Planning Commission Packet - 04/17/1979 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PLEASE NOTE: The original paper record has been archived and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
TIGARD PLANNING COMMISSION "
April 17, 1979 - 7:30 P.M.
� FoWler Junior High School - Lecture Room " : �
, 10865 S.W. Walnut Street - Tigard, Oregon
1. Open Meeting;
2. Roll Call:
3. A�proval of Minutes from Previous Meeting(s);
4. Planning Commission Communication:
5. Public Hearings:
A. Staff Report
B. Applicant's Presentation
• C. Public Testimony
' 1. Proponent's
, 2. Opponent's
3. Cross-Examination
D. Staff Recommendations
E. Commission Discussion & Action
5.1 ZONE CHANGE ZC 30-78 (Sherwood Downs Planned Development) NPO #5
Tabled from 3/6/79 Planning Commission Public Hearing Meeting per
request af applicant,
�::. A request by G?nther Engineering, Inc. for a preliminary �lan and program
review of a resident.ial p.lanned 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 Avenue (Wash. Co. Tax Map 2S1 12B, Tax Lots 4600,
4700, 4701 and 4800) . '
5.2 CONDITIONAL USE CU 7-79 (Veterinary Medical Facility) NPO #7
A request by Alva L. Roberts for a conditional use permit to c�perate a
veterinary medical facility in a CP "Commercial-Professional" zone on a
0.4 acre parcel, located at 12530 S.W. Scholls F�rry Road (Wash. Co� Tax
Map 1S1 33AD, portion of Tax Lot 2400) . '
5.3 MISCELLANEOUS - Extension of Durham Road NPO #5
Presentation by Tom Spears, Public Works Depar�L•ment Washington Coun�ty I
descr.ibing a p•�oposed realignment of Durham Road to intersect with
Lower Buones Ferry Road. .
5✓'��MI SCE�TCL'AN��-��YtC�kS��an�PJ'\.I� �'��,
Ne pu 'c ap qvalJ o,f--�he���po�'s�'�cseati^ evel �nt o e p p'c,
s re t fo t e p��ny�ted�1 foot �� of- in Pi T,an t
d�ve pment.
�'� 6. Old Business:
7. New Business:
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8. Other Business: , �'
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Discuss the possibili.ty of placing a member from each NPO c�roup on th� Planni,n� �
Gommission Board. ;: �
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9. Adjournment: .
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MINLITES
'� TIGARD PLANNZNG COMMISSION
April 17, 1979 - 7:30 P.M.
Fowler Junior High School - Ler_ture Room
10865 S.W. Walnut Street - Tig�rd, Oregon
President Tepedino OPENED the meeting at 7:35 P,M.
ROLL CALL:
Present: Funk, Kolleas, I3elmer, Smith, Speaker, Tepedino, Wood, Bonn
Absent: None
Staff: Howard, Selby; City Attorney Joe Bailey during part of ineeting.
MTNUZ'ES: The minutes of March 27, 1979, were considered. Wood asked they
be corrected as follows:
- Page 3, lst paragraph, the motion was corrected to read: ". ..
on the ground that it does not comply with the NPO #4 Plan require-
men£s for the MIr7IMUM SIZE DEVELOPMENT. The motinn was.. ." (Underscore
indir.ates the correction.)
Page 4, 3rd line, the word OWNS should be AUI�CHASED., ma}cing the
sentence read, "It was established that the applicant PURCHASED the
p roperty without condi�ions. . ." And on the same page the modified
Condition 1 should conclude: ".. .that an agreement be reached to pro-
vide such access upon development of the INTERVENING PARCELS."
' On page 5, under New Business , the tyoographical error in the
`" second paragraph is r.orrected, making it read, "At this point (10:15
P.M.) . . . "
There being no other. corrections off�red to these minutes, it was moved, second-
ed and carried the mi,nLttes of March 27 be approved as corrected. �
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The minutes of the April 3rd meeting were considered, and it was moved, '
seconded and carried they be approved as submitted. `
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Howard reported that all COMMUNICATTONS woulcl be considered in conjunction �
with the items to which they apply. �
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President Tepedino opened the PUBLIC HEARING by reading the usual notice
referring to the ordinance giving authority for the procedure to be followed. ,
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He tlien asked Coznmissioner �400d to report on the activities of the subcommittee
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under his chairmanship which was named to work on the proposed revision of the
5Pnsitive L�nds ordinance. Wood reported at some length the purpose and accom--
plishments of the suk�committee of four Commission members, pointing out �.hat the
i.mpact on the first item on the agenda; hawever, the ground rules established for
the subeommittee precluded any discussion of, or calculation of possible effects
on, the first item to be heard this evening, which involves consideration of
sensitive lands (floadplain) . This was said to allay concerns of possible viola-
tion of the open meetings statute.
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� The President stated Agenda Item 1 had been tabled in accordanCe with the ,
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MINUTES
TIGARD PLANNING COMMISSION
� April 17, 1979 - 7:30 P,M. '��
Page 2
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applicant's request on March 6th, and asked for a motion to lift it from the '!
table to the agenda. Such a motion was offered, seconded and carried.
5.1 ZONE CHANGE ZC 30-78 (Sherwood Downs Planr�ed Development) NPO #5
Tabled from 3/6/79 Planning Commission Public Hearing meet-
ing per request of applicant.
�3 reqizest by Ginther Engineering, Inc. for a prelimin-+.
ary p1an and program review of a residential planned develop-
ment and zone map amendment from Wash. Co. RU-4 to City of Tigard
R-7PD on a 11.25 aci:e parcel, south of Bonita Road on S.W. 76th
Avenue (Wash. Co. Tax Map 251 12B, Tax Lots 4600, 4700, 4701 and
4$00)
The applicant's representative suggested reading of Staff Recoznmendations
prior to the applicant's presentation, because much of his presentation had to
do with the c.onditions recommended. The President stated this should be handl-
ed in the cross examination and rebuttal perio�3. Howard then read the STAFF a
REPORT, making certain changes in Findings of Fact No. 4 which reduced the dwe11-
ing units proposed frnm 67 to 61. The Commission members called attention to
errors in the statement of the arithmetic calaulations in Findings of Fact No. 5 ,
but these did not alter the number of dwelling units allowed. '�
;Z'he APPLICANT'S PRESENTATION was deferred until after the staff recoznmen- �
dations were presented. •;;j
The PUBLIC TESTIMONY, all in opposition, was offered by S. Scolar, Barbara ;
Webb, and Betty Weaver, neighboring property owners , who expressed concerns ` '
about the ultimate condition of and traffic safety on 79th Avenue; the trade '
offs which are re�uested; and the neighborhood problems with childre� in the
nearby apartments which, it was felt, would be only increased by the proposed ,
development.
Thereupon Howard read the printed STAFF RECOMMENDATIC�NS, with the addition �
of the following two condition,s:
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12. That all streets be public and'.impraved to�xCity ,Standards with(34 feet �
of paving and sidewalks/curbs) for a total of 50 feet right of way. I
13. That 79th Ave n.ot be used until construotion is aompleted. z�ii
construction vehicles are to use 76th Ave.
CROSS EXAMINA TIONr The applicant's representative, Gene Ginther, made the
applicant's presentation. Eie stated the applicant, contrary to the Si:aff Report,
is Ralph W. Scheidt, Sherwood Develapment Company, of 11135 S.W. Capitol High-
way, Portland. The site lacation includes Tax Lot 102, and has 15.61 acres total.
Mr. Ginther stated the reasoning in the calculation �f the density of �he
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MINU'i'�S
TIGARD PLANNZNG COMMISSION
� April 17, 1979 - 7:30
` Page 3
proposal was based on Ordinance 18.56.110 (1) , which def_ines the net develop-
ment area as the gross development area less the areas set asicle for churches,
schools and other nonresidential uses, and less 20 per cent (for streets, etc.)
He stated the ordinances do not define gross residential area. He stated
Staff's position is that the gross residential area should not include the
floodplain area, whereas the applicant's position is that nowhere is there
authority for holding the floodplain to be nonresidential. He called attention
to the present floodplain ordinance, which prescribes aonditions under which
the floodplain may be utilized, and suggested that the presence of this ordin-
arice indicates the floodplain is indeed residential area. He stated his belief
is contrary to the floodplain ordinance to label the floodplain as nonresidential
use. He stated the permi.tted units accordinc� to the calculation on the basis of
total area, including floodplain, comes out to 85.4 units. Mr. Ginther then moved
to the graphic presentation mounted on the wall and pointed out various aspects
of the proposed development.
