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Planning Commission Packet - 06/19/1979 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. i � I� k, . � �` AGENDA ' TIGARD PLANNING COMMISSTON r , June 19, 1979 - 7:30 P.M. Fow�er Junior High School - Lecture Room ' ].0865 SaW. Walnut - Tigard, Oregon l. Open Meeting: 2. Roll Call; 3. Approval of PUinutes from Previous Meeting(s) : 4, ]Planning Commission Communication� 5. Public Hearings: Z�. Staf f Report B. Applicant's Presentation C. Public Testimony l. Proponent's 2. Opponent's 3. Cross-Examination D. Staff Recommendations E. Commi.ssion Discussion & Action 5.1 ZONE CHANGE ZC 23-79PD (McCoy,Marshall,Kazebee,Planned Development) NPO #6 A request by Jerry T, Marshall, James L. and Irene McCoy, and Stanley L. Kazebee for preliminary plarx and program review nf a residential ;; planned developr.ient and zone map amendment from R-7 "Single Family ,�; ' Residenti.al" zone to R-7 PD on a 1.9 acre parcel, located at 15805 "' S.U7. 98th Ave. (Wash. Co. Tax Map 2S1 11CD Tax Lot 700) . �" 5.2 ZONE CHANGE ZC 24-79 PD (b9inter Lal.e Planned Development) NPO #7 A request by Russell A. Krueger for preliminary plan and program '"' review of a residential planned development on a zone map arnendment from Wash. Co. RS-1 to City of Tigard R-5 "Single Family �esidential" and A-2 "Mul,ti-f.amily R�sidential" on a 36.8 acre site, east of 135th between Scholls Ferry and Walnut Street (Wash. Co. Tax Map 151 33D, Tax Lots 200,500,600,601 & 602) :,:i 5.3 ZONE CHANGE ZC 22-79 (Lumpkin - O"Neel Properties) NPO #2 A request by F. Dale Lumpkin for a zone map amendment from Ci•ty of Tigar.d R-7 "Single Family Residential" to R-5 "Single Family Residential" on a 3.53 acre parcel, located at 11340 S.W. 94th (Wash. Co. Tax Map 1S1 35DB, Tax Lot 5503) . �;� f: ij � � f� : _ . _ ,. _ ._ __ t�� R AGENDA TTGARD PLANNING COMMISSION ��;.° June 19, 1979 - 7:30 P.N�. `� Page 2 5.4a ZONE CHANGE ZC 19-79 (Jolivette Construction) NPO #3 A request by Steven L. Jolivette for a zone map amendment from Wa'sh. Co. RS-1 to City of Tigard R-�5 "Single Family Residential" zone on a .93 acre parcel, located at 12800 S.W. Walnut Street (Wash. Co. Tax Map 2S1 4AD, Tax T�ot 3500) 5.4b CONDITIONAL USE CU 12-79 (Jolivette Construction) NPO #3 A request by Steven L. Jolivette for a conditional use permit to const:ruct a duplex in an R-15 "Single Family Ftesiclential" zone on a .93 acre pa�cel, located at 12800 S.W. 4Jalnut Street (�Jash. Co. Tax Map 251 4AD, Tax Lot 3500) 5.5 CONDITIONAL USE CU 11-79 (Canterbury Crest Sanatorium) NPO #6 A request by 6Vanda Taylor Linderman for a conditional use permit to operate a nursing facility in an A-2 "Multifami.ly Residential" zone on a 11 acre parcel located at 10575 S.W. Canterbury Lane (Wash. Co. Tax Map 251 l0A Tax Lot 502 , 503) . 5.6 MISCELLANEOUS MINOR LAND PARTITION MLP 10-79 NPO #7 � An appeal by Ken Bouman in regards to denial of his minor land p artition by the Planning Director on May 9, 1979. The site is located at 92nd and Durham Road (Wash. Co. Tax Map 2S1 14A, Tax lot 4.00) . I 6. Ola Business ' 7. New Business: 8. Other Business; 9. Adjournment I � i � f � � �� i � � . _, ..�r...:... _. _ _ _ . MINUTES TIGARD PLANNING COMMISSION � � June' 19�, 1979 - 7;30 P.NT. � � � Fnwler Junior High School - Lecture Room 10865 S.W. Walnut 5treet - Tigard, Oregon In the absence of President 7�epedino, Vice President Wood OPENED the meeting at 7:40 p.m. ROLL CALL Present: Bonn, Funk, Helmer, Herron, Kolleas, Smith, Speaker, Wood Absent: 'Pepedino Sta.ff; Howard, Mackenzie On motion duly seconded and carried, the MINUTES of the June 5� meeting • were approved as submitted. COMMUNICATIONS'were considered after the publir_ hearing portion of the meeting. President Wood opened the PUBLIC HEARING by stating �he authority for the meeting and the procedure to be followed. In order to allow those appear- ing on behalf of Item 5.5 to attend another meeting, this item was considered out of turri. , 5.5 Conditional Use CU 11-79 (Canterbury Crest Sanatorium) � ie A request by Wanda Taylor Linderman for a conditional use permit to � a� operate a nursing facility in an A-2 °'Multifamily Residential" zone on a 11 acre parcel located at 10575 S.W. Canterbury Lane (Wash. Co. Tax Map 2S1 10A, Tax Lot 502, 503) . � t. Howard read the STAFF REFORT and RECOMMENDATIONS. `�� Ralph Bonadurer of Portland, architect for Canterbury Crest, in the rrr; APPLICANT'S PRE5ENTATTON stated the appropriate conditional use permit was obtained in 1966 from Washington Cnunty. The property was annexed to the City in 1969. Apparently the County approval was not transferred to the City at the � time of annexation. '' There was no PUBLIC TESTIMONY. :; Bonn MOVED approval of Conditional Use CU 11-79, based on Staff k'in dings � and Recommendations. The motion was seconcied b�r Funk and carried without dis- sent. Speaker abstaining because of being a member of and a past presi.dent of � Oregon Foundation, the owner of the facilityo ;� S.l Zone Change ZG 23-79 PD (McCoy,Marshall, Kazebee Planned Development) ��i � � � � �_�`_�� A request by Jerry T. Marshall, James L. and Irene McCoy, and Stanley '� L: Kazebee for preliminary pl.an and program review of a residential ��} planned development and zone map amendment from R-7 "Single Family ,1 ;�:., j"�� ';� � � � � � �;�� ,:, t . �, � � � � . � .. � . � g4i1 .. �.., . . . . . .. �. . , . �_ �� ,,� ��'.:�. � . � . . .. .. _ ,_..�. . ,._ ..:,_--- MINUTES TIGARD PLANNING COMMISSION f:r� June 19, 1979 - 7;30 P.M. �g Page 2 Residential" zone to R-7 PD on a 1.9 acre parcel, located at 15805 S.W. 98th Ave. (Wash, Co. Tax Map 2S1 11CD, Tax Lot 700) . Howard read the STAFF REPORT and RECOMMENDATIONS. Wood raised the question as to why this came in as a Planned Developmant. Jerry Marshall, builder and participant in the joint venture, in the APPLICANT'S PRE5ENTATION replied i.t was in response to Staff's instructions because of the ownership pattern contemplated. The units, constructed like duplexes, will be single-family common-wall residences separately owned. He reported that financing for the seven duplexes for which all approvals had been received was not available. He felt the single-family ownership �attern proposed is necessary to make the p roject viable financially to pro- duce mode rately-priced good-quality housing in today's market. There was no PUBLTC TESTIMONY. , COMMISSION DISCUSSION AND ACTION: Questions regarding density and the size of the individual lots were raised. It was asce rtained the individual lots were 5,000 square foot minimum. Smith raised the question if such a lotting pattern were in compliance with the NPO. Wood gavE some background on the change in the ordinance which he felt pe rmitted this ownership pattern. There was dis- ; cussion of whether request for conditional use would be more appropriate than the �' planned develpment route submitted, the thought being to avoid for the applicant a third hearing before the City Council. Smith MOVED app�roval of Zone Change ZC 23-79PD based on Staff Findings an d Recommendations, with instruction to Staff to check whether this should come back � to the Commi.ssion as a conditional use request rather than the general plan and program review, which is the next step