Planning Commission Packet - 09/19/1978 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PLEASE NOTE: The original paper record has been archived and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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AGENDA ; �I
TIGARD PLANNING COMMISSION
September 19, 1978 - 7 : 30 P.M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut St . - Tigard, Oregon
1 . CALL TO ORDER:
2 . ROLL CALL:
3. APPROVAL OF MINUTES :
4 . COMMUNICATIONS :
5. HEARING ITEMS :
A. Staff Report
B. Applicant 's Presentation
C. Public Testimony
a. Proponent ' s
b . Opponent ' s
c. Cross-examination
D. Staff Recommendation
E. Commission Discussion and action
5 . 1 TEMPORARY USE TU 7-78 (John Tigard Home) NPO #6
A request by Tigard Area Historical & Preservation Association
to temporarily locate the John Tigard House on church property
(, at the corner of S .W. Canterbury Lane & 103rd Avenue (Wash. Co .
Tax Map 281 11BC, Tax Lot 2800) .
5 .2 ZONE CHANGE ZC 18-78 (John Knueppel) NPO #3
A request by John Knueppel q y peel for a zone map amendment from County
RU-4 to City R-10 "Single Family Residential" for a . 56 acre
parcel at 114th South of Gaarde (Wash. Co . Tax Map 281 10A, Tax
Lot 3001) .
5 . 3 ZONE CHANGE ZC 5-77 (Wedgewood) NPO #7
A request by Wedgewood Homes for a general plan and program
review for a Planned Unit Development of 348 units and a zone
map amendment from Washington County RS-1 to City R-7 Planned
Development on a 68 . 31 acre site at the corner of S .W. 135th &
Walnut Streets (Wash. Co . Tax Maps 181 33D, Tax Lot 700; 281
4A, Tax Lot 500) .
5 .4 MISCELLANEOUS (ZC 10-77 Yolo Estates) NPO #3
A request by the City of Tigard for review of the Yolo Estates
Planned Development, between S .W. Pathfinder Way & S .W. Walnut
Street approved in 1977 for a 15 unit Single Family Residential
Planned Development (Wash. Co. Tax Map 281 2BC, Tax Lot 1900)
to determine its present status.
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b . OTHER BUSINESS :
7. ADJOURNMENT:
MINUTES
TIGARD PLANNING COMMISSION
September 19 , 1978 - 7: 30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
1. Call to Order:
The meeting was called to order at 7 : 35 P .M.
2. Roll Call:
Present: Brian Smith, Speaker, Funk, Wood, Tepedino, Corliss
& Rossman
Absent: Quimby
Staff: Selby & Mackenzie
3. Approval of Minutes:
None
4 . Communications:
None
5 . Public Hearings:
5 . 1 Temporary Use TU 7-78 (John Tigard Home) NPO #6
A request by Tigard Area Historical & Preservation Association
temporarily locate the John Tigard House on church property r;
at the corner of S .W. Canterbury Lane & 103rd Avenue (Wash. Co.
Tax Map 2S1 11BC, Tax Lot 2800) .
A. Staff Report:
Read by Selby
B. Applicant ' s Presentation:
LaVerne Sharpe, represented Tigard Area Historical
p
Preservation Association. Read a letter from the
Association into the minutes .
C. Public Testimony:
Proponent' s:
o Wilson & James Bishop spoke in favor of the request.
Opponent' s :
None
D. Staff Recommendation:
A. Staff recommends approval with the following conditions:
mot 4
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MINUTES k
TIGARD PLANNING COMMISSION
September 19, 1978 - 7: 30 P.M. 1
. Page .2
1 . That the house be left vacant of human use or
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occupancy.
2 . That the dates of permitted termporary use be for the 1'
period of September 20, 1978 - February 23, 1979 .
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E. Commission Discussion and Action:
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o Wood moved to. approve.
F'
o Smith seconded the motion with staff recommendations. `'
Motion was passed unanimously. ,
5 .2 Zone Change ZC 18-78 (John Knueppel) NPO #3 P
A request by John Knueppel for a zone map amendment from
County RU-4 to City R-10 "Single Family Residential" for a
.56 acre parcel at 114th south of Gaarde (Wash. Co. Tax Map
2S1 1OA, Tax Lot 3001) .
A. Staff Report:
Read by Selby ',
B. Applicant's Presentation:
John Knueppel stated that the lots in question met zoning
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requirements and were oversized. t",
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C. Public Testimony:
Proponent' s:
None ,
Opponent ' s: d
None 1
D. Staff Recommendation:
A. Staff recommends approval with the following conditions : i
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1. That five feet of right-of-way along applicant' s f
property fronting 114th be dedicated to the City kI
for improvement and that the applicant file an
agreement to participate in the improvement of 114th. ,i
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ir 2 . That the developer receive approval from the City
4 Engineering Department prior to construction. if
E. Commission Discussion and Action: i
1.
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MINUTES
TIGARD PLANNING COMMISSION
September 19, 1978 - 7 : 30 P.M.
Page 3
o Brian moved for approval with staff recommendation #1.
o Corliss seconded the motion.
Motion carried unanimously.
5 . 3 Zone Change ZC 5-77 (Wedgewood) NPO #7
A request by Wedgewood Homes for a general plan and program
review for a Planned Unit Development, of 48 units and a zone
map amendment from Washington County RS-1 to City R-7 Planned
Development on a 68 . 31 acre site at the corner of B.W. 135th &
Walnut Streets (Wash. Co. Tax Maps 1S1 33D, Tax Lot 700; 2S1
4A, Tax Lot 500) .
A. Staff Report:
Read by Selby
B. Applicant' s Presentation:
Gene Ginther, Engineer for project stated that 280 units were
proposed. He accepted the findings in the staff report.
Stated that he wanted a public easement between the
Wedgewood & Bellwood - not a dedicated street.