He then reviewed the Staff Recommendations, stating modifications he felt
necessary to the conditio�� �.s follows:
1. No change.
2. Should be modified to call for a 40-foot right-of-way with sidewalks
r,,„ along one side of the street.
�`�.y.
3. He felt the street plug at 79th is contrary to safe traffic flow and
should be elimi.nated; that the right-of-way should be 40 feet (instead of 50
feet) with sidewalk on one side.
4. He recognized the validity of the 130-foot contour, but asked that,
�, becaus� of the irregularities in the terrain, sligh�. deviations not be cause for
� the involking of a shutdown of the project in acoordance with the Condition 11
"no changes" provision.
5. He termed as "nonsense" the limitation to 27 units: it wou�.d have to
be either the 61 requested or the 51 as indicated in an alternative presented,
or the development would not be feasible.
6,7, and 8 were acceptabZe.
9, 2'he gre�nway area should be graded to pravide a self-drai.ning coridi-
tion, and sto.rmwater runoff be detainefl in subsurface c�etention systems.
10 and 11 - Okay.
12. 40-foot right-of-way with 3g-foot improvements with curbs and sidewalk
on one sicle.
13. The 3-estriction of all traffic from the project until completion he �
�*4� felt unreasonabl.e, and Uuggested the cons•t�ruction txaffic through the apartments
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would be less sa�:.. �l�a.n on 79th.
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MINUTES
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TIGARD PLANNING COMMISSTON
;c� April 17, 1979 - 7:30
Page 4
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Mr. Ginther then addressed concerns of the opponents who had spoken.
2n REBUTTAL, Norman Webb and Bar�iara Webb reiterated their concerns pre-
viously expressed, suggesting a 15 mile per hour speed limit on trucks if 79th
were used in constr�.�ction; that a consulting engineer chosen by the neighborhood
and �aid for by the developer be ret�ined to pass on the adequacy of restoration
of the street after construction; that a fenee be installed to help control
children. Betty Y7eaver and S. Sco].ar expressed concern as to the density, and
a� Mr. Scolar's request the density compta�ion was again explained, Mr. Ginther
then responded to these concerns, whereupon the President closed the public hear°
ing on this item.
A lenghtly COM1!�ISSION DI5CUSSION covered many aspeats and concerns. Chief
among them was the actual effect of the pertinent ordinances. Wood gave his view
and the past actions of the Cammission on Floodplain encroachment. Joe Bailey,
City Attorney, commended Commissioner Wood's view, stating as his opinion (upon
being asked by Speaker) that for any parcel, buildable area would be that con-
tiguous area which does not require a perznit in order to be buil�. upon. He point-
ed aut that accessory resir3ential uses, such as gardens, are permi,tted; sc� back
yards, for instan;ce, could be located in the floodplain on a lot so long as the
building was outside it. He recognized that this would lead to very c�mplicated
,M• calculations of permitted density.
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There was disclzssion of impact of allowing �i11 down to the 130-foot con-
tour (vs. the 133-foot floodplain boundary) u Selby estimated this area, which
would have a negligible effect on possihle additional units permitted.
The advisability of tabling was raised in order to allow the applicant and
staff to respond to the coneerns expressed, but it was felt the issues were
pretty clear and tabling would not prove profitable.
Finally Smi.th MOVED for approval of Zone ohange ZC 30-79, based on staff
findings and recommendations. The motion was seconded by Bonn and carried un-
animously.
At 9:37 p.m. the President declared a five-minute recess,
5.2 CONDITTONAL USE CU 7-79 (Veterinary Medical Facility)
A request by AJ.va L. Roberts for a aonditional u5e permit to oper-
ate a veterinary medical tacility in a CP 01Commercial-Professional"
zone on a 0.4 acre parcel, located at 12530 S.W. Scholls Fez�ry Road
(Was. Co. Tax Map 1S1 33 AD, portion of Tax Lot 2400) .
The STAFF REPORT was read by Se1by, who indicated the location of the pro-
perty on the wall map.
� .Alva L. Roberts, Jr. , D.V.M. , presen�ed the APPLICANT'S PRESENTATION. He
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MINU��S
TTGARD PLANNING COMMIS520N
� �:�:,. April 17, 1979 - 7:3Q �.M.
paqe ,5
detailed his professional qualificati.qns and past and present �rqfes:siqnal
and civic ass�ciation memberships. He described in detail h.is reasons for
selecting this site and the physical aspects af hi,s facilities. He explained
the similarities between veterinary and traditional me dical practice. He read
a statement from Bonnie O�vens of NPO #7 stating, on behalf of NPO #7, that the
requested use is compatible with tYie co,mmercia'1-professional designation.
Selby explained that the principal point to be shown is that thss facility
and the practice conducted is SIMl'LAR to th� otherwise unqualified medical prac-
tice referred to in the ordinance.
Persons speaking on behalf of the applicant a,s part of the applicant'_s
presentation were Bob DeLeishman, breeder of very expensive dogs used in re-
sear.ch; M.S. Sipe, D.V.M. ; Lee Thompson, M.D, of Beaverton, who clarified that
veterinary practice is indeed a medical practice.
There was no PUBLIC TESTIMONY.
Selby read the STAFF RECOMMENDATIONS.
In CROSS EXAMINATION it was made very clear this �ac9.lity is not a kennel;
there are no outside facilities, and waste is hauled away. On questioning, Dr,
���' Roberts expressed the hope the present facility would be replaced in three years
�-�'�• with a new structure. Funk questioned who the other veterinarian was who had
inquired about locating in the area, since his brother-in-law was a veterin�:x�.an
interested in the area. The information was not available.
2n COMMISSION DISCUSSION the question was raised whether the zone change
require in a on �, ion could bP granted at this time. 5elby explained
this wquld have to be requested by the owner within a year.
Speaker MOVED approval of Conditional use CU 7-79, based on staff findings
and recammendation.s. The motion was seconded and carried, with Funk abstaining.
5.3 MISCELLANEOUS - Extension of Durham Road
Presentation by Tom Spears , Public Works Department Wash. Co. describ-
ing a proposed realignment of Durham Road to intersect with Lower
Boones Ferry Road.
5elby read the STAFF REPOR2'.
Tom Spear of Washington County Public Works Department made the APPLICANT'S
PRESENTA TTON, Eie reviewed the history, elements, and timing of the proposal.
Questioning by the Commission covered the possibility of a bypass from 99-W to
I-5 (none currently planned) ; the nature of the railroaci c�ossing proposed (use of
gates) ; proposed pavement widths and sidewalk-bike path facilii.i.es; the fact this
,� road goes through an area of residences with two schools.
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MIAIUTES; :;:
TIGARD PLANNING COMMISSION
April 17, 1979 - 7:30 P,M.
� Page 6
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PUBLIC TESTIMONY: Speaking in opposition to the proposal were the follow-
ii�g resideni:s in the area: Harry ]Randall (citing accidents to children which
have oceurred, and objeating tn the County and City having to do the State's
work in providing what is essential,ly a bypass between State highways) ; John W.
Havery (emphasizing the decision of NPO #5 after careful oonsiflera�ion) ; Elmer
Schreiner; Larry Schmidt. Dave Metzger, 7900 S.W. Durizam, spoke in favor, re-
lating the accidents that appear to occur regularly at the present turn at that
point in Durham Road.
In the extensive COMMISSION D.ISCUSSION which followed, most Commissioners
felt the road needed to be improved �o handle present and future traffic, while
recognizing the adverse effect on the nearby residents and especxally the effect
en those wkiose property wauld be taken to ;permit direat aecess to 72nd Avenue.
Mrs. Kolleas stated her view in opposition to the plan. Discussion then centered
on what should be recommended as a signalized crossing ox overpass structure to
protect pedestrians crossing at the high school.
E'inally Smith M�VED recormnendation by the Planning Commission to the City
Cgunc,i], b� ;�h�,•i:�pr,oveme�l`_ .���=,���;erTs;io,,,�'�_.o.;.f, Durham�Road as
proposed by Washing-
ton County, with the following: A. Provision that pedestrian and bike paths be
set back from the curb. B. �,n Overhead pedestrian structure be provided f.or
crossiny at the high sehool. C, Provision that pedestrian and 1�ike paths on
1,,. both sides (N and S of Durham) buffer away from arterial traffic. D. 35 MPH
4 S 1
II; . eed limit
� �; P . E. Four Ianes with center left turn lane, This motion was second-
ed by Bonn and passed wi.th one no vote.
