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Planning Commission Packet - 09/05/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. t,0 ,A NDA iTIGARD UOMMISSION September b, 1978 - 7: 30 P.M. At, Fowler Junior High - Lecture Room qt 10865 S.W. Walnut St . - Tigard, Oregon 1 . Call to Order: 2. Roll Call : 3. Approval of Minutes 4. Communications: 5 , Public Hearings : A. Staff Report B. A.pplicant ' s Presentation C. 1,ublic Testimony a. Proponent ' s b. Opponent 's '- ross-examination D. Staff Recommendation Commission Discussion and Action 5. 1 ZONE CHANGE ZC 11-68 (Bellwood Park Subdivision) NPO #7 A request by Raymond J. Bartel for density review of Phase III of the Beliwcod Residential Planned Development at S .W. 128th & North of WaluN.,,t, (Wash. Co . Tax Map 281 4AA, part of Tax Lot 100) , 5 . 2 SUBDII/IS1ON S 8-78 (Scholls Summer Lake) NPO #7 A reques by Amart Development Company for preliminary plat approval to create 383 lots on a 103.14 acre parcel in a R-7 Planned Develop- ment "Single Family Residential" zone on the south side of Scholls Ferry Road between 135th & S .W. 130th (Wash. Co. Tax Maps 181 33AD, Tax Lot 2300; Tax Map 181 33D, Tax Lots 100, 101) . 5 , 3 ZONE CHANGE ZC 16-78 (Wedgewood Retirement Center) NPO #6 A request by Mike Elton & Victor L. Lund for a zone map amendment from RS-1 Washington County to City of Tigard R-7 "Single Family Residential" zone for a 2. 83 acre parcel at southwest corner of Durham Road & S .W. 108th (Wash, Co . Tax Map 281 15A, Tax Lot 1500) . 5.4 CONDITIONAL USE CU 18-78 (Wedgewood Retirement Center) NPO #6 A request by Mike Elton & Victor L. Lund for a conditional use permit to consttuct an 80 unit retirement center in a R-7 "Single Family 4: Residential" zone on a 2.83 acre parcel at southwest corner of Durham Road & S.W. 108th (Wash. Co. Tax Map 281 15A, Tax Lot 1500) , ,‘..■••••••■■•14 44444440 4404 g' ..---,4 4 4 1 4 I 4 L-4 ,t,..„',0:,',0,A,1,AW0,„;:,.4,..i;.,,".!:-,,-:,'',,,,:,,;4.,':,'::,','i,y.,.1.",.,.:,,,;,„-,4,.!-.,.-',.,:,,,'T',.:..‘..,..',?',.',-,i.','?,.-::',:,'4',_,,.-;,;:',..-,,',4,_,.',„..-!-',',:.„„.'-,,',,;4-_:,':,,,..,,,,'-:i,,,,...:‘,....;';.-:,...4',_',.„i;,:',,:,',‘.::,.::,'‘.,1,,"'.',,,,,,-',‘;,,,,',,,,',:,,,,,,,;,,,:,,',I',:,.,,'',,-,,:-,;,,..'.„,-,,,,,,.:,.:.•.',':,',1'. --:,.,';41...;;-,,;,;: -,,,-.,,',':..,.,, . „A.,„::,,,;,.',,•:',,‘, ':,,•..,,.„,,.,;,0z-l:,'--..,-:,.',.,,.:.,,.:.,.,,4., ,g,'',o.7.,.::,..!,.iY,,',';:,,,-,,-:!,.,i,,L .',.'.'..-„ P'"6:16V,:,V' ' 7,' I : ;, 4k : * 4 iP,.'''',%,:=-,'4',:.,',,, 4 „,J1*k4d1.;;:,',.T4-',g',,..1.1Q'',:',`'"3',,5;■.i;..14';P''N3.:-C,i,1I'4,,7 4,,,,,, ,,,.,-,i'.. 04'.,";',V,t,:-:!,:Vik 'i,f..,,..',,,,,y,-..,: ::::,..1.',,,'i-,.,,f.„- :...:'', ; -„,:',:,.-',,..,. :;,.„..., , ,..,-,,',,..,,,,,,,,'.-. ,.: 'e.-.,,, ....:,-., . ,,,..: ,...,..:,,,‘ ,--,'.• ;.:,, ',..,J..-: ,..'.. .., ,,--:,-;,,,,-...=;,:f,„'''''':::,,,f.,,',""(:.i:,::,:'.'.-i';',...:,.A;','''`:.-.,':'::;-,';','..-t,,-,,,''''':,.-,',..);,:j,,:4!o•ii..4‘.4‘il.".;g:!.. , -,--4- - . _J- 'j T i'l A ItD PLANNING 8eTatertb,.:. zr 5, lbiS - '7:-'80 P.M, k-..:-..; . Fowler Junior High - Lecture RooM 10865 S.W. Walnut St. - Tigard, Oregon P:(-,--- -' Page 2 5 5 SUBDIVISION S 2-78 (Sierra) NPO_,_ _ #7 A request by J. Alan Paterson for preliminary plat approval -:- to subdivide a 8.3 acre parcel in seven lots in an B-7 ..... .,,,;44 "Sin-le Family Residential” zOne On the southside of Tigard . --. Street , north of Fanno Creek (Wash. Co. Tax Map 131 34 , Tax Lot 5600) . 6 CONDITIONAL USE CU 23-78 (Sierra) NPO #7 A re,Auest by J. Alan Paterson for a conditional use permit to c-ntruct duplexes on a 8. 35 acre parcel in a R-7 "Sin „.71 fa;tily Residenti ;„_.,4 al” zone on the southside of Tigard .,„,,-,:, Stret , North of Fanno Creek (Wash. Co. Tax :Map 151 34D, Tax — [ Lot 5i-J00) . „ 6. Othe, 1 . 7. Adjoi177-kw,,- -t : 0 0, 1 e 1 4 ,1 1 • ,) . 1 t i 1 . , • -:,''''V f . _ ..,k .,,-,t;p: ,1 ,VA, 1 • . , .., ' , O ',..i,e,c,,,...4.,..zL,',,,,,P,,I...,,,e1,,,,',e''o, :,-.,c9 I */*'...W.0311 ',V.;&v,1,11-nt',', ADDENDUM TO PLANNING COMMISSION AGENDA September 5, 1978 DELETION: Agenda #5 . 2 (S 7-78 Scholls Summer Lake Subdivision) Due to staff re-evaluation of the present status on the subdivision; public presentation before the Planning Commission is not necessary at this time. The above mentioned project is to be submitted to the City Council for hardboard approval with ordinance. ADDITION: ZC 5-72 (Summerfield) A request by Al Benkendorf for review of the Summerfield Commercial Center located on the north side of S .W. Durham Road and east side of S .W. Pacific Highway. Condition #2, December 9, 1972 Planning Commission minutes states the following: . "All land within the development shall be used for residential and recreational purposes, except that the area designated for commercial uses on the site plan may include service and/or professional office uses serving the development. If such uses are approved, the Planning Commission shall approve the � r.. location, access, siting and range of permitted uses . " MINUTES TIGARD PLANNING COMMISSION September 5, 1978 It Fowler Junior High School g1086 Lecture e 5 S .W. Walnut Street _ Tigard Oregon 1. Call to Order: The meeting was called to order at 7:40 P.M. 2. Roll Call: Present: Smith, Brian, Speaker, Corliss, Rossman. Quimby, Tepedino, Funk, Absent: Wood Staff: Selby, Mackenzie 3. Approval of Minutes: The minutes for Planning Commission meetings 7/25/78, g 1 and 8/15/78 approved as submitted. / /78 4. Communications: None 5. Public Hearings: 5. 