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Planning Commission Packet - 03/21/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. . _.__ , �, AGENDA TIGARD PLANNING COMMISSION March 21, 1978 - 7: 30 P.M. Fowler Junior High School - Lecture Room 10$65 S ,W. Walnut St . - Tigard, Oregon l . Call to Order: 2 . Roll Call : 3. Approval of Minutes : 4. Communications : 5 . Public Hearings : A . Staff Report B. Applicant 's Presentation C, Public Testimon,y a. Proponent ' s b . Opponent 's c. Cross-examination � D. Staff Recommendata.on �, E. Commission Discussion and Action 5. 1 ZONE CHANGE ZC 2-78 (Der-Hart) NPO 5 A request by Der-Iiart Associates f_or a preliminary plan and program review of a residentia:L planned development and a zone map amendment from R-7 to R-7 PD foi a 2 .20 acre parcel con- sisting o:� 2 single family and 12 single family attached units at 14070 S.W. Hall Blvd. (Wash. Co . Ta� Map 2S1 12B, Tax Loi; 1000) . 5.2 ZONE CHANGE ZC 3-78 (Century 21 Homes) NPQ 7 A request by Century 21 Homes for a preliminary plan and pro- gram review of a residential planned development and a zone map amendment from 1�-7 & K-15 to R-7, "Single Family Residential Planned Development" for a 19.62 acre parcel consisting of 20 attached single Family units a,nd 18 detached single family uni�ts at S .W.121�t and Katherine Streets (Wash . Co. Tax Map 2S1 3BB, Tax Lot 7200, 1S1 34C, Tax Lat 1200) . 5. 3 7,ONE CHANGE ZC 6-78 (Car1 Hector) NPO 6 A request by Carl Hector for a, zone map amendment from county RU-4 to city R-7, "Single Family Residential" , for a 1 .4 acre parce� at 15300 S .W. Pacific Iiighway (Wash. Co . Tax Map 2S1 lOD, Tax Lots 900 and 901) . I _ I AGENDA ,-;- TIGAI�D PLANNING COMMTSSION ' �;.: March 21, 1978 P'age 2 5.4 CONDITIONAL USE CU 5--78 (Carl Hector) NPO 6 ', A request by Carl Hec�or �or a Conditional Use Permit to operate a nursery wzth retail sales on a 1 .4 acr� parcel at 15300 S .W. � Pacific Highway (Wash. G'o. Tax Map 2S1 lOD, Tax Lots �00 & 901) . 5 . 6 SUBDIVISION S 22-77 (Nc�rth Star) NPO 3 An a,ppeal by Herman and Antanina Porter of the Planning Director 's approval of the North Star Subdivision consisting of 15 single family lots an a 5 .2Q acre parcel north of S .W. Gaarde St . and east of S ,W. Rose Vista Dr. (Wash. Co . Tax D4ap 2S1 3CD, Tax Lots 3700, 3900, and 4000} , 6. Other Business : 7, Adjournment : � � �� � � , ; _ . : _ � ;;, ��. —=- MINUTES ��. TIGAI�D PLANNING COMMISSION March 21, 1�78 Fowler Junior High School - Lecture Room .10865 S .W. Walnut Str�eet - Tigard, Oregon l . Call to OrdEr: Meel;ing was called to oreter at 7: 35 I� .M. 2. �t�ll Call : Present : Corliss, Tepedino , Popp, Quimby , Wood, Rossman, Sakata. StaFf ; Chaidez, Laws Excused Absence : Brian, Goldbach 3. Approva.l o� Minutes : The miriutes of February 28 arzd Mas�ch 7, 1978, meetings were ap- proved �s written. 4. Communic�.tions: None t�` �''� 5. Public Hearings : 5 . 1 Zone Change ZC 2-78 "Der-Hart" i A r�quest by Der-Hart Associates :for a preliminary plan and �r�gram review of a residential planned development anci zone I map amendment from R-7 to Ft-7 PD on a 2 .20 acre parcel which � would accommodate two singl.e family units and 12 single Family attached units at 1407� S .W. Hal1 Blvd. (Wash. Co . Tax Map ; 2S1 12B, Tax I,�ot 1.000) . A. Staff Report : Read by Laws B. Applicant ' s Presentation : �; .Bill Swen�on, 15�4 S .E, Hawthorne, �'ortland, Planning � C�z�sult�;nt for tire proposal, stated there were no pr�l�l.ems �;, witr �the staff report and, in fact, some of the stated changes w�uld k�e improvenxents in the proposal . , .Wood askec� �or clari�ieatian of the 12 single �amil,y de- ;! tached tznits, 4 ; .Swenson stated they were duplexes split down the middle. � ; � C. Public Testimony : � _ � None � , D, Staf f Recon�mendation : � � _' s � r � ' �. _, . ._.. , . , '- __ MINUTES TIGARD PLANNING COMMTSSION � March 21 , 197$ Page 2 Based upon basic .facts ar�d conclusionary findings , staff recommends that i;he pr�liminary plan and program be ap- : proved and that the general plan ancl program address the following points when. submitted: l . That the alignment of the spine road be revised so that the propertie� to the north and south are not adversely affected. 2, That the spine road be developed on a 50-foot right- of-way with 36 feet of pavement with meandering side- walks to be provided on 10-foot easements. 3. That a half street improvement on a 24-foot wide pave- ment and meandering sidewalk be provicled along the south property line serving all lots within i;he de- v�lapmPnt; a.nd that a h�,lf cul-de--sac be providec� be- tween lot� 13 and 14 and 1 and 2 at the east and west ends of the half �treet ; and that landscape islancis be provided within �he cul-de-sacs at such time as the remaining po�rtion of the street is developed on th� adjacent parcel . ��,� 4. �hat a tempor�,ry access (on a 24-foot wide surface) be providecl on to Hall Blvd. through the cvestern cu1- de--sac and that the applicant submit for general �lan approval a program specifying how this temporary ac- cess wi11 be closed at such time as the spine road is connected. 5. That a bikepath be provided between lots 13.-14 for a�cess to the greenway. 6. That lot 5 be revised to accommodate the necessary �etbac:k x�c�uirements. 7. That t�e west; property line o� lot 1 be reloca-ted to provide a minimum 15 feet from the rear yard se�- - back for th:e existing house and guest house. I 8. Lots 3 and 4 be single famil,y detached lots. 9'. That lots 4 and 5 have a 30-foot; setback al�ng the sp�.ne r.c��.c� frontage. � .Wood asked if �he price range of the proposed homes woul.d be $85,OQO tU $100,000. .J'eft Hartley, 6325 �.W. Boc�nes Ferry Road, s�tated they � would be in the range of �50 �00 to' 60 000. r $ , `. .� _ - -- - �� MINUTES TTGARD PLANNING COMMTSSTON � March 21 , 1978 Page 3 E . Commission Discussion and A�tion : i � .Tepedino felt since the applicant and staff agreed on ' imposed conditions, there was no reason to disapprove. ; .Corliss stated she saw no reason to deny. .Quimby stated the applicants were asking �or scnall lots ! and economical.ly appealing lower cc�st h:ousing alt�rnatives : but gettin� hi�her density which left little room for children to play. She felt it was the responsibi]_ity �� the �family and not :�i�he _community, and also asked if the land itself was the most expe�sive cost. .Hartlep responded the la.nd costs at $5,000 a�n. �cre were extremely high and co.nstruction costs were $32 a ioot . .Quimby asked i:f �.t was mo.re economical to build sma:Ller lots with land be�_ng the major cost. .Hartley s�;ated $60,000 to $70,000 is low cost housing, �,� and the media,n cost of a new home is now $?2,000. �,... .Sakata stated it was the intent of the NPO P1an �o allow � E� for maximum use �f these acres when the servi.ces w�re �,j ava,ilable, not; now. She also fe1�t it proposed a maxirrrum ! house size on a minimum sized 1ot. �� .Wood cited s�ta�f recommendation #8 and said the iots should .i be the satne size as lots l and 2 in order to support single family detached units. He asked to what extent the szna�ll lots lowered the price of the home. .Rossman ha.d �o a�;diti�nal curnments. .Laws recommended adding addi•tional language to the end ; of condition #8, "and have minimum lot size of 5,000 ,,; square :f eet . " `� .Quimby was concerned with the 32-fc�ot t-urning rac�ius in cul-de-sac . .Laws stated 40 �eet was accep�tabl.e with Washingtan County Fire D�pa.rtmezat, and that condY:tion #3 should rea.d, "a h�,1�� cul-de-sac with :a 40-foot �adius. ', �' -z� ,' .Wood moued for ap.proval ba�ed on staff findzngs and recom- �' mendations. Tepedino second�d, Vote pa;ssed. Sakata and Quimby voted "no'" . � �,, : . . . . . . . . . � . 4:-„ . . ' . . . . � . . � . � � , . � . � � .. . . . .... '::'�.. � . . . . , .. � . . . . . . .. . ..��};'. �, �� . . . . � ' � :�� :,� v ,.�� . ��. � .___ ....,. .�.:. . �._'-_ �. � : ��y. . , ' - .