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Planning Commission Packet - 08/07/1979 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. * AGENDA TIGARD PLANNING COMMISSION August 7, 1979 - 7:30 P.M. Fowler Juriior High School - Lecture Room 10865 S.W. Walnut - Tigard, Oregon 1. Open Meeting: 2. Roll Call: 3. Approval of Minu�tes from Previotts Meeting(s) : 4, Planning Commission Communication: 5. �ublic Heurings: A. Staff Report B. Applicant's Presentatian C. Public 'Pestimony l. Proponent's 2. Opponent's 3. Cross-Examination D. Staff P•ecommendations E. Commission Discussion & Action 5.1 ZONE CHANGE ZC 26-78 (Mackenzie/Saito & Associates) NPO #2 � A request by Mackenzie/Saito & Associates for a zone map amendment with General Plan and Program Review from Wash. Co. MA-1 "Limited Manufacturing/Production" District to City of Tigard M-4 "Industrial Park" zone on a 44.46 acr_e site, south of Scholls Ferry Road (Wash. Co. Tax Map 151 34AA, Tax Lots 100,2.00,300, and 400 and Tax Map �S1 35B, Tax Lot 1700) 5.2 SUBDTVISTON S 13-77 (Kneeland Estates) NPO #6 A request by Donald E. Pollock Investments for re view of preliminary plans for Kneeland Estates on 18.65 acre parcel, located at 5.W. 92nd ; Avenue near Durham Road (Wasli. Co. Tax Map 2S1 14A, Tax Lots 700, 800, 801) 5.3a ZONE CHANGE ZC 15-79 (City of Tigard) NPO #3,6,7 �a A request by the City of Tigard for zone map amenament from Washington ; County RU-4 to City of Tigard R-7 "Single Family Residential" on the �. following parcels: ` i Tax Map 2S1 11CA, Tax Lot 1U00, South of Sattler 5�. , east of 100th Ave : Tax Map 2S1 11BD, Tax Lot 316-6, North of SW Murdock, east of 100th Ave e' Tax Map 2SI 11BC, Tax Lot 1000 & 1700, E of 103rd, N & S of Uiew Terrace Ct � F, Tax Map 2S1 ZOA, Tax Lot 31D0, 3101, 2501, 2602, 22O1. and 2607, N. of Bull Mountain Road E and W of 114th Avenue i` � : ;: �, , �. ;?: �� AGENDA TIGA�2D PLANNII�7G COMMISSION ��,�.�� August 7, 19�79 � � Page 2 Tax Map 251 3BA, Tax Lot 140-3Q, 141-31, 139-29, 101-01, 102--02,900,1002 and 1000, S. of Katherine St. & E of 121st Avenue Tax Map 251. 3BB, Tax Lot 6600 & 6700, N of Walnut St. & W of 5W 121st Ave/ Tax Map 2S1 12B, Tax Lot 270Q, S of Bonita, E of 81st Avenue 5,3b ZONE CHANGE ZC 16-79 (City of Tigard) NPO #3 A request by the City of Tigard for zone map amendment from Wash. Co, RS-1 to City of Tigard R-30 "Single Family Residential" on a 2.40 acre parcel, located N of Bull Mtxi. Road & E of SW McFarland Blvd. (Flash. Co. 2'ax Map 2S1 lOBD, Tax Lot 100) . 5.3c ZONE Cf3ANGE ZC 17-79 (City of Tic�ard) NPO #3 A request by the City of Tigard for zone map amendment from Wash, Co. R-30 to City of Tigard R-30 "Single Family Residential", located S. of SW Gaarde and E, of 125th Avenue (Wash. Co. Tax Map 2S1 IOBB, Tax Lots 700,800,900,1000,1100,1200,1300,1400,1500,1600,1700,1800,190Q, 2000,2100,2200,anc1 �2300 and Tax Map 2S1-lOBC, Tax Lots 300,400,500,600, 700 and £300} . All the aforemerztioned lots axe within the Hazeltree Sub- division Development. 5. 3d ZONE CxANGE 'LC I8-79 (City of Tigard) NPO #3 w. .' A request by the CYty of Tigard for zone map amen dmerit frc�m Wash. Co. R-30 to City of Tigard R-20 "Single Family Residential", located N of Bu11 Mtn. Road and E of 117th Street (WasYi. Co. Tax Map 2S1 IOBA, Tax Lot5 2400,2500,260U,2700,2800,29Q0,3000,3100,3200,3300,3400,3500, 3600,3700,3800,3900,4000,4100,4200,4300,4400,4500,4600,4700,�4800,4900, 5000,5100,5200,5300,5400,5500,5600,5700,58Q0 and Tax Map 2S1 IUBD, Tax Lots 200,3�0,400,500,600,700, & 800) . A11 the aforementioned l�ots are within the Shadow Hi11s Subdivision Development. 5.4 ZONE CHANGE ZC 28-79 (William A. Cochran) NPO #7 A request by Mr and Mrs. William A. Cochran for a zone map amend- ment from City of Tigard R-7 "Single Family Residential" t� City of Tigard R-S on a .40 acre parcel, located at 10695 S.W. North Dakota (Wash. Co. Tax Map 1S1 34n, Tax I,ot 402) 5.5 ZONE CHANGE ZC 27 79 (Fred Meyer, Tnc.) NPO #4 A request by Fred Meyer, Inc. , for a zone map amendment from City of Tigard R-7 "Single Family Residential" to City of Tigard C-3 "General Commercial Zone" on a (7.93+ acre parcel, located at 7410 S.W. Spruce S�kreet (Wash. Co. Tax Map 1S1 3bAC, Tax Lots 3500,3600 � i 3700) i I � l � a � k �', il . .. e . . . .t,i .. . . . � . � . �..