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Planning Commission Packet - 11/15/1977 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. • C AGENDA TIGARD PLANNING COMMISSION November 15, 1977 - 7:30 p m. Fowler junior High School - Lecture Room 10865 S W Walnut Street - Tigard, Oregon 1 Call to Order: 2 Roll Cali: 3 Approval of Minutes: .(J. Communications: 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 30-77 (Waymire) NPO 5 A request by Kenneth Waymire, Waverly Construction, for a general plan and pro- gram 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 120, Tax Lot 500) 5.2 Zone Change W. 27-77 (Stoneridge) NPO 3 A request by Stoneridge Development Company for a preliminary plan and program review of a two phase residential/commercial planned development of an 8,8 acre parcel (Wash. Co., Tax Map 251 10A, Tax Lots 700, 800 and Wash, Co. Tax Map 251 3DD, Tax Lots 801, 900, 1100, 1400, 1500) and a zone map amendment from R-10, "Single Family Residential" to CP "Commercial Professional" on parcels totalling 3.56 acres (Wash. Co, Tax Map 2S1 3DD, Tax Lot 900 and the eastern portion of Tax Lot 1500) 5.3 Conditional Use CU 37-77 (Farr) NPO 6 A request by Dave Farr for a conditional use permit for 12 duplexes in a R-7, Single Family Residential, zone at Stratford, Subdivision (Wash, Co. Tax Map. 2S1 11D, Tax Lot 1400) • \ � .} 2 �\ \ � \ AGENDA . \ TIGARD PLANNING COMMISSION November 15, 1977 . /. Page 2 \. . / � \ 5 4 Conditional Use CU 3877 (MTI) NPO 1 A request by Theodore Hunt (MTI, Inc ) for a conditional use permit to operate an electronics assembly company in a M-4, "tip t Manufacturing", zone on a 5 51 acre parcel at 8900 S .W. Burnham Road (Wash Co- Tax p 2S1 2AD, Tax Lot 2200) 5. 5 Conditional Use CU 31, 77 (Tigard High School) (Tabled from November 1 Plan- / fling Commission meeting) NPO 6 \ A request by School District No 23J for a conditional use permit for addi- tional classrooms in a ©R-30, Single Family Residential" zone at 9000 S W. Durham Road (wash. Co. Tax p 2S1 14A, Tax tots 100, 101, 200, 1102, 1201) , 6 Other Business; \ 7 Adjournment ` ~ / . . d \ ; \ R . . . � < � . . . . . :� . . . . ° / 2< �% ƒ MINUTES TIGARD PLANNING COMMISSION November 15, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon 1. Call to order: 7: 30 p.m. 2 , Roll Call: Present: Sakata, Goldbach, Corliss, Wood, Moore, Tepedino, Popp, Brian Absent: Wood (Note: Wood arrived at the beginning of Item 5.2) Staff: Laws, Edwards 3 . Approval of Minutes: The minutes of November 1, 1977 were approved as presented. 4 . Communications: None 5. Public Hearings: ` 5. 1 Zone Change ZC 30-77 (Waymire) The applicant was not present. Moore moved and Sakata seconded to defer the items to the end of the meeting. The motion was approved by unanimous voice vote. 5.2 Zone Change ZC 27-77 (Stoneridge) A request by Stoneridge Development Company for a preliminary plan and program review of a two phase residential/commercial planned development of an 8.8 acre parcel (Wash. Co. Tax Map 2S1 10A, Tax Lots 700, 800 and Wash. Co. Tax Map 2S1 3DD, Tax Lots 801, 900, 1100, 1400 , 1500) and a zone map amendment from R-10, "Single Family Residential" , to CP, "Commercial Professional" , on parcels totalling 3.56 acres (Wash. Co. Tax Map 2S1 3DD, Tax Lot 900 and the eastern portion of Tax Lot 1500) A. Staff Report: Read by Laws MINUTES TIGARD PLANNING COMMISSION t; November 15, 1977 f' Page 2 (. B. Applicant's Presentation: Joe Van Lom, project architect: o Explained why the original planned development had been dropped and the intent of the new submission o Stated that duplexes were a less intensive use and would generate significantly less traffic than C-P use o Outlined the planned development concept, Phase I and II. C. Public Testimony: In favor: Dick Kluempke, NPO III chairman, presented the NPO find- ings: o That a professional traffic study should be done on the additional traffic load at the intersection of Gaarde and Pacific and McDonald and Pacific and de- termine development should coincide with a traffic light at either of these corners o That the main road had only one exist and entrance therefore functioning as a cul-de-sac over the 400 foot maximum as stated in NPO III o That a report from the fire marshall on access be required o Covenants for a homeowner association be attached to the approval o That the pedestrian path system parallel with the streets o That narrower streets be installed but with a turn- around area doubling for overflow traffic and possi- ble recreation facilities. ILa _ MINUTES TIGARD PLANNING COMMISSION November 15, 1977 Page 3 Bibianne Scheckla, NPO III member, stated that the home- owners' association proposed by the NPO should be as protective as possible for the surrounding homes. Roger Stayer (Stoneridge Development Company) stated that one -story units would be placed as a buffer to the single family units and that the developer intended to develop a restrictive homeowners 's association. In opposition: Mel Johnson stated that residents of S.W. Fairhaven Way and Gaarde Street should be protected from the develop- ;. ment, expressed concern over the lack of enforcement for a homeowners' association, and requested a buffer of single family homes between duplexes and existing homes. D. Staff Recommendation: o Staff addressed NPO III concerns: ii 1. The fire marshall had reviewed the plans and was ` satisfied with the circulation 2 . The pedestrian paths in question served as side- walks to the front of the units . r, Staff recommends approval of the preliminary plan and program with the following conditions: 1. That the 13,500 square foot "public park" be re- tained in private ownership and maintenance respon- sibility be prescribed to the Homeowners Associa- tion. 2 . Prior to the development of any part of Phase II, a '.) development plan and a traffic,analysis shall be submitted to the City. 3 . The properties in Phase II shall be provided access by a private frontage road. c: 4 . That the streets between Lots 5 through 10, 11 through 16, and 18 through 24 be private driveways f and a deed covenant be attached to the lots gaining t, access from these private drives assigning mainten- ance responsibility. Ij MINUTES TIGARD PLANNING COMMISSION November 15, 1977 Page 4 5. That the "off-street" parking arrangement as shown between Lots 5 through 8 also be provided for Lots 11 through 16 and 18 through 24 . 6. That access be restricted from S.W. Gaarde Street and a means of providing access to Lot 4 be shown on the general plan and program. 