Planning Commission Packet - 09/20/1977 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PLEASE NOTE: The original paper record has been archived and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.
1'.
AGENDA
TIGARD PLANNING COMMISSION
September 20, 197'r , 7 30 p m
Fowler Junior High School • Lecture Room ,'
10865 S W Walnut Stiect. Tigard, Oregon
1 Call to Order:
2. Roll Call; is
3. Approval of Minutes:
4. Communicationst
is
5,. Public Hearings'
A. Staff Report
B. Applicant s Presentation
C. Public Testimony:
a. Proponent.s
b. Opponent's
c. Cross-examination
D, Staff Recommendation:
a, Staff
b. Cross-examination.
E. Commission Discussion and Action
5,1 Zone Change ZC 27-77 (Stoneridge) NPO 3
A request by Stoneridge Development Company for general plan and program re-
view of a two phase project; Phase I to consist of multi-family units and
duplex units on a 8,8 acre parcel, Phase II to consist of commercial and
commercial-professional uses on a 334 acre parcel. (Wash Co Tax Map 2S1
10A, Lots 700 and 800)
5.2 Zone Change ZC 30•-77 (Waymire) NPO 5
A request by Kenneth Waymire, Waverly Construction, for a preliminary plan
and program review of a residential planned development in a R-7 zone on a
9.85 acre parcel at 8065 S W Bonita Road (Wash Co. Tax Map 2S1 12B, Lot
500)
5. 3 Zoning Ordinance Amendtent (Duplex lots)
An ordinance amending the zoning title of the Tigard Municipal Code, Chapter
18 20, Single Family Residential zone, Section 18. 20 020, Conditional Uses,
with respect to minimum lot requirements for a duplex in a single family re-
sidential zone
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AGENDA
TIGARD PLANNING COMMISSION •
September 20, 1977
•
Page 2 .
5.4 Zone Change ZC 31. 77 (McCoy) NPO 6 {,
A request by Irene and James McCoy for a zone map amendment to change the zoo:•'•
ing designation from Washington County Zoning RU-4 to City of Tigard Zoning 4.
"R-7, Single Family Residential" for a 1,9 acre parcel at 15805 S .W. 98th
Avenue (Wash. Co Tax Map 2S1 11CD, Tax Lot 700)
5.5 Conditional Use CU 23-77 (McCoy) NPO 6
A request by Irene and James McCoy for a conditional use permit for five du -
plex lots in a "R-7, Single Family Residential" zone at 15805 S.W. 98th Ave-
nue (Wash Co Tax Map 2S1 11CD, Lot 700)
f"I
5. 6 Conditional Use CU 26-77 (Atrium Homes) NPO 6
A request by Atrium Homes for a conditional use permit for an office building
in a "C 4, Neighborhood Commercial" zone at S.W. 105th and McDonald (Wash, Co.
Tax Map 251 10A, Lot 204)
6 Other Business:
6.1 Clarification of a condition placed on conditional use permit approval for
a second screen at the Family Drive-In theatre.
6.2 A request by Ronald More to present testimony for a similar use interpreta-
tion q Y P Y P
tion (that a racquet ball court would be similar in use as some uses permit- ti
ted as conditional uses in a M-3 zone).
7. Adjournment:
I
AGENDA
TIGARD PLANNING GOMMISSION
September 20, 1977
Page 2
5,4 Zone Change ZC 31,77 (McCoy) NPO 6
A request by Irene and James McCoy for a zone map amendment tp change the 401.1
ing designation from Washington County oning RU-4 to City of Tigard Zoning
"R-7, Single Family Residential" for a 1.,9 acre parcel at 15805 S .W- 98th
Avenue (Wash. Co Tax Map Si 2 11CD, T4N LOt 700)
5.5 Conditional- Use CU 2377 ( 4cCoy) NPO 6
A request by Irene and James MCcoY for 4 conditional, use permit for five du-
plex lots in a "R-7, Sing1e Family Residential" zone at 15805 $ W. 9$th Ave-
nue (Wash Co Tax Map 2S1 11CD, LOt 700)
5 6 Conditional Use CU 26- 77 (Atrium Homes) NPO 6
A request by Atrium Homes for a conditional use permit for an office building
in a "C 4, Neighborhood Comillercial" zone at S,W. 105th and McDonald (Wash, Co.
Tax Map 2S1 10A, Lot 204)
6 Other Business:
7 . Adjournment
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MINUTES
TIGARD PLANNING COMMISSION
September 20, 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, Sakata, Goldbach, Corliss, Tepedino, Wood
Excused Absence: Moore
Absent: Brian
Staff: Laws, Claussenius
3. Approval of Minutes:
The Minutes of September 6, 1977 were approved as read.
4 . Communications:
None
5. Public Hearings:
5. 1 Zone Change ZC 27-77 (Stoneridge)
Withdrawn.
5.2 Zone Change ZC 30-77 (Waymire)
A request by Kenneth Waymire, Waverly Construction, for
a preliminary plan and program review of a residential
planned development in a R-7 zone on a 9.85 acre parcel
at 8065 S.W. Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax
Lot 500)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
Eldon Edwards, Planning Consultant, representing
Waverly Construction Co. (Ken Waymire) , referred
z=:
to the booklet they had submitted to the Planning
Commission answering staff's points. They have
two main concerns in going planned development:
to avoid recontouring the land, 2 . to avoid L
removing trees, and also, open space preservation.
Edwards stated that the following land-use percentages
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451
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4a
MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
Page 2
would be developed: 18% streets, 50% lots, and
32% common areas. The road will come off a high ;
point on Bonita for good visability and safety.