�.26 . . � � . .� ��. . � �14�.' r ___:._.. . : �i r, . i; � � M � AGENDA ; � 'i; TIGARD PLANNING COMMISSION F� � � August 7, 1979 :;. , Page 3 �i 5.6 CONDITIONAL USES CU 14-79 (Trademark Iiomes, Inc.) �� NPO #5 � ' A r.equest by Trademark H�mes, Tnc. , for a Conditional Use Permit to �' place a steel tank underground for d�esel fuel in a M-4 "Industrial Park" aone on a 2.76 acre parcel, located at 72nd Avenue and Sandburg Streets (Wash. Co. Tax Map 2S1 1DC, Tax Lot 3700) 5.7 VAR3.ANCE V 5-79 (Creekside Park) NPO #3 A request by Ed Gause for a variance for a sidewalk located next to the curb in a R-10 "Single Family Residential" zone on a 5.20 parcel, located at S.W. ' .th and Gaarde (Wash. Co� Tax Map 2S1 3CD, Tax Lot 3700,3900, and �000) . 5.6 MI,SCELLANEOUS NPO #6 A request by Mrs. Ima Scott for a review of the Canterbury Woods llevelopment. 6. 01d BusinESS: 7. New Business: 8. Other Business: I:l Request by Regional Consultants, Inc. in behalf of the Robert Randall '"' �, Co. for a street dedication as described on the street dedication form. �I'r 9. Adjournmen t: �. ',;I ; 'a ;;i � . ��•...: �h �� , � � � �� _ . � �,� MTNUTES TIGARD PLANNING COMM?SSION Atxgust 7, 1979 -- 7:30 P.Ni. Fowler Junior High School - Lecture Room � '1 10865 S.W. Walnut StreEt - Tigard, Oregon President Tepedino OPENED the �eting at 7:35 P.M. He asked, in view cf the apparent number of persons wishin� to speak, for brevity and non- repetitiveness in public tes�imonys ROLL CALL�: Present: Bonn, Funk, Helmer, Herron, Smith, Speaker, Tepedino, Wood (who arriv�d at 7:55 P.7�I.) Absent: Kolleas Staff: Selby, Howard The MINUTES of the July 17 meeti.ng were considered. Speaker asked for correction of page 7, pointin:g out that Recommendation 7 as written was correctly handled in Recommendati.on 5, and therefore should be deleted; and that Recommendation 8 should therefore be renumbered 7. Wi�t'h this correcti�n it was moved, ser.onded and carried that these minutes as submitted and corrected be appro�ed. The President opensd the PUBLIC HEARTNG by reading a statemei�t indicating the author.ity for the meeting and the procedure ta be followed. 5.1 ZONE CHANGE ZC 26-78 (Mackenzie/Saito & Associates) NPO #2 �.�: A request by Mackenzie/Saito & Assaciates �or a zone map amendment with .j ��, General Plan and Program Review from Wash, Co. MA-1 "Limi�ted Manufacturing/Production" District to �ity of Tigard M-4 "Industrial Park" zone on a 44.46 aare site, sou�ch of Scholls Ferry Road (Wash. Co. Tax Map 1S1 34AA, Tax Lots 100,200,300, and 400 and Tax Map 1.51 358, Tax Lot 1700) . Selby read the STAFF REPQRT and STAFF RECOMMENDATTONS, correcting Recammendation 2 to oall for " . . . . install.ation anc3 maintenance to collector street standards . . . ." (rather than 1oca1� ; and correcting Recommendatian 9 to read " . . . . apply for and recei�te approval of a subdivisian plat . . . ." (rather than i�) . He then read letters as follows: f'rom Fire District No. 1, dated July 24, indicating a�prc�val of the plan a� submitted; from the Dz.strict Engineer of the Oregon Department of Transportation detailing progress to date iz� planning far S,W. Scholls Ferry Road �t this point, which is aomplicated by the impending development of the Southern Pacific Company's industrial park across the road fram the Ko11 development; and a letter received August 3 from Donald R. Jarman, a resident of the neighbaring Inglewood subdivisi,on, commending Koll's rel.ations w.ith the neighborhood and stating his approval of the project as planned. The APPLTCANT'•S PRESENTATION was made by Eric Saito, ArchitPCt of Mackenzie/ Saito & Associates, representin g �o�,�, �isi,ness Center, He introduced several others from Koll. Company and their consultants who woulc3 be avai:Lable to answer questions. He presented clarification of six ite�s: 1, :Ln the last line of page 1 of the staf� report, the word "cause" �° should be "allaw" so as to read, "This action woul.d allow the developer �,} to construct the project in phases." 