7. That documents establishing how the duplex units are to be maintained be submitted with general plan and program. o Van Lom agreed to explore: the bicycle path concept, the possibility of recreational facilities at the end of turn-arounds, and the placement of one-story units next to single family and a buffer of a six foot fence with .landsca ing P g E. Commission Discussion: o Van Lom stated that the homeowners ' association would include parking of recreational vehicles, TV anten- ,µ nas, maintenance of yards, etc. o Sakata, Goldbach, and Tepedino expressed concern over duplexes abutting the existing single family homes and starting a trend on 110th. o Staff outlined housing policies and planned develop- ment concept to support the reduction of duplex lot sizes. o Wood suggested permitting duplexes next to single family but on 10,000 square foot lots and acquiring a strong homeowners ' association, the enforcement to be reviewed by the City attorney. Wood also objected to citing Baker vs . Milwaukie in Staff Conclusionary 'a Finding 1. o Popp summarized the content of the discussion and pointed out the need for additional parking. Brian moved for approval and Moore seconded based on staff findings and with seven staff conditions. (:' MINUTES TIGARD PLANNING COMMISSION November 15, 1977 Page 5 o Wood asked that the motion be amended to include: 1. That Conclusionary Finding 1 be cut to exclude the referenct to Baker vs. Milwaukie 2. That Unit D be common wall housing on separate lots to encourage single family ownership. Brian moved and Moore seconded to accept Wood's two amendments to the motion. The motion was approved six to three, with Sakata, Gold- bach, and Tepedino dissenting. 5.3 Conditional Use CU 37-77 (Farr) A request by Dave Farr for a conditional use permit for 12 duplexes in a R-7, Single Family Residential, zone at Strat- ford Subdivision (Wash. Co. Tax Map 2S1 11D, Tax Lot 1400) A. Staff Report: Read by Laws B. Applicant 's Presentation: Jim Harris, Harris and McMonagle Associates, stated that the applicant agreed with all staff conditions. C. Public Testimony: None D. Staff Recommendation: Staff recommends approval with the following condition: I. Lot 50 be a duplex lot. E. Commission Discussion: o Sakata and Tepedino questioned the consistency of placing duplex units next to single family homes in relationship to the last item. o Popp stated that duplexes were necessary as a buffer along Durham and between two different types of land uses. IL MINUTES TIGARD PLANNING COMMISSION November 15, 1977 ( Page 6 o Goldbach stated that the planning department's di- rections were inconsistent and that by approving du- plexes future development patterns were being fore- closed on adjoining property. o Wood stated that the application should be denied because it was inconsistent with planning principles. Wood moved and Sakata seconded for denial based on the facts that the duplex proposed would face single family 1 dwelling and duplex lots were not r .;essary to protect the owners ' land values. The motion was approved with one abstention--Popp. 5.4 Conditional Use CU 38-77 (MTI) A request by Theodore Hunt (MTI , Inc. ) for a conditional usd. permit to operate an electronics assembly company in a M-4 , "Light Manufacturing" , zone on a 5 .51 acre parcel at 8900 S.W. Burnham Road (Wash. Co. Tax Map 2S1 2AD, Tax x Lot 2200) A. Staff Report: Read by Laws B. Applicant's Presentation: Theodore Hunt, applicant, outlined the method of opera- tion. C. Public Testimony: None D. Staff Recommendation: Staff recommends approval. E. Commission Discussion: Goldbach moved and Sakata seconded for approval based on staff findings. The motion was approved by unanimous voice vote. Ar 4A lit MINUTES TIGARD PLANNING COMMISSION November 15, 1977 Page 7 5.5 Conditional Use CU 31-77 (Tigard High School) A request by School District No. 23J for a conditional use permit for additional classrooms in a "R-30, Single Family Residential" , zone at 9000 S.W. Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lots 100, 101, 200, 1102, 1201) o Sakata abstained because of a possible conflict of in- terest. A. Staff Report: Laws presented a memo outlining the City legal position on the matter. B. Applicant's Presentation: Deb Fennell, applicant, objected to staff conditions be- cause the improvements were not needed and would decrease the on-site parking. C. Public Testimony: None D. Staff Recommendation: Based on Findings of Fact and Conclusionary Findings, staff recommends approval with the following conditions: 1. That if any additional expansion of the school dis- trict is intended now or in the future that each ad- dition to the high school be added together, begin- ning with this project, with the intent that when the 20 percent figure is reached the needed improvements to 92nd can be required. As an additional note, the Planning Commission should request the school dis- trict to budget for the cost of this improvement when levies are presented to the voters. 2. That the agreement between the school district and Washington County for the future dedication of right- of-way (45 feet from center line) to accommodate the widening of S.W. Durham Road be amended to include the City of Tigard. MINUTES TIGARD PLANNING COMMISSION November 15, 1977 Page 8 E. Commission Discussion: o Brian questioned the legality of aggregating improve- ments. o Fennell stated that the proposed improvement consisted of five percent of the total floor space. o Wood stated that it was inappropriate for the school system to improve a collector street. o Discussion on improvements and dedication of S.W. 92nd. Brian moved and Popp seconded for approval based on staff findings and with the following conditions: 1. 25 feet right-of-way be provided along the S.W. Dur- ham Road frontage and the agreement with the school district and Washington County be amended to include the City of Tigard. 2. Five feet right-of-way be provided along the S.W. 92nd Avenue frontage and a half street improvement be required, effective when an aggregate structural expansion reaches 20 percent, and that the school district be encouraged to budget for this cost. o Wood stated he would vote no because the school dis- f ' trict was not creating a traffic burden on S .W. 92nd. The motion failed one to six, with Wood, Popp, Goldbach, Tepedino, Moore, Corliss dissenting. Wood moved and Goldbach seconded for approval based on staff findings with the following conditions: 1. That the agreement between the school district and Washington County for the future dedication of right of-way (45 feet from center line) to accommodate the widening of S.W. Durham Road be amended to include the City of Tigard. 