
The moti�n was a;pproved by unanimous voice vote.
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1Oe Policies 27-30 (Parks and Open Space) ��
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o Summari2ed by Bolen i�
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o No testimony was submitted.
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��lc�bach moved and W�c�d seconded t� ap,prove 2?-3Q. ,!
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Th� mo�;ion was approved by unanimous voice ynte. �'.
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Goldbach mov�d and "Nicoli seconded to table Agenda Items 5 . 3, 5 ,4, 5,5, �
� and 5.6 to May 24, 1977 due t� the a.ntic:a�pated late hou.r o:f �fi.nishing �;
�the hear�ng on NPO V, �
The motion was approved by unanimous vaice v�te .
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]_1. Discu�sion on items af canf:l.ict '�
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a. I3onita 'Triangle
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o ��len explained alterna.tive proposals . '
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o Smets summarized NPO V proposal . �'
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o Heim explained that the exact locati,on of �`
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the spine road had n,at been deyeloped. ' ''
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o Wood �ue�ta.oned i.� the proposed density is r,
reduced, whether it should be increased i;
elsewhere in the nei.ghboxhood . f`
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o Bolen stated that other. �ortions ;o� tawn �:
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were more appxo�riate . �
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Woad moved and Goldbach seconded to ' adopt the �.°
, sta�f proposa� . , t,
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MI NUTE S �'
TIGARD PLANN.ING COMMISSION
May 17, 1977 - 7: 30 P.M. '' !
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The motion was approved by unanimous voice vote. �!
b . Rol._ling Hil.ls/Industrial Axea
o Bolen summarized staff proposal .
o Whittaker inquired whether Coe Manufacturing
would be a non-con�orming use i.f xezoned.
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o Bolen said th.at it would not . :i''!
o Smets stated that the NP V as pro�osed would ` �
provi.de adequat� bufferin�.
Wood maved and Moore seconded to ado.pt the
staff propasal .
The mo�ian was appxoved k�y a majorit� voice
vot�, with Nicol.i dissenting.
c. Durham property at east end of S .W. Durhazn Road
�,� o Bolen expla,ined the rationale fo;r the M-4 E�
designation . ,:
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o Moore stated suppox•t for M�3, due to exist- ,..
in� surrounding use�� , "'
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o HEi.m stated that M•-4 is consist�nt with the t�
policies which have been a.do�ted. t
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Heim moved and Wood sPCOnded to main,ta�in 1V�-4
zoning. '
The motion was appxoved by a majority vote, with `
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Moore and Ni.ct�li dissent:ing.
d. Metzger Pro�erty ;
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o Bolen explained institutional zani.n� �.roposal r..
and th.e problems With encouraging resi,dential �
development nea,r the sewage tr�atment ��.ant. }��
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Wood moved and Go],dbach seconded t4 lea:ve it as i;�'
written . ,;
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The motion was approve'd by unanimour voice vote. ��'
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MINUTES 1
TIGARD PLANNING COMMISSION
� May 17, 1977 - 7: 30 P.M.
- Page 6
Goldbach moved and Moore seconded to recommend City Council
approval o� NP V with the changes as noted.
5 .2 ZC 10-77 (Pollock�
A. Staf� Report :
o By Daniels
B. Applicant 's Presentation:
o Dick Brianard, �roject planner, offered to answer any
questions .
�C. Public Testi.mony:
Opponet�ts :
o Sharon Lumwalt xea.d written testimony which was alsn
distributed tq the P�.anning �ommission members.
Mrs . Robert �mmy, 1121 S .W. Fonner: Wo�uld like to see
� this proper.ty preserved for erosion control and thP
` need to main.tain as open space to achieve environmental
c�bjectives.
Maurice Marzenik, 10?25 Fonner, said he thougllt the
Path:finder dev�lapment precluded development o� the
Pollock pr�perty.
Roger Zu.mwalt , S .W. Pathfi.nder, read �rom the ob,jec-
tives and policies of the Fnvir.onmental U�sign and
Open Space P7.an a.nd said �his project conflic.ts wi.th
this plan .
