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Planning Commission Packet - 05/16/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. 4 � �. Si ' � , . . . � � . . f. AGENDA � � TTGARD PLANNING COMMISSION � �;,` May 15, 1978 - 7:30 PM � � � Fowler Junior Hi�h Schopl - Lecture Room . �' 10865 SW W�lnut - Tigard, Ox�gon �: E: 1. Call to Order: . : . f; i 2. Roll Call: • 3. �pprova], of Minutes; , 4. Commu�ications: ' 5. Public He�ri�gs: A. 'Staff Report .B: Applicant's Presentation . C. Public Testimony . . �. PrQponent's . � �, b. 'Opponent's co Cross-exatninafi.ion D. Staff Recoc►romendation ;� �._ .. . • � ,� �. Co►pm3ssion Discussion and Action . ;,, 5.1 ZONE CHANGE 2C 27-77 (Oak Hill Ynvestm�nts) N�0 3 '1 �;s A �equest by Ted MiLlar pf Oak Hi11 I�}vestment for a general plan and pragram :`i, review of Phase TI of a "Resf.dential/Commerci,al" PD for paxcels tot�lling k.24 . , � acres Qt the intersectio� of SW Pa¢ific Highway and Gaarde St (Wash. Co. Tax Map 2S1 10A, Tax Lots 700� �00, 1000 an$ Tax Map 2S1 �DD, Tax I�ots 800, 801 and lIOQ). 5.2 ZONE CHANGE ZG 1-78 (Rembold/Bishop) Np0 3 p request by Rembold/Bish�p for a preliminary plan and progr$m reyiew o£ a � ; Commercial/Professional PD in a C-3 "Genexal �ommercial" zone for a 7.8 acre ' , parcel located ot► the east side of Paci£3.c Highway between SW Park and SW 6�atkins (Wash. Co. Tax Maps 2S1 2CB� '�a� I,ot 1800, �S1 3DA, the eastern partio� o€ Tax �,ot 4700 �nd 2S1• 2CC, Tax I,ot 700�, , 5.3 ZONE CHANGE ZC 11-78 (Progress Bibls Church) NPO 7 ' A request by Progrese Hible Chu�rch for a 2one Map Amendment from Washing�on CounCy RS�-1 tn City R-7 "SirtgZe Fainily Residentia}." �or a 2.0 acr� parcel at 12930 5W Scholls Ferry Road (Wash. Co. Tax Map 3.S1 33AD, Tax La� 2100). � 5.4 CONDITIONAL USE CU 13-78 (Progress Bible Church) NPO 7 ?` A request� by Progresa Bible Chuxch (Pastar Newkirk) for a conditional use permit to ' , operat� � Christian School in ao existing cht�rch in a R-7 "Single Family ftesidentiel�� zone at��'130th and Sc�a11s Ferry Rd. (Wash. Co, Tax Map iS1 33AQ, Tax Lot 2100). � , '� . i � . . . . . �`<. . . �, , � . ♦� " . �. . . � . . . ' . . . . . . .. . . ' AGEND�1' ` TIGARD PL:�NNIr1G CO:�,1n.4I,S.SIO�V , , ' A�iay 1G, 19a8 - 7; 3� P�!9 ' � . �� Pas�e 2 . . 5. � �ONDITI.ONAL USE CU 3�,76 «at��son , �NP� 7 A ree;,uest by J. A7,].an Pai:ersan to reinstate a previously �ranted Conditional Use permi`t. to �..ocate dup�.lexes in a �-? !'�in�1e Fami:ly Residential." zone on a 4. 79 acre parcel at. S�N 12`lst in the 1!4ere��one '� Subdivision (Wash. Co. Tax r�[ap 1S1 3�C, Tax Lot 1100) . . , 6.. OTHER BUSINESS : 7. �DJOURNr17ENT: �,� _ - . �II �� , � , • . �'; , �;+ �• � . j}i (S S �� . . . .. . 1�', � � . � ��C... ��. . . . .. ..._..... _ .. ._....._., . . . . . .. ... :.._.. ....... � . . � . . _ _ ' �j • � � �+� �! � � � k'.� MINUTES i�' TIGARD PLANNING CO]!ZD!fISSION � ':�; � ; r1�`ay 1F , 197� �-'' ° Fowler Junior High School - Lecture Room `' I�8C5 S .W. jNaTnut St . - Tig�.�d, Oregon ! �'! � � ��; 1 . Call to Ord�r : { Meeting was called to order at 7 : 35 P.rrt. , �:i 2. Ro11 Ca11 : Present : Popp, G�uimby, Wood, �,ossman, Sakata, Corliss '; Excused �bsence : Tepedino, Brian Staff : Laws, �ltman, Chaidez 3 . Approval of Minutes : ' ' r�Iinutes of May �, 1978 were approved with the following corrections : Page l , item 4 to read, "(�uimby reac� an article from the Oregonian on a legal opinion requestin� that �the availability. . . . " ; page9puimhy' s statement should read, "Quimby asked, a.i' they could appeal the Design £teview decision. , . " ; page 10, unde_r comments, "�luimby stated, she thought Larr,y Hinton �rias using. . . . " . ,� 4 . Communications : Staf� introduced one other business item r�ue to the eXpectec� length o:f the meeting: ;`:; , A rec�uest by Carl Hector to erect a ��vooden sign for his � {; nursery. - Sakata asked if the address wasn ' t r.equired. - Laws stated it would have to be added. - Commission unanimousl,y accepted the sign as p�o�osed. 5 . Public Iie�,rings : ;;; 5. 1 7nNE CHANGE ZC 27-77 {Oak Hi11 Investments) P1P0 #3 '';i ; A request by Ted 1�4illar for general plan and program review o:� Ph�;se II o� a re�idez�tial/c�mmercia]. planned developmEnt �or parcels totalling �. 24 acres at S .TN. Paci�ic High�vay and Ga�.x•de S•treet (Wash. Co . Tax l!�1ap 2S1nD, Ta� Lots 800, 8u1 , llOG and Ta� D�ap 2S1I.�1�, Tax Lots 7�J0, 8t�0) . A . Stafi �,eport : Read b�r Altman ; B. Applica.nt ' s Presentata.on: ,o,� Jae V�.nLorra, Pro,j ect Architect , with VanLom/Kxaxbua^�;ex , , � �xplained his proposal as being two (2) phases the i � � � � �' �i _ _ _ _ ,. ; lUI I NUTE S TZ�rA,� �'L�NNTNCT C0�;41��IISSInN �i2ay 16 , 1978 1�, Page 2 second being d.evelopecl as a planned development due to ' i the ac�ccss problem and that the projected business - i� Elmer ' s Pancake House - was actual�.,y a conditional u�e in a C-3 zone. He stated they ��vere reducing the amount of. curb cut� along Pacific Highway; most of �lmer ' s business w�uld be in the morning; the staternent in staff r�port about a "seal of asphalt" was not relevant. He then refered to specific p�ints of the staff report, stating tk�e potential noise/headlight problern to ! surrounding residences cvould be remeciied by berming; th� small size of the lots were responsible for the creation of a non-fluid arran�ement of bL�ildings; trie 40 foot radius at Gaarde and P�,cific Hig;hway �vas acceptable. ; - `Vood asked of the used car lot was a conditional use of unlimitecl duration. - Laws repli.ed a temporary use permit had ,just l�een granted to them t� retain a mobile office. year. - Wood asked would it not be possible to use the entire site �or Elmer ' s instead of also adding an office building, thereb,y allowing for mo.re landscaping. - Va�Lom stated it was not economically feasible. - C�uimby asked for hours of Elmer 's opera,tions . - Elmer stated 6-9 P,t4. - Roger Staver, 7941 S .E. Johnson Creek Blvd. , �resented a slide show; he stated they had reviewed the conditions of the possik�le approval and would i�e able to live with them. i C. Public Testimony : r i a. Proponent 's : None b . Opponent ' s : t o Bibianne Scheckla, 10�30 SW Fairhaven Way, stated the area `i - was developing in a patchwork , not as a planned development, "� the drainage report was unsatisfactory; 1 restaurant c�id not constitute a planned development . 0 112elvin Johnsan , 1086� SW Fairhaven tiVay, stated Phase I r was the �irst mistake, a11 the water from this si�e drains ;' to 110th; Paci.fic Hi�hway is a string of chai.n restauran�s. ;;', o t�itch Ram�dale, 11635 SW Terrace Traa.ls, stated the " �rontage way had been i�nored bu� must be addressed; Phase "; I could have been revamped to �ive more area ta the E1mer 's development; a pl.anned development should p�ovide common paxking areas; emergency and pe�.es�rian access to !' �« �roblem;WPhaseclI�should�be�pxesentedWpn ' �.�s�en�irety ; ,,. nat; pa.ee�mea7. . � ���� � � �� �,; � � _ � „ . . . ,, _ _ : �I �,�` �a q, i:{ I; MINUTES �' �; TIGARD PLANNIZZG COP4P�IIS�I01V '� � � � � � � � x:i �� May 16, �978 �"� Page 3 ::� ;' o Sill Heppner, asked why the stub street wa� not , E, connected throu�h. ���, o Popp stated NP0 #3 decided not to realign Gaarde . f„ �:, �; D. Staff R�commendatioi�; ;i �:� ,,.. �ased on the findings r�f fact and conrlusionary findi�gs , r; �taff recommends denial of the Pk�ase� IT general plan and program as submitted. ? , . ; - If the Commission elects tc� approve the request , staf.f. ` recommends the following conditions be attached: ;, i,. x 1 . That prior to submission for Design Review a complete ' storm water detention plan, cover-ing Phase I �C 7�I be submitted for Botl1 Oregon St�.te Highway Divi�ion and Public Works Department approvals. 2. That a detailec� site development }?lan k�e suhmitted for design review approval to include a frontage/ ;; spine road (coordinated with the owner of Tax Lots 900 & 1�00 (Tax rfiap 2S13nD) , separate parking areas, ” and final locati�n o� all proposed buildin�;s, ` ��, landscapin� and pedestrian/vehicle access/ci�rculation . ' � � �:�� 3. That a minimum 40 foot radius �uz•b be provi�ied at �- the corner (nortk� side) of C�,arde and Pacific Highway a.s specified by the Sta�e Hi�hway D��artment. 4. That a traffic analysis report be submitted prior to Design Review tl�at incluc�es the impacts of the frontage road. 5. That 10 fe�t of ri�ht-of-�,va3� be dedi.cated along the S .W. Gaarde Street �ronta.e;P and i.hat a half s�treet impravement be made to collec�or street standards as specified in the NPO #3 Plan. 6. That the necessary right-of-way, as speci�ied �y the State �Iighway I�epartment, be provided along the �;, Paci�ic Highwa� frontage and �hat mar�in improvement:s , be made including 5 foot sidewalks and curbs . 