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Planning Commission Packet - 12/05/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. swuwuYti TIGARD PLANNING COMMISSION • . , - December ,5, 1978 - 7 : 30 P.M. ,' Fowler Junior High - Lecture Room 10865 S.W. Walnut St. -- Tigard, Oregon 1. Open Meeting (7:30 P.M. ) : 2. Roll Call: . 3. Minutes of Meeting of: Approval of minutes for 11/21/78 planning commission meeting. j 4. Planning Commission Communication 1 5. Public Hearings (8:00 P.M.) : 5 .1 ZONE CHANGE ZC 30-78 (Sherwood Downs) NPO #5 j A request by Ginther Engineering, Inc. for a preliminary plan and program review of a residential planned develop- ment and zone map amendment from Wash. Co. RU-4 to City ,: i of Tigard R-7 PD on a 11.25 acre parcel, south of Bonita Road on S.W. 76th (Wash. Co. Tax Map 2S1 .12B, Tax Lots • 4800, 4701 and 4700 &- 4600) . 5.2 ZONE CHANGE ZC 25-78 (Winter Lake) NPO #7 . A request by Krueger Development Co. for a preliminary I plan and program review of a residential planned develop- ment and zone map amendment from Wash. Co. RS-1 to City 1 of Tigard R-7 PD and A-2 PD on a 27.31 acre site, east of E 135th, between Scholls Ferry & Walnut Street (Wash. Co. Tax Map 1S1 33D, Tax Lots 500, 600, 601 and 602) _ • 5. 3 • ZONE CHANGE ZC 18-78 (Grimstad) i' '' ''W NPO #6 . A request by Neil K. Grimstad for a general plan and program . review of a single family residential planned development • ' and a zone map amendment from County RS-1 to City R-7 PD • on a 20. 92 acre site at 9930 S.W. Durham Road (Wash. Co." Tax Map 2S1 14B, Tax Lot 300 &,400) . .. 5 .4 CONDITIONAL USE CU 34-78 (Jim Kosta) _ . NPO #1 - A request by Jim Kosta for a conditional use permit to 'x construct siz (6) apartment units in a R-7 "Single Family Residential" zone on a . 61 acre site located at 13895 S .W. 104th (Wash. Co. Tax Map 2S1 2CC, Tax Lot 3101) . '°,V`' C f. 5 . 5 CONDITIONAL USE CU 31-78 (Page Stevens) NPO #1 �1- 1 E te. A request by Page Stevens for a conditional use permit to construct and operate a marine sales and service center in a C-3M "Main Street Commercial" zone on a 3. 25 acre site, • 1 north of 9110 S.W. Burnham Road (Wash. Co. Tax Map 2S1 2AC, Tax Lots 200) . 11 1 • t • AGENDA • . TIGARD PLANNING COMMISSION December 5, 1978 - 7: 30 P.M. ; Page 2 . • 5.6 CONDITIONAL USE CU 32-78 (Ted Vonada) NPO #3 -d, A request. by Ted. Vonada for a conditional use permit to construct a duplex in a R-10 "Single Family Residential" yy� • _. ._- - zone on a . 57 Acre site at 13800 S.W. 110th (Wash. `Co , Tax Map 2S1 3DD, Tax Lot 1300) . 4{•M s .'.5.7 ZONE CHANGE. ZC 31-78 (Fred Cooper) NPO #4 �.._ e-�rr�g" amendment from A request by - • Cooper for a ax _,; Wash. Co. RU-4 & • "ingle Family Residential" . zone • ::� • to City of .Ti • "Co eL- cial- Professional" zone on. a 0. 74 - p • � ,, acre s ' - - 12700 S.W. 72nd = .ue (Wash. Co. Tax Map 2S1 . 1A. , Tax Lots.• 700 & 800) . ' 6 Old Business - .rk. ;•� Z. 7. New Business. • . .----: 8. Other Business: . Adjournment:9. dour ent:m • 3 • _ r f :V! p r r j r ..'-;•:-"'"::'.. # ta •f a _ .r•° ' rr� t .n Ill ..1 a 11 x { • • _.r. r . . • PUBLIC NOTICE TIGARD PLANNING COMMISSION December 5, 1978 - 7: 30 P.M. Fowler .Junior High - Lecture Room 10865 S .W. Walnut St.- Tigard, Oregon 5. PUBLIC HEARINGS 5. 1 ZONE CHANGE ZC 30-78 (Sherwood Downs) NPO #5 A request by Ginther Engineering, Inc. for a preliminary plan and program review of a residential planned development and zone map amendment from Wash. Co. RU-4 to City of Tigard R-7PD on a 11. 25 acre parcel, south of Bonita Road on S.W. 76th (Wash. Co. Tax Map 2S1 12B, Tax Lots 4800, 4701 and 4700) . 5. 2 ZONE CHANGE ZC 25-78 (Winter Lake) NPO #7 A request by Krueger Development Co. for a preliminary plan and program review of a residential planned development and zone map amendment from Wash. Co. RS-1 to City of Tigard R-7PD and A-2PD on a 27. 31 acre site, east of 135th, between Scholls Ferry & Walnut Street (Wash. Co. Tax Map 1S1 33D, Tax Lots 500 ,600, 601 and 602) . 5. 3 ZONE CHANGE ZC 18-78 (Grimstad) NPO #6 A request by Neil K. Grimstad for a general plan and program review of a single family residential planned development and a zone map amendment from County RS-1 to City R-7PD on a 20. 92 acre site at 9930 S .W. Durham Road (Wash. Co. Tax Map 2S1 14B, Tax Lot 300) . 5.4 CONDITIONAL USE CU 34-78 (Jim Kosta) NPO #1 A request by Jim Kosta for a conditional use,.permit to construct six (6) apartment units in a R-7 "Single Family Residential" zone on a . 61 acre site located at 13895 S.W. 104th (Wash. Co. Tax Map 2S1 2CC, Tax Lot 3101) . 5 .5 CONDITIONAL USE CU 31-78 (Page Stevens) .NPO #1 A request by Page Stevens for a conditional use permit to construct and operate a marine sales and service center in a C-3M "Main Street Commercial" zone on a 3. 25 acre site, North of 9110 S.W. Burnham Road (Wash. Co. Tax Map 2S1 2AC, Tax Lot 200) . 5 . 6 CONDITIONAL USE CU 32-78 (Ted Vonada) NPO #3 A request by Ted Vonada for a conditional use permit to construct a duplex in a R-10 "Single Family Residential" zone on a .57 acre site at 13800 S.W. 110th (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1300) . • • PUBLIC NOTICE TIGARD PLANNING COMMISSION December 5, 1978 - 7: 30 P.M. Fowler Junior High Lecture Room 10365 S.W. Walnut St.- Tigard, Oregon • 5. 