D. Staff Recommendation :
Approval of t�.e planned develo.pment and prelimina.ry sub-
divis�.on plan with the following condii;ion :
The floor elevations of all structures be no less than 1�
feet abov� the �loodi,ng area as shown on the genexal de-
velopmen� plan.
E. Rebutal :
D. l3ra,inarci respond�d to some points made by th� c�ppc�nents.
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MINUTES �
TIGARD PLANNING COMMI,SSION f
May 17, 1977 - 7: 30 P.M.
�. Page 7 �
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o Dave Brian disagreed with. the sta,f� candit;ion fpr �Z �
feet flo�r levels . �'
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o Doug Smith asked i.f fill would .place the ground high.er "'
than the back of his l.o�t . �
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F. Commission Discussion : �
Wood moved and Goldbach secqnded to approve the pxoposal �
� based on staff recommend�.ti�n with. the vote 5-1 with Te-
pedino dissenting and MQQre abstainin�. i
6. OTHER �iUSII�ESS :
o Popp st�,tPd. that there would be �. m�eting nex�; TuPSday �oar th.e
remaining agenda items .
7. ADJOURNMENT:
12. 10 �'
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NOTICE OF PUALIC HEARING
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TIGARD PLANNrNG COMMTSSION
May 17, 1977 - 7: 30 P.M. ' i
Fowlex� Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon "
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5. PUBLIC HEARTNGS :
5. 1 COMPREHENSTVE PLAN REVISION 2-77 NPO V ;:;
A request by the City of Tigard and Neighborhood Planning
Organization 5 to amend the Tigard Community Plan, 1971
for the area boundEd by Tnterstate 5 on the ea�t , State
Highway 217 on the north, S .W. Ha1:3��L�oulevard on the west,
and the Ci.ty of Durham on the sou.th. The revision re-
c�uested would amend both map and text of said community
plan with respect to the above-descri.bed area.
� 5.2 ZONE CHANGE 10-77 (POLLOCK) NPO III
A request l�y Donald Pollock for Genexa.l Plan and Program
Review of a 15 unit si_ngle fa,mily planned deve�opment in
�. "R-10, Single Family Residential" �one bet�veen S .W.
Pathfinder Way and S.W. Walnut Street (Wash . Co . Tax Map
� 2S1 2BC, Tax Lot 1900)
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5. 3 70NE CHANGE 14-77 (Pai;terson/Glaubke) NPO VII
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A request by J. .A. Patterson/John Gl.aubke �or Pre:lim�.nary 4r
Plan and Program Review of a propasecl 14 unit single
family planned development in a "R-7, Single Fami.ly Resi-
dential" zone at 119�5 S .W. 1]�3th Avenue (:Wash. Co , Tax
Map 2S1 3AB, Tax Lots 300 and 301) ''
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5 .4 ZONE CHANGE 15-�77 (CA�,LYLE) NPt� VI
A request Y�y Kermit Carlyle to apply City of Tigard "R-7, i'
Single Family Residen.tial" zoning to a recently annexed
, parcel zoned WasYiin�ton County "RU-4'P on the north side of ' '
S .W. Durham Roa�., west of S �W. 98th Avenue (Wash. Co . Tax �`!
Map 2S1 11CD, Tax Lots 800 and 900) '
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5. 5 CONDITIONAL USE 12-?7 (HAMMETT) NRO II '
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A request by Tiga.rd Health. Club for a conditional use per- �:`
mit to l�c�.te a health spa in the Tigard P1aza (Wash. Co . s;
Tax Map 1S1 35DD, Tax Lot 3301) �`
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NOTICE OF PUBLIC HEARTNG
`:. TIGARD PLANNING COMMISSION
� May 17, 1977 - 7: 30 P.M.
Page 2
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5.6 ZONING ORDINANCE AMENDMENT 14-77
A request by the City of Tigar.d. to amend Section 1.8.92 .Q20,
18e58.020, 17.1?, .(330(0) (appeal to City Council) ta �x-
tPnd the appeal period from ten t� 15 day� to 3O days for
City Council review of subdivisions , minor land partitic�ns,
and design review.