Staff stated access would be denied.
Wood asked what is allowable density?
Staff stated that with a total of 68 . 31 acres , 273.25 units
were allowable plus an additional 10% for a planned develop-
ment to give a total of 335 units.
Wood asked about the open space and recreation areas .
John Kline with Wedgewood explained the recreation areas .
Wood thought that the recreation area had been reduced in
size.
Corliss asked if landscape tracts would be maintained by
the homeowners and asked about the play areas . Wanted a
description of the townhouses, .
Nancy Chase stated play areas would be in cul-de-sac islands
and would be handled in Site Design Review.
John Kline described the townhouses .
Wood questioned the narrow streets.
C. Public Testimony:
MINUTES
TIGARD PLANNING COMMISSION
September 19 , 1978 7 : 30 P.M.
tPage 4
Proponent's:
Charles VanKipple -- objected to the increase in density.
Stated that the Beaverton School District was at capacity.
Thought that the traffic impact would be too great.
Victor Kazinsky - Saw no benefits to the community from
the proposed development. Did not think that the play
areas for children were adequate. Asked about the storm
water system.
Val Helm - Requested in CPO #4 that the Suburban character
be preserved.
Henderson asked for a traffic study on Walnut.
D. Staff Recommendations :
Staff recommends approval with five conditions as written
plus two additional conditions:
1. An agreement and bond assuring full faithful performance
shall be executed and submitted to the City for approval
prior to recording of the final plat.
(I. .E
2 . A site drainage plan must be submitted and approved by
the building department prior to issuance of a building
permit.
3 . That the developer will phase his construction as approved
by all the utility companies prior to construction.
4, Construction and building plans shall be submitted to the
police and fire department jurisdictions for approval
prior to construction.
5. That the developer execute an agreement of dedication with
the appropriate fire and police departments for emergency
easement access to align with applicant's project and
the Bellwood Park Project; to be constructed with full
improvements by applicant as directed.
6. That the shown private streets be dedicated public
streets.
7 . That all Streets meet street city standards as to Width.
Wood thought that applicant has too many dwellings on
under-sized lots.
Ginther objected to the two additional conditions in the
staff recommendation concerning streets.
Dennis Grimes was concerned with the increased density
and traffic. Asked about the through street dedication.
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MINUTES
TIGARD PLANNING COMMISSION
September 19, 1978 7 : 30 P.M.
A-,,7; Page 5
4 ,.,
Tom Henderson wanted to see a copy of plans.
Shelly Adams stated that the traffic was terrible.
Marilyn Berlur was concerned with the roads and traffic.
Ginther thought street design was safe. Stated that
Phase I would only add three (3) students per grade to
schools. Stated they (developers) would provide improve-
ment on 135th and Walnut.
Smith asked if there would be parking restrictions on the
narrow streets.
Kline stated that they were trying to provide a variety of
housing and maintain the character of the neighborhood,
quiet streets, etc.
Corliss asked for a description of the townhouse units.
Cross-Examination:
Kazinsky stated that there would be a change of character
in the neighborhood. Children would be bussed and the
rr schools overcrowded. Wanted to maintain school quality.
Dennis Grimes wanted information on S .W. 135th expansion
and the price range of the proposed homes.
Charles VanSicle - did not see applicant backing up
testimony with facts.
Tom Henderson wanted to know the size of the air space
between units.
Shelley Adamas wanted to know if Walnut & 135th were going
to be enlarged and was Scholls Ferry at capacity?
Glenn Paddock though Walnut needed improvement.
Dick Lary concurred with Paddock.
Marilyn Beckman asked what the right-of-way on Walnut and
135th was?
De Mar Bachelor, attorney for applicant, spoke on the
school impact and coordination between districts, developers
and residents.
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Nancy Chase stated that Wedgewood had gotten extensive ;.
attention on both sides in regard to traffic density, etc.
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MINUTES
TIGARD PLANNING COMMISSION
September 19, 1978 - 7: 30 P.M.
$ Page 6
Staff reads conditions as stated before (1-7) .
Brian asked that the following additional conditions
of the preliminary plan be read into the record.
11. That construction abutting 129th & 200th north
of Walnut Street be limited to single family
attached or detached units.
12 . The overall density of the project be more closely
brought in compliance with the underlying R-7 zone.
13. The applicant must show justification for higher
density than R-7 zone . Put in no use higher than
300 units.
14. That the reduction in the multiplex density be used
to expand the open space area within the development
of both active and passive recreation.
15. That storm water detention be designed to 150% of
the 100 year flood levels.
Selby stated that he thought the five (5) additional
conditions of the preliminar plan approval had been met.
Wood questioned compliance with condition 14 .
Tepedino thought the open space had been reduced.
John Kline representing the applicant disagreed .
E. Commission Discussion & Action:
o Smith stated that if the private streets are eliminated
from the development the concept of a planned develop-
ment would be destroyed.
o Smith moved for approval with staff recommendations
1, 2 & 5.
Speaker seconded the motion.
o Wood stated that .there Were community concern.
o Corliss wanted to add a condition for more open space
access and wanted the documents concerning the maintenance
of the open space area and the homeowner 's agreement
checked with the City Attorney and copies submitted to
the City.
MINUTES
TIGARD PLANNING COMMISSION
September 19, 1978 - 7:30 P.M.
Page 7
E. Commission Discussion & Action:
o Speaker asked if the commission could legally
deny development until a bad traffic situation was
• remedied and a school bonding problem was solved.
o Corliss asked to modify the motion and/or add the
condition that the plans be submitted to the site
design review board prior to issuance of a building
permit.
o Smith moved & Speaker seconded. Agreed to amend
the motion adding the condition that the plans be
submitted to site design review.
Motion carries 5-3.
Recess 10:45 P.M. - 11 : 05 P.M.