___ -- ... g- MINUTES TIGARD PLANNING COMMISSION � March 21 , 1978 Page 4 5.2 Zone Change ZC 3-78 "The Windmill" A request by Century 21. Homes for a preliminary plan and program revietiv of a residential planned development and zone map amendmer.�t .from R-7 and R-15 to R-7 PD for a I9 .62 acre parcel consisting of 20 attached and 18 detached single family units for a total of 58 units at S .W. 121st and Katherine Streets (Wash . Co. Tax Map 2S1 3BB, Tax Lot 7200; 1S1 34C, Tax Lot 1200) . A. Staff Report ; Read by Laws B, Applicant ' s Presentation : Herb Booke, Century 21, 1701 Blankenstaip Rci. , Weat Linn, , stated tize proposed plan wa,s in accordance with the 1971 Plan and NPO Draf�t : The densii:y woulci be three units per acre and the plan called for no mo�e than fou.r per acxe; the single f amily attached units which just needer� a line clrawn down the middle to show two ownerships; aIl lots are to be 5,000 square feet; there would �ie no home- owners associatic�n; there is no evidence that more speed- �. ing would c�ccur with street realignment whieh was c�one at the xequest o:� the school district ; aesthetically the present street alignment causes abutment to the open space; he read a letter �rom the school district about meeting the needs of rapid growth , and far improved visibility and safet� of �he community the ro�,d should k�e strai��tened; the cul-dt-sac was longer to avoid creating an i,ntersection with a tra:Ffic problem; less congestion allowed fox fire protection; this wasn 't a case of a developer making some- thing from nothing - the land is very useable -- tl�e marsh land is dry ei�ht months out of the year, there is lots of native flora anr� fauna in thP isolated area; tl�e c,ode says the purpose of a planned d�ve�.opment is the creation of more flexible and diversified land use whieh this plan proposes to do while economizing and using al'i avail,able btzilaable Iand. .Wood asked about the house near the windmill . .Booke s�tat�d it never did belong to the rest of the land, but to an individual who wished to preserve the rural quality of his home. .Tepedino askecl it the roa�i w�uZ� �c ccm�?Qted thror_�Fh the :Plood plain. ; � ,Booke answ�red yes, it �vas the plan of t.he school . ,Deb Fennell, o� Tigard School District , supported the relocation of KatherinP Street stating it to be safe as well as econo�nical, I MINUTES �` TIGARD PLANNING COMMISSION l�arch 21, 1978 Page 5 C. Public Testimony : a. No one spoke in f�.uox�. b. Opposition: .Bonni� Owens, 1245U S .W. Summercrest Driv�, NPO 7 Chairman , stated thzs wasn 't in compliance with the plans for the area, and that there hadn 't been time for a. meeting o� the NPO 7 members, but her objec�ions were based on previous meetings. She was concerned abou�t the number of a�L�tached single family dwellings and that they might be more highly concentrated than deemed appropriate; traffic flow through the site was a problem; access to thP isolated area was cumbPr- some; it was poor planning for all ur�its to be attached single family; the open s�ace p�.rk aie�. didn 't fit with the surround.ing area; tha•t NPO 7 members hadn ' t addressed th�mselves yet to the problem of realign-� ment of Katherine Street . �,,. .Phil Spiff, 11990 S .W. 1Zls,t , stated where Katherine Street ends is alareacly congested and overburdene�, and it would'be undersirable to add �to this ; Kather�ne Street would dead-end into houses creating an intolerable situal:ion; Lynn Street should be used as a bettex extension to the schoo L .Mr. Friberg, 12070 S .W. Ann, stated the attached houses weren ' t in keeping with the neighborhood. .Adam Sard�tz, 12020 S.W. 12Zst , stated the density was too high For the street cr�eating too many hazards . .Bill Risner, 12345 S,W. KathErine, was opposed to the ' duplex density and preferred the original desi�n, � .Ralph Butz, 12.170 S.W. 124th , eXpressed conc�,rn o:ver the effect on the creek and its flooding, � .Jim Asp, 11945 S .W. Katherine, also express�.r� a simi- � lar concesn. ' .Ann Shannon, 12165 S.W. 124th, stated it was presently �. heat�ti:ftil area, and hi�h density housing a� low quality would bring property values down . � .Len Kluffner, 121st and Lynn , objected to the added congestion of the duplexes. , ; � � , , ; I k MINUTES ' � '""` TIGARD PLANNING COMMISSION ` March 21 , 1978 ! Page 6 ; D. Staff RecommPndation: j 1 Ba.sedupon findings of fact an.d conlusionary findings, ! staff recommends denial . � If the Commissioners choose not to deny the application, ! then the staff recommends the following in order of ; preference : � � , A. Table the request pending resubmission of a prelim� �iary plan and program which addresses the concerns i�texated in the sta�� report . ; : B. Approve the preliminary plan and program and direct the applicant to submit a general plan and program which addresses the concern iterated in the staff report . E. Commission Discussion and Action: � .Wood stated it wasn ' t a P.U�.D. but a subdivision . .Laws clarifiea i�t; was four units per developable acre, a total of 44 units . .Wood agreec� �vith staff recommendation #1 that the area was subjec�t to flooding; that the cul-de-sac exceeded limits; the entire site needed a more special type pro- posal . .Tepedino was concerned with the cul-de-sac lengths, the i�norance of flood plain and retention of soils, the problem of where to put the increased runoff, the number of lots plotted in flood plain; �he extension of Katherine S��reet would require pontoons a,nd. was completely unac- ceptable. .Rossman ag.reed with staff .recommendations and was impressed at the number of people concerned with cong�stion . .Wood moved for denial k�ased on staff findings and the failure of tl�e prc�posal to address storm water detention. Rossman seconded. Nlotion was unanimously approved. 5. 3 Z'one Change ZC 6--78 (Carl Hector) A �equest for a 'zone ma� amendment from County RU--4 t� City � R-7, "Sa.ngle Family Residential" fox a 1 .4 acre parcel at 15300 S.W. Pacific Highway (Wash. Co. Tax Map 2S1 lOD, Tax Lots 900 and 901) . � .a . . � `"i MINUTES ��� TIGAkD .PLANNING CUrdMISSION � ` March 21, 1978 Page 7 A . Staf.f Report : Read by Laws B. Applicant 's Presentation : Carl Hector, 15300 S .V►'. Pacific Highway, stated he had purchased his praperty when it was county and at that time the nursery was acceptable to them. C. Public T�stimony : a. Proponent 's: No one spok� in favor. b . Opponent 's: No one spoke against . D. Staff. Recommendation : Sta�f recommends approval . E. Commission Discussion and Action : Rossman moved .for appr�val of the zon.e change from RU-4 to R-7. Wood seconded. Motion was unanimously approved. � ` �'" 5.4 Conditional UsE CU 5-78 (Carl Hecl;or) A request by Carl �iector �or a Conditiona.l Use Pe�:mit to operate a nursery with retail sales on �. 1. .4 acre �arc�Z at i530U S .W. Pa�ific Highway (Wash. Co . Tax Map �S1 lUD, Tax Lc�ts 900 and 901) . A , Staff Report : Read by Laws Ii. Applicant 's Presentation : .Ga.r]. H�cto.r, ].5300 S.W. Pacific Highway, stated he would sell no peat znoss, bu.t would have s�me for his own use and would se31 some pZant accessories; explazned access and egress plan; questionec� screening nsed. .Laws stated the sales area was the pot�li�tial problem and the intent w�s not to dis:play randorn articles but tha;t ' staff was concerned with so.ftenir�g the visual i.rnpact from Pacific Highway. .�Hector stated he would have a fount;ain in front anc� since ' he lived therE, it would be ke�t tidy and the screening would be okay, , ":,L��;ws stated that staff was aware o.f the app]:i�ant�'s inten� �'� to ];az�dscape, but: the sales area could result iz� a o'= p tential eye sore i� not �roperly sc'�een.�d. l �:� . . - MINUTES ��'�` TIGARD PLANNING CQM�ISSION March 21 , �9?8 P�.ge 8 .Wood askPCi if the narth exit was far personal us e. .Hector s�ated it was a safety tY�ing, .Rossman ask�d wha�; typ� of �quipment would be sold .