All persons havar�g an interest in the hearing matter are i:nvited
to appear and submit oral and written testimony c�r suk�mit written
testimony in advance of the meetia�g.
(Publish in TT 5-5-77 and 5-12-77)
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MEMORANDUM �
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TO: Planning Commission �
FROM: Plannin� Department �
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SUBJECT: Agenda 6 . 1 - Conflict c�f interest by an ele�ted member of �
NPO #7 ;
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DATE : May 17, 1977 f
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J. Allan Pat�rson has been elected as a resident representative on ia
NPO �? but also owns property there. At its May 3 hearing, the Plan- �,
ning Commission asked that the Cornmitte:e for Citizen Involvement in- :
vesti,gate charges that this cons�:itutes a conflict of interest . `
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The CCI determined that this situation is a confl.ict of interest . !;
With Mr. Paterson 's �,p�roval the CCI unanimously recommended that his ;'
membership on NPO #7 be switched frozn resident representative to busi- "�
neas re�resentative (which w�izld fill a va:can.t positi.on) . "
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MEMORANDUM,
TQ: P3�I�tIJThtG COMMISSIOIV
FROM: PLANN�NG 13I:R.ECTOR
SUBJECT: Developmsnt cancepts f�r the LUTZ PROPER7'Y' at
130th and Schot�s F'err� Raad
DATE: May 17, 1977
The City has recently annexed a si�eab3� area o�' land wes�: of
S.'W. 121st and �outh af Scholls Ferry Road. The owr�ess or optionee
of sev�xal of tYaese gx�op�rties are going to 'be presenting cievelop-
men� gr�poaals to tYie P.C. in the near �'uture. The stal'f has.,
h��w�v�r, reque:sted that be�'nre any specific proposal� are made,
that �n overal.l framework plan �e deve3.oped, The purpose of t�is
p�.an is to provide � �asis for reviewing e�ch s�ae�3fic proposal.
�or �xa�npl�;
l. to a�sure that �. c�ntinuous ancl integrat�d street
sys�em will result when a�.l of �tYie �ubuect proper-
tie� are d�velop�d
2, �o a�sure the p�°eser°vra.tion anc� mainten�nce of �e
sign�fi.Gan� e�vir�nm�n�al amenities
� 3. ta assure compat�.ba.�.i� af the sep�.ra�� dev�lc�p-�
ments, especi�,lly in terms af the �.oca��onss of
higher dems3�r �level,opment
A �rar���vork plan has been d�v�Ioped by means o�' a. �nix�� p]�aririin�;
procesS involva.ng the Fl�aa�� ���f� arad a con�ultant hi�°ed b�r the
Ar°t Lut� Comp�ny anc�. an �c���a�nt pro����y owne�o This plan w�l�.
be pr��enteri to th� C�mmission 'ruesda.�r: .n�.gYit fo� �onsid�ra�ion,
I� tYii� plan is found acc�ptab�.e, it wiZl them be poss�.ble f'ox° tY��
d�v�loper to procee�d with more detaile� work,
For purposes of reviewing the plan which wil.l be p��sen,ted, the
�ollowix�g cri��ria are provided:
I, Resiclentia� Densities
1. Gro�s overall px�o�ect dernsity shoulcl not exceed the
faur dwel3.ing unit� per acre maximwn p�rmit�ed by �t�he
Comprehensive Plan,
'L. Critex°�.a to be used i� the mar�h is pre�erv►ed.
i
A. maintain the lowest density oF develo�m�nt '�
immedistely ad�acen� the marsh j
j
o at�d ad a+�ent
o� dbelc
c 1
B, higher densities �
��� the ea�tern pond which can su�tain mor� in-
tense usage; and ad�ac�nt Sck�olls F�rry R+o�.d,
the ma�or tragfic ar°tery.