5 . 4 Miscellaneous (ZC 10-77 Yolo Estates) NPO #3
A request by the City of Tigard for review of the Yolo
Estates Planned Development, between S .W. Pathfinder Way &
S .W. Walnut Street approved in 1977 for a 15 unit Single
Family Residential Planned Development (Wash. Co. Tax Map
2S1 2BC, Tax Lot 1900) .
A. Staff Report:
Read by Selby
B. Applicant's Presentation:
Doug Pollock stated that "adequate construction and/or
development" had taken place. Admitted that adequate
construction had not taken place but that adequate develop-
ment had been done. Stated had been unable to do on site
construction due to delays in City and County processing
and approvals .
C. Public Testimony:
Opponent's:
Reese Marzenick stated that there was some question as to
whether or not the project was buildable under today's
standards for flood plain areas. Thought that hydrological
testing was warranted. Asked why a twenty foot : roadway
was acceptable in lieu of a 34 footroadway? Asked if
easement rights for sewer hookups had been granted? Wanted
to know why easements for the property owners on the west
side were not included. Wondered if conditions for approval
had been met.
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MINUTES
TIGARD PLANNING COMMISSION
September 19 , 1978 - 7: 30 P.M.
Page 8
Mrs. Zumwalt read letter into the minutes from her
and her husband opposing the construction of Yolo
Estates . Concerned with the water problem on the
property. Stated that the water table had risen on
their property considerably in recent years.
Thought that commissioners should await the results
of the Army Corps of Engineers study on that flood
plain area. Presented specific testimony concerning
increase of water level in area. Stated that project
site could be in the 100 year flood plain. Requested
that no action be taken on the proposal until accurate,
current hydrological data is available.
Glen Haddock down stream property owner spoke on
damage done to creek bed, excessive silt build up
and springs being covered. Stated that the culvert under
Walnut was below capacity. Up to four feet of water
would backup behind it.
Roger Zumwalt refered to the Environmental and Open
Space Plan and Yolo Estates possible violation of it' s a
policies due to it' s location.
D. Staff Recommendation:
Staff suggests that the Planning Commission recommend
to the City Councl an extension on the Yolo Estates
with compliance by the applicant as follows:
1. That a Hydrological Engineer be contracted (paid
for by the applicant, chosen by City Staff) to
establish the surface drainage flow amount and
velocity on the property.
2. That the study indicate offsetting mitigating
methods to be made by the applicant if adverse
conditions exist.
3. That these conditions be concluded prior to the
City Council hearing.
E. Commission Discussion and Action:
o Wood asked for a clarification of Haddock's position. !
Thought that an undersized culvert was advantageous . i'
o Brian asked if a condition of approval for the '.
planned development was that this parcel be subject
to a hydrological study and soil impaction tests?
Pollock stated that a study had been done.
o Wood stated that applicant had a case as to
considerable development had taken place if not '+�
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MINUTES _
TIGARD PLANNING COMMISSION I,
September 19, 1978 - 7 : 30 P.M. "
t[
er Page 9 #,
o Wood continued construction. Recommend that ?.'
Council approval be granted only if the applicant .'
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agrees to mitigate any adverse conditions found to 4;
exist or present a plan to remedy conditions found
in the hydrological study.
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o Brian questioned that applicant had done substantial
construction. Thought that attribu:,ing governmental ?,
red tape to the delay was a poor excuse ,.as ,other
developers had been able to comply with the 1 year
deadline .
o Smith stated that approved four (4) foot culvert was
causing significant flooding. Questioned if a 'j
portion of the site was at all buildable. Concurred
with idea seeing flood plain study prior to any
approval of construction.
o Speaker agreed with Smith. Thought tabling request
was a wise idea.
o Wood asked if it would be possible to table request?
o Funk concurred with Speaker and Smith. ''
o Corliss and Wood concurred with the above. 1
4
o Rossman agrees with staff recommendation.
o Tepedino viewed an ektension as a variance. Thought i'
the burden of proof rested with the applicant.
Didn't think applicant had carried the burden. Didn't
want to deny the request in case of an appeal by
applicant to Council. In the event the City would r
loose some protection and control over the develop- _'
meat.
S
o Smith moves to table the request until the applicant
has supplied the commissioners with staff condition
#1 - That a Hydrocological Engineer be contracted
(paid for by the applicant, chosen by the City r'
Staff) to establish the surface drainage flow
amount and velocity on the property. {'
#2 That the study indicate offsetting mitigating
methods to be made by the applicant if adverse a.
conditions exist. ,`
Brian seconded the motion. Rossman dissents .
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Motion carries. #
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6. Other Business: 1:
Letter of response from the City of Durham - copies to be supplied to
Commissioners ; i'.
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MINUTES
TIGARD PLANNING COMMISSION
September 19 , 1978 - 7 : 30 P.M.
Page 10
6. Other Business cont. :
Selby suggested a policy on late meetings and ending public
hearings at 12 midnight.
7. Adjournment:
Meeting was adjourned at 12 : 30 A.M.
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PUBLIC NOTICE
TIGARD PLANNING COMMISSION !
September 19, 1978 - 7: 30 P.M.
Fowler Junior High Lecture Room
10865 S .W. Walnut St . Tigard, Oregon
f
5. PUBLIC HEARINGS I,
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5 . 1 TEMPORARY USE TU 7-78 (John Tigard Home) NPO #6
A request by Tigard Area Historical & Preservation
Association to temporarily locate the John Tigard House
church ro rt at the corner of S .W. Canterbury Lane &
103rd AAvenUe 1Wash . Co . Tax Map 2S1 11BC, Tax Lot 2800) .