7 ZONE CHANGE ZC 31-78 (Fred Cooper) NPO #4 A request by Fred Cooper for a zone map amendment from Wash. Co. RU-4 and City- R-7 "Single Family Residential" zones to City of Tigard CP "Commercial-Professional" zone on a 0.74 acre site at 12700 S.W. 72nd Avenue (Wash. Co. Tax Map 2S1 1AC, Tax. Lots 700 & 800) . NOTE: This hearing may be continued to a date set specific by the Planning Commission. Publish TT 11-22-78 & 11-29-78 • • . f' f� • MINUTES TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon 1. Open Meeting: The meeting was called to order at 7:40 P.M. 2. Roll Call: Present: Tepedino, Smith, Speaker, Funk, Helmer, Seeber, Kolleas, Wood, Brian Staff: Selby, Mackenzie 3. Minutes of Meeting of: The minutes of November 14, 1978 meeting were approved as submitted. 4. Planning Commission Communication: II None 5. Public Hearings: 5.1 Zone Change ZC 30-78 (Sherwood Downs) NPO #5 A request by Ginther Engineering, Inc. for a preliminary plan and program review of a residential planned development and zone map amendment from Wash. Co. RU-4 to City of Tigard R-7 Planned Development on a 13.42 acre parcel, south of Bonita Road on S.W. 76th (Wash. Co. Tax Map 2S1 12B, Tax Lots 4800, 4701, 4700 and 4600) . A. Staff Report: Selby gives a verbal presentation and reads the staff report. B. Applicant's Presentation: Gene Ginther, Engineer for the applicant presented the request for 11 zone change and preliminary plan approval of the planned development. Stated that the open space could be owned by a homeowners association. The townhouses would be sold individually and have separate garden plots. Phillip Thompson, Architect for the project stated that there was a large (100 year) flood plain area) . Described the site and stated that - they were allowed 68 units but only request 64 units. Planned on doing minor cutting and filling in the flood plain. Explained design of units and the layout of the single family dwellings and townhouses. Ginther spoke on the traffic situation, said they had estimated 175 trips south exiting onto Durham Road and 325 trips exiting to the north onto Bonita. Wood askedabout the amount and manner of the cut and fill in the flood plain? MINUTES 4 TIGARD PLANNING COMMISSION December 5, 1978 7:30 P.M. Page 2 Smith asked if the greenway area could be sloped at least 3 feet rather than cutting holes in the flood plain area, and if the cut from the flood plain, could be used for foundation material for the dwellings? C. Public Testimony: Barbara Web asked how many commissioners had been to the subject site? Stated that the area flooded almost every year. Thought roads were the worst problem for the development. Described the site and entrance onto Bonita. D. Staff Recommendations: Staff recommended approval with the following conditions: 1. That five (5) feet of right-of-way be dedicated to the City with half street standard improvements on S.W. 79th. 2. That the present right-of-way be dedicated to the City with half street standard improvements on S.W. 79th. 3. That the street into the development off of S.W. 79th be 50 foot right-of-way with full local standard improvements with a street plug until S.W. 79th is improved from Durham north to Bonita. 4. That no dwelling units be permitted onto the flood plain and that no cut or fill be permitted onto the flood plain except in minimum amount .to create the S.W. 76th right-of-way through the project. 1 5. That the construction be in two phases of which the first phase is to be completed (final building inspection approval) prior to the issuance of building permits for the second phase. All public works construction and utilities shall be installed in the beginning of the first phase. 6. That the applicant submit an agreement of dedication to the City along the flood plain area as a "Greenway" through applicant's property. J Phillip Thompson, Architect, corrected the elevation figures given by Ms. Web. Stated that no on-street parking would be allowed in the project's a portion of the street. Stated that the developer was going to improve S.W. 76th. Norman Web stated that the traffic situation was the greatest problem. E. Commission Discussion and Action: o Brian agreed with the staff recommendations generally. Thought that the street should not be on the flood plain side between the open area. and the dwellings. o Smith thought that the development was a good one. Did not think that , S.W. 76th needed to be improved to full local street standards. Thought that the applicants were approaching a reasonable way of dealing with the flood plain. Did not agree with the staff recommendations #2 or #4. s MINUTES TIGARD PLANNING CQMMI•SSION December 5, 1978 7:30 P.M. Page 3 E. Commission Discussion and Action Continued: o Speaker liked the concept of the project. Thought the commission needed to think about traffic and street development during the • construction process. o Funk thought part of the greenway area could be reclaimed for denial of the request. Stated that if the project were a subdivision, applicant would only be allowed to have half the density proposed. Did not agree with staff condition #6. o Seeber thought that some of the flood plain area could be reclaimed. Maybe the density was high in the flood area. Thought the road (79th) should be repaired after and during construction. Did not agree with staff condition #6. o Kolleas was concerned with the condition of S.W. 79th during construction. o Tepedino thought some filling was possible on the flood plain, but not to the extent proposed. Was for the denial of the project. o Smith moved to approve. with the following conditions: 1. That five (5) feet of right-of-way be dedicated to the City with half street standard improvements on S.W. 79th. 2. That the present right-of-way of S.W. 76th through the develop- ment be vacated. 