�iector answerecl insecticides, pe��icides; no whePlbarrows fences, etc. , .Rossman fe7,t it to he an at�ractive use o� a curr unattractive land parcel , ently � � � ���i .Wood asked wha� other accessori�s would be sold. .Hector stat�d small items unlikE Fred Meyers. C. Staff R�commendatian: I3ased upon .findin�s of fact ax�d conclusionar fz staff. recommends approval with tYie followin y ���ngs, 1 . T�a� a la,ndsca e g condit:ions ; �,. and t}�e sal � plan be submi-�tec� 1;o desi � es area atad gr�,�yl� gn review, g are�, he screened. �• That saleu be limited to accessory p�oduci;s ��uch sla�`t ma�erials (i .e. , no ment) . p�at mass, gardening equip-. 3• That an access easement be Highway fxon�age which wauldraccommodategeitnerathezG development o� a frotitage rc�ad or combined cu,r}� cut with the adjacent prope,rtYes . D. Rebuttal : .C�rliss asked if �he neig�,bor �,gx�ed� to sharin w�'y. g the drive- .Hec�tor answPred the owner lived i.n Seattle and h re�ponded t� his letters and didn �t care. a�n 't �. Commi.ssion Discussion and Action ; ..I�oPp sta,teci i�t wa� a logi.caz traf�ic flow and he co�nplete agreement. was in : , ;: �Wood �elt the screening should be dele-kPr� ;n ��� � � area,s r��r.di�ic�� �I� • � la.ted plant i n s e�t i c i d e sndition #2 shnu�a a d d "a n dA.r exn� : the exit on the encl due to the shape�o��the�tzld retain � �i and recommend�d adding to conditian ,r traf�ic �loW FF` may retain the exi� a� the north enc�#�� Pacif'ippKicant 11 E ghway, �;M; � s; �.; �;_ j�: � . � . . � ':f 't ..r:-. 'i�C` F �' '' . ., ,. �, a.. .� .,. �..:' . .. . .. ... . .. . . . . . �� ., . .. . . � . . . . . . . . .. . . .. .. ..�...... � I ��� ��1 li � t�, l MINUTES '' TIGARD PLANNING COMMISSIC�N '•' �� March 21, 1978 �� Page 9 ';;� ;`I .Staff stated that screening around the growing area `' r should be providEd to protecl; the prope.r�y rights of the �j adjacent parcels. .Sakata required open storm dra�.nage be piped and covered. .I�aws stated the State Ha.ghway Department must agree. �'; .Wood inov�d for a�?proval with staf� recommendation and findings and with the additional. language under conditions `II'' #2 and #3. Rossman sECOnded. Motion was unanimously approved. k' 5. 5 Subdivision S 22-77 (North Star) � An appeal k�y Herman and Antonina Parter of the Planning Di- � . rector s a roval of th.e North Star Subdivisiorz consistin P� g of 15 single f amily lats on a 5. 20 acre parcel north of S .W. il Gaa.rcle St . and east of S,W. Rose Vist;a Dr. (Wash. Co . Tax 114ap 2S1 3CD, Tax Lota 3700, 3900, and 40Q0) . � ; � A. Staff Re�ort : Rea� by Laws �� �,,... ; B. Applicant ' s Pre�entation : ,Herman Porter, 11875 SoW. Gaarde , Tax Lot 3800, stated he waa happy to see the develo�ment , but was concerned . aboixt how i�t was done; ask�d why the greenway as spe�ci�ied � in the NPO �'lan was nowhere ref.erec� to � they wer� anxiou� � to Extenc� it to maintain the charaater of the neighbor- i hood; the lot plari was made for flat land - this site is steeply s7.oped - a canyon; the required hal.f street im- i provement w�uld force homeowners to deciicate 5 f�et of � th�ir front y'ards on an already busy street; safety of ;I children should be th� main concern; the applicant shoulc� have go�;ten the necessary right-of-way at the time of � . II initial construction of loi�s 3700 and 3800. He suggested � the dedication portion be stricter , a .Linda Anderson, 118U5 S.W. Gaarde, opposed the d�velo�a- j . ment as it stands, citing impact on traffic as Gaarde is currently overloaded and Terrace Trails extensian would I increase it; the greenway should be retained for environ- j mental purposes; homes in this area wouldn ' t be a�ile �to withstanc� a,ny rain; agreed that giving up 5 feet of the � front yards on Gaarde would be intolerable to those home- owz�er� . � � .Bill Lamp, iZ9�5 a.ti'r'. uaU.r��, felt a ea�e±y h��arc� would be created with access and egx•ess to Gaarde ; th� consl;ruction ' of a road ac.ross the street would be a problem; water runoff was a problem. ; 11�i T NUTE S . TIGARD PI�ANNING COMMISSION � March 21 , 1978 j Page l� i � ��, .Ted Fulmer, 11600 S.W, Terrace Trai.ls , o�poseci based �, on drainage problems, destruction o� possible greenway; �; disruption of natural flow of stream citin� the sta�f k' report which stated n�,tural draina:ge was more effective S' than : man-made; the steepness of t,he area. F'ulmer also stated while visiting the site on Sunday, March ].9, lie observed raw sewa.ge in the creek which he thought was from the Rose Vista D�vel�pmen't. .Gary Ardenmore, 1165U S .W. Terrace Z'rails Dr. , statec� opposition i:o Terrace Trails extension as it was not physically f�asible or practical and it would su'bstantially ' al�ter, detrimentally, the Te.rrace Trails nsighborhood; the 85 children on the street would be exposed to increased danger from trai�ic; the exit to Gaarde would be haz�,rdous, �. .John Kempe, 11695 S.W. Terrace Trails, sta�ed the road wauld encxaach upon. his �roperty. : .Ardenmore conti�ued t� cite human �actors o� Terrace Trails which would be �.ltered; the emer�ency acc�s� was � currently adequat�; two couples had ch.eckeci with City ; Hall at tYie tirr�e of their purchasing homes c,i� Terrac� � z,.; 7yrails and were tYien tti�ld the str�Et waulcl. never be ex- � t�nded. >� ,j, i;i .Mr . Elbn had a l.etter �:a �resen�t as k�� wa,s opposed but ,';; no�; in. town. to attend the meeting. ' r� ;:; <a .Mrs. Steml�r, �.1525 S:�W. Terrace Trails, stated she had ; ' checked with City Hall to veri�y that Terrae;e Trails would I never ga througlz. ; ; ..David DeHavPn, �:3735 S.W. �!�air�iew Ct . , was concerne:d ;'„ with safety, i�c�ise pollutioYa, soil exo�ion, and the zmpact on the natural woods. ` ', .,Alan ftuderma,ri, 1.1F�30 S.W. Terxace Trails, opposed c��ti.ng incr�ased traffic and child safety, ' , t�" ,Doug Vakoc, 11610 Terrace Trails, felt the ar�a should be park, '•;� .Pha.l Spencer; 11765 S.W. Gaarde, stated drainage, 5-foot t��� ded,ication, and tree �°emoval were reasons to oppose. ;;i ; � � � �.:i .Sharon Zumwalt , 10655 S .W. Path�inder, said �the main prob�em ; j was the proper use of culverts. ' i ��''_�-.,� � . �� � � � �.. .� � .� ., k , �:�.141itc�� Pa�;,s�al�, 1�6�� S .W. Tprrace 7'.r, �.ils; found fault C ' wi.th the staffi report cond:ition #6 which stated the east 1;:' side was single family while it is actuall,y 'greenway. �,� ,: s;,; � �., � . , , � x . _; ,, �,� �� . , .,. ,.,. . . __ �''<: _ �, � f . �, �� � MINUTES !` �' TIGARD PLANNING COMMISSION f, March 21, 1978 Page 11 ;� .Nancy Stemler, 11525 S .W. Terrace Trails, stated the plat was incomplete as presented according to Section 17.U8 ,0�0 of the Subdivision Ordinance; that there were alternatives to this plan and it would be a great park site. She asked that all p�ople in opposition stand up . .Antonina Porter, �.1875 S .W. Gaarde, felt it should be greenway and the bike paths should be finished . .Lewis Bacon, 12035 S .W. Rose Vista, felt the plan a.fforded '� no privacy. Oppo�ition : .Ja.ck Ritchie, Waker & l�ssociates, :105�0 S .`Y. Allen �lvd. , expressed much concern: 1/the slope from Gaard.� to the cr�ek b�ttom was less than 12%; 2/the plans for fill would be done by a regis�terec� en�ineer. , there would be an area to ietain water and no greenwa� p"lan had been required; n' . �_, 3/Ter.race Trails was laid out to connect tPirou�h, and the street did abut the lots �.nd it wasn 't a norma.l situ- '` �� ation, 1;hey would easily realign the street with the plu�s, 150 trips per day would be generated - the 50 foot right- 5 of-way was standard �or a sub�ivision. �,. .Dave Schu].z, 8110 S .W. Thorn, agreed with Mr . Ritchie. ' .Laws clarified. that the envi.ronmental design and open space plan prop�ses a bike path to termimate at the north- east end of Terr.ace Trail's due tc� terrain; the 45-�oot , radiii.s on the cul-de-sac, at the end of Terrace Trails Drive, was anly temporary; the cul-de-sac was well over 10n0 �eet which is much longer thaia i:he allowed length for cul-c�e-sacs; he rea,a a letter from the fi.re marshall stating the danger i.