Regarding trees, lots will be sized to work with
existing trees. Sewer, schools, fire protection,
and bus are nearby and available. In April, 1978
they will start residential construction. Regard-
ing comprehensive plan conformance, the applicant
stated: the density is slightly below that called
for on the NPO Plan, and the spine road is the
same as that shown on the plan. Regarding the
need for the development: CRAG has shown that
"X" number of units need to be built. Certain
other cities have a moratorium on building right
now.
C. Public Testimony:
None
D. Staff Recommendation:
a. Staff:
Staff recommends approval of the preliminary plan
and program with the condition that the following
information be provided and alterations be made to the
applicant's general plan and program when submitted
for final consideration:
1. That a parking and circulation plan incorporating
a landscape island within the cul-de-sac in the
northern portion of the development be submitted.
2. That documents establishing how the common a:,'eas
will be maintained be submitted.
3. That a street tree plan be sumitted.
4. That cross-sectional drawings of the north-south `. ;
street and east-west street between Lots 42 and 43
be submitted and justification for deviation from
City street standards be given.
5. That the site plan be revised to provide for a
cul-de-sac at the south end of the north-south street ; �
and a temporary access point from the cul-de-sac to I
S.W. Bonita Road be shown.
, 6 . That documents be submitted which describe how t ,
the placement of accessory buildings, fence height,
and removal of trees will be controlled on those
lots fronting on Bonita Road.
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MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
Page 3
7. That an easement be shown for all that area
in the northern portion of the site which falls
within the Fanno Creek flood plain and the loca-
tion of a pedestrian/bicycle pathway be shown on
the site plan.
8. Staff will explore with the applicant an appro-
priate street standard for the spine road section.
b. Cross-examination:
Bill McMonagle, of Harris-McMonagle Engineering,
representing Ken Waymire, disputed the location of
the spine road. He questioned if two access points
(Hall and Bonita) would be sufficient to handle
the volume of traffic anticipated at full develop-
ment within this area.
E. Commission Discussion and Action:
o Tepedino wondered why staff did not address the
issue of flood plain.
o Laws answered that the plan as proposed did not
encroach into the flood plain.
o Tepedino suggested that Item 9 of staff recom-
mendations be that development shall not interfere
with the 100-year flood plain and also that the
100-year flood plain always be addressed, as
opposed to 5-, 10-, or 25-year flood plains.
o Wood asked about the bluff on the site.
o McMonagle answered, explaining where finished
grade of road would be and where access cut will
be located.
o Wood asked about access road from Bonita. ,
o McMonagle answered where it would come off Bonita.
o Wood asked if drainage would be culverted.
o McMonagle answered yes.
o Wood asked about zero lot lines: are they at
side only and not front and back?
o McMonagle answered yes.
MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
k Page 4
o Wood asked if there would be a lot of cut or fill.
o McMonagle answered that the houses will have to fit
the site.
o Wood asked if there would be substantial fill.
o McMonagle answered no, because that would kill trees.
o Wood asked why the greenway was not being dedicated
at this time.
o McMonagle answered that it had not come up, he 's
sure they will be glad to give it to the City.
o Wood asked staff about duplexes along Bonita: Will
duplexes always be recommended along Bonita
on general principle? Also on spine road?
o Laws answered that it depends on each new development;
not necessarily, no policy has been established.
o Wood asked if we are running the risk of setting a
precedent of running out single-family residences on
Bonita?
o Laws answered that development is stated to be six
units per acre; it may be a combination of single-
family and duplex.
o Wood asked about access from Bonita.
o Laws stated the intent in closing the access from
Bonita is to avoid excessive curb cuts along Bonita
Road as development occurs and to discourage the
spine road from being used as a thoroughfare for
traffic generated in other parts of the neighborhood.
o Sakata inquired regarding recommendation #5, cul-de-
sac: is it longer than City allows?
o Laws answered no, because of access road half way out;from
the cul-de-sac.
o Sakata asked if there was a tentative greenway plan
for NPO 5.
o Laws said it is included as part of the Environmental 1
Design and Open Space Plan.
o Popp stated he liked the project but wondered about
closing off road because of large amount of traffic
MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
Page 5
on spine road. The cul-de-sac may be too long.
On point 2 of staff recommendations--common areas:
How will they be maintained?
o Tepedino thinks it is a sensitive plan, i.e. , use
of site, saving trees, bike path, dedication of
greenway. However, cul-de-sac length may be used
by other motorists looking for a shoutcut to Bonita.
o Popp thinks lot 45 should be duplex rather than
four-plex; and lot 44 should be single family as
staff recommends. Be believes each could be duplex
lots. He said that there is an existing house on
lot 46 and duplex will serve as a buffer. A four-
plex on the corner would cause too much traffic.
Wood moved and Go.tdbach seconded for approval based on
staff findings and recommendations and with lots 1 and
45 to be duplex and lot 44 to be single family.
o Sakata asked if there would be duplex lots on cul-
r de-sac.
o Popp said there was no way to legally close off
road and create a cul-de-sac until a spine road is built.
The motion was approved 5 - 1, with Sakata dissenting.
5. 3 Zoning Ordinance Amendment (duplex lots)
An ordinance amending the zoning title of the Tigard
Municipal Code, Chapter 18.20, Single Family Residential
Zone, Section 18 .20.020, Conditional Uses, with respect
to minimum lot requirements for a duplex in a single
family residential zone.
A. Staff Report:
Laws made comments, explained revisions.
B. Public Testimony:
None
C. Commission Discussion:
None
MINUTES
TIGARD PLANNING COMMISSION
It September. 20, 1977
Page 6
D. Staff Recommendation:
Staff recommends approval.
The motion was approved by unanimous voice vote.
