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Planning Commission Packet - 03/07/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. _. _ _ i � � � l>GEND11 'I`I�A�D PI�ANN2NG COT!CM'I��S:I'ON , M�i�;h �� 1978 � 7 s 3a Po:M� F�w1�� J�n3.� ,r II.igh Svha��1. � T.�ect�zre R�om 1 Q8C 5 �i�� V�ia]_nut Str�et � Tzgard 9 Oregon � � C�,"11 to Orr.]er; ,� 2� R�11 Call: 'I , 3 v Appra�ral o�' M�.x��x-tes: �-o Communi��tia:r�s a 5, pub�i� He�r_'t�.gs� A� S'��._Ff Report ; i B, Ap�lic�nt°s Presenta�tiora � �;< k�.�k�l.�.c Test:�m�ny ; �� Prc�ponen�°� b„ Opponent°s �� CrQSS�examisaation I � D� 5��`f R�cammendation C Fn (;om.�niss.ion D�scussa.on and �ct�_on. 5, 1 ZON�' CI�NG�: ZG 5�7"r �Wed�ewood Hcmes� NF'0 7 A I'2CjL1P,��t; by Wedgewood Hr�mes �or a prelim.�nary p�..an �nd progr�m rev�.ew of a residential plan,ned devel�pmEnt and a zr�ne map n me �`r ct�u �y RS-� o c° Ft�7 �_ng e Fa .�'ly es°dential � � �E'T a�re ��1 � s. st° of u x u . .U� 76 j a � che unz.t� and 14 de , ec� n� s �t W 3 h an SW Walnut S�r�ets ��tirash� Coo Tax PZaps �,51 33fl �'ax T�ot 700 �nd 2�1 4, Tux j :Lot; 500) o , �0 7. �ON�' CHANCTE ZC �-��78 �H�r�e,y Ad�ms) N�'0 2 ' ,A r��qu�st by Ha�1e�r R.o Ad�ms �or a prel.�minary p��n ry,nd progr�m re�rie�N c�f an indust��x��. �1anx�ied d�ve�.opment �nd � �r�ne map amendment f.rom R�7 Singl.e Fama..ly Residential to A7m4 Industri�.1 � Park r�n a �F 1 acre �,a�°cel at �the �ntersection af SW Ka.thers.ne ar�d S�,t� Txgard Stre��5 {G�,�ash� C�o� Tax Map 2S1 2BB8 'Tax I,c�t 100) , � 5,.3 CO:�DTTION.AL USF CU 5-�77 (Eastgate Theatres) NPO 4 A reques�c by Eastgate Thea�res Inca to amend Condition 2 of C��d:i.�i,anal Us� Per��.t 5-77 on a 1007 acre pare�l in a C-3 �: General CommErcial `Lone at � 1625 SW Paci�'ic H�.�hway�Washo Gna Tax PZap 1S1 36DGy Tax L�t �00) e ,;;, , � ...,. .. = . w .. : � , AGENDA �!1 TIGARA PI�ANNZNG COMMISSZON M�r�h 9 1978 � 'T o 30 PM P�ge � 5 0 4 REZONIIVG OF �1ND WTTHIN NPO#5 A r�c��`�.� fcar��pp�l r��r�zonin and ithi the t� u da af NP � to on�o witk��e ado�d C��he�ve � 1� a� amendedU 5 0 5 ZC�NING ORDTNAiVCE AMENDMFNT ZOA �-78 A proposal �� dopt an xr�.ter° � storm water detention ordinance and �mendi:n� T3.tl� 1�3 (Zon�.ng� z��' the m�.gard Mur�i�ipal Code9 by add�.ng a new �atEgory9 Starm Water Detention9 tr� be known h��re- af�er as Chap�er 1�30588 Storm Water Detention and �mendirig Ord- in�n�e 77--25 S�c-t:�c�n 10 De�ign Rev�.ew y removin� Design Review as Chapter 18058 and crea�t�ng a new �hapte.re Chapter 18059 Des�;gn RFV.�ewo 5�6 ZQNING ORDIN�NCE AT�IENDMFNT ZOA 2-78 A propasal to a�op� an ordinance amending �'hapter 18057 c�f the � T.�gard Munic�p�l Code by changing th� m�ps referred to in �he ciefinit�.an of. flor�d plain. d.�s�trict� thus superseding Sectiar� 18057002�(5� as ad�pted by Ordinaaice Noo 74-�OAo 6 o Other� Bus.�ness: 7� Ad j e�urnmen�a , i � � � � � l ,; ; , � i i � � ; _ � 0 r�INUTES �'�` TIGARD PLANNING COMMISSION A4arch 7, 1978 Fowler Junior High School - Lecture Room 10865 S .W. Walnut Street - Tigard, Oregon l . Call to Order : The meeting was called to order at 7: 30 F .A4. �. Roll Call : Present : Sakata, Goldbach, Corliss, Br�ian, Wood, Tepedino, Rossman, Popp Staff : Bolen, Chaidez EYCUSed Absence: Quimby 3. Approval of Minutes : Goldbach stated that he was not present at the Febzuary ?1 , 1978 , rneeting; he had an excuser� absence and did not second the motion for item 5 .2 . The mUtion was seconded by Brian . Minutes were then approved� ��' 4. Cor�munications : Staff stated the Wedgewood proposal was rescheduled to Apri1 4th, as was the rezoning of lancl within NPO #5. 5 . Public Hearings : 5,2 Lone Change ZC 4-78 (Harley Ad�,ms) E� request ��r preliminary plan and pragram review o.f an industri- al planned develo;pment and zone map an�endment :fr�m R-7, ''Single Family Residential" to M-4, "Industrial Park" c�n parcels totaling . 84 acre at the intersection �f S,W. Katherine and S .W. Tigard Streets (Wash. Co . Tax Map 2S1 2BB, Tax Lots 100 � 300) . A. Staff RPport : R�ad by Bolen I3, Applicant' s Presentation : Harley Adams, 11844 S .W. Pacific Highway, pxesented a slide presentation and explained that this proposal dealt with Phase 1 only, not Phase 2 or 3. He wanteu; t;o bu�.ld directly a�jwcc:�t to the property line to avoa.d 7.e�.ving a narrow s�rip between two buildings . � C. Publie Testimoily: � a. No one spoke in favor . b . Opposition : i fi� ��!� �'. �,I MINUTES TIGARD PLANNINCT COMMISSION i' �` March 7, 1978 i; Page 2 ;' � .Patty Fleming, 10060 S .W. Katherine, (owner of Tax Lot �'� 200) as�ed if the buyer of Lot 300 would have to follow ''' j�� this proposed plan. i, .Popp stated "yes" . .A�s. Fleming asked how Lot 300 could be proposed for de- velopment without including Lot 100, and if they developed would she, as an adjacent property owner, have to pay for sewer or new curbs . .Popp answPred "no" , it would be in the public easement . .Mildred Cleveland, 10080 S .W. Katherine, (owner of Tax Lot 300) stated she had no intention of selling o.r doing anything with her property. + .1Nood asked Mrs . Cleveland if she had signed any wzitten agreement . .Mrs . Clev�land said, "Yes, the zone change application. " �' � .Adams res onded that the had on�. 1' p y y planned for hPx• tax �;;� lat at the suggestion of the city , I;; r,'; D. Staff Recommendations: � ��. Staff recommerads approval o� the preliminary �lan and program �'� ' with the following conditions : i �,�. l . A half street improvement to local street standards be '`' pxovided along the Katherine StrPet frontage for Phase ;�.'. ]. (to include meandering sidewalks and, if necessary, �`' curb to protect the existing �trees) . ,�i E' 2. Five feet of right-a�-way be dedicated along the KatYierine '' Street �rontage for street improverraent Z�uxposes . Sn the event that the thxe� large trees along �he Katherine Street frontage lie within the n�c�ssary right-o:f�waq, �,� the improvements will be designed to protect them. ;Y ;; �. 3. That the site plan be revised to show o�:fi.ces as the primary use in Pha�e 1, wi�h secondary uses ancillar,y to the off�ce 's uses and subject to �he following cr�.te�ia: '1 �'� a. Lo�w traf fic generators �� b. Low generators of noise }.