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Planning Commission Packet - 12/06/1977 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. g,. C AGENDA TIGARD PLANNING COMMISSION December 6, 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: 3 , Approval of Minutes: 4, 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 22-77 (Scheckla Estates) NPO 6 A request by Bill Godwin for general plan and program review of a proposed residential planned development for a 18.92 acre par- cel on S W. Sattler Road and Hall Boulevard (Wash. Co. Tax Map 2S1 11AD, Tax Lot 6400) 5 2 Zone Change ZC 34-77 (Caffall) (Tabled from PC 11-1-77) NPO 1 A request by R H. Caffall 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 . 59 acre parcel at the north side of 100th Street betW'een Ash and McDonald (Wash, Co, Tax Map 2S1 2CD, Tax Lot- 3100) 5.3 Conditional Use CU 40-77 (Selig/Henslee) NPO 7 A request by Selig/Henslee Architects and Planners for a condi- tional use in a single family zone for a proposed elementary school for a 10 35 acre parcel at S.W. Katherine Street west of 121st Avenue (Wash. Co . Tax Map 1S1 34C, Tax Lot 1204) AGENDA TIGARD PLANNING COMMISSION December 6 , 1977 Page Z .. 5.4 Conditional Use CU 39-77 (Getty Construction) NPO 5 A request by Richard Fimmal (Getty Construction Company) for a conditional use permit for seven duplexes in a "R-7, Sin- gle Family Residential" , zone on the south side of Bonita Road, east of S.W. Hall Boulevard (Wash. Co. Tax Map 2S1 12B, Tax Lot 1700 (east 1) 5.5 Variance V 11-77 (Hoskinson) NPO 7 A request by Paul Hoskinson for a variance to the city' s street standards (sidewalks, right-of- way) dewalks surface pavement, - ( , p vement, and right of way) in a "R-7, Single Family Residential" , zone at 11885 S.W. 113th (Wash. Co. Tax Map 1S1 34DC, Tax Lots 3500, 3600 P ► , 3601, 3602) 6 . Miscellaneous: 6. 1 Request by Roger Belanich for an interpretation of Condi- tions 9 and 15 as it pertains to Zone Change 3-77 (Mercury Development, Neighborhood Commercial Planned Development, at S.W. 121st and Scholls Ferry Road) 7. Other Business: 8. Adjournment. ll MINUTES TIGARD PLANNING COMMISSION ,December 6, 1977 - 7:30 p.m. �! Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon 1. Call to Order: ! The meeting was called to order at 7 : 30 p.m. 2. Roll Call: Present: Sakata, Goldbach, Corliss, Brian, Popp Excused Absence: Wood, Tepedino Staff: Laws, Chaidez ' 3. Approval of Minutes: The minutes of November 15, 1977 and November 29 , 1977 were ap- proved as presented. 4. Communications: None 41 5. Public Hearings: 1,. 5. 1 Zone Change ZC 22-77 (Scheckla Estates) A request by Bill Godwin for general plan and program re- a' view of a proposed residential planned development for a 18.92 acre parcel on S .W. Sattler Road and Hall Boulevard (Wash. Co. Tax Map 2S1 11AD, Tax Lot 6400) A. Staff Report: Read by Laws B. Applicant's Presentation: Richard Drinkwater, civil engineer and land surveyor retained by applicant, agreed with conditions set +'''' forth by staff. C. Public Testimony: None ,:a Ar rr "I Yx aot MINUTES TIGARD PLANNING COMMISSION December 6, 1977 Page 2 D. Staff Recommendation: Based on findings of fact and conclusionary findings, staff recommends approval with the following condi- tions: 1. That 15 feet of right-of-way be dedicated along the Hall Boulevard frontage for street improve- ment purposes. 2. That ten feet of right-of-way be dedicated along 1 S.W. Sattler for street improvement purposes. 3. That a covenant be attached to the deed of any lots abutting S.W. Sattler Street and Hall Boule- yard restricting direct access to Sattler Street and .Hall, Blvd. unless othevwis:e approved by the Tigard Planning Department. 4 . That the home on Tax Lot 6401 be allowed temporary access to Hall Boulevard until such time as the street which will provide access to this lot has been constructed. 5. A storm water system plan and a water retention plan conforming to Washington County standards be submitted to the Public Works Department prior to 1 final plat approval. 6. That a half street improvement to collector street standards be made on the S.W. Sattler f' Street frontage. No final plat will be recorded i) until construction drawings have been approved by i? the Public Works Department and the necessary bond filed. 7. That a ten foot easement to the public with a six foot wide asphalt walkway be provided adjacent the lot lines of Lots 19 and 20 for access to the "nature park" and the path continue through the park to connect with S.W. 89th Avenue. 8. Street intersections within the plat be aligned to intersect as close as possible at 90 degree Y angles. r�. C', P MINUTES . TIGARD PLANNING COMMISSION December 6 , 1977 11 Page 3 e 9 . Dedicate to the city the 61,000 square foot nature park located in the northwest corner of the parcel. j` I' 10 . That the paths as shown on the general plan be de- leted between Lots 7, 8, 13 and 36 and 37. 1 y! 11. A design plan for utilizing on-site trees in the incorporation of playground equipment for the park area be submitted to design review. t 12. That the design of the landscape island in the ,, it southwest corner of the parcel be handled during the platting stage of the development. 13. A design plan be submitted for design review ap- proval which shows the exact location of the pe- destrian path in the park area, the dimensions of the path, and materials to be incorporated in the construction of the path, to include provisions s for traversing the drainage swale within the park area. ti o Drinkwater stated the applicant was in agreement [:= ,_ with these conditions. I E. Commission Discussion: o Corliss wanted clarification of pathway and believed development was well presented. ■ o Sakata worried about other lots in the area. rl ti o Brian questioned standards for recreational space, who in fact would maintain natural park area, and '1 what warrants being a city park. o Laws responded with recreational space standards 4, and stated that the city would maintain park area o Goldbach expressed concern over condition of the !, park area year round in regards to water. !' ' o Drinkwater stated all parts were accessible after a rainfall. ,, o Popp commended the staff and applicants on the out- come of the subdivision. Mj „, 0 It r t S MINUTES F. TIGARD PLANNING COMMISSION December 6, 1977 ri Page 4 Goldbach moved for approval and Brian seconded based on staff recommendations. The motion was approved by unanimous voice vote. 5.2 Zone Change ZC 34-77 (Caffall) (Tabled from Planning Com- mission meeting November 1, 1977) ri A request by R. H. Caffall for a zone map amendment to change the zoning designation from Washington County Zon- ing RU-4 to City of Tigard Zoning "R-7" , Single Family Re- sidential, for a 1.59 acre parcel at the north side of 100th Street between Ash and McDonald (Wash. Co. Tax Map 2S1 2CD, Tax Lot 3100) A. Staff Report: Read by Laws B. Applicant's s Fr Presentation: Bill McMonagle, of S.W. Commercial Street, stated they had no objections to a zoning change. C. Public Testimony: None D. Staff Recommendation: Based on the findings of fact and conclusionary find- ings, staff recommends approval subject to the follow- ing conditions: 1. Ten feet be dedicated along the McDonald Street frontage and five feet be dedicated along the Ash Street frontage. 