1 ZONE CHANGE ZC 11-68 (Bellwood Park Subdivision) NPO #7 A request by Raymond J. Bartel for density review of Phase III of the Bellwood Residential Planned Development at S.W. 128th & North of Walnut (Wash. Co. Tax Map 2S1 4AA, part of Tax Lot 100) . A. Staff Report: Read by Selby B. Applicant 's Presentation: Stan Martinson, Attorney, representing the applicant that the current staff report repreSents the agreed otatid of the applicant with regard to staff conditions and recommendations. The developer will develop those common wall units in such a manner as to promote individual owner ship and condominium living. Ray Bartel, Architect fog project, Tamil stated that all multi- r' y units were now condominium. The duplexes had been deleted. Actual vegetation on site will be respected and the greenway preserved. C. Public Testimony: Residents of Bellwood stated concern with traffic on 128th & Walnut, inadequate recreation facilities adjacent to multifamily units and the impact on schools. ry; MINUTES TIGARD PLANNING COMMISSION September 5, 1978 Page 2 Bonnie Owens, NPO #7 Chairman, stated that NPO #7 was opposed to the increased density. }' Selby stated that Walnut is designed to handle 3,500 t'! Y 9 cars per day. Sidewalks are a school district concern in that the school district sets the standards and when a street is judged unsafe for pedestrian travel, the schools bus the children. ?`{ Bartel stated access width would be 30 feet for common wall units. The adjacent development to the north is required to have the same access width so the proposed access roads will line up. Stated that there was a possibility of through automobile access but it had not been discussed as to whether or not that information would be recorded on the final plat. D. Staff Recommendation: 1. That the developer receive approval from the City Engineering Department prior to construction, and especially in regard to the effect that the construction may affect existing grade. 2. An agreement and bond shall be executed and submitted to the City for approval prior to recording of the final plat. 3. Construction and building plans shall be submitted to the City' s building department for approval prior to any construction occurring. 4. A site drainage plan must be submitted and approved by the building department prior to issuance of a building permit. 5. That the common wall units be designed and landscaped as follows: a. Provide individual housing entry court ways. b. Provide individual front or back yard space. c. Provide individual garage or vehicle cover; and adequate visitors parking space with proper traffic circulation. d. Landscaping shall be designed and implanted in a manner to provide sound buffering between housing units yet not restrictive to police surveillance. e. Exterior physical building materials shall reflect the cohesive natural environmental atmosphere (roofing, siding, paint materials) . MINUTES TIGARD PLANNING COMMISSION ter, September 5, 1978 4 :Page 3 6 . That the common wall units be condominium in design. And that, the developer agrees to promote individual ownership. 7. Construction and building plans shall be submitted to the police and fire department jurisdictions for approval prior to any construction. 8. That the developer and/or homeowners association (of those units which are frontaged to the Greenway) be responsible for the maintenance and vitality of the Greenway. 9 . That the developer clean out tho dead or dying vegetation and remove the litter and unnatural matter from the Greenway which is within the project's boundaries prior to the Building Departments approval for construction. 10 . That the Greenway be dedicated as an easement to the City and be maintained by the owner or Homeowners Association. 11. That the developer executes an agreement of dedication to the City with the appropriate fire and police depart- . ment to construct upon their approval an easement for emergency access between developers project and "Morning Hill" , Wedgewood Homes subdivision property, with full improvements as directed. 12 . That the developer will phase his construction as approved by all the utility companies prior to construction. E. Commission Discussion: Joe Bailey, City Attorney, questions the legality of staff condition #6 . In that the City does not have the tool within the ordinances to request or enforce such a recommendation. Recommend removing the second sentence of staff condition #6 . Smith asked what is the overall density allowed for that zone. Selby stated 12 units per acre. Smith wanted to see a cost/benefit description with regard to the developer adding 16 additional units and creating the greenway area. He did not think that it was a fair trade off. Speaker stated that the greenway trade off may not be acceptable to the residents for the increased density. is Thought the staff had worked with developer to solve drainageway problems. MINUTES TIGARD PLANNING COMMISSION September 5, 1978 a Page 4 Tepedino asked about the agreement and bond referred in staff condition #2. Staff recommended that condition #2 is routine as requested by the City Engineer. Speaker moves to adopt the staff recommendation with the conditions as stated with the deletion in #6 of the second sentence (that the common wall units be condominium in design and individually platted. Brian seconded the motion. Motion fails 4-3. Rossman abstains. Joe Bailey, City Attorney, stated that a whole range of densities is available to the Planning Commission for the density of Phase III, but some density should be decided on and approved so the applicants could act accordingly. Smith recommended eight (8) additional units above the 210 either single family or multifamily, with the conditions as recommended by staff with the recording of #6 as previously agreed on. Brian agreed with Smith. Funk recommends the 228 units be accepted as submitted at that time. Speaker agreed with