2. The applicaTat is agxeeabl.e ta working out a mutually satis�'actory arrangem�,nt for decli cation and maintenance of greenway and streets, but pointed out Koll could grant only the rights it had under a 3 . . •MTNUTE5 TIGARD PLANNING COMMISSION August 7, 1979 - 7:30 P.M. Page 2 `; long-term lease from the owners of the land. 3. He called attention to pp. 40-41 of the narrative submit•ted where the request for additional conditional use for repair was defined and e�lained. 4. He felt it important that all the conditional uses be available to Koll for tenants without a time lim.i.tation in order to avoid the necess�.ty for appearing repeatedly before the Planning Commission for approval of these uses as suitable tenants can be found. - 5. The praject is divided into five distinct parcels of land with metes and bounds descriptions: (1) open space; (2) access roads; (3) and ' {4) Parcel A as described in the narrative, being the first phase; (5) Parcel B, being the second phase of the project. 6. He called attention to the obvious errors in the DEQ Indirect Source Construction Permit, reproduced on page 59, which indicates the source site as Tigard, Washington, an d the County as Multnomah. Mr, Saito reiterated that the Washington County Fire District has approved the circulation patterns, that Ko11 is working w.ith the ODOT on the Scholls Ferry Road intersection, and that letters from the three property owners a].ong Scholls Ferry--Southern Pacific, Koll, and the Robinsons--expressing agr�ement as to the alignment of the intersection with Scholls Ferry Road, will shortly � be forthcoming. Ther� was no PUBLIC TESTIMONY. Smith asked if the public street would be dedicated. Saito replied the streets would be dedicated--such an agreement had been reached with the lessar. However, nothing simi.lar has been �rranged with respect to the greenway. Bonr. asked about the increa�ed building coverage i.n this p].an as compar�d ; to the earlier proposal. Saito stated there is a substantial reduction in the length of the road, and that space was saved in the realignment of the inter- section with Scholls Ferry �and by making a building two stories instead of one. Floor elevations as indicated were questioned by Funk in relation to the floQdplain. It was �ointed out there is about a three-foot difference in elevation, of Fanno Creek as it passes by the project. Jerry Palmer, an engines r, acknowledged the indicated floor elevationv�as in error: it was the p intention to have the floor elevation two to three feet above the floodplain i (well above the 1� feet specified in the ordinance) , and this would be corrected. 5peaker inquired the effect of a changed city ordinance, for instance, in connection with Koll's guarantee of a tenant's ability to continue operation (pp 18-19 of the narrative) . Bill Gox, attorney for Koll, responded that subsequent tenants would of c.'ouYse hav� to abide by the current ordinance. It was unclear, in discussion on the Commi.ssion, what the effect on tenants ' operating under provisions of a superseded ordinance might be. The President then closed the public hearing on this item. � � k ,,., _ , .; ��k .,..