Planning Commission Packet - 01/16/1979 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PLEASE NOTE: The original paper record has been archived and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
T'IGARD PLANNING CUMMISSION
�k-�:> January 16� 1979 - 7s30 P.M.
�,;;, Fo�wler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
1. Open Meeting (7:30 P.M.):
2. Ro11 Ca11:
3. Apgroval of Minutes from Previous Meeting(s);
4. Planning Commission Communication:
5. Public fiearings (8:00 P.M.)
A. Staff Report
B. Applicant's Presentation
Ce Public Testimony
a. Proponent's
b. npponent's
c. Cross-examination.
D. Staff Recomenati.ons
E. Commission Discussion & Action
5.1 ZONE CI-IANGE ZC 27-78 (Jozsef Sandor) NPO ��2
A request by Jozsef Sandor fox a zone map amen.dment from Wash. Co. RU-4 to
�� City o£ Tigard R-7 "Sixigle Family Residential" zone on a 1.03 acre parcel at
���. 9135 S.W. North Dakota Street (Wash. Co. Tax Map 1S1 35AC, Tax Lots 200 & 201).
5.2 ZONE CHANGE ZC 28-78 (Ames Orchard ��2) NPO ��7
A. request by Hazeltree Development Inc, for a zone map amendment from Wash. Co.
R[7�30 to City of Tigard R-30 "Single Family Residential°` zone on a 3.2.5 acre
parcel at 12235 S.W. Sull I�t. Road (Wash. Co. Tax Map 2S1 lOBB, Tax Lot 600).
5.3 ZUNE CHANGE ZC 29 -78 (Burnham Creek Planned Development) NPO �i�1
A request by Phi1 Benson for a preliminary plan and program review of a
residential planned development on a 5.4, acre parcel yn an A-2 "Multi-family
ResidentialP1 zone located adjacent to Fanno Creek at the end of Ash Avenue
(Tnlash. Co. Tax Map 2S1 2AC, Tax Lot 2300).
i
5.4 MISC�LLANEOUS M 1-78 (Burnham Creek Planned Development) NPO �kl ;
A request by Phi1 Benson for a flood plain fi11 permit 1oca�ked in an A-2 i
"Multi-£amily Residential" zone adjacent Fanno Creek at end of Ash Avenue i
(Wash. Co. Tax Map 2S1 2AC, Tax Lot 2300). �
I 5,5 COMPREHENSIVE PLAN REVISION CPR 1-79 (Page N. Steven) NPO �kl �
I
,
A request by Page N. Steven to amend the Tigaxd Community (Comprehensive) Plan �
as it is applied ta a 3.25 acxe parcel located north o£ 9110 S.W. Burnham Raad �
(Wash. Co. Ta� Map 2S1 2AC� Tax Lot 200 ��2)� to change it from exclusion of ;
� "boat" de3lexships to permit such use a.n the C-3M "Main Street Commercial" zo�e. ;
i
I
,,
i
� �
;
_ —_- i
�
AGENDA - Page 2
TIGARD PLANNING COMMISSION
January 16� 1979 - 7:30 P.M.
��
5.6 CONDITIONAL USE CU 31:78 (Page N. Steven) NPO �kl
A request by Page N. Steven for a conditional uae 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, north of 9110 S.W. Burnham Road {Wash. Co. Tax Map 2S1 2AC� Tax
' Lot 200 �k2).
5'.7 CONUITIONAL USE CU 35-78 (Stephen Spiegel) NYO ��7
A request by Stephen Spiegel for a conditional use permit to construct two (2)
single t'amily attached units in an R-7 "Single Family Residential" zone on a
North Dakota Street Wash, Co. Tax
0.465 acre arcel at corne� of
S W 106th & �
P ° '
Map XS1 34DA, Tax Lots 300 & 40�).
6. Old Business:
7. New Business=
8. O�her BuSirless=
9. Ad j aurxunent�
�
�
,
I
�I
j.
,
s
i
r
I
�
,,
� __ � --
MINUT,E.S
# �'Z:GA,R,D PI,ANNI'I�T� COM�I;ISSION
January 16, 1979 - 7:30 P.M.
'A� Fowler Junior High School - Lecture RoAm
y` 10865 S.W. Walnut Street - Tigard, Oregon
1. Open Meeting:
Commissioner Smith opened the meeting at 7:40 P.M. in the absence of President
Tepedino and Vice President Wood, and served as President pro tem throughout
the meeting.
2. Ro11 Call:
Present: Helmer, Kolleas, Seeber, Smith, Speaker
Bonn arrived about 9:00 P.M.
Absent: Tepedino, Wood & Funk
Staff.: Howard & Selby
3. Approval of. Minutes frpm Previous Meeting(s) :
There were no minutes of previous meetings submitted for ap�rc�val.
4. Planninq Commission Communication:
The President pro tem (hereafter referred to as �he President) explai.ned ta the
audience the procedure followed in the public hearin�s. He called attention to
tlae len�th of the agenda and requested those testifying to be concise and not
repeat what has been brought out by other speakers.
�.
5. Yublic Iiearings:
5.1 ZonP C:hange ZC 27-78 (Jozsef 5andor) NPO #2
A request by Jo�se£ Sandor for a zone map amenc3mment from Wash. Co. RU-4
to City of Tigara R-7 '°Single Family Residential" zone ori a 1.03 acre
garcel at 9135 S.W. North Dakota utreet (4�]ash. Co. Tax P4an 1S1 35AC,
Tax Lots 200 & 201) .
A. 5taff Report:
Selby read the staff report
B. Applicant's PresPntation;
The applicant's presentation wa� made by Jozsef Sandor, 9135 S,W. North
Dakota S�reet,
C. Public Testimony:
No public testimony was given on this itemo
D, Staff Recommendations:
� Staff r�commended approval subject to conditions presented orally
�
� as faZlows:
i
i
. , ._.... _._�_.._.
�- _ _
,
C
MTNLJTE,.
' TIGARD PLANNING COD'IMI55ION
� January 16, 1979 - 7:30 P.M.
Yage 2
1. That five feet of right-of-wa�� along subject property fronting
S.W. North Dakota be dedica�ed to the City.
2� 'Phat applicant submit an agreement not to remonstrate against the
formation of a loeal improvement district for street improvements '
to S.W. 1Vorth Dakota Street to local street standards, and that �
this be filed with the City Recorder. ,
i
3. That the developer submit construction and site drainage plans to 4
be approved by the City Engineer and Building Departments and �
necessary bonds prior to issuance of permits. ;
Y
4. 7.'hat significant vegetation be reserved. �
�
�
E. Commission Discussion & Action:
i
�� The question was raised by Speaker why the change from half street
improvements is being raquired. '
o Sta�� explained a nonremonstrance was called for in a similar action �
in a hearing the week befare, and explained reasons for not requiring
the half street im.pravements in an area where a 1oca1. improvement
district was likel , U on bein asked if this was to be olic in
Y P g P Y
such situatians in the future, staff replied it was th�ir pr�ference. �'
�� �1
o Th�re was no further testimony nor comments from the �ommission. �;
i
0 5peaker moved that based on staff findings, the requ�st for zone
change ZC 27-78 be appraved, subject to the fbur conditions as ?'
�
presented orally by staff.
o The motion was seconded by Helmer and passed unanimnusly. "!'
i'
,;
At this paint Mr. Wilbur Schewmaker, 11270 5.W. 92nd Avenue, was recogzzized. ';
�
He called attention to the f.act the agenda called for public hearings to
begin at 8:00 p.m. ; that it was about that time then; that he came on beha2f '`
of Agenda 5.1. The President explained the desirability af proceeding as
rapidly as poss9.k�1e with the agenda, notwithstanding the usual printed 'a
statement that public hearings commenoe at 8;00 P.M. Mr. Shewmaker stated
he was interested in what actic�n had been taken and was told, whereupon he
appeared satisfied arid left. ?