in the PD process. The motion was sPCOnd- ed by Helmer and passed unanimously. • 5.2 Zone Change ZC 24-79 PD (Winter Lake Planned Development) A request by Russell A. Krueger for preliminary plan and program review of a residential planned development on a zone map amendment from Wash. Co. RS-1 to City of Tigard R-5 "Single Fami.ly Residential" and A-2 "Multi-family Residential" on a 36.8 acre site, east of 135th, between Scholls Ferry and Walnut Street (Wash. Co. Tax Map 1S1 33D, Tax Lots 200,500,600, 601 & 602) Howard read the STAFF REFORT and RECOMMENDATIONS. He then Stated the Com- mission should confine its consideration to the single familly portion of the development, since ••.as stated in the supporting material the multi-family por- tion will be the second phase of the project and will come in as separate application. He reported (1) there is no funding for parks until September; �� MINUTES TIGARD PLANNING COMMISSION June 19, 1979 - 7:30 P.M. �� Page 3' ' (2) the status of the systems development charye for parks and streets is unsettled; and (3) consideration in this manner was requested by Mr. Krueger, the applicant, in a conversation of this date. A1 Benkendorf of Benkendorf and Associates of Portland, planning consul- tants, made the APPLICANT'S PRESENTATION. Since this is the time for consa.dera- tian of concepts he aske d both phases--the single-family and the multiple-family segments--be considere d at this hearing, notwithstanding Mr. Howard's conversa- tion with Mr. Krueger. He reviewed elements of the project covered in detail in the zone change application prepared by his firm. The projected time frame for development is, single-family portion, two years; apartment portion, two to faur years. He reported a me.etind} w'ith NPO 7 at which the Plazi was reviewed. He reported they likecl the single-family layout; they were concerned with the design details of the multiple-family site; and the right-of-way width on 135th, particularly in front of a couple of residences excluded from the present pro- ject. P�ir. Benkendorf stated the two principal conc�rns of the developer; the density of the ap3rtment portion, and the dedication of 3.4 acres for park purposes. He discussed three handouts pertaining to thESe issues. The President perceived an area of diffi.culty ir_ that he felt the developer's density calculations were made under the provisions of an ordinance superseded very recently by an ordinance ,T calling for a different calculation, Funk raised the question of greenway-floac�- ��„ plain encroachment, which was a facet not considered in the presentation. Steven Evans of the consulting engineer's staff offered to answer any questions pertain- ing to the engineering of the project. PUBLIC TESTIMONY in opposition was presentecl by Dennis Murphy, 12750 S.W. Marie Court, who reviewed history of the Bel.lwood subdivision, and objected strenuously to the siting of 180 apartment units in the area. He reported no communication whatever between NPO 7 and the residents of Bellwood, and felt that a substantial element of the neighborhood had not had a voice nor even been consulted in the design of the p rojer.t. He also raised the question of the adequacy of school capacity in the area. In REBUTTAL Mr. Benkendorf pointed out they had no alternative �to working with the established neighborhood organization, NPO 7 in this case. He dei:ailed the prospects for adequate school capacity in the Beaverton School District (which presently serves the project area) were enchaned with the recent passage of a substantial school bond measure in the Beaverton School District. �he -President then declared a recess in order to allow the Commi.ssioners and the applicant to consider various density calculations under differing assumptions. ��. �. MINUTES ' TIGARD PZANNTNG CONIMISSION � June 19 1979 - 7;30 P.M. �,n_ Pa e 4 � g COMMISSION DISCUSSION AND ACTION: Upon reconvening it was apparent there �, were two significant problems, as expressed by the President, for which basic information was not readily available: (1) how to compute the number of units in accordance with the ordinance based on the areas of F�5 and Ac�2 zones in the project area; and (2) whether it is possible to have any trade-offs, either in I'�, altering the configur_ation of the A-2 or the R-5 areas, or in allowing gre ater �i density in one for lesser density in the other. Commissioner Herron inquired, in the light of recent. news stories of the action of Tigard City Council, whether this area would in the future be included in the Beaverton or the Tigard School District, an d would the Tigard School District have adequate capacity? After further discussion Smith MOVED for denial of Zone Change ZC 24-79 PD, based on the following: (1) the applicant's request has not given us sufficient information regarding zoning and therefore the permitted density, and the request as submitted definitely appears to be not in conformance with the density of the underlying zone; (2) the applicant's presentation lacks any information on the schools of the Tigard School District to which children from this development would go �.f the wishes of the Tigard City Council are realized; and (3) the applicant does not discuss the sensitive lands within his project. The motion , w�s seconded by Kolleas and passed unanimously. The President declared a five-minute recess at 9:30 p.m. � 5.3 Zone Change ZC 22-79 (Lumpkin- O°Neel Properties) A request by F. Dale Lumpkin for a zone map amendment from City of Tigard R-7 "Single Family Residential" to R-5 "Single Family Residential" on a 3.53 acre parcel, located at 11340 S.W. 94th (r9ash. Co. Tax Map ', 1S1 35DB, Tax Lot 5503) . Howard read the STAFF REPORT anci RECOMMENDATTONS. The applicant had nothing to add to the information contained in ihe Staff Report. PUBLIC TESTIMONY was offered by Wilbur Shewmaker, 11270 S.W. 92nd Avenue, who wished to ask questions. The President carefully explained the applicant"s request, Vern Christensen, 11540 S.W. Greenburg Road, asked about 94th Avenue , stating there was a petition for the closure of the street about eight years ago, and inquiring about the permitted lot si.ze. He was assured that a petition does not close a street, and this is one of the areas recently rezoned R-5. Smith MOVED for approval of Zone Change ZC 22-79 basad on Staff Findings and Recommendations. The motion was seconded by Helmer and passed unanimously. 5.4a �.Zone Chang� ZC 19-79 ( Jol.ivette Construction) A request by Stevap L. J�livette for a zone map amendment from Wash. Co. RS-1 to City of Tigard R-15 "Single Family Residential" zone on a .93 ��,.. acre parcel, located at 12800 S.W. Walnut Street {Wash. Co. Tax Map � 2S1 4AD, Tax Lot 3500) M]:NUT�S TIGARD PLANNING COMMTSSION �rt; June 19, 1979 - 7:30 `� Page 5 Howard read the STAFF REPORT and RECOMMENDATIONS. The APPLICAI�IT'S PRE- �ENTATIUN was niade by Steven Jolivette, the owner and applicant. He asked if a simple dedication of the right-of-way asked for without half°street improve- tnents could not suffice. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: There was discussion of half-street impY'ovements--their cost, the advisability of a short stretch on a County road which may be improved later, the equity when the development will generate little traffic, etc. Howard autlined the Pxtension of 135th southward from Walnut Street, together with annexations foreseeable within the naxt couple of years. Smith moved for approval based on Staff Findir�gs and Recommeridations, including half-street improvPments. The motion was seconded by Helmer but failed on a 4-4 tie roll call vote. Thereupon Wood MOVED for appr�val with Recommendation 1 modified to cal7. for a nonremonstrance agreement rather tharz half-street improvements. Kolleas seconded and the motion passed 5 to 3, with Helmer, Funk and Smith voting no. 5mith spo3ce strongly in fa�ror of half-street improvements and the precendent �` this actican would have on other requests on Walnut Street. 5.4b Conditional Use CU 12-79 (Jolivette Construction) A request by Steven L. Jolivette for a conc7.i.tional use permit to construct a duP].ex in an R-15 "Single Family Residential" zone on a .93 acre parcel, located at 12800 S.W Walnut Street (Wash. Co, Tax Map 2S1 4AD, Tax Lot 3500) . � i The President ascertained only the applicant in the audience was interested ' in this itezn, so from the STAFF REPORT Howard read only the RECOMMENDATIONS. ; ; Ther� was no PUBLIC TESTIMONY. � i In the APPLIC�INT'S PRESENTATION Mr. Jolivette answered questions from � Commissioner Smith about the nature of the building contemplated. The applicant stated he was planning one small two-bedroom ancl one small three- bedroom unit in the duplex, which would be rented. He explained the configura- ' tion of the building already on the back of the lot and the nature of the family situation of the current tenants, for which it was well suited. The p.ropriety of the du�lex development was brought u�. Smith stated as a developer he would not want to build a single-family residence on Walnut Street, but that he thought it desirable for duplexes. ° ��.. r,`' . : r� _ _ � , -__ _ � ^ �lINUTES TIGARD PLANNTNG COMMISSION June 19, 1979 - 7:30 P.M. Page 6 Speaker, stating he was persuaded by Commissioner $m�th�s comments on the desirability of half-street impxovements in spite of valid objections, MOVED for approval of Conditional Use CU 12-79 based on Staff Findings and Recommendations, including Recommendation 1 calling for half-street img.rove- ments. Helmer seconded, and the mation passed 5 fio 3 on a roll call vote, with. Helmer, Smith and Fuiik voting no. 5.6 MINUR LAND PARTITION MLP 10-79 (Ken Bouman) An appeal by Ken Bouman in regards to denial of his minor land p.artition by the Planning Directar on May 9, 1979. The Si,tP is loCated at 92nd and Durham Road (Wash. Co. Tax Ma� 2S1 14A, Tax �,ot 400) . Since only the applicant remained in the audience, I3oward re�d from the STAFF REPORT only the RECOMMENDATIONS. The APPLICANT'S PRESENTATION was given k�y Ken Bouman. He described his business of buying and moving old houses. In explanation of seVeral minor "land partitions he dwelt at some length on houses he mov�d to paxtitioned �ots on his property at S.W. 92nd and Durh.am. COMMISSION DISCUSSION AND ACTION: The dimerzsians of accesses into the interior of his property were explained and discussed in relation to City ordinances. The status of➢ and Mr. Bouman's rela�i,onship with the developer � of, Kneelazid Estates, adjacent to his property, was discussed. The legality ' of what was requested was extensively discussed, In general there was expres� � sion among the Commissioners that the applicant by repeated minor land parti- ; tions was in effect ci rcumventing the subdivision ordin ances which are designed to afford reasonable circulation; that proper circulation could be secured by � the installation of a standard 50 foot street; that with the vacant property on two sides it should be possible to work out a reasonable solution for good circulation wi�hout reliance on a ten-foot easement; that since he was sti11 the owner of the property he could if he so chose put in a standard stre��tto 7 serve lots to the rear of his parcel. � After extensive discussion, Smith MOVED for adoption of the Staff � ReCOmmendation to uphold the denial of Minor Land Partition MLP 10-79 by the Planning Director. Speaker seconded the motion which passed unanimously. '� OLD F3USINES5• Howard reported tYiere has been no response as yet to the letter from him to the City Attorney regarding floodplain encroachment by othex governmental agenaies, as requestecl by President Tepedino. t: �;: �"; �` ._ —�, 4;` �ic"�• , --- � � � MTNUTES TIGARD PLANNING COMMI5SION June I9, 1979 - 7:30 P.M. �, Page 7 OTHER BUSINESS• In response to a letter detailing the situation of the Sun Fund conditional use permit expiration, Speaker MOVED the conditional use permit be extended an ' additional 60 days. The motion was seconded and unanimously carried. The question was raised whether design zeview pr�cedures in eonnection with the Fred Meyer Home Improvement Center enlargement might proceed pendin:g final action on the zone change required as a conditon- £or the expansion of the facility. It was the consensus such design zeview could proceed concurrently with p rocessin q of the zone change. ; A: letter concerning an expired conditional use permit for a 45-foot high st.ructure at the so-called "Shady Lane" site was considered. Since the struc- ture is somewhat out of the ordina.rp and �here has been so much change in t]-ie membership of the Commission since the conditional use re quest was heaxd, it was felt a new hearing should be held oxi this matter. The Presic3ent then declared the meetin g adjourned at 11:35 p.m. � i� .*�,,,....�.,,,.� t a,,�n k';; �i..��u�m. �� PUDT,TC NOTICE �.: TIGI�RU PLANNING CpA1MISSION Jtine 19, 1979 - 7;,30 P.M. � �'osvlGr Jun9,or Hic�t�, Sa}toal � I,cc�t.ure R��om 1.0865 S.;V. 4valnut � Ti,c�arr.l, C7.r.e;:�on . '� 5. Public .iearir�ic�s: 5.1 ZONL CH:INGE �C. 23-79 PD (McCoy,Marshzll,Kazebee Planned Develo1�ment,) NP� #6 zi P. reques� by ;Jerry T. Marsha�t, James lJ, and Ir.enc i�cCoy, and Stanley L. Kaz�bee for p,relimina.r� plan arid program review of a r�sidentia'1 planned developmPnt and zone map am�ndment from R-'1 "Sing].e I'amily Residential" �'one to R-7 Pn �n a 1.9 acre pa.rcel, located at 15II05 S.W. 98th Ave. (Nash. Co. Tax Map 2S1 11CD Tax Lat 700) . i. 5.2 ZONE CHANGL ZC` 24-79 PD (r+4in�L-er Lake Planned Development) NPO #7 , A re�,uFSt by Russel.l A, Krueger for prelianinary plan ancl program ieview of <� resi.dential p1�lned development on a zone ma1a amendment from vJash. Cc�. RS-]. to City of Tigard R-5 "Single Family Residential" and A-2 "��iulti.-family Residential" on a 36.8 acr� site, east of 135th, b�twe�n Scholls '�'erry and taalnut 5treet (Wash. Co. Tax Ma.� 1S1 33n, '1'c3.x Lots 20Q�500�600 r601 & 607.) 5, 3 ZOtQT CIiANGF ZC 22-7� (Lum�kin - Q`Neel. Pro��rties) NPO �2 ,,::,,, ^� � � „� x�c;ucst� hy F. n�le Lumpk.i.n for � zone map amendment from Cz.ty of _,�, , ,Ti.c��rd P.--7 "Sinc�7.c� I'ar,lil.y 1lesidential," to It-5 "Single L'amily Residential" �n ..a 3.53 aci-e i�zrcel , lc�catc�c9 at 17,340 So6J. 9�th (49�sh. Co. Tax Map r.��- :LS1� 35DL�, '.Cz;c Lot �503) . 5.4a;; �QNE CHANGE� 2C 19-7� (Jolivette Cons�tru.rtion) NPO #3 , � A r��uest by St�ven ``,L. Jolivette fox- a zone map amendment fronl v�ash. ( ;C�p. ;RS-1. to Cit.y �f`::Tigazd R-15 "Single L'amily Residcntial" zone on a "`':93' acre ��arcel, 7.oc�ted zt 12800 a.