Funk. Thought that the Commission was responsible for providing good city planning and seeing that a range of housing was available in the city. Quimby agreed with Smith and Brian. Corliss thought that the commission should either go with the original 210 units or 228 as presented; liked the greenway but preferred the lower density. Tepedino thought it was best to go with the staff recommendation as presented. Smith moves that the applicant return with a compromise density. Brian seconded the motion. Smith withdrew his motion. Brian withdrew his seconded. NEMO. ii. MINUTES ; TIGARD PLANNING COMMISSION September 5, 1978 Page 5 Selby stated that the applicant meet code requirements and that any additional units would have an impact on traffic but it was not the responsibility of one N?! particular development. Corliss moved to approve the request as submitted with the conditions as stated by staff with the exception that staff condition #6 be reworded as agreed and that staff condition #5 be submitted to site design review. Speaker seconded the motion. Quimby recommends that staff condition #5 be submitted to the site design review board (motion modified) . r! First vote four in favor, 2 abstain, 2 against. Second vote five in favor, Rossman abtains, Brian and Smith opposed. Motion passes unanimously. 5. 3 ZONE CHANGE ZC 16-78 (Wedgewood Retirement Center) NPO #6 A request by Mike Elton and Victor L. Lund for a zone map i? amendment from RS-1 Washington County to City of Tigard R-7 "Single Family Residential" zone for a. 2 . 83. acre parcel at southwest corner of Durham Road & S .W. 108th (Wash. Co. Tax Map 2S1 15A, Tax Lot 1500) . A. Staff Report: Read by Selby B. Applicant's Presentation: Ken Cole, Architect for project, presented proposal. The first phase would be 80 units, two stories with basement. The second phase would be an intermediate care facility of 90 beds or 45 units. The buildings would lie on either side of the stream. The stream area would be made into ponds with landscaping and pathways. He stated that few of the of the occupants would drive and that the majority were not active members of the community. C. Public Testimony: Ms . Arlanskas objected to the increased traffic, density, and the two story building and asked about greenway. . Felt that Tigard has supplied enough facilities for the aged through Summerfield and King City. Submitted letters of objection that sited the disrupption of the creek, and increased traffic as reasons for denial. 011111111INN■MI MINUTES TIGARD PLANNING COMMISSION September 5, 1978 I° Page 6 Other persons spoke addressing the same problems as sited f' above. Resident 's complaints were addressed to the conditional use permit not the zone change. Tepedino stated that testimony for both requests would be accepted in the interest of saving time. Residents expressed concern with the safety of the intersection of 108th and Durham Road, especially as a bus stop for their children. Ms. Arlanskas stated parking was inadequate for the develop- ment and that the sewer was inadequate. D. Staff Recommendation: Staff recommends approval subject to the following conditions: 1. That 25 feet of right-of-way along S .W. Durham Road be dedicated to the City and the applicant file an agreement to participate in the improvement of S.W. Durham Road. 2 . That five feet of right of way along S.W. 108th be dedicated to the City and a half street improvement be provided along S .W. 108th to the City of Tigard Standards before a building permit is issued for the lot. • 3. That the developer receive approval from the City Engineer prior to construction, and especially in regard to building on natural drainageway and grade. 4 . All utilities be subsurface installations. E. Commission Discussion: Brian moves for approval with the staff findings and conditions. Speaker seconded the motion. Motion carries. Rossman against. 5.4 CONDITIONAL USE CU 18-78 (Wedgewood Retirement Center) NPO #6 A request by Mike Elton & Victor L. Lund for a conditional use permit to construct an 80 unit retirement center in a R-7 "Single Family Residential" zone on a 2 . 83 acre parcel at southwest corner of Durham Road & S .W. 108th (Wash. Co. Tax Map 2S1 15A, Tax Lot 1500) .. MINUTES TIGARD PLANNING COMMISSION September 5 , 1978 Page 7 A. Staff Report: Read by Selby B. Applicant' s Presentation: Michael Elton, owner, compared proposed development with Wedgewood Downs in Beaverton. Said location adjacent an intersection was a satisfactory one for this type of development. Residents enjoy being near activity and schools . Proximity of Summerfield also made location desirable. Lewis Svart thought objections were based on a misconception of the types of housing the applicant would be providing. Stated residents were very dedentary people, few would drive. C. Public Testimony: Letter from Helen Blood of Stanford University Medical Center (dated 7/20/78) is read into the record supporting the applicant' s proposal. Patricia Ogle stated that residents along the creek have water rights to the creek and the flow cannot be stopped. She also asked where the sewer would be coming from? Walt Lissy saw inadequate shopping and recreational activities for the residents of the proposed development. Nancy Stimler stated parking space was inadequate for the proposal. D. Staff Recommendation: Staff recommends approval subject to the following conditions: 1. That access be restricted to S .W. Durham Road and allowed only on S .W. 108th. 2. That an effort be made to preserve the existing trees on the site. 3. That the plans be approved by the Tualatin Rural Fire Protection District. 