4 7. Provide bet�ter tra.ffic circulation . ;'' �- Rebu�tal : ' � PAnna.s Rabert;son, t�[arts & Ghase Engineering �'irm stat;eci } �; � � �� � � � � � �. ;� . . . . . . t:�:i iy. . . . � . � � . . � IG�. . .. � . . . �(�� P�IINUTES ,,, TIGARD PLANNIN'G COMMISSinN May 1F, 1978 Pa�e 4 they had conduct�d a hydrological study whicll found the storm water detention problems `�vi11 be adequate in a series of areas throu�hout the site; �th� maxirnum clepth j will be 2 1/2 feet at center; the impact created by the � eommercial a.reas would be for a short duration only. � o Bibianne Scheckla asked for the speci.fic detention ' locaiions. � o Robertson said they w�uld be in the largei open spaces y in the grass for short areas of tiXne. � � o Bibianne asked that the water areas be pxotected �nd ` there be sorne form of vector control . � o Robert Ames, representin�; the pr:esent property owners � of the site, stated its present use was nat safe for ` children; the number of restaurants is equal to tYze % demand; this would be the �reatest restaurant in Ti�ar.c�; � and it is not often you get a nice company like E1mer's wil"ling to wait around for all, the development procedures. o VanLom stated throu�h two {2) drainage studies the � P roblems had been identified and the lake takPS care o:f the immediate runo.f.f from large storms and was a natural �; part of the site development, tl�e NPO never said this f' � had to be a planned developrnent ; the site could have � , developed ind�pendentiv. o Roger Staver cited the traf:�ic repor�; as showing 6fJ c�,rs � a day (7%) coming off Gaarde �F�ihich was not enough for a curb cut . o Altman stated the basic f.ram�work o:€ triE entire develo�ment +; was necessary to be certain they wi11 f�nction together. � k� E . Commission I7iscussion: � o Quimby asked NPO #3 chairman i� his committee had any input into or comment on this propasal . �: o Kluempke stated no, but they d,id not know there was to ;j be a restaurant . o Sakata sta�ted she felt an obligation to the community r ' fox a lang range plan; there were other needs than ;�, restaurants; they had made a sl�am o� the NPO Pl�.n and , proceeded to read �rotn NP0 #3; tha.s would onl� add to the strip corrunexcia�.; �he parking spaces adjacEn't to the residential area would be noisy; the traffic signal will serve as a shortcut �ox those trzrning le�t of� F. Faci�ic. o G�uimby agreed with 5akata; na need fox another r.est�.urant ; �; should be an o��ice; this was not a pl.anned deve7.o�ment. � o �Nood was not generally opposed to the resta,urant; but k :felt it ��as the wron� ].oca�tion for Elmer ' s be�n� too r. small ; a ].owex intens�.ty use was needed. � o Rossman �pposed the denial stata.ng an �1mer's was urgently ;; needed. p: F �: � t s � __ _y i , , : MINUTES TIGA.RD PLANNING COMMISSION �,�.. T�ay 16, 1978 �.>: Page 5 o Corliss stated such a tenant (Elmers) does not come along every �veek and was in tavor . o Popp was opposed to restaurant use; it should be a CP area; he was opposed to the strip development and Phase II . o Wood moved denial based on sta�f findings and observations, deletin� sta�f observation �2, suk�sect ion #3. o Sakata secondec�. o Vote was 4 to 2 for denial - Corliss and Rossman voted against the denial , rYo�d, Ponp, Cauirn�,y F. Sal.ata vote ,yes 5. 2 ZONE CHANGE ZC 1-78 l�embold/Bishop A request by Rembold/BishQp Properties tor a retail- commercial/commercial-professional from C-3 to C-3 Pl�.nned Development on a 7. 8 acre parcel at Southwest Park and � .�N. Watkins Streets, west side o� S.�A�. Pacific Iiighw�:,y (GYash. Co. Tax �/[aps 2S1 2CB, Tax Lot 18O0; ?'Sl ?CC, Tax L�t 7Q0; ?.Sl 3DA, the eastern portion of Tax Lot 47�0) . A. Staff Report : Read by Laws �. o Wood asked how they could ax��rove this �roposal under. the tnandate of the Comprehensive Plan. o Sakai:a, O„uimby, Corliss & Rossman all agreed. o Popp felt the applicant should k�e allowed to present his new proposal B. Applicant ' s Presentation ; J. B. Bishop, 4263 NE Hazelfern Place, Pox�tland, state� on this new proposal they had a tra�fic study and NPO ' review plus a substantial chang;e in site p1an. �' �, VanLom, project architect , st�.ted the parcel was too large � to develop as asked in Comprehensive P1an; t.he concept t?�as � valid as times have changed since the C��prehen.sive Plan � was written 3 years ago. � o J.13. read a letter from Cha.rles M�ebro�f, from NPO #�3, ' who wanted to express his agreement t�vith �he plan, stated citizens have accomplished wh�.t thsy wanted; profession�:l � o:ffices o� P�.cific Highw�.y are c�esa.reabl.� but not in dPma��; h� saw no major damage to the neighborhood; this was be�ter than a pea.cemeal develapment , - �u,imby asked if Mgebrof� had voluntarily written this � let�er. - J.B. answered yes. - Bibianne Scheck7,a, s�a�ed 6 0� 8 NP�J #3 members were �resent at i;he last mee�ing and they approved the development �vi�h 6 conclitions (a�ttached) - she stated sta�� �indings were un�fair, she was agaxns�t �he rea�.i.gnmen`� o� p�.r� S�reet . _ _ . � : , i. I h. il� � , MINUTES ��� TIGARD PLANNING COMMISSION �,��! �, ��� M�ay 1�6�, � 1978� � � �,.:i Page 6 1 ;::: i: - Helen Hammes, 13115 SW Watkins, was tired o� traffia � : and did not want anymore. i � - F3ibianne• asked that some direction be given to the (::',' developers . i - Wood state it must go before the City Counci�. as it � ! is not a permittPd use. - Sakata & Corliss stated the Com�rehensive Plan must be � amended and objected to he�,ring the proposal . i. i Popp, [Nood R, Corliss want to hear trie proposal . '' - Helen Hammes sta.ted they (the neig;hbors) realized something 's ' would go in this location and this plan was better than il the first one. i ;I �- Popp wants to hear the application. I � � B. Applicant ' s Pres�ntation : ' :I ` - VanLom explains the plan citin� the area is 65% office EI'� and 35% commercial retail, some of which is allowed under the zone; Canterbury Square is full and retail � `', space is in demand; there is 22% of the area in "' landscaping which does not consitittze a strip devel�pment. ; s - Duane Myers, 13210 SW Watkins stated it was a well laid � out plan; the deceleration lane was �ood; traffic li�ht ' I was goud; the NPO ,�3 policy was followed; he resented �' any activity which would increase traffic on Park 8; . ;� Watkins. - Jim Haddon, Iives at Watkins Rz Park, stated he was _ ,.'�� astounded by the change in the neighbors attitudes ;,; previoitsly they were against the pronosal . `° C. Sta�f Recommendation : Based on .firi�ings of fact and conclusionary findings, ' 'I sta�f recommends denial o� the prEliminary planned ' devel.opment propos�.l . ;�i If the Commission elects not to deny the request as „ recommended, �ta�f rECOmmends that the request be tabled ; '� until the �ollowing �n�ormation has been submitted: ; l . A storm water detention plan be submitted for both 4� � Ore�on State Highway Division and Public Works Department approva].s. � ' ; 2 . That a rea�.ignment o� S.W. Park Street be shown on a revised site plan. � � 3. That a revised site development plan he submitted. r` � , �:. k i �; I� {.. , ��; . . . . . . . . .. . . . .. .. . .. . .. . . . . ... . '� • .. , �. . � . � . . . . � . tj� ��I r,�zNUTES il TICARD PLANNING COMr,ZISSION f May 16, 1�78 I!I, Page 7 ��i z If the Commission elects to a,pprove the request , staff �I recommends that : j1, G 1 . A storm wate�r detention plan be s�ubrnitted for bot?i ' O�egon State Highway Division and �ubli.c Works �; D�partment approvals. t 2. That a realignmen�t of S .W. Park Street be shown on i the general plan submission. 'I 3. That a revised site development plan be submitted. 4 . That an agreement be obtained from the Oregon State 'ii Highway Division acce�tir�g the storm water outfall ,I within their system. 5. That an iriclirect source permit be issued by the i'. Depar. tment of Environmental nuality prior to final zone change approval . � 6 . That the site plan be redesigned to accommodate access to the T�ebel Car Stereo and Aw�ul Bros . Gas Station sites, and the cross-easements be provic�ed � bet�veen the developr�ent and these two si�Ces . 4; 7. That a phased development �lan be submitted� 8. The existin� billboard on the site be removed � �. Rebuttal : �+ - VanLom stated the plan was in conformance with the � Comprehensive Plan and what is not in conformance is a conditional use , - �7.B. spoke to staf� recommendation #6 stating there w�.s no viable way to present wha�t was asked for. - Bill Heppner was concerned over Park Street realignment. D. Commission niscussion : �� , - Corliss asked for a copy of NPO #3 text . - G�uimby felt she thought the NPQ #3 members �vere afraid of the next proppsal possibilities and therefore voted ; in �avor o� th.is one; they shoulcl consider what is i �ood for the entire community, f �� - Wood stated the c�esign was nice; if it was accepted a ` traffic study would be needed and a si:orm �vater detention �. study. - Popp wanted to see more o:f�ice and less retail; a i" � ; � i � i. �; . , � [; �i . PdINirTES } TI�ARD PLANIIINC'x f'Or�r:�IS�IQl`1 ��; 1!4ay 16 , 197� ?; Page 8 �I � I� �; bu:.