�.. . .. � � MINUTES TIGARD PLANNING COMMTS$ION August 7, T979 - 7;30 P.M. , Page 3 � COMMISSION DISCUSSTON AND ACTION: Since no further questions f rom Commissioners appe ared to be forthcoming, Speaker MOVED approval of Zone Chan ge ZC 26-78 PD, based on staff findings and staff re.commendations, with the two slight corrections to Recommendations 2 and 9 already noted; and that mpairs related to industrial and business e.quipment be added to the list af app roved condit.ional uses as found on pp. 40-41 of the narrativ�e. Bonn seconded. Smith asked staff if they were comfortable with the drive-through p.arking lots as access to the lon g cul-de--sac. Selby replied the plans had been re viewed by both the Fire District and the Public. people, and neither raised objections. Smith questioned the pexmi.tted site coverage, which staff stated is in accordance with the previous floodplain ordinance which governs this project, He raised the questions of adequacy of parking spaces in relation to the increased buil.ding square footage, which Selby stated had not been recalculated because the original plan had exaess parking spaces. Smith asked th�t a Recommendation 10 be included as follows: That the number �f parking spaces provided shall comply with the current ordinan.ce. Speaker added this provision to the motion, and it was agreed to by Bonn, the second. Smi.th questioned whether access by large semis, for instance, would be adequate. Selby pointed to Recommendation 5 which requires all such site characteristics to be approved in the site design review process. The motion as amended was then carried, with Wood abstaining because of an apparent conflict of interesi:. Wood then took the occasion to compliment the applicant on the quality of his presentation, and especially for the can�lid . and fa.ctual treatment of the property tax impact of the development on Tigard � . and its citizens. Mr. Saito then asked about the time limitation ori the permitted conditional uses. After discussion with the staff, it was agreed thEy were inherent in the approval of the project as submitted and approved by the City Council, and would not lapse at the end of one year if not used in that period, 5.2 SOBDIVTSION S 13-77 (Kneeland Estates) NPO #6 A reguest by Donald E. Pollock Investments for review of preliminary plans for Kneeland Estates on 18.65 acr.e parcel, located at �.W. 92nd Avanue near Durham Road (Wash, Co. Tax Map 251 14A, Tax Lots 700,800, and 801) . Howard stated the staff report submitted with the packets was that p r_epared for administrative approval in June, 1977. Since substantial. canstruction has not been coirunenced within one year, the applicant must ' request permission to proceed with the development at this ti;me.. 2"he major obstacie ha� b�en sewer service, which is just now becoming practical for this area. . Availability o£ sewer service was a condition of the original application (Recommendation 8, which did not permit recording of the final plat until such time as public sewer service is available to the lots) . The only change of substance is the addition of five lots along Durham Road. Donald E. Pollock in the APPLIGANT'S PRESENTATION stated simply the �} deve'lopment had not been pursued because of unavailability of sewer �rior to this time. There was no PUBLIC TESTIMONY: _ _r � • 'MINUTES i TIGARD PLANNTNG COMMISSION August 7, 1979 - 7:30 P.M. � Page 4 � COMMISSION DISCUSSION AND ACTION: Howard reported that a road problem whirh arose in a recent hearing on a land partition request by Ken Bouman has beeri resolved in this plan for Kneeland Estates. Speaker inquired whether dedication of right of way for Durham Road had been required on Lot 500, which fronts on Durham. Staff stated this was a condition of the subdivison. Speake r also aske d if there would be access by the subdivision onto Durham Road. The answer was no. Wood moved for approval of an extension of time on Subdivision S 13-77 based on staff fin dings that the conc7itions have not chamged materially since the original approval. The znotion was seconded by Herron and unanimously rarrie d. 5.3a - 5, 3d ZONE CHANGE ZC 15-79, ZC 16-79, ZC 17-79 & ZC 18-79 (City of Tigard) Selby explained that when this came before the Commission p re viously, eight tax lots wexe omitted because of only quarterly posting of the information onto the data used by the Staff. The pareels are all annexed to the City, developed to County standards, an d are considered fully developed. Z'he 5TAFF REPORT was not r�ad. There was no PUBLTC TESTIMONY. ' r�' COMMISSION DISCUSSION AND ACTION: It was determined this is strictly an administrative matter. Smith moved approval of Zone Changes ZC15-79 through ZC 18-79 based on Staff Findings and Ftecommendations. The motion was seconded by Bonn and carried unanimously. 