5.2 Zone Change ZC 28-78 (Ames Orchard #2) NPO #7
A request by Hazeltree Development Inc. for a zone map amendment from Wash. 4
Co. RU-30 to City of Tigard It-30 "Single Family Residential" zone on a 12.5 ?'
acre parael at 12235 S.W. Bul1 Mt. Road (Wash. Co. �'ax Map 2S1 10BB, Tax ?`
Lot 600) . }.
�
� A. S�aff Report: �'
Selby pointec� out �the location ot the ,px'o.perty on a wall ma�p, and explaihed �
plans for an extension of S,W. 135�h Aver►ue as a main road and its f
locatiori through �hi5 proper�y. He o��ered to show some slides o� the 4
proQerty, but �here appeared to be no speaial. audienCe intexest, in this E
i�em and the Commissioz�ezs exp;ressed ��miliari�y with the property, so they s
wez�e not shown.
_. , _
MINUTES
' TIGARD PLANNING COMMT55ION
January 16, 1979 - 7:30 Y.M.
�' ' Page 3
A. Staff Report continued:
Selby read the staff repart.
B. Applicant's Presenta�tion:
The applicant's presentation was made by Bob Cruz, representative
of David Evans & Associates, Inc. , 200 S.W. Market Street, Po.rtland,
architects for the applicant.
C. Public Testimony:
There was no public testimony either for or against the project.
D. Staff Recommendations:
Staff recommendati.ons w�re read by Selby.
E. Commission Di.scussion & Ar.tion:
o After brief discussion among the Commission and Sta£f as to the
propriety of the staff recommendations o� the zone change requested,
Speaker moved that based on staff findings the z�ne change 7G 28-78 be
�° approved subject to staff conditions 2-7, with t;�e ti�ord "other" deleted
� from printed condition #2.
o The motion was seconded by Seeber and unanimously carried,
5.3 Zone Change ZC 29-78 (Bumham Creek PZanned Development) NPO #1
A request by Phil Benson for a preliminary plan and program review of a
residential planned development on a 5.4 acre parcel in an A-2 '°Multi-
�amily 12esidential" zone located adjacent to Fanno Creek at the end of
Ash Avenue (Wash. Co. 'Pax Map 2S1 2AC, Tax Lot 2300) .
A. Staff Report:
Se1by pointed out the area and surrounding land usage involved in this
request on the wall map. Fie read the staff report, including
recommendations. Ae also read into the record a letter from Pau1 E.
Johnson calling attention ta provi�ions of NPO #1 and the problems
of access into the area; and a letter from Craig O. West, Attor_ney,
Tualatin Plaz� Building, Tualatin, concerning street problems, zoning
and fill in the Greenway.
Selby showed slides of the property taken from various locations in
and near it.
B. Applicant's Presentation:
� The applicant's presentation was made by David Brands of �he firm,
Wilsey & Ham, 222 S.w, Harxi��c�r� ��r�et, Portland, p�.a�r�exs and a�chite�ts
�or the appl.i,caz�t. Emphasized wes the individually-owr�ed, en�rgy-
e£�'icien�t townhause units, Characterized by the applican:t, Phil Benson,
as luxury type un.its in the $80-�.10,Op0 pz�ic� range.
., v _,..�
_
_ _ _ _ j
, 4
)'.'
o �'
. i`':
t,�
MINUTE S �'
• TIG�RD PLANNING COMMISSION `
� January 16, 1979 - 7:30 P.M. �:
� Page 4 4.
;,
C. Public Testimony: � �'
f.
a. Opponent's (>
t;,
,:
Mrs. R�obert Moore, 13205 S.W. Village Glen, asked who is responsible `
for the condition of Frewing Street, characterizing it as "a walicing ``
disaster." (S�aff was unable to state whether the street is owned
by the City or the County.)
Phil Eden, a member of NPO #1, was concerned over the density and
services, believing no further development should take place until
there were streets adequate for both the devel�pment and the present
neighborhood. He felt Ash Avenue was inadequate to handle the
increased traffic generated by such a development. He spoke on the
issue of duplexes vs. 4-plexes and 6-plexes, stating he persanally
had no feeling against the larger units.
Pauline Johnson;expressed concern over Frewinc� Street traffic and the
probability that the proposed development with the cut and fill `
contemplated in the greenway would destroy the wildlife and vegeta�ion
now present.
Paul Johnson, reiterated the provision in the NPO #1 Plan on duplexes
in this area-°and only duplex.es; and the encroachment of the flood '.'
� plain. �{
�
Edward Klinkenberg, 13240 S.W. Village Glen, expressed concern 'on
traffic.
Steve Faustie, 13255 S.W. Ash Avenue, who characterized himself {:
as an acoustic expert, stated accepted noise levels for City streets �;
are now exceeded by present traff_ic on the surrounding streets. C''
Anita Eden, whose daughter has asthma, expressed concern that i
construction in the area would aggravate her dauqhter's health �
�`
problem. !'
' Rebuttal: . '
i',
i y
f
In rebuttal David Brands acknowledged �the concern over the traffic }
� problem, but stated the conviction the ultima�te solution lay j
elsewhere than solely with a developer to solve this present neigh- !
borhood problem. He deferred comment on the greenway concerns to the
next agenda item. �
i
Several of the previous speakers discussed the impact of an extension �
of Ash .Avenue across Fanno Creek, and in general felt that would not �
be a solution because it would bring greater traffic flow with it. '
The public testimony was thereupon closed.
�
M�NL7TE S
' TTGARD PLANNING COMMISSION
��-. January 16, 1979 - 7:30 P.M.
�� Page 5
E. Commission Discussion & Action:
o Smith recognized the traffic problem, but felt it was not insur-
mountable. He iavored larger units, but was willing to abide by the
NPO's limitation to cluplexes.
o Some discussion wa� had of the possibila.ty of a street through a
commercial development being considered on property to the west. It
was felt this might relieve the situation somewhat.
o Speak�r stated that when the NPO specified duplexes five years ago,
the townhouse concept was i.n its infancy in this area, and wondered
whether if the NPO were to cons� ' �L multiple housing today, they
would again specify only duplexes in preferencs to larger common-wall
units for this area.
o After some additional discussion Smith moved for denial of the zone
change.
o The motion was seconded by Kolleas and unanimousl.y aarri.ed.
5.4 Miscellaneous M 1-78 (Burnham Creek Planned Development)
' President Smith felt Ttem 5.4 by the same applicant might be made moot
� �,_, by reason of the denial of Item 5.3
The applicant, however, asked to be heard in order to get guidance of the
thinking af the audience and the Commission on the admit�edly sensiti�e
issue of the greenway encroachment.
� The President thereupon agreed to hear Item 5.4 and declared a five minute
recess.
5.7 Conditi.onal Use CU 35-78 (Stephen Spiegel)
After reconvening the meeting at 10:45 P.M. , consideration was given to
just how much could be expeditiously handled in i:he meeting.
After some discussion, Bonn moved that Item 5.7 be considered at the
meeting next week, January 23, 1979, since a poll of the house indicated
no one present wished to give public testimony on it.
The motion was seconded by Kolleas and aarried unanimously.
5.� Miscellaneous M 1-78 (Burnham Creek Planned Development) NPO #1
A request by Phil Benson for a flood plain fill permit located ir� an A-2
"Multifamily Residential" zone adjacent Fanno Creek at end of Ash Avenue
{Wash. Co. Tax Map 2S1 2AC, Tax I,ot 2300) .