2. File with the City Recorder an agreement not to re- monstrate against a Local Improvement District for street improvements to S.W. McDonald, S.W. 100th, and S.W. Ash Streets. E. Commission Discussion: Sakata moved and Goldbach seconded for approval based on staff recommendations. The motion was approved by unanimous voice vote, MINUTES TIGARD PLANNING COMMISSION December 6 , 1977 Page 6 and that this area and the six foot wide park strip be subject to design review. 3. That the extension of S.W. Katherine Street from its present terminus to S.W. 121st be constructed to city local street standards and street trees be provided per design review. No building permits will be issued until the necessary bond has been filed and construction drawings have been approved by the public works department. E. Commission Discussion: o Sakata stated, as an employee of the applicant, she wouldn't vote; but, if she abstained, there would not be a quorum. o Popp questioned the school district boundaries of Beaverton and whether or not changing of boundaries had been discussed with Beaverton, as Beaverton district is adjacent to the property. o Fennell stated they had discussed changes, and it was not feasible. o Goldbach questioned whether this area was covered by the Comprehensive Plan. o Laws responded the 1971 Plan applied and also peo- ple in NPO 7 were in agreement with the proposed alignment with Katherine Street. o Mrs. Risner, 12345 S.W. Katherine, expressed con- cern over playground and ball field location and agreed on their proposed location. Brian moved and Sakata seconded approval of the use based on staff findings and recommendations. The motion was approved by unanimous voice vote. 5.4 Conditional Use CU 39-77 (Getty Construction) A request by Richard Fimmal (Getty Construction Company) for a conditional use permit for seven duplexes in a "R-7, z` MINUTES TIGARD PLANNING COMMISSION ,,- December 6 , 1977 Page 5 5.3 Conditional Use CU 40-77 (Selig/Henslee) A request by Selig/Henslee Architects and Planners for a conditional use in a single family zone for a proposed ele- mentary school for a 10.35 acre parcel at S.W. Katherine Street west of 121st Avenue (Wash. Co, Tax Map 151. 34C, 1, Tax Lot 1204) {' A. Staff Report: 1, Read by Laws B. Applicant's Presentation: Deb Fennell, Tigard School Board, agreed with the rec- ommendation and asked approval of proposal as presented. C. Public Testimony: None D. Staff Recommendation: Based on findings of fact a nd con clu siona r y findings, staff recommends approval of the proposed elementary school with the following conditions: 1. That the school building, parking area, and play fields be subject to design review and a method of providing site screening be provided on the sub- mitted landscape plan for all property lines. 2. That the approximately 100 foot long public right- of-way between the southern property line of the school site and the intersection of S.W. Katherine Street be constructed to the following street standards: a. 25 feet of pavement surface b. Five foot sidewalk on the west side of the street with a six foot wide park strip adjacent the curb c. 12 .5 foot right-of-way remaining on the east side of the street be landscaped and maintained I. MINUTES TIGARD PLANNING COMMISSION December 6, 1977 Page 7 Single Family Residential" , zone on the south side of Bo- nita Road, east of S.W. Hall Boulevard (Wash. Co. Tax Map 251 12B, Tax Lot 1700 (east 2) A. Staff Report: Read by Laws B. Applicant's Presentation: Roy Getty, Getty Construction, stated he was in agree- ment with staff findings and that the duplexes would be owner/rental units, which would mean no absentee ownership. C. Public Testimony: None 4_ D. Staff Recommendation: o Laws first stated that the subdivision and design review process would be necessary before actual building begins. Staff recommends approval of the seven duplexes as proposed with the following conditions: 1. 20 feet of right-of-way be dedicated along the S.W. t; Bonita Road frontage. 2 . A half street improvement to NPO 5 collector street standards (40 foot pavement surface, five foot ' sidewalks) be provided on S .W. Bonita Road. No building permits will be issued until construction drawings have been approved by the public works de- partment and the necessary bond filed. E. Commission Discussion: o Sakata stated that she hadn't seen proposed lotting pattern, therefore was concerned with placement of duplexes within subdivision; and Laws proceeded with a description of proposal, stating adjacent property was zoned C-5 one side, and apartments are already standing on another. MINUTES TIGARD PLANNING COMMISSION a December 6, 1977. Page 8 o Getty stated they didn't plan to subdivide the lots into 5,000 square foot lots, as allowed under the conditional use process, and reiterated his desire to build a "nice" duplex unit with owners living in them. o Goldbach stated that not only staff conducted de- sign review, but an appeal to the Design Review Board would also review the proposal. o Corliss agreed with the introduction of duplexes as an approriate use in the neighborhood. o Brian questioned parking. o Laws stated it would be answered during subdivision and design review. Goldbach moved and Brian seconded for approval based on staff findings. Motion was approved unanimously. i 5.5 Variance V 11-77 (Hoskinson) A request by Paul Hoskinson for a variance to the city's street standards (sidewalks, surface pavement, and right- of-way) in a "R-7, Single Family Residential" , zone at 11885 S.W. 113th (Wash. Co. Tax Map 1S1 34DC, Tax Lots 3500, 3600, 3601 , 3602) A. Staff Report: Read by Laws B. Applicant's Presentation: Paul Hoskinson concurred with staff findings. C. Public Testimony: a. Proponent's None MINUTES TIGARD PLANNING COMMISSION December 6, 1977 Page 9 b. Opponent's o Dale. Ott, S.W. 116th, owner of Lot 3601, which appears on the map as included in the subject site, questioned