2. That five feet right-of-way be provided along the S.W. 92nd Avenue frontage when an aggregate struc- tural expansion of the high school reaches 20 per- cent. -- -- MINUTES TIGARD PLANNING COMMISSION November 15, 1977 Page 9 The motion was approved six to one, with Moore dissent- ing and Sakata abstaining. 5. 1 Zone Change ZC 30-77 (Waymire) A request by Kenneth Waymire, Waverly Construction, for a general plan and program review of a residential planned de- velopment 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: Jim Harris, Harris and McMonagle, requested that the street tree plan be submitted with the final plat plan and agreed with the other staff conditions. C. Public Testimony: None D. Staff Recommendation: Staff recommends approval of the general plan and program with the following conditions: 1. Ten feet of right-of-way be dedicated along the S.W. Bonita Road frontage to provide for future improve- ment. 2. An eight foot wide bicycle/pedestrian path be con- structed to Oregon State Highway Division standards and a 90 by 335 foot bike path easement be provided in the northernmost portion of the site. Actual lo- cation of the path shall be subject to planning de- partment approval. 3. That maintenance responsibility be assigned to the Homeowners Association for the cul-de-sac island in the northern portion of the site and "Tract A" and that these two areas be designated as common area. 4: MINUTES TIGARD PLANNING COMMISSION November 15, 1977 Page 10 4. That a street tree plan be submitted with the pre- liminary plat. 5. That combination landscape island and parking, the duplexes, and attached single family units be sub- ject to design review. 6. That a 30 foot setback from the property line along the S.W. Bonita Road frontage be provided and that the placement of accessory buildings, removal of trees, and construction of fences within this area be subject to design review. 7. No off-street parking shall be permitted in that section on the north side of the spine road, except for the parking bays within the landscape island. 8. That the following conditions shall apply to the temporary access point (Tract A) between Bonita Road and the southern end of the cul-de-sac: a. A 40 foot wide public easement for utility and traffic purposes shall be provided. b. A 24 foot wide asphalt surface shall be provided within this easement area as a temporary access to Bonita Road. c. Closure of this temporary access shall occur when construction of the spine road to either Hall Boulevard or Bonita Road is completed; this closure will require removal of the 24 foot pave- ment section connecting the cul-de-sac to Bonita Road and the "lift" of asphalt over the curb. The area between the cul-de-sac and, Bonita Road will be landscaped with sight-screening plant materials. The cost of closure (all improve- ments required above) will be born by the devel- oper and a bond filed with the City in an amount twice the estimated cost of carrying the above stated changes. Staff asked that another condition be added: "Sidewalks be allowed to meander and abut the curb in order to preserve the existing trees. " MINUTES TIGARD PLANNING COMMISSION Novmeber 15, 1977 Page 11 o Discussion on flood plain E. Commission Discussion: o Wood outlined his reasoning for permitting duplexes next to and across from single family units. o Moore pointed out that property owners should be aware that the street traffic pattern will change in the future from a through street to a cul-de-sac in order to avoid future problems. o Goldbach requested that the staff report be corrected to read under Findings of ,Fact 5 (9) "Lots 1 and 46 be duplex lots and Lot 45 be single family" . Goldbach moved and Brian seconded based on staff find- ings and with staff Conditions 1 through 8 and adding: 9 . Meandering sidewalks. be permitted to take advantage of natural vegetation subject to staff approval and Condition 4 be revised from "preliminary" to "final plat" . The motion was approved by unanimous voice vote. 6 . Other Business: o Popp announced that Commissioner Moore was resigning his posi- tion as of this date and that the interview board for the two 4'. vacancies would consist of the Mayor, City Administrator, head fi of the involved board, and a City councilman. o Wood stated that the minutes for Wendy's motion should read L "Traffic flow be studied on McKenzie and Pacific Highway" . o Staff asked that the Planning Commission members determine by next week whether or not they could attend a December 20 meet- ing. ,? 7. Adjournment: There being no other business, the meeting was adjourned at 11:20 d p.m. t. frqt., X'A` y qy_, A NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION November 15, 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 30-77 (Waymire) NPO 5 A request by Kenneth Waymire, Waverly Construction, for a general plan and program review of a residential planned development in a R-7 zone on a 9. 85 acre parcel (Wash. Co. Tax Map 2S1-12B, Tax 8065 Bonita Road W P at 80 SW Lot 500) . 5. 2.. Zone Change ZC 27-77 (Stoneridge) NPO 3 A request by Stoneridge Development Company for a pre- liminary Plan and program review of a two phase residential/commercial planned development on an 8.8 acre parcel (Wash. Co. Tax Map 251-10A, Tax Lots 700, t; 800; Wash. Co. Tax Map 2S1-3DD, Tax Lots 801 , 900, 1100, µ 1400, & 1500) and a zone map amendment from R-10 "Single Family Residential" to CP "Commercial Professional" i'. on parcels totalling 3. 56 acres (Wash. Co. Tax Map 251-300 Tax Lot 900 and the eastern portion of Tax Lot 1500) . 5. 3 Conditional Use CU 37-77 (Farr) NPO 6 1 A request by Dave Farr for a conditional use permit for 12 '' duplexes in a R-7 Single Family Residential Zone on n. side of S.W. Durham Road (Wash. Co. Tax Map 251-11D, Tax Lot 1400) . 5. 4 Conditional Use CU 38-77 (MTI) NPO 1 A request by Theodore Hunt (MIT Inc. ) for a conditional use permit to operate an electronics assembly company in an M4 "Light Manufacturing Zone" on a 5. 51 acre parcel at 8900 S.W. Burnham Rd. (Wash. Co. Tax Map 2S1-2AD, Tax Lot 2200) . All persons having an interest in the hearing matter are invited to appear and submit oral and written testimony or submit written y, testimony in advance of the meeting. ,,, (Publish TT 11-2-77) NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION November 15, 1977 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 SW Walnut Street - Tigard, Oregon 5. Public Hearings: 5. 1 Zone Change ZC 30-77 (Waymire) NPO 5 A request by Kenneth Waymire, Waverly Construction, for a general plan and program review of a residential planned development in a R-7 zone on a 9. 85 acre parcel at 8065 SW Bonita Road (Wash. Co. Tax Map 2S1-12B, Tax Lot 500) . 5. 