�J. ;7al.nu�: Street (Wash. Ca. Tax �� M�;�� .y2S1 4AD, Tax Iot ,35U0) . � � � ;; . �,�,� 5.4U CONDITIONnL IISL CU 12•-"t`.� (JUlivr-.iQ,te. (:a��rr�.zct:ir�n) NPd �3 Y.-.,: � e'"� rec�uest by Steven L. Jolivette 'k..�or a conditional use permit to $�'construct a duple:c in .an R-15 "Sinc�le��'amily Residential" zane on a � c9� acre �arcel, located at 12�OC�' S .V.A 6valnut Street (�lash. Go. Tax , �>Ma�.:::251 4�D, Tax Lot 3500) �� '; + ..�� 5.5 �{,,GO b TTON�,L US.E CU 11-79 (CantPr�r'y'��es� Sanatorium) NPO #6 � i�;� - . 5,,,,,� �W - A request by ✓Jznda Ta.ylor Lincle� az'i �� a coi�ditional us� permit to oy�rate a r`iursing �acili�.y in an�-�� '�ultifanv.ly Resident,ial" zone on a 11 �cr,e parcel located a�. J.0575 S.W. Canterbury Lane (Wash. Co, Tax Ma� 2S1r 10A Tax Lo�L- 502 , 503)� ,.,, '; , . Y � � k .�i� . . � f � �� 4 �{ �f!� 'i; ' 'Evr�i��..tsL� . . �i. �Vh�s�x.�,� . . �� f�+ °�n'm�ta � 4t f ..� e .' !. �t • .. � �:N �'* � � ,, �� "R�MMV-�i.T+�rtl.f,y!M --...x.�'ITa.a+ r�.—�+;-..._.. ........_.. . Y._.... . __.-..._....�._a___........._�«........ __.............. . ... ...... . .. ...... ._,.. ... _ .. . .. . . .. . ... . . . .. ._. ..._ �� ., • . +� . � . .i 'f�; ,( PUBLTG NO'�'TCE '; TIGARD PLANNING COM�]TSSION ; � June '19, 1979 - 7:3Q� �age 2 i; . i 5,6 M�SCEI�T�ANEOUS `'�MZNOR LI\ND PARTTTIOLQ MLP 10-79 NPO #7 ; � An appeal by Ken Liouman in regards to cienial of his minor land i partition by tYi�e Planning Uirector on i�ay 9, 19'79. The Site is located at 92nd�;: �nd Durham Road (�Jash. Co'. � Tax Map 2S1 14A, �'ar I,ot 400) . ' `�; �5 i ' � f.) i �--n*�t� i . ��' :� C.= t z_. �. I.w..�.,. . _ .' � � � �.�. � � -� i.'',.s 6k`�'-,. F�1. F � �� i, �^r=4. i�,:• ,�'� � �� ; ", �.J y` � f. ' �� ' " •:i C�ar� , 41 �� F ,� �"`ir, fp�, ;:;v� � .. � p.'^ _ � 4. .. 'i V-��'�r...� �� ', �.:�� _ � �f T"' ti� �. �ad' ��. t.;? .: . . � '.:x:::S� � � �n,��vx S�. ` •4, � 1 �'•'�F� rA � . �. �� _^�, A{{{� { � iw. � �14 �� CKi � . IM 1: �' 1k� �,': E� .;�� `; � ��;�ra �, . �� Publish TT 6/6/79 & �/13/79 �' �:=+`�' ;: # .s.._ � „ , � : � � _ _ _ �,-. . _��!1... � :. "PLANNING COr1MISSION SIGN°�L1P SHEET" � NOTICE: ALL PERSONS DESIRTNG TO 5PEAK ON ANY ITEM MUST SIGN TEiEIR NAME ON THE �� APPROPRIATF SSGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERS(�NS I UESLRING TO SPEAK 6VTLL THEN BE CALLED FORWARD BY THE CHATR TO SPEAK ON INDTCATED ITEM(S) . , AGENDA I TEM: ��/I�L�'��,,�LrK _ REFE RENCE: �� I q-,��i' DATE: ,,��/N! �.! � i ,1 N ADDRESS ; �--�-�.. �. � � � � .:�� . ��.� �:, � � � , � , � , � � � � � _ � � REFERENCE: .. DATE: AGENDA I'I°EM; Jvl1��,. e� I� r��" ��^ i NAMF�? ADURESS � � , • j � ` ` � �� U �p� � � �-Y,'�t.� � i i � ; AGENDA ITEM: REFERENCE: �l�� - �`j"^ DATE: ��/ � ._y�_ NAME ADDRESS � i � � _ 1 :i � � ;; :� � � i � _ , � ;; � _ . , _ ...... : . ...w_ .. .., .:.,.._ ,. _ �..; _ - . �, �.. __ �:��.�. �..': ... ......., . ... ...,,. .... . . ..,. , . ..... ,...:�. �....��.. j...... ....,.... ,,._� , .� :,: . . ..�.. . -.�..... .�......-.. .......,. . � �\� . . . . . . . . ' . . . � , 1 �,,� � �' �� "PI,ANNING COb1MZSS20N SIGN-UP 5HEET" ,\ �w,. NOTICE: ALL PERSONS DESIRING TO SPEAK QN ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAIC WILL THEN BE CALI,ED FORWARD BY THE CHATR TO SPEAK �N INDICATED I�PEM S) . �:►�a�e AGENDA I TEM: ��e r�lS.l14L�r-.--- REFERENCE:�� .? �- �J y' �I DATE: ��n yr /� N AUDRESS ��le J� L�-- c�l � C�l✓��Jir�9,�Y'f-/-� ' �Ir)i� AGEND� ITEM:��Gh° �;s-�oa REF'ERENCE: � t ► �` DATE: .?Ltl9� �,� NAME ADDRE95 � , � C.� s�'` � cJ � �'> l�l, ��'� c� s� �G�.�. (, 2.��I S�l��. S�>� �ti�.�1�n� � �.�1 S� -�', ��?' A.GENDA ITEM:1��y,�� REFERENCE: 2s�jy2.. � 9 1�1�1�: y'�,�,�_ • P7AlyE ADDRESS V""'""'_ �V1�_��"�-'ti'�`� �-'�� S ' � ` � ��.1�-�-�--'� � • ��' ! � �'��, ; � �%`f` �?c�=-''� e'--' ,� �:�� - t': `� .��. .,�; .y ;/ 4 , , . �r9,��/�, l-d�' '✓ �r ,t'-"` i.'r ^j /�?�'a A�'fi�,� 1`.'."'. � , ,, .. .,: �,...,.:. ,..,_-�,z _ Y..,. . .. _ _ _ . , _ � . "PLANNING COMMISS:LON SIGN-UP SHEET" NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST S2GN THEIR NAME ON THE APPROPRIATE 5IGN-UP SHEET{S} , LOCATED AT THE BACK OF' THE ROOM. PERSONS DESIRING TO SPEAK WIZL THLN BE CALLED FORWARD $Y THE CHAIR TO SPEAK ON INDICATED ITEM(S) . AGENDA ITEM: �� n �pu ��, �, REI'ERENCE: �'J�,� /�..79 DATE: �"'r"�„� /q �, � NAME ADDRESS + .-----, •. ��-�O � /��G�..--� /�� .�GENDA ITEM: REFERENCE: DATE: ' NAME ADDRESS � l � � I � AGENDA ITEM: REFERENCE: DATE: 1VAME ADDRESS � � � ; . �. _. __,. .. -, _ . ,:.,. ,,._--,. - , ...,,,� STAFF REPORT AGFNDA 5 .1 � TIGARD PLANNING (.�MMISSION � June 19, 1979 - 7:30 P.b4. Fowler Junior Iiigh - Lecture Room 10865 S.�V. Walnut Street - Tigard, Oregon Docket: Zone Change Planned Developmeiit ZC PD 23-79 (Ref: ZC 31-77, S 17-77 and CU 23-77) Applicant: Joint venture of James and IY•ene Owner: James & Irene D4cCoy McCoy, Jerry Marshall and Stanley 15805 S.VJ. 98th Ave Kazebee, 5950 S.W. Jean Road Tigard, Oregon 97223 Lake Oswego, Oregon 97034 �pplication Date: May 29, 1979 Site Location: 15805 S.u�. �8th Ave (T�lash. Co. tax map 2Sl 11CD tax lot 700) R�quest: For a preliminary plan and �rogram review o� a residential planned development and zone map amendment from R-7 "Single Family Residen- tial" zone to R-7 PD on a 1.9 acre parcel. Previous Action; On November 14, 1977, the C�ity Council approv�ed a zone change request h�C 31-77) by the owners fro�n rAash. Co. RU-4 to City of Tigard R--7 "Sinc�le Family Residential". On August 2, 1978, the owners were granted a conditional use permit (CU 23-77) ' to construct six dupl.ex units on the subject site by i:he Planning Commission (see attached narrative dated �Iay 22, 1979) . General Statement: Since no significant development has taken �lace on t.he subject site and �he conditional use pPrmit has not been i acted u�on within one (1.) year from the date of issuance. The conditional use approval has expired in accordance with Sectian 1II.77.030 oi the Tigard Municipal Code. I. Pindings of Fact: 1. ThP site is currently zoned R-7 "Single Family Residential" and. designated as "Urban Law Density" on the NPO #6 Plan. 2. The applicant is rec�uesting preliminary �lan and �rogram review in accord with 5ection 18.56.020 of the Tigard Municipal Code. 3. The applicant proposes to develop twelve attached single family homes on a 1.9 acre parcel. 4. Section 18.56,110 of the Tigard Municipa], Code �ravides the density factor calculati:on as follows: Ciross site acreage: 1.90 Minus public improve ments: 20$ � Buildable net acres: 1.52 �k�'... . . . . . . . - .. �. .. � . . . STAFF REPORT AGENDA 5.1 F„F TIGARD PLANNING COMMISSION � June 19, 1979 - 7:30 P.M. Fowler Junior High - Lecture Room Eage 2 . ZC PD 23-79 Divide the total net area (in square feet) by the underlying zone (in square feet) . 66211.20 divide 5,000 sq ft = 13.24 dwelling units. I (common w:all units req�ireRY55,000 sq ft per dwellix�.g unit) . The applicant is .' .24 dwelling units below the allowable dwelling units permitted. 5. Applicable policies �f the Cornprehensive Plan for. devleopment in the `Iil NPO #6 are a: i Public improvements: Policies 3 and 4 - page 3 Planned Unit Developments: Palicy 5 - page 3 ' 6. The site is flat. A single family home is located in the southern ' portion of the lot, and a nut orchaxd is located in the northern end of the parcel. 