5.4 Zone Change ZC 31-77 (McCoy)
A request by Irene and James McCoy for a zone map
amendment to change the zoning designation from Wash-
ington County Zoning RU-4 to City of Tigard Zoning
"R-7, Single Family Residential" for a 1.9 acre parcel
at 15805 S.W. 98th Avenue (Wash. Co. Tax Map 2S1 11CD,
Tax Lot 700)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
James McCoy asked for approval so that they could
act within City Zoning.
C. Public Testimony:
None
D. Staff Recommendation:
a. Staff:
Staff recommends approval with the following condition: ,;
That the necessary right-of-way be provided to. accom- $'
modate the extension of a street from the Kerwood
Estates subdivision onto S .W. 98th Avenue. This would
require a minimum right-of-way of 50 feet alon g t.the ' !
west property line tapering to 40 feet out to S.W.
98th Avenue. And, that five feet dedication on right-
of-way be provided along the S.W. 98th Avenue frontage.
b. Cross-examination:
None
E . Commission Discussion and Action:
Sakata moved and Tepedino seconded for approval with
staff recommendations. .),
�.r
The motion was passed by unanimous voice vote. IT
kt
ry,
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MINUTES
TIGARD PLANNING COMMISSION
4 . September 20, 1977
Page 7
5.5 Conditional Use CU 23-77 (McCoy)
A request by Irene and James McCoy for a conditional
use permit for five duplex lots in a "R-7, Single Family
Residential" zone at 15805 S.W. 98th Avenue (Wash. Co.
Tax Map 2S1 11CD, Tax Lot 700)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
James McCoy presented a sketch of the site and stated
that he wanted to develop it for retirement income
purposes. He said his neighbors had no objection to
duplexes. McCoy further stated that he wanted a
duplex on lot 6 for better income.
C. Public Testimony:
a. Proponents:
=• Barbara Camp of Durham Road stated she had no objection
to a duplex in this area, also a quality duplex would
not be detrimental to the area.
b. Opponents:
None
D. Staff Recommendation:
Staff recommends approval of the conditional use
permit subject to the following conditions:
1. Lots 1 through 4 be duplex lots; lot 6 be a ;'
single family lot.
2. A half street improvement to collector street
standards be made on the S.W.- 98th Avenue frontage, F,
to include a sidewalk, street lights, and street trees.
E. Commission Discussion and Action: <fi.
o Popp asked about requirement of sidewalk, street
lights, and trees. Does applicant have control
over street lights?
o Laws stated that this site wall be developing as
a subdivision and it,may be determined that a
light is not necessary later but it gives staff
leverage if it is necessary. Half street improve-
MINUTES
TIGARD PLANNING COMMISSION
{ September 20, 1977
Page 8
ments were required of the churches across the
street.
o Tepedino asked staff about Kerwood Estates on
Kimberly Drive.
o Laws answered regarding need for access.
o Wood asked if there are two cuts on Durham
Road. Did the Council approve road after the
Planning Commission determined no need for it?
o Laws answered yes.
o Wood stated that he thought the existing single
family houses would not be downgraded by duplexes.
o Corliss agreed, also because of churches across
the street.
o Tepedino agreed also, because of lack of opposition.
( o Goldbach also agreed.
o Sakata disapproved of the way things were handled
with previous street dedication - the McCoys lost
land with no return.
o Popp agreed with staff that it is not good planning
to put a duplex there but because of all the above
agreed for duplex on lot 6.
Goldbach, moved! and Sakata. seconded t for ,approval,
based on staff findings, omitting #1 and adding #3,
lot 5 to ,be single family.
o Wood recommended that condition #3 be omitted as
well.
o Goldbach accepted the amendment.
The motion was approved by unanimous voice vote.
5.6 Conditional Use CU 26-77 (Atrium Homes)
A request by Atrium Homes for a conditional use permit
for an office buildi;.g in a "C-4, Neighborhood Commercial"
zone at S.W. 105th and McDonald (wash. Co. Tax Map 2S1
10A, Tax Lot 204)
MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
Page 9
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
Bill Reynolds, project architect, had no formal
presentation.
C. Public Testimony:
None
D. Staff Recommendation:
a. Staff:
Staff recommends approval with the following conditions:
1. A sidewalk built to City standards be provided
along S.W. 105th.
2. A nonremonstrance agreement for the improvement
of S.W. McDonald Street be filed with the City Recorder.
b. Cross-examination:
None
E. Commission Discussion and Action:
o Sakata stated that she thought it was better than
apartments.
o Popp said that it is well laid out, an improvement
to the area.
o Corliss asked a question about the sidewalk: who
will use it?
o Popp stated that he thinks pedestrian use will
increase in the area.
o Laws stated that all streets mist be paved, curbed
and sidewalked in accordance with the Code, other-
wise a variance would be in order.
Goldbach moved and Wood seconded for approval based
on staff findings and recommendations.
The motion was passed by unanimous voice vote.
IL
MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
Page 10
6 . Other Business:
6.1 Conditional Use CU 5-77 (Eastgate Family Drive-In
Theater) Approval clarification
A. Staff Report H
Laws presented background: Condition #2 needs
clarification, "paving to City standards of maneuver-
ing areas. " Applicant thinks maneuvering area
was only entry and circumference of site. Staff
understood that all areas other than ther tha actually
between speakers were to be paved.
B. Commission Discussion and Action:
o Tepedion recalls discussing queing-up of cars
in and out He didn't recall paving of stall
rows discussion.
o Wood asked what purpose might we require paving
{ of stall rows for.
o Laws stated that the applicant should pave the
area that the DEQ uses.
o Goldbach stated that the applicant doesn't have
to pave for the DEQ.
o Laws stated that by not requiring paving of all
maneuvering areas, the Planning Commission would
in effect be granting a variance.
o Wood stated that since the Planning Commission
could not remember, perhaps they should reconsider
the application. ;y
o Goldbach said that then the Planning Commission
should go to the transcripts.
o Tepedino said that the Planning Commission could
not now go back and make the applicant pave the
whole thing after the applicant had put in a new
screen. !"
o Popp said he recalls very little about interior
paving -- he does remember discussion on neigh-
bors and on landscape.