� c. Non-labor intensive r;" '� d. Uses oriented toward storage xa�her than manufactur- �'� � ing, assembly, and processi.ng, , _ ''� �� 4 . Tax Lots 200 and 300 be developed concurrently as an ' integrated projec� . (Bolen amended �his to read: Tax �' �� t',I �: C' s: �; t; MINUTES �t TIGARD PLANNING COMMISSION --� Maxch ?, 1978 Page 3 ! Lot 300 will not develop until Tax Lot 200 opts to develop in accordance with the Comprehensive Plan . ) ''' ;,: 5 . That the offi.ce building on Tax Lot 300 �ie eliminated �; and extensive landscape screening be provided �.djacent to Katherilze Str�e�; and the west pi operty line. 6. That Phase 1 develop with a 30 ' wide ac:cess from S.W. I�atherine Street . At such time as Tax Lots 200 and 300 are developed, the 30 ' access drive in Phase 1 would be ��educed to 15 feet , and 15 feet would be provided on the adjac�nt parcel with joint access agreements being pro- vided between Tax Lots 100, 200, and 3U0. Landscaping would b� laced within the area o� Ta L p x ot 100 where the reduction in the access width is 1;0 occur. 7. That Phase 1 be permitted a zero setba�k along tlae «es�t; proper�ty line and 5 ��ot setbacl�s along �the �outh and east property l.ines. This is nat iiitended to pr�vide for a larger building, but rather more landscaping on the Katherine S�treet side. �, Rebuttal .Mrs . Cleveland questioned the 5 ' setback on Phase 1. ,:� �� .Papp stated it would be dedicated fo.r widening purpos�s. i � E. Commission Discussion : .Wood asked if Mrs . Cleve].and i.ntended �o withdraw he•r sig- nature from the application. .Mrs . Cleveland said, "yes. " i .Rossman felt the wording unde,r Condi�tion #3 d, should l�e stronger - confined instead o� oriented, � .T�pedino i'elt there were points to comm�nd l.ike the overall planning of the area, but that the �,pplicatiori was misleadi�g; � and, at this time, they h�.d no righ.t to review it as proposed � as a zone change which woulc! affect the property ri�hts of ' the adjacent owners. He made a motion for dena.al . � , i-;y .Sakata seconded the motion. ;=; 't .Wood disagreed and thought the developer had made an attem�t ; � to develop the tax lot appropriately, ancl in such a way so 7 as to create an integrated package so that the oi�her lots ; would be compatible wi�;h Phase 1. Iie felt as -long as Tax ;; Lot 100 was developsd properly, there would be no harm t� ' �the community, that it was sensitive to the site and its' - ' =i �,� l r;: � �;, _ ��: MINUTES ,,,, TIGARD PLANNING COMMISSION ; ry March 7, 1978 ; Page 4 needs, and was a good use �f otherwise poor land. .Saka�ta disa.greed and felt since Mrs . Cleveland had withdr�,wn her name, thP entire application was invalidated. .Wood said there would be no Phase 3 development until Phase 2 had been developed, and doing nothing on those lots was what sta�f recommended. .Sakata stated it was rezoning Mrs. Cleveland' s property. .Brian liked trie plan for all three lots, and felt the staff requiring Lot 3D0 t� not develop until Lot 200 was developecl would k�e unfair to Lot 300 owners. i .Bol�n said tha,t based upon Mrs. Cleveland' s wi�l7drawal of her �ame, Condition 4 was a moot point . el3rian felt the most approp.riate use of the land sYiould be found whether landscaping or whatever. .Wood questioned the necessity af tying Lots 200 and 3Q0 to- �' gethex at this time, and also fel,t they should take Tax Lot ��- 100's development as fa,r as possible at this meeting. .Tepedino felt they were rec�esigning the application which should be the applicant 's burden to rationally put together . .Sakata felt it was a premature action. .Wood didn 't feel they were redesigning the ap,plicai�ion . .Corliss asked if the application just cc�ncerned Lot 100. .Bo1en said, yes, it was sta.ff' s recommendation to include three lots for single developm�nt. ,Corliss asked if Mrs . Cl�veland had any abjections to a zone change, ,Mrs. Fleming �elt the,y were infri.nging on her ri,ghts by pro- posing this plan. ,��ap stated NP0 #2 had found th�se parc�ls iindus�rial , and ' ' it v�as a strictly te�hnical matter to go from R-7 to M-4 . He was concerned that TaX Lot 100 not be penalized as it was in conformance with NPO #2 Plan . ` .Sakata sai� the NFO Pl�n speci:fied of�iee use �ar that lot . .Popp said a motion for denial had been made �or tY�is preliminary pian . MINUTES ��' TIGARD PLANNING COMMISSION } March 7, 1978 Page 5 .Corliss stated the NPO #� Plan suggested M-4, only, with an overlying Planned Development to insure a. site development plan, at the time of the zone change, be adhered to. .Goldba�ch felt triey should exclude the 0 ' setback. .Wood said the landowner of Lot 200 was not concerned with the setback, and �hat to dex�y the proposal would make no sense. .Bol�n agreed with A4r. Wood, adding that theq had done this on other parcels, and that the I14-4 zone had been set up for large tracts of iiidustrial land. This setback arrangement could use 3 setbacks instead .of 1 . .Brian felt the applicant should come back for one lot develup- ment with no setback, .Eolen sai�i t11� Planned Development guarantees control so that other less undesirable uses couldn 't go in. The motion for denial met a tie vote - failing by a tie . .Wood proposed a motion for approval with the f�llowing con- � ditions : l . Retain Conditions 1 and 2 , 2 . Charige s�taf.f recommendation 3.d, the words "oriented toward" to "confined to" , 3. Delete Cc�nclitions 4 and 5, 4. Condition 6, second sentence, be replaced by: "Developer agree to provide joint access with Tax Lot 200 at such time as that tax lot is developed by the Planned Development . " 5. Condition 7, "permitted a" be replaced wi.th "required to use" . And to the end of that first sent�nce, a,dd "with no increase to the square footage �f the buildi.n�. " .Brian seconded the moti�n whicki passed by a 5-3 vote. 5. 