5urroundin g land uses are the Summerfield golf course to the north, the Church of God and Church of Christ to the east anc� ' across S,W. 98th, a single family home to the south, and the "Ke nvood �states" subdivision (undeveloped at this time) to the west. 7. ,aater service is available to the site va_a a 12 inch line in �.W. 98th � _ Avenue. Sanitary sewer service would have to be extended to the site from an eight inch line in Durham. 8. 5.4�7. 9�3th Avenue is in substandard condition. However, improvements to ' this st.reet will be p rovide d at such time as the applicants devaloP their ; proper�y. 9. S.W. 98th is designated as a collector street on the NPO #6 Plan, and requires 60 feet of right-of-way. There is presently 55 feet of right- of-way. There£ore, an additional five foot dedicatiox� would be neces- sary. II. Cnnclusionary Finc3ings: l. The proposed planned dev�elopment district is compatible with tl-ie sur- rounding zr�ning and conforms to the "Urban Low Density Residential" policies of the Com�rehensive Plan, in that it pxovides a housing type need for diversified housing, and the attached single fami.ly units wil,l blend in wi,th the surrounding land uses. 2. S.ti4. 98th is presently i.n substandard condition. Therefore, five feet of right-of-way be de dicated and half street improvements will be necessary. ��, �- ., . :_:. . . .... : .. o . STAFF REPORT AG�NDA 5.I . TIGAP,D PLANNING COMt22SSION � � June 19, 1979 - 7:30 P.M. Page 3': ZL PD 23-79 I2I. Staff Ftecommendations: Staff recommends approval of tlle prelimi.nary plan and program as presented subject to the following conditions: Z. That five feet of right-of-way be dedicated to the city with half street imnrovements constructed along t�'�e frantage of the property on S.�V. 98th prior to issua�zce of builr3ing permi.ts. 2. That Section ,18.56.030 (General P1an pravisians) o�' the Tigard I Municipal Code be complied with nrior to applicant's �resentation of the general plan and,program. The general pZan must i:nclude the existing single family un'it. 3. That site construction and drainage plans be reviewed and appraveu by the City Engineer and Builcli.ng Departments �rior to issuanoe of build- ing permits with any bonds or other agreemen�s as require d. 4. No changes will be made to approved plans or specification.s unless formal application is made to the a�propriate department an d changes are approved by that department. Application for changes will be made in writing and shall include a�plicable drawings� engineering �' specifications and o�her details requ�sted b1 the department. No t� aonstruc�ion sha11 take plaae in these instances until after the changes have been approved. Any deviatiora from this conda.i;ion will result in the immecliate posting of a stop work order on the projecfi " or any portion of thE project. � Report pi-epared by; Ken Sel Reviewed by: e Howard Associa ity Planner ning Director �"' � ��. � : ,; i r uTAFF REPORT } AGENDII 5.2 TIGARD PLANNING COY�IMISSION � �' ,Tuxie 19, 1979 - 7:30 P.M, Fawler Junior HigYi - Lecture Ro�m ];0865 S.w. C�lalnut Street - Tigard, Oregon ;;; Docket: Zone Change ZC 24-79 PD (Wintex Lake - Rei: Z� 25-78 PD) Applicant: Mr. Russell A. ICrueger Uwner: same 2041 S.'vV. 58th Ave Portland, Ore 97221 Applicat�an Date: Octobax 23, 1978 Site Location: East of 135th, l�etween �challs Ferry and "W�lnut Street (r�ash. Co. Tax Map 1a1 33D, Tax Z�t� 30U, 500,600) Request: F�r a preliminary plan a�zd pr�gxam review c�f a residential planned development and zone map amendment from i�asl'b. Co. RS--1 to City of Tigard R-7 PD and A-2 PD �n a 36.8 acre site. Previous Action: On Deceznber 5, 19'70 the ap,�licant"s request fos_ a zorie man amendmen� with preZimina.ry plan developmei7t x�eview approval was tablecl for t�ro reasons: 1, The applicant was finalizing a purchase of land a�jacent north af the subject site that he wanted. to inclucie in the total plan. � 2. The Gity of Tigard and the Neighborhood Plan Oraniza- i � tion #7 were stiJ.l considering the land use and zoning designation for this areae 2. Findings of Fact: l. The site is designated R•-5 "Single Family Residantial" on the north, west and east �n the southeast, �he site is desic�nated. A-2 "Nlulti- : �a�.ily"_twelve dwelling units per gross ac�e. ,The site is presently ` zoned �n7ash. Co. RS-1. The land use is designated by the NPO #7 Plan. 2. The applicant is rec�uestinc� preliminaxy plan and program review in accordance with section 18.56,020 of the Tigard Municipal Code. 3. The applieant proproses to construct 96 sangle family dwelTing units, 16 duplex units and 180 a�artments. 4. Section 18.56.110 of �he Tigard Municipal Code provides the density factor calculation as fallawsc Single famil.y gross acreage site; 24.8 Minus public impxovement: 20'� Buildable net 'acres: 19,84 �' . ._ , . . . . , '.::,:,.,. . ; , , �; ._. _ , . ' STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION , � June 19, 1979 - 7:30 P.M. , Page 2 ZC 24-79 Divide ttle total net area (in square feet) by the underl.ying zone 'I (in square feet) . £i642 30.40 divide 5,000 sq ft = 172.85 dwelling units, Additional .17� maybe permitted f�r dedication of open s�ace etc. (18.56.110,8) . 17�.85 x 20� = 34.57 dwelling units are permitted. This total 207.42DU The applicant is 79.42 dwellin.g units below the ma�i.mum a1l.owable dwelling units permi.tted. Multi-family acrea�e sitec 12.0 Minus public improvement: 20� Buildable net acres: 9.'6u Divide the total net area (in square feet) by the underlying zone (in square feet) . 418,176.00 divide 3�630 sq ft = 115.20 dwelling units. Additional 20% maybe permitted far dedication of open space etc. (the pond 3.67 ac) 115.20x20� = 138.24 the appl.icant is 41,76 dwelling units over the max.imum allowed dwelling units in the A-2 zone. 5. Applicable po!_icies of the Comprehensive P1an for development in the NPO #7 area: Public improvements: Polica.es 2 and 10 - page 3 and 5 Planned Unit DevelopT�lents : Policy 4 and 11 - page 3 and 5. Site and Open Space Improvements: Pol.icies 8 and 13 - page 4. Locatian of High Density Residences: Policy 5 - page 4 Density for multi-family: Policy 9 - �age 5 6. A description of the site area is explained on page 4 of the applicant's attached narrative, 7. The surrounding land uses are single family units to the south (Morning Hill Planned Developanent) , east (Summer Lake Planned DeveloP- ment and proposed Summer Lake Park) to the north and west across i 135th is vacant land designated for residential. use. � £i, Sewer and water services as well as othex utilities are� explained 5tarting on page 15 of the applicant's narrative. �: 9. S.6V. 135th and 13Oth will serve the traffic needs in this development. � S.6V. 135th is pres�ntly a county road and is desic�nated as a collector street on the NPO #7 Plan. S.tV. 135 is in substandard condition hav- � ing inadequate paving width and rightrof-way with no sidewalks or curbs. �� s; j1 � ;. < ;I �. �. : :� } , , STAFE' 3�EPQ;RT AGENDA 5.2_ ' TIGARD PLZINN:ING COMMISSI'ON h ;;; June 19, 1979 - 7:30 P.M. Page 3 ZC 24-79 S.v7. 