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PLEASE NOTE: The original paper record has been archived and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.
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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) ,
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'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) .
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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 .
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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,.
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