�ferin�; of the duplexes alon� Pa.rk Avenu�; c�irection �; given to help solve the deve�opers pro}�ler�s; he s; realized the shorta�e of office space, a comprehensive �1 plan chang�e tivas necessary. 1� - 4�ood wanted the uses to be r.etail other than a.ncillar,y; � and the uses shift�d so the strip co�mercial lo�Y. i:s ;; ab�ent. he �,hen made a motion to table in orcler tc� allow �;he applicant to attempt to pursue comprehensive ,', �lan chan�es. - CZuimby secoa�ded and verified that the applic�,nt �voulcl � have to go throu�h Public Hearin� then to the Citv ' C�uncil for tYaeir ultimate appravaY . �' ` - �Vood also asked that the a�plicant be allo:wed an expedited r' ` meeting schedule and June 13 was set as a special c�ate. �� I, r� �i The motion was approved unanimously. `' � 4' 5. 3 ZONE CHANGE ZC 11-?8 (Pr��ress Bi}�le Church) NPO #�7 t�. Staff Report : P,ead by Altman B. Applicant ' s Presentation : ;; � ;- Zdone at this time ;'{ �e4.. i� �. Public Testimony: ; Pdone n. Staff Recommendation : �, Based on the fin�in�s of fact and conclusionary �indin:g;s, staf� recommends approval subjectto tYie folloa�in�; ; c�nditions ; l . That �!J feet be dedicated to the public along the Scholls Ferr,y I�oad frontage �o� future highw�.� improvements. 2 . That the septic t�nk s,ystem k�e approved for the :� existing use by the Washiz�g�on County Board of Health. ` 3. That the mobile c1.�.ssxooms be removed or a tempora,ry ; use permit Ue obtained from t1�e City Plannin�; } Coarmission or (;ity Council . � Rebuttal : � i �K Pastor Ne�vka.rY, s�atea he was in close contact wiih i � 6Yashing��n County 13oarci of �ieal.th; t}ieV are rvaiting for ' United Se�ver a�� �,��ncy hoqk�z� p� sewex to be�,in around � �� � , , � I i � � t � ! � �IIINUTES - TI('xARD PLANNIN('T Cnr,!tl�![ISSION ��r,r��. � `��. P,4ay 16, 1�78 Page 9 July 1 ; they tvou].d be using tlle septic dr�,infield for one rnonth; tYie,y �ad applied for a �ermit f�r a holdin� tanl� and don 't need a�proval . - �?opp , asked i� the holdi�l� tank would be a health haz�.rd. - Laws aslied ��hat t��as the original c�.pacity for the s,eptic tank? - Nev�kirk sta.ted the� were unak�le to fin�. tk�e records . - Popp as}.ced for a sewer hookup ciate. - La»s stated it was anticipated at Fi�-q� day� after the initiation of the project ; askec� if a�surance v�ere tc� be gra:nted kry j1'ashin�ton CQUnt,y for a,n okay. - T1e�cvkirk stated scho�l started the end of September; ancl [Nashin�;ton Cpuntt� ; said �f the SSrster� �ails the,y �v,ould -eit'h�er have to close do�vn or fix it . E. Commission Piscussion : Law� recommended' that s-taf� conditon f�.?. ,be dele•ted and the issLre of the septic tank he resolved during the conditional use x�c�rtion o� the application ; in : �hat a; construction of a sanitary se��ver line is emanate to the property. �� .; Popp made a rnotion for approval with staff findings and recommendations and deleting condition �`2. Vt�ood seconded the motion . The vot� was unanimous. �.4 CONDITYI�NAI� USE 13-78 (Progress Bible Church) NPO ��7 A. Staff Report : Read by Altrnan B. L�p�licant ' s presentation: Tdone at this time. C. Public Testimon�: None n. �taff Recornmendationt Dased on the findin�s of f�:et �.nc� conclusianar,y finding� staff recommends approval , subject �to �he �o1lc�wing conditions: 1 . That nrior to the provision o� sa.nitar.y sewer serv�ice, �. _ , _ - . . r. . . . . . . : . . : �� � . . . � . . � I�,�I NUTE S �,. TIGARD PLANNING CQ�ZMISSION r�4ay 16, 19 78 �'rA Page I� the operation of the school be restrictEd to the � numbex o� stuc�eni�s. specificallv authorized by the � Washington County Board of Health a,n:� appropriate docurnentation of sueh a��roval be fil�d with the 1 City of Ti�;ard Plannin� Department. � i � 2. That prior to ex�ansion of the school to full � capacity (?5 students) a site pl�,n be subrnitted „ for Design Review �.ppr�val in substantial corn�liance � with the City 's parYin� and landscaping; requi.remerits. 3. That the mobile cl�,ssroom unit he rer!aoved or a j� temp�rar3� use permit k�e obtained for a speciFic ` ,; time period. � � � � � � � � � �i 4. That the applicant file with the Citv Recorder an `� agrPement not to remonstrate a�ainst the formation o� a Loc�.l Improvement Pis�Lrict (LIL�) f�r future street improvements to S. 4V. 13�th Avenue. 5. That the necessaxV xi:�ht:-��-���vay� �:n.d s�x'��t t°� impxovements he. �rpvi.ded �Pr Ore�;pn Stat� H.i�hv�a,y � Department requirements �.1pn� �he Sch::o11� �'e.x�r�� �, Road f rant age. �, f;: 6 . That a pedestr�;an, b�;ke �a.th l�� �rovided a:Long the x<, S�Y Schol,ls T'�xr� Rpa� fx�ont;a�e a.nd th�.t the f;� construction o;�` �;his }ai.ke �ath. sh.a11 t�,ke �1a�e "` ��, at such time a�s i:�� ad4jacent p�;xcel� have completed R. the canst,ructXpn �� �;hei,� ;�orti:c�n qf tlie k��ke �a�h i' and that an eas�ment lae p��a�vided a� tk�is �ir�e to accommodate �hQ `bike ��,t`�. con��t;xuctiqn t ;'! 7. Shquld the septic ta,nk systez�r� ;��i7, i.mmPd,iate coxr��tiye measures must �e taken .- eith:er a kipldi;n� tank be i:nstalled or th_e schpQ], i.,mm�di,ately� c1QSP un�i7, s�:ch -�ime a.s the ;�ai:l.ux� is ;remec�zed x s� Rebuttal : � ,, Pastor Newkirk �sked iF he needed a let�er trom �Nashin�tan � � County H�a]lth ;;:i Laws s�tated staf;�' will request docun�enta�ion from them "� - ; - Popp clarified the conditions of approval„ - Wood felt the number af students should be established beyond tvhich th.e condi�a.ons �or site review wo�ld app1�. - Popp stated onc� ov�r 5�`,"0 0� ttie studen�s wer� �nrolled �'1 tl�en condition �2 must b� me� . ;; r ,. l,� .� ° _< . _ > k rC u [ �M:. 4 � .. ' . . . . . .. . .. . . . . . � . � .� .. . . .. . . .. . . . . . . . . .. � . � . . . '. e�, P t: pt[I I�?UTE S r TIGARD PLANNING CnA�?!RISSInN �' � � � ,� r2a,y 16 , 1�78 ,,, Page 11 fi - Wood asked about the bil�e path _frontage and its cost �' for a church as a non-profit orgaizization. ,� , - CJuimby st�i;er� tti�at th�is sehool is easi�n:g �he bur,den ot �;. the ��ul�lic scnools. � ; - Corliss asked if this p.roperty was the missing Iinr , fa in the l�ike path. - Newkirk stated the bike path would lea.d to nowhere and k� }� they would be willing to put it in �vhen they have ' b�come the missing linl� . �'! - Wood mad� a motion for a�prnval of the application based `; -on staff finc�in�s anc� recommendations. s=i i 5. 5 Condition�;l U�e 36-76 (Paterson) A. Staf.f �eport : l�ead by Altman ;` ;,.' � B. Applicant ' s Presentation : Alan Paterson expl�.ined the oversight in that t�ey h�.d �`, � not rpalized the ex��iration date; the plat had not been ,` ' platted; im�arovements were ptzt i.n firsl: then �they ca,me in for their building permit ; the lots t��ere sold after ;: itnprovements had been ma,de . ' ��:.:. �; C. PuY�lic Testir�ony : `� �:� i; Nancy Stemler, 11525 SW Terrace Trails, opposed �. `� �,., portion bein� built as a single family statin�; people ; bou�ht not knowing there would be duplexes ; a precedent would be set if this t�ve.re allo�ved tQ happen, l�lst ''. '; was tc�o busy for increased access; t�ere t�vas not enough protection fQr those in develoPments alreadv and their interests should be protected.. - Paterson stated no houses were occupied. �r sold without being told ot the cluplexes. - Stemler� saa.d dupl.exes should k�e erected first to let people kno��� they would be thers. : � r D. Staff Recommendation : `{ ,,{ Based on the basic �acts an�d findzngs stated in tYie sta�� r�port (Agenda 5. 3, Fehruary 15, 1977) , the � conditions attached b,y tk�e Pl�,nnin� Commission to the �' originald approval of CU 36-7Fi issu�d Febxuary 15, 1�?7, �,nd �indings stated above, staf� �ecommends approval subject to the fol�.ow�ng cr�nditions : 'i � � l . The common lot 1.in�s betwe�n duplex lats �,nd the �� single familv dwellin� ancl a�.ong l.�lst �venue have ye�eta.t�:ve scr�en�:n�, ,: � � _� � � y'; �, .�- , ;i ^ ^, n ; , :. MINUTES � � t TIGARD PLANI`IING COr,�rrIISSI�JN ��:: May 1Fi, 1�78 ;i >� Page 12 � 2 . Ficcess for lots 1 and 13 be provided via- the � cul�de-sac (I!�e�restone Court) . ' ,:� 3. A berm k�e provided along l?lst Street . �.� 4 . That tlle lowest floor e�ev�:tion of any structure ' placed on lot 13 be at least 172.5 feet and that any such structures be flooc� p�oofed and 'a.pproved ' by the bui.ldin�; official as per Section 18. 