OLD BUSINESS: Selby presented a proble.m involving �roportional payment for
street improyem�nts mandated b the Plannin Commission in the S.t
y `� a. Gaarde and
11Qth �venue area. The c.onsensus was that it was the intent of the Commi,ssion
i �hat the res�pective develo�ers share in the cQSt of the new street �xoportionately,
but that ttae record of the meeting should be researched for claxifi,cati.on of intent.
NEia BUSINES5: Commissioner �aood gaye brie� instructions with respect to
the drafts of sensitive lands oxdinances enclosed with the packets for the drafts
of sensitive lands ordinances enclosed with the packets for the current meeting,
which will be considered in study session April 24.
The President declared the meeting ADJpURNED at 11.30 p.m.
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' PUBZIC NOTICE
TIGARD PLAIvNING COMMISSION �
'" April 17, 1979 - 7:30 P.M.
Fowler Junior Fiigh School - Lecture Roqm
10865 S.W. Walnut Street - Tigard, Oregnn
5. Public Hearings: . ;
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5.1 ZONE CHANGE ZC 30-78 (Sh2rwood Downs Planned Development) N�O #S �!�
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xabled from 3/6/79 Planning Conmission Public Hearing Meeting per !�
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request of applicant. , rl,
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A request by Ginther Engineering, Inc. for a. preliminary plan and prograin ,�!
review of a residen�ial planned development and zox�e �ap amendment from I!
Wash. Co. RU-4 to City of Tigard R-7 PD on a 1I.25 acre parcel, south of �
Bonita Road on S.We 76th Avenue (Wash. Co. Tax Ma� 2S1 12B, Ta.x Lots 4600, 4'
� 4700, 47�1 and 4800) . �'
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5.2 CONDITIONAL USE CU 7-79 (Veterinary Med�cal. Facility) NPO #7 �.
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A request by Alva L. Roberts for a conditional use permit to operate a '
veterinary medical facility in a CP "Co*_nm�xcial-Professional" zone on a 4'
0.4 acre parcel, located at 12530 S.W. Scholls Ferry Road (6Jash. Co. Tax �
Map 151 33AD, portion of Tax Lot 2400) . fll
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5.3 MISCELLANEqUS - Extension of Durham Road NPO #5 �',I
' �'�w Presentation by Tom Spears, Publ.ic Worlts Department WaGhington County }'
describing a proposed realignment of Durham Road to intFrsect with
Lower Boones Ferry Road.
5.4 MISCELTIANEOUS - Picks Laxiding II
Need public approval of the cross-section develapment of the public }'�
streets for the permitted 40 foot right-of-way in Picks Landing project r;
development, k�
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Note: This hearing may be cantinued to a date set specific by the Planninq �
commiss.ion. �;
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Publish T�i�' �/3/79 & 4/11/19 �
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"PLANNING COMMISSION SIGN—UP SHEET"
� NOTICE: ALL PERSONS DESIRING TO SPEAK OI3 ANY ITEM MUST SIGN THEIR NAME ON THE
APPROPRIATE SIGN—UP SHEET(S) , LOCATEb AT TIiE B11CK OF THE ROOM. PER50NS
DESIRIIJG TO SPEAK WILL THEN BE CALLED FORWARD BY �'HE CHAIR TO SPEAK ON
INDICATED .ITEM(S) .
AGENDA ITEM: �` � � ' REFERENCE: .,� � DATE:
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NAME pp Sg� �
AGENDA ITEM: REFERENCE; DATE:
NAME ADDRESS
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AGENDA ITEM: _ REFERENCE: DATE:
N� ADDRESS
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"PLANNING COMMISSION SIGN-UP SHEET"
;� NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE
APPROPRIATE SIGN-UP SHEE'Y'(S) , LACATED AT THE BACK OF THE ROOM. PERaONS
DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON
INDICATED ITEM(S) .
AGENDA I TEM: �� I Z��O "7 O REFERENCE: S/LQh��%���ATE: � /��� ,
�`1� ADDRESS �
— (..�'�?' • 7 C lN�J/-F��'.. .�C-�l�/G'iZ 7u aJ I
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AGENDA ITEM: �, a (/J 1 , �� REFERENCE: ��. ���.�DATE: � J � ?�
N� ADDRESS
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' STAPF REPORT
AGENDA 5.1
TIGARD PLANNZNG COMMTSSION
,.� April 17, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 5.W. Walnut Street - Tigard, Oreogn
Docket: Zone Change ZC 30-78 PD (Sherwood Downs Planned Develo�ment)
AppliCant: Ginther Ehgineering, Inc. Owner: Mxs. Janice C�sey
3800 S.W. Cedar Hills Blvd., #276 15050 S.W. 79th Avenue
Beaverton, OR 97005 Tigard, OR 9722.3
&
Application Date: November 14, 1978 Mr. & Mrs. Henry Hiebert
14830 S.W. 76th Avenue
Tigard, OR 97223
Site Location: South of Bonita Road, on S.W. 76th Avenue and fronting on the east
side of S.W. 79th Avenue (Wash. Co. Tax Map 2S1 12B, Tax Lots
4600, 4700, 4701 & 4800).
Request: For a preliminary plan and program review af a residential planned
development and zone map amendment from Wash. Co. RU-4 to City of
Tigard �t-7 Planned Development on a 13.42 acre parcel.
Previous Action:. On December 5, 1978, the Planning Commission appr�ved the applicant's
e e t for a R-7 PD ro'ect for this location with conditions.
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Applicant had requested 64 units and the Planning Commission granted
42 units. The applicant appealed the decision to the City Council.
� On January 22, 1979, the City Council heard the appeal request based
' on modiFying the Planning Commiasion's density limit, The City
� Council moved to remand this request back to the Planning Commission
at the preliminary plan review level. This item was scheduled to be
heard on March 6, 1979. The applicant requested tabling until this
date.
i I. Findings of Fact:
1. The site is desiqnated as Urban Low Density Residential on the NPO #5
Plan, and is presently zoned R-7 "Single Family Residential".
2. On December 5, 1978, the Planning Commission approved the applicant's
request for a preliminary plan and program subject to 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 p.resent right-of-way of S.W. 76th through the development
be vacated and relocated.
3. That the street into the development off of S.W. 79th be 50 foot
right-of-way with fu11 local standard improvements wa:th �
street plug until S.W. 79th is improved from Durham north to
Bonita.
��-- 4. That the fill of the flood plain be allawed on.ly to the 130 foot
contour. That construction in the tlood plain will be accomplished
in a manner not to reduce �he tatal capacity of the flood plain.
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AGENDA 5.1
�r:
TIGARD PLANNING COMMTSSION
April ]:7, 1979 - 7:30 P.M.
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. 5. That the total number o£ dwelling units be limited to 42 and that
the make-up of the dwelling units be decicled at the general plan
review.
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6, That the applicant submit an agreement of dedication to the City �'
along the flood plain areas as a "Greenway" t�irough applicant's
property.
7. That the applicant renew S.W. 79th after construction to the Same
or better condition as it is in presently.
3. On January 22, 1979, fihe City Council heard the appeal by the applicant
for an amendment to the conditions on the projeat concerning density,
st.-e'ets and flood plain. The City Council's action remanded the project
back to the Pl.anning Commission at the preliminary plan ancl program
level (see January 22, 1979 Ci.ty Council minutes attached.)
4. The present application proposes to develop 14 single family, two
. attached single family, four duplexes and 41 townhouses; for a total
of 67 dwelling units. '
5. Section 18.56.110 of the Tigard Municipal Code provides the density
factor calculation as follows:
�,;. Gross acreage of site: 13.42 (total acreage of the subject site) "`
minus non-residential -8.19 (flood plain) ('
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buildable acres: 5.23 Subtotal of net acreage
Divide the above subtotal by 20�: 5.23 - 2Q� = 4.18 total net area. �
Divide the total net area (in square feet) by the under7.ying zone in �;
in sguare feet: 182,080.80 z 7,500 sq.ft. = 24.28 dwelling units per
net area
Add a 10% increase by multiplying the dwelling unit number by 10�:
24,28 x 10� = 26.71 total dwelling units permitted on site. �
In accordance with this section the subject site is allbwed 26.71
dwelling units. �
The applicant is proposing 67 dwelling units. Therefore, the proposed
number of units is 40.29 dwelling units above the maximum allowable. �j
6. The site is presently vacant with a combination of heavily �
grouped 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.