�
. �l
}i
MTNLITES i�
' TIGARD PLANNING COMMISSION
I
January I6, 197� -- 7:30 P.M. ��
�', Page 6
�
5.4 Continued: �'
ti
A. Staff Report: ��''
�I�
'I'he staff report was read by Selby. �I
i�
B. Ap;�licant's Presentation: �•
2'he applicant's presentation was given by David Brarids, who explained {
B
in general �he cut-and°fill oparat.ion proposed. (Specific engineering �
calculations and resultant contours in the greenway have yet to �e �
worked out.)
t
C. Public Testimony: �
a. Proponent's �
None �
i
s
�
b. Opponent's �
. �
Some of the same opponents to Item 5.3 expressed concerns about the �
effect on not only the alteration of the flc�od way capaci.ty, but the �
� wildlife habitat,
To the latter concern Mr. Phil Benson, the applicant and a lonq-time
employee of the Oregon Wildlife Commission, replied emphatically the
habitat for wildlife would be definitely improved by the greenway
work proposed.
D. Staff Reeommendations: ' �
Were read inta the minutes �'
�
E. Commission Discussion & Actian:
�
t.
o In Commission discussion, Speaker asked whether buildings were to E
be built on fill?
o The answer was yes. �
o After further discussi.on it appeared the Commission was opposed to �
the concept as presented.
o The applicant expressed a desire to modify his request in the light of
concerns expressed at this meeting, and after considering the data yet
to come from the Corps of Engineers study now in progress. �
r
o Thereupon Speaker moved Ztem 5.4 be tabled.
� o The motion was seconded by �onn and passed unanimously. �
• MINUTES
TIG�IRD PLANNING COMMISSION
�a January 16, 1979 - 7:30 P.M.
.. Page 7
5.5 Camprehensive Plan Revision CPR 1-79 (Page N. Stevens) 1VP0 #1
A request by Page Ne 5teven to amend the Tigard Communi-�y (Comprehensive)
Plan as it is applied ta a 3.25 aar.e parcel located north of 9110 S.W.
Burnham Road (Wash. Co. Tax Map 2S1 2AC, Tax Lot 200 #2) , to change it
from exclusion of "boat" dealerships to permit such use in the C-3M "Main
Street Commercial" zone.
A. Staff Report:
Staff Report was read by Selby.
B. Applicant's Presen�at�.on:
A very brief presentation was made by Page Ne Stevens, the applicant.
C. Public Testimony:
There was no public testimoray offered.
D. 5taff Recommendations:
��, Read into minutes.
E. Commission Discussion & Action:
o �here was discussion about the propriety of allowing a boat repair
facility in an area for which the NPO #1 Plan had specifically
excluded such enterprises.
� o The staff amplified conclusionary finding #1 where this was discussed.
o It was the sense of the Commission that a very reasonable effort had
been made by Staff to get proper authorization from the NPO, and the
proposed davelopment and landscaping appeared to be an excellent use
of the site. Therefore, notwithstazzding the exclusion of this
particular use from the NPO Plan the Commission felt approving the
applicant's requests would not he out of order at �his time.
o After addi_tional discussion it was moved by Seeber that based on staff
staff findings and recommendations the request by Page N. Stevens for
amendment of the Tigard Community Plan be approved.
o Kolleas seconded.
o The motion carried unanim�usly, with Helmex abstaining.
5.6 Conditional Use CU 31-78 (Page N. Steven) NPO #1
� A request by Page N. Steven for a conditional use pextnit to construct and
operate a marine sales an.d sexvace center in a. G-3�! "Main Stxeet
Commercial" zone on a 3.25 acre parcel, north of 9110 S.W. Burnham Road
(Wash. Co. Tax Map 2S1 2AC, Tax Lot 200 #2) .
Yw _ ,
MINUTES
. TIGARD PLANNING COMMISSION
January 16, 1979 - 7:30 P'.M.
A. Page 8
A. Staff Report:
Staf.f r.eport was read by Selby.
B. Applicant's Presentation:
Page Stevens agreed with the staff recommendations.
C. Public Testimony:
There was no public testimony pro or con offered.
I7. S'taff Recammendationsz
Raad into the minutes:
E. Commission Discussion & Actian:
o There was question on the Commission as tn �he actual level of the
100-year f'lood plain--was it aG 144 fee�t or 148 feet, the level
indicated in the previous presentation.
o Jack Thomas of 7'homas Constxucting Engineers, Inc. , 10211 S.W. Barbur
Blvd., Portland, explained the nature of the fi11 which raises the
� elevation of the entire property to the 148-faot contour.
o The Commission felt engineering tests to be in order, even though the
building propased would be of relatively light-weight construction and
not on the fill pxoper.
o Smith moved that based on staff findings and recommendations, approval
be given to the request for conditional use permit, subject to the
four conditions listed in staff recommendations, plus a £ifth condition:
5. Requiring the �pplicant to secure soil compaction tes:ts
through an independent engineering firm, the tests subject
to approval of the City Engineer prior to the issuing of
building permits.
o Kolleas seconded.
o The motion carried unanimously wi�h Helmer abstaining. I
6. Old Busiz�ess:
None
7. New Business:
� Norze
8. Other Business:
None
9. Ac3�ourntnen't:
There being no other business to come before the Cammission, ar� tnot�,on meeting
adjou.rned at 11c53 P.M.
_ .
� _ • PUBLIC NOTICE _ _
TTGAr2D PLAN�iYNG CO�L�IISSTON
.7�nu�ry 16, 1.979 - 7:30 P.M. ,
F`awl�r Juniar High Scho�l - Lecture Room
�.0865 S.W. Walnut Street - Tig2rd, Orec�vn '
5. PUBLIC H�ARINGS '.
�'e 5. ZON� CHANCE .ZC 27-78 (J'o�sef Sandor) Np� #2
�
A request by Jozsef Sanclor for a zone map amendmEnt fram Wash, Co. RU-4 ,
to City of Tigard R-7 "Single Family Residentia]." z�ne on a 1.03 acre parce7.
at 9135 S.W. North Da�COt� StreEt iWash. Co. Tax Map 1S1. 35AC, Ta� Lots 200 &
201) . I
5.,�� ZO[JE CHANGE ZC 28-'78 (P�me� Oxchard #2) NPO #7 II
A request by Hazeltree Developmen� Inc. for a zane map amencl�ment from Wash. '
Co. RU-30 to City o£ Tiga.rd R-30 "Single Family Residen�ial" zone on a 12.5 `
acre parcel at 12235 S.W. Hull, M�. Road (Wash. Co. Tax Map 2S1 lOBB; Tax L.Qt
' fi00) .
5.3 ZONE CHANG� ZC 29-78 (Burnham Cresk Planned Developmen�) NPO t�l
�� •
A request by Phil Benson for a preliminary plan and pragram review of
a residential, planned development on a 5.4 acre parcel in an A--2 "biulti-
family Residential" zone located adjacent Fanno Creek at the end of Ash .
Avenue (Wash. Ca. Tax Map 2S1 2FiC, Tax Lot 2300} .
` 5.4 MISCELLANEQUS M 1-78 (Burnham Creek Pl.anned DevE].opmen�) I�SPO #1
A request by Phil Ber_son for a flood p'lain fill pexmit lacated in an A-2
a � "biultifamily Residential" zc�ne adjacPnt Fanno Creek at end of �lsh AvPnue
° (Wash. Co. Tax t9ap 2S1 2�1C, Tax Lot 2300) .
5. COhiPREHENSI'VE PLAN REVISZON CPR 1-79 (Page I3. St�ven) NPO �#I
� A reques� by Page N. Steven to amend the Ti.yard Communifiy (Comprehensive)
i Plan as i.t is applied ta a �3.25 acre �arcel located north a£ 9110 S.W.
Burnham Road {Wash. Co. Z'ax Map 2S1. 2AC, Tax Lot 200 #2) , ta change it �rom
exclusion of "boat" dealerships to permit sur,h use i.n the C--3I�� "Main Street
Commercial" zone.