4. That the developer receive approval from the City Engineer prior to construction, and especially in regard to building on a natural drainageway and grade. Ar 1114 5 . An agreement and bond shall be executed and submitted to prior to recordin... of final plat. the City for approval p g P MINUTES TIGARD PLANNING COMMISSION September 5, 1978 Aria'. Page 8 6 . Prior to issuance of a building permit, a site drainage plan must be submitted and approved by the Building Department. 7. Construction and building plans shall. be submitted to the City Building Department for approval prior to any construction occurring. 8. The apartments in the project shall be developed in accordance with A-2 zoning standards unless otherwise approved on a specific site plan by the Planning Commission. 9. Open space shall be maintained by the owner or through a Homeowners Association with covenants submitted for approval of the filing of the final plat. 10. All utilities shall be subsurface installations. 11. The developer shall phase his construction with approval by all utility companies prior to construction. 12. Housing shall be limited to an average density of no more than 1. 92 persons per dwelling unit. 13. That no surface fill on or along the drainageway be permitted. E. Commission Discussion: Selby stated that parking, density and setbacks were items that could be covered in site design review. Mike Elton stated that a retirement center was the best use of the site. Stated that they would be willing to eliminate the second phase of the project and the additional forty units. Tepedino stated that the applicant must carry the burden of proof in a conditional use permit. Thought that the questions raised this evening were not adequately answered by the applicant, especially relating to density and building t: near a natural drainageway. The problems of traffic and access to the site were also inadequately addressed. Quimby stated that Tigard was being overloaded with housing for the aged. Thought that traffic would be too much of a problem. Brian agreed with Tepedino and Quimby that the project should be lower density. Quimby moves for denial of request. • itl MINUTES TIGARD PLANNING COMMISSION September 5, 1978 ft Page 9 Corliss seconded the motion. Motion passed unanimously. Additions ZC 5-72 (Summerfield) Tepedino questioned the :legality, of hearing the request without sufficient publice notice. Selby stated that public notice was not necessary as this was only a condition of a already approved phase of the planned development. Quimby would not hear the item, sat in audience. Quimby left at 12 :10 A.M. Tepedino moved to table the item and directed staff to get a legal opinion as to whether or not a public hearing was necesary. If it is not necessary, the item would be scheduled at the soonest possible date. Smith seconded the motion. Motion carries. Corliss against. 5. 5 Conditional Use CU 23-78 (Sierra) NPO #7 A request by J. Alan Paterson for a conditional 'use permit to construct duplexes on a 8 . 35 acre parcel in a R-7 "Single Family Residential" zone on the southside of Tigard Street, noth of Fanno Creek (Wash. Co. Tax Map 1S1 34D, Tax Lot 5600) . A. Staff Report: Read by Selby B. Applicant ' s Presentation: Alan Paterson presents proposal. Stated that the 100 year flood plain line elevation was at 156 feet above sea level and that nothin would be built below that level. Described public improvements that the subdivision would supply. C. Public Testimony: Nancy Stimler thought that the site was inappropriate for multifamily dwellings. Stated that there was little room At IL for recreation as the water table was high even where the backyard area was not flooded. D. Staff Recommendation: MINUTES TIGARD PLANNING COMMISSION September 5, 1978 Page 10 Staff recommends approval subject to the following conditions: 1. That the developer receive approval from the City Engineer prior to construction, and especially in regard to building on a•natural .drainageway'and existing grade. 2. An agreement and bond shall be executed and submitted to the City for approval prior to recording of the final plat. 3. That the developer shall dedicate to the City that Greenway along Fanno Creek after developer has removed and cleaned out the dead or dying vegetation and unnatural matter from all areas to be left undeveloped. Also, developer shall illustrate portions of dedicated Greenway and land on preliminary plat. 4 . That any remaining natural area within the projects boundaries become the responsibility of the applicant for the maintenance and vitality of the Greenway. 5. That the developer dedicate 10 feet of right-of-way to Tigard Street and improve half of the street which lies within the applicant' s grass boundary area. That improved right-of-way be paved up to 22 feet and curb and sidewalk be constructed as required. 6 . Construction and building plans shall be submitted to the City' s building department for approval prior to any construction occurring. 7. Minimum floor elevation (not less than three feet) to be approved by building department as directed by flood plain ordinance. 8.. That no grading will be executed that will fill onto any portion of flood plain. 9 . Prior to issuance of a building permit, a site drainage plan must be submitted and approved by the building department. 10. That lot #7 on preliminary plat be deleted. E. Commission Discussion: Speaker wanted to know if lot's would be platted in a flood plain area? Corp.Tepedino stated that the Army C of Engineer' s data. regarding the flood plain was in question in recent years. MINUTES TIGARD PLANNING COMMISSION September 5, 1978 Page 11 a Joe Bailey thought that the City had no legal ground to G' restrict plattting on the flood plain. t Tepedino stated that it was not acceptable to invade the f flood plains. Smith suggested that if the lots were expanded the 4 orientation of the structures could be parallel to the flood plain and thus be at a greater distance from it. Smith moves to table the request in order to give the applicant an opportunity to present a revised plat. Brian seconded the motion. Motion passes unanimously. ,. 