MINUTES
TIGARD PLANNING COMMISSION
6 September 20, 1977
Page 11
o Laws stated staff position: it is now at
design review stage; if applicant doesn't
agree with staff design review then he should
go to the Design Review Board, but this could
be avoided if the Planning Commission could
recall what their intent was.
o Popp stated that a transcript of the tape from
that meeting should be made.
o Wood said that the applicant could go to Design
Review or else redecide. now at the Planning
Commission.
o Popp said that the Planning Commission should
hold a new public hearing then. I.
o Goldbach said that the tape should be heard, then
if no conclusive evidence the Planning Commission
should rehear the case and the applicant could
appeal to the Council.
Mw ` o Wood said that it is too late to appeal to the
Council, so the applicant would have to reappeal
to the Planning Commission. f.
o Popp stated that the staff will prepare a transcript
rb
of the tape from that Planning Commission meeting
and if it is still ambiguous, the Planning Commission
will rehear the application.
6.2 Similar use interpretation
Racquet-ball court similar to a drive-in movie. Ron Moore,
applicant, was not present at the last Planning Commission
meeting so the Planning Commission will reconsider the
question.
A. Presentation by applicant:
Ron Moore and his associate said they had a 20 acre
site to be developed as a light industrial park.
Ten to 20% would be developed as a racquet ball and" �
tennis facility. They have found this successful
on the west coast to put racquet ball courts in this i;
type of setting, they have received good response
from the public. It is not a private club but a pay
as you go, open to the public on a reservation system. t
jtj
MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
Page 12
B. Commission Discussion and Action:
o Popp stated that the only way to hear this for
consideration by the Planning Commission as
a conditional use is if it is interpreted as
similar to a drive-in theater, but the Planning
Commission determined at the last meeting that
it was not a similar use.
o Ron Moore explained the similarities: you drive
there, a large space is required, but it is more
healthy.
o Wood asked if the Planning Commission could permit
it as a planned development as long as they are
going to develop the entire site.
o The applicant stated that the City has just rezoned
the site from Commercial to Industrial , before
that time they were a permitted use.
o Corliss stated that it is similar to the gymnasium
conditional use that the Planning Commission
approved at the last meeting.
o Ron Moore showed a site map showing 14 racquet-
ball and 10 tennis courts, light industrial
would come later in four to five years. The tennis
building is too large (expensive) for a commercial
area.
o Wood said that there are two possibilities:
1. similar to a drive-in movie because of economic
problems, or
2. industrial planned development--phase process.
o Sakata said that planned development is the only way.
o Tepedino said that planned development is logical.
o Laws asked what area or percentage would be recrea-
tional.
o Moore answered 6 out of 20 acres
o Laws pointed out that over 25% would be a non-
conforming use in that zone (industrial) .
MINUTES
TIGARD PLANNING COMMISSION
September 20 , 1977
Page 13
o Popp said they should apply for planned devel-
opment-light industrial zone.
o Wood explained that for a planned development
they would have to present two times to the
Planning Commission and once to the Council.
o Popp told the applicants to go planned develop-
ment process is the advice of the Planning
Commission.
'-a
o Corliss asked if the Planning Commission should
not consider racquet clubs as to what zone they
belong in-it may come up again.
6. 3 Popp on Tigard Times article by Cheryl Beshears about
Englewood: he thought Wood did a good job during the
interview and that the article raised some important
points.
�,. 7. Adjournment:
The meeting was adjourned at 10:45 p.m.
NOTICE OF PUBLIC HEARING
TIGARD PLANNING COMMISSION
September 20, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
5. Public Hearings :
5 . 1 Zone Change ZC 27-77 (Stoneridge) NPO 3
A request by Stoneridge Development Company for general
plan and program review of a two phase project : Phase I
to consist of multi-family units and duplex units on a 8.8
acre parcel, Phase II to consist of commercial and commer-
cial-professional uses on a 3. 34 acre parcel (Wash. Co .
Tax Map 2S1 3DD, Lots 800, 900, 1100, 801, 1400, 1500 and
Wash. Co. Tax Map 2S1 10A, Lots 700 and 800)
5.2 Zone Change ZC 30-77 (Waymire) NPO 5
A request by Kenneth Waymire, Waverly Construction, for a
preliminary plan and program review of a residential plan-
ned development in a R-7 zone on a 9. 85 acre parcel at
8065 S.W. Bonita Road (Wash. Co. Tax Map 281 12B, Tax Lot
500)
5 . 3 Zoning Ordinance Amendment (Duplex Lots)
An ordinance amending the zoning title of the Tigard Muni-
cipal Code, Chapter 18 .20, Single Family Residential zone,
Section 18.20. 020, Conditional Uses, with respect to mini-
mum lot requirements for a duplex in a single family resi-
dential zone .
5.4 Zone Change ZC 31-77 (McCoy) NPO 6
A request by Irene and James McCoy 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
Residential" for a 1.9 acre parcel at 15805 S.W. 98th Ave- 1
nue (Wash. Co. Tax Ma p 2S1 11CD, Lot 700)
All persons having an interest in the hearing matter are invited to
appear and submit oral and written testimony or submit written tes-
timony in advance of the meeting.
(Publish in TT September 7, 1977)
ir
fi
II
NOTICE OF PUBLIC HEARING
TIGARD PLANNING COMMISSION
September 20, 1977 - 7 :30 p .m.