5 .2 ZONE CHANGE ZC 18-78 (John Knueppel) NPO #3 };
A request by John Knueppel for a zone map amendment from 1'
County RU-4 to City R-10 "Single Family Residential" for ;:
a . 56 acre parcel at 114th South of Gaarde (Wash. Co. Tax
il
Map 2S1 10A, Tax Lot 3001) . t`
5 . 3 ZONE CHANGE ZC 5-77 (Wedgewood) NPO #7
A request by Wedgewood Homes for a general plan and program
review for a Planned Unit Development of 348 units and a t.
zone map amendment from Washington County RS-1 to City R-7 s;
1I
Planned Development on a 68. 31 acre site at the corner of i
S .W. 135th & Walnut Streets (Wash. Co . Tax Maps 1S1 33D,
Tax Lot 700; 2S1 4A, Tax Lot 500 ) .
5 .4 MISCELLANEOUS (ZC 10-77 Yolo Estates) NPO #3
A request by the City of Tigard for review of the Yolo ;a
Estates Planned Development , between S .W. Pathfinder Way
S .W. Walnut& .� W Street approved in 1977 for a 15 unit
F,
it Single Family Residential Planned (
Development (Wash . Co .
p
Tax Map 2S1 2BC, Tax Lot1900) to determine its present status .
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All persons having an interest in the hearing matter are invited to
appear and submit oral and written testimony or submit written I
testimony in advance of the meeting.
ir
Publish TT 9-8-78 & 9-13-78
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STAFF REPORT
AGENDA 5 .1
TIGARD PLANNING COMMISSION
September 19, 1978 - 7: 30 P.M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon
Docket: Temporary Use TU 7-78
Request: A request for a temporary use permit to locate the John
Tigard House on church property for a period not to exceed
six months.
Location: Corner of S.W. Canterbury Lane and 103rd Avenue (Wash. Co.
Tax Map 2S1 11BC, Tax Lot 2800) .
Applicant: LaVerne B. Sharp, Chairperson - Tigard Area Historical
and Preservation Association
I. Findings of Fact:
1. That the John. Tigard House is presently located on said
property by authority of the City Administrator, who
issued a temporary use permit as directed by the Tigard
Municipal Code Section 18. 80 . 020; for a period commencing
on August 23, 1978 for a period not to extend past
October 22 , 1978 (60 days) .
'.% 2 . That said applicant has an agreement with the Calvin
United Presbyterian Church for temporary location on
said site for a period not to exceed past six months
beginning August 23, 1978 to February 23, 1979.
3 . Approved temporary use for a period to extend up to
six months by the Planning Commission is requested as
directed by Sections 18. 80 . 010 and 18.80 . 030 of the
Tigard Municipal Code.
II . Conclusionary Findings :
1. The purpose of a six month temporary use permit for the
John Tigard House is to provide the applicant the time
needed to relocate the house to a permanent site.
2. The house is being preserved by the historical association
because of its unique value to the City' s history and that
its previous site has been sold for development.
3. That the applicant is requesting approval by the Planning
Commission to fulfill a requirement stated in the agreement
between the Tigard Area Historical and Preservation
Association and the Calvin Presbyterian Church.
III Staff Recommendations:
IL Staff recommends approval subject to the following conditions:
STAFF REPORT
AGENDA 5 .1
TIGARD PLANNING COMMISSION
�& September 19, 1978 - 7: 30 P.M.
Page 2
1. That the house be left vacant of human use or occupancy.
2. That the dates of permitted temporary use be for the period
of September 20, 1978 to February 23, 1979.
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STAFF REPORT
r AGENDA 5 .2 !
TIGARD PLANNING COMMISSION
ISeptember 19, 1978 7: 30 P.M. 3 ,
Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon
Docket: Zone Change ZC 18-78 (John Knueppel) H
Request: A request for a zone map amendment from County RU-4 to
City R-10 "Single Family Residential" for a .56 acre
parcel.
Location: 114th South of Gaarde (.Wash. Co. Tax Map 2S1 10A, Tax
Lot 3001) .
Applicant: John Knueppel
I . Findings of Fact:
1. The site was recently annexed into the City containing
. 56 acre parcel.
2 . The proposed zoning is in conformance with the NPO #3
Plan designation of Suburban Density, minimum of 10,000
square foot lots.
3. There exists a public need to assign city zoning to the
rannexed parcel.
4 . The site has a gently sloping grade of approximately
4% - 8% moving from the west side to the east towards
114th. The property has low brushy growth and is clear
of any significant vegetation except for one Douglas
Fir tree that stands in the center of the proposed
driveway easement.
5. The surrounding land uses are single family houses to
the north, south, west and across 114th to the east.
All lots are . 35 acres or more.
6 . Water is supplied by an 8 inch line, Tigard Water
District.
7. The lots have been connected to the Unified Sewerage
Agency.
8 . 114th Street is designated as a local street and is
presently in Washington County' s jurisdiction.
II. Conclusionary Finding:
1. The right-of-way along 114th is inadequate. Five additional
feet are needed for proper distance to improve the sub-
standard condition.
STAFF REPORT
AGENDA 5 . 2
TIGARD PLANNING COMMISSION
September 19 , 1978 - 7: 30 P.M.
Page 2
III. Staff Recommendation:
Staff recommends approval subject to the following conditions:
1. That five (5) feet of right-of-way along applicant' s
property fronting 114th be dedicated to the City for
improvement and that the applicant file an agreement to
participate in the improvement of 114th.
2. That the developer receive approval from the City Engineering
Department prior to construction
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STAFF REPORT
AGENDA 5. 3
,1,. TIGARD PLANNING COMMISSION
September 19, 1978 - 7 : 30 P.M.
Fowler Junior High Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: Zone Change ZC 5-77
Request: A request for a general plan and program review for a
Planned Unit Development of 281 units and a zone map
amendment from Washington County RS-1 to City R-7
Planned Development on a 68. 31 acre site.
Location: Corner of S.W. 135th & Walnut Streets (Wash. Co. Tax
Map lSl 33D, Tax Lot 700; 2S1 4A, Tax Lot 500) .