why his property appears. o Laws clarified with an explanation of MLP 's and recent plot sales not appearing on our records; it is a mistake and should be struck from the application. i o Sakata hoped this would not create a land-lock. o Ott stated his land was in the flood plain and s serves no use other than an extension of his property. o Popp questioned the validity of the map pre- sented. o Hoskinson stated that his concern was to save as many on-site trees as i' Y possible, and, with. �; the proposed road specifications and setback, the houses would be set high, out of the flood plain. k D. Staff Recommendation g, a. Staff Staff recommends approval of the variances as requested , to the local street standards of the Subdivision Code with the following condition: i'' 1 1. That a 25 foot right-of-way be provided for the =1 extension of S .W. 113th Place with the following dimensions: o 24 foot wide road surface with rolled curbs ,i o A ten foot wide parking strip on a public ease- ment be provided adjacent the road surface. b. Cross-Examination ,i o Jo Wilson, S.W. 116th, questioned whether the H water run-off problem had been considered '' enough. ' f: r fir, 4 MINUTES i TIGARD PLANNING COMMISSION December 6, 1977 I, Page 10 Si C is o Popp explained the constant problem of water in the area and that the 100 year flood plain was r changing; he also stated the Army Corps of En- gineer was updating and surveying the entire 1. Water problem in Tigard in spring of 1978, that he was very aware of the problem but also wants , to cooperate and assist someone wanting to de- velop. o Goldbach felt this development would be a small first step towards substantial development in this area and questioned the completeness of ■ the Army Corps study's feeling that a certified hydrological study to show the impact on the flood plain to surrounding homeowners was needed. o Hoskinson stated the firm of Harris and McMon- agle had staked the flood plain and shown the drawing to be accurate. , o Ott questioned whether any fill would be needed. o Hoskinson stated the homes would be built out of ', the flood plain. r o Laws stated the development would be subject to ' subdivision standards and review. )_: o Goldbach felt the Army Corps of Engineers weren't { necessarily reliable in their findings. '; o Laws stated they were professionals and accepted w as valid their findings and that revised, up- . dated data was forthcoming from the Corps. 3: 1,, E. Commission Discussion; o Popp reminded commissioners to speak to the variance ,; presented tonight. o Brian stated the applicant must show extraordinary ,{; hardship and had failed to do so. !' o Corliss felt the hardship problem and water problem could not be separated. ;, , 14, MINUTES TIGARD PLANNING COMMISSION December 6 , 1977 Page 11 o Popp stated the 165 foot flood plain must stand un- til disproved. o Goldbach continued to question the validity of the Corps study and felt the variance was for the ap- plicant's convenience, as no hardship existed. o Laws recalled previous interpretations of the hard- ship law by the Planning Commission had been based on intent rather than literal word interpretation and continued to state that in the future any other road from 113th would necessitate a similar type of specifications and that this proposed road would provide continuation for emergency vehicles as well as other vehicular traffic; the hardship applies to existing physical conditions and should be applica- ble here. o Brian felt a sidewalk should be required. Sakata moved to deny the variance based on her inter- pretation that the applicant failed to demonstrate hardship in accordance with Section 17.48 .020 of the Tigard Municipal Code and Goldbach seconded. o Laws clarified that rolled curbs would be included. Motion was approved in a three to two vote: Popp and Corliss, no; Goldbach, Sakata, Brian, yes. 6 . Miscellaneous: 6.1 Request by Roger Belanich for an interpretation of Condi- tions 9 and 15 as it pertains to Zone Change 3-77 (Mercury Development, Neighborhood Commercial Planned Development, at S .W. 121st and Scholls Ferry Road) A. Staff Report: o Laws referred to a letter from Mr. Belanich stating the problem from the previous zone change granted for his site, S.W. 121st and Scholls Ferry Road. Condition 9 then stated S.W. 122nd was to be vacated before any building permits would be issued; Condi- tion 15 stated that a 5,000 square foot building could be constructed before a traffic signal was MINUTES TIGARD PLANNING COMMISSION December 6, 1977 Page 12 installed; however, any additional construction would require a traffic signal. The problem is the refusal of Mr. and Mrs. Joseph Meats to vacate S.W. 122nd at this time. Exclusion of the street vacation would not conflict with the Planning Commission 's intent in granting the zone change, and Mr. Belanich requests permis- sion to build prior to vacation of the street and offered to submit a covenant with an agreement to vacate. B. Applicant's Presentation : Mr. Belanich stated there was no inconsistency with the previous findings by the staff and commission to grant this modification for the street vacation and that the covenant had already been submitted. o Mr. Meats stated he foresaw no problem in Mr. Belan-- i.ch signing the covenant because he was negotiating with only Mercury Development for the vacation of the westerly portion of 122nd. o Laws stated the building would not overly impact the area but that Mr. Meats and Mercury Development Com- pany need to agree before additional development q takes place and that a request est to amend the PD would have to be applied for to reconsider the appropriate- ness of not vacating 122nd if Mr. Meats continued to maintain his position. o Popp agrees that the imposed conditions Were ones over which. Mr. Belanich had no control and suggested to proceed with a covenant until such time as Mer- cury Development Company chooses to buy. C. Staff Recommendation: That the applicant (Mr. Belanich) file with the City Recorder a consent agreement to vacate S.W. 122nd. The filing of this document will permit the applicant to construct a 5,000 square foot building at the inter- section of S.W. 121st and Scholls Ferry Road. IL MINUTES TIGARD PLANNING COMMISSION i- December 6, 1977 1,- Page 13 D. Commission Discussion: Popp moved and Goldbach seconded or approval. The motion was approved by unanimous voice vote. .'111 7. Other Business: o Popp read the minutes from the meeting of the interview board to fill the two vacancies and voiced his disagreement with the appointment of a City employee to the Planning COM- '• mission. o Sakata was also very concerned about the selection process and felt the Planning Commission should have an input into $ 1 the selection; she was also disappointed with the appoint- ments. o Laws reminded the Commission that the meeting of December 20, 1977 was cancelled and that the next regularly scheduled 1 t' • meeting would be January 3, 1978. [ o Staff also informed the Commission that appeals by Mr. Dave Farr (Conditional Use 37-77) and the Tigard School District c (Conditional Use 32-77) were to be heard at the City Council hearing of December 19, 1977. , 8. Adjournment: 1 1.