6. Other Business: None 7. Adjournment: `` Meeting was adjourned at 1: 45 A.M. Irrr. £i jj • PUBLIC NOTICE TIGARD PLANNING COMMISSION `". September 5 , 1978 -- 7: 30 P.M. Fowler. Junior High - Lecture Room 10865 S .W. Walnut St . - Tigard , Oregon 5 . PUBLIC HEARINGS • 5. 1 ZONE CHANGE ZC 11-68 (Bellwood Park Subdivision) NPO #7 A request by Raymond J. Bartel for density review of Phase III of the Bellwood Residential Planned Development at S.W. 128th & North of Walnut (Wash. Co. Tax Map 2S1 4AA, part of Tax Lot 100) . • 5. 2 SUBDIVISION S ,8-78 (Scholls Summer Lake) NPO #7 A request by Amart Development Company for preliminary plat approval to create 383 lots on a 103 . 14 acre parcel in a R-7 Planned Development "Single Family Residential" zone on the south side of Scholls Ferry Road between 135th & S .W. • 130th (Wash. Co. Tax Maps 1S1 33AD, Tax Lot 2300; Tax Map 181 • 33D, Tax Lots 100 , 101) . 5. 3 ZONE CHANGE ZC 16-78 (Wedgewood Retirement Center) NPO #6 A request by Mike Elton & Victor L. Lund for a zone map amendment from RS-1 Washington County to City of Tigard R-7 "Single Family Residential" zone for a 2 . 83 acre parcel at southwest corner of Durham Road & S .W. 108th (Wash. Co . Tax Map 281 15A, Tax Lot 1500) . 5. 4 CONDITIONAL USE CU 18-78 (Wedgewood Retirement Center) NPO #6 A request by Mike Elton & Victor L. Lund for a conditional use permit to construct an 80 unit retirement center in a R-7 "Single Family Residential" zone on a 2 .83 acre parcel at the southwest corner of Durham Road & S .W. 108th. (Wash . Co. Tax Map 2S1 15A, Tax Lot 1500) . 5. 5 SUBDIVISION S 2-78 (Sierra) - S NPO #7 A request by J. Alan Paterson for preliminary plat approval to subdivide a 8. 35 acre parcel in seven lots in an R-7 "Single Family Residential" zone on the southside of Tigard Street , north of Fanno Creek (Wash. Co. Tax Map 1S1 34D, Tax Lot 5600) . 5.6 CONDITIONAL USE CU 23-78 ( Sierra) NPO #7 A request by J. Alan Paterson for a conditional use permit to construct duplexes on a 8. 35 acre parcel in an R-7 "Single Family Residential" zone on the southside of Tigard Street , north of Fanno Creek (Wash. Co. Tax Map 1S1 34D, Tax Lot 5600) . All persons having an interest in the hearing matter are invited to 9 appear and submit oral and written testimony or submit written testimony in advance of the meeting. Publish TT S-23-78 and $--30-7 i 0 ! I r STAFF REPORT AGENDA 5 . 1 TIGARD PLANNING COMMISSION September. 5, 1978 - 7: 30 P .M. Fowler Junior High - Lecture Room 10865 S.W. Main St . - Tigard, Oregon Docket : Zone Change ZC 11-68 Request : For a density review of Phase III of the Bellwood Residential Planned Development . Location: Southwest 128th & North of Walnut (Wash . Co . Tax Map 2S1 4AA, Part of Tax Lot 100) . Applicant : Raymond J. Bartel 4; I . Findings of Fact : 1 . Bellwood Park Planned Development subdivision was approved in September. 1968 . The first two phases have already been constructed. Proposal was continued at tonights hearing so that staff may have adequate time to address the concerns involved with this project . Documentation that exists on approved density is as follows : a. In the minutes of the meeting, a representative for the , applicants, states that there was a total of 210 units . 1 The approved preliminary plan specified 155 single family lots and two apartment areas with no density specified. f b. Existing density: Phase I and Phase II consist of 107 single family units , 6 duplexes (12 units) and 33 apartment units for a total of 152 units . c . Projected density : Phase III proposes 78 additional units . If this number is approved, the total number of units for the Planned ii Development would be 230 units. 2 . The proposed development will be located on grades ranging from 20% - 14% at the steepest and 8% - 2% at the most level. 3 . It is possible that the proposed development could impact i a natural drainageway. Policy 3: "The City shall restrict alteration of natural drainageways unless it can be demonstrated that the benefits are greater than the detrimental effects . . . " Policy 7: " . . . .The Greenway shall be established as the backbone of the open space setwork and when a direct j I STAFF REPORT AGENDA 5 . 1 r TIGARD PLANNING COMMISSION September 5, 1978 - 7 : 30 P .M. Page 2 public benefit can be derived, i.e . when adjacent residential development , the Greenway should be developed for passive recreation and pedestrian/bike travel . " The drainageway contains several large specimen fir trees as well as other natural vegetation. Since the surrounding land was used for farm cultivation, these trees represent the only significant vegetation in the area. The extensive grading that would be necessary for Phase III could be detrimental to their survival . II . Conclusionary Findings : 1 . The applicant has revised the site plan to preserve specimen trees and allow for more open space. 2. A bike path is proposed along the Greenway . 3. According to the Tigard School District , the local schools in this project ' s area are at capacity. However, student space will be provided for future residence by means of bussing and/or other methods . k. 4. Traffic conditions along Walnut and 135th are a continuous concern of the staff and residents . Therefore, in view of the immense development and increased traffic volume on these roads, the staff proposes that the City work with the county in finding mitigatory methods to design adequate traffic patterns . Further more, that the proposed density by the applicant has no direct significant impact on the outlining roads to warrant denial of this project . A Systems Development Charge will be implemented through the Building Department to assist in funding arterial road improvements. The proposed extension of 128th from the Bellwood development through the Summer Lake develop- ment will sufficiently distribute the average daily traffic. 