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�. Criterim t� be u�ed i� t.�� marsh is conver�:ad to an �.n- �
.I tensiue use water rec�eation area. ��
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A, locate some h3.gher den�i�ty no�e�s arour��3 p�r��l�! �;
reareatiax� area�; arb� ad jacent Scha�.�.s� Ferry Rd. `I
B. mai.ntai.n lower densities upstream of ponds ta �
min3.mize �urface witer conta�nination.
,:
;
II. C3rcu�.at�.on System J
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1. Block the through mov�ment of tra�f3.c from tne Ha11: �].vd. �
�tensi�n in Beave�ton. �
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2. Develop � sy��tem o3.` �ollector stre�t� corinecting to Scholls �
Fex°ry, 1�5th, 121s'�, �nd Walnut. i
3. Because �h�� axea i�s baunded on e3.t31er side north-soutxi
thoroughf ares, develqp a stron� east-west in�errial col,-
l��tor sy�tem.
4. Frovide a separa-ted ped��tx�.an/b�.ke fac�lity w�ii�h �x�o�-
vicle� access to sschao�. arid reci�eativn f��i'�iti�s.
�T�. Nat�ral F�e°rure�
, 1. �tte�pt tca px�eserve �l'�� pond-mar�h �� � unique rnatural
�. �e�.ture 3r� �he ��.�ard area.
2. p�aui.de m�asures to protect the �oa�d-marsh are� .t'rom
adver�e impaets resulting from development (ego excess �
stc�rm wa�er� rixnn-off, pollutarats from pav�d surFaces, etc a )
3 e cc�r�fo�°rn �� th� goli�ies tn the Envir�onment,�l Z3eaign and
Opern �p�c� Plan�.
�.
� �� i
STAFF REPORT
AGENDA 5 .2 ;f
�'' TiGARD PLANNING COMMISSION
May 17, 197? - 7: 30 P.M. ;'�I�
Fowler Junior High School - Lecture Room `
1Og65 S .W. Walnut Street - Tigard, Oregon
f'%:
DOCKET: ZC 10-77 �`�I
REQUEST: General plan and program review of a proposed 15 unit sin-
gle family residential planned developmen�t in a 'PR-10, ��
Single Family ftesidential" zone
.�
LOCATION: Between S.W. Pathfinc�er Way and S .W. Walnut Street (Wash.
Co. Tax Map 2S1 2BC, Tax I�ot 1900)
ar�
APPLICANT: Donald E, Pollock/Richard Brainard
,.
I . FINDINGS OF FACZ .
l. The applicant is requesting general plan and prograzn review
� of a proposed 15 unit residential. pl�.nned development an a
� ` 6 . 32 acre par.cel in accordance with Section 18, 5� .030 of the
Tigard Municipal Code,
` � 2. Section 18.56 .U1 states :
"The purpose of the planned development district is to pra- � `s
pi;
vide opportunities ta cr�ate more desirable environments :Eor (?;
the application of flexi.b].e a.nd diversified land development `
standards und�r comprehensive plan and program professian- f'
i i intended '�'
all re ared. The lanned develo m�ent distr ct s
Y
P p P
P
to be used to encour�age application of new techniques and
_ - i ; e elo mer�t which will r�sult
new technology �to commun ty d v p ,
in su erior livin �r develo ment arran ements with lasting
g
P g P �
valtxes . It is further intended to achieve econoinies in land
devElopment, maintenance, street systems, and utility net- '
,
works while providing building groupings �or privaGy, usable ;:�
and attractive open spaces, safe circulation, and the gen-
eral well-being of the inhabitants . "
��
3. Section 18. 56 .030 of the Tigard Municipal Code provides for ';�
the applicant to petition for general plan and prograrn re- '
view and authorizes the Planning Cornmission ta hold a public ,;
hearing on i;he proposal . `
i:�
„;
4. Section 18.56.040 of �he Tigard Mur�icipal Code states : �
"Planning Commission, after public hearing, as provided in �
Chapter 18.88, may by resolution recommend approval of the '
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STAFF REPORT '
�`���� AGENDA 5.2 ��
�` TIGARD pLANNING COMMISSInN �
May 17, 1977 - 7 : 30 P.M. �
P'agF 2 .
