Planning Commission Packet - 11/07/1978 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
AGENDA
TIGARD PLANNING COMMISSION
Covember 7 , 1978 - 7 : 30 P M.
owier Junior High - Lecture Room
A865 S .W. Walnut St , - Tigard, Oregon
Open Meeting 7: 30 P ,M. , :
Roil Call :
3, Minutes of the Meeting of:
4 Pianntng CommsFion Communication:
Public Tlenrin (8100 P .M. )
5 . 1 ZONE CHAMI; 15-78 (Der-Hart Assoc:taresi NPO ftS
A b' ov-Hart Associates for a general plan and program
reviow .. f- Jential planned development and zone map amend-
monl irom i I t-o R-7 PD for a 15 . 27 acre parcel at Hall Blvd. ,
norlivw-L ni Greensward Lane (Wash. Co . Tax Map 2S1 12B ,
Tz.4 600 , 6i,b,
].100 &
5 . 2 (:ONDFTIuNAi U 23-78 ; Sierra) NPO #7
A ittuc,', L. .. Inn Pterson for a conditional use permit to
on c, 8 . 35 acre parcel In a R-7 "Single
zone on the souths.ide of Tigard Street,
tf r rrnn , reek (Wash. Co. Tax Map 1.S1 340, Tax Lot 5600, .
Ill i Itc [l ,IJed from the September 5 , 1978 Planning
C 111110 11 trr
5. 3 CoNDITIuNi, : ' U 25-78 ,Green Valley Development; NPO #2
A requeJt by !n Vaney Development for a conditional use
permit to con. i.rwt an outside sc..prage in a M-4 "IndustriaL
Park" zone on a 2 . 34 acre parcel at 9540 S.W. Tigard. Avenue
'Wash , Co. 251 2BA, Tax Lot ,000) .
5 4 CONDITIONAL USE CU 30-78 McGehee investments ; NPO #5
A request by M ?hee Investments for a conditional use permit
to construct 11 duplexes in an R-7 "Single Family Residential"
zone on a 3. 34 acie parcel on S.W. Ha• ', Blvd. , approximately
L/4 mile south rE Bonita Road (Wash , Co. Tak Map 251 12B, Tax
Lot portion of 19001 -__
5 . 5 VARIANCE V 12-78 ,Pacific Yard Services . NPO #5
A request by Pacific Yard Services for variance to oversized
driveway 150 ft . desired, an a M-3 "Light Industrial" zone on
a 7. 59 acre parcel at 8100 S .W Hunziker ;Wash. Co Tax Map 251 1BC,
Pax Lot 2500 .
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AGENDA
TIGARD PLANNING COMMISSION
November 7, 1978 - 7 : 30 P ,M.
Page 2
. 6 VARIANCE V 11- 8 ( Gordon D. Carpenter) NPO #2
A request by Gordon D. Carpenter for variance to place sidewalk
immediately adjacent to curb without planted area in a A-2
"Multifamily" zone at 9432-9465 S .W. Tangela Ct. (Wash. Co. Tax
Map 1S1, 35DC, Tax Lots 3900 & 4001) .
6 . Old Business :
7 . New Business : 1'
8 , 66/2.00
9 . C l.4.7;AG'-Z UG<72-091.FJnt
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MINUTES
TIGARD PLANNING COMMISSION
November 7, 1978 - 7 :30 P.M.
Fowler Junior High - Lecture Room I!,
( 10865 S.W. Walnut St. - Tigard, Oregon
1. Call to Order:
The meeting was called to order at 7 :40 P .M.
2. Roll Call:
is
Present: Wood, Speaker, Helmer, Smith, Brian
Absent: Tepedino, Funk, Seeber 4;
Staff: Selby, Associate City Planner; Mackenzie, Assistant Planner
3. Approval of Minutes:
Approval of minutes for 10/3/78 were postponed.
4 . Communications:
None
5. Hearing Items:
5 . 1 Zone Change ZC 15-78 (Der-Har & Associates) NPO #5
A request by Der-Hart Associates for a general plan and
program review of a residential planned development and zone
map amendment from R-7 to R-7 PD for a 15 . 27 acre parcel at
Hall Blvd. , northwest of S.W. Greensward Lane (Wash. Co. Tax
Map 2S1 12B, TaX Lots 600 , 800, 1100 & 1101) .
A. Staff Report:
Read by Selby
B. Applicant' s Presentation:
Bill Svendsen, Planning Consultant for the applicant presented
the proposal. He addressed the points of concern raised in
findings of fact A, B & C. Stated the asphalt width had been
reduced, that there was an additional fire access in the
townhouse area. Spoke of deeding the excess land to the
adjacent property owners (lots A & B) . Read a letter from
NPO #5 into the minutes to set the lot sizes.
C. Public Testimony:
None
D. Staff Recommendations:
Staff recommends approval of the general plan and program
with the following conditions:
1. That a specific landscape plan be submitted to the site
MINUTES
TIGARD PLANNING COMMISSION
November 7, 1978 - 7 : 30 P.M.
Page 2
design review board for each phase of the project.
2. That the project be approved by site design review board.
3 . That the emergency easement accesses be approved by the
police and fire departments prior to issuance of building
permits.
4 . That street plugs be installed where necessary to the
approval of the city engineer ' s department prior to
issuance of permits.