�. keeping Terr�,ce Trails dead-erid. ' i D. Staf� Rec�m�nendation : �'"' Based on findings of fact and conclusianary findings, `I sta�f recommends that the �reliminary plat for "Nor�th ,' Star" subdivision be approved subject to the following ',j conditions: ;� ���+ 1 . Five-foot dedication of right-of-way along the S .W, ;�I Gaarc�e StrPet frontage. �j �� � � � �� 2. That a half s�treet improvemen� for half of a 34-foot `� street section be madz fram tYie sou�h:=.leCt ��Y't1?:C` �� �� Tax Lot 3800 to the southeast corner of Tax Lot 3600 i;� c,, : �,� �;� �+, �^: �r- ,: . . � �. �...� i MINUTES �<{,�. TIGARD PLANNING COMMI.SSION � March 21, 1978 � Page 12 6 ti along the S .W. Gaarde Stz�eet frontage, delel:ing sir�e- � wal�s �or Tax Lots 3600, 3701 , and '3800 if additional � right-of=way cannot be obtained. from the property �a own.ers o:E thes� p�.rcels. No building permits wil7. be issued until construction drawings have been. approved � by the public works depa.r�ment anci the necessary � bond filed. `,; i;! 3. That the street plug at the south texmznus c�f S .W. Terrace Trails Drive be vacated. �? 4. Thai; fire hydrants be placEd as per Tigard WatPr District and City o� Tigard regulations. �# 5. That easenaents be provided according to public works '� department specifications _Eor water cour.se an.d utilit Y i;' purposes. G. That street trees in accordance with the Design Re- ; view Board appr.oved list be placed a,long S.W. Gaarde S�treet and S .W. Terrace Trai7,s 3�rive wi.thin the sub- °` ` ' � division; anc� that a street tree plan be submitte�t '. � far design review approval priox to app.roval of �he �y �inal ,plat . ''� � 7. That a. storm watex plan be submit�eci for public works ;� and bu�lding departmen� appx�oval w�iich meets standarc�s ,� e�tablished by the City of Tiga,rd Interi:m Storm Water �i Detenta.c�n Ordinance � =';j , 8. Permits be obtained from Wa,shzngton County for street improvement purposes on S.W. Gaarde S�r�et . 9. That �treet grac��s not exceed 12 per cen#; anel that ma�terials tp k�e used in the t.r.aversing o.f t�e natural '�I � i drainage swale be subject to pub�ic works and planning department approv�ls. 10. Actual location of �the septic tanks ,and drain:f.ield ' fo.r l�ts adjacent to the west pxoperty line of the ;.;`` plat be de�ermined. If any of those l.ot ' s drainfields l�.e within th� subdivision plat, then no' construction `` shall tak� place in that area of the plat until suc,h � time as those adjacent parcels are connectad to public �. sewer. �� . �� ?��: � � 11 . That sidewalks be constxucted �djacent to the propertq ` ��; � 1ine . r =; � `; R�'BUT�AL . �'.;: � �.Ramsdale s 'r,aied ihe s�i:r�et w�uld i3avi; t� be rea].�.gn:;d ws there is c�nly 25 �eet o� pavernent r�here the tw� subc�i:visions ��� �,f, �� .�.;..,:: . ,, . i ; .; I ;;s i ''i MINUTES TIGARD PLANNING COMMISSION March 21 , 1978 Page 13 meet; the creek bed shoul.d be greenway; are they extending • Terrace Trails or making it a through street; the two sub- divisions could have 'adjoining cul-de-sacs to facilitate emergency access while not actually creating a throtzgh street . .Mr. Schulz stated the drawa.ng contradicted the statements af no homes in creek bed. .Stemler had a copy o� Planning Commission minutes from September 3, 1974, pertaining to subdivision v�ariance and � cu�-de-sac lengths . , .Tony McCasline, 11570 S .W. Terra�e TraiZs, asked if Mr. Laws was pres�nt when Mr. Bolen spoke 1;� r,�rs . Stemler�. .Laws said "no" and statec�. tYa� subc�a.vi.sion was requi.red to have a 40-foot righi;-oi-way on a 34-foot surface. E. Cornmission Discussion and Action : �_ ' .Sakata felt it should be sent back �;o deve7.op�r. .C�uimby agreed and fe1� all subdivisi.ons should come before �the Plamning Coinmission . .Tepedino felt notenough information was p.resented about some ma.jor issues. .Gorliss .recommended tabling unti.l moxe informati�n i� re- q�uired, .Rossman ha.d no additional comments. .Wood questioned its approval by staf� and it should be treated as a P.U,D. ; thex� was a serious prc�blern with land and neighbc�rs; t�ie sut�diva_sion ardinance do�sn 't give staff the c].out required to .address these issues; it was a unique � paxcel with peculiar problems ; the gr.eenwa.y should be in- coz�por.ated and, trade-offs made; drainage probl�ms should } be a.pproached witrl full co�rirnunity participation . € �' .Pop� agre�d witYitiVood and the feelings oF the residents; �' couldn ' t c�nc�ive o� the Pl.anning Commisai�n a.ppraving a, � cul-de-sac �f that length without thinking it wou�d be � �xtende.d. �. � I �Wood moved upho.lding of the appeal un'til the Commissi,on re- � �,, quixements be brought foxward as a P.U.D. , , .Rossman seronded. Mo�ion was unanimousl a � y pproved, � r. �jY � � . .. . .. . ... .. .�,t , . ..., , ,�, . ::, , ... . ... __ .... �. . . :.�. .._ , %:. Sx'� .. . .. . - . . . ---.. MZNUTES TIGARD PLANNING COMMISSION �� March 21 , 197� Page 14 6. Other Business : Killian PD ( "Minor Change" to Planned Development) .Laws presented building design change being proposed by the ap- plicant . .Harold Musaka, 2051 S .W. Blurne Street , Lake Oswego , stat�ed he had been assured by the Fire Marshall that the proposed building desigri wouldn ' t impede access; woul.d aid in 1>heft protection and answered the tenan�:s; would use the rear access road. .Wood questiGned their concern with the employees traffic. .Popp felt eliminating the zig-zag design would result in increased congestion . .Laws stated it c�as the minimum 24-foot width for a drive and w�uldn 't allow for, any parking between building #3 and the property 1ine . .�uimby stated the developer would only hux�t himself with the builc�- �,� in� design . t .Wood statec� i� was a matter of judgment whether the occupants wi.11 protect themselves. .Tepedino said th�re �vas a built in self-regulatory item. .Popp stated it was okay foi the present tenan�t , but favored thP zig-zag to expedite m�ving and handli.n.g. .Ruiml�y moved �or approval based on the failure to create problems for the city or suxraunding area. Corliss seconded. Motion passed by a 5-� vote; Sakata ancl Po�p voting "no" . SuUdivisions before Plannin� Gommi;�sion: .Quimby questioned sta�:f 's a�uthority over subdivisions . ,Wood stated that 2fJ go through for every one that falters, and tao much time woul.d be spent on routine proposals, .Quimby q�estioned appeal. time and notification. .Sakata wondered what wc�uld have happened if the Porters hadn ' t appealed. � .Quimby �elt staff hP.ld too much power . ,Pop� cited the. ez�istence of safeguards to stop inept `developments;' .Quimby moved that the P1ar�nin� Commission hear all subdivisio:ns l7;y d;Cllel1CAil,l�, �ii� Oz'�3.iiaiii,c a.I2� �a.�CG�.1R6 �Yl° '�L�e�;�.±'1�?2 nf th�? � . . . ...�...��I d MINUTES ��; TIGARD PLANNING CQMMISSION �', March 21, 1978 � Pag� 15 Planning staff. Rossman seconded the motion . Motion failed by 4-�2 vote. Rossman ,anc� Quimby voti.ng ,yes ; Sakata abstained. 7. Adjournment : Meeting adjourned at 12 : 30 A.M. ' '-;; , �. ' �, �� �. .,� = , ,�.. ;:: . ;::� �, PUBLIC NOTICE TIGARD PLANNING COMMISSION � March 21, 1978 - 7: 30 P.M. ; Fowler Jun�or High School - Lecture Room 10865 S .W. Walnut Street -- Tigar�i, OrQgon 5 . PUBLIC HEARINGS : 5 . 1 ZONE CHANGE �C 2-78 (Der-Hart) NPO 5 A request by Der-Hart Associates for a preliminary plan and program review af a residential planned development and a zone map amendment from R-7 to �,-7 PD for a 2.20 acre pa;rcel consisting of 2 single �amily and 12 single family attached units at 14070 SW Hall Blvd (Wash, Co . Tax Map 2S1 12B, Tax Lot 1000) . 5 .2 ZONE CHANGE ZC 3-78 (Ceritury 21 Homes) NPO 7 A request by Century 21 Homes for a preliminary plan and program review of a residential planned development and a zon� r��ap amendment from R-7 to R-7 PD for a 19 .62 acre paicel consisting of 20 atta,ched single �amily units and 18 detaclaed sin�le fa.m�ly units at SW 121st and Katherine St (Wash. Co . Tax Map 2S1 3BB, Tax Lot ?200, 1S1 34C, Tax Lot 1200) . 