�
x
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planned develo�ment district in the general development of z
program with or without modification� or may deny the appli- �!
cation . A decision to recommend appxoval of the planned de- j,
velopment distr:ic� shall be based o� the following finding�:
l. That the proposed development is in substantial conform-
,�� r�, ance wit;h the comprPhen�ive plan for the city
�k
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`' 2. 7.'hat the e�cPptions from the standards o� the underlying
district are warranted by the design and amenities in- �
corporated in the d�velapment plan o.f. program
3 . That the proposal is in harmany with �he surrounding
area or its potentia� future use
��
4 . Tnat the system of ownership and the means of develop-
ing, preserving, and maintaining open space sui�ai�I� ''
,
5 . That the approval will have a ben�ficial effect on ths
area which could not be achieve� under other zoning dis- !
� � �ricts �
6 . That the pxo�osPd development or unit thezeof can be �
substantial:ly completed withir� one ye�.r of approval. . �
5. The site is witk�in. the boundari.es af Ne:ighborhood Plan I IY , �`;
which designates the property Suburbaz� Density Residential . `j
Applicable poli.cies �rom NP III include th� fol.lowing : ��
Policy 4 . "Protect the existing suburban charact�r of this I
portion of the neighborhood from encroachment by ��
higYie�c density developments; t:he maximum overall
density of development wi.11 be three dwell.i.ng
units or nine persons pe,r gross acre. A higher 4
density of four or twelve persons per gross acre ��
is a possibility withi� an a�proved planned unit '
developm�nt. " �
�i
Policy 5 . "Residential subdivisions wi11 be developed with i;
� paved streets, curbs, and gut�ters, street lights t:
and wall�ways, according to City or County stand- i
�
ards. All utilities wi11 be placed underground." �
Policy 6. "Develapment will coincide with the �rovision o:f �
� p�ublic streets, water, and sewerage facilities. �
��
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STL�FF REPOR� '
� � AGENDA 5.2
TIGARD PLANNING COMMISSION
May ].7, 1977 - 7: 30 P.M.
Page 3
These facilities shall be :
a. Capab:Le af a,dequatel.y serving development and
b. Designed to meet City or County standards . "
Pal:icy 25 "When land i� developed and includes a designatecl �
bicycle path route, easemeni; should be �ranted to 1
the City. In �ases where development increases `
the rreed for the path, construction should also �
be required. " �
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Policy 26 Any �treet improv�rnent project a_n the neighbor- `
haod should includa faciliti�s for the pedestrian ?
and �the bicyclis�t .
i
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Policy 27 "Any development along stream chann�ls for r�c-
reational. purposes should not disturb existing
tr�es . Places where trees are absent some should r
be planted. The greenways are not suited for in- '
� tensive recreational developments and should be '
�� restricted to an alI-weather path and �assive �'
areas for resting anc� picnicing and related ac- �
tivities . "
�
6. The pxoperties .zoned "R-10, Sing:ie Family Residential" r'
i�
7. Prior. actions of the Planning Commission regarding this par-
cel are as follows :
�',
a. December, 197q - 35 unit plan development wi�h a 24 foot
wide one-way througYi street from S .W. Walnut to S .W. ��
Fonner Street approved. 'Phis apprc�val expi�ed due to `i
lack of substantial const;ruction within one year.
;
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b. March, 1973 - 26 unit planned deve]:opment approved. ��
This proposal involved multi-family units, which was ap- �
pealled to City Couz�cil, which reversed Planning Commis- i.';
sion decision denied.
c. In December, 1976 Planning Commission denied reliminar ':�
P Y �..
p.lan and progxam for 24 unit planned development based �;;�
on lack of confarmity to NP III , with particular con-
cerns about densii:y dxainage, �lood p�.ai,n, a:nd traf�ic
problems. �°:
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STAFF REPORT
�� AGENDA 5.2
TIGARD PLANNTNG COMMISSION
Ma,y 17, 1977 - 7: 30 P.M.