2 Zone Change ZC 27-77 (Stoneridge) NPO 3 A request by Stoneridge Development Company for a preliminary plan and program review of a two phase residential/commercial planned development on an 8. 8 acre parcel (Wash. Co. Tax Map 2S1-10A, Tax Lots 700, 800; Wash. Co. Tax Map 2S1-3DD, Tax Lots 801 , 900, 1100, 1400, & 1500) and a zone map amendment from R-10 "Single Family Residential" to CP "Commercial Professional" on parcels totalling 3. 56 acres (Wash. Co. Tax Map 2S1-3DD Tax Lot 900 and the eastern portion of Tax Lot 1500) . All persons having an interest in the hearing matter are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. (Publish TT 11-9-77) STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION November 15, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 30-77 Request: For a general plan and program review of a residential planned development 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) Applicant: Ken Waymire (Waverly Construction Company) I , Findings of Fact: 1. The applicant is requesting general plan and program re- view in accordance with Section 18.56 .030 of the Tigard Municipal Code for a 9 .85 acre (47 lot) residential plan- ned development at 8065 S.W. Bonita Road (between Fanno Creek and Bonita Road) . 2. The site is designated eight dwelling units per acre on the north side of the spine road and six dwelling units per acre on the south side of the spine road on the re- cently adopted Neighborhood Planning Organization 5 Plan and currently zoned R-7, "Single Family Residential" . 3. Applicable objectives from the NPO 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 support lower cost housing alternatives while not overtaxing the required public facilities and serv- ices. b. Maximize the benefits of the open space provided by the Fanno Creek flood plain and the buffering effects of its vegetative cover. c. Provide pedestrian linkages to the areas of usable open space. d. Provide vehicular access which serves all properties while minimizing conflict points on Bonita and Hall. ir STAFF REPORT F AGENDA 5. 1 TIGARD PLANNING COMMISSION November 15, 1977 Page 2 e. Provide for a diversity of housing types and densi- ties. 4. 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- environments through the application of flexible and di- versified Zand development standards under a comprehensive plan and program professionally prepared. The planned de- velopment district is intended to be used to encourage the application of new techniques and new technology to community development which will result in superior liv- ing or development arrangements with lasting values. It is further intended to achieve economies in land develop- ment, maintenance, street systems, and utility networks while providing building groupings for privacy, usable and attractive open spaces, safe circulation, and the general weZZ-being of the inhabitants. 5. On September 20, 1977, the Tigard Planning Commission ap- proved the preliminary plan and program review for this proposed development subject to the following conditions: (1) That a parking and circulation plan incorporating a landscape island within the cul-de-sac in the north- ern 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 E 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. lx STAFF REPORT AGENDA 5. 1 TIGARD PLANNING COMMISSION November 15, 1977 Page 3 (6) That documents be submitted which describe how the placement 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 Fanno Creek flood plain and the location of a pedes- trian/bicycle pathway be shown on the site plan. (8) Staff will explore with the applicant an appropriate street standard for the spine road section. (9) That Lots 1 and 46 be duplex lots and Lot 45 be a single family lot. II. Staff Observations: 1. The applicant has essent i ally incorporated into the gen- eral plan and program the conditions of preliminary ap- proval by the Planning Commission with the following ex- ceptions: j! Condition 3 No street tree plan has been submitted t3 Condition 6 The covenant, conditions, and restrictions document as submitted fails to state how accessory buildings, fence height, and removal of trees will be controlled on those lots fronting on Bonita Road. The applicant has submitted a letter of correspon- dence which deals with this issue in part but does not really adhere to the intent of the condition. 2 . Applicant is requesting deviation from the street standard by providing a 40 foot wide right-of-way with a 28 foot paved surface (five foot sidewalks both sides of the street) for S .W. 80th Avenue and S.W. Waverly Drive. This appears to be warranted and will minimize the need to cut and fill slopes and help preserve several large r.. trees which would otherwise have to be removed to accom- modate a standard 34 foot pavement section. STAFF REPORT AGENDA 5. 1 �. TIGARD PLANNING COMMISSION November 15, 1977 Page 4 3. Applicant is proposing to retain the common areas in pri- vate common ownership and provide for maintenance of these areas by means of a Homeowners Association. Y A s �,ation. 4. The applicant's revised site plan provides a cul-de-sac at the south end of S.W. 80th Avenue, as per Planning Com- mission conditions, and also includes a 40 foot wide tem- porary access from the site to Bonita Road (identified on. the site plan as Tract A) . Applicant has also provided a landscaped island within the cul-de-sac in the northern portion of the development and incorporated parking bays within the design of the is- land. 5. A 90 by 335 foot bike path easement with a eight foot wide path will be provided in the northern-most portion of the site, which is identified as greenway on the NPO 5 Plan map. III. Conclusionary Findings: 1. The applicant has not provided the necessary documenta- tion assuring the control over the removable of trees, fence height, and location of accessory buildings along the Bonita Road frontage. This length of Bonita Road has been adopted as a scenic corridor on the Environmental Design and Open Space Plan, and protective measures are therefore in order. 2. Tract A, which has been identified as the area to provide temporary access to the site from Bonita Road until such time as S.W. Fanno Creek Drive is extended to either Hall Boulevard or Bonita Road, should be included as part of the "common area" and maintenance responsibility assigned 1 to the Homeowners Association at such time as this area is closed to thru traffic. 