Applicant: Wedgewood Homes, Inc.
I. Findings of Fact:
1. Wedgewood Homes preliminary plan and program was approved
on April 18, 1978. The Planned Development is presented
again tonight in public hearing for general plan and
program approval with the following conditions having
been met:
(1) A half street improvement to county collector standards
(44 ' pavement 8 foot sidewalks be provided along the
135th street frontage) .
(2) A half street improvement to county collector standards
(40 feet pavement 8 foot sidewalk or an equivalent
improvement per Washington County Public Works Depart-
ment) approval be provided along the Walnut Street
frontage.
(3) A landscape architect (with acceptable expertise) be
design team for the planned develop-
ment.
on the g p
ment.
(4) A detailed landscape plan be submitted paying particular
attention to drainage areas, the buffer on S.W. 135th
and S.W. Walnut, street trees, sidewalk locations and
landscape islands within the cul-de-sac streets.
(5) The street tree and sidewalk plan for S.W. 130th be
000rdinated with the Summer Lake Planned Development.
f`.
(6) The units along S.W. 135th and Walnut Streets be allowed
a minimum 12 feet front yard setback for the house and
20 feet yard setback for the garages.
(7) The applicant work with staff to enlarge the width of the ,{
ILbuffer strip wherever possible.
(8) An 8 foot wide asphalt pedestrian path be provided through
the "greenway" .
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STAFF REPORT
AGENDA 5 . 3
TIGARD PLANNING COMMISSION
September 19 , 1978 - 7: 30 P.M.
Page 2
(9) The number of attached single family units, approximate
lot areas and proposed setbacks and access points be
shown.
(10) That Phase II be subject to Planning Commission review.
2 . The site is designated "Urban Low Density Residential" on
the Tigard Community Plan, 1971, and on the NPO #7 Draft
Plan Map and the Framework Plan (for the area bounded by
S.W. Scholls Ferry Road, 135th, Walnut Street and 121st
Street) as Urban Low Density with the southeast corner of
the parcel designated as Urban Medium Density. I.
3 . The applicant site plan shows a total of 281 units which
is within the allowable number per gross acre for planned
developments; 84 attached, 24 multiplex, and 173 single
family.
II. Conclusionary Findings :
1. The site slopes gently from south to north with an
elevation of 290 feet MSL at Walnut Street along the
southern property line, dropping to 210 feet MSL at the
north property line. A natural drainage swale traverses
the eastern portion of the site in a northeast/southwest
direction. The applicant is proposing to retain this
area as a "recreation tract. " The property is currently
in agricultural production (berry field) .
2 . The parcel is surrounded by single family development to
the east and south, proposed "Summer Lake" planned develop-
ment to the north and essentially undeveloped parcels to
the west and across S .W. 135th Street.
3. The site plan indicates the location of 24 "multiplex"
units in the southeast corner of the parcel which is
in accordance with the 1977 Framework Plan and NPO #7
Draft Plan.
Single family attached units are to be located along
the east property line about in the center of the parcel.
4. Applicable policies from the Tigard Housing Plan:
Policy 12 - "Revise lot size requirements to allow
smaller lot sizes in designated areas. "
Policy 15 - "Provide greater diversity of housing density
(e .g. , duplexes, 4-plex, attached single
family units, etc. ) "
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STAFF REPORT
IL AGENDA 5 . 3
TIGARD PLANNING COMMISSION
September 19 , 1978 - 7: 30 P.M.
Page 3
Policy 16 - "Provide for a diversity of housing type
in large residential planned unit develop-
ments which offer the opportunity to plan for
their compatible placement. "
5. The Beaverton School District states that student space
will be provided although some schools in the area are at
reaching capacity.
6 . The Beaverton School District uses six (6) pupil yield
per single family dwelling unit (K-12) and three (3)
pupil yield per multi-family dwelling unit. Bussing
students may be necessary as an option.
7. Washington County Fire District No. 1 has reviewed the
proposed development and have found that "the project
is compatible with their standards relating to fire
apparatus access. " (Their letter is attached) .
8. The applicant is proposing to provide approximately
6 . 15 acres (9% of the total land area) for recreation
i and open space purposes. This area is to be maintained
NL by a homeowners association.
III. Staff Recommendations:
Staff recommends approval based on the compliance of the presented
general plan and the following conditions :
1. An agreement and bond assuring full faithful performance
shall be executed and submitted to the City for approval
prior to recording of the final plat.
2 . A site drainage plan must be submitted and approved by the
building department prior to issuance of a building permit.
3. That the developer will phase his construction as approved
by all the utility companies prior to construction.
4. Construction and building plans shall be submitted to the
police and fire department jurisdictions for approval
prior to construction.
5. That the developer execute an agreement of dedication with
the appropriate fire and police departments for emergency
easement access to align with applicant' s project and the
Bellwood Park Project; to be constructed with full
4" improvements by applicant as directed.
W .
ry
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
September 19, 1978 - 7: 30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: ZC 10-77 (Yolo Estates)
Request: A request by the City of Tigard for review of the Yolo
Estates Planned Development, between S.W. Pathfinder Way
and S .W. Walnut Street approved in 1977 for a 15 unit
Single Family Residential Planned Development (Wash. Co.
Tax Map 2S1 2BC, Tax Lot 1900) to determine its present
status.
Applicant: Donald E. Pollock/Richard Brainard
I. Findings of Fact:
1. Pursuant to the City of Tigard Zoning Ordinance Title
18 .56. 170 , "If substantial construction or development has
not taken place within one year from date of approval of
the general development plan and program, the Planning
Commission shall review the district at a public hearing to
determine whether or not its continuation in whole or in
part is in the public interest, and if found not to be,
shall recommend to the City Council that the Planned
Development district on the property be removed. The
City Council, at the request of the applicant, may
grant an extension of time if justifiable" . (Ordinance
71-4 § 4, Exhibit A (part) , 1971: Ord. 70-32 0 185-6 , 1970) . •
2. The approval of the Planned Development was granted by the
City on July 25 , 1977. The City Engineer, John Hagman,
has determined that no substantial construction has taken
place on the site.