3 Conditional Us� �U 5-77 (Eastgate 2'heatres) A request by Ea�stgate Theatr�s Inc. to amencl Condition 2 of I Conditional Use Permit 5-77 on a 1C1 . ? acre parcel in a C-3, ' G�neral Commer�ial Zone, at 1162C S .W. l�acific Highway (Wash. , Co. Tax Map iSl 36DC, Tax Lot 500) . ' A. Staff Report : Read by Bolen � B. Applicant 's Presentation : �.' .Herb Althouse, 919 S.W. Taylor, Eastgate Theatres, had a density test he had pex,faxmed on the site a.nd st�ter� �h.e ground surface had been cotnpacted to exceed the standard � � : : _ _ . I MINUTES TIGARD PLANNING COMMISSION March 7, 1978 Page 6 �,. of an asphalt surfac.e; that they were willin� to pave . the drives to reduce dust , but to require paving of the entire field was Yzard to comprehend; continued oiling would accomplish as rnucYi; their landscape plans had been approved; and that t��vin screens would decrease the traffic periods. C. Public Testimony ; a. Proponent ' s: No on� testified in favor . b . Opponent 's: .Don.na Van Syke, 7435 S.W. Duvall , wasn't concerned with �he theatre traffic, but with DEQ the�e during the day. "The dust is intol.erable . " .Bill Clark, 7175 S.W. Baylox, felt it w�uld be di.s- i , asterous to all homes on Baylor wh ch aouldn t leave windows open; tYla� 72nd b�came a parking lot aizd the additioz�al traffic would be hazardouse .Pat Maney, Oregon Education Associati.on, 68th & Haines ftoad, stated: they had plans to develop the land across the street froim tk�e screen which would detract �� from the valuE of their la.nd and the notion of com- prehensive plannin�; that the caxs up Baylor were dangerous to the children; the medical lab has had complaints about ca,r traffic which was highly detri- � mental to pxoperty value. � .Popp ask.ed i�f this application was to amend a con- � di�tion attach�d at a previaus Pl.anning Commission � action, or was it a request for a rehearing? � .B.olen answered t;he �ntire issue was co:ncerned and � �the a�plicant had until May to aet . .Nick Lafaratas, 176 Sixth, Astoria, Attorne3� far -0regon ; Education Associatiozl, was concerned with tkte Uxigi- nal. �.ffidavit of ma;iling and its comprehens7�veness; and with the allc�wance of a 50 ' screen wher� 35 ' was the h�i.ght limi.t far a building in th.at area. �; ; .Wood �.sked Bailey i� this request was approved as ; a new ap�lication , would it run from one year o�f ! the new a.PProval . � .Bailey stated tk�at it would expire on the date se�t„ by the ora:ginaZ a�proval . .Wo�d ask�d i� it were der�ied, would it include the �,;; entire conditional use, rather than the request . .Bailey stated that �k�ey would be approvrn� a conditional � - u�� Wa:th oiling as opposed to paving; to den.y the �:urrent petition would leave thetn with 1a�t year 's decision which expires May 3, 1978. , � ., r~ , � i ��i .. _ , .. _ ., ,. . ... . . . , .. ... ,.4- ., . .. .. . .. , . _ - , �a ti� �', �� i+ Ci r�zNUT�s �' �� TIGARD PLANNING CQMMTS�ION �, �`` March 7, 1978 Page 7 � D. StafF Recommendation : i a Staff recommends approval subject to the following �� conditio� : �. - ,;; l . The perime�er drive and central aisle be improved �:' to City spec:ifieati.ons and th�t the a.isleways be improved and maintained with a minimum oil anr� ;i, rock surface . _� Bolen amended the st�ff recomznendatian, citing the dust ,'; problem made evident by adjacent residents , to state that . s', all aisleways 'r�e �aved, with trie central and perimeter aisles rneeting �ity street �tandards and all other aisles : may be paved to a lesser, but adequate , standard. ; Rebiztt�,l .Althouse sta.ted th�t they had no �bject�on to D�;Q's use of thPir site during the day. � � �i ;, .Bi11 Clarl� stated that the pedestrian traffic on 72nd { � � needed protection . ;� .Pat Man�y felt stagger. ing ti.mes o� shows would onls� rnean �� a continuous flow o� tra:ffi�;; a plan �or 7Znd pedestrian �. use was neec�ed. �' ,.,, .Mdr,jorie Seifker, 7160 S .W. Fa.yxo.r, sta�ted many peoplP '; liadn:' t been notified of the meeting. �. .Nick 7afaratas again questioned the vaJ_idit� of a 50 ' '� � r; sereen . ,, .Bole:n answerecl the maximum hei�ht standard could be ex- ceeded wa.th the conditional use procedure at the Planning 4s, Commission as had already been gran�ed, , ',;I T . . . . . . . . � �� 3� , . E . Commission Discussion: � ��;' ;� ,;, ,Fopp cla:ri�ied the issue by statin� the f,in'a1 decision �' was �hether or not ihey would requi��e pavin�- as c�ppo.�ed ". �: to oiling. �;'' ., � .Corliss felt paving was needed. �,` .Go'ldbach �elt paving in aisles was need�d. ' � �� i:� .Sakata felt paving was �equired. i� � ,,�! �; .Tepedino thought paving was needed. ,,; �� Rossman - no addi�iana'1 comments . �' _ , �F: � � �E . „ . . . _ ,. , , . �^ . . ,,,.. MINUTES �,� TIGARD PLANNTNG COMMISSION `��.� March 7, 1978 Page 8 .Br.ian - no additional comments. .W�od proposed approval o� the appeal as per staff recom- mendation (paving all aisleways) su.ch approval contin- gent upon the applicant ' s beginning to use and continued progress towards fu11 operation of the cr�nditional use on �r before May 3, 1978. He cited Chapter 18 .72 .010 of the code, stating the ability of the Planning Com- mission t� attach conditions to a conditional use . He al�o stated there was no evidence to justify an extension . .Tepedino seconded the motion . .Bailey stated i;he appeal period had no effect on extending the time. .l�otion passed. Sakata' s vote the only "no" . 5 .5 Zoning Grdinance Amendment ZOA 1-78 A proposal to adopt an interim storm water detention ordinance and amendi�g Title I8 (zoning) of the Tigard Muna.cipa7. CodP, �s by adding a new category, Storm Water Detention , to be known hereafter as Chapter 1F3.5£s , Stox�n Water De�tentian and amending Ordinance 77-25 Section 10 Design Review by removing Desigzl Review as Chapter 18 .58 and creating a new chapter , Chapter 18.5� Design Review. .Bol�n presented to Plannin� Commission and said this had been gone over at study session by them. There would be a hearing by City Council on Ma,rch 20, 1978. Sections l , 2 , 3, and .4 were acceptable. Section 5-1 : .Wood proposed addii;ional language "and admini�tration'' be added oii Page 2 , Lzne 3 after "as that interpretation" . Al.so , "and the adversE e:�fee�t on storm water storage is i.n- suk�stantial" be added to the end of that sentence. Section 5-2(a) ; Popp proposed delet�_ng the word ''insubstantial" before re- modeling. Section 5-3; ,: On Page 2, fifth seni;ence �rorrr the bottom, change the word � "negligence" to "inadequate" and d`elete "normal and capital" in the fourth line o� S�ction 5-3, as w�ll as in the last line. MINUTES TIGARD PLANNING COMMZS��ION �, March 7, 1y78 Page 9 Section 6 : ._ _..