3. The request conforms to the NPO 5 Plan, the proposed den- sity being well within the number of dwelling units speci- fied by the plan. 4. The deviations from street standards of the code would ap s pear necessary in order to preserve trees and mitigate Er the need to cut and fill slopes to accoMmodate a local street standard on the site, F 1 STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION November 15, 1977 Page 5 it 5. The overall density and diversity of housing types will help to economically support moderate cost housing alter- ! natives while not overtaxing the required public facili- ties and services. 6. The provision of common areas will help compliment the benefits of the open space provided by the Fanno Creek flood plain and the buffering effects of its vegetative cover. ' IV. Staff Recommendation: Staff recommends approval of the general plan and program with the following conditions: 1. Ten feet of right-of-way be dedicated along the S.W. Bo- nita Road frontage to provide for future improvement. 2. An eight foot wide bicycle/pedestrian path be constructed to Oregon State Highway Division standards and a 90 by ( 335 foot bike path easement be provided in the northern- most portion of the site. Actual location of the path shall be subject to planning department approval. x 3. That maintenance responsibility be assigned to the Home- `` 1 owners Association for the cul-de-sac island in the north- ern portion of the site and "Tract A" and that these two i areas be designated as common area. 4. That a street tree plan be submitted with the preliminary plat. 5. That combination landscape island and parking, the du- plexes, and attached single family units be subject to design review. a 6. That a 30 foot setback from the property line along the S .W. Bonita Road frontage be provided and that the place- ment of accessory buildings, removal of trees, and con- struction of fences within this area be subject to design review. 7. No off-street parking shall be permitted in that section t'j on the north side of the spine road, except for the park- ' , ing bays within the landscape island. ,` t,, [ v €N xxz: STAFF REPORT AGENDA 5 .1 TIGARD PLANNING COMMISSION November 15, 1977 Page 6 ii 8. That the following conditions shall apply to the temporary access point (Tract A) between Bonita Road and the south- ern end of the cul-de-sac: a. A 40 foot wide public easement for utility and traf- fic purposes shall be provided. b. A 24 foot wide asphalt surface shall be provided within this easement area as a temporary access to Bonita Road. c. Closure of this temporary access shall occur when construction of the spine road to either Hall Boule- vard or Bonita Road is completed; this closure will require removal of the 24 foot pavement section con- necting the cul-de-sac to Bonita Road and the "lift" of asphalt over the curb. The area between the cul-- de-sac and Bonita Road will be landscaped with sight- screening plant materials . The cost of closure (all improvements required above) will be born by the de- ( veloper and a bond filed with the City in an amount twice the estimated cost of carrying the above-stated changes. 9. Meandering sidewalk be permitted to take advantage of natu- ral vegetation subject to staff approval. f STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION SS °i November 15, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 27-77 Request: For a preliminary plan and program review of a two-phase residential/commercial planned development of a 12.14 acre parcel and a zone map amendment from R-10, "Single Family Resi- 1 dential" , to CP, "Commercial Professional" , zone on parcels totaling 3.56 acres Location: S .W. Gaarde and Pacific Highway (Wash. Co. Tax Map 2S1 3DD, Tax Lots 801, 900, 1100, 1400, 1500 and Tax Map 2S1 10A, Tax Lots 700 and 800) Applicant: Ted Millar (Stoneridge Development Company) I . Findings of Fact: 1. The applicant is requesting preliminary review of a resi- dential (duplex) -commercial planned development on a 12. 14 .. , acre parcel in accordance with Section 18.56 .020 of the Tigard Municipal Code. 2 . The site is presently zoned R-10 (Single Family Residen- tial) , A-2 (Multi-Family) , and C-3 (General Commercial) and designated Suburban Density, Multi-family density, Retail Commercial, and Commercial Professional on the Neighborhood Planning Organization 3 Plan. Applicable policies from the plan are as follows: Policy 7. Within the suburban density area, a limited number of duplexes may be permitted on lots that would serve as buffers between the single family uses and adjacent multi-family and/or commercial uses. Policy 8. The maximum overall urban medium density of development will be 12 dwelling units or 29 persons per gross acre. Policy 15. Apartments should be located to produce the least adverse effects upon single family areas . De- velopment criteria should include: ;l ¢ri r'1 i:,i STAFF REPORT AGENDA 5 .2 TIGARD PLANNING COMMISSION November 15, 1977 Page 2 a. Buffering by means of landscaping, fencing, and distance b. Compatibility of design recognizing the conflicts of mass and height between apartment buildings and houses. Policy 18. Pacific Highway is developing as a strip com- mercial highway. The traffic-carrying capacity of this highway should have the highest priority and adjacent commercial development should be subordi- nated to this need. Policy 19. In the interest of safety and efficiency, the number of highway access points must be kept to a minimum. Wherever possible, businesses on Pacific Highway should be clustered and share common parking facilities and driveways . As new development occurs, the number of access points should not exceed the number necessary for property on-site traffic cir- culation and, where possible, should be combined with access to adjacent businesses. Policy 20. Businesses on Pacific Highway should be ori- ented to the existing traffic and not draw additional traffic from the adjacent community. Any additional convenience or neighborhood centers should be cen- trally located to the market area they serve. 3. Section 18 .56 .010 states: The purpose of the planned development district is to provide opportunities to create more desirable environ- ments through the application of flexible and diversified land development standards under a comprehensive plan and program professionally prepared. The planned development district is intended to be used to encourage the applica- tion of new techniques and new technology to community de- velopment, which will result in superior living or devel- opment arrangements with lasting values, It is further intended to achieve economies in land development, main- tenance, street systems, and utility networks, while pro- viding building groupings for privacy, usable, and attrac- tive open spaces, safe circulation, and the general well- being of the inhabitants. ,. i STAFF REPORT AGENDA 5. 