130th is presently a �rivate road. Summer Lake Planned Develop- ment is improving it up to the northeast corner of the subject site. S.6d. 130th is designated as a collector street and will serve the propexty from �he e�st movinq from north to south. The street needs to be re-aligned anc3 dedicated with full street improvements (see planJ . 10. The Park board has requested that the applicant dedicate a 3.4 acre parcel (see• plan) adjacent to the 5ummer Lake Park area to the City. The applicant is considering the request. II. Conclusionary Findings: 1. The applicant has demonstrated through the s'ite plan and narrative that he is conforming to the concept of a planned development in the three pareels as required by the Tigard Municipal Code and the Compre- hensive Plan. 2. The applicant is well within the density permitted for single family. I3owever he has exceeded the multi-family density by 41.76 units. 3. The Plan shows a 3.4 acre parcel of land for park use which is cal.led for on the Summer Lake Park Plan. �.r III. Staff Recommendation Staff recommends ap�roval of the preliminary plan and program as prnsented subject to the following conclitions: l. That the total number of dwelling units in the apartment area not exceed 138 dwelling uriits. 2. That the applicant appears before the Planning Commission for approval of a site plan of the apartments prior to any development taking nlace in the identified apartment area. i 3. That the applicant c3edicate the adequate distance (as determined by tY�e j City Engineer) of right-of-way along S.T�I. 135th, and construct half °-� street improvements to collectox street standards prior to approval of final plat. 4. That the a��lica�xit provide the 130th exteinsion as shown on �tYie pl:an prior to approval of the final nlat. �� ' �;....... . _ . � .. .._ ,. . : ----- ,� . STAFF F2EPORT I�GENDA 5.2 I TIGARD PLA,*�1NING COMMI55ION June 19, 1979 - 7:30 P.M. �� Page 4 ZC 24-79 5, That Section 18.56.030 (Ganeral) of tlze Tigard Municipal Code be complied with prior to applicant's �r�sentation of the general plan and program. 6, That site construction and drainage nlans be reviewed and approved by the City En�ineer and Building Departments Prior to issuance of build- ing permits with any bonds or othe r agreements as required. 7. No changes will be made to approved plans or specifications unless formal application is made to the appropriate department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other details x�equested by the department. No construction shall take place in these instances until after the ' changes have been approved. .Any deviation from this eondition will result in the imme diate posting of a stop work order on the �roject or any portion of the pxoject. Prepared by: Ken Selby� Reviewed by: A7. Ye H ward Associate ty Plannder Pl n Director `� 1�' . : _ � � �` STAFF REPORT AGENDA 5.3 '^�; TIGARD PLANNING COMMISSION June 19, 1979 - 7:30 P.M. Fowler Junia�•r High School - Lect:ure Room 10$65 S.W. Wa].nut Street - Tigard, Oregon � Docket; Zone Change ZC 22-79 (Dale's Glen subdivision S 3-79) 1 Applicant: Lumpkin - O'Neel Properties Owner: Mr & Mrs Vickery � 10175 S.W. Barbur Blvd Suit 211-B 11340 S.W. 94th � Portland, Oregon 97223 Tigard, Oregon 97223 i Application Date: May 25, 1979 Site Location: 11340 S.W. 94th and S.W. North Dakota Street (WaSh. Co. Tax Map 1S1 35D}3, Tax Lots 5503, 5502, 5501,5506,5507, 5508 and 5505) ' Request: For a zone map amendment from City of Tigard R-7 "Single Family ' Residential" to R-5 "Single Family Residential" on a 4,25 acre parcel. Previous Action: The applicant has a subdivision plat applicati.on;. in the City pending zone change approval. Tha plat will create 16 {5,000� sq ft, lots. �; I. Findings of Fact: �';i' i: ' l. The site is designated "Single Family Residential" permitting six dwe11- �`,' in units er ross acre on the NPO #2 Plan as amencled b the T�. ard '�� 9 P 9 Y g i;,; �it� Council on May 21, 1979. ,�, f`,; 2. Applicable policies from the NPO #2 Plan area: "Supple.mentary facilities and services" - Policies 2 and 3, page 13. 3. The applicant praposes to construct 16 single family units having a minimum of 5,000 sq. ft. on the subject site. i .. 4. The site is vacant with a slopxrig. elevation from the southwest to the = `, northeast at a 10� grade. The surrounding land uses are single family ; homes. , � 5. Traffic to and from the site wi11 be served by S.W. 95th on the west, j S.W. North Dakota on the north and S.W. 94th �hrough the middle of the � s.ite. S.W. 94th and S.W, North Dakota are city streets. S.W. 94th ;;,� has been dedicated through the site with 50 feet of right-of-way but has no improvements. S.W. North Dakota is classified as a colleator ;''� street. It presently has 16 feet of paving from the corner of S.W. 95th, ,�1 250 east with curb and sidewalk on the north side. Fram •this point it � becomes a narrow gravel road with only 50 feet o£ dedicated right-of- '�j way. S.W. 95th is a county road with 45 feet of right-of-way and 16 �l , � '{ � '.:1 �:� :t:`. ;;;� '�� _ i . . . . . � . . . ��... , t;;;l ��' . . . ... .. .... ... ... i , � � I, I' �i � � � �: STAFF FtEPORT !I AGENDA 5.3 TIGARD PLANNING COMMISSION June 19, 1979 - 7:30 P.M. Page 2 2C 22-79 i; feet of p aving. It is designated as a local �treet in the NPO #2 Pl an. 6. Sewer connection is a•vailable on S.W. 94th which is at the south edge of the subject site. There is adequate capacity and grade gravity to uti.lize the line. Water service is also available to the site. II. Conclusionary Findings: l. The zone change request is in keeping with the Housing Implementation Plan adopted by the City Council which identified the subject site as zoned for 5,000 square foot lots. 2. Sewer and water are available to the site with ample capacity. 3. The development of this site will improve the street conditions of S.W. North Dakota, 94th and 95th. Therefore, safe and efficient traffic flow will be provided. . i ., III. Staff Recommendations: � t �;: �,� r. �. 'I 4 Staff reco nd 'e t mme s a roval sub ct o the followin conditions: PP J 9 +t ? 1. That the applican t dedicate five feet of right-of-way along S.W. ; North Dak�ota with half street improvements •to callector street � standards prior to final plat approval. 2 . That the applicant develop half street improvements along S.W. 95th to local street standards prior to final plat approval. 3. That the applicant improve S.W. 94th from S.W. North Dakota south to , connect with the existing portion with full local street standard5 ; prior to final plat approval. 4. No changes will be made to approved plans or specifications unless � formal application is made to the appropriate department and changes are approv�d by that department. Application for changes will be made in writinq and shall include applicable drawings, engineering specifications and other details requested by the department. No construction shall take place in these instances 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 project Report prepared by: Ken Sel Reviewed by: A1 i oward 1' � Associat ty Planner P 'ng Director �_ N �I {'' !'i �i". �i �i .Y . . .. . . � , , . I �'r ;- } STI�E'F REPORT • AGENDA 5.4a TIGARD PL.ANNING COM24ISSION _ June 19, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. WalnLtt Street -- Tigard, Oregon Docket: Zone Change ZC 19-79 (Jolivette Construction - Re: CU 12-79 and MLP 12-79) Applicant; Mr. Steven Jolivette Owner: same 17017 u.E. McLoughlin Blvd Milwaukie, Oregon 97222 Application Date: May 17, 1979 Site Locati�n: 12800 S.