Fowler. Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
5 . Public Hearings :
5. 1 Zone Change ZC 27-77 (Stoneridge) NPO 3
A request by Stoneridge Development Company for general
plan and program review of a two phase project : Phase I
to consist of multi-family units and duplex units on a 8.8
acre parcel , Phase II to consist of commercial and commer-
cial-professional uses on a 3.34 acre parcel (Wash. Co.
Tax Map 281 3DD, Lots 800, 900, 1100, 801, 1400, 1500 and
Wash. Co . Tax Map 2S1 10A, Lots 700 and 800)
5.2 Zone Change ZC 30-77 (Waymire) NPO 5
A request by Kenneth Waymire, Waverly Construction, for a
preliminary plan and program review of a residential plan-
ned development in a R-7 zone on a 9.85 acre parcel at
8065 S.W. Bonita Road (Wash. Co. Tax Map 281 12B, Tax Lot
500)
5. 3 Zoning Ordinance Amendment (Duplex Lots)
An ordinance amending the zoning title of the Tigard Muni-
cipal Code, Chapter 18.20, Single Family Residential zone,
Section 18.20. 020, Conditional Uses, with respect to mini-
mum lot requirements for a duplex in a single 'family :resi-
dential zone.
5. 4 Zone Change ZC 31-77 (McCoy) NP0 6
A request by Irene and James McCoy for a zone map amendment
H
to change the zoning designation from Washington County +
Zoning RU-4 to City of Tigard Zoning "R-7, Single Family
Residential" for a 1.9 acre parcel at 15805 S.W. 98th Ave-
nue Ma Wash. Co. Tax Tax Lot 700
( Map 2S1 11CD� 700)
5. 5 Conditional Use CU 23-77 (McCoy) NPO 6
A request by Irene and James McCoy for a conditional use
permit for five duplex lots in a "R-7, Single Family Resi-
dential zone" at 15805 S .W. 98th Avenue (Wash. Co. Tax Map
2S1 11CD, Lot 700)
ji4'
TIGARD PLANNING COMMISSION
September 20, 1977 - 7 : 30 p.m.
Page 2
5.6 Conditional Use CU 26-77 (Atrium Homes) NPO 6
request by Atrium Homes for a conditional use permit for
an office building in a "C-4, Neighborhood Commercial Zone"
at S.W. 105th and McDonald (Wash. Co. Tax Map 2S1 10A, Lot
204)
All persons having an interest in the hearing matter are invited to .
appear and submit oral and written testimony or submit written tes-
timony in advance of the meeting.
(Publish in TT September 14, 1977)
1
1
, :---- - ' '
V
STAFF REPORT (,€
AGENDA 5.2 .
( TIGARD PLANNING COMMISSION 1
r
September 20, 1977 - 7:30 p.m.
Fowler Junior High School ._ Lecture Room if
10865 S.W. Walnut Street - Tigard, Oregon
1
Docket: Zone Change ZC 30-77 j`,
Request: For preliminary plan and program review of a residential
planned development containing 55 units on 46 lots (six
duplexes, one four-plex, and 38 single family' units) in a
R-7 zone on a 9 .85 acre parcel
Location: 8065 S.W. Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot
500) }s
Applicant: Kenneth Waymire (Waverly Construction Company)"
I . Basic Facts:
1. The site is designated eight dwelling units per acre on the
north side of the spine road and six dwelling units per ac- .I
re on the south side of the spine road on the recently
adopted Neighborhood Planning Organization No. 5 Plan and
currently zoned R-7, "Single Family Residential" . b
(
2. Applicable objectives from the NPO No. 5 Plan for this area
(referred to in the NPO Plan as the "Bonita Triangle") are
the following:
a. Establish an overall density which can economically sup- 1
port lower cost housing alternatives while not overtax-
ing the required public facilities and services.
b. Maximize the benefits of the open space provided by the
Fanno Creek flood plain and the buffering effects of
its vegetative cover.
to the areas of usable o
c. Provide pedestrian en
inks es 1 g p
space. i
d. Provide vehicular access which serves all properties
while minimizing conflict points on Bonita and Hall.
e. Provide for diversity of housing types and densities.
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
September 20, 1977
Page 2
3. Section 18.56 .010 of the Tigard Municipal Code states that:
"Purpose. The purpose of the planned development district
is to provide opportunities to create more desirable en-
vironments through the application of flexible and diversi-
fied land development standards under a comprehensive plan
and program professionally prepared. The planned develop-
ment district is intended to be used to encourage the ap-
plication of new techniques and new technology to community
development which will result in superior living or devel-
opment arrangements with lasting values. It is further in-
tended to achieve economies in land development, mainten-
ance, street systems, and utility networks while providing
building groupings for privacy, usable and attractive open
spaces, safe circulation, and the general well-being of
the inhabitants. "
4 . Section 18.56 .020 provides for preliminary plan and program
review by the Planning Commission and requires that such
review be based upon the comprehensive plan, the standards
of this title, and other regulations and the suitability of
the proposed development in relation to the character of
the area.