2 (. TIGARD PLANNING COMMISSION November 15, 1977 Page 3 4. "Section 18 .56 .020 provides for preliminary plan and pro- gram review by the Planning Commission and requires that such review be based upon the comprehensive plan, the ' standards of this title and other regulations, and the suitability of the proposed development in relation to the character of the area. " 5 . On July 19, 1977, the Tigard Planning Commission approved a preliminary plan and program review for multi--family/ commercial/commercial professional- planned development for this site with the following conditions: (1) A list of proposed uses within the designated com- I mercial areas be submitted as part of the general I plan and program. (2) The spine road be shown as a public street with a minimum surface pavement of 40 feet at Pacific High- way and the alignment be per State Highway Depart- z ment request. y (3) The car lot be included as part of the planned devel- opment. (4) A description of the proposed ownership pattern be included with the general plan and program. P (5) A traffic analysis be submitted with the general plan and program which addresses the traffic impacts 11 resulting from this project and in particular: a. The effect upon Pacific Highway prior to signali- zation. b. The effects upon the McDonald Street intersec- f l tion when. signalized. ,i c. The effects upon the McDonald-Gaarde intersec- tion signal system. 1' (6) That the applicant enlarge the amount of professional- t: i ) PP g P commercial development area to more closely conform P to the NPO 3 Plan map. (7) A drainage plan be submitted for approval (to pay t particular attention to the effect on adjacent sites) . r i d I STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION November 15, 1977 Page 4 II. Staff Observations: 1. The site is a gently sloping, relatively open field, with the exception of several single family homes and a dilap- idated, vacated motel which front along S.W. Pacific High- way and Gaarde Streets. The applicant is proposing to re- move these structures with the possible exception of one home being retained. To the north and south are single family homes; on the west is the Tigard First Baptist Church; and to the east and across Pacific Highway are commercial buildings. 2 . The applicant is proposing a two-phase planned develop- ment. Phase I is a 35 lot duplex development to be lo- cated in the north and western corner of the site (Tax Map 2S1 3DD, Tax Lots 801, western half 900, 1400, 1500 and Tax Map 2S1 10A, Tax Lot 1000) . Single family resi- dences will abut the duplex lots along the north property line of the site. A 13,500 square foot "public park" is to be provided between Lots 16 and 17. Lots 1 through 17 and 29 through 35 will vary in size between 8,000 and 10,000 square feet. The applicant is justifying this de- viation on the basis that lots of 8,000 square feet or more are allowed in A-2 and CP zones. A second deviation is being proposed from the local street standards of the code. Three street right-of-ways which will connect with the loop street that provides the pri- mary access to and from the site are designated as having 30 feet right-of-way (with a 25 foot paved surface and "roll-up curbs") . Parking would be prohibited on these streets. Phase II will include developing the remainder of the site (Tax Map 2S1 3DD, Tax Lots 800, 1100 , and the easterly half of 900; Tax Map 2S1 10A, Tax Lots 700, 800, 900) for commercial uses. This area will remain undeveloped until such time as potential users for these parcels has been established. 3. The NPO Plan states that "Pacific Highway has a singular purpose--to move traffic safely and efficiently through the community. Providing access to adjacent property must be subservient to this purpose. Access points should not exceed the number necessary for proper on-site traffic circulation and, where possible, should be com bined with access to adjacent businesses. " is STAFF REPORT Ai it AGENDA 5 . 2 TIGARD PLANNING COMMISSION November 15, 1977 Page 5 The traffic circulation pattern proposed is responsive to the circulation plan, as presented on the NPO 3 Plan map. The primary access for Phase I portion of the development will be located along S.W. 110th, which is currently sub- standard and lacking the necessary right-of-way. (Note: As a condition of Zone Change 26-77, the applicant, Stone- ridge Development Company, was required to dedicate 17 feet of right-of-way along S.W. 110th Street and construct a half street to local street standards (with. 24 foot wide surface pavement) as well as dedicate five feet of right-of-way along the Gaarde Street frontage and provide a half street improvement to S.W. Gaarde Street (with 17 foot surface pavement) . Access for Phase II will be lo- cated at the intersection of McDonald Street and Pacific Highway. At that point a private spine road will provide access to the northeast portion of the site. The intent of the spine road is to provide access to those _ parcels with frontage on Pacific Highway and restrict ac- cess from Pacific Highway to these sites as they are de- veloped. Implicit in this proposal is that a spine road would have to be provided before development could occur on those parcels fronting Pacific Highway. Provisions for a signalized traffic light for the inter- section of McDonald Street and Pacific Highway are cur- rently being negotiated between the City and the State Highway Department. The Oregon State Highway Division has requested that the applicant be required to submit a traffic analysis on the effect the Phase I development will have on the intersection of S.W. Gaarde and Pacific Highway. The Highway Department further recommends that, at such time as the applicant proposes to initiate Phase II, a traffic analysis be submitted which addresses the traffic impacts resulting from this project and in particular: a. The effect upon Pacific Highway prior to signaliza- tion. { b. The effects upon the "McDonald Street intersection when signalized. STAFF REPORT AGENDA 5.2 ' ,. TIGARD PLANNING COMMISSION November 15, 1977 Page 6 c. The effects upon the McDonald-Gaarde intersection sig- nal system. 4. The applicant has stated that a minor land partitioning would be required on Tax Lot 900, which would be carried out during final approval stages of this application. Staff finds that this will not be necessary in that, dur- ing the subdivision portion of this proposal, the neces- sary requirements for the division of all parcels within the planned development will be handled. 