•
5 . Construction and site drainage plans shall be submitted
with the appropriate agreements and bonds to the city
building and engineering departments prior to issuance
of permits .
6 . All utilities shall be subsurface.
7 . That all landscape islands be removed from the cul-de-sacs.
8. That a convenant creating the Homeowner ' s Association and
maintain to the city' s satisfaction. The open space and
landscape areas appear on the final plat.
( 9 . That a covenant appear on the final plat requiring that
all private streets be clear at all times for emergency
access with no parking signs posted and enforced.
10. That a covenant a pp ear on the final plat requiring that
the lands shown on the general plat as tract "A" and •
tract "B" , become the title of the adjacent independent
landowners.
11. That the applicant have the state highway department
approve plans for any work to be done on Hall Blvd.
Jeff Hartleb, developer and builder for the project stated that
they would have landscape plans for each phase. Questioned the
condition re: submittal to Site Design Review Board and agreed
d
with conditions 1, 3, 4, Disagreed 3 4 5 & 6. Disagreed with condition #7 .
Thought landscape islands were safer and a benefit to the
community. Applicant also agreed with conditions 8, 9, 10 & 11.
E. Commission Discussion and Action:
o Smith asked about the positioning of the townhouses.
o Hartleb stated that there were limits to creativity
in order to maintain low cost units.
o Wood asked why staff wished removal of the landscape
islands? Wood asked about the play area removal.
Stated that applicant could relocate play area to lot
14 near the open space.
MINUTE$
TIGARD PLANNING COMMISSION
November 7, 1978 - 7: 30 P.M.
Page 3
o Selby thought the upkeep would be a problem. Also
suggested that the private drive entrance onto Fanno
Creek Drive be straightened where it enters at the
curve instead of making the private drive a deadend
street.
o Svendsen stated that the curve of the spine road was the
problem with visibility not the angle of the access.
Stated that it was possible to close the street and place
a hard surface under the landscape area to provide for
an emergency access.
o Smith disagreed with staff on the removal of islands.
Thought that it was better to have maintained islands
than no islands at all. Stated that it was invalid to
plan around emergency vehicles and police accessibility.
o Brian was concerned with Smith' s reply on: islands, and
accessibility for emergency vehicles. Thought it was a
good development. Agreed with the deletion of #7 . Thought
lot 14 as additional open space was good and the hard
surface under the landscaping for access was good.
o Speaker thought the landscape islands should remain. {j
o Helmer was for the removal of the islands.
o Brian pointed out condition #8 for the maintenance of
the landscape islands re: the homeowners agreement.
o Wood agreed with Smith, Speaker and Brian.
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o Wood moved for approval with the staff conditions 1-11
as written with the deletion of #7, modification of #8,
and the addition of #12 & #13.
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8) That a covenant creating a homeowners association be
provided for the maintenance of the open space and
landscape islands to the city' s satisfaction. The
open space and landscape access appear on the final
plat. .
12) That approximately the south 2000 sq.ft. of lot #14
phase III be added to the project' s open space.
13) That a firm base be prepared under the landscaping
for south of lot 1, phase I for emergency access and
that the intersection of the through road south of lot
1 with Fanno Creek Drive eliminated.
o Brian seconded.
motion passed unanimously.
•
MINUTES
TIGARD PLANNING COMMISSION
November 7 , 1978 - 7: 30 P.M.
Page 4
5. 2 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,
north of Fanno Creek (Wash. Co. Tax Map 1S1 34D, Tax Lot 5600) .
This item was tabled from the September 5, 1978 Planning
Commission meeting.
A. Staff Report:
Read by Selby
B. Applicant 's Presentation:
Alan Paterson represented the developer. Presented the
proposal and read a narrative into the records.
C. Public Testimony:
None
D. Staff Recommendation:
Staff recommends approval subject to the following
conditions :
1. That the applicant submit construction and drainage plans '
to the Engineering and Building Departments for approval
prior to issuance of permits.
2 . That easements be created along the front, side and rear
lot lines of each unit to the satisfaction of the City
Engineer prior to issuance of permits.
3 . That an agreement for an easement allowing sewer access
across tract "A" be submitted to City Engineer' s office
prior to issuance of permits to allow access for sewer
lines.
4 . That the applicant dedicate ten feet of right-of-way along
Tigard Street with half street improvements.,
5. That the applicant construct mailbox clusters, street
lights, and concrete driveway aprons to the satisfaction
of the Building and Engineering Departments prior to
final inspection of the Building Department.
6 . Landscape buffering along property adjacent to Tigard
Street be designed and emplaced to the satisfaction of
the community design planner and prior to final inspection
of the Building Department.
MINUTES
TIGARD PLANNING COMMISSION
November 7, 1978 - 7: 30 P.M.
it Page 5
7. That the applicant shall create an easement to the City
along the west sideof Greenway on 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 the easement of the Greenway and land on the
preliminary plat to be approved by the Planning Department
prior to permits issued by the Building Department.
8. That all natural areas within the projects boundaries
become the responsibility of of the applicant or Homeowners
Association for the maintenance and vitality.
9. That all units' elevations be no less than one and a
half feet above the flood plain contour of 156 feet.
10 . That no grading or fill will be permitted on any portion
of the flood plain area.
11. That there be no more than two accesses onto Tigard
Street .