S.Fi COhDITIONAL USE CU 31-78 (Page N. Steven) NPQ '#�1
f
A request by Page N. Steven fa� a eonditional use pet�nat to construct and �
op�rate a marine sales anc� serv'ice centez� in a C-3M "Main Street Commercial" .
zone on a 3.25 acre pa.rael, noz�h of 9110 S.W. Burnham Road (Wash. Co. 2'�,x
Map 2S1 2AC, Tax Lot 200 #2) . . �
5.��1 CONDITIONAL USE CU 35-78 (Stephen Spiegel) NPQ #7
A request by Stephen Spi�gel for a condit,ional use permit to construct two
(2) single tama.ly attached units in an R-7 "Single Fami].y Residential�' zone
on a 0.465 acre parcel at corner of S.W. 1�J6th & Nortti Dakota St.reet (Wash,
Co. Tax Map 1S1 34DA, Tax Lots 30U F 400} .
Note: This hearing may be continued to a d�te set specific by the Planning Commi,ssian.
;�
Publish TT 1-6-79 & 1-10-79
� • ., . _.,__
STAFF RE:PORT
AGENDA 5.1
TIGARD PLANNING COMMISSION
January 16, 1979 - 7:30 P.M.
Fowler Junior High 5chool - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 27-78
(Reference MLP 19 78)
Applicant: Jozsef Sandor
Owner: Same
Location: 9135 S.W. North Dakota Street (Wash, Co. Tax Map 1S1 35AC,
Tax Lots 200 & 201) .
Requests For a zone map amendment from Wash. Co. RU-4 to City of Tigard R-7
"Single Family Resi,dential° zone on a 1'.03 acre parcel.
I. Findings of Fact:
l. The subject site is presentl,y zone� Washington County RU-4 (RU-4 is
egual to Gity of 'Pigard P.•-7 "Single Family Residential", 7,500 square
toot lots. ) '
2. The proposed zoning is in conformance with the NP� #2 Plan designation,
"Urban Low Density" (one single family uni�t p�r 7,500 square feet) .
3. The ap�licant has applied for a minor land partition. The application
's will be processed by the Planning Director in accordance with Chapter
Z7.24 of the Tigard 1LIltuzici�al Code prnceeding zone change approval.
�
4. The site elevatian decends from tY�e southern property line fronting S.W.
North Dakota narth approximately six percent. There is an existing
ranch style single family unit with a daylight basement and two vacant
storage sheds. The site has some significant evergreen trees and shrub
brush vegetation.
5. 'Phe surrounding land uses are single family homes to the east and west.
South, across S.W. North Dakota Street is a vacant parc�l and sin�le
family homes soL�theast and w�st. To the norfih is a vacant parcel he�vily
vegetated (owned by the Statel and Highway 217.
6. Sanitation services are available off S.W. North Dakota by the CJnified
Sewerage Agency.
7. Water from the Me�tzger Water nistrict is available frc�m the existing
line on 5.W. North Dakota Street.
8. Public access from the site will be onto S.W. North Dakota. This
street is presentl.y under county jurisdiction.
9. Southwest North Dakoi�a Street �.s designated as a coll,ector street in
NPO #2 Pl.an, having 60 fe�t at ri.ght-of-way, 44 f�et of ��aving with
cuxbs and sa.dewalks. (Page 31 and 32 0£ th� NPO #2 Plan} , The purgose
�""° oE a co].lector street in NPO #2 P1an is as follows:
� STAFF REPORT
'� AGENDA 5.1
TIGT�RD PLANNING COMMISSION
�c; January 16, 1979
. page 2
"To collect and distribu�e traffic between arterial and 1oca1 streets
�r direc•tly to traffic destinations. A secondarp purpose is to provide '
access to abutting properties."
II. Canclusionary Finding�:
l. Southwest North Dakota Street is presently sixbstandard with insufficient
pixblic right-of-way, no curbs or sidewalks. Five additional feet is
necessary along the site frontage;
2. There exists a need to zone parcels in the City Limits of Tigard to
aomply with the Comprehensive Plan.
III. Staff. Recommendations;
Staff recommends approval subject to the following conditions: '
1. That five feet of r.ight-of-way along subjert property fr.onting S.W:
North Dakota be dedicated to the C�,•ty with half street improvements
prior to final building inspection approval.
2. That the d�veloper submit construction and site el'rainage plans to'be
approved,.by ;the City Engineer.and Building D�partments and neceSsary
� bonds prior to issuance of �ermits.
�..
3. That significant vegetation be reserved.
Report irepared by: Ken Selby
Associate City Planner
January 1,?., 1979
�
��
,
i. ?STAFF REPORT
4� AGENDA 5.2
TIGARD PLANNING COMMISSION
� January 16, 1979 - 7:30 P.M.
�,�
i Fowler Junior High School - L�cture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 28-78 (Ames Orchard #2)
Applicant: Hazeltree Development, Inc.
Owner: Elsie Ames
Location: 12235 S.W. Bull Mountain Road, north slope of Bull Mountain, south of S.W.
Gaarde Street at 121st (Wash. Co. Tax Map 2.51 lOBB, Tax Lot 600) .
Request; For a zone map amendment from Wash. Co. R-30 to City of Tigard "Suburban
Low Density" (three dwel.ling units per gross acre) on a 12.5 acre parcel.
I. Findings of Fact:
1. The site is designated "Suburban Low Density" on the NPO #3 Plan.
ApplicabZ� policies from the plan are as follows:
Pol.icy 4. (page 13) : Protect the existing subrYaban character of this
portion, of the Neighborhood from encroachment by higher density
developments. The maximum overall density of development will be
3 dwelling units or_ 9 persons per gross acre. A higher density of ,
4 units or 12 persons per gross acre is a possibility within an
"t'V approved planned unit development.
Pol.ic,y 5. (page 14) : R�sidential subdivisions will he developed with
paved streets, curbs and gutters, street lights and walkways,
acoording to City ot county si:andards. Al1 utilities will be placed
und�rground.
Policy 6. (page 14) : Development will coincide with the provision of
public streets, water and sewage facilities. These facil9_ties shall
be (a) capable o£ adequately servzng development and (b) designed
to meet City or county standards.
2. The applicant intends to subdivide and develop 14 lots, each lot having
not less than 30,000 square feEt (see attached Ames Orchard #2 narrative) .
In keeping with the number of units per acre in the NPO #3 Plan
(3 units per gross acre) and deducting 20� for public right-of-way
improvement; the site is capable of constructing 15.93 units� Therefore,
the applicant is 1.93 units below the maximum use.
3. 2'he site is vacant wii.h differential terrain el.evations ranging from 4-8
�percent slapes that decends southeast and northeast cxeating a natural �
drainageway adjacent to the subject site east. The surrounding land �
i
uses are single family (I.arge lots) to the south, north, east and +
agricultura]. open space areas with single family units to the west. The f
proposed development will be a continuation of the flazeltree Subdivision
� approved by the Ccunty adjacent to the south.
;
;
i
i"
�;
t,
i
� .
�,:.
.�.. ,
<
vs aSTAFF RE'PORT
� AGENUA 5.2
TIGARD PLANNING COMMISSIrJN
f �` January 16, 1979
�, Page 2
4. Sanitary sewer would have to be extended from an existing ten inch
line approximately 400 feet west in Gaar.de Street. The line in S.W.
Gaarde is of adequate capaeity t:o facilitate the proposed density.
Water service is available from the Tigard Water pistrict from either
a six inch 'line in S.W. Gaarde' of a 12 inch line in Pacific Highway,
both o£ which are adequate to serve the development.
5. The site will. be in the path and inter.sected by the proposc:d 135th
� alignment to be constructed as a collector street from the present
northwest 135th to �the southe�st connection of Bull Mountain Road.