5 . 3 ZONE CHANGE ZC 6-'"18 (Carl Iiector) NPO 6 �_ A request by raxl H�ctor fox� a zone map amendment from aounty Ru-4 to cit� R-?, "Single F`amily RPSidential" , for a 1.4 acre parcel at 15300 SW Pacific Highway (Wash. Co. Tax n�ap 2S1 10D, Tax Lots 900 and 901) . 5.4 CONDITIONAL USF CU 5-7f3 (Carl Hector) NPU 6 A request by Carl Hector for a Co�ditional Use Permii; to operate a nursery with retail sales on a 1.4 acre parcel at 15300 SW Pacific �Irghway (Wash. Co. Tax Ma� 2�1 10D, Ta� Lots �JQO &901) . 5.5 SUBDIVISION S �2-77 (North Star) NI'O 3 An appeal by Herman and Antonina Porter of the Pla.nnin� Director 's appro�al of the North Star Subdivision consisting of 15 single family lots on a 5 .20 acre parcel north of SW Gaarde St and �ast of SW' Rose Vista Dr (Wash . Co . Tax Map 2S1 3CD, Tax Lots 3700, 3900 and 4000) . �11 persons having an interest in the hearing matter are invitec� to appear and submit oral and wri�tten testimony or submit wxitten testimony in advance of the mes�ing. Publish TT 3-8-?8 � � _ > - . � � . PUBLIC NOTICE TIGARD PLANNING COMMISSION March 21, 1978 - 7: 30 PM Fowier Junior High School - Lecture Ro�m 10865 SW W'alnut Stre�t - Tigard, Oregon 5. PUBLTC HEARINGS : ' 5. 1 ZOr1E CHANGE ZC 2-78 (Der-Hart) NPO 5 A request by Der-Hart Associates fox° a pr�liminaxy plan and program review of a residential planned development and a zone map ac�endment from R-7 to R-7 PD for a 2 .20 acre parcel con.sisting o� 2 single family and 12 single family attached units at 14070 SW Hall Blvd (Wash. Co . Ta� Map 2S1 12B, Tax Lot 1000) . 5.2 ZONE CHANGE ZC 3-?8 (Century 21 Homes) NPO 7 A request by Century 21 Homes for a ,prelimin�.ry plan and program review o� a residential planned devElopme�nt and a zone map amendment from R-7 to R-'7 PD for a 19 .62 acre parcel consisting of 20 attached single family units and 1_8 detached single family units a�: SW 121st and Katherine St (Wash. Co . Tax Map 2S1 3BB, Tax Lot 72t�0, 1S1 34C, Tax Lot 1200) . �� �., 5. 3 ZQNE CHANGE ZC 6-78 (Carl Hector) NPO G A request by Carl Hector for a zone map amendment from county Ru-4 to ca_ty R-7 "Singl.e Family Resi.dential" , fo:� a 1.� acre parcel at 153Q0 SW Pacific Highway (Wash . Co . Tax Map 2S1 10D, ' Ta.x I,ots 900 and 90l) . ! i i . Al1 persons having an interest in the hearing ma�ter are invited to ;a appear and submit ora�. and written testimony or submit written testimony in advance of the meeting. � Publish TT 3-15-78 � 'i (; }; � � � r, �� ���t ;. , �� � : _ _ _ � STAFF REPORT AGENDA 5 . 1 ,� TIGARD PLANNING COMMISSION �,:;, Arlarch 21, 1978 F'owler Junior High School - LPCture Room 10$65 S .W. W'alnut Street - Ti.�ard, OrP�on Docket : ZONE CHANCTE ZC 2-78 "Der-Hart" RequPSt : For preliminax,y plan and pro�ram review o� a residentia� plann�d development and z�ne map amendment from R-7 to R-7 PD on a 2 .20 acre parcel wh'ich would accommodate two single family units and 12 sin�le fa;mily attached units . Location : 14070 S .W. Hall B1.vd. (Wash . Co. Tax �a� 2S1 12B, Tax Lot 1000) . Applicant : Der-Hart Associates I . B�.sic F�.cts: 1 . �.Che site is clesignated ar� the NPO #5 Plan Fo.r eight dwell- ing units per acre on the east side o� the s,pine road and six dwelling units pe.r acre �n the west side of the spine road. It is curx�ently zoned R-7, "Sin�1e Fa:nni.l,y Residential'' . 2 . Applical�le objectives �rom the NI?O #5 �lan .for t;his axea �= (referred to in the NPO Plan as the "Boiiita Triangle'') are the :following: a. Est�.blish an overa..l]. density which can economically support lower cost h�usin,� alt�rnatiyes while xl�t ov�r- taxin� the requi.red public ,faci�.ities and services . b . Maximize the benefits �f the apen s�ace �ravided iay '� the Fanno Creek �lood plain and the bu�fering e�fects � o� its vegetative c.ovear. � c . Provide pedestrian J:inka,ges to the axeas of usak�l� open. ' space. �I , d. Pxovicle vehiculax access which ser�es all. pxoperties � while minimizing con�lict points on Bonita and Hall . , � _ -, e . ProvidE �or a diversity o� housin� types and densities. 3. Sec�ion 7.8,56 .03.0 of the Tigard �unicipal Code states ; � The purposP of the planned development; district is to pro-- '; v�,de opportunities to create mo�e desiraba.e environment;s I tl�rou�h the app3ication o� �lexik�l� and diversi:�ied land devel�pment standards under a comprPhensive ,�lan and pxo- � gram professionally,pxe�ared. The pYanned development district is intended �o be used to encourage the a�plic,at�on o� new' techniques and new technqlo�y to c�o�nmur�i:ty develop- ment which wi11� resu3.t in �super�.qr living� or devel,�pr�ent ar.rangetnents, with la;sting: va�lue�. ,. T� i��� ,fur�he.r in�ended to ach`ieve economies in 1anc� devP���ment , rnainteran�e, ; _ _ STAFF REPORT AGENDA 5. 1 �+� M�.rch 21 , 1978 Page 2 street systems and util.i.ty :networks while providing building groupings for privacy, usable and attractive open spaces, safe circulation ana the general well-being of th,e in- habitants. 4. Section 18.56 .020 provides for preliminary plan and pro- gram review by the Planning Commission and requires that such review be based upon the comprehensive plan , the standards of this title, and other regulations and the suii;ability of the proposed development in relation to the character of the area. 5. The site gen�tly slopes from west to east with an elevatioii o� 174 feet at Hall Blvd. , dropping to 150 feet along the east property line . The western portion of the site is open with several accessory buildings which belanged to the home located along the western praperty line . The eastern hal� of the parcel is cov�red with a scatte�ing of alcier a�ncl spruce trees, Surrouriding .land uses ar� vacant parcels to the south and east , single fami.ly residences and �arm ].and to the n.orth, and to �he west and acr�ss Hall Blvd. residential homes . �� 6. The site plan indicates that 2 detached and 12 attached �:i.ngle fam.ily u�iits . �vould be developed on 6825 square foot and 4200 square foot lo�;s .respectively . The applicant jtzstifies the variance of th� lot szze on the basis that �the NPO Plan allows tlle higher den,�ities and smaller lots and, th.erefore, would be in conformance with the p1an . However, he ha� not given any reasoning for locating attached single I family units on the west side of th� spine (lots 3 a.nd �) . �� It would appear that the width o� lot 5 is not sufficient 'i to meet the necessa.ry setback requi.renaent. � , 7. The spine r.�oad a,s propos�d on the a.pplicant 's site plan is shown. having a 60-foot ri�ht-o�-way, The City has required the developer of �he Waverl,y Meadows Planned Development to the southeast, to develop the spine road on a 5p-��ot right--of-way witkz meandering sidewa,lks to be provided on ea,sements. 8. The applicant is proposing two 3a foot wide access drives, ane al.ong tYie southwest prope.rty litie sexving lots 1-4 with a temporary access/egress out onto Iiall Blvd. The sec�nd access drive serves lots :i-14 and ends in a cul-de--�;ac with a 32-foot radius. 9. Staf:f finds th.at based. upon the appl,icant 's prr�j�ction o� � the spin� road (nor�th and south} some properties ma�r be adversely effec�ed. More specifically, the home on Tax Lot ?U0 (two lots north of the development) would have li�i;le, i.f any, setback if the road wexe extended as- �rojected. The property imm�ediate].y south (.T�,x Lot 1000� would h.a�ye a po�•�icn of that parcel �.ost �,s'buildable land becaus� , ; STAFF R�PQRT AGENDA 5 . 1 �<�� March 21 , 1978 F�age 3 o�f the proposecl ra.cli�zs of the ro�,d. This situation cou].d be improved by changing the proposed angle of the spine ; roaci. In additian, staff �inds tha� if the access dri�re serving lots 5-14 were located along the south property 1ine, the adjacent parcel when developed could access off this street and ]zelp avoid additional curb cuts along the spine road. lU, �'he subject site is bordered on the north aiid eas�t by the Fanno Creek Flood Plain . By p.roviding a bikepath easement at the easl:ern end of the si�te pedestrian access to the green- way could occur. 