Page 4
d. In February, ]_977 Planning Commission den.ied preliminary
plan and program for 18 unit planned development based
on inadequate flood plain information and site drainage
problems .
e . On April 19, 1977 Planning Commission approved prelimi-
nary plan and p.r.ogram of a 15 lot single family residen-
tial resider�ce subject to the fol.lowing conditions :
(1) An easement be provided in the area of Lots 14 and
15 �or drainage and continuance of the bicycle path
f.rom the Watkins Place Subdivision to an overall
1and.scape and building siting plan be included ir�
the general plan and �rrogram,
(2) Design for the signing and marking of the bike path
in the stz�eet right-of-way be included in the gen-
eral plan and progr�.m.
(3) A French drain type of storm watsr clrainage system
�, should be provided along the southeast plat bound-
ary to intercept run-off from the upsl�pe develop-
ment . �!
�.
(4.) A c�rainage plan be submitted. �,
a
(5) The greenway be developed priar to dedication .
8 . The subject praperty is not within the City of Tigard f7.00d
plain distric�t, is regulated by Ordinance 74-50A.
Ii . STAFF OBSERVATIONS :
The site is a westerly sloping, laeavily vegetated parcel bisec-
ted by a creek, which flows in a northerly direction . Surround-
ing the parcel are two large lot subdivisions on septic tanks ;
and the Pathfinder Subdivision with 7,500 to 8, 000 square faot
sewered lots.
A 15 inch sewer mai� is adjacent the creek �through th� site,
with an eight irich water line in S .W . Walnut StrBet and a six
inch water line in S .W. l�athfinder Way. Both systems are ade-
quate to service th� property .
Concern has �ieen voiced in the past that stability of soil is
� such that it rendexs partions o� the property unbuildable . The ;�
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STAFF REPORT
��' AGE�TDA 5,2 �
�'� TI GARD PLANNING COMiVII SS I ON
May 17, .1.977-7: 30 P,M.
Page 5
i
applicant has responded by providing cut and fi11 pro:files,
which locates the structures on the higher gxouncl with the foun-
dations of a11 buildings below or on existing grades and not on '
:£ill as was the Fathfinder Subdivision . This area is shown on
the TJ.S . Soil Conse�^vation soil reports as having moderate to
severe development constraini;s, due to wetness, low strength,
and high shrink--swell potential . The Uniform Building Code re-
quires soil compression test for problem areas such as this and
��vill be required prior to issuance of �.ny building permits.
Of equal concern during recent review oF this property has beeri
the issue of flooc3 plains. As noted in Finding of Fact 6, the
site was not found to be within the 100 year flood plain, as de-
termined by th,e U.S . Army Corps of Engineers . The determination
has been made that the high water table on this propert�� is
probably a result of poor drainage caused when the fill iri S .W.
Wa_lnut Street was vertically realigned. The result af this has
been to create a flood water retention basin , which, during pe-
riods of heavy rainfall , Funci:ions so as to lessen the impact of
the run-of� 's initia,l crest . The applican�; has designed the de-
� v�lopment so as to main�,ain this c�mmunitq asset by adc�ing a 36
i.nch culvert in addition to the exis�;ing 48 inch culvert onto
S .W. Walnut Street . This will aerve as an overflow pipe and as-
sure that water will n�t be hacked up to the finish floor eleva-
tion of the proposed dwellings or the properties upstream. Thc
ap��licani: also anticipa,tes filling a portion o� the existing re-
tenti.on basin, although artifica.11y created.
The drainage basin is proposed to be dedicated to the public for
inclusion as part of the City 's greenway system for apen space I
preservation. i�Vith grading and filli�.g, as proposed, little of ,
the existing vegeta�tion of the building areas is expect�d to re-
main . This vegetation is generally o� low quality brush . By
dedicating the lower axea for open s�ace; ttiat vegetation will
be retained in its natural state . An extensive plan�:in� �rogram
appears to be necessary. I
Although much o� the upstream and surrounding developments oc-
curr.ed in the count,y withoizt s�,nitary sewers, th�re has been II,
concPrn expressed that an unhealthy situation exists on. the 'I
site . Prior to the last Planning Commi_ssion review of thE site,
the Washington County Health Department has inspected the site
ari� found the cause of the odor to be the result of decaying ve-
getation, not sewage. The ap�lica.nt has proposed providin.g
sewer easements to adjacent properties on the east, which are
� currently on septic tanks, should a� sPwage problem develop .