Policy 24 (page 26) : That the co3lector streets within the Neighborhood
(Gaarde, 121st, and Walnut and excluding Bul1 Mountain Road and i
Beef Bend Road) be developed as two lane facilities with restricted j
parking. Tn the process of improv:ing these streets, every effort �
wilT be made to minimize the adversP impacts of str�et widening on i
adjacent houses. �
i
I:L. Conclusionary Findings: p
i
1, Tnis �one change request conforms to th� policies and intended land use 1
i ` development of the NPO #3 Plan. i
2. There is an identified public need t� provide a zoning designation '
I �'-'� to parcels in the Tigard City Limits.
,
3. The Community Transporta�ion Plan will benefit f•rom ttze development of
this parcel with the construction of a portion of 135th collector.
4. The proposed subdivision will contxibute to the comparable land use ;.'
;:
residence in �the area.
3;
;:
III. Staff Recommendations:
;:;
Staff recommends approval subject to the followinc� conditions:
l. That Hazelhill Drive street standards be contiguous with the existing
Haze1hi11 Road (this will rnc�uire a variance by the Planning Commission.) ��
2. Al1 other streets within the subdivisi�n are to be CitX of Tigard street ;
standards.
i'
3. That a letter from County of Washingtan be submitted veritying the �i
alignment of the future 135th extension through the Ames Orchard #2 �f
Subc�i�visian. ��
4. Street pl.u_qs must bP emplaced for all subdivision streets that are to '
align raith future streets. ;
�
��� 5. That ten feet of righ�--ot-way a].o�g the adjacen� l,ots to S.W. Gaa�;de '
Street be dediGa�ec� to the Ci.ty, arld that the applican� sign an agreement f
nat ta remans�trate agains� the a,mprovemen.� of 5.W, Caarde Street, �
i
�
i
!
j
_
�.
� -
a
'STAFF REPORT
� AGENDA 5.2
TIGARD PLANNING COMMISSION
January 16, 1979
Pa.ge 3
��,
6. That no lots shall trave access directly onto S.W. Gaarde Street of
135th.
7. That construction and drainage plans be aubmitted with ne�essary bonds
to the building and engineering departments prior to issuance of permits.
Report prepared by: Ken Selby
Associa�te City Planner
,7anuary 12, 1979
��
I
�
i
.
STAFF REPORT
� F,GENDA 5.3 i
TIGARD PLANNING COMMI:SSION '
January 16, 1979 - 7:30 P.M.
� Fowler Junior High School - Lecture Room �
10865 S.W. Walnut Street - Tigard, Oregon '
�
;
Docket: Zone Change ZC 29-78 i
(Ref. M 1-78 & ML�P 16-78)
i
Applicant: Phil Benson Company
Owner: S�me as applicant
Location: Adjacent southeast af Fanno Creek and north of S.W. Ash Street, terminus
surrounding the residence of 13075 S.W. Ash (Wash. Go. Tax Map 2S1 2Z�C,
Tax Lot 2300) .
Request; For a preliminary plan and program review of a residential planned develop-
ment on a 5.4 acre parcel in an A-2 "Multifamily Residential" zone.
2 . Findings of Fact:
1. The site is designated on the NPO #1 Plan as "Urban Meditun Density"
residential and zoned A-2.
2. Pages 18, 19, 20 and 21 of the NPO #1 plan describes the intended
construction requirements and use of mul.tifamily units with policies
,,. (please refer to your powntown Ash Avenue NPO #1 Plan) . ;�
`'�;i i
�,.
3. The subject site and the eastern adjacent property are designated I
specifically by the Plan to be developed as duplex units (see NPU #1 Map) .
4. Sections 18.56.020, 18.56.100 and 18.56.110 �f the Tigard Municipal Code
states the required pr�liminary rlevelopment plan and program inf�rmation ,
as we11 as open space and density restrictions (please refer to the
Tigard Munzcipal Code) .
Th� applicant has complied with the P1annEC1 Development District require-
ments in his preliminary plan and program.
i
5. The applicant proposes to develop five six-plexes, one four-plex and 1
faur duplexes for a total of 42 clwelling units, �
The A-2 zoning text permits 12 units to the acre. 12 x net site acreage
of 4.32 = 51.f34 units. Therefore, the applicant is below tYie maximum
by 9.84 units.
6. Water is available to the s�.�te from Ash Stre�t. Sanitary sewer service
is available from an 8 inch la.ne on S.W. Ash Street.
7. The site is bounded k�y s:ingle family h�mes on the west and open space
greenway to the east and nortl�, to the south and southeast are multifamily
homes and open space.
� 8. TI�e northeastern 1/3 of the propest�� is a gre?nway area as designated on
the NPO #1 P1an, and the 1.00 year �Zood plain trom Fanno Czt�ek.
�
STAFF REPORT
AG�NDA 5.3
TIGARD PLANNING COMMISSI�N
January 16, 1979 - 7:30 P.M.
� Page 2
9. Southw�st Ash Street is i,n substandard condition, gravel su�far.e,. no
curbs ar sidewalY.s.
;:i
10. Southwest Ash Street is designated as a local street with a right-of-way
width of 50 feet and a pavemeilt width of 34 feet in ths NP0 #1. The
cu�rent right-of-way width is 40 fee�.
11. Due ta the potential tra.ffic inpact caused by the surrounc�ing vacant land
when developed as residential, multifamily and commercial (;as with the
adjacent northwest 8,35 acre parcel) additional thoroughfares (see Sec�tion
18.56.030(2) of the Tigard Municipal Code) .may be rec�uired. �
12 . Page 9 of the Environmental Design anc3 Open Space Plan, Policy l states:
' i
Designate areas of physical limitation (poorly drained, seasonally flooded,
ground instak�ility) and incorporate these designations in the city zoning
ordinance and map, and develop graduated development restrzctions according
to the distinct characteristics of the constraints an� anticipated
limitations.
II. Conclusionary Findings:
l. �'he NPO #1 Plan is explic�t in its intent that �higher density type
� units be restricted in areas where access is limited from one-way approach
��. or off of lor.al streets. This sit� is within the limited capabili.ties
of the plan. Therefare, only duplex type units should be permitted.
2. A minor land partition by the f orm�r awner created the necessary five
feet of right-of-way along S.W. Ash for street improvements. Th� action
also required tllat the Greenway be dedirated to the City.
3. Due to the sensitive condition of the flood way area and wetlands
of th� subject site, soi7. compaction and compatibility for construction i
should be tested. and analyzed prior to construction permits.
4. The owner of the northwest adjacent parcel has applied for a site
design application in com�liance with constructing a permitted commercial I
use developmez�i.. The ov�ner has been required by the City to cont�ac�t
an ind'ependent traffic .consultan�t to study the fea�ibilitg of traff�,c
impact due to his development. One of the several concerns expressed
by staff for the traffic study is thE alleviation of traffi.�. cozig�stion
�y implementing a street from S.W. Ash northwest to subje�ct propertX.
It is estimated that the study in its preliminary form will be ready by
late Mairch.
III. Staff Recommendat:ions:
Staff recommends app�oval ot the preliminary plan and program with conditions
that must app�ar in the General Plan �.nd Program narrative and/or p1.a�c
1. That the dwelling w�its be redesigned and loCated as duplex uni�s only.
2. Th�t ttxe d�nsi.ty not surpass �k2 in tota]..
.
. �p�� � . .... �. � .. . � � � � . . � ' .�... � . � � . � � � � � .. �'�
STAF� REORT ,;
,
AGENDP, 5.3 , ,
TTGAI2D PZANNING COMMISSION
January 16, 1979
Page 3
3,. That applicant contract an indepei�,dent Eng�neering consultant firm to
study and expres:s problems with possible solution to the soil condition,
hydraulic flow and level prior to cut and fill alteration,
4, That �the development's streets be public and meet looal street st.andards. '.