3. That the street into the development off of S.W. 79th be 50 foot right-of-way with full local standard improvements with a street plug until S.W. 79th is improved from Durham north to Bonita. 4. That'the fill of the flood plain be allowed only to the 130 foot contour. 5. That the total number of dwelling units be limited to 42 and that the make-up of the dwelling units be decided at the general plan review. 6. That the applicant submit an agreement of dedication to the City along the flood plain area as a "Greenway" through applicant's property. 7. That the 'applicant renew S.W. 79th after construction to the same or better condition as it is in presently. o Brian seconded. o Wood opposed the motion because of the delineation of the units. Stated commission has to support the Comprehensive Plan. o Smith stated a means to arrive at a density figure. Agreed to a higher than subdivision density due to the housing problems the commission would face in the future and the need to comply with the LCDC requirement #10. o Funk asked about 76th Avenue and the access for the project? MINUTES TIGARD PLANNING COMMISSIO.N December 5, 1978 7:30 P.M. Page 4 4, o Smith modified condition #2 to read as follows: CONDITION #2 MODIFIED: That the present right-of-way of S.W.76th through the development be vacated and relocated. o Smith, as per suggestion by Wood Condition #4 was amended to read: CONDITION #4 AMENDED: That the fill of the flood plain be allowed only to the 130 foot contour. That construction in the flood plain will be accomplished in a manner not to reduce the total capacity of the flood plain. o Brian seconded. Motion passed 7-2. Recess 10:00 P.M. - 10:10 P.M. 5.2 Zone Change ZC 25-78 (Winter Lake) NPO #7 A request by Krueger Development Co. for a preliminary plan and program review of a residential planned development and a zone map amendment from Wash. Co. RS-1 to City of Tigard R-7 PD and A-2 PD on a 27.31 acre site, east of 135th, between Scholls Ferry & Walnut Street (Wash. Co. Y ( Tax Map 1S1 33D, Tax Lots 500, 600, 601 and 602) , A. Staff Report: Aldie Howard presented the proposal. Stated that the southern portion of the subject site was not within the city limits, and that the developer had agreed to table the request until such time as the parcel was annexed to the City. Stated that the site would be in the City by February 6, 1979. B. Applicant's Presentation: None C. Public Testimony: None D. Commission Discussion and Action: o Brian moved to table the request. o Smith seconded. Passed unanimously. 5.3 Zone Change ZC 18-78 & ZC 13-78 (Grimstad & Waymire) NPO #6) A request by Neil K. Grimstad and Kenneth L. Waymire for a general plan and program review of a single family residential planned development and MINUTES TIGARD PLANNING COMMISSION • December 5, 1978 - 7:30 P.M. Page 5 5.3 Zone Change ZC 18-78 & ZC 13-78 (Grimstad & Waymire) continued: • a zone map amendment from County RS-1 to City R-7 PD on a 41.33 acre site at south side of Durham Road, just west of S.W. 98th Avenue (Wash. Co. Tax Map 2S1 14B, Tax Lots 300 and 400) . A. Staff Report: Staff report read by Selby. B. Applicant's Presentation: Ralph Perron, Planner for the project, presented the proposal. Stated that they would like to leave the river area in its natural state without the addition of the bike path. Asked if they could be permitted one cul-de-sac island in the northernmost cul-de-sac? Stated that they agreed with most of the staff recommendations. C. Staff Recommendations: Selby asked about the preliminary plan approval condition #6 and the street standards? He then read the staff recommendations. E. Commission Discussion and Action: o Speaker asked what was the position of the Planning Commission and staff on cul-de-sac islands? o Smith disagreed with the staff on cul-de-sac islands. Thought one should be allowed at the entrance to the project and that the radius should be increased to 50 feet on that cul-de-sac. Asked why the bike path was eliminated across the loop area? o Wood asked about planting around play areas to prevent children from running across streets and questioned if the elimination of the bike path would interfer with the City's overall plan for greenways? o Brian asked what was the purpose of the homeowners association if there were no cul-de-sac islands? o Smith moved for approval with the following conditions: 1. That construction and drainage plans for the public works and on-site locations be submitted and approved by the City Engineer and building departments prior to issuance of permits with agreements of bonding constriction as required. 2. That street plugs be placed where needed to the approval of the City Engineer prior to final building inspection. 3. That all covenants and restrictions stated in the applicant's narrative with the creation of the Homeowners Association be placed on the final plat for recording. II MINUTES TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Page 6 E. Commission Discussion and Action continued: o Smith 4. That the project be reviewed and approved by the Site Design Review Board. Such approval to include the placement of protective vegetation in the play area and location of the bike path. 5. That a landscape cul-de-sac be permitted on Grimson Court and that the cul-de-sac have a 50 foot radius. 