E. Commission Discussion and. Action:
o Wood questioned two accesses onto Tigard Street where there
would be 5 dwellings and condition #12 as read into the
the staff recommendations by Selby.
o Brian moved for approval with conditions 1-11 as written,
5 & 7 as modified and #12 as read by Selby.
12) That a covenant restricting any structure in the flood
plain area be placed on the final plat.
5) Substitute "final inspection of the Building Department"
in place of "issuance of permits" .
7) Add "west side of" before Greenway in first sentence.
5. 3 Conditional Use CU 25-78 (Green Valley Development) NPO #2
A request by Green Valley Development for a conditional use
permit to construct an outside storage in a M-4 "Industrial
Park" zone on a 2 . 34 acre parcel at 9540 S.W. Tigard Avenue
(Wash. Co. 2S1 2BA, Tax Lot 1000) .
A. Staff Report:
Read by Selby
B. Applicant' s Presentation: t:
Charles Schulz one of the developers presented the proposal.
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MINUTES
TIGARD PLANNING COMMISSION
November 7, 1978 7 : 30 P.M.
AF
Page 6
C. Public Testimony:
None
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D. Staff Recommendations:
Staff recommended approval with the following conditions:
1 . That the storage area be restricted to be no larger than
130 feet long and 50 feet wide.
2 . That the storage area not encroach onto the flood plain P
contour and no fill or paving be permitted onto the
flood plain.
3. That security lights be placed around the storage yard,
providing adequate surveilance as approved by the
Tigard Police Department.
4. That the storage yard area be paved to the standards of
the building department prior to final inspection of the
warehouse.
5. That a site obscuring fence be placed around the storage
yard (type and height) to be determined by the site
design planner.
6 . That the height of the outside storage above the
screening be determined by the site design planner.
o Helmer questioned the condition of no asphalt on flood
plain.
E. Commission Discussion and Action:
o Brian did not think condition #3 had a place in the
staff recommendation.
o Smith did not see a need to encroach on the flood plain.
o Speaker moved to approve subject to staff recommendations
with the deletion of conditions #1 & #3.
o Brian seconded.
Motion passed 4-1 (abstention)
5. 4 Conditional Use CU 3-78 (McGehee Investments) NPO #5
A request by McGehee Investments for a conditional use permit
to construct 11 duplexes in an R-7 "Single Family Residential"
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MINUTES
TIGARD PLANNING COMMISSION
November 7, 1978 - 7 : 30 P.M.
Page 7
zone on a 3 . 34 acre parcel on S .W. Hall Blvd. , approximately
1/4 mile south of Bonita Road (Wash. Co. Tax Map 2S1 12B,
Tax Lot portion of 1900) . ;.
A. Staff Report:
Read by Selby
B. Applicant' s Presentation:
Bill Svendsen represented the applicant. He presented the
proposal by comparing the impact effect on traffic, schools,
and population density of developing the property as single
family homes or as developing the property as duplexes.
He compared the impact of 11 duplexes to 15 single family units.
C. Public Testimony:
None
D. Staff Recommendations:
Staff recommends denial for the following reasons :
1. The request to increase density in the proposed area
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is not in keeping with the policies or intent of the
Comprehensive Plan .
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2 . The need for low cost housing has been acknowledged and
and is being accommodated in this neighborhood area but
not in the area of the subject site.
E. Commission Discussion and Action:
Co o u
o Smith thought that a block of duplexes was extreme. Wanted
to see a mix of single family and duplexes . Thought the
request should be tabled.
o Brian thought that a diversity would be better.
o Brian moved to tabled based on the commission discussion and
staff recommendations.
o Speaker seconded.
Passed unanimously.
5 . 5 Variance V 12-78 (Pacific Yard Services) NPO #5
A request by Pacific Yard Services for variance to oversized
driveway (50 feet desired) in a M-4 "Light Industrial" zone on
a 7. 59 acre parcel at 8100 S.W. Hunziker (Wash. Co. Tax Map
2S1 1BC, Tax Lot 2500) .
�G:
MINUTES
TIGARD PLANNING COMMISSION
November 7, 1978 - 7: 30 P.M.
Page 8
A. Staff Report:
Read by Selby
B. Applicant ' s Presentation:
David Fisher, Architect representing the applicant, presented
the proposal . Stated that the building was under construction
and that a widened access would increase traffic safety and
traffic circulation. Agreed with the staff report.
C. Public Testimony:
None .
D. Staff Recommendation:
Staff recommended approval of a 50 foot curb to curb
driveway.
E. Commission Discussion and Action:
o Brian moved for approval based on the improved traffic
safety and the staff findings and recommendations .
o Smith seconded.
Passed unanimously.
5. 6 Variance V 11-78 (Gordon Carpenter) NPO #7
A request by Gordon D. Carpenter for variance to place side-
walk immediately adjacent to curb without planted area in a
A-2 "Multifamily"zone at 9432-9465 S .W. Tangela Court (Wash.
Co. Tax Map 1S1 35DC, Tax Lots 3900 & 4001) .
A. Staff Report:
Read by Selby
B. Applicant ' s Presentation:
Gordon Carpenter stated that there was an option as
to where the planting strip should be. Thought it was better
to save trees than adhere to the code in this instance.
C. Public Testimony:
None.
D. Staff Recommendations:
The staff recommends approval of the variance with the 1i
conditions:
MINUTES L?
TIGARD PLANNING COMMISSION !,
November 7, 1978 - 7 : 30 P.M.