� Tepedino proposed additional language in the second line afte �� ,� , r fails to do so addin or does so im ro erl or , g, p P Y in viola ion of t i ordin „ t h s ance. In the second paragraph, to better address solving the prob- lem of violatian, Wood changed the language to "Any person guilty of violatian of the pxovisions of this ordinance the ci+y. will proceed to remedy tkie violal;ion and a�sess a lien against this person and against any property within juris— diction owned by this person in the amount sufficien.t to cover costs of the repair. . " All else being in order, Goldbach moved approval with the above cited changes. Sakata seconded ancl the vote was unanimous . 5 .6 Zaninb C1rdi.nance Amendment ZOA 2-78 A praposal to adopt an ordinance amending Chapter 18 .57 of the Tigard ll�uniczpal Code by changing the maps referred to � in t.h� definition of flood plain dis�trict , thus superseding �� Section 18.57.020(5) as adopted b5� Ordinance No. 74-50A. Bolen ex�lained this to be merely making legal the change in exhibits to include mc�� accurate base maps . Wood moved for appro�al, seconded by Corliss. Vote unanimous, 6 . Other Business : i Frank Tepedino presented information from th� Ar.my Cor,ps of � Engineers for the Commission about Flood PZain . � �i 7. Adj�urnment ; i ' The meeting adjourned at 11 :00 P.M. � � � � # , � � t j'i E, . � � � x PUBLIC NOTICE TTC�ARD PLANNING COMMISSION March 7, 1978 - 7:3� P.M. ' �`�`� Fowler Junipr High School w I,ecture Room 1 0 8 6 5 5.1�. Wa lnu t S tree t - Ti.gar d, Oregon �. Public Heaxin�s 5. � ZOl'1E CHANGE� ZC 5-77 (�Fledgewood Homes) NPO 7 A request by Wedgewoad HomPS �ar a pr.el.iminary plan and p��ogram review of a resid�ntial planned dev�lopment and a zone map amen.d-- ment from coun�y RS1 to city l�'I,Single F'amzly Residenti.al, fnr a 65.F�7 acr�e pa.rcel con.sisting c��` 4£3 multipl.ex units, 76 attached units and 148 d.eta,ched units a�� S�1 135th and SW V�Talnut Street (Wash. Co. Tax Map 1�1 33, Tax �,ot 700, 2514, Tax I,c�t 500) . 5. 2 ZONE CI°IANG� ZC 4-78 (Harley Adams) NPO 2 A request by Harley R. I�dams �°or �. prelim�.nary plan and pro�r�m rev�iew o£ �.n industrial plan�ed develapmen+ and a �on.e maF ame�.dmerit fram R7 Si��1� F�ma.1y Pesid�rzt:'ta�. to M4 Ix�dustrial Park, an a .�1 acre parc�l �t the 3.z�tersectioxi of SW K�.therine and SW Tigard Streets (Wash. Cn. Tax Map 2S1-�BD, T�x Lot 100) . 5. 3 CONDITIONA�, USE C'U 5--77 (��a.s�gatE !�heat�es) I�PO 4 �"�`` A request by Eas�gate Th�atres I�c� ta amend Condition 2 of � Conditional Use Permit 5-77 on a 10.7 acre parcel iz� a C3 General Commercial Zone at 11626 SW Paci�ic Hi�hway (Wash. Co. Tax Map 1�1 36 LC, Tax Lot 500) . 5.4 R�7t7NTN� 0�+' T.,I�ND �3�;IY�' �T�O �� 5 A request for approva� ��' rezoning lanc�s wi.thin the bau�.daries af NPO �5 to c�nform wi�;h the adnpted Comprehensive �J.an as a.mend,e�l. 5. 5 ZONTNG ORDIN.ANCE AM�NDMENT ZOA 1--78 A propc�sal to aclopt an int�rim starm water detent�.on ordinan:ae, � and amendin� Tit1E 18(Zoning) o� the Tigara Municipal Cade, b;� � adciing a nFw cat�gory, Storm Wat� .r DetPntion, to be known her��- ��er as Chapter 18.�8,Stvrm W�ter Det�ntion and amending Urd- inar�ce i i-�25 Se��ic�ii 10 D�sig� R:e�riew' b� r��nc��rii�� D�Sig� ite�view as Ghapter 18. 58 and areating a n�w chaPter, �h.apter 18, 59 p�sign Reviewo �� :�ONING ORDINANCE AI�NDMENT Z�A 2-78 A prnpc�sa� to adopt an ordinance amending Chapt�r 18.57 of -�ka� � Tigard Munic3.pa.1 Code by changin� the z�ap� referred to in the de�'in�t;ion of fl�od plain district, thus stzp�rseding S�ctioz� 18.57.421?(5} a� adopted by Ordinance No. 74�50�. All persc�ns h�ving an interest iri the ne�.r:�ng m�tter are invited ta appea.r ancl stzbffiit oral and t�vritten testimany or submit wrj.�ten �est- �m y in advance of the meetin� Pu�a�ish TT 2-�22-78 . . � —�_,� , _ , . , , _ _ _ ___ ,_,:. , _ ;, �i k; MEMORANDiJM �''i �� TQ: Planning �ommissioners �; �; FROM: Plannin� Bepartment °, 1� i, SUBJECTt Pending Beaverton Flood Plain Ordinance �, r DATE: February 23, 1978 �; 4:i . � . .. . �_,' �� 4. Staf£ was just advised yesterday that the Gity of Beavert�n has been evaluating �; a proposed flood plain or�inance for the past several months, and a decision is k fortheoming in March. ;' _,� �:�. It is the st�if's int�ntion to dxaft a position �aper to be cc�nsidered by the t�; City Council directly at it's March 6 study �ession. A copy of the draft ' �, position pa:ner will t�e sent to a11 �'lanning Gomnnission;ers at the time it is �; made auailabie to the Gity Council. Commissioner.s are urged to presEnt their " i�dividual opinion of the draft to the City CQUncil. '! � ��:� The Beaverton Planrzing �ommi�sion is 1-�olding a hearing on the progosed ordinance `� on March 1. Sta,:�f wiJ_1 presexit its' draft position paper, clearly identified as "' such, at that time, �� ". � �j �:, 1;; �� . � � �5� �.;a �:; ','� ,; 1.; j�, �,:? t,�,, �;; ;.' �' f , i.'' ��:�: �;,; �: j;°� �� 't,: ' �i�. i � . . � . . . .. . �. . . ��: . . . . . . � � . � . . .. . . . 4.�; � .. . , �.. . . � 1 t�,�, �.�� ,' � '�I �: �� ' �:;� �, �� ` STAFF REPORT AGEND� 5. 2 �IG9RD PLANNING COMMISSION �.�` Ma,rch 7, 1978 Fowler Junior High School - Lecture Room I086b SW Walnut Street -Ti�;ard, Oregon i� Docket : ZC 4-78 I�e�uest : For preliminary plan and program review of an industrial planneci development and zone map amendment from R-7 Single Fami]_y Residential to M-4 Tndustrial Park on parcels totaling . 84 acre Location : Intersection of SW Katherine and SW Ti�ard Streets (Wash. Co. 2'a.x Ma 2S1 2BB Tax Lots 100 & 300 . p , ) Applicant : Harley Adams I . I3ASIC FA.�TS : �" � l . The site is designated on the NPO #2 Plan as "Industria7." (with an overly�ing office use designation) and cu.r.- r�ntly zoned R-7 "Single Fami].y Residential" . 2. Sec�i;i�n 18. 56.010 of the Tigard Municipal Code states : �� The purpose o� the planned development district is to { provide opportunities to create more desirable enviran- ments through the application of flexible and diversbf.i�d land develo�ment standards under a comprehensive �lan ; and program professionally prepared. Z'he planned de- � velopment district is intended to be used to encourage t the application of new techniques and new technology � to community development which will result in superior a l�.ving or development arrangements with lasting �alues. ` It is further �rtended to achieve economies in land € development , maintenamce, street systems and utili�t:y ' n�tworks while providing building groupings For pri�racy, ; usable and a�ttrac�ive open spaces, saf� circulation and ? the general. wel.l-being of the inhabitants, � , � 3 , Section 18 . 