3. The applicant states that development of the Planned
Development and program is pending the recording of the
Pathfinder subdivision. It is a state requirement that
the subdivision be recorded prior to any land spliting
or construction. The applicant is in the process of
meeting the requirement to have the Pathfinder subdivision
recorded.
4. The previous staff report of May 1977, states that this
property is not within the 100 year flood plain.
5. The present staff has re-evaluated the project in
reference to the flood plain, site and area drainage
and engineer construction plan. The findings indicate
that a Hydrological Engineer study be conducted to determine
the surface flow level and velocity on and around the site.
This action will eleviate the question as to the suitable
development qualifications on this property.
•
{{ 9
STAFF REPORT
AGENDA 5 . 4
TIGARD PLANNING COMMISSION
September 19 , 1978 - 7 : 30 P.M.
Page _2
6 . That the staff report of May 17, 1977 (see attached)
addresses the questions as to the possible impact the
Planned Development will have on the site and area with r
conditions that will mitigate the adverse affect.
II. Conclusionary Findings:
1. That the General Plan and Program of the Planned Develop- ?,
ment adequately responds to the conditions required by the
Planning Commission.
2. That except for an on site hydrological study of the
property; adequate information exists as to the flood
plain and drainage flow affecting the site and general
area. (i
III. Staff Recommendation:
Staff suggests that the Planning Commission recommend to the ,!
City Council an extension on the Yolo Estates with compliance
by the applicant as follows:
1. That a Hydrological Engineer be contracted (paid for by
the applicant, chosen by City Staff) to establish the
surface drainage flow amount and velocity on the property.
2 . That the study indicate offsetting mitigating methods
to be made by the applicant if adverse conditions
exist.
3. That these conditions be concluded prior to the City
Council hearing. is
1
f
isn
STAFF REPORT
gp AGENDA 5 .2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W . Walnut Street - Tigard, Oregon
DOCKET: LC 10-77
REQUEST: General plan and program review of a proposed 15 unit sin-
gle family residential planned development in a "R-10,
Single Family Residential" zone
•
LOCATION: Between S .W . Pathfinder Way and S .W. Walnut Street (Wash .
Co . Tax Map 2S1 2BC, Tax Lot 1900)
APPLICANT: Donald E. Pollock/Richard Brainard
I . FINDINGS OF FACT:
1. The applicant is requesting general plan and program review
of a proposed 15 unit residential planned development on a
6 . 32 acre parcel in accordance with Section 18 . 56 . 030 of the
Tigard Municipal Code .
•
2 . Section 18 . 56 . 01 states :
"The purpose of the planned development district is to pro-
vide opportunities to create more desirable environments for
the application of flexible and diversified land development
standards under comprehensive plan and program profession-
ally prepared. The planned development district is intended
to be used to encourage application of new techniques and
new technology to community development , which will result
in superior living or development arrangements with lasting
values . It is further intended to achieve economies in land
development, maintenance, street systems, and utility net-
works while providing building groupings for privacy , usable
and attractive open spaces , safe circulation , and the gen-
eral well-being of the inhabitants . "
3. Section 18. 56 .030 of the Tigard Municipal Code provides for
t1 applicant to petition for general plan and program re-
- 0,01v and authorizes the Planning Commission to hold a public
hearing on the proposal .
4 . Section 18. 56 .040 of the Tigard Municipal Code states :
"Planning Commission, after public hearing, as provided in
Chapter 18 . 88, may by resolution recommend approval of the
•
•
�w' c
' STAFF REPORT
... AG ENDA 5 . 2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7 : 30 P .M.
Page 2
planned development district in the general development of
program with or without modifications or may deny the appli-
cation . A decision to recommend approval of the planned de-
velopment district shall be based on the following findings:
1. That the proposed development is in substantial conform-
ance with the comprehensive plan for the city
2. That the exceptions from th e standards of the underlying
district are warranted by the design and amenities in-
corporated in the development plan of program
3 . That the proposal is in harmony with the surrounding
area or its potential future use
4 . That the system of ownership and the means of develop-
preserving, and maintaining open space suitable
5 . That the approval will have a beneficial effect on the
area which could not be achieved under other zoning dis-
tricts
6 . That the proposed development or unit thereof can be
substantially completed within one year of approval .
5 . The site is within the boundaries of Neighborhood Plan III ,
which designates the property Suburban Density Residential .
Applicable policies from NP III include the following :
Policy 4 . "Protect the existing suburban character of this
portion of the neighborhood from encroachment by
higher density developments; the maximum overall
density of development will be three dwelling
units or nine persons per gross acre . A higher
densit y of four or twelve persons per gross acre
within an a
. •t with approved planned unit
is a possibility y
development . "
Policy 5 . "Residential subdivisions will be developed with
paved streets , curbs, and gutters, street lights
and walkways, according to City or County stand-
ards . All utilities will be placed. underground."
Policy 6 . "Development will coincide with the provision of
pnhlic streets, water, and sewerage facilities .
•
•
, STAFF REPORT
AGENDA 5 . 2
IL TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 3
•
These facilities' shall be :
•
a. Capable of adequately serving development and
b . Designed to meet City or County standards . " •
Policy 25 When land is developed and includes a designated
bicycle path route, easement should be granted to
the City. In cases where development increases
the need for the path , construction should also
be required. "
Policy 26 Any street improvement project in the neighbor-
hood should include facilities for the pedestrian
and the bicyclist .