5. That the possible alignment of a street through the development onto the
adjacent commerc.ial parcel be considered and conditioned if the traffic
consultant's report finds it �ecessary and the Flanning Commission '
requires it.
6. That any encroachmPnt of street, park, building etc. , in the flood
plain be restricted per Tigard Municipal Cod�, Section 18.57 and permitted
as conditioned with ,flood plain fi''l1 permit if approved.
Repart prepared by: ICen Selby
Associate City Planner
January 1'L, 1979
'��..
I
�
�
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
January 16, 1973 - 7:30 P.M.
Fowler ,7unior High - Lecture Room
10$65 �W Walnut Street - Tigard, Oregon
Docket: Miscellaneous M 1--78 (Burnum Creek Planned DeveXopment - ZG 29-78 and
MLP 16-78) .
Applicant: Phil Benson Co. Owner: Same
Location: Adjacent Southeast of Fanno Creek and North of SW Ash Street terminus
surrounding the residence af 13075 SW Ash (Wa�h. Co. Tax Map 2S1 2AC, Tax
Lot 2300) .
Request: For a flood plain fill per.mit located in an A=2 "Mu7.tifamily Residential" ,
zone, to cut and fill for the �reation af improvin.g buildable area for con- �
stru�tion.
I. Findings of Fact:
;
1. The site i.s designated on the NPO ��1 P7.an as "iJrban Medium-Density'1 �
Residential and zoned A-2 (ref.er to staff report ZC 29-78. '
i
s
2. The s��e is bounded by single family homes �n ttie west and open space �
� greenwa}� to the e�st and north, ta the south anc� southeast are multi�
family hom�s and open spacE.
The n�rtheastern 1/3 of the property is a greenway area as designated on
the NPO 4�1 Py.an an.d 100 year fYood plain £rom Fanno Creek.
3. The appl.icant has submitted some information with flood plain fill permit. �
(See a�tached map, application and calculation data). r
�
,,
r
4. The applicant proposes to alter the flood ��lain level. to permit con- '�
struction of four plex and six plexes in a Planned Development. 2
f;
II. Conclusi.onary F'indings: ��
;�
1. Staff sees two distinct areas of Zegitimate deliberation for the Planning ;,
Commission here. One is the impact of the development on the use of �;
the neighborhing lands and on the greenway--this is in a sense a land use a
question. The other area that should be addressed deals with the impact of ;
the propose� ph:ysical changes on the str�am and the adjacent properties f
along Fanno Creek--particularly those downstream. �
2. A concern that s�aff does hawe which is not addressed by the ap�alicai�t-- �
but should be considered by the Planning Comma.ssion is wheCher, by approving '
this project, the commissian is establishing a precident fo�r approval o�
pr�jects that do, in any way, affect the floodway. If such projects are to
be approved, then high standazds fot impact disclnsure by the applicant and !
� fox desig� excel�ence of the project ought to "be maintained, pe�haps in,,
wri.tten �ozm to make them 'Less susceptable to defierioratian. i
;
�
3
#
�
,, : , ._. _ ;_ _ . ,;,.:;
a � � �
STAFF REPORT
� AGFNDA 5.4
TTGARD P'LANNING COMMZSSION
January 16, 1979
Page 2
III. Staff Recommendation;
Staff feels that great deliberation by ti�e Planning Commission in approving
a flood plain fill permit to allow construction o� buildings be taken due to the
setting of precidence for this type of activity. A flood plain impact state-
ment with �nviranmental factors ought to be required of the applicant and
submitted when requesting approval for the genera�. plan and program a�proval
on the Burnham Creek Planned Development.
R�port prepared by; Ken Se1by
Associate City Planner
Januaxy 12, 1979
�..r
��
�
1'
. ��
STAFF REPORT
, AGENDA 5.5 r.
TIGARD PLANNING COMMISSION
i �;; January 1'6, 1979 - 7:30 P.M. �
� Fowler Junior High School - Lecture Room �r
10865 S.W. Walnut Street - Tigard, Oregon '
Docket: Comprehensive P1an Revision CPR 1-79 '
(Ref. CU 31--78 - Stevens Marine) ,:I
Applicant; Page N. Stevens I�,
Owner: Same as applicant
Location: North of 9110 S.W. Burnham Stre�t {Wash. Co. Tax Map 2S1 2AC, Tax Lot 200 #2)
Request: To amend Tigard Community (Comprehensive) Plan from the exclusion of "boat"
dealerships to permits such use in the C-3M "Main Street Commercial" zone on
a 3.25 acre parcel. ,
I. Findings of Fact:
l. The subject site is designated C-3 "Commercial Retail" in the NPO #1 Plan
d t - " "
an is resen 1 zoned M Mai tre t
C 3 n S e Commercial one
P Y
z .
��
2. The May 20, 1974 adopted NPO #1 Plan amending the 1971 Tigard Community
Plan (page 29) states:
��
- �
The 1971 Ti ard Communit Plan ro oses that the Downtown b�xsines� district
g Y P P
- ;:+
develop aceording to a commercial-industrial classification, the stated �;,
purpose being "to permit", in this older part of the city, a mixture of f;
businesses and light industrial uses that are Compatible and do not readily ;�3
�,
fit into a planned shopping center. Typical establishments are automobile, ��
boat and mobile home d�alership�, farm and heavy equipment sales and service ,!'
outlets, concstruation material outlets and garden st�res. The Community
Plan therefore assumes that Downto�an does not haj�e the potential to become
an attractive and convenien�: r�tail cen�ter capable of comp�ting with
shopping centers. This plan da.sagrees with the Community Plan assumption
and recommends the redevelopment of Downtown as a community oriented shapping ''
ar•ea."
3. Page 33 of the NPO #1 Plan states:
"As preva.ously discussed, the Tigard Community Plan designated the Do�r�town '
area for Commercial-Industrial developmer�t. The Neighb�rhaod P1an replaces
this category with separate designations for retail, commercial and
industrial uses. However, one area, Burnham Street southeast of Ash Avenue,
remains commercial-industrial. It is intended to provide a transition
fram the commercial area to the north and the industrial. area to the south
and to maintain a mixture of compatible industrial and commercial uses.
The land remaining ta the south will develop according to the standards of
the M-4, Inciustrial Park. Zone. Any manufacturing firms �ha� �xist as non-
conforming uses, should receive encouragement to relocate in an appropri��e
zone."
I
� ,
i
�`
. _ 1
,
i
i
�
� �
STAFF REPORT �
' - AGENDA 5.5 �
TIGARD �LZ�NNING COMMISSZON �
� January 16, 1y79 `
��� Page ? � � �
�
�
G.
Policy 25. The area designated on the Plan I�Iap Commeraial-Industrial ,
should be developed to the 6eneral Co•mm�rcial, C-3 zone and the �
�;
industrial area shouTd be developed to the standarc3s of the M-4,
Industrial Park zone. (
� �i;
4. Chapter ;18.30 "Main Street Commercial" zone (C-3M) of the Tigard �'.
Municipal Code restricts °boat° d�a].ership or repair from this zone `
as a permitted or conditional use. However, it conditionally permits "
"automobile" sales and service. �
Chapter 1$.28 "General Commescial" zone (C-3) permits as a conditiorial
use "automobile, boat and trailer" sales �nd repaire ;
,
5. The applicant proposes to op�•rate a retail sales o;E boats, •C;railers, �
motors and relatecl items as well as repair and service of boats, motor
and trailers, R�pair servic�s will be included using such skills as
heli arc welding and engine mechanic.