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ST�,FF REPORT ';
� AGENnA 5 .2 �i
TIGARP PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M. !.I
Page 6
;;
The lotting pattern as proposed envisions 15 l�ts from �, 075 '�
square feet to 1.2, 000 square feet, with an average lot size of
9,277 square feet . This is within the three units per gross !
�
acre limitation a.f the NP III .
In the area of Lot 14 a very small creek enters the site . When
the property to the south was given tentative subdivision ap-
proval, Apri1 5, 1977, part of that proposal was to mairztain the
open drainage, n�t culverted and extend a bicycle/pedestrian
path to this property for connection to the City greenway sys-
tem. The path is projected to follow the stream and will end
at the southPastern edge af Lot 14. Concept of mainta.ining the `
open drainage and connection to the greenway system should be
continued through this site . The applicant proposes to utilize
a portzon of the street as a substitute �or construct:ing a path-
way in the drainage basin . This appears to be acceptable if the
property is signed as a public pathway.
NPO ITI reviewed th� propasa:l in February and r.ecommended ap-
proval of the 18 unit planned development , provided that sewer ;
� easements are available for the parcels to the east and that the �;,
greenway area be maintained as permanent open spa�e. �'
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CONFORMITY Tv PRELIMINARY PLAN AND PR(?GRAM
1. "An easement be provided^in �the area of Lots 14 and 15 for �
drainage and continuance o� the bic,ycle path from Watkins �.I
Place Subdivision . " i
The proposed development plan ir�corporates the ten foot ;i
pedes�.rian easemeni: between Lo�ts 14 and 15 and shaws a re- �
� location o:f the drainage swale to occur between Lots 13 and ;.'I
1.4 and then flow west to join th.e main stream and �aass under
the Patk�finder Way extension through the culvert . No men-
tion is mac�e of the continuance of t ���
he ike ath r m
b p f o t h e „
Watkins Place Subdivision. il
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2. "An overal.l ,Landscape and building siti.ng pla,n be included
in the genera� plan and program. "
;
Sheet 3 0� the gen�ral plan includes a landscape ,and drain- �`
age �lan which shows the vegetation to be removed and that j
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� which wi11 remain. ��
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3. "Design for the signing and marking the bike path street ��
� right-of-way be included in the genexal plan and program." `�
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STAFF REPORT
r AGEN�DA 5.2
� TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 7
The applicant has proposed to use signing as specified by
the Oregon State Highway Division for punlic bike �aths.
This is acceptable .
4. "A French drain type of starrn water drainage system should
be provided along the southeast plat boundary to intercept
run.-off from the upslope development . "
Sheet 3 of the general plan states that surface or subsur-
face drainage from the east will be inter�eptPd and routed
as required to avoid interference with the proposed building
sites and si;re�t improvements. This is acceptable as sta-
ted with the a,ddition of the words "as determined by the di-
rector of publie works".
5. "A drainage .plan be submitted. "
The drainage �1an is shown on Fage 3 of the general plan.
6. "The greenway be develnped priar to dedication. The appli--
� cant ` s wrii;ten submission notes that the greenway area will
be dedicated to the City and pr.PServed in i�s natur�.l state
and tha.t the improvements will be pri.marily of channelizing
1:he creek and clearan�;e of iznd�sirable brush.
CODE DEVIATIONS
The applicant is requesting in the g�neral px•ograrn that wi�th
Lots 1 through 6 �that there la� a ten foot building setback, in-
stead of the 20 foot, as reqixired by th� underlying R-10 zone .