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7. The surrounding land uses are single family units to the west across S.W. ;
79th Avenue, south, east and northwest; with apartment units north along �
S.W. 76th Avenue, t
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8. The existing roads that wi11 support �he distribution of traffic �
circulation for this project are S.W. 79th Avenue & S.W. 76th Avenue. 1
� Both streets are substandard with limited paving, no curbs, sidewalks a
or improved surface drainage facility. ;
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AGENDA 5.1 i;
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TIGARD PLANNING COMMISSION
April 17, 1979 - 7c30 P.M. �'
� Page 3 `,I
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9, Sewer will be extended from the Fanno Creek interceptor 7.ine which ''�
runs along the eastern edge of the property. Water service will be !;:,�
supplied from S.W. 76th Avenue and S.W, 79th Avenue by the Tigard ;'
Water District.
10. 8.19 acres of the subject site is within the Fanno Creek flood plain
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area and Greenway system and is therefore, non-buildable .
II. Conclusionary Findings:
1. Both S.W. 79th Avenue & S.W. 76th Avenue 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.
2. The Planning Commission should seriously consider the policies and
intent of NPO #5 Plan in relation to density and development character
in this residential area.
Policy 3. Development will coincide with the provision of public
streets, water and sewerage facilities. The.se facilities shall be
(a) capable cif adequately serving a11 intervening properties as we11
as the proposed development and (b) designed to meet city or county
standards. `!
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Policy 4. Plarined unit development will be enco.uraged on tracts large r
enough to accommodate ten or more dwellings. Planned unit development �
will permit a degree of flexibility in design that will enable a I�
higher quality of development in accordance with zoning standa•rds. �:
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Policy 9. When developments are proposed in the urban lnw density area
for sites which include identified natural features worthy of
preservation, the planned development concept sha11 be utilized if '�
the PC determines it the best method for preservation.
3. The encroachment onto the flood plain was previously conditioned to
be restricted to the 130 foot contour level.
{
III. Staff Recommendations:
Sta•`f recommends approval of the preliminary plan and program subjeot to the
following conditions:
1. That five (5} feet o£ right-of-way be dedicated to the City .with half
street standard improvements to be made along S.W. 79th Avenue.
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2. That the present right-of-way of S.W. 76th Avenue through the develop- !"
ment be vaeated and relocated with improvements to local street city �';
standards (34 feet of paving with sidewalks) ,
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3. That the street into the development off of S.W. 79th Avenue be 50 foot
right-of-way with fu11 local stanc�ard improvements with a street plug �;:
until S.W. 79th Avenue is improved from Durham Road north to Bonita Road. i!
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` STAFF REPORT
i
I AGENDA 5.1
TIGARD PLANNING COMMISSION
Page 4
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 27 and that
the type of the dweiling units be decided at the general plan � `
review.
6, That the applicant submit an agreement of dedication af the 8.19 aeres
to the Cit,y along the flood plain area as a "Greenway" through the
applicant's property,
7. '.P'ha�:the applicant renew S.W. 79th ,Avenue after constr_uction to the same
or better condition as it is in presently.
8'. That fire hydrants be placed 250 feet apart.
9. That the greenway area especially in regards to the standing water '
pond be drained with a subsurface retenti;on system.
10.: That the driveways abutting S.W: 76th Avenue be set back adequately
to allow safe approach onto the street.
11. No ehanges will be made to approved plans or s�ecifications unless
formal application is made to the appropriate department and chanc�es
are approved vy that department. App].ication .for changes wiT1 be
�.,�, made in writing and shall include applicable drawings, engineering
specifications anc� ather details reques�ed by the department: No
construction shall take place in these ins�ances until after the
changes have been approved, Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the pr�ject.
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Report prepared by: Ken Selby Re�riewed bys Ald' ward �
Associate Ci�y Planner P1 Directar F
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, Daug Smith, 12820 S.W. 1Q7 Court, Ti�az�d� Oregon, objected sayino �
that new marerial (i.e. - a change in the .proposed development raay ";�
not be introduced) could noC be iatroduced.. Ke went on to say tha:t `�
Y �V the aopeal was the wrong process; the project s�ould be pzesenCed Ca •
the Plannino Co�ission aQain.
�ene Ginther, I7eveloper, reEerred to P. 37 of the transcxipt, s�ati.ng . .
that the appeal procedure a�as correcC.
(c) Motion by Couneilmarc Cook, seconded by Councxlman. Brzan to reaand �o
the Placxning Cor�ission. .
� ltenanded by 4 to 1 vote, Councilman Bri.an v�ting �1ay. �. �
(d) Joh:� Avery, a member of NPO 1�5, c�¢iplaa,n,�cl about th� lack of noti£ica,-
tior� �o the NpC1 on Chis prnject. �
PUBLIC HEARING �
22. SEL �TION OF CONSULTING �NGTPI�ER �'0 CO��DUGx TRA.FFIC SAF T`I STUDY
(a) 'ty AdminisCrator sazd �ha� �he letter o� i.r���. � had been sent to
th O�egon Traffic Sa�ety Co�cission and furcd�,:z`n� paszbili.Cies l.oaked
favo�rableo He went on to say that the nexty:��step was to select a con-
' sult � enbineer and uta�.2 fora�al ;rartt ag�'Iication. He recotmnended
STRA.�4�`�nai�eering be engagec� for the �,roaect.
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(bj RESOLUTION�,,vO. 79-17 A RESOLUTIO��I,.,�'ATJTH�RIZI�TG �IF 2,PPLTCATTOI� EOR
�° ��`� � A TP..�FFIC�,S�F�TY GF�tT A.Iv� SELECT7NG 'P'HE Cf��'--
5ULTIVG �IGIVE�R FQR A 'TRA.FFTC SAFE'�'X PP.O.TECT. �
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Motion by Council�n Brran,. eeonded by Councilaan Cook to approve. .
A roved b unana.mo s v�o�e a� Council.
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23, S.W. Kr�T'riERIiV� STRE�T S IT�Y 5�4�R AriD S�QRP4 DRAIN L.I.D.
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(a) City Admzni,strat�,P r recaua�e�nde�. that if Cvuncil was interested in
pursuing the I,�TI.D., the ne.xt �tep aras to selec� an engineer and get I
� greliminary �ast estimates.��Citq Admi�zis�rator xeco�ended Harris
& McMonagle-9 Consulting Engrs'�
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(b) Motion.�"p Cauncilman Cook, secoric�ed by CounciL��r�man Stimler ta '
autho��ze s�ekina przli�inarjr cost,,�esti�.ates fron Harris & .t�:ct�IoZagle. _
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A �rov�d by unanimous vote of Counci�, � : �
24 . POL C� pATROL CAR BIDS - .�
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�, a) City Adminis�ratox recou�ended acceptance f �he Car.Ison bid. � � - � '�
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PA�E 6 - REGUL��R CQtJ��CIL MINU'i'�S - January 22, 1979 , � .
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�� �. Uc►ug`��Smith, 12820 S.��I. 107 CourC, Z'i�ard, Or�gon, objec�ed saying �
that new material (i.e. - a chan�;� in the proposed developmeat nay . ;',�
not be introduced) could not be i�troduced. He went on to say that ,,;�
the. appeal was the wrong grocess; the proje�t should be p�es�need ta � �� {i
the Plar�ning Co�ission again. I
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Gene Gin�her, Ueveloper, reFerred Co P. 37 0� the tranacri.PC, sr�exn� . . i
that the appeal procedure a�as corzect. , ll
(c) Moti.en by Councilman C��k, seconded by Counc�.lman. 8rzan to xerand L-a �
the Planning Ca�ission. • i
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' Rem�nded by 4 to 1 voCe, Coun.cilman Brian votiug Nay. - - �
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(d) Johit Avery, a mem�ex of i��'0 1r5, con�plaiz��d about th� lack G� n,otif��a�- I
�ior� to the NPL� on Chis pro ject. �
PIIBLTC HEARZNG
22. 5EI� CTION dF CONSULTIN� EYGZP7�ER TO CO�TDUC� TRAFFIC SA� T`i ST[J�Y
(a) 'ty Administrator said. tha� Che letter of ine� t had been s�riz to
th Oregon Traffi� Safety Co�ission aad fun zcig pasibil�Cie� laoked.
favo able. �Ie went on to say that the nexr�s�tep was ta selec� z con,-
sulti� engineer and Btake £ormal tlrant a�,pp''Li.cation. He xe�onunen,ded
� STP.A�4 ngineering be enb2�ed For the gxo�e�t.