$.1 1 There being no other business, the meeting was adjourned at r 10:00 p.m. C . ,.,. , 1 r, .,. .,...i , , i. , I 1., , ; " t,1 11 l''', NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION December ..6, 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 22-77 (Scheckla Estates) NPO 6 A request by Bill Godwin for general plan and program review of a proposed residential planned development for a 18.92 acre parcel on S.W. Sattler Road and Hall Blvd. (Wash. Co. Tax Map 2S1 11AD, Tax Lot 6400). 5.2 ZONE CHANGE ZC 34-77 (Caffall) NPO 1 A request by R. H. Caffall for a zone mgp amendment to change the zoning designation from Washington, County Zoning RU-4 to City of Tigard zoning "R-7" Single Family Residential, for a 1.59 acre parcel at the north side of 100th Street between Ash & McDonald (Wash. Co. Tax Map 2S1 2CD, Tax Lot 3100). 5.3 CONDITIONAL USE CU 40-77 (Selig/Henslee) NPO 7 A request by Selig/Henslee Architects & Planners for a conditional use on a single family zone for a proposed elementary school for a 10.35 acre parcel at SW Katherine Street west of 121st Avenue (Wash. Co. Tax Map 1S1 34C, Tax Lot 1204). 5.4 CONDITIONAL USE CU 39-77 (Getty Construction) NPO 5 A request by Richard Fimmal (Getty Construction Co. ) for a conditional use permit for 7 duplexes in a "R-7, Single Family Residential zone" on the South side of Bonita Road, east of SW Hall Blvd (Wash. Co. Tax Map 2S1 12B, Tax Lot 1700 (east 1/2)). 5.5 VARIANCE V 11-77 (Hoskinson) NPO 7 A request by Paul Hoskinson for a variance to the City's street standards (sidewalks, surface. and right-of-way) in a R-7 Single Family Residential zone at 11885 SW 113th (Wash. Co. Tax Map LS1 34DC, Tax Lots 3500, 3600, 3601, 3602). All persons having an interest in the hearing matter are invited to appear and submit oral and written testimony or submit written testimony in 1 advance of the meeting. (Publish TT November 23, 1977) �1 STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION December 6, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 22-77 Request: For general plan and program review of a proposed residen- tial planned development for an 18.92 acre parcel Location: S.W. Sattler Street and Hall Boulevard (Wash. Co. Tax Map 2S1 11AD, Tax Lots 6400 and 6401) Applicant: Bill Godwin, Bob Westlund, Fred Wordin, and Francis Scheckla I. Findings of Fact: 1. The applicants are requesting general plan and program re- view in accordance with Section 18 .56.030 of the Tigard Municipal Code for, an 18.92 acre (68 lot) residential planned development at S.W. Sattler Street and Hall Boule- vard. gr- 2. The site is designated "Urban Low Density Residential" on both the Tigard Community Plan, 1971, and NPO 6 Draft Plan. 3. Applicable policies from the Community Plan, 1971, are the following: o 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 development patterns or the desire of individuals to own a larger lot. o Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellings. £ Planned unit development will permit a degree of flexi- bility in design that will enable a higher quality of development in accordance with zoning standards. 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 1 STAFF REPORT AGENDA 5. 1 { TIGARD PLANNING COMMISSION December 6, 1977 Page 2 environments through the application of flexible and diversified land development standards under a compre- hensive plan and program professionally prepared. The planned development district is intended to be used to encourage the application of new techniques and new technology to community development which will result in superior living or development arrangements with lasting values. It is further intended to achieve economies in land development, maintenance, street sys- tems, and utility networks while providing building groupings for privacy, usable and attractive open spaces, safe circulation, and the general well-being of the inhabitants. 5. On August 2, 1977, the Tigard Planning Commission approved the preliminary plan and program review for this proposed development subject to the following conditions: (1) That the applicant revise his planned development to include the 200 by 540 foot wide parcel located in the southeast corner of the lot and that a proposed lotting pattern for this area, as well as a street system designed to provide access to those lots, be submitted as part of the general plan and program. (2) That the applicant obtain from the owner of the 200 by 540 foot wide parcel a written consent for having this area be included in the final plat. (3) That cross sectional diagrams showing the proposed standards for the street system be submitted with the general plan and program. (4) That a survey showing the location of the major trees on the site be submitted with the general plan and program. (5) That the lotting pattern be revised to meet a minimum lot width of 50 feet at the property line and no more than 61 units be allowed (exclusive of illegally par- titioned area) and that the loop street have a mini- mum paving width of 28 feet. (6) That ten feet of right-of-way be dedicated along S.W. Hall Boulevard for street improvement purposes -(un- less the NPO 5 Plan becomes official prior to adop- tion of this zone change) . STAFF REPORT AGENDA 5 . 