6. That half street improvements to collector street standard (including lights) be installed prior to final building inspection on S.W. Durham Road. 7. That the applicants receive approval for the construction and width of the cul-de-sacs by the Fire Department jurisdiction prior to issuance of public work improvement permits. 8. That the curb and gutter construction be standard design. 9. That a paved bike path be installed parallel to the river and and access path to Riverwood Lane. 10. That only the vegetation and/or other materials listed in the general plan and program narrative be removed by applicants prior to city acceptance of the dedicated area. o Brian seconded. Passed unanimously. 5.4 Conditional Use CU 34-78 (Jim Kosta) NPO #1 A request by Jim Kosta for a conditional use permit to construct six apartment units in a R-7 "Single Family Residential" zone on a .61 acre site located at 13895 S.W. 104th (Wash. Co. Tax Map 2S1 2CC, Tax Lot 3101) . A. Staff Report: Read by Selby B. Applicant's Presentation: Terry Sandblast presented the proposal. Agreed with the staff report except that the developer would like to complete the street improve- ments and the construction simultaneously and be allowed building permits after the necessary bonds were posted for the street improvements. He corrected the lot size figure on the tax map as per a recent survey to . 30,023.18 square feet. 1 MINUTES TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. F` Page 7 C. Public Testimony: None D. Staff Recommendations: Staff recommends approval subject to the following conditions: 1. That the applicant construct full street improvement on S.W. 104th to City Local Street Standard from S.W. McDonald to the northern portion of the subject property prior to issuance of building permits. 2. That the required construction and drainage plans be submitted and approved with the necessary bond agreements to the Engineering and Building Departments prior to final building inspection approval. 3. That two ingress/egress accesses be provided on the site; one on the south as shown and one to the north. E. Commission Discussion and Action: o Brian moved to approve with the staff recommendations and modification of staff condition #1: CONDITION #1 MODIFIED: That the applicant construct full street improvement on S.W. 104th to City Local Street Standards from S.W. McDonald Street to the northern portion of the subject property prior to final building inspection. 5.5 & 5.6 Conditional Uses CU 31-78 ( Page Stevens) & CU 32-78 (Ted Vonada) Time did not permit hearing of,these items this evening. They will be rescheduled for a later date. Selby stated that they should be moved up to the first items on the next agenda. Selby asked for a motion? Tepedino moved. Selby asked that CU 36-78 Donald Pollock & Yolo Estates be rescheduled to be heard before the Planning Commission on February 6, 1979. Wood seconded the motion. Motion passed unanimously. MINUTES TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Page 8 6. Old Business: Selby stated that the Army Corps of Engineers had communicated to him that they could do their flood plain study with a zero rise in the flood way if the commissioners so desired, rather ,than basing the flood plain study on a 1 foot rise in the flood way as proposed at the flood plain study session. Tepedino requested that staff draft a letter to that effect and bring it to the following planning commission meeting for approval. 7. New Business: • None 8. Other Business: Selby introduced Mr. Bond the appointed replacement for commissioner Brian. Wood asked if the Koil Development could be placed on the agenda as applying for either a M-4 PD or an M-4 zone change with conditional uses and arrange the additional fee retroactively, and that public notice be done allowing for the two possibilities? 9. Adjournment: The meeting was adjourned at 11:50 P.M. C STWPF REPORT • AGENDA 5.1 TIGARD PLANNING COMMISSION w d, December 5, 1978 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 30-78 (Sherwood Downs) Planned Development Request: For a preliminary plan and program review of a residential planned development and zone map amendment from Wash. Co. RU-4 to City of Tigard R-7 Planned Development on a 13.42 acre parcel. Location: South of Bonita Road; on S.W. 76th and fronting on the east side of 79th (Wash. Co. Tax Map 2S1 12B, Tax Lots 4800, 4701, 4700 and 4600) . Applicant: Ginther Engineering, Inc. I. Findings of Fact: 1. The site is designated as Urban Low Density Residential on the NPO #5 Plan, and is presently zoned R-7 "Single Family Residential." 2. The applicant proposes to develop 18 single family detached units, two • (2) attached units, and 44 townhouses; for a total of 64 units. 3. Section 18.56.110 of the Tigard Municipal Code allows a 10% density bonus for compensation of land vacancy in a Planned Development project. Therefore, 68 total units would be permitted. 4. The site is presently vacant with a combination of heavily grouped native scrub vegetation and pasture land. The site has a sloping elevation moving west to east with a severe drop along the flood plain contour area. 5. The surrounding land uses are single family units to the west across 79th, south, east and northwest; with apartment units north along 76th. 6. The existing roads that will support the distribution of traffic circulation for this project are 79th and 76th. Both streets are substandard with limited paving, no curbs, sidewalks or improved surface drainage facility. 