Page 9
' 1 . That a planter area of equal size be established,
landscaped and maintained in the right-of-way on the
other side of the sidewalk.
2 . That applicant include the variance improvements along v
tax lot 4000 fronting S.W. 95th prior to final inspection j`'
approval by City Engineer's Department.
Mike Stan was for the approval of the variance.
E. Commission Discussion and Action:
o Smith agreed with the idea of a meandering sidewalk
to preserve some trees. Did not think it was necessary
to have the entire sidewalk against the curb. Disagreed °?
with the idea of the planter strip on the resident' s
side of the walk. `I
o Brian did not think the applicant had carried the burden
of proof in order to receive a variance.
o Speaker agreed with Smith & Brian.
o Helmer thought the sidewalk could meander for trees.
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o Wood moved for approval with the staff recommendations
and conditions #1 & #2 .and adding #3 .
3) That a planter area outside of the sidewalk be retained
wherever a meandering of the sidewalk is not needed
to preserve significant trees or shrubry. The area
allowed to meander shall be approved by the city
design review planner.
o Helmer seconded.
Passed unanimously.
6 . Old Business :
None
7. New Business:
None
8. Other Business:
None
9 . Adjournment:
The meeting was adjourned at 10: 30 P.M.
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PUBLIC NOTICE
TIGARD PLANNING COMMISSION
November 7 , 1978 - 7 : 30 P.M.
Aiiiv
M, Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon P
5. PUBLIC HEARINGS .
5 . 1 ZONE CHANGE ZC 15-78 (Der-Hart Associates) NPO #5
.
A request by Der-Hart Associates for a general plan and • t
program review of. a residential planned development and
zone map amendment from R-7 to R-7 PD for a 15.27 acre
parcel at Hall Blvd. , Northwest of .S.W. Greensward Lane
(Wash. Co. Tax Map 2S1 12B, Tax Lots 600 , 800 , 1100 & 1101) .
5 .2 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, north of Fanno Creek (Wash. Co. Tax t`,
Map 1S1 34D, Tax Lot 5600) . This was tabled from the
September 5 , 1978 Planning Commission Meeting.
5. 3 CONDITIONAL USE CU 25-78 (Green Valley Development) NPO #2
A request by Green Valley Development for a conditional
if
IL use permit to construct an outside storage in a M-4
"Industrial Park" zone on a 2. 34 acre parcel at 9540
S .W. Tigard Avenue (Wash. Co. 2S1 2BA, Tax Lot 1000) .
5. 4 CONDITIONAL USE CU 30-78 (McGehee Investments) NPO #5
A request by McGehee Investments for a conditional use
permit to construct 11 duplexes in an R-7 "Single
Family Residential" zone on a 3. 34 acre parcel on S .W. F
Hall Blvd. , approximately 1/4 mile south of Bonita Rd.
(Wash. Co. Tax Map 2S1 12B, Tax Lot portion of 1900) . 1
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5. 5 VARIANCE V 12-78 (Pacific Yard Services) NPO #5
A request by Pacific Yard Services for variance to
oversized driveway (50 ft. desired) in a M-3 "Light ;;
Industrial" zone on a 7 . 59 acre parcel at 8100 S.W. '
Hunziker (Wash. Co. Tax Map 2S1 1BC, Tax Lot 2500) .
5. 6 VARIANCE V 11-78 (Gordon D. Carpenter) NPO #2 ' ,.�
A request by Gordon D. Carpenter for variance to place
sidewalk immediately adjacent to curb without planted
area in a A-2 "Multifamily" zone at 9432-9465 S .W.
Tangela Ct. (Wash. Co. Tax Map 1S1 35DC, Tax Lots 3900
& 4001) .
Note: This hearing may be continued. to a date set specific by
the Planning Commission.
Publish TT 10-25-78 & 11-1-78
STAFF REPORT
AGENDA 5 .1
; TIGARD PLANNING COMMISSION
November 7 , 1978- 7 : 30 P .M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut Street - Tigard, OR
Docket: Zone Change ZC 15-78
Request: For general plan and program review of a 81 unit Residential
Planned Development and Zone Map Amendment from R-7 to R-7
Planned Development for a 15. 27 acre parcel .
Location: East side of Hall Blvd. and north of Bonita Road (Wash. Co.
Tax Map 2S1 12B, Tax Lots 600, 800, 1101 and 1100) .
Applicant: Der-Hart Associates
I . Findings of Fact:
1. The site is designated on the NPO #5 for eight dwelling units
per acre on the east and north side of the spine road and six
dwelling units per acre on the west and north side of the spine
road. It is currently zoned R-7 , "Single Family Residential" .
2 . Applicable objectives from the NPO #5 Plan for this area
(referred to in the NPO Plan as the "Bonita Triangle") are the
following:
a. Establish an overall density which can economically support
lower cost housing alternatives while not overtaxing the
required public facilities and services.
b. Maximize the benefits of the open space provided by the
Fanno Creek flood plain and the buffering effects of its
vegetative cover.
c. Provide pedestrian linkages to the areas of usable open
space.
d. Provide vehicular access which serves all properties while
minimizing conflict points on Bonita and Hall.
e. Provide for a diversity of housing types and densities .