1 TIGARD PLANNING COMMISSION December 6 , 1977 Page 3 (7) That ten feet of right-of-way be dedicated along S.W. Sattler for street improvement purposes. (8) That a covenant be attached to the deed of any lots abutting S.W. Sattler Street restricting direct ac- cess to Sattler Street unless otherwise approved by the Tigard Planning Department. (9) A storm water system plan and a water retention plan be submitted to the Public Works Department prior to submission for general plan and program review. (10) That a half street improvement to collector street standards be made on the S.W. Sattler Street frontage. No final plat will be recorded until construction drawings have been approved by the Public Works De- partment and the necessary bond filed. (11) That a ten foot easement to the public with a six foot wide gravel walkway be provided adjacent the lot lines of Lots 40 and 41 for access to the "nature { park" and the path continue through the park to con- nect with S.W. 89th Avenue. (12) Street intersections within the plat be aligned to intersect as close as possible at 90 degree angles. (13) Dedicate to the city the 61,000 square foot nature park located in the northwest corner of the parcel. (14) That the minimum lot size be 6,000 square feet. (15) That an active play area with suitable play equipment be incorporated in the planned development. II. Staff Observations: 1. Mr. Bruce Burgey, the original applicant, had his option expire to develop this property; and Messrs. Godwin, West- lund, and Wordin have since purchased the property and are proposing to develop this parcel jointly with Mr. Francis Scheckla, owner of the 200 by 540 foot parcel in the south- east corner of the development (Hall and Sattler) . ` 1 STAFF REPORT AGENDA 5 . 1 TIGARD PLANNING COMMISSION December 6, 1977 Page 4 2. The applicants have essentially incorporated into their general plan and program the conditions of preliminary plan approval with the following exceptions: Condition 9 The applicants feel that it would be more appropriate to submit a design for a storm water system with the final construction plans, so that street grades and design cri- teria for the project can be established and a storm water system designed accordingly. Condition 15 The applicants feel that, since an active play area with play equipment will be provided in the "park area" and that there has been an overall increase in the size of the individual *lots from the previously submitted preliminary plan, the provision of an additional active play area in the development would not be necessary. 3. The average size of Lots 1 through 60 on Tax Lot 6400 will be 7, 775 square feet, with the smallest lot being 6,300 9_ square feet. Lots 61 through 68 's average size is approxi- mately 9, 750 square feet. The smallest of these lots would be 8,000 square feet. 4. The applicants ' resubmitted site plan has made provisions for a ten foot wide path between Lots 7, 8, 13 and Lots 36 and 37, which had not been shown on the preliminary plan. 5 . Proposed deviations from the city's local street standards are being requested by the applicants in the northwestern corner of the site. In order that they may have the "lee- way in design" , the applicants are proposing to decrease 1� the required 34 feet of pavement to 28 feet within a 50 foot right-of-way and meander the paved surface to avoid the loss of large trees within this area. The applicants are also Pp proposing to construct a half street improvement (25 foot right-of-way, 24 foot pavement, five foot sidewalks to be provided on an easement) and cul-de-sac for Lots 13 through 16 . Negotiations are cur- ;I rently being undertaken between the applicants and the ad- I jacent property owner to the east (Tax Lot 6300) to parti- 1 cipate in the development of a full street and cul-de-sac for this area. STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION December. 6, 1977 Page 5 6 . Access for the home on Lot 63 is currently being provided from Hall Boulevard. The applicants are proposing to re- strict access from this lot and Lots 62 through 67 to Hall Boulevard and provide access to the rear of these on stan- dard local street. Temporary access for the home on Tax Lot 6401 (Lot 63) will continue from Hall Boulevard until such time as a street is constructed to the rear of this lot. 7. Several large trees will have to be removed on the site to facilitate the development of the streets. This fallen timber could be incorporated within the design of the "park area" by utilizing these trees as playground equipment in the form of a large climbing apparatus. III. Conclusionary Findings: 1. The applicants have adhered to the required conditions of the preliminary plan and program and have supplied suppor- tive information to justify any alterations or deletions in those conditions imposed by the Planning Commission. 2. The provision for paths between Lots 7, 8 , 13 and 36 and does not appear necessary because the provisions of sidewalks within the development will sufficiently facili- tate the movement of pedestrians. 3. The request conforms to the density requirements of the underlying zone of R-7 (four units to the acre) . 4. The proposed deviations from the local street standards appear to be justified in order to preserve trees and com- pliment the topography on the site. 5. The provision of the "park area" and the enlargement of the lot sizes from the previously submitted preliminary plan will provide the necessary open space and recreational area which is in keeping with the purpose of the planned development. IV. Staff Recommendation: Based on findings, of fact and conclusionary findings, staff recommends approval with the following conditions: STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION December 6, 1977 Page 6 1. That 15 feet of right-of-way be dedicated along the Hall Boulevard frontage for street improvement purposes. 2 . That ten feet of right-of-way be dedicated along S.W. Sat- tler for street improvement purposes. 3. That a covenant be attached to the deed of any lots abut- ting S.W. Sattler Street and Hall Boulevard restricting direct access to Sattler Street and Hall E.oulevard unless. otherwise approved by the Ti,gard'Planning Department. 4 . That the home on Tax Lot 6401 be allowed temporary access to Hall Boulevard until such time as the street which will provide access to this lot has been constructed. 5 . A storm water system plan and a water retention plan con- forming to Washington County standards be submitted to the Public Works Department prior to final plat approval. 6. That a half street improvement to collector street stan- dards be made on the S.W. Sattler Street frontage. No fi- QL plat will be recorded until construction drawings have been approved by the Public Works Department and the nec- essary bond filed. 7. That a ten foot easement to the public with a six foot wide asphalt walkway be provided adjacent the lot lines of Lots 19 and 20, for access to the "nature park" and the path continue through the park to connect with S.W. 89th Avenue. 8. Street intersections within the plat be aligned to inter- sect as close as possible at 90 degree angles. 9. Dedicate to the city the 61,000 square foot nature park located in the northwest corner of the parcel. 10. That the paths as shown on the general plan be deleted be tween Lots 7, 8, 13 and 36 and 37. 