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(b) RESOtUTIO �0. 79-Z7 A RESOLUTION%ATJ'I'HORIZI�?G T'HE AP�I,T.CATTOiv FOP. � ,�
� � A TR4FFIC���'�TX GR..A�.VT �'il SEL�,CTING 'I'Fi� CQY-
SULTI�TG ENGI�TEER FOR A TRAFFTC SA���`k PP�OJF�T. •
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Motion by Councilman Brian, -se/conded by Counc�.Irnan Cook to approve. .
Approved by unanimous vafe of Council.
23. S.W. K�T'tiERIN7:, STRE�T S�t.�Y' S�LdER AND STORM DRAIN L.T.D.
(a) City Administra�eco ��a�a that if Cauncz7. was interested in .
gursuing the L.�.D., Cha n�xt step U�as to select an engi,neer and get
• greliminary �ost estimares �City Administrar.or xeco�ended Harxis
& McMana�; Consulting Enors�
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(b) Motian�y Councilman Cook, seeor.ded by Councilc�roman Stimler to '
autho �e s�e�.ing pr�lz.�in,arp cos��esti�ates Proz Harris u i�:c2�oaagle.
��e
A�.praved by unanimous vote of Counci}�. �
24. POL �CE PATR�L CAR BIDS . �
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a) City Adaiinistrator recom¢aended acceptance • f the Carlson bid. � ' '
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pAGE 6 - REGULAR COUi3CII. MINUTES - January 22, 1979 , ,
STAFF REPORT
AGENDA 5.2
� TI�ARD PLANNTNG COMMTSSTQN
April 17, 1979 - 7:30 P.M.
Fowler Junior High School - I,e:cture R,00xn,
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Condii.ional Use CU 7-79 - Veterinary Hospital
(Ref. : TU 1-79)
Applicant: Dr. Alva L. Roberts, Jr., D.V.M. Owner: Lee Cunningham
12530 S.Wo 5cho11s Ferry Road 12530 S.W. Scholls Ferry Road
Tigard, Oregon 97223 Tigard, Oregon 97223
Application Date: March 5, 1979
Site Location: 12530 S.W. Scholls Ferry Road (Wash. Co. Tax Map 1S1 33�D,
'portion of Tax Lot 2400)
Request: For a conditional use permit to operate a veterinary liospital in a
CP "Commercial-ProfessionaY" zone on a 0.4 acre parcel.
Previous Action: The applicant has been granted a sixty day (60) temporary
use permit by the City Administrator- from March lst to
April 29, 1979.
I. Findings of Fact:
le The subject site is designated "Commer.cial-Professional" on �the
NPO #7 Plan.
2. The applicant proposes to xemodel an existing single family residence
into a veterinary hospital on a temporary basis until a permanent
structure can be constructed. Appliaant projects that the develop-
ment time will talce approximately 36 months.
3. Applicable policy's from NPO #7 Plan:
"5ite and. Supportive Services Improvements" - Policy 17 (p. 7)
"Commercial-Professional" Sites - Policy 18 (p. 7)
4. SubsPCtions five and eight of the Tigard Muniaipal Cade (Section
18.40.010) permits the veterinary hospita]. use if found to be
" similar in use to a medical facility by .the Planning Commission.
5. The site is adjacent south of Scholls Ferry Road. There are four
structures on the site. Two of the structures nearest Scholls
Ferry Road will be used by the applicant. One structure will be
used for storage and the other structure will be used for office
and hospital use. The 5ite is relatively flat.
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AGENDA 5.2 i
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TIGAI2D PLANNING COMMISSION
Apri1 17, 1979
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6. To the west and south of the subject site is the Summer Lake
Planned Development. To the east is apen space designated on
the NPO #7 Plan as commercial-professional. To the nor�h across
Scholls Ferry Road are single famil�r units in the City of Beaverton.
7. Sewer and water services are available to the site. The site
presently operates on a septic tank capacity.
8. Southwest Scholls Ferry Road is a state highway and it wi11 serve
as the primary traffic carrier to the site.
II. Conclusionary Findin�s:
1. The applicant's request is in keepa.ng with the designated NPO #7
� Plan for commercial-professional use.
2. The veterinary hospital is similar ta a medical clinic in that,
the traffic vo�ume, hours of operation, patient visit time,
equigment and medicines used are c�mparableo
3. The Qreqon Department of Transportation (ODOT) has stated that the
requested use will not create an adverse traffic problem ta S.6V.
Scholls Ferry Road.
4. The buildi.nigs on the site are presently served by a septic tank
system. Therefore, an inspection and testing of the system must
be comp7.eted prior to issuance of building permits.
III. Staff Rea�mmendations:
5taff recommends approval subject to the following conditions:
1. That a zone �hange be granted for "conenercial-professional" use
as desiqnated by the NPO #7 Plan.
2. That an acceptable sewerage sys�::em be provided canforming to
state, county and city regulations.
3. That construction und drainage plans be submitted and approved by
the City Engineer and Building Departments prior to issuance of
building permits.
4. That the applicant receive site design review approval for
landscaping and site plan.
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AGENDA 5.2
TIGARD PLANNING COMIMISSION ,
April 17, 1979
� ' Page 3
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5. No changes will be made to approved plans nr specifications unless
formal application is made to the appropriate degartment and changes
are approved by that department. Application for changes will be
made in writing and shall include applicabl.e drawings, engineerang
specifications and other details requested by the department. No
.construction shall take place in the�e instances until after the
changes have been approved. Any deviation fram this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
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Report prepared byz Ken Selby Reviewed by: A1 ' o ard
Associate City Planner P ing Director
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MQNTHLY REPORT
PLANNING DEPARTMENT
MARCH 15, 1979 - APRIL 15, 1979
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CURRENT PLANNING
The following projects were acted on by the Planning Commisson over the
past month.
ZONE CHANGES:
Zone Chanqe ZC 3-79
Applicant: Geo�ge and �1ase Husvar ..
Request: For a zone map amendment from Wash, Co. RU-4 to City of Tigard
R-7 "Single Family Residential" zone on a 0.91 acre parcel.
Site Location: Located at 14200 S.W. 97th (Wash. Co. Tax Map 2S1 11BA,
Tax Lo� 100) .
Action Taken: Approved an March 27, 1979 '
Zone Change ZC 4-79
Applicant: Richard and Judith Stack .
Request: For a zone map amendmen� from Wash. Co. RU-4 to City of Tigard
R-7 "Single Family Residentia7." zone on a 0.47 acre parcel.
Site Location: Located �t 9840 S.W. McDonald Street (Wash. Co. Tax Map
251 11BA, Tax Lot 601) .
Action Taken: Approved on March 27, 1979
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Zone Change ZC 5-79
Applicant: Peter and Carrie Janzen
Request: For a zone map amendment from Wash. Co. RU-4 to City of Tigard
R-7 "Single Fami7.y Residential" zone on a 4.43 acre parcel.
5ite Location: Located at 9910 S.W. McDonald Avenue (Wash. Co. Tax Map
� 2S1 11BA, Tax Lots 600 & 700) .
Action Taken: Approved on March 27, 1979
Zone Change ZC 7-79
Applicant: Billy & Mary Burnam �
Request� For a zone map amenclment from Wash. Co. RU-4 to City of Tigard
R-7 "Single Family Residential" zone on a 2.9 acre parcel.
Site Location: Located at 14235 S.W. 97th (Wash. Co. Tax Map Zsi a.isA,
Tax Lot 1000) .
Action Taken: Approved on March 27, 1979
Zone Change ZC 2-79
Applicant: Lindal Cedar Homes
Request: For a zorie map amendment from Wash. Co. RU-4 to City of Tigard
CP "Cammercial-E�ro�essional" zone vn a .344 acre parcel.