3. Section 18 . 56 . 010 of the Tigard Municipal Code states :
The purpose of the planned development district is to provide
opportunities to create more desirable environments through
the application of flexible and diversified land development
standards under a comprehensive plan and program professionally
prepared. The Planned Development District is intended to be
used to encourage the 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 networks while providing
building groupings for privacy, usable and attractive open spaces,
safe circulation and the general well-being of the inhabitants .
STAFF REPORT
AGENDA 5 . 1
TIGARD PLANNING COMMISSION
November 7, 1978 - 7 : 30 P.M.
Page 2
4 . Section 18 . 56 . 020 provides for a second hearing for a general
plan and program review by the Planning Commission and requires
that such review be based upon the comprehensive plan, the
standards of this title, and other regulations and the suit-
ability of the proposed development in relation to the character
of the area.
5. The site gently slopes from west to east with an elevation of
174 feet at Hall Blvd. , dropping to 150 feet along the east
property line . Surrounding land uses are vacant parcels to the
south and east, single family residence and farm land to the
north, and to the west and across Hall Blvd. residential homes .
6 . This project is an extension of a Planned Development approved
earlier to the north to be constructed by the same developer.
The developer 's narrative explains the number of units being
requested, density, etc.
7. At the June 20 , 1978 Planning Commission meeting , the following
conditions were required of the applicant:
1. That the points of concern raised in findings of fact A,
B, and C be addressed in the general plan and program when
submitted. The points are :
a. The density of the multi-family area is rather high or
the buildings could possible be sited to diminish the
amount of land devoted to asphalt. For instance, there
is an expanse of asphalt (street & driveway) 80 feet
wide down the entrance drive.
b. A private drive (street) intersects the spine road
(Fanno Creek Drive) in the midst of a curve adjacent
a play area where sight distance is somewhat poor. In
addition , the play area is not in the best location,
being adjacent the spine road. This lot is better
suited for a dwelling.
c. The access drive to Hall Blvd. has a piece of land
adjacent to it (north) which could become a maintenance
problem. There is a similar "excess" parcel adjacent
Hall behind lot 10 . Some appropriate disposition of
these parcels should be sought.
2. In addition, the concerns raised by the Fire Marshall
in his attached correspondence should also be addressed.
11. Conclusionary Findings:
1. The number of units proposed (81) equals 5 . 30 units per acre.
This is somewhat less than the average unit per acre allowed
by NPO #5 .
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.STAFF REPORT
AGENDA 5 .1
TIGARD PLANNING COMMISSION' f'
November 7, 1978 - 7 : 30 P.M.
Page 3
2 . The applicant has addressed points A, B and C as stated in the Ali
preliminary plan program as illustrated by the revised plat.
3. The applicant was also requested by the Planning Commission to
receive approval of lot sizes for the attached units by the (:
NPO. This request has been addressed.
III. Staff Recommendation:
Staff recommends approval of the general plan and program with the
following conditions:
That �I
1. a a specific landscape plan be submitted to the site
design review board for each phase of the project.
2. That the project be approved by site design review board.
3. That the emergency easement accesses be approved by the police
and fire departments prior to issuance of building permits.
4 . That street plugs be installed where necessary to the approval
of the city engineer 's department prior to issuance of permits.
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z,. 5. Construction and site drainage plans shall be submitted with
the appropriate agreements and bonds to the city building and
engineering departments prior to issuance of permits . •
6 . All utilities shall be subsurface.
7 . That all landscape islands be removed from the cul-de-sacs.
8 . That a convenant creating the Homeowner 's Association and
maintain to the city' s satisfaction. The open space and
landscape areas appear on the final plat.
9 . That a covenant appear on the final plat requiring that all
private streets be clear at all times for emergency access
with no parking signs posted and enforced.
10. That a covenant appear on the final plat requiring that the
lands shown on the general plat as tract "A" and tract "B" ,
become the title of the adjacent independent landowners .
STAFF REPORT
' AGENDA 5.2
TIGARD PLANNING COMMISSION
3'` November 7 , 1978 7 :30 P.M.
Fowler Junior High Lecture Room
10865 S.W. 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 34D, Tax Lot 5600) .
Applicant: J. Alan Paterson
I . Findings of Fact:
1. This item was tabled by the Planning Commission on September
5, 1978 to allow applicant the time necessary to redesign the
duplex lot location away from the flood plain area.
2. The applicant is resubmitting a design showing fire units
(instead of the previous seven) all which are totally above
the flood plain contour.
3. That the proposed number of units are less than the allowed
number per acre (four units per acre x 8 . 32 acres = 33 . 40) .
4. That a duplex as defined in Section 18 . 20 .020 of the Tigard
Municipal Code is an allowable conditional use in an R-7 zone.
5. The site is currently zoned R-7 and designated Urban Low Density
on the NPO #7 Plan.
6. The surrounding uses are: single family residence to the
north, duplex units to the east, Fanno Creek to the South
with open space, Fowler Junior High School to the west.
The subject site is presently vacant.
7 . The site will have its sewer by USA through an easement on the
property from the Tigard Street location hooking up with the
Fanno Creek interception.
8 . Water is available by the Tigard Water District off of
Tigard Street.
II . Conclusionary Findings :
1. The applicant has designed a site plan to accommodate the
uniqueness of the physical condition of the property and
will not encroach onto 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 Fowler Junior High
School and adjacent duplexes .
--�.