5.4 ZONE CHANGE 2C 28-79 (tiVill.iam A. Cochran) NPO #7 A request by Mr. & Mrs. William A. Cochran for a zone map amendment from City of Tigard R-7 "Single Family Residential" to City of Tigard R-5 on a .40 acre parcel, located at 10695 S.W. North Dakota (Wash. Co. Tax Map 1S1 34D�F Tax Lot �6z��.... 1�o,r Howard read the STAE'F FTNDINGS AND RECOMMENDATIONS. Selby reported a conversation with the developer o£ the lots on 106th Avenue in W�.chit was suggested the applicant provide half-street improvements to 106th. Mrs. Cochran, one of the applicants, had nothing in addition to the staff report to o�'fer in the APPLICANT'S PRESENTATIOIV. There was no PUBLIC TESTIMONY. COMMISSION DISCU5SION AND HCTION: There was considerable discussion as to wh�ther the applicant should be required to provide half-street improve- ments along 106th Avenue. The background of a controversy between developers in the area was related. It was estimated that the cost to the applicant of improving both 106th and S.W. North Dakota would be $18,000. Smith stated as I ^' a dev�eloper he would be quite agreeable to development costs of $6,000 per lot, feeling it not unreasonable, Staff gave reasons for not requiring the applicants I� I f �. . . . . . . . . � .. � .' i_ . . . . . . . . . ' M:CNUTES ; TIGARD PLANNTNG CQMMISSTON August 7, 1979 - 7:30 P.M. Page '5 � to provide the improvements along 106th. The President complimented Staff for bringing out aspects of development which could be expensive for the applicant without her realization of the fact. The consensus was the a�plicant should not have to provid� half-street impro��ements to 1Q6th. Thereupon Woc�d MOVED approval o.f Zone Change 2C 28-79 based on staff Findings and Recommendations. The moti.an was seeonded by Helmer and carried unanimously. At 8:55 P,M. the Qresident declared a five--minute recess. 5.5 ZONE CAANGE ZC 27-79 (Fred Meyer, Inc.) NPO #4 A request by Fred Meyer, Tnc. , for a zone map amendment frorn City of Tigard R-7 "Singie Family Residential" to City of Tigard C--3 "General Commerczal�'.zone on a 0,y3+ acre parcel, located at 7410 S.W. spruce Street (Wash. Co. Tax Map 1S1 36AC, Ta:� Lots 3500, 3600, & 3700) . The STf�E'F REPORT AND RECOMMENDATIONS were read by Howard. Norman Krause of architects for Fxed Meyer made the APPLICANT'S PRESENTATION. He stated applicant accepts the recommendations and that the street is already in. However, it was pointed out it was built to County standards, which do not require a si,dewalk, and that the street would have to be brought up to City stanelards. 7.'here was no PUBLIC TESTIMUNY. COMMISSION DISCUSSION AND 1�CTTON: Speaker received confirmation that thi.s action is that man dated in pre uious hearing on the enl:argement of the G��den �nte r in the Fred Meyer cnmpZex. He commented on the dispaxity of the lan dscaping in the oldar '�igard complex as compared to the new Beave rton comp.lex now under construction, but acknowledged• requiring upgrading of the whole complex on �he strength of this request £or_ a �one change affecting only three lots was not really �ustified. It was ayreed, however, that the site design review called for in Recommendation 3 would require 1an d- �caping of �hese �.hree lots in accordanr,e with present ordinancas. Speake r MOVED approval of Zone Change ZC 27-79 based on Staff Findings and Recommendations. The motion was seconded by Smith and carried; with Wood abstaining because of possible conflict of interest, 1, 5.6 CONDITYONAL USE CI7 14-79 (Trademark Homes, Inc.) NPO #5 � 9 A request by Trademark Homes, Inc. , for a conditional use permit to place a steel tank un dergrnunc� for diesel �uel in a M-4 "Industrial Park" zone or� a 2. 