�^7. �aalnut Street (Wash. Co. Tax Map 2S1 4AD, Tax Lot 3500) R��uest: For a zone map aznendment f.rom 'vJash. Co. RS-1 to City of Tigard R-15 "Single Family Residential" zone on a .93 acre parcel. Previous Action: The ap�licant has a mi.nar land partition ap�lication in the City pending the decision by the Planning Commission on the zone f change and conditional use request. 4 ; I, Findings of I'act: ; � l,�,� l. The site is designated "Urban Low Density Residential" on the NPO #3 � �;,-� Plan and is currently zoned �Vash. Co. RS°l. 2. Applicable policie s from NPO #3 Plan: Area site development - Policy #4, pa�e 13. Site and �ublic improvements - Policy 5 and 6� page 14. 1; 3. The site has two e xisting single story residences in the soutr _rn portion of the lot. 4. The surrounding lan d uses include single family dwellinq to the east and south and a vacant grassy fiPld to the west. f ii 5. The subject site will be servea by j�dalnut Street which is a collector street as designated in the NPO #3 Plan. The right-of-way for a cal- � lector street is 60 feet and the pavement widtlz is 44 feet. The ,,; current right-of-way on Walnut Street is 50 feet. 6. Water service is available from a 6 inch line on Walnut Street. �;�', 7. Sanitary sewer service is available off of 128th avenue to the north of the subject site anproximatel� 120 �eet. `�' ,, �; TI. Conclusionary Findingsc l. The re�ues�ed zoning is in con�ormance with the Comprehensiv�e Plan for Z�a use and size. '`��: �' i: _� , �: � , 1;, _ , � uTAFP' REPORT AGENDA' 5,4a ��'=;�� TIGARD PLANNTtJG COMMISSION June 19, 1979 - 7:30 P.M. Page 2 ZC 19-79 2, S.L�. Walnut Street requires an additional 10 feet of right-of-�way along the frontage of the subject site with half street improvements to col- lector street standards. Taalnut Street is currently in Wash. Co. jurisdiction. 3, Sewer and water are available to tYie site. ITI. Staff Recommendations: _ Staff recommends approval subject to the following conditions: 1. That the applicant dedicate �en (10) foot right-of-way along the , fron�age of the subject site on S.W. Walnut Street with ha.lf street improvements to collector street standaxd�s prior to i,ssuance 'of Bu�;ld�in.r� permits. 2. That construction and drainage plans be submitted and a�.nproved by the City Engineer and Buildiny Departm�nts prior to issuance of building permits. 3. No changes will b� made to approved plans or specifications unless ��i formal application is made ta the ap�ropriate department and changes ��`�° are approved by that departme�t. Applica�kion for ehanges will be made in writing and shall include applicable drawings, engineexing specifications and other details requested by the depart�nt. No eonstruction shall take place in these instances until after the changes have been a�proved, Any deviation from this condition wi11 result in the immediat� posting of a stop work order on the project or any portion of the �roject. Report prepared by: Ken lby Reviewed bya Ald ' ard j Asso i te City Planner Pl in Director � � � �:��I � r r ; r ; � F � �i . � � � . . ��.Ff � . . � .. . � .A F l �. ? , ,f, tl � 3: . � i � ,. .� .. . _ � � � � STAF'F RE�PORT AGENDA 5.4b TIGARD PLANN2NG COMMISSION � June 19, 1979 - 7o-30 P.M. Fowler Juni.or High - Leeture Room 10865 S,W. 6Valnut 5traet - Tigard, Oregon Docket: Condi�tional Use 12-79 (,Tolivette Construction - Re ZC 19-79 & MLP 12-79) Ap�licant: Mr. Steven Jolivette Owner: same 17017 S.E, Mci,oughlin Blvd Milwaukie, Oregon 97222 Application Date: May 17, 1979 Site Location: 12800 S.W. Walnut Street (Wash. Co, Tax Map 2S1 �AD, Tax Lot 3500) Request: For a conditional Use Permit to construct a duplex unit on a City of Tigard R-15 "Single Family Residential" zone on a .93 acre parce'l. Previous Action: See zone change file ZC 19-79 and Minor Land Partition file MLP 12-79. I. Findings of Fact: 1. The site is desic�alated "Urban Low Density Residential" on the NPO #3 Plan and is currently zoned Wash. Ca. RS-1. r i �_... 2, Applicable ��licy's from NPO #3 Plan: Area site development - Polic� #4, page 13. Site and pub.li.c improvements - Policy 5 and 6, page 14. Duplex develo�ment - Policy 7, page 15. � � 3. The site has two existing single story resiclences in the southern � portion of the lot. � 4. The surrounding larid uses include single family dwelling to the east � and south and a vacant grassy field to the west. ` t 5. The subject site will be served by Walnut- . Street which is a colleator street as desic3nated in the NPO #3 Plan. The right-of-way for a co1- lector street is 60 feet and the pavement width is 44 feet. The current � right-of-way on Walnut Stree� is 50 feet. � 6. TiJater service is available from a 6 inch line on �Valnut Stree�. 7. Sanitaxy sewe r se-rvice is available off of 128th avenue to the north of the subject site approximately 120 feeto 8. The request conforms with Section 18.20.020 of the Tigarcl Municipal Code as a conditional use to allow duplex development. 9, The Comprehensive Plan allows duplex in the.R-15 zone if the following � criteria exists: 1. That the duplex ' ` buffer singl� family residences. � �� , i __—�–�--..� , ._. , _ r , � STAFF REPUI2T AGEI�IDA 5.�b �:� TIGARD PLANNING GObuQISSION June 19, 19�9 - 7e30 P.M. Fowler Junior High - Lecture Room 10'86:5 S.W. Walnut Street - Tigard, Oregon Page 2 Tt has been dztermined that this pruject will. 2. If the duplex: is adjacent to a collector or m�jor throughfare. This projeet is 3. If tlze du�lex develo�ment will not alter the character of the surrounding neighborhood_ This development will co-exsis�t with the surrounding neighborhood. SinCe thex�e are duplex and triplex uni.ts to the north in the Bellwood and Morning Hill developments. II. Conolusionaxy Findings; l, The re�uested coriclitional use is in conformance with the CompreY:ensive Plan �or lanci use and the Tigard Municipal Code. 2. S.W. T•Valnu't Street requires an additional 1Q feet of xight-of-way along the fron�.age of the subject site with half street improvements to collector street standards. Walnut Street is currently in taash. Co, jurisdiction. 3. Sewer and water are available to the site. � i III. Staff Recommendations : � a� � �� Staff recommends approval subject to the following conditions: l. That the applicant dedicate 10 foot right-of-way along the frontage of the subject site on S.W. Walnut with half street impravements ta � colleetor street standard prior to btii,l�lin� narmi;t ap�roval. ' � 2. That �onstruction and drainage plans be submitted and apnroved by � the City Engineer and Builc�ing Departments �rior to issuance of building permits. i'; ,; 3_ No changes will be made to approved plans or s�ecifications unless ?i formal application is made to the a�propriate dep artment and ohanges are appxoved by that department. Application for changes wi11 be made in writing and shall inclucie a�plicable drawings, engineering � specifications and other details requested by the department. I10 �a construction shall take place in these instances until after the ? changes have been approved. Any deviation from this condition wi11 �' result in the immediatP posting of a stop work order on the project or any poxtion of the project. i t,i R�port prepared by Ken Selby` Reviewed by: A1 `e oward * i�' Associate 'ty Planner Pl n' g nir.ector ', i j; !. 