56.020 proviaes f�r pxeliminary p�ar� and !, �rcig�am review by the Planning Cornmission and requires I that such review be based upon the comprehens'i�re plan, the standards of this title , and other regul�,tions and the suitablility of the proposed develo�ment in � relation to the chaxacter of tk�e area. � i,�'�, �,�: #'<.I F'. S>I ,-, Page 2 ': �', ACxENDA 5. � TICARB PLANNING COMMISSION .� 4. Applicable language from the NPO #2 Plan tex•t is as ;', follows : The relationship o� this property to the adjacent in- dustrial buildings (Tigard Industrial Park) rendErs these ` ' properties undesirable for residential use and it is recommended that these properties be used for o�fice space with the existing Tigard Tndustrial Park. Offices should be located on �this site with the greatest concern :for compat�.bility with the adjacent residences and ! should include screening by means of fencing and l.and- � scaping. In. addition, anly single sto.ry buildings, in scale with th� adjacent homes, should be permitted. Vehicular access should be gained through the industrial i park rath�r than putting business tra�fic on Katherine ' Street . A change in zone to permit this office use should on].y be approv�d as an M-.4, Industrial Par1i ZanE, w:ith � an overlying P.D. , Planneci Development zone. This would ' ensure that the pr�pe�°ty would be developed accordin� �to thE site d.eveloprnent plan approved at the tirne of the zone ch�.nge, A condition of the zone change should �'� stipulate that it the p.roject is nc�t constructecl, both - •the M-4 and P,D. zones will revert ta the original R-7 � residential zone. Once the Planned Development has expirecl, � " the unde.rlying industrial zone cc�uld be developed with any m' d in that zone . o� the uses er itte P i II . FINDINGS OF' FACT: l . The applicant is proposin� a multi-phase-i_ndustrial T' ard a,nd i n f SW i �l a n n e d d e v e l o p m e n t a t t h e i n t e r s e c t o o g Katherine Streets ad 'acent the Ti ard Industrial Park � J � �,,: (Tax I7ots 100 and 300, Phases I and IV respectively) . Phases IT and III (Tax Lot 200) located between Tax Loi;s 100 and �00 is not included in the applic�,tion . The appl�.cant has informed staff that he has actively pursued having the �roperty owners of Tax Lot 200 participate so ' ;i that a.n int�;ra.ted de�=elopmer�t �ould be achieved. However , the owners of Ta.x Lot 200 have chosen not to participate. �r , r ur oses of land use Thc, a licant has shown .fo pp T� P � calculatioris a schematic la out as to how Tax Lot 200 r �: Y could be integratecl into an overall development scheme . , : 2. �hase I (Tax Lot 100) would contain 10,240 sqt�are feet ��,` of builcling area (16D0 sqi:zare of of�ice space and � 8640 square feet �:� "supptirt" warehousing) . � � � f�,�� Phase IV (Tax Lot 3�Oj would develop as a 2'OOO square foot o f f i ce . ,';; �. � ; i:` �: E;�; ��'; Page 3 AGENDA 5, 2 �,,... TIGARD PLANNING COMMTSSION , �� ; � 3. The applicani; is proposing to decrease the sideyard se•t- ( back (for the building in Phase I ) from 20 feet as } I required by the Tiga�d A�unicipal Code to zero along the west prop�rty 1ine. The o�fice building in Phase IV ; is proposed t� develop with a 10 foot sideyard setback °; Section 18 . 52.020 of th� Tigard Municipal Cade (I) ; and (2) states that the fxontyard setback sh�,11 be �orty ° feet, except when across the st.reet from a residential zone a front yard setback of fifty �eet shall be re- quired; the sideyard setback shall be twenty feet when abutting �r across the street from a residential zonP i a fift,y .foot shall be required. ' The nor-th and west property line of Phase IV abut residentza].ly zoned p�.rcels . 4. The applicant has shown a 22 foot wide access/e�r�ss . frorn Katherine Stree�t. `l �, Section 18.E4. 030 Minimum r�quiremc�nts - Commercial and :� Industrial Uses requires �. minimum easement width of 30 feet with �avement of 24 feet where a project requires � f,'i �,� between 1-99 parkin� spaces. � �� , SW Katherine Street is designa�ted as a local street on ; the N�0 #2 Flan �.nd is currently in substanc�a.rd conc�ition � (no curbJy sidewalks, etc. ) . Required righ�;--of-way ;� is 5G feet , �the.re is cuxrentlq 40 feet . Therefo:re a;n additional 5 foot dedicati n ould e necessar . o w b Y There are several large trees (tw� firs and o�e oak) located along the north property line (Katherine Stx�eet '.�: fronta�e) of Tax Lo�: 10t� (Phas� 1 ) . Based on the ap- plicants s�.te p7:an, it would appear that these trees i� wou].d be within �;he necessary 50 right-o:f�way, F�o��ever, ii staff finds that k�y employing a meandering sidewalk in ; this a�ea the trees could be prese.rv�ci a.nd thus continue .'� to help soften the impact betweEn the res�.dential and industxial uses. If this measure wil.l not suf�ice then ` ` the right-of-way should l�e sufficiently decreased t� � save these trees. �; t: ' 6. Sanitary se�er service is available to the si�tP from an i` , eight inch line in SW Kather;ine or an eight line in the "` ' Tigard Tndustrial Paxk. Water servic� is also available i; to the site from the Tigard Water Distr�ci:s' 4" line _ ` in SW Katherine Street.. `` �� . : ` I; ;; !, k, � � � � � � � �'� . .. . . . . . . . ..4� . . . . � . . � .-.��'d Fage 4 AGENDA 5. 2 TIGARD PLANNING COMMISSION � III , CONCLUSTONARY FINDINGS: .l. To assure tha�; a compatible lanc� us� transition be- tween the esl;ablisYie� residential neighborhood to the north and west and i;he industrial deve.lopment to the east is maintained, develc�pment should be cluste��d arid concentrated in the southeast portion o� the site. By loeating buildings in this area, where ther.e is an established. industrial theme, the residential n�'ighbor- hood wi11 be protected. Thexefor.e, the relationship o� the office building in Phase IV to tk�e residential properties to the no.rth and west would represent an inter�erence wii;h the established resid�ntial character of this area anci not provide for a compatible land use transition. This area should be he�.vily lanciscaped and screened anc� tYie off.ice buildang on Tax Lot 300 (Phase IV) �hauld lae eliminated and Tax Lot� 200 and 300 shoul�. be developeci concurr�ntly as an integrated prQject incorporating the square footag� prop�sed f.or. the office building adjacent �hase I . 