5. As a part of the preliminary plan and program review, the applicant is also requesting the rezoning of the western portion of Tax Lot 900 and the eastern portion of Tax Lot 1500. The western portion and eastern portion of these respective tax lots are designated on the NPO 3 Plan map as Commercial-Professional and currently zoned R-10, Sin- gle Family Residential. The applicant is proposing a zone map amendment from R-10 to C-P (Commercial-Profes- sional) for this area. Within this Commercial-Profes- sional designated area (3.56 acres) , the site plan indi- cates provision for 13 duplex lots and a 13,500 square foot "general playground area". The applicant has iden- tified four reasons why this area would be "better utili- lized" than the commercial-professional use as called for under the NPO 3 Plan: a. The site is a land locked portion of commercial pro- fessional use land, road access or utilization with a similarly designated portion of property which would ;a have access to streets would make this site develop- able. Neither situation exists. b. It would be too costly to make the proposal work economically if this area was required to develop as commercial-professional. Market studies indicate that an overabundance of office space is now in ex- istence. is c. Duplexes are an acceptable use (as a conditional use) in the CP zone. By combining this area with the ad- joining parcels in the planned development, an or- derly development of housing, streets p-4-1-ways, and Is play areas could be realized. 1'1 ),1 AYENDARP.TIT t' ( TIGARD PLANNING COMMISSION 4 i, November 15, 1977 Page 7 d. Tax Lot 900 and 1500 are centrally located within the i PD and are a key to the orderly development of the 1. adjacent properties, ;1 6 . Condition 7 of the Tigard Planning Commission preliminary plan and program approval of July 19, 1977 (which is ap- plicable to this proposal) , regarding the question of storm water drainage on this site and the effect stOrm r water outfall would have on adjacent properties, has been addressed in the applicants narrative program. 7. Sanitary sewer would have to be extended from an existing ten inch line approximately 400 feet west in Gaarde Street. The line in S.W. Gaarde is of adequate capacity to facilitate the proposed density. Water service is available from the Tigard Water District from either a. six inch line in S .W. Gaarde or a 12 inch line in Pacific Highway, both of which are adequate to serve the develop- , ment. ( III. Conclusionary Findings : 1. Staff finds the request to substantially conform to the t 0 NPO 3 Plan. The proposed duplex portion of the PD will result in a less dense and intense project than if con- structed according to the plan designations (i.e. , apart- ments, offices, and duplexes) . The placement of duplexes in the area planned for offices on the NPO 3 Plan does , not create a plan-zone conflict, as a point of law, be- cause duplexes are a less intense use than offices (Baker f, vs. Milwaukie criteria) . The placement of duplexes in the area planned for offices will provide for an integrated residential development. In fact, the decision to place offices in this central r4 1 location was made by the City Council after public hear- j ings on the NPO 3 Plan as an effort to strike a compro- mise between the various interests involved. The area ' planned for offices was intended to provide a "stepping down" of land use intensity from Pacific Highway to the r residential area to the west. The applicant's proposal . iS another means of accomplishing this land use transi- tion. [, t fir , v. 1 1, i!• STAFF REPORT AGENDA 5.2 ., „ TIGARD PLANNING COMMISSION November 15, 1977 Page 8 2 . Staff does not concur with the Oregon State Highway Divi- sion requirement that the applicant provide a traffic im- pact study for the intersection of Gaarde and Pacific Highway prior to approval of Phase I. Since the access to the site would be from 110th Street, which is a con- siderable distance from the Pacific Highway intersection, and that the nature of this development would be essen- tially no different than a residential subdivision any- where along Gaarde, a traffic analysis for Phase I would not be in order. However, Phase II, which will access directly to Pacific Highway, should be analyzed to miti- gate potential traffic impacts before commencement of construction. IV. Staff Recommendation: Staff recommends approval of the preliminary plan and program with the following conditions: 1. That the 13,500 square foot "public park" be retained in private ownership and maintenance responsibility be pre- scribed to the Homeowners Association. 2. Prior to the development of any part of Phase II, a devel- opment plan and a traffic analysis shall be submitted to the City. 3. The properties in Phase II shall be provided access by a private frontage road. 4 . That the streets between Lots 5 - 10, 11 '- 16, and 18 - 24 be private driveways and a deed covenant be at- tached to the lots gaining access from these private drives assigning maintenance responsibility. 5. That the "off street" parking arrangement as shown between , Lots 5 - 8 also be provided for Lots 11 through 16 and F 18 through 24. 6 . That access be restricted from S .W. Gaarde Street and a means of providing access to Lot 4 be shown on the general r plan and program. 1. STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION November 15, 1977 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 S .W. Walnut Street -- Tigard, Oregon Docket: Conditional Use CU 37-77 Request: For 12 duplexes in a R-7, Single Family Residential, zone (Stratford Subdivision) Location: North side of S.W. Durham Road west of Hall Boulevard (Wash. Co. Tax Map 2S1 11D, Tax Lot 1400) Applicant: David Farr I . Findings of Fact: 1. The site is designated "Urban Low Density Residential" on the Tigard Community Plan, 1971 and zoned R-7, Single Fam- ily Residential. 2. Section 18.20 .020 (1) of the Tigard Municipal Code permits "Duplex residential, with a minimum lot of 10,000 square feet: one duplex per lot; or two single family attached units with a minimum lot area of 5 ,000 square feet per unit. In the event it appears that it is not practical to divide a legal lot into two lots of 5,000 square feet each, the planning director may approve the division not- withstanding the fact that one lot is less than 5,000 square feet, provided, however, that no such lot shall be smaller than 4,250 square feet. 3. The applicable policy from the Tigard Housing text is the following: Policy 15: Provide greater diversity of housing density (e. g. , duplexes, four-plea, attached single family units, etc. ) . II . Staff Observations: 1. The site is a flat parcel surrounded by single family de- velopment to the west, vacant parcels to the north and east, and the Tigard High. School to the south and across Durham Road. 2 . The preliminary plan for a 71 lot subdivision (Stratford) was approved for this site on July 20, 1977 with the fol.