'Policy 27 "Any development along stream channels for rec-
reational ur oses should not disturb existing
P P
trees . Places where trees are absent some should
be planted . The greenways are not suited for in-
tensive recreational developments and should be
restricted to an 'all-weather path and passive
areas for resting and picnicing and related ac-
tivities . "
i
6 . The properties zoned "R-10, Single Family Residential"
7. Prior actions of the Planning Commission regarding this par-
cel are as follows :
a. December, 1970 - 35 unit plan development with a 24 foot
wide one-way through street from S .W . Walnut to S .W .
Fanner Street approved. This approval expired due to
lack of substantial construction within one year.
b. March, 1973 - 26 unit planned development approved.
this proposal involved multi-family units, which was ap-
pealled to City Council , which reversed Planning Commis-
sion decision denied.
c In December, 1976 Planning Commission denied preliminary S
plan and program for 24 unit planned development based
on lack of conformity to NP III , with particular con-
cerns about density drainage, flood plain , and traffic
problems .
•
4
. STAFF REPORT
_,, AGENDA 5 .2
,,- TIGARD PLANNING COMMISSION
May 17, 1977. - 7: 30 P.M. .
Page 4
d. In February , 1977 Planning Commission denied preliminary
plan and program for 18 unit planned development based
on inadequate flood plain information and site drainage '
problems .
. e . On April 19 , 1977 Planning Commission approved prelimi-
nary plan and program of a 15 lot single family residen-
tial residence subject to the following conditions :
(1) An easement be provided in the area of Lots 14 and
15 for drainage and continuance of the bicycle path
from the Watkins Place Subdivision to an overall
landscape and building siting plan be included in
the general plan and program.
(2) Design for the signing and marking of the bike path
in the street right-of-way be included in the gen-
eral plan and program.
( 3) A French drain type of storm water drainage system
should be provided along the southeast plat bound- (I
ary to intercept run-off from the upslope develop-
ment . i'''
(4) A drainage plan be submitted .
(5) The greenway be developed prior to dedication .
8 . The subject property is not within the City of Tigard flood
plain district, is regulated by Ordinance 74-50A.
II . STAFF OBSERVATIONS :
The site is a westerly sloping, heavily vegetated parcel bisec-
ted by a creek, which flows in a northerly direction . Surround-
ing the parcel are two large lot subdivisions on septic tanks
and the Pathfinder Subdivision with 7, 500 to 8, 000 square foot
sewered lots.
. -A 15 inch sewer main is adjacent the creek through the site, ,
with an eight inch water line in S .W . Walnut Street and a six
inch water line in S .W. Pathfinder Way. Both systems are ade- `.
quate to service the property . HI
Concern has been voiced in the past that stability of soil is
such that it renders portions of the property unbuildable . The ,
I
STAFF REPORT
Ap AGENDA 5 .2 '
TIGARD PLANNING COMMISSION
May 17, 1977-7: 30 P .M. •
Page 5
applicant has responded by providing cut and fill profiles,
which locates the structures on the higher ground with the foun-
- dations of all buildings below or on existing grades and not on
fill as was the Pathfinder Subdivision. This area is shown on
the U.S . Soil Conservation soil reports as having moderate to
T.
severe development constraints, due to wetness, low strength,
and high shrink-swell P
'nk swell otential .
The Uniform Building Code re-
quires soil compression test for problem areas such as this and
will be required prior to issuance of any building permits .
Of equal concern during recent review DI this- property h-as been
the issue of flood plains. As noted in Finding of Fact 6, the
site was not found to be within the 100 year flood plain, as de-
termined by the U.S . Army Corps of Engineers . The determination
has been made that the high water table on this property is
probably a result of poor drainage caused when the fill in S .W .
Walnut Street was vertically realigned. The result •of this has
been to create a flood water retention basin , which , during pe-
riods of heavy rainfall , functions so as to lessen the impact of
,,, the run-offs initial crest . The applicant has designed the de-
velopment so as to maintain this community asset by adding a 36
inch culvert in addition to the' existing 48 inch culvert onto
S .W . Walnut Street . This will serve as an overflow pipe and as-
sure that water will not be backed up to the finish floor eleva-
tion of the proposed dwellings or the properties upstream. The
applicant also anticipates filling a portion of the existing re-
tention basin, although artifically created .
The drainage basin is proposed to be dedicated to the public for
inclusion as part of the City ' s greenway system for open space
preservation . With grading and filling, as proposed, little of
the existing vegetation of the building areas is expected to re-
main . This vegetation is generally of low quality brush . By
dedicating the lower area for open space , that vegetation will
be retained in its natural state . An extensive planting program
appears to be necessary .
A Althn".mh much of the upstream and surrounding developments oc-
cur.c.- in the county without sanitary sewers, there has been •
concern expressed that an unhealthy situation exists on the
site . Prior to the last Planning Commission review of the site,
the Washington County Health Department has inspected the site
and found the cause of the odor to be the result of decaying ve-
getation, not sewage . The applicant has proposed providing
sewer easements to adjacent properties on the east , which are
currently on septic tanks, should a sewage problem develop.
•
, STAFF REPORT
AGENDA 5 . 2
R".
TIGARD PLANNING COMMISSION
May 17, 1977 - 7 : 30 P.M.
Page 6
The lotting pattern as proposed envisions 15 lots from 8,075
square feet to 12,000 square feet, with an average lot size of
9, 277 square feet . This is within the three units per gross
acre limitation of the NP III .
In the area of Lot 14 a very small creek enters the site . When
the property to the south was given tentative subdivision ap-
proval , April 5, 1977, part of that proposal was to maintain the
open drainage, not culverted and extend a bicycle/pedestrian
path to this property for connection to the City greenway sys-
tem. The path is projected to follow the stream and will end
at the- southeastern edge of Lot 14. Concept of maintaining the
open drainage and connection to the greenway system should be
continued through this site . The applicant proposes to utilize
a portion of the street as a substitute for constructing a path-
way in the drainage basin . This appears to be acceptable if the
property is signed as a public pathway .