5. Applicable policies from the Tigard Housing Report:
Policy 12 : "Revise lot size requirements to allow smaller
lot sizes in designated areas. "
Policy 15: "Provide greater diversity of housing density
(e.g. , duplexes, four-plex, attached single-
family units, etc. ) . "
Policy 16 : "Provide for a diversity of housing types in
large residential planned unit developments
which offer the opportunity to plan for their
compatible placement. "
6 . Applicable policies from Environmental Design and Open
Space Plan:
Policy 3. "The City shall restrict alteration of natural
drainageways unless it can be demonstrated
that the benefits are greater than the detri-
mental effects. Other jurisdictions in the
Fanno Creek Basin shall be encouraged to do the
same. "
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STAFF REPORT
AGENDA 5.2
* TIGARD PLANNING COMMISSION
September 20, 1977
Page 3
Policy 5 . "The City shall adopt an ordinance to regulate
the removal and/or replacement of existing
natural vegetation in designated areas (flood
plains, drainageways, areas of high visibility,
unique habitats or rare species) . Significant
trees or stands of timber shall be protected. "
Policy 6. "Require a site development report (e.g. , hy-
drology, soils, geology) for major projects in
designated areas; and a statement reflecting
methods to be used to minimize the runoff ero-
sion impact of the development on the surround-
ing area and downstream properties. "
Policy 8. "To augment the scenic benefit of the greenway,
the City should establish the major vehicular
transportation routes as scenic or visual cor-
ridors. The Park Board should plan and initi-
ate a program (through public and private co- ;!
operation) for corridor landscape preservation
and/or improvement. "
Policy 19 . "When land is developed and includes a desig-
nated pedestrian/bicycle path route, easements
shall be granted to the City. In cases where
development increases the need for the path,
construction should also be required. When
development occurs that is not on a designated
bike path route, but increases the need for a
path, a construction to a special bike path
construction fund should be sought."
II. Staff Findings:
1. The site plan stipulates six duplexes--one located along �.
Bonita Road (Lot 1) , another on Lot 44, and four duplexes
on Lots 10 , 35, 36, and 37, situated on the south side of
the future spine road. The four-plex is located in the
southeast corner of the parcel fronting on Bonita Road.
Staff concurs with the placement of duplexes on Lots 10 and
35, 36, and 37 because they provide a compatible transition i.
between the single family units to the south and the condo-
minimum ,r.
units on the north side of the spine road. Staff
also supports the placement of duplexes along Bonita Road ``
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STAFF REPORT
AGENDA 5.2
.' TIGARD PLANNING COMMISSION f'
September 20, 1977
Page 4
a .
for essentially the same reasons in that they would provide
a buffer between the single family residential and an arte-
rial street. However, increasing the density of those lots
along Bonita beyond duplexes would not be in keeping with
the intent of the NPO plan, which designates this area as
single family residential. Therefore, staff would suggest
that the proposed four-plex (Lot 45) be a duplex lot and
that Lot 44, which is shown as a duplex lot and which poten-
tially represents an encroachment into the single family
area, be developed as a single family unit.
The 55 units as proposed would provide housing for approxi-
mately 154 persons (at the prevailing household size of 3.2
persons per unit for single family and 2.0 for the attached
units) .
2 . According to the Washington County tax map, the site is
9 . 85 acres. This differs somewhat from the applicant's sub-
mitted figure of 9.92 acres. The overall density being pro-
posed is 5.54 dwelling units per acre. "The intensity of
the land use will be one dwelling unit for every 7,858 1
square feet of the gross site. " The applicant is proposing 1
to construct one- and two-story attached and detached dwel a
lings, with some having zero lot lines "depending upon the ' a
contours and natural features of the land" , with an average 1
lot size of 5,062 square feet. The attached single family ; i
units (totalling 24 units, excluding the duplexes and one
four-plex) are to be located in the northern portion of the
site .
The applicant is proposing to devote approximately 32 per-
cent of the total site for common area. The open space is
to be kept in undivided common property ownership.
The site is at an elevation 183 5 feet along the south
3. he elevation feet g
property line fronting on Bonita Road. At this point mov- 1.
ing in a northerly direction, the site drops rather quickly
to an elevation of 170 feet, rises to 180 feet, and drops
sharply to 140 feet, which is the bottom of a natural drain-
age swale that runs along an east-west corridor about in the
middle of the parcel. The site then rises to an elevation
of 160 feet within a fairly flat area in the northern por--
tion of the site, then drops off sharply at Fanno Creek, lo-
cated in the northernmost portion of the parcel.
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STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
September 20, 1977
Page 5
There is a single family house located in the southwest cor-
ner of the site. The applicant is proposing to retain this
house and incorporate it into the planned development. The
southern half of the site is covered with a mixture of de-
ciduous and conifer trees. Trees also cover the west side
of the property in the northerly half. The eastern portion
of this half is an open pasture.
4. Primary access to the site will be a street running from
Bonita Road to the northern portion of the property where
it will cul-de-sac. The site plan indicates that this road
is to be developed on a 40 foot wide right-of-way. There
is no indication as to what street standards are to be em-
ployed (i.e. , width of surface pavement, curbs, sidewalks) .
Provision has been made for a secondary access point to the
adjacent property to the east between Lots 42 and 43. This
street is to be developed on a 40 foot right-of-way, but,
again, no indication of street standards has been given.
The adopted NPO #5 Plan requires that a spine road be con-
structed within the "Bonita Triangle" that will provide for
� . internal traffic circulation and eliminate the need for a
multitude of access points onto Hall Boulevard and Bonita
Road. The applicant is showing an east-west alignment of
the spine road (within a 50 foot right-of-way) which is to
be located approximately within the center of the property.
However, the north-south roadway, which is approximately
1, 000 feet in length, is shown having access onto Bonita
Road. If the intent of NPO 5 Plan is to be met, then at $!
such time as the eastern end of the spine road is completed
to the intersection of Bonita Road, access from Bonita Road
to the subject site should be eliminated.
5. In the northern portion of the development the applicant
has provided a rather large area (approximately 110 by 215
feet) to accommodate a cul-de-sac and what appears to be an
area for on-street parking. Staff is concerned, from a
visual standpoint, that, without the introduction of land-
scaping within this area, the net effect would be an over-
powering amount of asphalt. By providing a combination
landscape island and parking bay within the middle of the
cul-de-sac, it would compliment the overall natural setting
of the site and soften the visual impact when entering this
area.