6. The subject property is vacant with grassy scrub brush vegetation and an <`,,,
approximate 4-5� slope from north to south down to the Fanno Creek and
Greenway area. The land u.ses sur_rounding t.'he site are commercial,
indust.rial uses to the north across Burnham, vacant open space and
tt, residential units to the s�uth across tlze Greenway. To the east is an �I
�} elderly residential unit and the Tigard Times Newspaper building. To �.;
the west is a single family res�_dence and th� GTE building. f"
;a
,.x
The fl.00d plain contour has laeen re-esfiablished by permissa.on of a flood
plain fill permit. The present flood plain contour is 144 foot elevation. `�
The previous elevation was approxima4.ely 15Q feet. �
II. Conclusionary Findings:
1. It appears that the appliaant's propasal is in confl.ict with a portion of
the NPO #1 Plan and yet, conforms with the intended amendment to the 1971
Community Pl:an. Therefor�, a meeti.ng was called f.or the NPO #1 members �
(only two of nine are valid membersj . The purpose of the m�eting was to
collect clariftcation of intent as i�t pertained to statements on page 29 �
arid page 33 of the NPO #1 Plan. �
1
Of the nine memb�rs who confi:cmed that they would attend th� December 2'L, j
1978 me�ting, only three appearada Those present {speaking as individuaZs- �
not the group) concurred that it was not their oxiginai. inten� to allow ,�
"boat" d�alership developm�nt in the designated main street CGIA[tt�x'C131 �i
area (as s�ated on page 29 of the NPO text) . However� a�`ter listening ;:;
to Mr. 5teven's proposal, three members o� NPO #1 concurred that �Y�e ;`1
applicant`s locatio�n, proposed lanc�scape buffering improvements and size
of operation wou7.d be lilce their intenc�ed usc as stateci on �age 33 of �he I
NPO #1. Plan.
,;�
'.��
j;�
;
�
. _
:: . : . . . . " �
f
�
� s�r�F ��oRT
,
AGENL�A 5.5
* TIGARD PLANNING COMMISSION
January 16, 1979 �
� Page 3
A second meeting was called on Wednesday, December 27, 1978 in an attemp�
to receive more former members input. Only four of the nine members were �
able to attend. Since three of the four were a�G the previous meeting, ' i
staff decided not to hold the meeting due to lack of other NPO #1 members ,
• input. 5tatf felt that time was of essence to the applicant since he had #
been previously tabled pending a NP0 meeting, and lack of public hearing
time on his aonditional use request. Therefore, with the input by the }
three NPO #1 members, statf r_ecommended that applicant apply for a �
� ComprehPnsive Pl�an revision to the Planning Commission_ �
2. The applicant!s proposal conforms wi.th the �TPO #1 P1an as a transforming �
�' use from commercial to industri;al. The proposal 'offers a small business (
like atmosphere with landscape buffering improvements and a location that s';
is aff the main street area to alleviate traffic and v.isual impact: i;
�;
3. Staff feels that "boat" sales and repair are a similar use to conditianal �
use permitted "automobile" sales and service in the C-3M "Main Street ' t,
C�mmerciaT" area. Therefore, should the Planning Gommi,ssion grant the ;:
applicant's request for a C�mprehensive Plan;amendment, the amendment `
should bc to al.lnw "bc�at" sale� anc� aervice as a conditional. use, This �
� ` • ith the ro er
a
ea
w
i the
main street' ar P P
amendment would pexmit such use n j°,
publ.ic hearing provisions to insure con'trolled, and best:•plar•iY�ed 'use. 13
k
.. . ' . . � . ... ��
II. Staff Itecommend�tion: }j
�';
Staff recommends approval of the Comprehensive P1an amendment tq the adopted .
�
May 1974 NPa #1 Plan to permit "boat°' sales and repairs as a conditional use
in ths C-3M "Main Street Commercial, " az�d "CommerciaZ-Retail°' zone.
Y
� � �`i
Report ��r�parFd by: KPn 8elby x'I
Associate City Plaizner ��!'
January 12 , 1979 4`
�a:
;;
�'.
�'.
�.
�
�,
�,
',;
(,
€
�
,
t
t
�
,.
�
�
�
�
t
�y . . . . . ...� . 3
i
tI
� � . . � � . . .. � � . . . �� !
� . . . . . . . ... � � . � .G
. . . � . . . .. ��� f
� � . � � � � . � � . �
i
. . . . . . . � � . .� � . � � � � �. ��l
� � . . . �. �� � , � . . . . . . � , �.I
�
. . . . � � � � . . . .. . . . � . . . . . . . . i;
�
;
�, STAFF REPORT ;,
AGENDA 5.6 ��
TIGARD PLANNING COMMZSSION j?
:: ,� January 16, 1979 - 7:30 P.M. �;
�� Fowler Junior High School - Lecture Room „
10865 S.W. Walnut Street - Tigard, Oregon t'
j;
�f
Docket; Conditional. Use CU 31-78 � ;'',
� � (Ref. CPR 1-7£i Stevens Marine) � �i�
y�
,;
,
Applicant; Page N. Stevens ;
a
Owrier: Same as applicant
Location: North of 9110 S.W. Burnham StreEt (Wash. Co. Tax Map 2S1 2AC, Tax Lot 200 #2) . "
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, north of 9110 S.W. Burnham S.treet. 4
4
':
I, Findings of Fact:
1. The subject site is designated C-3 "Commercial Retail" in the NPO #1
i Plan and is presently zoned C-3M "Main Street Commercial" zane. E
�,
2. The applicant proposes to operate a retail sales of boats, trailers, �
motors and related items as well as repair and service of boats, motors
and trailers. Repair ssrvices will be included using such skills as heli r
' arc welding and engine mechanic. ;
�� �
3. This item was tabled from t}ie December 5,1978 Planning Commission
public hearing due to lateness o£ the h�ur.
4. The Ti.gard Municipal Code, 5ection 18.72.020 states: f
A request for a conditional use or modification of an existing conditional ;
us� may be initiated by the property owner or his authorized agent by filing ';
an appli.cation with the City Recorder. The applicant shall submit a site '
plan, drawr� to scale, showing the d.i.mensions and arrangement of the ;
, proposed development. (Ord. 71�4 �6 (Part) , 1971: Ord. 70-32 �230-2, 1970) . j
�
5. The pr.oposed 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-3 znning, automobile, boa•t �
and trailer sales as well as repairs, painting and uph�lstering is a
conditianal use permit. The C-3M conditional use sectiUn is identical to !
the C-3 section with exception of the exclusion of the work boat from the j
conditional uses permitted. �
�
6. Section 18.12.030 of the Tigard Municipal Code gi,ves authorization o� �
similar uses:
The Planning Commission may rule i:hat a use, not specifically named in �he
allowed uses of a zone, sha11 be included among the allowed uses if the use
� is of the same general type and is similar to �.he allowed uses. However,
this section does nat authorize the inclusion of a use specificall.y listed
in ano�her zone. (Ord. 70-32 �210-1, 1970) .
� " .
. f... . � ., . . . . . . . . . . . . . . .
STAFF R�P�JRT
8 AGEN'DA 5 6
TIGARll PLANNING COMMISSION
Page,2
7. The subjsct property is vacant with gra'ssy scsub brush vegetation, 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, vacar�t open space and
residential units to the south across the Greenway. `ro the eas�t 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 pl.ain contour is 144 foot elevation.
The previous elevation was approximately 150 feet.
�. The present buildable ar�a is 2.79 acres. The proposed development is
totally above the fTood p�airi area.
9. The Unified Sewerage �lgency service is available through an easement on the
property. Water service is alsa aVailable on Burnham Street.
10. The project will •utilize Burnham Street which is designated to be a 60
faot right-of-way �treet. It is ,presently 40 feet.
T.I. Conclusionary Findings:
l. The request conforms to t17e requirements of Section 18.12 of the Tigard
�`�"` Municipal Code as a simila.r use to those land uses conditionally permit�ed
�`�- in C-3M Section 18.30 of the Tigard Municipal Code.