57.070, Ti�ard Municipal Code . I E. Commission Discussion : �; - Corliss op�osed and 'said it should be a policy to not allow duplexes betweeil single family dwellin�s; Windmill nevel�pment woulc� be encoura�ed to put dizplexes down 121st . - Wood �tated it did not matter if the end of the house ��as sin�;le family o� duplexes. - �uimY�y w�.s op�osecl but would b� less so if they �aced 121st . ( - Sakata was concPrned tvit?�. the floodplain. '° - paterson stated thsre w�uld be sidewalks up 121st. - C�Vood made a motion for approval . - Rassman seconded. The vote was 3-2: Rossman, Popp and F9ood - yes; Carfiiss Ruimby - no; �akata obsl:aine� . r riteeting adjourned at 1 : Q0 1�.��I. �*�. �,i� � , ,�..^ ■�. _ _ F�U]�LSC NC�'�'ICE TIC-.ARA Pi��T�7:1:1�TC COI�i..�lISS�O��T M�y �.6 , a.97 8 -- 7�3 0 P�'i Fa�1�r Juni�r Hi�h S�hc�o�. - �,ectuxe l�.r�am '^' �865 SW �n�a�.nu�r -- Ti;qarc�, c�rEgon 5. PUI3LTC HE7�R2���� 5.�. Z�"�NE �HA.1�7r� ZC 27-7"? (Q�k I3i,.11 �nv�strn�n�:) N�U 3 �,; request b� T�d Milla:r o£ Oa'k �Iil1 xnv�stmcn:�. �a� n gerieY��1 plan and prr�gr�nti �eview o� �?h�Ne �:I a� � ,�R�sic�e��i:al:Cc�mmerc�.�.Z" P� �ar p�x�c�1s tota"llinc3 �. �� �c:res �t thc� inte�s�ctinn of SW Paci��c �-ii:�rxiw�.� ar�d Ga�.zde (T^7'ash. Co,n Ta� L�i�� ZSl 1�qA, T,-�� �,c��.s 7Oa, £�00, ?000 anr� Tax: Map 2S1 :3L7, Ta� L�ts 80C1, 8Q1 , ��OD} , 5. 2 ��3NE cF.�AIJ'G� ZC 1�78 (R��rtbca:l.d/`aishc�p} N�O 3 �1 r�q�.i��� �iy R�mbc�].d/SiNhc�p �ar � p�c�l.�mi�ary pl�iz anc� prag���zm �'��view c�� x� Commerci�.l,�1�ra�essiana7. I?b in a C-3 "�ener�l �orn�nexci.�al" zc�r►e �ar � ? .�3 acie p�,r�e�: 1.oc:,ated an. the ea�� sidc Q� P�.cif�c Highway k�e��,aecn SW Par'k �r�d S�� W�.t�cins �t (���as�i# ��. Ta� N�ps ?S�. �CBq T�a� 1 Lo� 1800, ?�;� 2Ct�. T�x Lot 700, ZS�. �T�A, �kae e��tex�n gortxn� of Tax �Lat �700) � 5.� ZONE CHA.n7'GE ZC: 7.�.�78 (:�x'ogxess B�.b1.e Chu�ci7} 1�T1�0 7 ; � A �e�u�s� by Pr�qr�ss Pibl.c Chur�h �r�_� a �one .yla�a �m�ndm�nt £rorn � t��zshing�on �au��i.y T�S�-7. �� Ci�� R°7 "Sing�.e ��'�mi�.y Re�id�nt�.al" fo� a i � . (7 �,��e p��,x.ce1 ai; 12930 �W S�ho�:f.� �'�rxy Rd (Wash. Ca. Tax �l�p � � 1.S':�. 33A1�. Tax .7.,o�t 710Q) . �,�, 5.4 CONI3TTx�L�fiT., U�E CU �3-�7f3 (�rac�r�ss Bxbxe C�zurch) �1PQ '� � �°e�{ues� by ��`oc�:�esa ]3�.�ale Clzurc}� (Pas•�or Nec�ki,:�k) fc,x� a cc�ndifiional ` �x�� ��x�ma.t tr� apaxa•�� � �k�ra.:��.ian ;chool �,n �n ��ci,�ti.ng church in � }Z,_7 "Sirac�le �'<�.znily R�s�.deni�ia�." za�r� �.�. :t.30th anc.3 Schol.ls �'er_ry I�o�c� �` (Wash. C'o, T��x Afiap �.51. 337aD, Tax Lot 2�.00?} , ri �. 5 CONDIT�ONA]:, U�P CU :iC-76 (�a�erson} NPQ 7 ?� �'�c�u�st k�y �'. A�.lan Pa��x'son to �ea.nst��� �� previotasly gr�n��d �ondita.car�al Use pernlit �ra 1oc:a.�� dtzpZexes �.n a i�.-7 "5itzgl.e k'ama,�y ?��sic�P�.ta.a�°' zone an a �.79 ac�e ����e1 �i: S4�T � Z:Ls�: in the l�e�'estone : �ul�c�i�ri�ion {Wash. Cq. Tax �ap 151. 3�C, xaa� Ln�: 1,�.00) . ��'' ,,� A1.1 pe��nns hava,ng �a.n i.nt�res� 9.n th� he�rirag ma�.ter are invited �o �tten,d �nc1 su}amx� v�ritten an� c�r�1 �.�stimany or submit v�=rit�en ti�sta.many in �dvanc� ' �..�.� L+.AA �pA 4..�.�.�y� . z �. 4. PL�,}?�.1.S�1 T"�.' rJ����$ r�Ti� J/ �.0��� 5 � �. i fi t i'. r �. . I j 3 I # II $ . . . . . .� . � � . . .. .. � , : . . _ _ . . , �. � �; STAFF REPORT �r, ArENDA 5 .1 {. TI�ARD PLA.NNING COP�lMISSInN �' ;V l��ay 16 , 1978 �; , Fawler Junior Hic�h School - Lecture Room �� 10865 �Ti7 Wa1.n�at - Tigard, Oregon +' =(': %?. � fl DockPt: Zone Change ZC 27-77 �' Re uests For General Pl�n anc� Proaram Review of_ Phase II of a $' � �2esidential/Commercia]. Planned Development for parcels �; ,;. totalling 4.24 acres, �i ; Location: S.W. Pacific Hi_qhway and Gaarde Street (�t�ash. Co. Tax r4ap 2S1T�D, Tax Lots 800 ,801,1100 and Tax P�iap 2SlIOA, � Tax Lots 70� ,800) . �� � Applicant: Ted Mil.lar (Oak Hill Tnvestrnent Go, ) �; I � Findings of Fact: ' ;,; s,; l. The applicant is requesting g�neral plan and program `s; review for Phase II of a Resir�ential/Com►nercial ;.% Planr�ed Development in accordance �aith Condition #12 t' or Ordinance 78-7 �ahich stat�s: ' �; �4uE �; "WhPn Phase II de�vel�ps, a general pian anc? program r will be submitted to the Planning Commission for their approval. " � . Thc site is presently zoned C-3 (General CommerCial) ," and desic�nated Retail Commercial, �nc� Commercial. ;�, Professional, on the N`PO #3 Plan. Ap�licable pol,icies ��;. from the Plan are as follows : � �� Poli�y 18 . Pacific Hi�h`aay is developing as a strip ; commercial highway. The traffic--c�rryinc� ca�acit,y of this highway should have the highest priority =A and adjaaent commerci�l deveZopment shotxl.d be ` subordinated to tlzis need. ;; �1 Poli�y 19. In the interest of safety and efficiency, }' the number �f highway' access �oints mus�t be kept �s to a minimu�t. Whereve� possi.ble, k�usinesses on ;' Pacific Nic�hway shoul.d be clustered and share $' commor� paxkinc� taciliti'es and driveways. As new t' development ocaurs, tk�e numher nf access points � should not excead the number necessary �o� ; prop�rty on-s�te traffi.c circu7.ation anc�, ti�he�e , possible, should be combined with acc�es� to I' adjacent business�s, ' � � � � � � � � � � � � � �: � � � _ � . ..... .....__�� . . . � . _ . . . . . . . �, _. . .. STAP'F REPOI2T AGENDA 5 .1 � TIGARD PLANNING COMMISSION ,� .M�y 16, 1978 . F$��,�cy.� 2 Policy 20. Businesses on Pacific Highw�y should be oriented to the existing traffic anc� not draw additional trafiic frnm the adjacent '. community. Any additional con�enience or ' neighboihood cen�ters should be centrally lacated ( �o the market area they servea ; , Policy 21. Development wil,l caincide with the � provisions of public streets, water and ,; seweraa,e tacilities. These facilities shall ;�: be (a) ca�able of adec�ua�ely servinq all ;, ini�ervening properties �s well as the pro�os�d development, and {b) designecl t� rneet City or ��; county stanc3.ards. 3 . Section 18. 56.n1.0' (Z'ic�arc� Mun,ici��a1 C�de) ��ates; The purpose of the planned deveZo�ment district i.s to provide opportunities to crea�e more c�esirable environments through the application of flexible and diversified land development standards under a comprehensive plari and progra.TM prof_es�ionally prep�red. ta�5� ' '�he planned develr�pment district i� intended to be used to encourage the ap�lication of new •technir��aes �`i and new technology to community developmer�t, �ahich �;; will result in superior liuinc� or develoFment arr�nqements with lasting values. It is further intended to achieve economies in land deve�lopment, maintenance, str�et systems, and utilit�� nEtwozks, while providing building araupings for privacy, usable, and attractive operi spaces, safe circulation, and the general well-beiz�g of the inhabitants. 4. Section 18.56.030 provides for general development plan and program. approva:l by the Flanning G�mmission after receiving approva]. in principle of the ; preliminary plan and prnyram and the applicant has � pe�itioned for an amenclment of_ thE zonina map in accoxdance with Gk�a�ater 1�. 88. ; , , � 5 . On November 15, �.977, �the Tiaa�d, Planni.ng Commission ' apProved the prelizninary plan and pro,qa�am review tax � + th�.s proposed development subject to t�e follov�inc� � ap�lzcable condi�ionsz � I (Z) Prio� to the developmen� of any part a;E Phase x ,l rT, a deve7,apment �1an aand a ��a��i,c analy�is � s�al1 be submitted �,o the Ci�ty. , j � � ��<I � _ _.-,.� , . . _ : : S'.I'AFF RFPORT �GENDA 5.]. TIGARD PLANNING C>OP�1P'IISSTnN ��� May 1.6 , 1978 Page 3 ; � (2) The pr.o�erties a,n Phase II sh�11 be provided acc�ss by a private frontacte :�oad. 6 . On rZarc� 13, 1978 the Tig�rd City C:ouncil agproved a residential commer•cial Plann�d nevelo men�t for / P the site that required the following a�ditional condztions: (1) That the seeandary access ta the comm�rcial property in area "A" Phase II as shawn on the site plan be deleted. Access to these pro�erties to be determined during �he submission of a development plan for Phase II. (2) That a pedestrian access to Pacific Hightaay be consid�red durin_q the desic�n review procPSS. 7. On May 23 , 1977 the Tigard City Coizncil apprc�ved a Conditional Use permit �or a used car lot on Tax Lot 1000 (Tax Map 2513DD) with the follow�ng applicable condition: �� (1) '1'he Southern access point b� permanently , closed, and the remaining acces� point onto S.�9. Paci:fic Highway be permanently closed if_ an alternative means of access (frontaqe road) is developed. 8 . The appliGant has submitted a traffic analysis 4 conducted by Stevens, Thompson and Rumyan, Inc. , Engineers/Planners. In summary the r�port states the fnl�ov��ing: � "If a1.1 �l�nned �oadway improvements (i.e. sepazate left turn lanes on Pacific Hic�hway #_l 4V, et�. ) and a 5 phase signal are pr�vided �t McDanald Street in conjunction with your proposed develoFment, then a11. anticipated �txaffic volumes �,nd turning movements 11 �an be handl,ed tazth no problem. 