5 . During a staff meeting on August 22, 1978, a review of the proposed project covered possible alternatives or solutions to staff concerns. Also, several citizen groups and home- owners have expressed their concerns . Staff feels that all issues have been recognized and appropriately addressed with reasonable alternatives, acknowledgment or solution if agreed upon by applicant. III . Staff Recommendations : Staff recommends approval subject to the following conditions: 1 . That the developer receive approval from the City STAFF REPORT AGENDA 5 . 1 j TIGARD PLANNING COMMISSION September 5, 1978 Page 3 Engineering Department prior to construction, and especially in regard to the effect that the construction may affect existing grade. 2 . An agreement and bond shall be executed and submitted to the City for approval prior to recording of the final plat . 3. Construction and building plans shall be submitted to the City ' s building department for approval prior to any construction occurring. 4 . A site drainage plan must be submitted and approved by the building department prior to issuance of a building permit . • 5. That the common wall units be designed and landscaped as follows: a. Provide individual housing entry court ways . b . Provide individual front or back yard space . c . Provide individual garage or vehicle cover; and adequate visitors parking space with proper traffic circulation . d. Landscaping shall be designed and implanted in a manner to provide sound buffering between housing units yet not restrictive to police surveillance . e . Exterior physical building materials shall reflect the cohesive natural environmental atmosphere (roofing, siding, paint materials) . 6 . That the common wall units be condominium in design. And that , the developer agrees to promote individual ownership . 7. Construction and building plans shall be submitted to the police and fire department jurisdictions for approval prior to any construction . 8 . That the developer and/or homeowners association (of those units which are frontaged to the Greenway) be responsible for the maintenance and vitality of the Greenway. IL 9 , That the developer clean out the dead or dying vegetation and remove the litter and unnatural matter from the Greenway which is within the project 's boundaries prior to the Building Departments approval for construction. r STAFF REPORT AGENDA 5 .1 �F TIGARD PLANNING COMMISSION September 5, 1978 Page 3 10 . That the Greenway be dedicated as an easement to the City and be maintained by the owner or Homeowners Association . 11 . That the developer executes an agreement of dedication to the City with the appropriate fire and police depart- ment to construct upon their approval an easement for emergency access between developers project and "Morning Hill" , Wedgewood Homes Subdivision property, with full 1 improvements as directed. 12. That the developer will phase his construction as approved 1 by all the utility companies prior to construction . { t': Is` { I f; STAFF REPORT AGENDA 5 . 3 4 TIGARD PLANNING COMMISSION f' September 5, 1978 Fowler Junior High - Lecture Room r; 10865 S .W. Walnut St . - Tigard, Oregon Docket : Zone Change ZC 16-78 (Wedgewood Retirement Center) € Request : A request for a zone map amendment from RS-1 Washington County to City of Tigard R-7 "Single Family Residential" . Location : Southwest corner of Durham Road and S .W. 108th (Wash. Co. Tax Map 2S1 15A, Tax Lot 1500) . Applicant : Michael D. Elton and Victor L. Lund I . Findings of Fact : 1. The site is a recently annexed 2.8 acre parcel currently zoned RS-1 "Washington County Suburban Residential" . 2 . The proposed zoning is in conformance with the NPO #6 Plan designation of Urban Low Density. 3 . There exists a public need to assign city zoning to annexed parcels." 4. The site has a gently slopeaway from the road to the south as well as a small creek through the center of the property. The banks for the creek are relatively steep 15%-25% grade and there are a number of large trees on the gully . 5. The surrounding land uses are Summerfield Development to the north, non-conforming mobile homes to the west , property to the east and south is farm and single family. AcrosL Durham Road to the southeast are condominiums, to the northwest are rental apartments, to the north lies the Summerfield golf course and clubhouse. 6 . The site is served by an 8 inch pressure line and the Summerfield pump station both of which are adequate for the proposed development . I. ii 7. Water is supplied by an 8 inch Tigard Water District line along S .W. 108th and a 12 inch line on S .W. Durham Road to the east of S .W. 108th. 8. Southwest Durham Road is designated a residential arterial road in the NPO #6 plan, with a necessary right-of-way 90 feet . The purpose of an arterial street in NPO #6 Plan is as follows : lit "To carry high volume traffic flow and to connect major t. traffic generating areas such as residential neighborhoods , commercial centers, industrial areas and nearby ,' communities" . ;' 0 ' STAFF REPORT AGENDA 5 . 3 { TIGARD PLANNING COMMISSION September 5, 1978 Page 2 Southwest 108th Street is designated a local street in the NPO #6 Plan . II . Conclusionary Findings: 1 . The right-of-way along S .W. Durham Road and S.W. 108th Street is inadequate. Twenty-five additional feet are needed along S .W. 108th to bring the right-of-way width up to standards. 