76 acre pareel, located at 72nd Avenue and Sandburg Streets (Wash. Co. Tax Map 2S1 1DC, 7'ax Lot 3700) . � � � i I , i � � 1 MINUTES ir TTGARD PLANNING COMMISSIOIJ August 7, 19Z9 - 7:30 P.M. � Page 6 Selby stated this item is postponed until September 4 because the applicant's request is being amended to include a zone change, for which public notice must be given. !� 5,7 VARIANCE V 5-79 (Creekside Park) NPO #3 A request by Ed Gause for a variance for a sidewalk located next to the curb in a R-10 "Single Family Residential" zone on a 5,20 acre parcel, located at S.W. 119th and Gaarde (Wash. Co. Tax Map ?.S1 3CD, Tax Lots 3700,3900 & 4000) . Howard read the STAFF REPORT AND RECOMMENDATIONS. The applicant, Ed Gause, made the APPLICANT'S PRESENTATION. He objected - to Recommendation 1 wliich calls for a 10-foot emergency easement from this development to the Terrace Trails Subdivision cul-de-sac. Iie stated he would withdraw the request for variance and build according to City Code if this easement remainec! a condition. The only PUBLIC TESTIMONY was offered by Linda Andersan, 11805 S.W. Gaarde Street. She complained that the information which she was able to acquire spoke only to the variance in the sidewalk, and not at all to the 10- foot emergency ea�.ement. She felt i£ such an easement existed it would be used by others--something to which she was vigorously opposed. She did not care particularly where the sidewalk (the occasion for the variance request) was �;', located. �; i; COMMISSION DISCUSSION & ACT70N: Woad questioned the circumstances s" surrounding the two long cul-de-sacs� The physical characteristi.cs of the �' emergency easement were described by staff. The efforts of the Fire District � to get a second access in the area were mentioned. In ensuing discussinn '; Mr. Gause objected strenuously to the last-minute imposition of this conclition, which puts the burden on hzs development for something that has been thoroughly considered and passed by City Council due to pressure from the people of the neighborhood. Mr. Gause explained the reason for his variance request, pointing ou�. it is principally on the fill portion of the street where this is of much significance. It was apparent the request for variance would be abandoned before tl-ie developer would sacrifice approximately 3,000 square feet i among four lots in order to provide the desirec3 easeznent. ' ; After further discussion, Smith MOVED approval of Variance V 5-79 based on staf,f Report, but including only Staff Recommendations 2 and 3, and with the varianee limited to the fill area only. The motion was seconded by Bonn. �� Wood expr.essed his conviction the conaerns o£ the Staff and the Fire Marshall are �very legitimate and ar.e not to be minimized, but the desires of the Terrace � Trails resi.dents and the promi.se made to them by the City Council that the re would F' be no access between the twa cul-de-sacs was overruling. The motion then passed unanimously. 5.8 MISCELLANEOUS A reques�. by Mrs. Ima Scott for a review of the Canterbury Woods Devel,opment. �' Howard introduced this agenda item with the statemant there was na formal ; �I � _. . �� . � MINUTES TIGARD PLANNING COMMISSTON August 7, 1979 - 7e30 P.M. � Page 7 s Staff Report, Mrs. Ima 5cott had requested the item be placed on the agenda for consideration by the Commission, Howard readi.ly acknowledged the City rightly owes Mrs. Scott "a debt of gratitude" for her efforts on this project for the response of staff in properly taking "harder looks" at other projects. Fie recognized the action taken here tonight may not completely satisfy her, but at the very least she can know she has effectively helped others. Howard outlined issues as he saw them based on many long conversations with f�lrs, Scott and others in the past, These, he said, rnay or may not be issued to be b_rought up tonight. 1. Basements and lofts: Mr. Walden, Building Official met with the State Fire Marshall in Salem today. Together they vaork.ed out a press release and a letter to Mr. I-Ioffman, the developer, signed by the State Fire Marshall, The press release stated simply that the fire, life and safety code would be met when the buildings are ready for occupancy. The letter to Mr. Hoffman stipulated four conditions with respect ta the lofts, and three with res�ect to the }�asements which were to be met before occupancy. 