4 �� . . . . . � �x� � ! �'• �a f,;- . . . . ... . . i�,.. . . . . . . . . . . . . . . . � . . . � � � �,�: . . .. . �. � . � . . . � . . . , ��n; �i ., I� >; �- > r, _:-- i �,, ;; STAFF REPORT AGENDA 5.5 , � T:CGARD PLANNING COMMISSION y June 19, 1979 - 7:30 P.M. Fowler Junior High - Lecture Room 10865 S.TiV. Walnut Street - Tigard, Oregon ;: Docket: Conditional Use CU 11-79 (Canterbury Crest Sanatorium) Applicant: Canterbury Crest Sanatorium Owner: Oregon Foundation, Inc. 10575 S.W. Canterbury Lane 10575 S.W. Cantesbury Lane Tigard, Oregon 97223 Tigard, Oregon " Application date: May 15, 1979 Site Location 10575 S.W. Canterbury Lane (64ash Co Tax Map 2S1 l0A Tax Lot 502,503) Request: For a conditional use permit to operate an existing nursing facility in an "A-2" zone. Previsous Action: The land was annexed in 1959 (Ord. No. 69-17) and given Cit� of Tigard A-2 zoning in 1970 (Ord. No. 70-�32) Records do not show the granting of a conditional use permit. On April 20, � 1979 design review approval was granted for a storage room addition to the nursing home. 2. Findinc�s of Fact: � The nursin g home has been operating within the City since 1969. The land j� is zoned A-2. A sanatorium is allowable as a canditional use in an �-2 zone. j;� � 2"he site is well landscaped and aomplies within a7.1 the applicable zoning i. requirements af the Cit�. Without a conditional use permit thE complex exi.sts as a nonconforming use within the City. In order to comply with the Comprehensive Plan and ths present zoning the project needs a conditional use permit. II. Staff Recommendation: Staff recommends approval. ��,« � Report prepared by; Hi.1a enzie Reyiewed by: Al ' ward ', P], sistant P ing irector � ,,, f; �. r j, �: � ��'� � ?'�: � i%�: � 7; �. i, , �. !, �s STAFF REPORT AGEIJDA 5,6 ��.- TIGARD PLANNING COMMISSION v� June 19, 1979 - 7;30 P.M. Fowler Junior High - Lecture Room � 10865 5.41. �Valnut Street - Tigard, Oregon � Docket: MLP 10-79 (Rec ZC 7-77, MLP 6-75, MLP 3-77, D�LP 13-78, TU 8-7$, TU 5-79( Applicant: Mr. Ken Bouman Owner: Mr Lillegard and '. 9290 S.W. Durham Road Mr Bouman Tigard, Oregon 97223 �I Application Date: Nlay 14, 1979 (Date of Ap�eal) Site Location: At 92nd arid S.P7. Durham Road (Wash Co Tax Map 251, 14A, Tax � I,ot 400) Request: An appeal by Mr. Bouman in regards to denial of his minor land partition (at the above location) by the Planning Director an May 9, 1979. Previous Action; On April 25, 1977 the City Council approved a zone request ZC 7-77) by the applicant on a parcel of land l�cated at the corner of S.�V. Durham and S.W. 92nd Ave. On April 5, 19'77 the Planning Commissian ap�roved a Minor Land Partition by `' �'` the ap�licant on a parcel of land located at the intersection '- of S.W. Durham and 92nd Ave. �z September 1, 1978, Mr, Bouman recei,ved approval for a Minor Land Par�.ition at the southwest corner �f S.W. Durham Road and 92nd Ave, by the Planning Commission. ,C:� September 7, 1978, the City Administrator granted Mr. Bouman a three month Temporary Use Permit to locate a single family dwe119.n� on a parcel of lanc3 1oc�ted on the east side of tax lot 304 which fronts S.W. Durham . '. and 92nd Ave. On April 23, 1979 the Ci•ty Administrator granted Mr. Bouman a Temporary Use Permit to locate a single family unit on the western portion of Tax Lot 400 which lies west of 92nd Ave. The Temporary Use is good until June 23, 1979. The Applicant re�uested the Temporary Use pending approval of a Minor Land Partition. On May 9, 1979, the Plann:�ng Director denied the rzLP r�quest based on the fact the partitioned por- tion would not abut: a public right-of-way as required by section 1.7.36.020 of the Tigard Municipal Code (see attached Staff Report dated May 9, 1979) . I. Find.ings of Fact: l. '1'he site is designated "Urban Low Density Residential" on the NPO #6 Plan and is zoned R-7 "Single FamiI.y Residential" allowinc� four dwelling units per gross acre. �,, I � I �4.,..._,.. . .. . .. . � � . . � .. .. � d 11 STAFF REPORT AGEIQDA 5.G TIGARD �LAI3I�IIQG CONutiiISSION '_ * June 19, 1979 - 7:30 P.M. Page 2 MLP 10-79 2. The applicant is appealing the May 9, 1979 decision by the Planning Director (see attached Staff Report) which denied his partition request. The applicant argues that the parcel in question has ad- equate access off 92nd Ave, with a 10 foot easement and therefore, does not need to abut'. a public right-of-way. Specifically the �pplicant presents his case that Section 17.2£i.020(2) of the Tigard Municipal Code permits a private �asement for an unusually deep lot. (see attached letter dated �Qay 25, 1979) . 3, In the letter c3ated May 25, 1979, section 17.28.020(2) requires approval by the Planning Commission and ". . .�rovided it is the only reasonable method by which the rear portion of an unusually deep lot large enough to warrant petitioning into two or more parcels may obtain access,.. ." A �rivate easement off 92nd Ave. �s not the only access. Kneelend planned develo�ment which is adjaoent west and south of the subject site wi11 begin construction this summer. A street through Kneelend Estates will fror�t the portion of site in question (see attached map) and create a "direct ' public" access. 4. The applicant, over a three year time span, has nieced together mi.nor partitioned lots in 'the same v..cinity. He has oreated app•roximately �. six single family lots adjacent to one another. In retrospect it can be detexmined that a �ubdivision appl,ication v�ould have been approp riate for this site. The applicant in the minor land partition application is creating several deadend driveways which limit any possible traffic circulation pattern. 5. The applicant has delayed and evaded c�mpletion of street improvement along 92nd Ave. ; i� II. Conclusionary Findings: • 1. The a;�plicant has cr_eated several partitione.d lots tl�rough the minor ? land garti�tic�n application. This action has resulted in prohibiting � good traffic pattern development. � � 2. A "direct public access" to t.1e site in question is emirrezit when i Kneeland Estatea I 3. The applicant's delay in providing street improvements pxior to develop- ' ment of the lots has not been in the public interest. } � � � �i i � I z � � � � a § � _ _ — _ � fi � :� STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION � June 19, 1979 - 7:30 P.M. Page 3 MLP 10-79 III. Staff Recommendation: Staff recommends that the Planning Cammission uphold the action by the Planning Director and deny the appeal based on the following: The western portion of the proposed partitioned parcel (approximately 31,500 square feet) will nat be abutting a public street as required by Section 17.36.020 of the Tigard Municipal Code. Prepared by: Ken Sel Reviewed by: A1 '� oward Associa City Planner P1 ni g Director ; l � ,d I �,. t ; '� �: ,i ij � � r� � Y': �: , , << ; �, c; �: i;i �:� � � � � !' ri � � ��+ . . � . .. � . .��ii�. �,t � � � �: . . . . . . . . . . . . S�S . � . . . � . . 4�. � � . . . . � . . .. � � . . . �5� • . . . . . . .. . . , ��. .... ,. . . . . . . . . _ . . . . . .� . . .. .-. . �