STAFF REPORT
AGENDA 5.2
4 TIGARD PLANNING COMMISSION
September 20, 1977
Page 6
III. Conclusionary Findings:
1. A cul-de-sac should be provided at the southern end of the
development with temporary access to the site from Bonita
Road between Lots 1 and 45 . This access would be closed at
such time as the spine road is completed to the east.
Therefore, the applicant must resubmit a lotting pattern de-
signed to accommodate the placement of a cul-de-sac at the
southern end of the north/south street.
2. The overall density and diversity of housing types will help
to economically support lower cost housing alternatives
while not overtaxing the required public facilities and ser-
vices.
3 . The provision for common areas will help to compliment -the
benefits of the open space provided byrthe- Fanno'.Creek flood
plain and the buffering effects of its vegetative . cover.
Iv. Staff Recommendation:
Staff recommends approval of the preliminary plan and program
with the condition that the following information be provided
and alterations be made to the applicant' s general plan and pro-
gram when submitted for final consideration:
1. That a parking and circulation plan incorporating a land-
scape island within the cul-de-sac in the northern portion
of the development be submitted.
2 . That documents establishing how the common areas will be
maintained be submitted.
3. That a street tree plan be submitted.
4. That cross-sectional drawings of the north/south street and
east/west street between Lots 42 and 43 be submitted and
justification for deviation from City street standards be
given.
5. That the site plan be revised to provide for a cul-de-sac
at the south end of the north/south street and a temporary,
access point from the cul-de-sac to S .W. Bonita Road be
shown.
STAFF REPORT
AGENDA 5.2
�u' TIGARD PLANNING COMMISSION
` September 20, 1977
Page 7
6 . That documents be submitted which describe how the place-
ment of accessory buildings, fence height, and removal of
trees will be controlled on those lots fronting on Bonita
Road.
7 . That an easement be shown for all that area in the northern
portion of the site which falls within the Farina Creek
flood plain and the location of a pedestrian/bicycle pathway
be shown on the site plan.
8. Staff will explore with the applicant an appropriate street
standard for the spine road section.
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
September 20, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room •
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 31-77
Request: Zone map amendment to change the zoning designation from
Washington County RU-4 to City of Tigard "R-7, Single
Family Residential" for a 1.9 acre parcel
Location: 15805 S.W. 98th Avenue (Wash. Co. Tax Map 2S1 11CD, Tax
Lot 700)
Applicant: Irene and James McCoy
I. Findings:
1. The applicant is requesting the application of the City of
Tigard zoning ordinance to a recently annexed, May 4, 1977,
1.9 acre parcel designated "Urban Low Density Residential"
on the Tigard Community Plan.
2 . City of Tigard Ordinance 77-44 (June 27, 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. The applicable policy from the Tigard Community Plan, 1971,
is as follows:
"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 square feet of land per dwelling
unit allowing for streets and other open space. Some areas
will have a lower density owing to topography, existing de-
velopment patterns or the desire of individuals to own a
larger lot. "
4 . On August 22 , 1977, the City Council amended a condition of
Ordinance No. 77-49, a zone change request by Kermit Car-
lile and Woody Hughes (owners of the property adjacent the
subject parcel to the west) requiring Mr. Hughes and Mr.
Carlile "to improve the street onto S.W. 98th Avenue to a
24 foot width with curbs, storm drainage, and sidewalk on
one side, if the right-of-way became available before the
subdivision was completed and streets and improvements were
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STAFF REPORT
r, AGENDA 5 .4
TIGARD PLANNING COMMISSION
September 20, 1977
Page 2
accepted by the City of Tigard. " The right-of-way referred
to in this condition is located in the north portion of the
McCoy property. To satisfy this condition 50 feet of right-
of-way along the west property line of the McCoy property
would be necessary to accommodate the alignment of the
street within the Kerwood Estates subdivision; however, the
right-of-way can be tapered down to 40 feet once the neces-
sary radius has been accomplished from reducing the pave-
ment from 34 feet to 24 feet.
5. The site is flat. A single family home is located in the
southern portion of the lot, and a nut orchard is located
in the northern end of the parcel. Surrounding land uses
are the Summerfield golf course to the north, the Church of
God and Church of Christ to the east and across S.W. 98th,
a single family home to the south, and the "Kerwood Estates"
subdivision (undeveloped at this time) to the west.
6 . Water service is available to the site via a 12 inch line
in S.W. 98th Avenue. Sanitary sewer service would have to
be extended to the site from an eight inch line in Durham.
7. S .W. , 8th Avenue is in substandard condition. However, im-
provements
to this street will be provided at such time as
the applicants develop their property.
8 . S.W. 98th is designated as a collector street on the Tigard
Community Plan, 1971 and requires 60 feet of right-of-way.
There is presently 55 feet of right-of-way. Therefore, an
additional five foot dedication would be necessary. }!
II. Conclusionary Findings:
1. There exists a public need to apply City of Tigard zoning
to all parcels of land in the city in order to ease the ad-
ministration on of land use re ulations. ,3
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2. The proposed R-7 zoning district is compatible with the
surrounding zoning and conforms to the "Urban Low Density 4'
Residential" policies of the Tigard Community Plan, 1971,
in that it limits the maximum overall density to four dwel-
ling units per acre.
3. The R-7 zoning is the most appropriate designation due to
there being no apparent development constraints and the °
need to efficiently utilize buildable lands in the urban
area.
STAFF REPORT
Ar AGENDA 5.4
IL TIGARD PLANNING COMMISSION
September 20 , 1977
Page 3
III. Staff Recommendation:
Staff recommends approval with the following condition:
1. That the necessary right-of-way be provided to accommodate
the extension of a street from the Kerwood Estates subdivi-
sion onto S .W. 98th Avenue. This would require a minimum
right-of-way of 50 feet along the west property line taper-
ing to 40 feet out to S.W. 98th Avenue.