11. A design plan for utilizing on-site trees in the incorpora- tion of playground equipment for the park area be submit- ted to design review. IL STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION *, , December 6, 1977 Page 7 12. That the design of the landscape island in the southwest corner of the parcel be handled during the platting stage of the development. 13. A design plan be submitted for design review approval which shows the exact location of the pedestrian path in the park area, the dimensions of the path, and materials to be incorporated in the construction of the path, to in- clude provisions for traversing the drainage swale within the park area. ''J • STAFF REPORT AGENDA 5 .2 �''" TIGARD PLANNING COMMISSION L eOember 6-, 1977 7: 30 p.m. . Fowler Junior High School - Lecture Room 10865 S.W. WalnUt 'Ste - Tigard, Oregon Docket : Zone Change ZC 34-77 • Request: For a zone map amendment to change the zoning designation from Washington County RU-4 to City of Tigard "R-7, Single ' -' Family Residential zone for a 1.59 acre parcel Location : North side of 100th Street between Ash and McDonald. (Wash. Co. Tax Map 2S1 2CD, Tax Lot 3100) Applicant : Richard Caffal]. I . Findings of Fact : 1. The applicant is requesting the application of the City of Tigard zoning ordinance to a recently annexed, August 24, 1977, 1. 59 acre parcel , designated "Urban Low Density Resi- dential" on the NPO #1 Plan . 2. City of Tigard Ordinance 77-85 (September 26, 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 NCO #1 Plan 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 feet land per dwelling unit, allowing for streets and other square jeG� of �u.r.u. per y s allowing open space. Some areas will have a lower density owing to topography,, existing development patterns or the desire of individuals to own a r.) larger lot. II . Staff Observations: 1. The site is a vacant , gently sloping (south to north) par- cel. Surrounding land uses are single family residential to the south, east , and west ; to the north is the Berea sub- division (presently under construction). l> t.g 2 . Water service is available to the site via an eight inch line in McDonald, a six inch line in 100th , and a 12. inch line in Ash. Sanitary sewer service is currently not • • • STAFF REPORT AV AGENDA 5.2 TIGARD PLANNING COMMISSION ••Devemmber.,'•6:, 1977 •Page 2 available to the site, and a line would have to be extended from the north. • 3 . S .W. 100th and S.W. Ash Streets are designated on the NPO #1 Plan as local streets and requiring 50 feet of right-of-way. S .W. Ash Street currently lacks the necessary right-of-way; therefore, an additional five feet of dedication would be • required. S .W. McDonald is designated a collector street, requiring 60 feet of right-of-way. S.W. McDonald is cur- rently on a 40 foot right-of--way. An additloal ten foot dedication would be required. Presently all three streets are substandard, lacking curb, sidewalks, and lighting. III . 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 of land use regulations and assure consistency throughout the city . It 2. The proposed R-7 zoning district is compatible with the sur- rounding zoning and conforms to the "Urban Low Density Resi- dential" policies of the NPO :#1 Plan. in'.that • : it limits the maximum overall density to four dwelling units/ acre and, with the attachment of appropriate conditions, the adequate provision of public services to serve .the proposed development can be assured. 3. The extension of a sanitary sewer line to the site would be necessary before this parcel could develop. 0: IV'. Staff Recommendation: Based on the Findings of Fact and Conclusionary Findings, staff F •recommends approval subject to the following conditions: • 1. Ten feet be dedicated along the McDonald Street frontage and five feet be dedicated along the Ash Street frontage. 2. File with the City Recorder an agreement not to remonstrate against a Local Improvement District for street improve- ments to S .W. McDonald, S.W. 100th, and S .W. Ash Streets . STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION December 6, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 40-77 Request: For an elementary school in a R-7 zone on a 10 . 35 acre par- cel Location: S.W. Katherine west of 121st Street (Wash. Co. Tax Map 151 34C, Tax Lot 1204) Applicant: Selig/Henslee Architects and Planners (Tigard School Dis- trict 23J) I . Findings of Fact: 1. The site is designated Urban Low Density Residential both on the Tigard Community Plan, 1971 and the NPO 7 Draft Plan and zoned R-7, Single Family Residential. 2 . Section 18 .20 .020 of the Tigard Municipal Code allows schools (elementary) and their accessory uses as condi- tional uses in the R-7 zone. II . Staff Observations and Findings: 11� 1. The site is a relatively flat, vacant parcel surrounded by single family development to the south, undeveloped parcels to the north and east, and to the west the proposed Summer Lake Planned Development. 2 . The applicant is proposing to construct an approximately 24, 500 square foot building, which is planned as Phase I of a multi-phased development on a 10. 35 acre parcel. Total development is projected to be approximately 54,800 square feet of floor area, which will represent the addition of another eight to ten classrooms and total enrollment of 500 students. 3. Phase I is to be located in the southeastern portion of the site and will consist of the construction of eight to ten classrooms, with an enrollment estimated between 200 to 250 students, with a staff of six teachers, and supported staff of four to six persons. The construction of a parking lot to accommodate 46 parking spaces will also be included ?' within Phase I . STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION December 6, 1977 Page 2 Section 18. 60.120 (minimum space requirements for off- street parking) of the Tigard Municipal Code requires: ten spaces plus one space per classroom or one space per four seats or eight feet of bench length in the auditorium, whichever is greater. The parking area as illustrated on the site plan will be sufficient to meet the requirements of the code at full de- velopment. 4 . A baseball diamond and ball field are proposed in the south- east corner of the parcel. No indication as to when this field is to be constructed and if there are to be lights provided for the field has been given in the applicant's narrative statement. 