•
STAFF REPORT
AGENDA 5. 2
TIGARD PLANNING COMMISSION
November 7, 1978 - 7 : 30 P.M.
Page 2
4 . Tigard Street is presently county jurisdiction and is in
substandard condition with no sidewalks or curbs.
III . Staff Recommendation:
Staff recommends approval subject to the following conditions :
1. That the applicant submit construction and drainage plans to
the Engineering and Building Departments for approval prior
to issuance of permits.
2. That easements be created along the front, side and rear lot
lines of each unit to the satisfaction of the City Engineer
prior to issuance of permits.
i sewer 3. That an agreement for an easement allowing sewe access across
tract "A" be submitted to City Engineer' s office prior to
issuance of permits to allow access for sewer lines.
4 . That the applicant dedicate ten feet of right-of-way along
Tigard Street with half street improvements.
5. That the applicant construct mailbox clusters , street lights ,
and concrete driveway aprons to the satisfaction of the
Building and Engineering Departments prior to .i straire+e
r- -� -
.pe 4s. -�j'y.1, jlt$ 1 at (fa-R.- emikten 4 y ht-wtT
6. Landscape buffering along property adjacent to Tigard Street
be designed and emplaced to the satisfaction of the community
design planner and prior to final inspection of the Building
Department.
7. That h applicant shall create an easement to the City along
thewrfeenway of 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 the easement of the Greenway and land
on the preliminary plat to be approved by the Planning Depart-
ment prior to permits issued by the Building Department.
8. That all natural areas within the projects boundaries become
the responsibility of the applican for the maintenance and
vitality (or Homeowners Association.)
9 . That all units ' elevations be no less than one and a half feet
above the flood plain contour of 156 feet.
10. That no grading or fill will be permitted on any portion of
the flood plain area.
11. That there be no more than two accesses onto Tigard Street.
11/. A 61 `►i►
•
STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
November 7 , 1978 - 7 : 30 P .M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: Conditional Use CU 25-78
Request: For outside storage in a M-4 "Industrial Park" zone on a 2 . 34
acre parcel.
Location: 9540 S .W. Tigard Avenue (Wash. Co. Tax Map 2S1 2BA, Tax Lot
1000)
Applicant: Green Valley Development
I . Findings of Fact:
1 . The subject parcel is zoned P4-4 "Industrial Park" and
designated on the NPO #2 Plan as "Industrial Park" .
2 . The applicant is requesting to develop an outside storage
areato accommodate additional storage area for potential
leasees .
3 . Section 18 .52 . 020 of the Tigard Municipal Code states , "Any
Any
business, service, processing, storage or display essential
or incidental to any permitted use in the M-4 zone and not
conducted entirely within an enclosed building" , requires a
conditional use permit to be authorized by the Planning
Commission.
4 . This site is relatively flat with a gently slope north to
south. The warehouse building is under construction. The
surrounding areas are all zoned M-4 and designated industrial
park on the Comprehensive Plan. There now exists single
family residencesto the east and west, railroad tracks to the
north across Tigard Street that fronts the subject property.
To the south is Fanno Creek and apartments .
5 . The flood plain elevation is 150 footcontour. The storage
area is encroaching on approximately 10 feet of the 150 foot
contour .
6 . The applicant is constructing a 28 , 000 square foot warehouse.
A "storage yard" of approximately 130 feet by 50 feet is to be
situated behind the warehouse (south) screened by the natural
vegetation of Fanno Creek, but exposed to the lots east and
west.
7 . The "storage yard" will be used for storing construction type
vehicles and machinery.
It
STAFF REPORT
AGENDA 5 . 3
TIGARD PLANNING COMMISSION
November 7, 1978 - 7: 30 P.M. 41.
Page 2
II. Conclusionary Findings:
1. The storage area should be defined to allow adequate space,
yet restricted to not encroach on the flood plain.
2. Security lights should be mounted on the building, lighting
the storage area for security.
3. The grounds should be improved with asphalt for proper
maintenance and longivity.
4. A site obscuring fence of a height necessary to successfully
access off the storage area from the surrounding properties
is desirable.
III. Staff Recommendations:
Staff recommends approval subject to the following conditions :
1. That the storage area be restricted to be no larger than
130 feet long and 50 feet wide.
2. That the storage area not encroach onto the flood plain
contour and no fill or paving be permitted onto the flood
plain.
3. That security lights be placed around the storage yard,
providing adequate surveilance as approved by the Tigard
Police Department.
4. That the storage yard area be paved to the standards of the
building department prior to final inspection of the
warehouse.
5. That a site obscuring fence be placed around the storage
yard (type and height) to be determined by the site design
planner.
6. That the height of the outside storage above the screening
be determined by the site design planner,
STAFF REPORT
AGENDA 5 . 4
•. TIGARD PLANNING COMMISSION
November 7 , 1978 -- 7 : 30 P .M.
Fowler Junior High -- Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: Conditional Use CU 30-78
Request: For a conditional use permit to construct duplexes on a 3 . 34
acre parcel in an R-7 "Single Family Residential" zone .
Location: Southwest Hall Blvd. , approximately 1/4 mile south of
Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot portion of
1900) .
Applicant: McGehee Investment
I . Findings of Fact:
1 . The site is designated "Urban Low Density" on the NPO #5
Plan and is zoned R-7 "Single Family Residential" .