2 . Southwest Durham Road and 108th are in substandard condition with no sidewalks or curbs. III . Staff Recommendation : Staff recommends approval subject to the following conditions : 1 . That 25 feet of right-of-way along S .W. Durham Road be dedicated to the City and the applicant file an agreement to participate in the improvement of S .W. Durham Road. 2. That five feet of right-of-way along S .W. 108th be dedicated to the City and a half street improvement be provided along S .W. 108th to the City of Tigard Standards before a building permit is issued for the lot . 3. That the developer receive approval from the City Engineer prior to construction, and especially in regard to building on a natural drainagewLy and grade. 4. All utilities shall be subsurface installations . STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION September 5, 1978 Fowler Junior High - Lecture Room 10865 S .W. Walnut St . - Tigard, Oregon Docket: Conditional Use CU 18-78 (Wedgewood Retirement Center) Request : For a conditional use permit to construct a 125 unit retirement center in a R-7 "Single Family Residential" zone. Location : Southwest corner of Durham Road and S .W. 108th (Wash . Co. Tax Map 2S1 15A, Tax Lot 1500) . Applicant : Michael D. Elton & Victor L. Lund I , Findings of Fact: 1 . The site is zoned R-7 "Single Family Residential" and designated Urban Low Density on the NPO #6 Plan . 2 . There will be no individual cooking facilities in the 80 unit proposed housing structure. Dining will be centralized. i 3. A retirement center is an allowable conditional use in an R-7 zone under Section 18 .20 .020(10) of the Tigard Municipal Code. 4 . Utilities are adequate and available to the site for the proposed use . 5. Southwest Durham Road is designated as a residential arterial Street in the NPO #6 Plan and S .W. 108th is designated as a local street . According to NPO #6 the purpose of an arterial street is : "To carry high volume traffic flow and to connect major traffic generating areas. . . , " Both S ,W. Durham and S .W. 108th are in substandard condition. 6 . Surrounding land uses are Summerfield Development to the south with the Summerfield apartments directly across Durham Road. To the south and east the land is Single Family Residential and farm. To the west are currently non-conforming mobile homes . 7. The site has a gentle slopeaway from the road and considerably steeper slopes on either side of the creek. The creek gully has numerous large deciduous and evergreen trees in it . The more level portions of the site are either open or covered with brush and/or blackberry brambles. . STAFF REPORT ' AGENDA 5 .4 TIGARD PLANNING COMMISSION September 5, 1978 Page 2 8 . The creek that runs through the site is part of a natural drainageway . II . Conclusionary Findings : i!. 1 . The proposed project will be continuing the types of land use to the south (Summerfield Development) . 2. The applicant has designed a site plan to co-exist with the physical conformity of the property with regards to the natural drainage. 3. The proposed use will generate additional traffic , on S .W . Durham Road and S.W. 108th. III . Staff Recommendations: Staff recommends approval subject to the following conditions: 1 . That access be restricted to S .W. Durham Road and allowed only on S .W. 108th . 2. That an effort be made to preserve the existing trees on the site . 3. That the plans be approved by the Tualatin Rural Fire C, ks Protection District . 4 . That the developer receive approval from the City Engineer prior to construction, and especially in regard to building on a natural drainageway and grade. 5. An agreement and bond shall be executed and submitted to the City for approval prior to recording of final plat . 6 . Prior to issuance of a building permit, a site drainage plan must be submitted and approved by the building department. 7. Construction and building plans shall be submitted to the City Building Department for approval prior to any construction occurring. 8. The apartments in the project shall be developed in accordance with A-2 zoning standards unless otherwise approved on a specific site plan by the Planning Commission. 9 . Open space shall be maintained by the owner or through a Homeowners Association with covenants submitted for approval of the filing of the final plat . 10. All utilities shall be subsurface installations . STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION September 5, 1978 Page 3 11 . The developer shall phase his construction with approval by all utility companies prior to construction. 12. Housing shall be limited to an average density of no more than 1 .92 persons per dwelling unit . IL STAFF REPORT Cp AGENDA 5.5 :. TIGARD PLANNING COMMISSION September 5, 1978 Fowler Junior High - Lecture Room 10865 SW Walnut St. , - Tigard, Oregon Docket: Conditional Use CU 23-78 (Sierra) Request: For a conditional use permit to construct duplexes on a 8.35 acre parcel in an R-7 "Single Family Residential" zone. Location: South side of Tigard Street, north of Fanno Creek (Wash. Co. Tax Map 1S1 34•D, Tax Lot 5600). Applicant: J. Alan Paterson I. Findings of Fact: 1. That portion of the proposed subdivision will encroach on the flood plain and a portion of the proposed dwelling on Lot 7 of the subdivision will be on the flood plain. 2. That according to the City of Tigard, records the flood plain ranges from 156 feet above sea level in the southwest corner of the sub- division to 158 feet above sea level in the southeast corner of the corner of the subdivision. The City of Tigard records mark the flood plain at two feet above the applicant's mark for the southeastern portion of the subdivision. 