7. Sewer will be extended from the Fanno Creek interceptor line which runs along the eastern edge of the property. Water service will be supplied from S.W. 76th and S.W. 79th by the Tigard Water District. 8. The subject site is within the flood plain area contributed by Fanno Creek and the "Greenway" system. II. Conclusionary Findings: 1. Both S.W. 79th and S.W. 76th have site distance restrictions due to the '' swell and narrow street configuration. Therefore, street improvement, traffic controlling markings and signs will be needed to alleviate the problem along with phasing of additional average daily trips by new develop- ment, until street improvements are made. STAVE' REPORT . `AGENDA 5.1 TIGARD PLANNING COMMISSION DECEMBER 5, 1978 7:30 P.M. Page 2 2. The encroachment of the townhouses on the flood plain causing a cut and fill in the flood plain can be alleviated by restricting development on the flood plain area and constructing the frontage lots along S.W. 79th for townhouses. 3. Deviations of public right-of-way standards are not necessary except to allow the developer the convenience of lessening cost. III. Staff Recommendations: Staff recommends approval of the preliminary plat and program subject to the following conditions: 1. The five (5) feet of right-of-way be dedicated to the City with half street standard improvements on S.W. 79th. 2. That the present right-of-way of S.W. 76th through the development be vacated and be altered to meander along the flood plain contour ( not to encroach) with 50 foot right-of-way width and full local street standard improvements. 3. That the street into the development off of S.W. 79th be 50 foot right- of-way with full local standard improvements with a street plug until S.W. 79th is improved from Durham north to Bonita. 4. That no dwelling units be permitted onto the flood plain and that no cut or fill be permitted onto the flood plain except in minimum amount to create the S.W. 76th right-of-way through the project. 5. That the total number of dwelling units be limited to 32; of which 16 are to be single family and 16 to be attached single family. 6. That the construction be in two phases of which the first phase is to be completed (final building inspection approval) prior to the issuance of building permits for the second phase. All public works construction and utilities shall be installed in the beginning of the first phase. 7. That the applicant submit an agreement of dedication to .the City along the flood plain area as a "Greenway" through applicant's property. • STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Fowler Junior High Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Changes ZC 13-78 and ZC 18-78 PD Request: For general plan and program review of a 41.33 acre single family planned development and a zone map amendment from Washington County RS-1 to City R-7 Planned Development Location: South side of Durham Road, just west of S.W. 98th Avenue (Wash. Co. Tax Map 2S1 14B, Tax Lots 300 & 400) . Applicants: Ken Waymire and Neal Grimstad. I. Findings of Fact: 1. The applicants are requesting general plan and program approval in accordance with Section 18.56.020, Tigard Municipal Code for a 136 lot Single Family Residential Planned Development on a 41.33 acre parcel. Originally there were two separate proposals submitted. One develop- ment on Tax Lot 400 by Waymire and the other on Tax Lot 300 by Grimstad. Subsequent to discussions with staff the two parcels have been combined to form a Single Planned Development. 2. The site is designated "Urban Low Density" (4 units/acre) and "Suburban Low Density" (2 units/acre) on NPO #6 Plan and is currently zoned RS-1 county "Suburban Low Density Residential." Applicable policies from the NPO #6 Plan are as follows: A. The maximum overall density of development will be four dwelling units or 12 persons per gross acre. This amounts to a standard of 7500 square feet of land per dwelling unit allowing for streets and other open space. Some areas will have a lower density owing to topography, existing development patterns, or the desire of individuals to own a larger lot. For environmental reasons the density along the Tualatin River will be reduced to two units per acre. B. Residential subdivisions will be developed with paved streets, curbs and gutters, street lights, and walkways, according to city or county standards. All utilities will be placed underground. C. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet city or county standards. D. Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellings. Planned unit development will permit a degree of flexibility in design that will enable a higher quality of development in accordance with zoning standards. STAFF REPORT 4?; AGENDA 5.3 f>. TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Page 2 ,? 3. The attached letter dated July 13, 1978 indicated the conditions required ;! of the applicants by the July 11, 1978 Planning Commission hearing. II. Conclusionary Findings: • 1. The applicants have satisfied the conditions placed on them with the z+ exception of condition #6 and #11. The applicants are prepared at the general plan and program level to justify the exception to the conditions. 2. The applicants have demonstrated in their program the variances and covenants necessary to reserve the natural environment while building in a urban growth area. III. Staff Recommendations: { Staff recommends approval subject to the following conditions: 1. That construction and drainage plans for the public works and on-site locations be submitted and approved by the City Engineer and Building departments prior to issuance of permits with agreements of bonding constriction as required. �. 