Site Location: I�ocated at �.he corner of Gonzaga Street & S.W. 66th (Wash.
� Co. Tax Map 2S1 lAA, Tax Lot 72U0) .
Action Taken: Denied on March 27, 1979. City Council. to hear appeal on
April 23, 1979.
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MONTHLY RE�ORT �
' PLANNING DEPARTMFNT j
MARCH 15, 1979 - APRIL 15, 1979 • �
PAGE 2 '
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CURRENT PLANNING CONTINUED: `''� �
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Zone Change ZC 8-79 �
Applicant: Ed Gause I
Request: For a zone map amendment from City of Tigard R-10 to City of i
Tigard R-7 "Single Family Residential" on a 1.45 acre parcel. ;
Site Location: Located east of S.W. 110th Avenue at the west end of S.W. !
Garden Park Plac� (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1301) .
Action Taken: Approved on April 3, 1979.
Zone Change ZC 1-79
Ap,plicant: Mr. Way W. Lee
Request: Far a general plan and program review of a general-commercial
planned development and a zone map amendment from City af Tigard
R-7 to City of �'igard C-3 PD zone on a 5 acre parcel.
Site Location: Taocated on S.W. 69th Avenue (Wash. Co. Tax Map 1S1 36AD,
Tax T.,ot 6502 (southern portion) ) .
Action Taken: Approved on April 3, 19?9.
CONDITIONAL USES:
Conditional Use CU 37-78
� Applicant: Kenneth Allison .
'� Request: For a conditional use permit to build a single family residence �_,,.
and an 11 unit apartment complex in a C-3M "Main Stree� Commercial"
zone on a 0.91 acre parce�.
Site Location: Located 284 feet from Pacific Highway on Mackenzie Avenue
(Wash. Co. Tax Map 2S1 2AC, Tax Lot 2000) .
Action Takenz Approved on March 27, 1979.
Conditional Use CU 6-79
Applicant: Robert Randall Co.
Request; For a conditional use permit to operate several businesses in a M-4
� "Industrial Park" zone on a 5.56 acre parcel.
Site Location: Located at 8900 S.W. Burnham (Wash. Co. Tax Map 251 2AD,
Tax Lats 2200 & 2300) .
Aation Taken:. Approved c�n April 3, 1979.
CUi:PFNT pI,ANNING
The following projects were acted on by the Planning Director over the past month.
MINOR Y.,AND PARTITIONS:
Minor Land Partition MLP 1-79
Rpplicant: Ma_rie B. Louis
Request: To alter the boundary lines between two tax 1ots. • ,,j„�
Site Iacation: S.W. Garden Place and S.W. Pacific High,way �"�i','�
Action Taken: Approved with conditions on March 20, 1979.
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�` MONTHLY REPORT
� PLFINNING DEPARTb7ENT
, MARCH 15, 1979 - APRIL 15, 1979
�'" PAGE 3
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CURRENT PLANNZNG CONTINUED:
Minar Land Paxtition MLP 19-78
Appl.icant: Jozsef Sandor
Request: To parti�ion a .62 acre �arcel into three additional lots.
Site Loca�ion: 9135 S.W. NortYi Dakot•a Street.
Action Taken: Approved with conditicins an April 3, 1979.
SITE DESIGN REVIEW:
SDR 1-79
Applicant: Pietra's Pizza
Site Location: 13405 S.W. Pacific Highway (Wash. Co. Tax Map 2S1 2CB,
' Tax Lot 1802) .
� Request: Site Plan and architectural review of a 3670 sq. ft, restaurant.
Action Taken: Approved with conditions on March 20, 1979 ,I
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SDR 2-79 �
Applicant: Trademark Homes
Site Lc�cation: 72nd & Sandburq i
Request: Site plan and architectura'1 review of (2} 11,438 sq. ft. office s
�� buildings. �
A�tion Taken: Approved with conditions on April 4, 1979.
SDR 3-79
Applicant; N.W, Engineering
Site Location: 14835 S.W. 72nd Aventze
Request: Site plan and archit;ectural revi.ew �f an offi�e warehouse.
.Action Taken: Approved with conditions on March 9, 1979. �
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SDR 6-79 ��
Applicant: Tradewell. Markets •;
Site Location: S.W. Main Street ' t
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Request: Exterior color approval. �
Action Taken: Approved with conditions on March 'L7, 1979. �
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5DR 7-79 �
Applicant: Smith Ri.chie Corp. �
Site Location: Fir Loop, Lot #7 �
Request: Site plan and architectural review of a 6,000 sq. ft. office warehouse. �
Action Taken: Approved with conditions on April 4, 1979. `
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��' MONTHLY REPORT
�� pLANNING DEPARTMENT
� •� MARCH 15, 1979 - APRIL 15, 1979
PAGE 4
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CLIRRENT PLANNING CONTINUED:
SDIt 8-79
Applicant: Portland Employees Federal Credit Union
Site L�ocation: 69th & Hampton
Request: Site plan and a�chitectural review of a 2I,675 sq.ft, office
building.
Action Taken: Approved with conditions on March 27� 1979. • .
SDR 1.2-79
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Applicant: Ha7.l.berg Homes, �.
Site Location: Hunziker Roac� at 72nd Avenue
Request: Site plan and architectural review of 7.6,OOQ sq.ft, office complex.
Action Taken: Approved with condition an April 3, 1979.
SDR 1.0-79
Applicant: Qualico
Site Locat.ion: Orain Street
' Request; Site plan and architectural review of a 20,600 sq.ft. retail complex.
Action Taken: Tabled pending decisian on flood plain fill permit
application. Apri1 2, 1979,
SDR 9-79
Applicant: Timber Operators Council �..w
Site Ir�cation:. 6025 S.W. Sandlaurg Street
Request; Site plan and architectural review of a 5,400 sq. ft, office addition.
Action Taken: Approved with conditions on April 2, 1979
SDR 13-79
Applicant: Avis Truck Rental
Site Location: Greenburg Road & 217
Request: Site plan and architectural review of a 1.31 acre truck rental
facility.
Action Taken: Appxoved with conditions on April 5, 1979
SDx 15-79 �
Applicant: Page Stevens
Si4e Location: S.W. Burnham Street
Request: Site plan and architectural review of 3.25 acre boat sexvice
and sales complex. .
Action Taken: Approved with condition on April 9, 1979.
SDR 19-79
Applican�: Colurnb:ia Haxdwoad
Site Location: 12700 S.W. Ha11 Blvd.
Request: Site plan and architectural. review o�' 35,125 sq.ft. new lumber
storage area.
Action Taken; Denied on April 13, 1979. �.;�,,
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i` MONTHLY REP4RT t
� PLANNING DFPARTMENT �
. `� MARCH 15, 1979 - APRTZ 15, 1979 t
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• CURRENT PT�ANNING CONTINUED: �
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SDR 34-78
Appl�.cant: Mercury Development �
Site Locati.onc 121st & Scholls Ferry Road . . ''
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P,�quest: Site plan and architectural revi.ew of a 7.0 acre shopping center, f'.
Acticax Taken: Approved with conditions on Niarch 16„ I979 i'
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SDR 45-78 - . � ��
AppI.ican�: Warlick Construc�ion Co. (Y
Site Location: 7415 5.W. Boni.ta Road � i
Request: Site plan and architectural review of a 48 unit apartment complex. �'
Action Taken; ApProved with conditions on March 19, 1979. �;
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��� followin ro'ect was acted on b the Plannin Commission over_ the past month. !
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2one Change ZC 6-�79 i'
Applicant: Ronald & Anna Lautt ;
Request: For a zone map amendmen� �'rom Wash. Co. RU-4 to Cii.y of Tigard R-7 t
� "Single Family� Residential" zone an a 2.5 acre parcel. j
Site Location: Located at 14110 and 14140 S.W. 97th (Wash. Co. Tax '
Map 2S1 11BA, Tax Lots 101 & 105). �'
,�" Action Taken: Approved on March 27, 1979.