2, Staff �ux�ther finds that the 2q00 sqlz�..re foot office building and on-site czrcula.tion and parking propased �`�F-� in Phase IV (Tax Lot 3Q0) could �uriction as desi.gned on].y i� and wYien Tax Lot 200 were develo�ed. 3 . The proposed deviations from the sideya.rd setY�ack along the west prope�t,y line of Tax Lot 100 (Phase T) would appear justified due to the sha�ae and size of the par.ce.l an� i;hat th.e existing home on Tax Lot 2�OQ would be a su�ficient distance away (approximatel,y 120 feet) to retain the liveabil�ty o� that residence at this time. Statf alsa �inds that by shiftii7g the bui.lding or� Tax Lot 100 in a sauth ancl easterly direction and providin� a 5 foot setback along the south and east property lines would not adverse.ly impact the �,djacent development a,nd �.t; the same time prova.de For additional on-site man�uvering ailct 1.dt�dsca�ing. 'rhe additional lai�dscaping that wauld be achieved would enliance the fxont nortion of the devel'opment and incx•ease t,he bu��er between the industria.l and residentia:t areas. �. The NPO #2 Plan and map specifica3ly states and de�ines � that office buildin�s are to be located within the subject � area. The applicant 's pr.oposal exceeds the intent of the plan by providing w�,rehousing as the przmary use. � a �_ ; i , � € , �� ; _.. , . . Page 5 AG�NDA 5. 2 ,, TTGARll PLANNING COMMISSION � . For the project to si;ay within the intent o� the NPO �r2 Plan, the primary use a� the si�te should be :for office purposes 1;o assure compatibility with the adjacent resiaential neighborhood as intended. Hov✓ever, sta�f acknowledges the fact that this property has been up for sale since the adoptio�. of the NPO Plan and that due to the location of the land, it is not a highly desirable area :for office uses. Therefore, in order for this pxoperty to devel�p, it may be necessary to include appro�riate types o� aricillary uses provided they do not adver�ely effect the residen�t;ial character o:� the area, S�t,aff Recommendations : Stafl recommends apps�oval ol the pre�.iminary p'lan and program with •Lhe following conditioris: l. A half street impxoveinent ta local street standards be provideci al�ng the Katherine Street fronl;age for Phase I (to iilclude mea�d�riz�g sidewalks and i� necessary curb � to pro�tect the existing trees) . ��., 2. Five �eet of right-of-way be dedicated along the Katheri�e Street frontage f�r street improvement purpos�s. In the event that the th.reE large trees along the Katherine Street frontage lie within the necessary right-of-way, the improvements will be designed to protect them. 3. Th�.t the site plan be revised to shaw offices as the primary use in Phase I , with secondary uses ancillary ta the offices uses and. subject to the �ollowing criteria: A. Low traf�ic gener�.tors B. Low generatars of noise � C. Non-labor intensive 1 �.._ D. LTS�s cri�nted tawaru sto�a,�e i°a��er i,na.n manu=aczur- ing, assembly and processing. 4, Tax Lo1;s 200 and 300 be developed concurrently as an intPgrat�d projeet . 5. That the o�fice building on Tax Lot 300 be eliminated and ext�nsive landscape screening be p�ovided a�djace�t Katherine Street and the �est property line, �a�„_ _ _ _ _ _ _ _ _ _ _ _.. � , � � h , � Page 6 i AGENDA 5. 2 '�" TIGARD PLANN'ING COMMIS�ION ��: � 6. Tha.t Phase I develop with a 30' wide access �rom SW Katherine Street. At such time as Tax Lots 200 and 30U are developed the 30' access drive in Phase I would 1ae reduced. to 15 feet and 15 feet would be provided on the adjacent parcel with joint access agreements beirig provided between Tax Lots 100, 200 ' . and. 300. Lanc�scaping would be placed within the area ° " on Tax Lot� 100 where the reduction in the access width �. is to occur. 7, That Phase I be permitted a zero setback along the west property line and 5 �oot setbaeks along the south and east property lines. This is not intenc�ec� to pro�ide for a larger building 'but rather more landscaping on the Kath�rine Street side. � }� � . . �!r�,�'��. ,i0 ;,,i `'G � � � « 4'�", �; '{ �. . . . . . . � . . . . . . . . � �� pi . .. . . .. . . . �� . . � .. . �. Y.��'' . . . . . . . .. � . . . � � u,>'�. .. .. . . � . . . . .. . . .. . . . . . . . S�� . � . � .. , . . � . . . . . � . �$,A� , . .. . � . . . . � . . . .. . . � '::��si . .� . . . . .. . � . . �. .. . . . . . . .. j,,. . . � . � � � � . . � � � . . . � . . . . � � �s� � . . . . . , . . . . � .. �. . . .. � � � {�;i;� �4� . . . . . . . . . . �, . � . � . . . . . . . .f�. . � . � � . . .� .. � . � � . . � � :� . . . � � � �,�; . . . . _ . . . � . _ � p^}� . .. . . . . � . . .�T i . . . � � . � � � � .. . � . . . � . . . . . �� . . � � ..� . .�� , �..�._.4._ , ,�. STAr� REPOR'P AGENDA 5.3 TIGAR"D PLANNING COMMISSION , March 7, 1978 k Fowler Junior High 5chool - Lecture Room 10865 S.W. Walnut, Tigard, Oregon Docket: Conditional Use CU 5-77 Request: To amend Condition 2 of Planning Commission action of May 3a 1977 �r Conditional Use Permit (CU 5-77) as it pertains to onsite maneuvering and parking areas for a 10.7 acre parcel in a G-3 general commercial zone. Location: 11626 S.W. Pacific Hwy. , (Wash. Co. Tax Map ].Sl 36DC, Tax Lot 500) A�plicant: Eastgate Theatres, Inc. I. Fi.ndings of fact; l. The site is designated Residential Commercial on the Tigard Coznmunity Plan, 1971, and the NPO �k4 Draft Plan as Highway Commercial on the north side of a projected loop street and on the south side of the street as Industrial and zoned C-3 General Cotnmercial. 2. 