2. That street plugs be placed where needed to the approval of the City Engineer prior to final building inspection. �+ 3. That all covenants and restrictions stated in the applicants' narrative with the creation of the Homeowners Association be placed on the final plat for recording. 4. That the project be reviewed and approved by the site design review board prior to issuance of building permits. 5. That no landscapedisland cul-de-sacs be permitted. 6. That half street improvements to collector street standard (including • lights) be installed prior to final building inspection on S.W. Durham Road. 7. That the applicants receive approval for the construction and width of the cul-de-sacs by the Fire Department jurisdiction prior to issuance of public work improvement permits. 8. That the curb and gutter construction be standard design. 4, 9. That the equestrian trail in the portion of property to be dedicated to the city be kept in its natural state with no cut or fill grading and receive the public work director's and City Park Board's approval of improving the dedicated area prior to issuance of building permits. 10. That only the vegetation and/or other materials listed in the general • plan and program narrative be removed by applicants prior to city acceptance of the dedicated area. STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 34-78 Request: To construct three duplexes in a R-7 "Single Family Residential" zone on a .61 acre parcel. Location: 13895 S.W. 104th (Wash. Co. Tax Map 2S1 2CC, Tax Lot 3101) . Applicant: Jim Kosta I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" on the NPO #1 Plan and is presently zoned R-7 "Single Family Residential." 2. Section 18.20.020(1) of the Tigard Municipal Code permits "Duplex Residential, with a minimum lot of 10,000 square feet: one duplex per lot or two single family attached units with a minimum lot area of 5,000 square feet per unit." In the event it appears that it is not practical to divide a legal lot into two lots of 5,000 square feet each, the planning director may approve the division notwith- standing the fact that one lot is less than 5,000 square feet, provided, however, that no such lot shall be smaller than 4,250 square s feet. 3. The applicable policy from the Tigard Housing text is the following: Policy 15: Provide greater diversity of housing density (e.g. , duplexes, four-plex, attached single family units, etc.) . 4. The site is relatively flat, vacant parcel surrounded by a vacant parcel zoned R-7 to the north, eastward across S.W. 104th is a single family dwelling and vacant land, southward there is a single family dwelling adjacent to the site while southward across S.W. McDonald Street there is a large apartment complex, westward there is commercial development that has frontage on S.W. Pacific Highway. Immediately west adjacent to the site is a tire warehouse and retail store. 5. The applicant is proposing to construct three duplex units meeting all code requirements for setbacks, building heights, lot coverage, and lot size with allowa:ile amount of units per acre. 6. Sewer and water services are available off McDonald and S.W. 104th 7. Southwest 104th is designated in the NPO #1 Plan as a local collector street requiring 50 feet of right-of-way with 34 feet of paving. 8. The location of duplexes is adjacent to an existing commercial use along the west side of the proposed development that will provide a transitional land use between the single family residents to the east and the single family properties to the south. The same buffering effect would be provided along the northern portion of the site. 1,0 ' STAFF REPORT 1 . r AGENDA 5,4 1. TIGARD PLANNING COMMISSION ti December 5, 1978 - 7:30 P.M. , Page 2 II Conclusionary Findings: } 1. This request conforms to the density limitations of the R-7 zone tiil (Single Family Residential) and Urban Low Density Residential r!' designation of the NPO 1 Plan- 11 2. The duplexes will provide a buffer between single family homes and the property to the west. 3. There is an identified public need to provide a diversity of housing types within the community, according to policies set out in the Housing Plan. 4. Southwest 104th has the adequate right-of-way width, however, street improvements are necessary. III. Staff Recommendations: • Staff recommends approval subject to the following conditions: 1. That the applicant construct full street improvement on S.W. 104th to City Local Street Standard from S.W. McDonald to the northern portion of the subject property prior to issuance of building permits. a 2. That the required construction and drainage plans be submitted and approved with the necessary bond agreements to the Engineering and Building Departments prior to final building inspection approval. F. 3. That two ingress/egress accesses be provided on the site; one on the south as shown and one to the north. i 1 V. V 4 t i. , I. 1 STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Zone Change ZC 25-78 PD (Winter Lake) Request: For a preliminary plan and program review of a residential planned development and zone map amendment from Wash. Co. RS-1 to City of Tigard R-7 PD and A-2 PD on a 27.31 acre site. Location: East of 135th, between Scholls Frery and Walnut Street (Wash. Co. Tax Map 1S1 33D, Tax Lots 500, 600, 601 and 602) . Applicant: Krueger Development Company I. Findings of Fact: 1. Portions of the site are tentatively designated as R-7 and A-2 on the Draft NPO #7 Plan. 2. The subject site is part of an area being considered within the Housing Plan as R-5 (5,000 square foot lots) . 