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Chapter 18.57
Sensitive Land Coneiderations j
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Flood Plain, Drainageways and Greenways �
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18'.�7.010 State_ment of Intent. Sensitive lande are lands poten- �''
tially unsuitable for developmen.t because of location within the 100- � j
year flood plain, within a natu'ral drainageway, or on steep slopes. �p,
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Sensitive land aY�eas are designated as such in order to give recog- C
nition to the need to protect the public health, safety and welfare �'
of t.he community through the regulation and control of . lands �
within floodpl.ain, draina�eway, and steeply-sl.oping land areas, and +'�
to thereby mitigate potential financial burdens arising from �lood
damage loss and to preserve natural drainageways from encr.oac.hing �
uses which threaten to adverseZy affect the property rights of the
� citizenry of the community, public safety, and the publi.e health by �
natural conditions arising from upstream or downstream flood levels.
City actions under this ordinance will recognize the rights of
riparian owners to be free frora invasion of f1�od or water intrusion
and damage caused by acts or omissions to act on the part of the City,
its Commissions, represenfiatives and agents, and landawners and
occupiers.
The floodplain district has for its purpose the preservation of
natural water storage areas within the floodplain district by dis-
couraging or prohibii;in� incompatible uses.
18.5'7.020 Uefinitions. Tn this cY►apter the followin� words and
phrases shall be construed to have the specific meanings assz.gned to
them as follows: �
(1) "Fill'� means any act by which earth, sand, gravel, rock or any
other similar material is depobited, placed, pulled or trans�orted, and '
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includes the conditions resulting t.here�rom.
� (Z) °Flood�� means a temporary rise 3.n stream flow or stage that
resul.ts in water overtopp3.ng stream banka and inundating land adjacent
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� the normal flow of water t.hrough the stream channel. �
(3) "Floo!� hazard�� means an immediate danger to property or health 6
as the result c�f inundation of the floodplain. �
' (4) '�Floadplain�� means the relatively flat area or lowlands adjoining �'
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the channel of a river, stream, watercourse ox^ other body of water which �
has been or may be covered by floodwaters within the area nf applicability �
defined by the f].00dplain district.
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(5) "Floodplain district�� means those areas within the City of ;
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Tigard inundated Uy t.he one hundred year regulatory flood. ji
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(6) "I'lood surface elevation." Those elevations depicted on the j:
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floodplain series maps are based on mean sea level datum, and their loca— i.
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tions are aiz indication of the surface elevations a't that location. ;:
(7) "Obstruction�� means any dam, wall, embankment, levee, dike,
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pi1.e, abutment, projection, excavation, channel madificati.on, bridge, f
conduit, cul.vert, building, gravel, refuse, fill, structure or matter i.n, ;
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along, or across or projecting into any channel, watercourse, or floadplain '
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,.,. drainagevrays areas �vhich may impede, retard or change i;he direction of the �
��- flow of water, either in itself ar by catching or collecting debris carried �I
by such water, or that is placed where the flow of water might carry the i
same downstream to the damage of health or property.
(8) '�Regulatory flood'� means the flood used to define the outer
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boundary lines of �he floodplain district. The maximum flood predicted C;'�
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to occur within each one hundred years. f'!
(9) "Steeply sloping lands" are portions of the ground surface which �^�
have a slope of 12% or �reater. ��
(10) "Structure�� means constructed edifice, basiier or buildin� of jr
any kind, or any artificially built up or composition of physical parts t''
adjoined together. ���
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(11) "Drainageways" are defi.ned as those areas which corsvey signifi— (?;
cant seasonal concentrations of water over the surface of the land. }`
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18.57.030 Permitted uses. Except as provided by Section 18.57.0�.0, �
only the following uses shall be permitted witha.n the sensitive lands: ��
(1) Floodplain District and Drainageways:
a) Accessory uses such as lawns, gardens �unpaved play areas �,'
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which do not substantially obstruct flood waters. �
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�, �) Agricultural uses conducted without locating a structure in
the floodplain district.
c) Community recreational uses such a� bicycle and pedestrian
paths, archery ranges, or unpaved athletic fields or parks.
d) Public and private conserva�ion areas for water, soil, open
space, forest or wildlife resources. )����
(2) Drainageways:
e) Noxious ve�etation provision. � ���57��`�v �r '�
a) Fence� which do not substantiall.y obstruct fl.00dwatere.
(3) Steeply sloping lands: b� Noxious vegetation provision. �u-�
a) Low—intensity recreational uses such as bicycle and pedestrian
paths.
b) Landscaping or gardens which provide substantial ve�etative
cover.
c) Public and private conserva�ion areas for water, soil, open
space, forest or wildlife resr�urces. Q w�.,
d) Noxious vegetation provision. ���`
1�.�70040 iJses and act:ivities requirin� a special permit: The
following uses and activities are a].lowed only by special permit granted
� by the Plannin� Commission and based on the standards set fort.h in Sec—
' tion 18.57.060.
(1) Within floodplains, dra3.nageways and steeply sloping lands:
a) Fillingo
i b) Off street parking and maneuvering areas, accessways and
service drives located on the ground surface.
c) Roadways, bridges or utility facilities.
d) Dumping of garba�e, rubbish, debris, junk, or other solid
wa�te.
e) Excavating.
f) Removing any live vegetation other than poison oak, tan�y
ragwort, blackberry or any other noXiOUS vegetation.
(Z) Within steeply s'loping lands:
a) Subsurface sewage disposal, septic tanks and drain fiel.ds.
�3) Wi�hin the flaodplain:
a) Any temporary structure which by its nature cannot be readily
removed from the floodplain area during periods of floodin�, and which would
� significantly impede or interfere with the flow of floodwaters within the
district.
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�, b) �ny change in the topography or terrain whic.h would have a
substantial tendency ta change t.he flow of waters during flooding periods
ar which would increase the flood hazard ox alter the direction or velocity
of the floodwater flow.
18.57.050 Nonconformin�uses. Any pre-existing condition or structure
wit,hin the sensitive lands district is subject to the provisions of
C.hapter 18.68 of this Code.
18.5�.060 Special �ermits or exceptions. In accordance with the
procedures and requirements se� forth in Chapter 18.84 of this Code, an
app],ication for a special use permit filed as by said chapter sta�ed may
be approved or denied by t.he Planning Commission fo].lowing a public .hearing.
A7.1 applications for a "Special Use Permit�� shall be supported by the
follotving information to enable t.he Plannin� Commission to adequately
determine whether the proposed use is located in the floodplain or drain-
ageways district and if so, whether the proposal, i.£ approved, will conform
to the purposes and �uidelines as set forth in this chapter.
A. Floodplain:
�� 1) Plans drawrx to scale, submitted in triplicate as prepared
by a registered professional engineer with experience in hydraulic and
hydrologic principles and processes showing the nature, location, dimensions,
elevations and topography of the site; the location of existing and proposed
structures located upon t.he site, existing and proposed fill areas, and the
I relationship of these to the location of the stxeara channel and proposed
methods for controlling erosion.
2) Any documentation, phatographs, tvater marks, and similar
evidence offered 3.n support of the claim that the site or area in question
lies above .high wa�er as defined 'by the re�ulatory flood.
3) Application for a special permit sha11 be granted or denied
in accordance with the following standards:
a) No structure, fi11, storage or othor uses sha11. be
permitted which al.one or in combinati.on with existing or proposed uses
would reduce the capacity of the floodplain area o1eraise the flood
surface elevation on upstream or downsi;ream property; or create a present
or foreseeable hazard to public .health, safety and general welfare.
� B. Drainageways:
Planfi drawn to scale, submitted in �riplicate as prepared by a
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4/9/79 Draft Ordinance Chapter 18,57 '
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qualified regzst�:red professional engineer showing the nature, loc:ation,
dimensions, elevations and topography of the site; the locata.on of existing
and proposed structures located upon the site, existing and proposed fill
or excavated areas, and the relationship of these to the location of the
stream chan,nel (if any), and proposed m:ethods of cUntrolling erosion;
a) The proposed action will. not adversely impact runoff,
erosion, ground stability, water quality, ground water level, or floodin�.
.. b) The applicant has the permit required by tY�e State of Oregon
under ORS Ch.apter 541 f�r removal or filling of waterways, or demons't.rat-
ing that the provisions of this statute do not apply.
C. Steep slopes•
1. Plans drawn to scale, submitted in triplicate as prepared
by a qualified registered professional engineer showing the nature, loca-
tion, dimensions, elevations, and topography of the site; the location of
existin� and proposed structures located upon the site, existing and
proposed fill or excavated areas, and proposed metlxods of controlling
�; erosion;
2� Affirmative documentation that the proposed action will not
adversely i.mpact runoff, erosion, ground stability, water quality, ground
water 1eve1, or flooding and that the site can support the proposed
modification or structure as designed.