4n May 3, 1977 the Tigard Planning Com�rtission approved a proposal by the applica� to locate a second viewing screen in the northeast corner i of the site with the following conditions. � �N, A. The site be screened from view of surrounding properties by plant � material axzd the entrance area ancl drive be landscaped; the plan. be submitted for design review. , B. Areas used for the maneuvering or parking of vehicles be paved � to City standards. i C. Half street improvement be pro�vided along S.W. 72nc1 A.venue. D. Intense screening on S,W. 72nd Avenue and tr�e south side of the � site be provided. ;� 3. On June 27, 1977, the applicant appealed Condition ��3 of the Planning .; Commission action of May 3, 1977 to the Tigard City Council. The appeal was approved and Condition 3 was changed to read: ,� "The applicant will file with the City Record•er an agreement t,l not to remonstrate ag;aa:nst a local improvement district (L.I.D.) fc�r street improvements to S.W. 72nd Avenue." �; � 4. On October 4� 1977, tha applicant requested of the Planning Connmission ;; a clarificatioz� of Condition ��2 as it- pertai.ns to paved on-site �, parking a�nd maneuvering areas, It was the Gommissioners decisions that �; the conditi�n was i.ntended to imply that all park�i�g and maneuvering �< k, areas are to be paved. <<? €; � � � �f��. t' �� {' r; i; `s': , ,. �' ��_ , —— --�._.� , __ �_ STAFF REPORT AGENDP� 5.3 TIGARD PLANNING COMMISSION �`'` March 7, 1978 �`�;;�_ Page 2 5o The applicant is requesting a c�nclitional use permit to amend action taken by tlze Tigard 3'lanning Commission on May 3, 1.977, and the Tigard City Council on June 27, 1977, pertaining specifically to the "parking field" on the �amily Drive-In Theatre. 6. Staff has requested of the City's legal counsel how� th.is application should be handled procedurally. It was Mr. Bailey's opini�n that this appiication should be treated as ?'a whole new application. °1 7. The staff report for the May 3, 1977 Planning Commission meeting makes the following applicable funding: "Due to the mounding which is required to achieve the proper screen-car angle viewing, paving of the areas �.s not advisable; therefore, the required paving should be limited to the aisleways, entrance and exits." � Staff does nat find that there is sufficient supportive evidence �or reducing this requirement based on the applicant's submission� Sta.ff ' can appreciate the applicant's position with rega.rd tn the economics ��" of developing this parcel under the requirements of this condition, �,� and find that the Planning Commission's objective can still be accomplished by reducing the pavement standards in lieu af full City street standards within certain. portions of the site (more specifical�.y the "field area"}. HowevEr, those areas receiving the most use (perimeter d�ive and central aisle) should be required to be developed to City standards. II. Staff Recommendationss Staff recomm.ends approval subject to the £ollowing c�ndition: j 1. The perimeter drive and central aisle be improveci t� C"ity specifications and that the aisleways be improved and maintained with a minimum oil and rock surface. �. �- _. . , . _. , , -._. ... :... . ...::..:.. .. ...._ . . —�--:_ , � �I CITY OF TIGARD, OREGON � INTERIM STORMWATER DETENTION ORDINANCE Section l. Title This ordinance shall be known as the "Interim Stormwater Deten.tion" Ordinaxice of City �f Tigard, Oregon. 5ection 2. Purpose The purpose of the orc3inance is to reduce the harmful effec.ts of stor.mwater runof_f on streambeds, banks, parklands, private properties and other areas in the City of Tigard by requiring the installation of on-site stormwater detention facilities as properties are developed within the City. Section 3. Applicability The provisions of this orc3inance sha11 apply to any w�r.k fax which a sul�division plat, a site d�velopxnent plan and/or buildin� pe•rmit is required' and shall apply to any work requiring a permit f.or which othex changes in the land use are made which change i:he runoff characteristics. The provisions af th3.s ordinance sha11 �° apply in al1 uses under the Zoning and Subdivision Orciinances of �,,,,ji, the City. Section 4. Manual af Operation The Director of PubZic G�iorks sha11 prepare and set forth in the form of a manual, guidelines for compliance with the standarcis of 'r this ordinance. The manual wi1"1 assist those persons c•�ho are ry required to camply with the pr�visions of th:e Stormwater Detention ! Ordinance and miay �e secured trom the Gity of Tigard and sha11 be F followed unless otherwise speci£ied. The Planning Director sha11 ti. act as the agent for control and final approval af sr�tamitted plats �, and site develo;pment plans, subject to app'eal ko the PlanYiing Commission. The Director of Public Works shall act as the agent { fox control and final approval of submitted construction plans: {; .ai Section 5. Criteria �� 5-1 PLan Submittal and Modification oi Rcyuirements !J (1 Site, subdivision, and building plans submitted to the Plax►ning � Director will include plans and design calculations for each �� deten:tion facilfty proposed. Detention facilities shall be � designed so that they do not become health or safety hazards. In � the case that exact cnmpliance with the Ordinance would result in the tnability to use the land as it is permitted to be used by � - [; � i �; - {� t i f' � � s; i i " ° S k � t Interim Stormwater Detention Ordinance ; Page 2 V i h r i 'Lonizzg and Subdivision Classifications, Staff may be allowed � flexibili'ty in the interpretation and administration of the � ordinance as long as tha.t interpretation remains within the perameters of the intent of the ordinance. In the event the appl.ica nt disagrees with staff's i�iterpretation, he (she) may appeal to the Planning Commission for a determination. Upon determination, the Planning Commission may modify or vary the requirements of the ordinance to the extent necessary to a11ow some degree of permitted land use to exist in such a way as to maintain the maximum stormwater detention system. 