3. The subject site has recently been annexed into the City and therefore, there exists a need to zone this property to conform with the Comprehensive Plan. 4. The proposed development will further impact Scholls Ferry Road and 135th; both of which are presently substandard in right-of-way width, paving or overcapacitated in ADT. • 5. The Beaverton School District jurisdiction to serve this development has a potentially overimpacted condition that needs attention. 6. The applicant is proposing to construct 64 single family units in the R-7 portion and 134 apartment units in the Phase VI project located around the pond. 7. A description of the site area is explained on page 4 of the applicant's attached narrative. 8. Sewer and water services as well as other utilities are explained on page 17 of the applicant's narrative. II. Conclusionary Findings: 1. On November 21, 1978 the Planning Commission approved the motion to refer the Housing Plan Implementation to the various seven (7) NPO's for further input. The NPO's conclusions will have an affect on this subject site as to: 1) number of units per acre. 2) type of units. 3) phasing of construction. C STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Page 2 2. Tabling the application until the Housing Plan implementation is completed is in keeping with the City's responsibility to zone the subject property according to its particular characteristics and the overall housing needs . of the community. 3. The present impact and overcapacity of the schools and roads (Scholls Ferry/135th) are further reasons to table the project until identified s alternatives can be studied to phase this and other projects in the area r so that these problems are minimized, j. 4. The NPO #7 Plan has not yet been adopted and therefore, it is not certain to what extent and density apartment units in this area are `! desirable. III. Staff Recommendations: P Staff recommends tabling of this project for the following reasons: I. If the requested preliminary plan and program is approved subject to conditions to resolve the Housing Plan Implementation and problems with school and street overcapacity the City will have entered into a preliminary committment where complete understanding of these issues and their resolution are not clear. 2. Tabling the project will allow the City staff., NPO's and the Planning Commission the opportunity to objectively develop means of growth management phasing, Housing Plan Implementation and public service improvements as they effect this site, so that it is not irrevocably committed to a particular type of development prematurely. at yi STAFF REPORT j! AGENDA 5.5 TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 31-78 Request: For a conditional use permit to construct and operate a marine sales and service center in a C-3M "Main Street Commercial" zone on a 3.25 acre parcel. Location: 9110 S.W. Burnham Road (Wash. Co. Tax Map 2S1 2AC, Tax Lot 200) . Applicant: Page Stevens I. Findings of Fact: 1. The site is designated "Commercial Retail" on the NPO #1 Plan and is presently zoned C-3M "Main Street Commercial." 2. The applicant proposes to operate a retail sales of boats, trailers, motors and related items as well as repair and service of boats, motor and trailers. Repair services will be included using such skills as heli arc welding and engine mechanic. 3. The proposed conditional use is not permitted in Section 18.30.020 of the Tigard Municipal Code for C-3M zoning land use designations. In Section 18.28.020 of the Tigard Municipal Code for C-31zoning, automobile, boat and trailer sales as well as repairs', painting and upholstering is a conditional use permit. The C-3M conditional use section is identical to the C-3 section with the exception of the exclusion of the word boat from the conditional uses permitted. 4. The Tigard Municipal Code, Section 18.72.020 states: A request for a conditional use or modification of an existing,o$nditional use may be initiated by the property owner or his authorize agent by filing an application with the City Recorder. The applicifi f shall. submit a site plan, drawn to scale, showing the dimensions and atrrangement of the proposed development. (Ord. 71-4 §6 (Part) , 1971: .Ord. 76.='32' @230-2, 1970) . 5. The subject property is vacant with grassy scrub brush vegetatidri and an approximate 4-5% slope from north to south down to the Fanno Creek and Greenway area. The land uses surrounding the site are commercial, industrial uses to the north across Burnham, vacant open space 4nd residential units to the south across the Greenway. To the ea§, is an elderly residential unit and the Tigard Times Newspaper building. To the west is a single family residence and the GTE building. The flood plain contour has been re-established by permission of a flood plain fill permit. The present flood plain contour is 144 foot elevation. The previous elevation was approximately 150 feet. 6. The present buildable area is 2.79 acres. The proposed development is totally above the flood plain area. . STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Page 2 7. The Unified Sewer Agency service is available through an easement on the property. Water service is also available on Burnham. 