5. Access to the site will be from Katherine Street, which is improved to the eastern boundary of the Brookway Subdivi- sion. The School District is proposing to extend Kather- ine 800 feet eastward to connect with 121st. This will pro- vide direct access from 121st, a collector street, to the school site and avoid running school buses through the Brookway Subdivision. The site is connected with Katherine Street, to the south, by a 100 foot long dedicated street right-of-way (50 feet . wide) . The development plan proposes improving this right- of-way to less than city street standards. The applicant has stated that the tapering of the pavement surface will discourage extra-curricular traffic use of the school site after normal hours of operation and will still provide the necessary area to accommodate school buses accessing the site. 6. Sanitary sewer is y er w available to the site via a 12 inch line located adjacent the southeast corner of the parcel. Water is available throught the Tigard District via a six inch line in S.W. Katherine at 124th and an eight inch line in S.W. 121st. 7. A very small portion (4,500 square feet) of the 100 year flood plain of Summer Creek is located in the uppermost, northeast corner of the parcel. This area drops off quite sharply, and no present or future development is proposed in this area. STAFF REPORT AGENDA 5 . 3 TIGARD PLANNING COMMISSION , December 6, 1977 Page 3 III . Conclusionary Findings: 1. The applicant's proposal to deviate from the street stand- ares (reduction of surface pavement width) for that portion of right-of-way between S.W. Katherine and the school prop- erty would not appear to adversely impede the safe and ef- ficient flow of traffic in that this portion of the street essentially represents an extension of the access driveway from the site to where it intersects with S.W. Katherine Street. However, the retention of a sidewalk on the west side of the street would appear imperative to protect both the health and welfare of the students using the school fa- cilities as well, as to provide for a continuation of pedes- trian access to the school site from the neighborhood. 2 . The location of the school buildings, proposed ball field, and playground areas adjacent existing single family devel- opment to the south and proposed development to the north and west necessitates that an effective buffer be provided between these properties and the school . This could be ac- complished by means of site-obscuring landscape materials (e.g., earth berms, hedges, trees, fencing, etc. ) . IV. Staff Recommendation: Based on findings of fact and conclusionary findings, staff recommends approval of the proposed elementary school with the following conditions: 1. That the school building, parking area, and play fields be subject to design review and a method of providing site screening be provided on the submitted landscape plan for q, all property lines. 2. That the approximately 100 foot long public right-of-way be- tween the southern property line of the school site and the intersection of S.W. Katherine Street be constructed to the ;! followin g street standards : a. 25 feet of pavement surface b. Five foot sidewalk on the west side of the street with 1 a six foot wide park strip adjacent the curb c. 12.5 foot right-of-way remaining on the east side of the street be landscaped and maintained and that this a' er i STAFF REPORT '� AGENDA 5 . 3 i'`', TIGARD PLANNING COMMISSION , December 6, 1977 Page 4 area and the six foot wide park strip be subject to de- sign review. i 3. That the extension of S.W. Katherine Street from its pres- ent terminus to S.W. 121st be constructed to city local i' street standards and street trees be provided per design review. No building permits will be issued until the neces- sary bond has been filed and construction drawings have been approved by the public works department. ir i 1 �a� 1 II 'I + 1 gm • STAFF REPORT AGENDA 5.4 F' TIGARD PLANNING COMMISSION December 6, 1977 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 39-77 Request: For seven duplexes in a R-7, "Single Family Residential" , zone on a two acre parcel Location: S.W. Bonita Road, east of Hall Boulevard (Wash. Co. Tax Map 2S1 12B, Tax Lot 1700 (east 2) Applicant: Getty Construction I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" on the NPO 5 Plan and zoned R-7, Single Family 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 relatively flat, vacant parcel surrounded by apartments on the north; residences to the east; pasture to the south; and a home on the western portion of the tax ?? Lit. This western portion is designated on the NPO 5 Plan as Commercial and zoned C-5, "Limited Neighborhood Commercial" . 2 . The applicant is proposing to develop a seven lot duplex I!' subdivision on 10,000 square foot Minimum lots bordered on the north by Bonita Road and to the west approximately 310 feet by Hall Boulevard. STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION December 6, 1977 Page 2 3. S.W. Bonita Road is designated a collector street on the NPO 5 Plan, requiring 60 feet of right-of-way, where 40 feet presently exists. Normally, an additional ten feet of dedication is needed along the parcel 's street frontage. However, the road takes a bend at this point due to the severity of the slope (in excess of 25 percent) on the north side of Bonita directly across from the site. This slope therefore requires all widening to take place on the south side of Bonita Road. This requirement is justified by two facts: (1) It is unlikely that the two properties to the north will be able to gain access from Bonita due to the slope problem. In fact, the western parcel, which is presently developed multi-family, gains access from Hall Boulevard. (2) The subject property, when completely developed, will consist of a neighborhood convenience shopping center and (if approved) a duplex subdivision. Therefore, this property substantially benefits from the access provided by Bonita and should therefore be expected to provide for the upgrading necessitated by the con- tinued development of properties abutting its front- age. Therefore, the additional 20 feet of right-of-way should be provided on the south side of the street to facilitate lessening the additional engineering and costs entailed in the improvement of Bonita Road at this location. 4 . The location of duplexes adjacent a designated neighbor- hood shopping area along the west side of the proposed de- velopment would provide a transitional land use between the single family residents to the east and the designated single family properties to the south. The same buffering effect would be provided along the northern portion of the site that fronts on Bonita Road. S .W. Bonita is a collec- tor street, and there are apartments directly across from the proposed development. 