This is for the livirig portion of the building but wil.l still
provide f�r a 20 foot setback for the garage areas, which will
n.rovide ample room for cars tc� park in the driveway and n�t on
the street . Tt will also allow building siting closer to the
street and., subsequently, inore so removed from the area expe:ci-
encing drainage problems .
!
An additianal code deviation requested is the width and l�ca- i
tion of the curb to curb str�et area. The applicant is gropos- ;
ing a 28 foot roadway with a fiv� foc�t siclewalk on the west
side onl,y and the street offset to thP west xight-of-way line . ;
This is in lieu o� providing a 34 foot roadway with two '�ive-
�or�t sidewalks, as required by the Subdivision Orciinanee . This
appsars to be warranted and will minimize the po�tential for
e�osion aaused by cutting in order �o put the street in � The
� reduced pavement wicith also appears t� be wdrrant�d so as to
1
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STAFF REPQRT
(� AGENDA 5.2
"` TIGARD PLANNING COMMISSION
Ma�r �7, 1977 - 7: 30 P.M.
Page 8
allow again the shifting of buildings as far to the east as pos-
sible, placing them on the higher and more buildable poptions of
the pruperty.
DEDICATION
The applicant has proposed deciication of the greenway area via ;
warranty deed to the Cii;y .for no charge . This is acceptable and
will assure that the area will remain open and access available i
to tlze public. �
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The applicant has also submitted deed covenants which; �
,
1. l�equires th�,t trailers, campers, boats, etc. be store�. in a l
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garage '
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2. Limits :fence heights to six feet ,
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3. Prohibi.ts animals, other than normal household pets, to be ;
ke�i� in the area '
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4, Prohibits television antennas to be visible outside t,he home
5a Requires the applicant ' s ap�roval af exterior eolors and
building �lans and sit�ng
6. Prohibits use of single family dwellings in such a mann.er as
to become a nuisance, and �,
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i� 7. I�rahibits trailers, tents or other outbuilda.ngs to be used �'
as a residence, either temporaril� or permanently . :�.
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I�I . C(?NCLUSIONARY FINDINGS: �'
1. Tt�e proposeci development is in substantial conformanee with �.
the comprehen�ive plan for the City in that : �
a. Propose� density is within the three dwelling units per` �
acre, as specified in the NP ITI �
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b. Development is proposed to have strPets,; curbed gutters, '
street lights, walkways in accordamce wi�h Gity and r
County standards and utilities-will be required ta �,e �:
plac,ed underground: +
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STAFF RFI�ORT
°x AGENDA 5.2
�� TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 9
2 . As noted in the staff observations , adequate water and
sew�r facilities are available, as well as public streets . I
3. A bike path is shown through the development and easements
are shown on the g�neral plan and subdivision preliminar�y
plate Constructian is also contemplated.
4. The proposal envisions minimizing the disturbance to exist-
ing vegetation in the greenway area.
5. The deviations to the setback variance and street design
standards are warranted in order to locate future structures
as far as possible from the portions of thP sit� with dra:in--
age problems, to minimizc the amount of pavernent involved in
the street and to provide pioper slope along the ea.�tern
portion of the site where the street will be located.
6 . The proposal i.s in harmony witii the surroizndi�ng area in that
it is at a lower density than that which exists on surrnund-
� ing properties .
7. Th�.t by dedication of the greenr�ay area to t;he City the open
space will be preserved and main�;ain�d.
8 . Development of the property as a standard R-1(7 subdivision
would req�ire extensive filling and gxade modification,
whicl� will not be necESSary under the plan development and
' is more beneficial than that which could be achieved as c�e-
veloped in another manner.
9. The applicant has stated that the prnposed development will
commenae upon approva7. by the City anci has stated tlzeir as-
sur�.nce that the project can be subst�,ntially completed
witl�in one year.
1V. STAFF RECOMMENDATTON:
Based on the findings af fact and the conclusionary finc�ings,
staff recommends appr.oval o� the planned development and pre--
liminary subdivision plan with the following conditi�n :
The floor elevations o.f al.l structures be no less than 12 feet
above the flooding area as shown on the general development
plan.
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