2. Shoix�d a Comprenenszve Plan Amendment be granted for the "Commercial
Retail" area in the NPO #1 Plan area� t�is proposal will conform as
a similar conditional use providing small, business operat�.on and improved
landscaping anc9 locafcion atmosphere.
IIT. Statf Recomm�ndat;ions:
Sta£f recommerads a.�proval subjec-� to the following conditions:
t Com rehensive Plan Amendment be ranted ermittin "�oa�° sa]:es I
Th a a g
1. g P
A
an� services as a conditional use in the C-3M "Main Stre�t Cammercial"
area, '
2. That ap,plicant submit aonstruction and drainac�e p�ans with bond� and/or '
agreements as necessary for approval b� the Buildixig anc� Eng�.neering
Departments prior to issuance of perma.ts.
3. That �he appl,ican�. dedicate ten feet of right-o£-w�a� along the frontag�
of his p�operty on Burnham Stxeet wi�.h half stxeet a,mpzovements to City
of Tigard co�.lec:tor s�reet stanrlarc3s.
4, That appl.ican� reaeive a�prov�l fo� the landsc�;pe improvements (especia�.l.y
��� � .� r �y � . '
in r�gard �o back �a�d scre�n�.ng) �rom 'the S�.te Deszg� Review Board px�.or ',
� to issuance of btxi,lc�ing pexmits. '
i
R�por� ;��e;paxed ��c K�n Sel�y '.
�ssociat� Ci�� P].�nner
�'anua�y J.2, 1.979 I
;
� � � � � � ;
�
. � S. . . � . � . . � � � . . . . . � .
�.. : �.� , . . . . . . . . . . . . �
STAFF REPORT
AGENDA 5.7
TIGARD PLANNING COMMISSION
January 16, 1979 - 7:30 P.M.
� Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket; Conditional Use CU 35-78
(R�t, S 16'-77 - Nart3zern Pine Subdivision}
Applicant; Steven Spiec�el
Owner; Same as applicant
Location: Corner of S.W. 106th Street and north of S.W. North Dakota Street (Wash.
Ca. Tax Map 151 34DA, Tax Lot 300 and 400) .
Request: For a conditional use permit to construct two (2) single family attached
units in an R-7 "Single Family Residential" zone on .465 acres nf thE
total 2.75 acre subdivision parcel.
I. Firidings of Fact:
1. The site is designated •"Urban Low Density Residential" on the Tigard
C�mmunity 1971 Plan, and th� preliminar.y NPO #7 Plan with a zoning
of x-7.
i
2. Applicable policies from the Tigard Cammunity Flan and the prelims,nary I
i
NPO #7 Plan are as fallows:
�
.�°
�
� a. The maximum overal]. density of development wi11 k�e four dweZling �
uz�its or 12 persons per grass acre. This amaurntsta a st��ndazd of
7,500 square feet of land per dwelling unit alZowing for streets and
other open space. Some areas will have a lower de�nsity owing t�
, to o ra h , existing development pattern� or the desire c�� individuals
P � P Y
to own a Yarger lot.
b. Residential subdivisionswill be d�veloped with paved stxeets , curbs i
and gutters, street lights, and wa].kways, aacording to Citg or County '�
standards. Al1 utilities will b� p].aced underground. #
�
c. Development will coincidP with the provision of pizb�.ic streets, �
;
water, and sewerage facilities. These facilitiPS shall be (a) F
capable of adequately serving a11 intervening properties as wall �",
,
as the proposed development and (b) designed �ta meet City or County �
standardy. '
�
3: S�ction �.8.20.02Q of the Tigard Municipal Code states: �
"In an R-7, R-10, R-15, or R-30 zane, the fo7.lowirig uses and their ;
accessory uses m�y be permitt.eci as condita.onal usea when in accordance -
k
wi.th Cha�ters Z8.72 and 18.$4: �
(1J nuplex residential, With a minimum 1ot of ten tho��and square �
fe�t, one duplex per lot; or two si.ngle fam�.Xp uri�.ts wi�h � minimum ;
3.ot area of fiv� thousand sc�uare feet per una.t, In �he even� i� ?
appears Lhat a.t �.s nat prac�ica7. to c�ivi.de a 1et�al lo� ir��o �wo
J.o�s of :£ive tYiousanc� square �'eet each, trie P�.anninc� D:ireotor may
ap,prove �.he div�ision n�twitk�s�anding the f�c� that one 1�0�. is �.�ss
�
� _ .. ._.__.._
,
STP,FF REPORT
AGENDA 5:7
TIGARD PLANNING COMMISSION
January l6, 1979
Page 2
than five thous�nd square feet; provided, however, that n� such
lot shall be smaller than four thousand two hundred and fifty
square feet."
4. The applicant was granted pPrmission by the Planning Director to
construct 13 single famil� detached residential units on August 15, 1977.
The applicant has constructed residential units on some of the lots.
Lots 12 and 13 ax•e presentTy unimproved.
5 , The applicant proposes to construct two single family attached units on
s bdivision lot between lots 12 and 13 that together total
a reali ned u p
9
p ative
t Please refer to a
licant s attached narr
20,0?4.8 square fee . ( pP
for pizrpose and intent.)
6. The site is surxounded by duple� lots to the east (county territory) ,
and large lot s:ingle family units to the south. To the west is open
space. The general character of the area is rural, undar.going change
to urban with the construction of Englewood and Black Bu].1 Subdivisions.
7. Water and sewer services are available to �the site.
8. Access to the site is aff S.W. hTorth Dakota, which has been impx'oved to
collector street standards as a condi�ion of the Subdivision approval.
-a
��
= II. Conclusionary Findings:
1 . The �xisting lots in the subdivision are 8,000 square .feet to 10,000
square feet. The lots upon which single famil.y attached units will be
constructed on a minimum of 5,00'D square �e�t will be south, north and
west ot large single family detached units.
2. The applicants consideration of correcting the lanc use prob].em due
to the Caunty's approval of duplex units to the east is not shared
by the NPO Committee or the City Planning Sta:Ef as a reasonaba.e
r.oncern. Adequate site obstruction ma�eri�ls sueh as landsc�;ping
can be placed on lots 12 and 13 to screen off the dupl�x residents to
the east. L,flts 11 and 6 will be directly exposed as well as the other
i.ots in the NartYYerri P.ine Subc3ivision to the proposed attached single
famil,y units. There�ore, a dichotnmy in th� general ch�racter of the '
suhdivision wi11 occur.
3. Neighborliood �lan: Organization. #7 Pla� is prov�.ding c3esignated vacant
parc�Is in �he area to accommodate smal�er lots �o comply with divers�;fied
housing xequiremen�ts.
4. The applican� states tha�, "7a Conditiona,l use pezmi�. would sexve
conununi�.y needs for c�it�ersified housing, whi.le foll.ow�:ng land use goals
of g�adua�ing lot derisity a�ray from the industrial zone and busy
stree�5, "
,.
_ _ �
, � �
STAFF REPORT �
AGENDA 5.7 i
TIGARD PLANNING COMMISSION
��. January 16, 1979
Page 3
Being offeetiva in proy.iding diversi�ied hous'ing to acco�tunoc�ate
economic housing commodity wil,l n�t be accom,plished with �he granting
of this r.onditional, use. It is estimated that 20 units pr more,
subdivisions of smaller 1ot sizes (5,000 square ,feet) a,re ner,essar.y
to lower square footage costs to be passed on by developer to buyer.
The applicant has not de.monstrated the econo�ic bPnefit hi� smallex
l�ts will have in the subdi�i.sion.
I:II. Staff Recommendd.tion:
Staf£ has detezmined that no community bene£it wi11 become of applicant's
proposal and therefore, rec.qmmends denial of: a;�plicant's conditional use
request.
Report prepared by: Ken Selby
Associate City �lanner
January l2, 1979
,<
�. '
I
� I
i
i
I
il
�.__ r