1° ,� _, r; A copy of this report was forwarded to the S�ate . Highway Department for review. Basically they i� conc�r. with the consultants report as beincJ adequate k; in regard to th� development of tax lots 700 ancl ,� 1.10� {see attached l.et�er) . Bill Geibel, nis�riat + Engineer, states that they are proceeding with thF: design of the fi�cie (5) phasE signal a� S.W. McDnn:al.r� bas�c� on the consul.�ant's report. The Highv�ay = Departmen� has the �0,11.owing speeific concerns relatea s �o the pxoposed deve].opment; � i � • . __ < ,, _ _ : . _ . �.; �; �:i �,� ' t. �1 ST�FF REPORT E;' Z�GFNDA 5.1 '�; -TIGARD PLANNING COP�:[M;LSSION z'' May 16 � 197£3 ;; P age 4 s'; F; � �. - . � � � . � . . . � .. � . . . Ps;; l. ''That a sufficient setback be required at the �' corner of Gaarde and 9'9W. There is a proposed k' signal installation at this location in the �'' 5" upcoming TSM signal project. It would be fair ��� �o guess that a minimum 40 feet radius woulcl be ' needed at this corner as part of that project. There is currEntly an inadequate 10 foot radius.'" ,i 2 . The traffic report da�s not provide enough �_nformation to comment an the ccncept of � -' proposed frontage road connectinq the subject anproach and tax lots 110� ,1�0�,90� and 800. _;i 9. The ap�licant is proposing t� locate �n Elmer' s �` "` Pancake House in the sautheastern portion of Phase II (Gaarde & Pacific Hwy. ) . A primary (45 foot wide) access is �to be provided fr�m a contralled intersection at Pacific Highwa�� aligned with S.i�1. � b4cDonald Street. A secondary (30 foot wici,e) access is also proposed off of S.W. Gaarde, appz-oximately 160 feet west of Paci.fic FIighway. F:. � The ap�plicant has not desiqnated specific uses for �`'" the northern commercial area "A" and ccimmercial/ prc�fessional area "B" . However, trie n�rrative ; includes a list of pos�ible uses for these two areas. �� The list includes both permitted and some c�nditit�nal `' uses in the C-3 (General Commercial) and CP k ', (Commercial/Professior�al) zones. St�ff finds that thes� uses conform to the NPO #�3 Plan and would ' compliment one anothex. Staff_ further finds that the anticipated traf.fic fram these uses can be ` adequately control.led/handled through proper site ; planning and the signalization of the McDonald Street I� intersection. { , 10. Adequate sanitary sewer and water service are j available ta the site via existing lines in S.Y�T. ' Caarcle and ar.e being ex�ended to the s�.te i.n conjurietion with Ph�se Z development to the west. 11. The applicant's naxrative states that storm water drainaqe wi�.1 be handled as a sir�gle problem �or ' both Phase � and Phase II. They in�end to ].imit run�ft to �the rate gexa.eratPC� trom �he pxppe�t,y prior to devel.opznen,�. A.t the time of �this writin,,q the applicant hac� not sukimitted a c�etail.ed s�orm , drainage p7.an, �' � _' i ;,� � �'I, , S7.'AFF �2EPORT AGEND� 5.1 TIG�RD PLAP+iNING COMMISSTON � May 16 ,- 1978 Page 5 12 . 'The NPO #3 Plan designates S .W. Pacific Highway as an arterial street requirinq 80-12� feet of right-of-way, Thea�e is curren�ly between 80- 120 of right-of-way at this point. Southwest Gaards is designated a collector street (NPO �3) requiring a minimum 50 feet of right-of- way. However, previous Planning Commission actions have required a 60 foot right-of-way �n Gaarde, The current right-of-way is n0 feet. Therefore to be consist�nt with previous decisio�zs an additional 10 foot dedication is needed along 5.ta. Gaarde Street. II. Staff Observations: l� '�'he gr.onosed pa,rking area ar�c� drivincr aisles, as illustrated on the site plan, are � intendec� to serve the southern commerc.ial area "A'° (Elmer' s Pancake House) and is extended north �a Tax Lat 1000 (Tax Map 2S13DD) designated as the central area "A" . This design is ess�ntially a continual parking l�t and ,� for the following reasons staff feels the site plan �;� daes not meet the intent of thP Plannin.g CommiSSion requirement f_or a frontage road to serve the development in Phase II : (a) Th� access drive has not been extended through �ax :Gots 900 & 1000 (Tax �Iap 2S13nD) . � (b) The appl.icant pr.oposes direct �cc:ess to Pacific Highway for the camm�rcial/pr�f_essional area °1B" . (c) No provision has been made fo.r future ar.cess to Tax Lot 1000 (Tax Map 2S110A) to the v�res� of the proposed Pancake House. This site was included ��, in the preliminary plan. I I (d) The site plan does not provide foi adequate I tratfic circu],ation. The parking adjacent to the main driving ai.sles create a potential I conflict with smooth �ra�fic flow through the d�v�lopment. �.'here arc� also several tight �urning rac�ii which wauld restriCt emergency vehicle access; as per comments from �'oe I Gx�ueliCh, Tual.a�i,n �ire District. � � I _ . . �, i;. � e. �,� r::, ' I;: STI�FF' REPORT AGENDA 5,1 JI TIGARD PLANNING COMMISSION �;' May 16 , 1978 �I Page 6 �; {.� 2. The site plan is also not sensitive to the intent !' of the planned development district, to create a ;� more desirable environment and to �rovide building groupings, privacy, usable anc� attractive open �,! space and safe circulation. {` ;., The following are areas where staff feels the plan '` is deficient: . • �' f 1. The proposed .location o�' the Pancake �Iouse �' essentia.11y creates an island in a sea of asphalt. �;, �;, 2. The proposed parki�lg pattern con�licts with smooth, and safe traffic circulat,ion and no "' provisions have been indicated for safe ;< pedestrian ci.reulation thxoughout the development. � 3. A potential e�ists for noise ancl heac�light intrusion into the residential. area (prima-rily lots 14-16) as automobiles enter from Pacific � Highway and negotiate the turns (nortY� and south) through th� development. j' � 4 . The site p1an, as submitted, essentially creates, at least, a three �hase devel�pment � or more accurately creates 3 0� �# separate �'� developm�nts instead of providing one well designed � develapment plan. The general plan and program �, should clearly define the basic framework ax�d design criteria to guide the future ± desa.gn o� each �pecific elem.ent. ! Y' 5 . The applicant' s na��ativ� onlv leo�el.y c?efines ; the types of potential uses for the site with the exception of tY�e Pancake �iouse. In terzns ' of amount of development proposed only a vague ii ref�rence is made• �to a poss:ible 3500 to 40D0 i square �ao�t building on to 1100 (Tax Map 2S13DD) . No mention is made to the amount of potenti�l ! development in area "B" e !` ,. IIZ. Conclusionary Findings : � i ].. The �ropased development substantially conforms to i the l.and use designations of the NPO #3 Plan. r` i � `, �� ��, � !r ; _ _ ., _ _ , , _ �'' ,:: � 1;i , �; F" �� STAFF REPORT li� AGENDA 5, � l'� TIGARD PLANNING COMI��ITSSIQN ' �' �.:, May lh , 2978 r; Page 7 ;� �; } �owever, the P1an does no•t conform 'to the izatent 1;; ot �he p�.anned c�ev�l.apment district to p:�ovic�e a �° mare desirable development and �ai1s , to meet the ,' the coilditions attached to the preliminar�r a�prova_t ' (11°15-77) .. ;: � (�`� 2 , The a�plicant has not provided su�;ficient tra��ic c�ata to evalu�,te th.e fronta�e roacl cpncept required by the �lanning Commission as a c�ndition o� �j preliminary plan a�proval.. Tn fact, the site pl�n does not even re�'lect a �rontaae roac�, instead the ; ', basie configuration is that o� a parki.nc� 1ot*. `l Sta�f �urther finds that the application is incomplete in that it cloes not provide: . (aj An adequate tra��i.c circulati,on �attern (both pedestri_�n and vehiaulax) that incorporates the entixe development area. ` (b) Preliminary plans of typical buildinc�s and �- structuxes, i.ndicatinq their �ene,ral heic�ht� ! �.,a bulk and ap�;roximate locati.on (on all lats � within the �lanned develo�ment) , (.c� Tax Lots 90� & 1000 (�'ax TRa� ?.S13dd) Y�ave been omi.tted and were intendec� to be in�luded as part of the p�eliminaa^y �l�n ap�araval. ` IV. Staf;f Recommendations; Based on the �indings of fa�ct and conclusionarX .�indings, staf� recommends denial. of th.e Phase TI gener�l ].an P �nd program as submitted, z� the Comm�ssion �lects to approve the �ec�uest, st���� xecommends the folZowin� conditi�ns be attached� � ;. � -, 1 . That prior ta Submission �ox Des�gn R�Vi�w a complete storm w�ter c�etention �lan, coyexi.nc� Phase I & �I '; be subm�.tted �or both �xeaon State HighwaX DiVisipn � ! and Public HTorks Depa�tmen�t approvals . � 2 . 