2 . The NPO #5 Plan has designated developable lands north of
Bonita be accessible for smaller lots and lower income housing
to accommodate the need and requirement for such housing,
allowing six to eight units per acre .
3 . The subject site is located in the residential area designated
to allow four units or 12 persons per acre only.
4 . That a duplex as defined in Section 18 . 20 .020 of the Tigard
Municipal Code is an allowable conditional use in an R-7 zone.
5 . The site is vacant with the surrounding uses consisting of :
Agricultural open space to the north and south, single family
residence to the east and west across Hall Blvd.
6 . Sewer and water are accessible on Hall. Blvd. to the subject
site from the north.
7 . The site is relatively flat with a gently slope moving west
to southwest.
8 . Hall Blvd. is designated by NPO #5 to be a major collector
with 36 feet of paving. Hall Blvd. is presently in
substandard condition with adequate dedicated right-of-way.
I7 . Conclusionary Findings :
1. The area north of the subject site is designated to allow 12 , 8
and 6 units per acre with various lot size for single family
housing. Therefore, density will be concentrated adding to the
impact on roads, schools and other necessary services.
2 . The NPO #5 Plan has adequately determined location for higher
density low income housing as required by LCDC.
•
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
lk November 7, 1978 - 7 : 30 P.M.
Page 2
3. Improvements on Hall Blvd. will be necessary when development
occurs.
III . Staff Recommendations:
Staff recommends denial for the following reasons :
1. The request to increase density in the proposed area is not
in keeping with the policies or intent of the Comprehensive
Plan .
2 . The need for low cost housing has been acknowledged and is being
accommodated in this neighborhood area .but not in the area of
the subject site.
STAFF REPORT
AGENDA 5 . 5
TIGARD PLANNING COMMISSION
November 7 , 1978 - 7: 30 P .M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Variance V 12-78
Request: For a variance to oversized driveway (50 feet desired) in a
M-3 "Light Industrial" zone on a 7.59 acre parcel.
Location: 8100 S .W. Hunziker Street (Wash. Co. Tax Map 2S1 1BC, Tax
Lot 2500) .
Applicant: Pacific Yard Service
I . Findings of Fact:
1 . The subject parcel is zoned M-3 "Light Industrial) and
designated on the Tigard Community Plan, 1971 as "General
Industrial" .
2 . On August 3, 1977 the Planning Commission approved a request
by applicant for a outside storage conditional use .
3 . The former site design review planner suggested to the applicant
that a single large access/egress driveway would be preferable
over the previously presented two driveways meeting all
ordinance requirements .
4 . Therefore, the applicant has resubmitted a plan for a 50 foot
curb cut driveway to the present site design review staff.
5. A variance is required for an access of this size according to
• Section 15. 04. 080 of the Tigard Municipal Code : "Commercial or
service drives shall not be more than thirty feet in width and
if located on the same lot frontage shall be separated by a
minimum length of curb of thirty feet. "
6 . The site is a flat, vacant parcel surrounded by Western Foundry
to the south, vacant parcels to the east and west, and U. .S
Natural Resources to the north and across S .W. Hunziker Street.
7. The applicant is constructing a 90 ,000 square foot warehouse to
be located in the northwest corner of the site. A 57 , 820 square
foot "storage yard" is to be situated behind the warehouse to
the south and screened by a six foot high fence adjacent the
foudry's north property line.
8 . S .W. Hunziker Street was recently improved through a Local
Improvement District. Sidewalks were constructed on only the
north side of the Street.
II . Conclusionary Findings:
It 1. Section 18 . 76 . 020 of the Tigard Municipal Code states that:
"No variance shall be granted by the Planning Commission
unless it can be shown that all of the following conditions exist:
•
STAFF REPORT
AGENDA 5 .5
TIGARD PLANNING COMMISSION
November 7 , 1978 - 7: 30 P.M.
Page 2
, 4
(1) Exceptional or extraordinary conditions applying to the
property that do not apply generally to other properties
in the same zone or vicinity, which conditions are a
result of lot size or shape, topography or other circumstances
over which the applicant has not control.
(2) The variance is necessary for the preservation of a property
-right of the applicant substantially the same as is
possessed by owners of other property in the same zone or
vicinity.
(3) The authorization of the variance shall not be materially
detrimental to the purposes of this title, be injurious
to property in the zone or vicinity in which the property is
located or be otherwise detrimental to the objectives of
any development plan or policy.
(4) The variance requested is the minimum variance from the
provisions and standards of this title which will alleviate
the hardship" .
2 . The city traffic engineer conducted a curb cut distance study
along Hunziker in the vicinity of the Pacific Yard Service of
other commercial sites to determine the average standard width.
The report indicates that 36 feet from curb to curb is the
average. Therefore, it is substantiated that a common deviation
from the standard required 30 feet maximum is existing for other
businesses along Hunziker.
3. The applicant' s request is in keeping with subsections 2 , 3 ,
an 4 of the variance code requirements. However, item 1, is not
substantial unless it can be argued that the former site
design review planner requested the applicant to combine the
two driveways that are larger than code regulation and therefore
created an extraordinary condition that does not apply to
other properties .
4 . The traffic engineer states that a driveway larger than 36 feet
given the existing traffic conditions off and on the subject
site is not necessary and a hardship does not exist. However,
the traffic engineer has no objection to allowing the requested
50 foot driveway.
III . Staff Recommendation:
Staff recommends approval of a 50 foot curb to curb driveway.