3. Section 18.57.010 states the following: The floodplain district within the City of Tigard is superimposed as an overlay with respect to lands classified for various uses and purposes and is intended to give recognition to the need to protect the public health, safety and welfare of the community through regulation and control of lands within the floodplain district to thereby mitigate potential financial burdens arising from flood damage loss and to preserve natural drainage ways from encroaching uses which threaten to adversely affect the property rights of citizens of the community, personal safety and the public health by unnatural conditions arising from upstream or downstream flood levels. The floodplain district has for its purpose the preservation of natural water storage areas within the floodplain district by discouraging or prohibiting incompatible uses except in those instances where a finding may properly be made by the planning commission pursuant to Section 18.50.060. 4. The proposed subdivision would involve obstruction of the floodplain as defined by Tigard Municipal Code 18.57.020, Item (7). Policy 3: The City shall restrict alteration of natural drainageways j unless it can be demonstrated that the benefits are greater than the detrimental effects. . ." STAFF REPORT (Continued) AGENDA 5.5 September 5, 1978 Policy 7: "Retain the 100 year floodplain of Fanno Creek, it's tributaries and the Tualatin River as an open preserve (Greenway) . The Greenway shall be established as the backhoe of the open space network and when a direct public benefit can be derived, i.e. , when adjacent residential development, the Greenway should be developed for passive recreation and pedestrian/bike travel. The drainageway contains several large specimen fir trees as well as other natural vegetation. Since the surrounding land was used for farm cultivation, these trees represent the only significant vegetation in the area. The extensive grading that would be necessary for Phase III could be detrimental to their survival. 4. That the proposed number of units are in keeping with the allowed number per acreage. 5. That a duplex as defined in Section 18.20.020 of the TMC is an allowable conditional use in an R-7 zone. 6. The site is currently zoned R-7 and designated Urban Low Density on the NPO #7 plan. II. Conclusionary Findings: 1. The applicant has designed a site plan to accomodate the uniqueness of the physical conformity of the property with regard to the flood plain. 2. The area along Fanno Creek (50 feet on both sides) requires dedication for "Greenway". 3. The proposed duplexes are an appropriate use for this site due to the surrounding land uses of Tigard High School and adjacent duplexes. III, Staff Recommendations: Staff recommends approval subject to the following conditions: 1. That the developer receive approval from the City Engineer prior to construction, and especially in regard to building a natural drainageway and existing grade. 2. An agreement and bond shall be executed and submitted to the City for approval prior to recording of the final plat. 3. That the developer shall dedicate to the City that Greenway along Fanno Creek after developer has removed and cleaned out the dead or dying vegetation and unnatural matter from all areas to be left undeveloped. Also, developer shall illustrate portions of dedicated Greenway and land on preliminary plat. -2- STAFF REPORT (Continded) AGENDA 5.5 September 5, 1978 4. That any remaining natural area within the projects boundaries become the responsibility of the applicant for the maintenance and vitality of the Greenway. 5. That the developer dedicate 10 feet of right-of-way to Tigard Street and improve half of the street which lies within the applicant's grass boundary area. That improved right-of-way be paved up to 22 feet and curb and sidewalk by constructed as required. 6. Construction and building plans shall be submitted to the City's building department for approval prior to any construction occuring. 7. Minimum floor elevation (not less than three feet) to be approved by building department as directed by flood plain ordinance. 8. That the duplex units be designed and built to accommodate a cohesive physical appearance to the natural surroundings. To include roofing, siding, painting and building location. 9. That no grading will be executed that will fill onto any portion of flood plain. 10. Prior to issuance of a building permit, a site drainage plan must be submitted and approved by the building department. -3- STAFF REPORT TIGARD PLANNING COMMISSION September 5, 1978 - 7: 30 P.M. 44. Fowler Junior High - Lecture Room 10865 S .W. Walnut St . - Tigard, Oregon Docket : ZC 5-72 (Summerfield) Request : A request for review and approval of the Summerfield Commercial Center as required by Condition #2 for approval of zone change ZC 5-72 (12/19/72 Planning Commission Meeting minutes) . Location : North side of S .W. Durham Road and east side of S .W. Pacific Highway . Applicant : All Benkendorf I . Findings of Fact : 1 . That the Planning Commission must first approve the uses on the Commercial site. 2. That condition #2 requires the Planning Commission to approve location, access, siting and range of permitted uses. II . Conclusionary Findings : 1 . The applicants ' plan illustrates access , location , siting and range of uses . 2 . The plan intergrates vehicle, pedestrian and bike circulation to connect with Summerfield residential development . 3 . The proposed permitted uses are derived from a study calculation nearby commercial type facilities, to avoid duplications of need. III . Staff Recommendations : Staff recommends approval . 444,. I ft