'Shat a detailed site c�eve7,o�ment plan be submittec� � �'or design xeview' appxoval tp i�.c�uc�e a �r.ontage/ s�aine xoad (cooxdinated with tk�e owne,r o� Tax Lots � 90Q & lOQp (�'ax �Ia� 2S1.3DD) , sepa�a�e �ark,ing ajreas, ` � and �inal. locati.on o� a].1 �roposed bui�.c�inc�s, '' � 1az�dsea�ing and �edestxi.an/vehicl.e access/cixcu�,ation. � , ,;. : ��' ...�� ;,I� . � � F. :.. � � . . � � . . . . . . .. . .. . �, . ;�::I , " STAFF REPORT I AGENnA 5:1 'I TIGAIZD PLANNING COMt�!TSSIOLI r..,. May 16 , 19 78 , � '. ; page t3 , 3. That a m�nimum 4Q foot radius curk� be provided '� ' at the corner (north side) of Gaarde and Pacific Highway 'as specified by the 5tate Highway De�artment: 4. That a traffic analys�:s report be submit�ed :prior to Design Review that includes the impacts �f th� fron>tage road. � 5. ' That 10 feet of right-of-way be dedicated along the S,W. :Gaarde Street frontaqe anc� that a half street improvemen� be made to collector street-staradards ' as ' specifiec� in the NPO #�3 Plan. 6. That the necessary right-of-way, as sp�cified by ' the State Hic�hway Department, be provided alonq the `� Pacific Highway frontac�e and that margin improvements, be m�de including 5 foot sidewalks and curhs. �.... . � ' �--�---_�._ , . . � ' STAFI' �t�PORT AGENDA 5 .2 �a� TIGARD PL.ANNING COb4MISSTON , " �day 16 , 1978 Fowler Junior High School - Lecture Room � 10£365 S .W. Walnut Str�et - Tigar�i, Oreg;ori Docket : Zone Chang�� 1-78, resubrnission of preliminary plan and program (tabled 2/21/78) �equest : For a Retail-Commercial/Commercial-Professional from C-3 to C-3 Planned Development on a 7. 8 acre parcel . Location : Southwest Park and S .W. Watkins Streets, west side of S .W. Pacific Hig�iway (Wash . Co. Tax Maps 2S1 2CB, Tax Lot 1800; 2S1 2CC, Tax Lot 700; 2:51 �DA, the eastern portion of Tax Lot 4700) . A�plicant : Rembald/Bishop Properties I . Findin�s of Fact : l . This applicatian represents a realzbmission of a requ�st tabled by the Planning Commission on �w, February 21, 1978. The request was tabled becau.se , it was preceeded bs� a request to amend. the comprehensive plan which was denied. The applicant was then advised that in order to proceed with a planned develapment for the subject property it would be necessary to submit a revised plan which con�orms to the comprP- hensive plan (NPO #3) . The applicant had requested to amend the comprehensive plan desi�nation from Commercial-Pr.ofessional to Retail-Commercial. In spite of the Planning Commission 's dir�ection to develop plans in conformance with the City `s �,dopted plan, the applicant has again subtnitted � a plan which substantially depa:��ts :�xam it e The �irst plan taad a tota.l o:f 68,600 sg,uare �eet o� i retail-comr�ercial floor area. The reviseci plan pro,poses 56,900 squ�re :�eet , A reduction of ; 11 , 700 square �eet ox 17%. The amount of j co�nmercial.-pro:�essional space has been ea�pand��d � from 5,600 sq,uare feet to 36 , 830 sc�uare �ee� ur � 557%. � , The compxehe�,si�re p�.an requa.�es a comme�c,ia1- � professional deve�.apment With anca.11.ary and � support�.ve comrnercia�. uses. �he app].ican�t 's j � proposal 11as s�ibstanta.a].�.y Z.argex amounts o� � ; ; � i , i s i i 1 �. _ ... ,. , i � a STAF�' ItEPORT � AGENDA 5 .2 � r,,. TIGARD PLANNTNG COMA+IISSION �.. . `A�ay 16 , 1978 Page 2 retail-commez•cial space than commercial-professional ` space. In faci;, �he su:brnitted narrative (page 1, first p�;ragra.ph) reiterates testimony presentecl in ' the comprehensive plan amendment request, critici�i.ng the p-lan for alledgedly desi�;nating an over supply of comrnercial-pr�fessional 1and. While the applicant may still hold this o�inion, this a�gument was rejected � by the Planriing Commission when they denied ; the request on February 21st . By rnaking this a�gument again the applicant is acknowledging �that his request is no� in compliance with the City's adopted Cornprehensive Plan, the first and primary test of a�ny ! zone change request (eg. Ba.ker Vs . Milwaukee) . 2 . For. turther findings relevant to the Comprehensive Plan see th� attached stafF report rega'rdi�ng the Compre- hensive Plan Amendment request of February 2�st . This pro�osal is similar enough to the �riginal that this earlier staff report �.s still pertinent . l . Section 18 .56 . 01� of the Tigard Municipal Code states that : ''Purpose . The purpose of the plannec� development �,.,, district is to provide opportunities to ereate more desirable errvixonments throu�h the application of flexib].e a.nd diversified land d�veYopment standards under a comprehensive plan and program professional�yprepared. The planned develogment distric�t is intended to be used �to encourage the application of new techniques and new technology � to comrnunity development which wi11 result in � superior izving or development arrangements ivith ; la�ting values . It is further in�tended ta achieve �� economies in ]:and develo mex�t maintenanZ::e street p � , ; systems and utility networks while px�oviding , building group�.ngs �or privacy, usable a,nd .� ` attractive open spaces; sa�e �ixc�.lation and the � general we].I-being �f the inhabitants. " � 2 . Sec�ian �.8. 56 .020 provides for preliminaxy plan � and program review by the Planning Commission and' � requires that such review be based upon �he compre- 1 hensive p1.an, the standaxds of this ti�;�.e, and � othex r.egul�tions and �he �uitability o� �he E proposed de�relopment it� rel,atipn to the character ;�� of the a�ea. }j �I +I �». _ fl 1 ; � _ _ _ _ �'i � i.; r ` �s'. - . �.� � ' . � �`� STAFF REPORT �:' � AGENDA 5. 2 ;'i TIGARD PLANNING COMMISSIUN �': � May 1F�, 1�378 Page 3 3. The applicant has no� sh�wn a ph�.sed devElopment '' pl,an. This is a requi.rement of �t;he Planned ! I�_; Development zone. �i �� 4 , Description of the types, locations and amounts of �eparate land uses are clearly set out in the ; applicant 's submission and are therefore no�: reiterated ir� the staff report . � �. The parePl is surroui7ded by single _family Y�omes to the north and west ; to tlze south and southeast and across Pacific Highway are several large und�veloped '; parcels and commercial buildings. � 6, For an assessment of the traffic impacts of this or alternative devel_opment schemes, see Carl Buttke 's report which was connmissioned by �tt�e applicar�t . Note that on page 28, Mr. Buttke states that option #2 (the applicant ' s proposal) will result in total traffic saturation for this portion o� Pacific Highway i on a Friday peak hou.r by 1990. Also the conclusion on the same pa�;e states that , o� the three alternatives examined, option 2, "would have the greatest traffic im act and could cause the raatest dela and '' P g Y � � congestion to motorists on Pacific Highway. " ; � +. 7. Directly across from the subject site on the east � ' side of S,W. Pacific Highway, the P�.anning Commission `? approved a ro 'ect (CII 2�-76 for the devel�pment of P J ) a �amily activity center. As a requirement of the amended conc�itional use permit �or this project , the developers were to provide a central acce�s point from the site onto Paci�ic Highwa,y and close of.f the north and south enda of the fxontage road. Implicit in thzs aondition was the inter�t of the Planning Cornmission to provide for a signalizec� intersection with the undeveloped parcel on the west side of S .W. Pacific Highway. This i.ntersection makes desirable � the realignment of S .tiV. Park Street with the a.ccess/ egress on the family activity center site . `; During the pre-application meetings with the applicants, �� sta�� had rec�uested that a realignment of S.W. Park `� Street be incorporated within the site plan as per ; Planning Commission intent to be consistent with the C' previous Planning Commission action across Pacific i Highway. ; �' f i � 1 s i { , _ i i • i ' " i [ Y .� . y�. . �. . . . .. . . . . . � :� . . � '�'i STAFF REPOR� AGENDA 5.2 F, - TZGARD PLANNING GOMMISSION �;. 112ay 1�, 1.�;8 a Pag� � 1 The proposed plan lines up the main entrance � with the proposed realignment of the frontabe � road across Pacific Highway. However, if this � intersection were signalized, it would be of benefit � to the commercial area only, �.nd would no't � , accommodate tlze residential traffic from the Derry i ne11 area presently �zsing the Park Street� 9 i , , Staff disagrees with the statemerit of Carl Buttke j re�ative to the r�alignmeill; of Park Street , Hi-s j comments were made without a �ull knowled�e of the ; proposed Park StrEet real.ignment and do not reflect ' the Planning Commission ' s previous objective of p roviding aceess to two sizable commercial areas � and a residential area through a singular signalized j inte.rsection.