2. That five feet dedication of-r qh-t--of may be provided along:
the S.W. 98th Avenue frontage.
STAFF REPORT
AGENDA 5 .5
TIGARD PLANNING COMMISSION
September 20, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Conditional Use CU 23-77
Request: For five duplex lots in a "R-7, Single Family Residential"
zone on a 1. 9 acre parcel
Location: 15805 S.W. 98th Avenue (Wash. Co. Tax Map 251 11CD, Tax
Lot 700)
Applicant: Irene and James McCoy
I. Findings of Fact:
1. The site is designated "Urban Low Density Residential" on
the Tigard Community Plan, 1971 and presently zoned County
RU-4 .
2 . Section 18.20. 020 (1) of the Tigard Municipal Code permits
"Duplex residential, with a minimum lot size of ten thou-
sand square feet: one duplex per lot as a conditional use
:.. in the R-7 zone. "
3. The applicable policy from the Tigard Housing is the fol-
lowing:
Policy 15: "Provide greater diversity of housing density
(e.g. , duplexes, four-plex, attached single
family units, etc. ) " .
II. Staff Findings:
1. The site is currently occupied by a single family home lo-
cated in the southern portion of the lot. A nut orchard
takes up the remaining northerly portion of the site. Sur-
rounding land uses are a single family home to the south,
Kerwood subdivision to the west, Summerfield golf course to
the north, and the Church of God and Church of Christ to
the east.
2. Water service is available to the site from the Tigard Water
District 12 inch line on S.W. 98th Avenue. Sanitary sewer ser
vice would have to be extended from Durham Road to the
south or through the subdivision to the west. The home in :
the south portion of the lot is currently on a septic tank
system.
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STAFF REPORT
. AGENDA 5.5 ,
it TIGARD PLANNING COMMISSION 1
September 20, 1977
Page 2
3. The applicants propose to partition Tax Lot 700 (1.9 acres) '
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so that they may create five duplex lots and one single
family lot (22,500 square feet) . The average lot size of s;
the duplex lot will be 11,000 square feet with no lot less Iy
than 10,000 square feet. The applicant's site plan envi-
sions four duplex lots to be located on the north 'side of
the single family residence and the fifth duplex lot to be
located on the south side of the single family unit, which E.
would place the duplex lot between two single family homes.
4. The placement of duplex lots on a collector street would ap-
pear to be an appropriate land use in that duplexes would
provide a buffer between the single family development to
the west and the traffic on S.W. 98th Avenue. However, the
placement of a duplex lot between two single family homes
would appear contrary to good land use planning.
5. The additional traffic generated by this proposal can be ef-
fectively handled by the collector street which fronts this l„
property and intersects with an arterial street several hun-
dred feet south of the site. This will minimize the impact I!
on the traffic circulation pattern within the neighborhood.
6. S .W. 98th Avenue is a collector that is in substandard con- is
dition. The necessary right-of-way of 60 feet in accordance lk
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with the Community Plan is available for this street.
III. Staff Recommendation: `!
Staff recommends approval of the conditional use permit subject t';
to the following conditions: ' ,.'
1. Lots 1 through 4 be duplex lots; Lot 6 be a single family
lot. f,'I i
2. A half street improvement to collector street standards be !
made on the S.W. 98th Avenue frontage, to include a sidewalk, (.
street lights, and street trees. ,;
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STAFF REPORT
AGENDA 5. 6
TIGARD PLANNING COMMISSION
September 20, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Conditional Use CU 26-77
Request: For an office building in a "C-4 , Neighborhood Commer-
cial" zone on a . 52 acre parcel
Location: 105th and McDonald (Wash. Co. Tax Map 2S1 10A, Tax Lot
204)
Applicant: Atrium Homes, Inc.
I. Findings of Fact:
1. The site is designated "Residential-Commercial" on the Ti-
gard Community Plan, 1971 and zoned "C-4 , Neighborhood Com-
mercial" .
2 . Section 18 . 32.020 (9) of the Tigard Municipal Code permits
"doctor or dentist and commercial or professional office"
as a conditional use in the C-4 zone.
II. Staff Findings:
1. The applicant is requesting permission to construct a 7,430
square foot general purpose professional and commercial of-
fice building. The applicant has stated that potential
leasees would include a dentist, lawyer, title insurance
company, and a beauty salon operator.
2. The site is a flat, vacant parcel, fronting on the corner
of 105th and McDonald Streets. Surrounding land uses are a
Seven-Eleven store to the west, a Sears Credit Office to
the north and across McDonald Street, apartments to the
east, and the Tigard Care Center to the south.
3. Section 18.60 .120 (4) (f) of the Tigard Municipal Code re-
quires one parking space/350 feet gross floor area. The
site plan envisions 27 parking spaces available, whereas
21 are required by code.
4 . An office is generally considered a low traffic generator,
and this use would be compatible with the existing uses
within the area . The site plan envisious access to be pro-
viced at two points on the site--one onto McDonald Street
and the other from 105th.
STAFF REPORT
>I:
AGENDA 5.6
TIGARD PLANNING COMMISSION
September 20, 1977
Page 2
5. S.W. McDonald is in substandard condition, and as a condi-
tion
o f approval for the Sears Cred i t Un io n, opposite the
proposed site, a non-remonstrance agreement for the improve-
ment of S':W. McDonald is required.. f„
6. S.W. 105th is paved and curbed, but no sidewalks exist;
therefore, a sidewalk should be provided along the length
of the property fronting on 105th Street.
III. Staff Recommendation:
Staff recommends approval with the following conditions:
1. A sidewalk built to City standards be provided along S.W.
105th.
2. A non-remonstrance agreement for the improvement of S.W. Mc-
Donald Street be filed with. the City Recorder.
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