11 . On Oetober 3, I977, the Tz�ard Planning Directox° approvzd a minor land partitioning request (MI,P 10-77) whick� p�.rtitioned a 9773 square foc�t 1ot out a�f t.h.e subject parcel e The site plan f.or that partitioni.ng indic�.ted the �lacement o� alI �tr.uc�f;ures (including the house, garag�, and guest house) having a minimum rear yard setback of 15 feet . '1'h� applicant ' s site pla.n sh�ws the guest house almost xight on the pro�ert� line o�' Lat 1 and the main house having �, only a 10 foot seti�ack. II9 Conclusior�axy Findings : 1 . The request conforms to the density x°equir�rr3ents of the NPO #5 Pl�,n and incorporates the propas�d spin� road which wzll eventually become the major access road :far these properties . 2. The develop�nent c�f attached ui,ngle family units on the eastside o� the spins road would pr�vide �ar � lower cost housing alternative and divexsi.ty of housing types . How- ever, 1:ocating sin�].e �ami.ly d.ttac��d un4i;s (1.Uts 3 and 4) west of the spine r.oad would not a,c�hexe to the objPCtive af thE NP0 Plan wh.ich is to have th� spir�E road sexve as the t�ansition point between land uses. �� 3. By changir�g the s�ine road and pxovidin� access tp iots � �. . 5-14 al�ng the south property line, a nn�re ef�i;ci�n� use ; af tl�e land and a sa,fer tra�'�'ic circulation pat<tern can be f ach.ieved as wvell as protecting exi�ting hoznes and txees � to the north an� soutYa �f the development . � ; 4. The west pr.ope:rty li.ne of lot 1 does nat �efTec� ths minor ; Iand partitioz�in� that was approv�ed by the city. Therefore; � the relocating of the west property line o.f lot 1 would be � � necessaiY• E . ITI . Staff Recommendation: � � , , �ase� �uper. basi.c f�,uts a�d c�ncausiutia�=y ii.�i�itigs, sL��.ri recom- ; I � f ,,;� �_�•.. - _ .. . � STAFF RL+'PORT AGFNDA 5 .l ��, � March 21, 1978 �. ' Page 4 :nEnds that the preliminax�y plari and pro�;ram be approved an.d tllat the general pl�.n and �rogram address th� �oI]:owing points wk�en submitted: 1 , Thatthe alignment of the spine road be revised so that the prope�ties to the north arzd south are not adversely affected. 2. That the spine road be developed on a 50-�oot �ight-of- wa,y v�ith 36 feet oi pavement with meandering sidewa�:ks to be provicied on "10-�oot eas�ments. 3. That a half �treet improvEment. on a 2g-foo�t; wide pavement ana meandering sidewa.l.k be provided a].ong the south property iine serving all loi;s within tlie developmPnt ; and that a hal� cul-de-sac be provi�ed between lots 13 and 1.4 a?ac� 1 and 2 at the east and west ends of the half stre�t; and that landscape islands be provid�d within the cul-de-sa�cs at �uch tims as �the remaining portion crf. the �trePt i� ; c�eveloped on the �,d,jacent par�i:,E�. . 4 . That a temporarp access (on a 24-f�o�.t wide surface) be prov�.ded on ta Hall Blvd. through the western cul-de-sac and that the applicant submit fe�r general plan ap�r�val a ' � program specifying ho�v this f:emporary acc�ss �wi11 be closed �" �,t such time as th� spine road xs corrnected. 5 o That a bikepath lae provid�cl kiei;ween lots 13•-].4 �or access to the �r�eniva,y . 6. That lot 5 be �evised �o aecoznmoda�te the nec,essary setback rPquirements. 7. That the west property line ;of �ot 1 be relocated to pro-- vide a minimum 15 feet from th� rear yard setback for the exis�ing hou,se and guest house. ` ' 8. L�ts 3 and 4 be sin�le family detached lots. 9. That lots 4 and 5 have a 30-:foot �Ptback alang the spin� ro-ad f�ontage. � s�rAZ�r R�po7�m AGENDA 5 .2 ,�"`Ar�' TI�ARD PL�ANNING COMMISSION � March 21 , 1978 Fowler Junior High School -- Lecture Room �.0865 S .W. Walnut Street - Tigard, Oregon Docket : ZONE CHANGE ZC 3-7E "The Windmill" �,equest : For preliminary plan and program review of a residential planned development and zone map amendment �rom R-7 and R-15 ta R-7 PD for a 19 .62 acre parcel consisting of 2C1 attach.ed and 18 detached singl� familp units for tatal of 58 units. I�ocation : S .W. 121st and Katherine Stre�ts (Wash. Co . Tax Map 2S1 3BB, Tax I,ot 7200 , 1S1 34C, Tax Lot 1�00) . Applicant : Century 21 Homes , Inc. T . Basic Facts : l . The si_te is �esigna�ted on the Tigard Community Pla.n, 1971 , and NPO 7 Dr.�,ft Plan as "LTrban Low Density R,esidential" and currently zoneci R-7 (Tax Lot 1200) and R-15 (T�,x Lot 7200) "Sin.g�P Family Residential" �.pplicable policies :�rom � the Tigard Community Plan, 1971 , are as follows ; A. The maximum overdll density of development will be fou.r dwelling units or 12 �ersons per gross acre . This amounts to a standard of 7500 square feet of land per dwelling unit a�lowing for streets and other open spa,ce . Son1e axeas will have a lower density owing to topography, existing developm�nt patterns , or the c�esi�e of indi- viduals �to own a large.r lot . B . Residentail subdivisions will be developed with paved st.re�ts, cu.��bs and �ut:tex•�, str�et 7.ights, and walkWays according to city or county standards. ' A11 utilities will be placed undErgrouna. C. Dev�lopment wi11 coincide �vith the provision of public streets, water and sewerage �acilities . These facilit�.es shall be (a) capable o� adequately serving all inter- venin� properties as well as the proposed d�velopment, and (b) designed to meet city ox cnunty standards. - D. Planned una.t dr-,velopment wi.l1 be encouxaged an tracts large enough t� accotnmodate ten or rnore dwellings. Planned unit develo�ment wi_ll permit a degree oF flexi- bility in desi�;n that will enable a higher quality of .�. development in accordance with zoning standards . �� 2 . Section 18.56 . 010 o:f the .Tigard Municipal Code s'�ates : The puxpose o.f the plann�d developmant district is to pro- STAFF REPORT A GENDA. 5.2 °�=: March 21 , 1978 Page 2 vide opportunities to create more desirable envi.ronments through the application of �lexible and diversified land development s�;anaards under a. comprehensive plan and pro- gram. professionally �repared. The planned clevelopment district is intended i;o be used to encourage the application of new techniques and new technolo�y to community develop- ment which will result in superior living or developmen�t arrangements with lasting values . It is �urthPr intended �o achieve economies in land development, maintenance, street systems and utility networks while providing building group- ings �or privacy, usable and attractive open spaces, safe circulation and the general well-being of the inhabitants . 3 . Section 18.56 .020 provides for preliminary plan and progra:m review by the Planning Comma.ssion and requir.es that such review be based upon the comprehensive plan, the standards of this title, and other regulations and the suitability o� the proposed development in relation to �the character of the ar.ea. 4 . The site is located on rollin; terrain. Along th� west property line the elevation is 180 f�et (MSL) rising to 210 feet in approximately the m�_dc11e of the site then drop-- � pin.g of� to 190 feet along the northeast property line ad- jacent to S .W. 121st Str�et . A drainage swale traver�ses �the pro�erty in a north to south- we,sterly direction . Loeated within this area is a portion of the 1Q0 year flood plain of Summer Creek. The elevation of the flood plain at this location is :170 feet MSL. The applicant has acknowledged thi� elevation on his site p1an. Surrounding land uses are single .f�;rnily rESidential and the Tigard School District elPmentary school site located along tlae northwest property 1ine . 