(Sections 18.5?0.070 - Standards, and 18.57075 - Treatment of created ;
hardships, are deleted.) ?
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Chapter 18.56
Planned Development District (P-D)
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18.5C�.010 Purpose. Add the following sentence; I
��Finally, it is intended to insure that development of sensitive
lands shall be carried out in a manner which protects the health, �afety �
and welfare of the community.��
Add a new section:
1�6.01� Sensitive lands. Al1 parcels c�ntaining sensitive lands
must be rezoned as Planned Development Distrir,ts before any future devel-
opment raay take place on the sensitive lands portion.
Rewrite:
18.56.110 Densi�. In order to preservs the integrity of the
��- comprehensive plan and rela�e it to the planned development, the number
. of dwelling units permitted shall be determined as follows:
(1.) Staff will deterrnine the buildable land portion of the total
, property involved whict� does not lie within the floodplain, steeply
i slopin� land�, or drainagewayo
(2) Divide the bui"ldable land portion by the minimum lot area per
dwelling unit required by the underlying district or districts in which
the planned development is loca�ed, and subtract 20 per cent.
(3) Up to a 20 per cent increase will be considered above the
maximum allowable density of the underlying zone for that portion of the
buildable land as determined by Staff. However the number of units may
not exceed the number that would be permitted in the absence of a planned
unit development di�trict.
(4) In other than residential developments, allowances sha11 be
considerod by the Planning Commission for open space dedication. Addi-
tional allowances can be for greater land coverage for commercial bui].dings,
additional building height, or increased parking spaces. The allowances
�.. shall not exceed the maximum d.evelopment that would be permitted for the
entire parcel in the absence of a planned unit development district.
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� D R A F T — Planned Development District — Chap. 18.56
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��, (5) In determining the percentage 3.ncrease in units or the addi.tional
allowan.ces, the Planning Commission shall grant density or allowance
increases which most closely compensate the owner of the land .for any
uses which are foregone because of the dedication or uridevelopment of
open space lando
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, STAFF REpORT
AGENDA 5,3 7 '1I'I
TIGARD PLANNING COMMISSION �'�
April 17, 1979 - 7:30 P.M. �.
P:
) Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon ;°
Docke�: Miscellaneous - Extension of S.W. Durham Road
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Applicant: Washington County
Public Works Department ,?
150 N. First Avenue
Hillsboro, Oregon
Applicatiorx Date: March 6, 1979
Si`te Location: From the southeast corner of S.W. 79th & S.W. Durham Road to
the intersection of Lower Boones Ferry Road
Request: To realign S.W. Durham Road to intersect with Upper Boones Ferry
Road
Previous Action: Mr. Tom Spear of Washington County Public Works Department
appeared before the City Council in December at a study
session to discuss this issue. The City Council directed that
this issue be k�rought before the appropriate NPO, and the
Planning Commission. On April 5, 1979, Mr. 5pear addressed the
� the NPO #5 Committee. Ck71y one member of the ten members
contacted attended this meeting. The member commented: "The
� quality of life will be affected, There are other alternatives
such as, extending the road through the rock quarry. The `
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NPO Committee consiclered the S.W. Durham Itoad issue at the
time of adopting the NPO, and the present alignment is how the k=
the Gommittee wants it!" ��a
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I. Findings of Fact:
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l. The existing alignment of Durham Road reflects the alignment desired �
by the neighbors and the NPO Committee in the area '
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2. The county has the legal jurisdiction and funding ability to build
the road as they choose.
3. The real issue is the expressed desire of NPO #5 membership when that i?j
particular plan was developed. In this instance the County will �'!
make the ultimate decision on this realignment, and wi11 respond to
the "expressions" of NPO #5.
Staff feels that this issue has been given adequate public notice,
and when only one person from the NPO area attended a special meeting '
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it would indicate one of two things: (1) either the NPO has spoken
once and is relying on the City to "honor" their plan, or (2) that +'
nobody is genuinely concerned about this issue now. �'
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From a planning persgective it seems appropriate to reaPign and improve t^
�;�' Durham Road. ��
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� STAFF REPOR� i
AGENDA 5.3
, TIGARD PLANNING COMMTSSTpN
April 17, 19?9 - 7:30 P.M. t ; l
Page 2 '
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The tremendous increase in traffic throughout this community h�s , ' ;
nacessitated a major shift in our approacfi. Quite naturally the i
NPO did not want to change Durham Road, but that was a decision ,
made wi�:hout regard for Durham, Tualatin �r Sherwood developments I
or the large industrial installations on S.W. 72nd Avenue.
Staff feels an obligation to the NPO's, but must balance this
obligatian with the reali�ies of growth and therefore the increase
in traffic.
Washington County has planned to improve Durham Road and this
realignment has been an important segment of that plan. Obviously
it was an issue which the NPO discussed.
' III. Staff Recommendation:
I Staff recomm�nds that the Planning Commission should hear the county
representative, and make recommendation to the City Council.
Report prepared by: Ke Selby Reviewed kay: Ald oward
� Associate City Planner P1 i g Director
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MFMORNADUNI ' � �
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To: Planning Commission�rs
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Eram: Aldie Howard . ::: �
. Planning Director ,:;.�i
5ubj: Preliminary Dra£t Ordinance - Mul�i-Purpose Warehouses : - �
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Please review the attached ordinance for approval by the Pl,an,ninq Commission (
at the regular meeting of May l, 1579. � �;
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CITY OF TIGARD, OREGON
'I ORDINANCE N0. 79- O .
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AN OftDI�1PNCE R�LATING SP�CIE'ICAI,LY TO C "�Rt1 TI i, , 'T�Rp., 0� D �U� E OF ��
WAP,Fi-IOUSES IN bi-?,, M-�3, AND M�� ZON �`��'(+S�E.�ZZVE�A�TE�T�'���� ��\;����
MULTI-PURPJSE Wa.REHOUSES AND FIXI� G ��' � ' 1� ' ���V`�
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�iv�tEREAS, the�me3� ,��o �hE"��?o\��`�'ware ,.�s�{�.v s anged sigr_ificantly
1•�, \\
in the past few'�,y��r `,�res�t�;�ve �cYbu" �'rz � `�ructi,on, occupancy standar8s,
rental s�aae allbcat � , \ `�z�iti���a�;�.kl���on 'tional uses allowed by tne Code, '
ana, � `�-� ������ :
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WH�REAS the Cit i �s ' t�Tr�cessar° to allow certaxn uses of warehouse
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space and to establxsi�\��pplication and pr.ocess routii�e, and,
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WHEREAS, warehousing is allowed in existing M-2, M-3 and M-4 zones and
permitted or conditional uses shal7. be yranted or denied by the Planning
Commission,
TIOTr7, THEREFORE,
BE IT ORDAIP3ED AS FOLL04�S:
Sec�ion 1: When a building is cnnstructed or alterEd'the purpose. of which
� � is to allow individual occupancy on a rental. basis for a $�ecific
� � portion of said building, the term used £or this build�ng sha�l
be - multi-purpose warehouse.
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Section 2: Application for the construction or alte.ration of m�zlti--p�x�ose �
• warehouse space shall be nade in accordance with the appliaable .
� sections of the Code, hoT,aeve'r, ap�lica�ion for such use shall
• include a11 permitted or conditional uses anticipated for'each
rental space. � •
• Section 3: The Planning Commission shall approve or disapprove each permitted
or conditional use. ' The applicant sYiall be k�ound by said decisinn.
Should the applicant desire additional conditional uses a �ew
applica�ion shall be made.
Secf.ion 4: All char.ges in xent�,7. occ�upancy in nulti-ou-rposc �rrar�nousing shal.l
be reported to the City to enable staff to issue business licen�es
and to review allowed uses .for specific multi-purpose warehouse
loaations. • �
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Section S: This ordinance shall be effective on and after the 31st day. after_
• its passage by the Council and approval of the Mayor. •
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ORDINANCE N0. 79-
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PASSED: By vdte of all Council m�:mbers p�rsent this ��� '
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y 1979 after bei read two times b
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and ti�le only. •
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Recorder - City of Tigard ,�
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APPROVED: By the Mayor this day of , 1979. :
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P.�G E 2 �
ORDIDIhNCE NO. 79-
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