� ' � This rea7.i_gnment will not encourage tra�fic through : the neighborProod served by Park Street if the land � is developed accoxding to options 1 or 3. In '! addition, the conflicts referred �o by Buttke on = Park Street will be eliminated by the closure of its � Paci�ic Highway access point . ��. II . Conclusionary Findings : l . The propo�ed planned development does not conform -to the land use designation and policies of the NPO � #3 kl�.n , p t � . Tr�e applicant has not provided for the realignment �' of S .W. Park Street with the adjacent parcel on the � ; east side of S .W. Paci�ic Highway as per staff � recommendation and is not consistant with previous P.lannir�g Commission ac:tion on the east side of � Paci�ic Highway. , �' 3 . The Pie�tro ' s restaurant location is obviously �, x stxi� c�mme.rcial development schem� and in no way ` meets the NPO ##3 Plan objectivE of restricting the continuance of stxip commercial development on this ':' portian o� Pacific Iiighway. � YII . Sta�f Recommen�ati.ons ; � � "i Based on findings o� fact and conclusa.onaxy �a:nda.ngs, � sta�f recommencls denia�. o� �he prela.nnix�axy planned ; devel.opmen� proposal . � �,. � �� a i _ __ �� . ,, �� ' � STA�'�' R�PQRT " AGENDA 5, 2 . �,.: TIGARD PLANNING COMMISSION ti� May .�6, 1978 Page 5 If the Comrnis:sion elects not to deny the xequest as recommended, staff recommends that the request be tabled until the following information `has been: submitted: 1 . A storm water detention plan be submitted for bo�th Oregon State Highway Division and Public �Norks Departm�nt approvals. 2. That a realignment of S.W. Park Street be shown on a revised site plan. 3. That a revised sit� developmen�t plan be Submitted. If the Commission el�cts to approve the request, staff recommends that : 1 . A storm water detention plan be submitted for both Oregc�n State Highway Division and Public Works Department approvals. 2. That a realigr�m�nt of S .`V. Park Street be shown on the general plan submiss�:on. �, 3. That a revised site development plan be stxbmitted. 4 . T�.at an agreement be abtained from the Oregon State Highway Division aceepting the stoxm 'water outfall with�.n their system. 5 . That an indirect source permit be issued b,y the Department of Environmental Ruality prior to final zone change approval . 6 . That the site plan be red�signed to accommodate access to the Rebel Car Stereo and AwfuZ Bras . Gas Sta�tion sites, and �he Cr�ss-easements be provided bet�veen the developrnen�t and �hese two sites. 'T. That a phased development pla�n b� submittec�. 8. The existing billboard on the site be remaved, � �.�. . . R. . . . . . . . . �Y. . � . . . � . .. � � � � � STAFF REPORT A(;ENDA 5. 3 i May 16 . 1978 � Fc�wler Junior High School - Lecture Room � 10865 S.W. �Nalnut St.reet � Tigard, Orec�on f � Docket: Zone Ch�nc�e ZC 11-78 � , �i REquest: For a zone map amendment f_rom County RS1 to City t; R-7 "�ingle Family Residential" for a ?, .0 acre parcel. ` �:' Location: 12930 S.W, Sch�lls Ferry Road (i�7ash. Co. Tax Map ��� 1S133AD, Tax I,ot ?10�) . Yr' A�plicant: Progress Bibl� Church �' I. Fir�dings of Fact: �:', :;, 1. The site is desiqnated "Urban Low Density Residential" on the Tigarc� C:ommunity P1an, 1971, and "Urban Tledium Density c�n the NPO #7 nraft Plan. The site is ct�rrentl zonec� RS1 Count - Y ( y Suburban Residential) . 2< The applicant is requ�sting the appi�cation of the City of Tigard 7oning Orc�inance to a 2 acre �r= parcel annexed to City in September 1976 , ;K,. (Orciinance 76-�0) . � 3. City of Tigard Ordinance 78-5A (February 27, 1978) `,� dir.ects the Planning Commission to con�uct such � proceedinc�s as may b� necessary to conform the authorized z�ning and land us�; of the �arcel to ` the requirements af the City' a 7oninq M�p and Code. 4. Th� site is currently occupied by the Froqress Bible Church, a mobile unit which is used for Sund�.y school cia�ses and a parkirig lot. The sou�the•rn portion of the site is vacant. The church has been operated for several years under appropriate authorization from Washing�ton County. 5 . The existinq structures are on a septic tank system. The applicant's nar_rati�r� states that they have ... . experienced problems with� thQ septic tank drain�ie].d which resulted in the count,y greatly r�stric�ing the ope�atinq capacity of the chur.ch. Sanatary sewer service is currently not avail.able to thP site. Sewer se�vice wil.l not be availabl� until. the Summer � Creek trunk line has been constructed. � 6 . T�later serviCe to th� site is currentl.y pravided vi.a � � � a private weii. Th� Tigard C�7ater Distr�.ct pxesen�l.y . `t { _ , �� - _ - , � STAFF REPORT AGENDA 5. 3 May 1.6 , 1978 Fowl.er Junior High Schco7. - Lecture Room ' 10£i65 S.W. UJalnut �treet - Tigarc�, Oregon Page 2 do�s not s�rve this ar�� . Th� neares� line is a 12 inch 1:ine ez�t�nded .to 121s� and Scholls Ferry Roac3. 7. So�uthwest Scholls Ferry Ro�d is designated an arterial street rec�uiring $0-120 feet of right- of-way. The existinc� right-of-way is currently 60 fee�t. 'I'her�fore an additional .20 feet , dedication is required. 8. 5outhwest 13�Jth Avenue is a local street and is not intend�c� to be extended through to the ' Summer Lake Planned nevelapment to the south. ; The street is currently only graveled and �resently � serve� the chnrch and .five sinqle family homes. � , II. Conclusionary Findings: � 1 a l. There exists a puk�lic need to ap�ly Ci�ty of I'ic�ard � Zoning to all parcels of lancl in the City .in order � to �ase the administration of land use regulations � and assume consistency throughout the City. ; �yY 2 . The proposed R-7 zoning district is com�atible with � the surrounc�ing zoning �nd the Urban r![edium nensity Residential Plan designation. 3. The mobil.e unit, used as a classroom is a temporary structure and requires a temporary use permit in � accordance with Chapt�r 18 . 8d of the Tigard Munic.ipal � Coc1e. � III. Staff Recomrnendations : i l. Based on the findings of fact ancl canclusionary � ' findings , staff reeommenc�s approval subject to the tollowing conc�itions: � ; 1 . That 2� feet be dedicated ta the public alonc� � the Scholls Ferr,y Road frontage for �uture � y highway improvem�nts. 4 � 2. That the sept�,c tank systFm he appraved fox �.he ' existing u�e by the Washington Count,y Board �� � Health. � 3. That the mahil.e classrooms be remavec� �r a i temporary use permi� be obtained fxom the City � Pl.an�ing Commission or City Council. STAFF �E�ORT AGENI�A 5 .4 TIGAEtD PLANI�ING COMP�ISSIOr7 (� May 16 , 1978 `� Fowler Junior High Sclzool - Lecture Room 10865 S:��7 [�lalnut - Tigard, Oregon Docket: Conditional Use CU 13-78 Request: To o�erate a church and christian school in an existina st.ructu.re in a Ft-7 "Single Family Resic�ential" zone. - Location: 12930 S.6V. Scholls Ferry Road (Wash. Co. Tax Map 1S1 33�D, Tax Lot 2100) . Agglicant: Progr�ss Bible Church I. Findings af Fact: l. The site is designated "Urban Low L�ensity Resid�ntial" on th.e `ric�ara Community Plan , 1971, and 'YUrban Medium Densi�ty" on the NP�O #7 Draft F�lan. The site is currently zoned R51 (County°Suburban �esic�ential) . � 2. Tn a residential zone, churches, s�chools and their acc�ssory uses are allowed as conditional uses, Section ,� 18 . 20 . 020 (4) and (I7) respectively, (Tigard Municipal �, Code (TMC) . 3. The site is currently occ,upied by the Progress Bik�1e Church, � mobile unit (usec� for classroams) �nd a parking 1ot. The southern po.rtion of the site is vacant. The church was originally authorized �iy l�/ashington �, County bizt has subsequently been annexed to the City ; of Tigard (Ordinance 76-40) . i 4 . The existing structures are presently on a septic tank ; system anc� sanitary sewer service is currently not { available. Service is exp�cted to he avazlable in the near future following the construction c�� the Summer Creek trunk lin� by the Unified �ewerage Agency. � f'� �� 5. Water s�rvice for the site is presently provided via �. a pri.vate well which is �pparentl.y adequate for the ; present usage. The nearest Tic�ard Water District 1i.ne ` is a 12 inch line located at 121st and Scholls Ferry � R�ad, approximately 1/2 znile to th� �ast of the subject � parGel. � i � : 6. The appli.cant is reguesting pprmiss�.on, in ar.cordance j with Chapter 1.8 . 72 . 020 (Tigard. Municipal Code} to � reinstate operation of the Progress Christian Academy using the existing church tacil.ities. The applicant' s �: _. , �.�.-: , . � _ - , , STAFF REYORT AGENDA 5, 4 i �Iay 16 , 1978 � Page 2 �: � � narrative states that, prior to annexation to Tigarc�, � a fully accredited church operated school - grades kincierc�arten thr.ougfi l2th grade was operated with the � permission of [^Jashington County. Tn 1975 the school was servinc� 89 students. i Ho�aever, the applicant _further states, that in 1975 � they began to experience proble�s with the septic �. tank drainfield. This resulted in the County greatly � restricting the school's capacity, until s�wer c�uld �; be provided. Since that time the school has continued r with only about a dozen stu�.Ents. �� F Based on: the availability of sanitary se�aer servicE t' in the near ftxture, th� applicant is seeking permission � to expand full sch�ol services to a minimum of 150 4; students, which is the capacity of the existinq facili�ties: '` No additional site deve�op�ent is px.