5. The applicant is proposing 1>o develop lots 1-9 and 13-20 � (in the northeastern corner of. the parcel) as att�,ched single � :family (duplex) �n 10,0U0 square fc��t lots. TIowever, the ; pr.oposed I.otting pati;e.rn shows duplex lots rather than the � � attached single family type of uni.ts proposeci in. �the appli- � cant ' s narrative. Nc> proposal has been submitted as to how these duplex units are to be maintained (e.g. , Homeowner 's � Association) , r�or has the applicant attempted to relate r the open s�ace area which the duplex units front; with ather Y� portions of the developnnezzt (such as applying �i�ion ease- ; ; ments between lots) . , �i I�ots 10, 11, and 12 7.ocated along the nortt��west p:roperty � line are also being proposed to develop as duplex 1ots. fa � This portion of the si�e is isolated by the l0U year flood }' .;� plain . Access is t�eing proposed througkx the sc�nc�l dis�trici> 's � property to the west. � The ligard T�ark and Recreation Board fi;as r�viewed this � �. _ �: . . . , �;.: _—: , . . ..� � i STAFF REPORT , AGENDA 5 .2 i f� March 21, 1978 � Page 3 � i proposal ancl recommended that lots 10, 11 , and 12 not be � devel.oped, and that this area ne included as part af the � greenway i.n order to avoid making a barrier between the t sch�ol grounds and the greenway . � Lots 21•-38 are to develop as sin�'le family detached units on a cul--de-sac street according to the enclosed site de- velopment plan . The length of the cul-de-sac street is approximately 700 feet , 300 feet longer than the code per- mits. 6 , There is currently � dedicated 50 foot right--of-way which skirts the south eucl of the flood plain and foll�ws the � contour of the land to provide a connection between the present termi.nus of K�,therine Street and 121st. The applicant is ,proposing to vacate a portian of this right-of-way and provide a straight east-west alignment of SaW. Katherine S�treet . The Tigard School District has sLibmit�;ed a letter (see attached) in support of this re-alignment . .f� 7. The ap�lica,nt is proposing to dedi_cate the windmill located " alon� the S .W. 121st Street fr�ntage and the east property ?; line of lot 16 to the city. !; t The Park and Recreation Board has recommended that the wind- � mill. be restored to its original condition and dedicated to the city as �. historical landmark. ThP area the applicant has set aside for the windmill is quite small and isolated from �the project. 8. The home located on Tax l,ot 6500 along the 121st �� ._ _ _ Street .fronta�e in the aoutheast portion of the site has bee� exclude� frozn �the plat. This parcel is currently in the coun�y. 9. S .W. 121st Street is a designated "coll.ector s�reet" and is `' in sub-standard condita.on (e . g. , no curbs, sidewalks, �tc. ) . a Necessary right-o�-way for a collector street is 60 feet. �!�� There is currently 50 feet ; therefore, an additional 5 `'' feet of right-of-way will be necessary. % `:! 10. Sanitary sewer service is available on site via a 12-inch � line , Water service is available �r.om the 'Pigard Water ;�� District 's 8-inch line i� 121st and a 6-inch line in S .W. �'� Katherine Street on the westside of the property. r;� � II . Conclusionary Findings: f`' s:; ;,, l . The applicant 's request does not conform to the Community {;1 PIa� �� l�il oi tilc NPO �7 Draft Plan because of tne proposai �;� r; li � �,,_ C� _ �- I Ii STAFF REPORT �� AGENDA 5. 2 j ��� March 21 , 1978 � Page 4 � ; , to builc3 duplexes in an ar.ea designated for single family � residential use. Whi.le the applicant refers to these as � attached si.ngle family, we can only assume from the l�tting 4 pattera�, which shows single 10,0U0 square foot lots, that ; the intent is t� build duplex units. t � t 2. The proposal to realign Ka�therine Street is not justifi�d ' � because : � � A. It will make Katherine a "straight-sh�t" off of 121st for 770 feet, encouraging speeding on a residential stxeet . � � B. The present alignment is more desirable aesthetically ;i and environmentally because it �ollows the exist;ing t! topography. C. The existing inter�ection with 12�.st Avenue provides thE maxirnum si�ht c�ist�,7zce for entering motorisi;s and school buses . Staff is of the opinion that the School District has ��.. recommended changing the alignment to �ax�ovide a straip;ht � � connection to 121st because it is cheaper to build and �� they have th� responsi�ility to bua.]_d this s�treet , not �;he developer. 3. No evidence ha� been provided ta demor�strat;e the necessity �+ of building a cul-de-sac langer than 400 fe�t . � 4. The density proposed is based upon achieving a "trade-off" " �: of developed land for o�en spac� . This proposa,l :falls into the too-familiar pattern of offering nothing for something; o.ffering to give the public the unusa�].e land (and rnain- tenanc� responsibility) while transfering the development =I rights to higher g�ound. The p�zblic would �arP better if � some �illing were permitted (e ,g. , �n the marsh areas out- side the 100 year �lood plain) a.n exchange for deve.Zo�ment � of usabl.e open space. In this case, the area, adjacen�t to N the sc.h.00l site (lots 10, 11., �.nd Z2) wou:ld be an exampa:e of appropria�tely situated us�:ble land. 5. ThP e�ceptions from the standards of th� underlyin� district >; are not warrant�d by the design at�d amenities incorporated �'' in the submittec� plan, ' �: T�T . Staf� Recommendation: ; � F3ased upon the above cited ��.ndings of fact and cvnclusionary i� i': � „ �'. ��; ,� ; , _ , �, ,,. _ — _ , . _ _ STAFF REFORT AGENDA 5 .2 �,� March 21 , 1978 ``�:� Page 5 find�.ngs, staff recommends denial . If the Commissioners choose not to deny the application, then s�aff recommends the following in order of preference : A. Table the r.equest pending resubmission of a preliminary plan and program which addresses the concerns iterated in the staff report. B. App.rove the preliminary plan and program and direc�L the applicant to submit a general p�an and program which ad- dresses i;he concern iterated in the stafF repo.rt. �v. � STAFF REPORT AGENDA 5. 3 �` ;�' TIGARD PLANNII�IG COMMISSION March 21 , 1978 Fowler Junior High School - Lc�cture Room 10865 S .W. Walnut 5treet - Tigard, Oregon Docket : 20NE CHANGE ZC 6-78 Request : For a zone map amendment from County RU-4 to City R-7, "Single Family Residential" for a 1 .4 acre parcel . Location : 15300 S .W. Paci fic Hi.ghwa,y (Wash. Co. Tax 114ap 2S1 100 , Tax Lots 900 and 901) . Applicant : Carl Hector I . Findings of �act : 1 . The site is designated "Residential Commercial" on the Tigard Community Plan , 1971, and the NPO #6 Draft Plan and current- ly zaned RU-4 (County-Urbail I�esideiltial) , 2. The applicant is r�equesting the application of the City of Tigard zonin� ordinance to a receritly annexed, Decem- ber 13, 1977, 1 .4 acre par.cel . �_ 3. City of Tigard Ordinance 78-5A (Februarq 27, 1978) directs the PXanning Commission to conduct such proceedi�gs as may be necessary to conform the authorized zoning and land t�se o� the parcel to the requirements o.f the Cit,y' s Zoning rdap and Code. II . Staff Fi.ndings and Observations : 1 . The site is currently occupied by a single family residence and a reenhouse. Surxoundin land uses are a nurser to g g Y the east , a house on the north, vacant parcels to the south and west and across Pacific Hzghwa� King City Planned �� Development . � � � , 2. Water service is available to the site from the Tigard Wa�:er � District ' s 12-inch line in Pacific Highway. � i � The existing house is on a septic tank system. Sanitary j sewer service is currently not available to the site. ; � 3. S , W. Pacific Highway is designated as an ar�erial street j requiring 80-120 feet o� right-of-way. There is currently ! 175 feet of right-o�f-way on Pacific Highway a�; this point . ; � s� III . Conclusionary Findings: jl � "� 1 . There exists a public need to apply City of "Pigard zoning E�I �I', � {�' I _ . - _ _.._ _ , : _ �II �I� !;I �� � � � �STAFF REPORT �� ;;;I AGENDA 5 . 3 "° March 21 , 1978 �'I �,� Page 2 f 4,,'� ,,. 3: to all parcels of land in the city in order to ease the ;? aciministration of land use regulations and assume con- ;.I, sistency throughout the city. ;'I ��� 2. The proposed R-7 zoning district is compatible with the ;{ surrounding zoning and the Residential Commercial Plan f desi�nation. 'r:`;�, ;'I IV. Staff Recommendation: i" Staff recommends approval . ;;. ;{ t.�l', �'<i �' 3•i 3,;; !., 3.. �.. � ,-rj !:,' i';i �`! �,r. pu {.