5. Sanitary sewer is available to the site via a ten inch line just north of Bonita Road, Water service is also available from the Tigard Water District's eight inch line and 16 inch high pressure line in Bonita. STAFF REPORT AGENDA 5.4 l TIGARD PLANNING COMMISSION December 6, 1977 Page 3 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 NPO 5 Plan. 2. The duplexes will provide a buffer between single family homes and the property to the west at such time as it is developed commercially and will also provide a buffer be- tween the apartments to the north and the homes to the east and single family development to the south. 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 dedication of 20 feet of right-of-way along Bonita Road is necessary to facilitate improvements to S.W. Bonita Road. IV. Staff Recommendation: Staff recommends approval of the seven duplexes as proposed with the following conditions: 1. 20 feet of right-of-way be dedicated along the S.W. Bonita Road frontage. 2. A half street improvement to NPO 5 collector street stan- dards (40 foot pavement surface, five foot sidewalks) be provided on S.W. Bonita Road. No building permits will be issued until construction drawings have been approved by the public works department and the necessary bond filed. 1 a STAFF REPORT AGENDA 5.5 f? TIGARD PLANNING COMMISSION December 6, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room $ V' 10865 S.W. Walnut Street - Tigard, Oregon �' Docket: Variance V 11-77 Request: For a variance to the city' s local street standards (side- walks, surface pavement, and right-of-way) in a R-7, "Single 5. Family Residential", zone on a 2* acre parcel Location: 11885 S.W. 113th (Wash. Co. Tax Map 1S1 34DC, Tax Lots 3500, 3600, 3601, and 3602) x Applicant: Paul Hoskinson I. Findings: 1. The site is designated on the Tigard Community Plan, 1971, and the NPO 7 Draft Plan "Urban Low Density" and zoned R-7, "Single Family Residential" . The site is surrounded by single family dwellings. 2. Sections 17 .44 .020, .030, and .040 of the Tigard Municipal Code states that streets within a subdivision shall be ,` , provided on local street standards (50 feet of right-of- ,;) way, 34 foot road surface, curbs, and five foot sidewalks ;,, along both sides of the street) . t'ti 3. The applicant is requesting that he be able to deviate from the local street standards by providing a 25 foot f! right-of-way, with no sidewalks, roll curbs, 24 foot pave- ment surface, and a ten foot wide parking strip (which would be privately owned and maintained) for a proposed <, five lot subdivision. 4. Section 17 .48.020 of the Tigard Municipal Code authorizes the Planning Commission to grant a variance to the subdi-- i vision code, provided the Commission finds from the facts presented at the hearing all of the following: (1) That there are special circumstances or conditions effecting the property which are unusual and peculiar to the lands or development of the project involved as compared to other lands similarly situated. (2) That the variance sought is necessary and the minimum required for the preservation and protection of a Y s k;, STAFF REPORT AGENDA 5 .5 TIGARD PLANNING COMMISSION December 6, 1977 Page 2 substantial property interest of the petitioner to the degree that extraordinary hardship would result from strict compliance with the regulations of this chapter applicable to the particular subdivision, major or minor partitioning involved. (3) That the granting of the variance will not be detri- mental to the public health, safety or welfare but will be consistent therewith and shall not be injuri- ous to the rights of other property owners in the near vicinity nor constitute a departure from or be in violation of the Comprehensive Plan of the City of Tigard. (4) That the applicant's proposal for variance in a sub- division or major or minor land partitioning conforms to and is consistent with, all other regulatory re- quirements of this title and Title 18 of this code, that adequate provision is made for traffic circula- tion, recreation, open spaces, and similar factors, and that variance sought has been considered by other public agencies concerned with fire protection, sewer, water, and other utilities, as well as environmental factors, and the written comments of such regulatory bodies as applicable are submitted as part of the record. 5. The applicant's statement of hardship provides the follow- ing basis for variance to the street standard: (1) The reduction in right-of-way from 50 feet to 25 feet will maximize the use of high ground. (Staff Note: The rear portion of the proposed five lot subdivision falls within the 100 year flood plain of Summer Creek) . (2) The reduction in road surface from 34 feet to 24 feet will match with the existing street to the east (113th Place) . (3) The deletion of sidewalks will conserve the buildable area. (4) A roll curb versus a standard curb will facilitate a ten foot wide parking strip to be made available on privately owned and maintained property. i r:J Ei! STAFF REPORT AGENDA 5.5 ;.,' di TI.GARD PLANNING COMMISSION 41 IL December 6, 1977 Page 3 t° is 6 . On October 7, 1975, the Tigard Planning Commission ap- proved a variance request to the local street standards for the subdivision (Muttley's Addition) directly east and adjacent the subject site. The variance was granted for two stub streets (113th Place) on a 40 foot right-of-way, four foot sidewalk on the north side of e ach stub street, and a 24 foot road surface. 7. Staff has contacted the Tualatin ;.,�ral Fire District con- , "' cerning this proposal, and they have stated that the "pro- posal seems reasonable based on the fact that this would only serve four (sic. ) building sites and that the exten- sion of 113th Place would link two short dead-end streets together and provide a turnaround near the end of 113th Street. " II. Conclusionary Findings: 1. The proposed variances would not be detrimental or injuri- ous to persons and property within the vicinity in which this property is located, and there are special circum- stances or conditions resulting from topography that ef- fect the property as compared to other adjacent lands, such as subdivisions recently developed to the north and east. III. Staff Recommendation: Staff recommends approval of the variances as requested to the local street standards of the Subdivision Code with the following condition: 1. That .a 25 foot right-of-way be provided for the extension of S.W. 113th Place with the following dimensions: o 24 foot wide road surface with rolled curbs o A ten foot wide parking strip on a public easement be provided adjacent the road surface. s:; ,