�pos�r� at t,his time. 7. The existing parking area is substandard, currently �; only approximately half pavec� anc� no�t landscaped. 'There 7'. are two graveled parking areas , on� north and one south � o� the paved portian of tiie lot. �_ The submitted site plan c�oes not desiqnat� the num3�er �� of parking �paces provided. T-Iotaever, the applicant �� states, that approximately 80 spaces ar.e available. �` A.fter ar� on site inspection, staff lzas c�e�erminec� that �� there are 46 marked spaces and estimates an addit�onal �. ,: �0 unmarked (graveled area) spaces. i�:: Secti�n 18 .60 .120 (Tigard Municipal C;�ae) minimum ,I space xequirements for off-stre�t parking r�quires : (,� h"'. (3b) - (:hurches - 1 space for every 6 fixed seats on �' every 12 feet of bench lenc�th and/or every 1Q0 f � square feet of grass floor area where no �? permanent s�ats are maintained. �� �� (3f) - Schools , senior hi_qh and equivalent private or �� parochial school - 15 spaces, plus 5 spaces per i.l classroom or 1 space per 4 seats or 8 feet o� ;j bench lenc�th in the main auditorium, which ever ,.1 is greater. � (� The applieant states that there is seating capacity for ; 130 people in the main auditorium and 90 desks in the ?; basement classroom area, There are a.lso 2 classrooms in � the mobil.e �unit. Therefore, the maximum number ot ;� � pa�kinc� spaces r�q�ired would be 8�. spaces or (15 , pl.us ? 23 �or desks, 33 for the auditozium ar�d 1.0 �'or �he � mobile clas�rooms) . sa �`. , � � � � {. ....�.� _ - — _ . _ � � . ' # � � � � � . . ./ '° . . . .. � .. . . . STAFF REPORT AGENDA 5.� E�ay 16, 1978 �,:;. Pa�e 3 �a 8 . Access to the site is pro�i.dec� via a 25 foot access to Scholls Ferry Road and an essentiall,y unrestric�ed access off �f S .[a. 130th Avenue. Gouthwest 13Otri is in extremely substanclard condition (only graveled an.d .full of chuck. holes) . In a previous decision (Summer Lake) the Planninc� Commissian decided not to extenc� improvements �0 130th. through to Scholls Ferry Road. HoweVer, the street sys�em f.or this area has not yet been determined hy the NPn �#7 Plannina group. Although 130th may not ultimately be a through stree�. it wi11 sti11 mast �:ikely be rec�uired to serve the churCh and adjacent Fro�erties the south and west. �he need for improvements to S.t�1. 130th has not been determi.ned at this time, but some ?mprovements will be needed as the adjacent properties develop. TI. C�nclusionary Findinqs: l. The church is an existing use and the rhristian Academy nas been operated, at this site iri the pa�t without adverse impacts on the surrounding area. Ftawever, until recently, this area has remained essential.ly �. undeveloped. Nev�r the less further development of the area wi�.l, result in an i.ncreased need for the services provided. 2. The in�ensity of the prop�sed use is such that it vaotxl� n�t result in a� incom�atible relationship with surrounding properties, provided that b�ses and/or car- �ools a.re used to transport studex�ts to and �rom the site. Typical church activities gen�rate t�xe highest tr�.ffic on Sunday mornings and other off-peak hours and should not adversely impact traffic flow on S.C�1. Schalls Ferry Road, a]�though left tur.ns into the site coulc� be a problem. 3. Use af the existing facil,ities for schoal �urposes is currently seve�e3.y res�trict�d due to subsur.face sewerage � problems. This restricti.on can be eleviated in the �� near futuxe, with the pravision of sanitary sewer service. ; 4. The mobile classroom unit is an unsightly temparary � struCtur� a,nd in accord�nGe with Chaptez' 18. 80 (Tigard Municipal Code) requires a �emporary use permit issued ' by either the Planning �ommissio� or City Council ; depending c�n the duration af the tem�o�a�y us�. ; 5 . The Chra.stian Academy �ai11 �rovic�e an alternati�re for paren�s seeking a Bibl� or.iented educati.on for �he�.� ch�.].�.ren. , , , _ , �� ,� w� � �; �; STAFF R�PORT �' AGENnA 5.4 i; �� I+�Iay 16, 19 7 a i�, Page 4 ti,� (:, ,;� III. Staff Recommenciations: . . � . . . . � . - � F'i,. Aased on the findings of :fact and conclusion�ry finc�ings ��? staff recommends a�proval, subject to the follor,ving �"? �; concia.tion s: �,� i': 1. Tha� prior to the �rovision of sanitary sewer servic�, {,', the operatian of the sckiool be restricted to the nuinber j' of stuclents specifically authorized hy the YJashinqton County Boarc� of Health anc� approp�iate docum�ntation of f; - such a�proval be filed with the City of Tigard l' Planning Commission. '' .: .` 2. That �rior to expansion of the s'chool to fu11 ca:pacity r; (150 5tuc�ents) a site plan k�e submittPd for Desig:n �' Review approval in substantial compliance with the � � City' s parking and landsca�ing rec�ui.rements. 3. That the mobile classrnom unit be removed or a temporary use permit b� obtained for a specific time " periad. �� � � � 4. That the ap�licant file �vith the City Recorder an >; � agreement �ot t� remonstrate against thP formation �? of a Local. Improvement District (LID) for future stree�t i.mprovements to S.YJ. 13Oth Avenue. ' ;; b: �� �� � ;,� ;I � i ' ,. 't, R y:; � � � � � �'i �. ' :. ,. 1, }s �� ._. _ � _�.�--� , .,_ _ MEMO F.AN]Ji7lYi �i` �, TO: Planninc� Commiss:zon FRn3��i: Ben Altman, Assistant Planner SUB�7ECTc Reinstatement of a �reviously granted conditional use : permit (GU 36-76) to locate duplexes in a R-7 "Single Famil�r Residential" zone. DATE• May 12 � 19'78 On February 15, 1977 the Planning Commission aZ��roved a request to locate duplexes on lots 1 and 13 in the r�erestone Subdivision. Due to various unspecified del�.ys in recordiner the final pl�t the one year expiration of the stzbject c�nc�itional use r,�as overl�Ukec1 and subseqtxently lapsed. The applicant is now requesting that the conditional us� be reinstated with the same canditions attached to the original approval on February 15, 1977 . Essentially, no conditions have chanc�ed and therefore the arigina.T staf� report is sufficient and has heen attached. A copy o.f the minutes fram the February 15 , 1977 hearing have �lso been attached F,µ for your ret�iew. Adc�a;tional Findings : The �nly item nf concern to staff �hat was no covered in the or_iginal staff report would be the matter of the flood plain ds related to lot 13 on the south side of Merestone C,ourt. Since the original submission of this subdivision proposal there has been considerable discussion related to the flood pl�.in and subsequent development on the south side of Merestone Court. f3asec� on the most current data, including photos taken during the hiah water in December, ].977 staff is a�nfident that a 171 faot £�.o�d plain elevati�n is �ppropriate f�r the site. Section 18 . 57 . 07� , 'i'iga.rcl Municipal Code (floo plain standards tor permitted structures) states as fo1loF�s: 1.. The 1.owest flaor el.evation of a structur.e designed for human occu�ancy sha�.1 be at le�st one and one-half �eet above the flood surface elevatzon; 2 . The lower p�xtions of any structure shall be flood proci:�ed or otherwise protected from significan� damage by inundatio� to a minimum flood su.rface elevatian one � one-ha1.� feet above the surface el.evation of the regul.atory fl.00d; .,_---� , ., . , ,. � . ; ; y ALL�N PATTERSON T` CU 36-76 May 12, 1.978 Page 2 �. 3. The design of substructures an:d Staructur�l, members o� all buildi;ngs sh�Yl be desi�ned to wi.thstan.c� expectec� water �ressures and v�l.ociti',es as we],l as �ni�imi`ze flood r3sk conditions. Staff Recommendations: Based on the basic facts anc� findin�s st.ate.d in. th� sta��' repprt (Agenda 5. 3, k'ebruary 1�, 1�77� , the con.ditic�ns attached �i�r th� Planning Commission to tlie original apprpval: of, CU 36�76 issued February 15, 1977, and findings stated abave, staff. recommends approval subject to the �ollowin,a conditions; 1. The commoin lot lines between duple�c lots and the sinqle �amily dwelling and alonc� 127.st Avenue haye yec�etative screening, 2, Aecess �or lots 1 anc� 13 be pro�ic�ed via the cultde�-�sac (P�ierestone Court) . 3� A berm be provided alonc� 12Ist Stree�. 4. That the lowest floor elev�t%on of any structuxe placed �^ on lot 13 be at least 172,5 ,f,eet and tY�a,t any such structures be �1oad pro��ed and app�o�red hy the build3,n,q official as per Section 18 ..57.07Q, �'i:gard T�unicipal Code. ; ; 'a � i u 11 � � p� i i � � � i i � i !t I