� L Y'-' �': f'' 2': j,, �'' 5�;• 1'' L'.i �: . . � .�y��.: � ���I C: f'? p*I .. . . ���,<<:� I:•:� �;l �,:� b� . � . . . . . � � � . . � � . k��l . . . . . . . � . ' � .. � .. � � � �'�' ���. . � . . . . . . .. . . � . . � .. � � � �`.I �:I �. � � . . . ' � . . . . � .. � . � . .. . . �ri� . � . . . . .. . . �� . . . . ... . . . '�(� . . . . . . � .. ... . . . . . . � . .�.. . . �. . . ..... , ..:... . �., � �°,..-.�... . . . . . . � . , . . . . . .....'.. _ _ s; ;::; ,. STAFF REPORT AGENDA 5.4 TIGAFtD PLANNING COMMISSION � March 21, 1978 Fowler Junior High School - Lecture Room 10865 S.W. Wa].nut Streei: - Tigard, Oregon Docket : CONUITIONAL USE CU 5-78 ` ' Request : To operate a nurser�y with retail sales on a 1 .4 acre parcel . Location: 15300 S .W. Pacific Highway (Wash. Co. Tax Map 2S1 lOD, Tax Lots 900 and 901) . Applicant : Carl Hector I . Findings of Fact : l . The site is designated. "Residential-C;ommercial" on �he Tigard Community Plan , 1971 , and the NPO #6 Dra�t Plan and currently zoned County RU-4, "Ur�,ban Residential" . 2 . A conditional home use may be authorized for� certain home occupational uses which do not strictly confoxm to the criteria set forth �or "home occupation" as de�ined in Sectiori 18 .08.250 of the Tigard Municipal Code . It is the intent of this provisian to provide the means for request �or the ci�ty 's consideration of "home occupati�n" type uses when special circumstances are ��resent which the = applicant feels deserve this consideration. It is the ;°� inter�t of this titl.e that any commercial or industrial operations which would ordinarily be �onducted in a com- mercial or i d ^ i n u�t r a l d i s t r i c t c o n t i n u e t o b e c o n d u c t e d , in such district and not at home. 3. Applicable language from the NPO #6 Draft Plai1 is as follows : "Lands designated Residential-Commercial shall adhere to the standards of the city ' s 114u1ti-I+amily and Commercial- Professional zoning districts . The general development scheme to be �ollowed when developing these properties sha17� be to locate the Commercial-P.rof.essional use� along the highway �rontage and the Multi-Family uses behind these . " Policy 21 . In the interest of saiety and ef�iciency, the number of highway access points must be kept to a minimum. Wherever possible, businesses on Pacific Highway should be clustered and share common parking facilities and drive- ,,I ways. As new development occurs , the ni,�mb�r of access points � should not exceed the number necessa�y for proper on-site ;� traffic circulation and, where possible, should be combined „ with access to adjacent bizsinesses . � "''i 'r.iJ . . .. � . . ,,�,7 I r,i . . . . � . � . . tq•Q � t � . , . . . . . . . . - . � .. ... � . � G ��� t; � � � . .. . � . .. . . . .. . . „''� STAFF REPORT AGENDA 5 .4 `'�>° March 21 , 1978 page � II . Staff Observations and Findings : l . The site is currently occupied by a home and 3456 sq. ft . greenhouse. The applicant is proposing to sell nursez•y products (plants and shrubs) from the greenhouse and pro- vide a "growing area" for the plants in the eastern portYOn of the parcel . 2. The applicant is in the process of making on-site improve- rnent �to include a paved loop dri_ve s�ith two access points onto Pacific Higllway and an access drive along the south praperty line to the rear of the site . The site plan indicates �, proposed par.king area, but does not identif,y individual parking spaces. Off-street parking requix°ements for t�ie proposed use would be one space/'per 400 square feet of g�•oss floo.r area (Ti- �ard Municipal Code I8.60 . 120(4) (a) ) . Nine parking spaces wolzld be required for the proposed establishment . There appear� to be suf�icient area to meet code . '�, 3. Fi proposed "sales yard" i� being shown in front of the existing greenhouse. Implicit in th.is use is the storage o� outside materials. Staff is concerned that this may have the �otential. :f.or creating a "strip commercial image" which is cantxary to the language of the Comprehensive l�lan which is to "stop the spread o.f strip commercial clevelopment to this portion of the Pacific Highway. " Therefore, display matearials should be limited to plant matex�ia7.s only a.nd not such accessory products as pea�t mass , wheel baxrows, etc. 4. Pro�osed hours o:� opexa.tion are 8 :00 A.M. to 5:00 P.M. five days a week (exact days have not been determined) . A,n estimated 6-8 vehicles per hour or approximai:e'ly 50-6:0 trips per day woulci bc generated from the proposed use. TTI . Conclusionary Findings : 1 . It is the intent of the Code that comm�rcial uses whieh would o.rdinarily b� conc�ucted in a commercial district cantinue to be done so . Hawever, in light of the fact the a,ppli.cant has an existing home occupation on the premises, moving the existing greenhouse to anothPr 1.ocation woul:d pla�ce an �conomic burden �n the app:licant . 2. The proposed sa1� of the plant materials would result in �. , a low level qf traffic being generated frorn th� site (ap- � proxima,tely 6-8 trips per hoLtr. 3. The i:nt�nsity of the px�oposed use is such tlzat it would STAFF REPORT AGENDA 5 .4 W� Mar.ch 21 , 1978 Page � �ot result in an incompatible relati�ns�ip wit� the sur- rou.nding properties. 4. The greenhouse and projected volurne o� sales wou].d not mani- fest an image of strip commercial and therefore be in keep- ing with the objectives o� the C�mprehensive Plan for this area. 5. To a�sure �tha� p:roposed u.s:e maintains a low profile as it rel.ates to the surrauncling area. No sale of accessory prociucts sh�uld be allowed and lanc�scaping materials (e . g. , fence, trees, shrubs) shou].d be placed around the perimeter of the site. 6. ThP applicant is proposing two access points along the Pacific Highway frontage. This is not consistEnt with the NPO P1an which recommends limiting access points and having businesses shar.e common parking f acilities and dxiveways. TYie�e�ore, an altexnativ� shotll.d be pr�vided which c;ould eitYier accommodate a frontage raad or which wauld 7:in,k up properties along tY�e Pacific Highway frontage combinir�g curb cuts between psoperties . �� �, I I I . Staff Recommenda.ti.on : Baser� tipon findings of fact and canclusionary findings, sta:f..f recommends approval with the �ollowing conditions : 1 . Tlaat a landsca�e plan k�e submztter� to design review, and the sales area and growing �,rea be s�reened. 2 . That sales be limi�t�c� ta plant �at;erials (i .e. , no accessorp products such as peat moss, gar'deniiig equi,pment) . 3 . That �.n access easement k�E provided al�ng the Pacific High- way fron�a�e which would accamm�date either the development of a frontage road ox combined curb cut; wi�th th� adjac�n�t properti.es. ' ; � , r _ `f" MEMORANDUM �>: TO: P.lanning Commission FROM: Dick BolPn SUB�TECT: Killian F�.D. , Minor Chan�;e Reque�t , DATE: March 21, 1978 Mr . GEOrge Killian appealing the denia.l by th� Planning Direct�r of his reqliest to alte.r the plans for his a�proved commercial-industrial Planned Development on S.W. 72nd Avenue pursuant �;o the "Minor Chang�" section (18. 56 . 160) o� the P.D. Zone . The Minor Change section au- thor•izes the Planning Director to approve minor alterations of the developmerit plan provided they c�o not : Z . increase the densities; 2 . change baundaries ; 3. change an,y use; 4 . change the 1QCation or amount of land devoted to specific lancl use . The alteration being requested is to build a str�i,ght btzildiiig wall �� where a series of i.ndentions were specified on the approved p1an. The original purpose of the indeni:ians on the sou�hwest wall was to pr�vide for employee parking and to r�eceive delzveries . T have denie:cl the request to eli�ninate these indentations because they are n�c,essary ±o �rovide a clear accesU drive to the rear of the building. I �,m c�mcerned thai; eliminatian o� the ind�ntations will result in d;elivery trucks and employees using the acces�s road �o.r temporary pa�king. ; � t _ , _ . �.