STAFF REPORT
AGENDA 5 .6
TIGARD PLANNING COMMISSION
November 7 , 1978 - 7 : 30 P.M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon ; i
Docket: Variance V 11-78 (Tangela Court)
Request: For a variance to place sidewalk immediately adjacent to curb
without planted area in an A-2 "Multifamily" zone .
Location: 9432-9465 S .W. Tangela Court (Wash. Co. Tax Map 1S1 35DC,
Tax Lots 3900 and 4001) .
Applicant: Gordon D. Carpenter
I . Findings of Fact:
1 . Tangela Court Subdivision was approved by the Planning
Director on December 22 , 1977 with the following conditions:
1. That a half street improvement to local street standards
be made along the frontage of both Tax Lots 3900 and 4000
to include a sidewalk and street lights. No building
permits will be issued until construction drawings have
been approved by the public works department and the
necessary bond filed.
2. That a storm water plan be submitted for public works and
building department approval which meets standards
established by Washington County.
3. That fire hydrants be placed as per Tigard Water District
and City of Tigard regulations.
4. That easements be provided according to public works
department specifications for drainage and utility
purposes.
•
5. That street trees in accordance with the Design Review
Board approved list be placed along S .W. 95th Avenue and
Tangela Court within the subdivision.
6. That the existing house located in the southwest corner
of Tax Lot 4000 be included within the Final Plat boundaries .
2. The site is designated Urban Low Density Residential on the
NPO ##2 Plan and zoned R-7, Single Family Residential.
3. On October 4, 1977 , the Tigard Planning Commission approved a
request by the applicant to locate six duplexes on this site
subject to approval of a final subdivision plat for Tax Lots
3900 and 4000.
4. The site is relatively flat with a single family home located
in the front portion of Tax Lot 4000 . This home is to remain
but will be excluded from the subdivision plat boundaries .
Tax Lot 3900 is vacant with the exception of a few large
deciduous and conifer trees. Surrounding land uses are the
- STAFF REPORT
AGENDA 5 . 6
TIGARD PLANNING COMMISSION
November 7 , 1978 - 7 : 30 P .M.
Page 2
Villa La Paz apartments to the east, single family homes to
the south and west, and a salvage yard, which is a non-
conforming
use, to the north.
•
5 . Water service is available to the site from the Tigard Water
District via an eight inch line in S.W. 95th Avenue. Sanitary
sewer is also available to the site via an eight inch line in
S.W. 95th Avenue.
6 . Section 17 . 48. 030 of the Tigard Municipal Codes states that:
A variance from the standards of this title shall not be granted
by the planning commission unless the commission finds from the
facts presented at the hearing all of the following :
(1) That there are special circumstances or conditions
affecting the property which are unusual and peculiar
to the lands or development of the project involved as
compared to other lands similarly situated.
(2) That the variance sought is necessary and the minimum
required for the preservation and protection of a
substantial property interest of the petitioner to the
degree that extraordinary hardship would result from strict
compliance with the regulations of this chapter applicable
to the particular subdivision, major or minor partitioning
involved;
(3) That the granting of the variance will not be detrimental
to the public health, safety or welfare, but will be
consistent therewith and shall not be injurious to the
rights of other property owners in the near vicinity nor
constitute a departure from or be in violation of the
comprehensive plan of the City of Tigard;
(4) That the applicant's proposal for variance in a sub-
division P ro P
division or major or minor land partitioning conforms to
and is consistent with all other regulatory requirements
of this title and Title 18 of the code, that adequate pro-
vision is made for traffic circulation, recreation, open
spaces and similar factors, and that variance sought has
been considered by other public agencies concerned with
fire protection, sewer, water and other utilities, as well
as environmental factors, and the written comments of such
regulatory bodies as applicable is submitted as part of the
record. (ord. 74-3 H4 (part) , 1974 : (Ord. 68-48 811 (b) , 1968) .
7 . The applicant is requesting the elimination of the standard
street requirements of curb, planter and sidewalk area to be
replaced by sidewalk curb adjacent without planter area.
8 . The applicant has stated that aethetic and financial benefit
will be lost if street standards are adhered to.
y STAFF REPORT
AGENDA 5 .6
TIGARD PLANNING COMMISSION !I
November 7, 1978 - 7 : 30 P.M.
IF Page 3
9 . The city engineer has recommended the granting of the variance.
}
10. The City has approved this type of variance on local streets
in 'the past. It is in practice treated as an optional way
to construct sidewalks and curbs on local streets.
11. The applicant also wishes that the sidewalk also be meandered
to save existing trees.
II . Conclusionary Findings: ��
1. Exceptional circumstances exist due to the location of trees :II
whereby the normal sidewalk standard would cause their
destruction which would be a hardship.
2. The granting of the variance would not be detrimental to the
purpose of the subdivision ordinance.
3 . The variance is the minimum variance from the provisions of
the ordinance. It is not detrimental to the public 's
health, safety and welfare. It does not injure the rights of
other nearby property owners property.
III . Staff Recommendation:
The staff recommends approval of the variance with the following
conditon:
1. That a planter area of equal size be established, landscaped
and maintained in the right-of-way on the other side of the
sidewalk.
.
2 . That applicant include the variance improvements along tax
lot 4000 fronting SW 95th prior to final inspection approval
by City Engineer' s Department.
7
1