5-2 Improvements on Developed or Undeveloped Areas ' (a) Whenever any work for which a subdivision p1at, site development plan or a building permit is required is undertaken on a developed site or previously undeveloped site, then the person or persons undertaking the work shall provide stormwater storage sufticient to store the diiference between the runoff from a 25 year storm on. the site as ful.ly developed and the runoff produced by a five (5) year storm from the site in its undeveloped state until such time as the required storage has been fu11y utilized. � The word "work" as used herein sha11 not include �'� insubstantial remodeling which has no impace on � stormwater runoff. (b) 4Jhene�er any said work is undertaken on a site which is located within the OnemHundered (100) yeaz flood plain, the person or persons undertal�ing the said work sha11 comply with the require- � ments of the City's flood plain ordinance; and in no case shall anything in this Stormwater Detention Ordinance be so construed or permitted as to �11ow a negative impact upon or impaixment of i the inkended effectiveness of the City's F1o�d Plain Ordinance (Chapter 18.57). The City Council is vested with the authority ` to interpret and rule therein. ; , 5-3 Maintenanae � A11 plans submitted for stormwater detention systems sh�ll describe � an adequate procedure of normal maintenance for the detention system. Any failure of the stormwater sysLem, due c� inade�uate normal or cagital maintenance, shall be the responsibi,lity of the i owner of the property on which the detention system is located. i Where a stormwater system is part of a subclivision, normal ; procedures sha11 be utilized for City Council acceptance for operation a�nd' maintenance of the system. It sha11 also be the property owner's responsibility to remedy any negligence in � maintenance that results in the fai'lure of the system. Periodic � inspection by the Public Works Department will be made to determine ; conformity with the ordinance. The submittal of plans for such a system or the purchase of property on which such a system is �..., _._� i! ,; �, ,� r;, {>; Znterim Stormwater D�tention Ordin.ance ;`. Page 3 i'' L ,. � � ��; located sha11 be deemed an acceptance of responsibility for ',' , normal and capital maintenance of the system. ��! �: Section 6. Penalty If an applicant is required to build and maintain a stormwater detention system and fails to do so, the development or redevelopment shall be considered an unlawful use of land and the applicant sha11 be deemed in violation of this ordinance, Any person violating any of the provisions of this r�rdinance shall Y�e gui.lty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100), nor shall it exceed one thousand ($1,000.00) dollars or up to thirty (30) days imprisanment, ar both� for each viola.tion. Where there is a continuing violation of this ordinanc;� from day to day9 such violation shaZ1 constitute a separate offense. Section 7. Severability If any provisions of this ordinance are declared to be invalid, s�1ch declaration shall not affect, impair or invalidate the �� remaining provision of this ordivance. Section 8. Effective Date �€ �� This �rdinance was duly considered and was adopted by the City '' Council of the City of Tigard, Oregon at its regular meetzng ';: held ori This ordinance shall be ;� in fu11 force and ef£ective 30 days.after ';y ,` • s; � r � � i : ; � � i : l € , �' I � '� , � (�ITY OF TIGARD, OREGON ORDINANCE N0. 78- � . � . � R L�1V ORD3NANC� AMENDING CHAP'I'ER 18. 57 �F THE TTGARD MUNICIPAL CODF BY � CHEINGING THE IVIAPS REFERR�D TO IN TIiE DEFINITION OF FLOnDPLAIN DISTRIC�', i: TT�US SUPERSEDING SECTION 18.57.02U (5) AS .ADOPTED BY OI�DTNANCE � N0. 74-50A, nECLARING AN E14ERGENCY, AND FIXING AN EFFECTIVE DATE. � � _ ______..�..__f_. � �i � THE CITY (JF TIGARD ORDAINS A5 FOLLOtiVS : � Section 1. : The City Council finds tha.t Section 1�. 57.0�0 (5) cle- �� fin�.ng th� F1aQdplain DistY•ict refers to contradictory �� fload plain informati.on, in that the U.S. Army Corps of En�in�ers i'; data is nat accurately mapp�d an maps, marked Exkzibit "A", aild t' titled, "FLOOD PI,AIN, " and otherwise descxibed as "HUD ?O1 Project i No. '13-�6-06, " plates number � and number 5. i� Sectic�n �T T�� City Council �lI3C�S that th�e maps marked Exhibit � � ~� '°A" a� c�escra.bed ir� Section 1 at�ove anc� r��erenceel in �� . k . . � _ , 18.57.020 (5) are . no�t the most de�tailed (large scale) znaps 4, _ �� available since the Ci�;y has quarter section topographi.c ma.ps with , 2 foo� contour interva�.s a�t scale 1 : ].00 �1"=100' ) whereas tk�e c� � ExYiiiait "A" maps are at scale 1 : 12,000 . � � r4. Section �: The City Cc��ncil fincls 1:ha� the Tigard Planning Depart- mez�t has develo�ed flood plain maps, marked Exhibit "B" and tita.ed "City of Tigard and Vicinity - En�ironmPn�al �Constraints" , which more accurately depict the :£]_oodplain infarmation of the U.S � � Arzny C,'orps o.f Engineers and ath�r �.gencies' at scale 1 :1.00' . ' 4i S�ction 4 : The Counci.l fur�her �inds that tlie National Flo�d In- `' surance Adrninistration has relied upon the maps mar�ed � Exllibit 'B" i.n the development of its maps for cie�term�.ning p�ope�°ty fi� �ligibl.� for federal.ly-subsidi.zed �looc� insux�ancc. �' ; �ection 5: In �urtheraxice of the above findings, the City Gouncil � hereby determines that SECtion 18. 5�.020(5) of the Ti.gard l. Municipal Code, is supersecied by thE following: �� ,•. (5) "Flaodplain District" means the Flood Plain Distxic,t is 4 defined as those areas within �the City of Tigard in- � undra.t�d by th.� on� ht�nclr�d yea.r reg�xa�tory :�_lood as sYiown � on n�aps marked Exhibi�t "k3" , �titl�c� "City of Tigax•cl ancl ( vicinity-�MVironmen�al. �ons�t.raints . " � Section 6 : In�,smuch aU floading in the �ity has on occasion caused j � signa.ficant praperty aiid :financi�.l losses �.nd laas threa:�- ' �n�d serious injury and l�ss of li:fe; and prevention ana r�duction of l � I . ,: .. .. ,.:.:,___...,�:�. � ._.�. _ . ..�:.,,__....:�.:�..�. _m�._:....� � _ _ _ . , _ � . � . ; �utui•e losses requires effective cont.rol over land us�s within �.reas subject to inundation; and such regulation requires reference to �, `� the most accurate information available, including maps; an emergency '`�-� is recognized to exist and is hereby declared and this or��in�.nce �' sha11 become effective irrunediately upon passage �.nd approval by the !i City Council . , I ;: :;: PASSED: By the City Council by vote of al1 Council member� present, after being read threE times by nurraber � and title only, this +�ay of , 1978. . R�corder - City of Tigard �IGNED: By the Mayor, this day of , 1978 i: - ':��w _, I Mayor - City o� Tigard P��.ge 2 Orciinance ?8 "x �`��•