- lowing applicable conditions: STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION November 15, 1977 Page 2 o Right-of-way necessary to provide 45 feet from center line of S.W. Durham Road be dedicated for street pur- poses. o A covenant be attached to the deed of any lots abutting Durham Road restricting direct access to Durham Road. o Joint access and curb cut agreements be filed for Lots 6 and 7, 15 and 16, 67 through 70 . o Deed covenants be attached to all lots sharing joint access for purposes of prescribing responsibility for maintenance of the access drives. o An earth berth be installed and landscaped along S.W. Durham Road. Landscape design to be submitted for de- sign review approval. o A six foot wide bike path be constructed along Durham Road. 3. The applicant is requesting a conditional use permit to locate 12 duplexes on 10,000 square foot lots adjacent Durham Road and along the southeastern property line of the subdivision. 4 . The location of duplexes along the south property line (Durham Road) would provide a buffer between the arterial street and the single family units in the northern portion of the development. ry Along the eastern property line duplexes would also pro- vide a transitional land use between the single family residences and the area designated as Community Shopping on the Tigard Communtiy Plan, 1971 and tentatively pro- ' posed as a civic center (or similar institutional use) site on the NPO 6 draft plan map. i=l The Plannin g Commission has previously approved at the request of another applicant the location of duplexes along the northern boundary line of the designated commu- I nity shopping area (1971 Plan) . 5 . The applicant has not included in his request that Lot 50 also be a duplex lot. It would appear appropriate that STAFF REPORT AGENDA 5.. 3 TIGARD PLANNING COMMISSION November 15, 1977 Page 3 this lot should also be a duplex lot as it shares the same locational circumstances as the lots being requested for duplex use to the south. III . Conclusionary Findings: 1. This request conforms to the density limitations of the R-7 zone (Single Family Residential) and Urban Low Density Residential designation of the Tigard Community Plan, 1971. In addition, NPO 6 has endorsed this location as suitable for duplex development. 2. The duplex lots will provide a buffer between single fam- ily homes and the property to the east at such time as i. it is developed either commercially or as some type of institutional or multi-family use and will also provide a buffer between the arterial street (Durham Road) and the single family homes within the subdivision. 3. There is an identified public need to provide a diversity �' of housing types within the community, according to poli- ' cies set out in the Housing Plan. 4. The location of a duplex on Lot 50 appears in order so that a continuation of the transitional use strip around the designated community shopping area (Tigard Community Plan, 1971) could be satisfied. IV. Staff Recommendation: , Staff recommends approval with. the following condition: s!, 1. Lot 50 be a duplex lot. .., i 4 1 , ',S J Ri f' STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION November 15, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 38-77 Request: To operate an electronics assembly company in a M-4, "Light Manufacturing" , zone on a 5.51 acre parcel (Security Storage) Location: 8900 S.W. Burnham Street (Wash. Co. Tax Map 2S1 2AD, Tax Lot 2200) Applicant: Theodore Hunt (MTI, Inc. ) I. Findings : 1. The site is zoned M-4 , Light Industrial, and designated on the NPO 1 Plan as Commercial-Industrial. 2. In order to implement the planning process more effectively and minimize the need to make application for conditional use permits for every business that elects to locate in the Security Storage building, the Planning Commission has established a list of criteria that must be met in order for a business to operate without a conditional use per- mit in this building: a. Less than three employees b. No on-site sales c. No manufacturing or assembly uses d. Low traffic generating e. One ten square foot wall mounted sign. 3 . The applicant by definition meets Criteria a, b, d, and e; but, due to the nature of his business, would not meet Criteria c. 4. The applicant's business is essentially the testing and assembly and packaging of electronic components. Staff has visited the site and observed that the proposed use is very low in intensity and generates no appreciable noise. There is essentially no outward manifestations of GF STAFF REPORT AGENDA 5 .4 . k_ TIGARD PLANNfiNG COMMISSION November 15, 1977 Page 2 a business being conducted on the premises, with the ex- ception of a delivery service which periodically picks up the product at the site. II. Staff Recommendation: Staf f recommends approval. r • • 1 MEMORANDUM • To: Planning Commission From: Planning Department Subject: City' s legal counsel position regarding the proposed con- ditions as recommended by staff for the proposed expansion of the Tigard High School (CU 31-77) Date: November 15, 1977 At the request of the Commission, staff has contacted the City's legal counsel (Joe Bailey) concerning the conditions staff had rec- ommended be included as part of the expansion proposal for the high school. Joe has informed staff that, based on the criteria as out- lined in the City's recently adopted ordinance (January 31, 1977, which delegates to the City Council, Planning Commission, and Design Review Board the power to require dedication of land and improve- ments for streets as conditions of approval of land development) , the proposed development does not fulfill the criteria for requir- ing the improvements to S .W . 92nd requested by the staff recommen- dation. Since the ordinance does specifically state that "any alteration of an existing structure adding 20 percent or more to the floor space of the structure" provides a basis for requiring dedication, staff would therefore recommend that if any additional expansion of the school district is intended now or in the future that each addition to the high school be added together, beginning with this project, with the intent that when the 20 percent figure is reached the needed improvements to 92nd can be required. As an additional note, y. the Planning Commission should request the school district to bud- get for the cost of this improvement when levies are presented to the voters. In this way, the provision of improvements to 92nd will be a budgeted item and will therefore not create the type of political turmoil which has occurred this time around. Pi ja