NPO III reviewed the proposal in February and recommended ap-
proval of the 18 unit planned development , provided that sewer
easements are available for the parcels to the east and that the
greenway area be maintained as permanent open space.
CONFORMITY TO PRELIMINARY PLAN AND PROGRAM
1. "An easement be provided in the area of Lots 14 and 15 for
drainage and continuance of the bicycle path from Watkins
Place Subdivision . "
The proposed development plan incorporates the ten foot
pedestrian easement between Lots 14 and 15 and shows a re-
location of the drainage Swale to occur between Lots 13 and
14 and then flow west to join the main stream and pass under
the Pathfinder Way extension through the culvert . No men-
tion is made of the continuance of the bike path from the
W4 ".kins Place Subdivision.
2. `.'AA.; overall landscape and building siting plan be included
the general plan and program. "
Sheet 3 of the general plan includes a landscape and drain-
age plan which shows the vegetation to be removed and that
which will remain.
3. "Design for the signing and marking the bike path street
Q. right-of-way be included in the general plan and program."
r
STAFF REPORT
AGENDA 5 . 2
C TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 7
The applicant has proposed . to use signing as specified by
the- Oregon State Highway Division for public bike paths.
This. is acceptable .
4 . "A French drain type of storm water drainage system should
be provided along the southeast plat boundary to intercept
run-off from the upslope development . "
Sheet 3 of the general plan states that surface or subsur-
face drainage from the east will be intercepted and routed
as required to avoid - interference-with- the proposed building •-
sites and street improvements . This is acceptable as sta-
ted f.
with the addition of the words "as determined by the di-
rector of public works".
5 . "A drainage plan be submitted. "
•
The drainage plan is shown on Page 3 of the general plan.
6. "The greenway be developed prior to dedication . The appli-
cant ' s written submission notes that the greenway area will
be dedicated to the City and preserved in its natural state
and that the improvements will be primarily of channelizing
the creek and clearance of undesirable brush .
CODE DEVIATIONS
The applicant is requesting in the general program that with
Lots 1 through 6 that there be a ten foot building setback, in-
stead of the 20 foot , as required by the underlying R-10 zone .
This is for the living portion of the building but will still
provide for a 20 foot setback for the garage areas, which will
provide ample room for cars to park in the driveway and not on
the street . It will also allow building siting closer to the
street and, subsequently, more so removed from the area experi-
encing drainage problems .
An additional code deviation requested is the width and loca-
I ;on of the curb to -curb street area. The applicant is propos-
ing a 28 foot roadway with a five foot sidewalk on the west
side only and the street offset to the west right-of-way line .
Thin is in lieu of providing a 34 foot roadway with two five- .
foot sidewalks, as required by the Subdivision Ordinance . This
appears to be warranted and will minimize the potential for
erosion caused by cutting in order to put the street in . The
reduced pavement width also appears to be warranted so as to
i'
N
STAFF REPORT
AGENDA 5 .2
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P .M.
Page 8
' allow again the shifting of buildings as far to the east as pos-
sible , placing them on the higher and more buildable portions of
the property .
DEDICATION
The applicant has proposed dedication of the greenway area via
warranty deed to the City for no charge. This is acceptable and
will assure that the area will remain open and access available
to the public .
The applicant has also submitted deed covenants which :
1. Requires that trailers, campers, boats, etc . be stored in a
garage
2. Limits fence heights to six feet
3. Prohibits animals, other than normal household pets, to be
kept in the area
` 4. Prohibits television antennas to be visible outside the home (;
5 . Requires the applicant ' s approval of exterior colors and
('I
building plans and siting it
6 . Prohibits use of single family dwellings in such a manner as
to become a nuisance, and
7. Prohibits trailers, tents or other outbuildings to be used
as a residence, either temporarily or permanently .
III . CONCLUSIONARY FINDINGS :
1. The proposed development is in substantial conformance with
the comprehensive plan for the City in that :
a. Proposed density is within the three dwelling units per
acre, as specified in the NP III
• i
b . Development is proposed to have streets, curbed gutters,
• street lights, walkways in accordance with City and
County standards and utilities will be required to be
placed underground .
.
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•
, ii
r
STAFF REPORT
AGENDA 5 . 2 f,
TIGARD PLANNING COMMISSION j
May 17, 1977 - 7: 30 P.M.
Page 9
• 2 . As noted in the staff observations, adequate water and
sewer facilities are available , as well as public streets .
3. A bike path is shown through the development and easements
are shown on the general plan and subdivision preliminary
plat . Construction is also contemplated .
4. The proposal envisions minimizing the disturbance to exist-
ing vegetation in the greenway area.
1
5 . The deviations to the setback variance and street design
standards are warranted in order to locate future structures
as far as possible from the portions of the site with drain- .
age problems, to minimize the amount of pavement involved in
the street and to provide proper slope along the eastern }'
portion of the site where the street will be located.
6 . The proposal is in harmony with the surrounding area in that
it is at a lower density than that which exists on surround-
4:
ing properties .
(: .',
7 . That by dedication of the' greenway area to the City the open v
space will be preserved and maintained. i;f
8 . Development of the property as a standard R-10 subdivision 4
4.
4r
would require extensive filling and grade modification ,
which will not be necessary under the plan development and
is more beneficial than that which could be achieved as de-
veloped in another manner .
• 9 . The applicant has stated that the proposed development will
commence upon approval by the City and has stated their as-
surance that the project can be substantially completed
within one year.
IV . STAFF RECOMMENDATION:
Based on the findings of fact and the conclusionary findings,
staff recommends approval of the• planned development and pre-
i,minary subdivision plan with the following condition : -
• The floor elevations of all structures be no less than 1.i feet
above the flooding area as shown on the general development
plan ,
C
•