8. The project will utilize Burnham Road which is designated to be a 60 foot right-of-way road. It is presently 40 feet. II. Conclusionary Findings: 1. The request conforms with the Comprehensive Plan designation for "Retail Commercial" use, however, the existing zoning is C-3M. 2. The request is not a permissable conditional use in the zoning designation Section 18.30.020 of the Tigard Municipal Code. III. Staff Recommendations: 1. Staff feels that this requested type of use has merit as a commercial use, however, the Tigard Municipal Code clearly excludes the boat sales and repair service from the main street commercial area. Therefore, the staff recommends tabling this conditional use request until the applicant can receive a zone change from C-3M to C-3 to be in conformance with the Comprehensive Plan and not sacrifice the conditional use application fee. 1 STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION ' December 5, 1978 - 7:30 P.M. ir Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 32-78 Request: To construct a duplex unit in a R-10 "Single Family Residential" zone on a .57 acre parcel. Location: 13800 S.W. 110th (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1300) . Applicant: Ted Vonada I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" on the NPO #3 Plan and zoned R-7 "Single Family Residential." 2. Section 18.20.020(1) of the Tigard Municipal Code permits "Duplex Residential, with a minimum lot of 10,000 square feet: one duplex per lot or two single family attached units with a minimum lot area of 5,000 square feet per unit." In the event it appears that it is not practical to divide a legal lot into two lots of 5,000 square feet each, the planning director may approve the division notwithstanding the fact that one lot is less than 5,000 square feet, provided, however, that no such lot shall be smaller than 4,250 square feet. .. ! 3. The applicable policy from the Tigard Housing text is the following: } Policy 15: Provide greater diversity of housing density (e.g. , duplexes, four-plex, attached single family units, etc.) . 4. The site slopes from the southeast corner dropping approximately three per cent diagonally to the northwest corner. One residential unit is existing on the east side of the lot. The remaining vacant area has grassy, scrub vegetation. The surrounding property uses are a public service building and residential units to the west across S.W. 110th, vacant property to the east, north, southeast, and a single family unit to the south connecting S.W. 110th and Gaarde Street. 5. The applicant is proposing to construct a duplex unit on the western portion of the site with remodeling the existing dwelling into a duplex and minor land partitioning the tax lot into two separate tax lots. 6. Southwest 110th is designated as a local street requiring 50 feet of right-of-way. The existing right-of-way is 15 feet. 7. Unified Sewer Agency sewer service and Tigard Water facility is available off Gaarde approximately 200 feet from the site which the applicant will finance to be installed. } II. Conclusionary Findings: 1. The southern and eastern vacant properties are under construction for the development of duplex units. The owner of the northern property from the subject site has expressed interest in constructing higher residential r' density units also: ) dommilmmmomm STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. Page 2 2. Southwest 110th is in substandard condition having inadequate paving width, no curb, gutter or sidewalks. 3. This request conforms to the density limitations of the R-7 zone (Single Family Residential) and Urban Low Density Residential designation of the NPO #3 Plan 4. There is an identified public need to provide a diversity of housing types within the community, according to policies set out in the Housing Plan. III. Staff Recommendation: Staff recommends approval subject to the following conditions: 1. That the applicant dedicate 17.5 feet of right-of-way along the frontage of the subject site and S.W. 110th. Construct half street improvements to City Standards prior to issuance of building permits. • 2. That the required construction and drainage plans be submitted and approved with the necessary bond agreements to the Engineer and Building Departments for approval prior to issuance of permits. kr- ::. 3. That the ingress/egress on the S.W. 110th be separate for the eastern and western located duplexes. 4'. i-. LI tvl MINUTES TIGARD PLANNING COMMISSION r'I December 5, 1978 - 7:30 P.M. Fowler Junior High School - Lecture Room 1. 10865 S.W. Walnut Street - Tigard, Oregon Amendments to Minutes of December 5, 1978 as follows: j' fi •Page 3, E. Commission Discussion & Action: t o Funk thought part of the greenway could be reclaimed. Was h for denial of the request. v. Page 5, 5. 3 Zone Change ZC 18-78 & ZC 13-78 (Grimstad & Waymire) Item E. Commission Discussion & Action: o Smith moved for approval with the following: 1. That construction and drainage agreements of bonding construction as required. Page 6, E. Commission Discussion & Action: o Smith 9. That a paved bike and an access path to Riverwood Lane. , Page 7, E. Commission Discussion & Action: o Brian (` . Helmer seconded. Passed unanimously. Page 7, 5.5 & 5.6 - should read as follows: Selby asked for a motion? Selby asked that CU 36-78 on February 6, 1979. Tepedino moved.. Wood seconded the motion. Motion passed unanimously. Page 8, Old Business: Selby introduced Mr. Bonn for commissioner Brian. T. r t.