2. Chimney chases : Howard stated there is nothing in the Code requi_ring chimneys to be enclosed by chases. However, the oric�inal drawinys submitted on the project did show chases on the chimneys. Alternatives to chases would be either paint�d or unpainted metal chimneys. � .�, I�t thYS point Speaker raised the question whether this should be determined � at the level of the Planning Commission ar Site Design Review. Howard stated the issues he is bringing tonight. are those he perceives as the principal controversies between the dev�loper and the neighbc�rs, arid that Y�opefully the Commission, after hearing both sides, can present a reasonable resolution to the conflzcting views. 3. Parking area: The Pire District took equipment to the project and found prob.lems with movement of the equzpment as originally planned, They prescribed � certain changes which will be made by the developer before occupancy. 4. Landscaping: This is a long and involved story, spanning changes in City staff which des•troyed continuity. The landscape design originally submitted was not dane by a landscape architect. It had problems at the site d�sign review level, but apparently was approved and filed. The developer bought a sewer ease� � ment f�om the Calaway Hill Homeowners, and part of the consideration, which was r� duly noted on the ap�roved landscape plan, was construction by �:he developer of a ', 'hot less than 5-foot site-obscuring fenr,e" along the east property line, Some time later when Howard askec� the developer for a copy af the landscape plan, he was given a completely different plan which had been prepared by a registered landscape "i architect subsequent to the approval of the original. Howard stated that ;`� : approximately one-third of the landscaping according to the new plan has been 'i installed by the developPr around units he is showing to prospective purchasers. F3e offered as alternatives to the Commission, approval of the original plan; a appraval of the revised plan; or approval of a plan with modifications which he ' would suggest. He pointed out that a large earthen berm has been installed in the � northern and eastern part of the project which affords a de gree of privacy, which =� is an issue with the adjoining resider�ts. Large trees on th.�s berm wouJ.d enhance the privacy desired.. 'j `� i 1 , °i t� �C6 �; __ � � MINUTES TIGARD PLANNING COMMISSIQN August 7, 1979 - 7:30 P.M. � Page 8 5 . Vegetation, wc�ods trail: The original plan contemplated a small detention pond for storm runoff. This has been eliminated i.n favor of underground drainage, because such ponds are a breeding ground for mosquitos. Paths through the woods are eliminated in the interest of maintaining native vegetation intact so far as possible. With this introduction Howard suggested the Commission follow the usual format of a publia hearing. j The equivalent of an APPLICANT'S PRESENTATION was made by Joe Van I,om, architect for the project, He first discussed. the landscaping plan originally � submitted, which had a number of problems with it. The submitted plan was ; rejected. It was his understanding a plan was never approved. He quoted a passage from the design approval in• design review which�in effect�deferred final app roval until after the buildings were in plaee, because , it was ind�.cate d, "better plan can be de�igned after the buildings are in place, since it will coincide with vegetation loss due to construction activity." Van Lom stated the owner was required on no less than four occasions to stake out the builclings on the ground to evaluate both the outlook and the impace �n the numerous tre�s e st tecl the idea was to £ormulate the final lan dsca in plan ; in the area. H a P g after it was known what trees would be in the courtyards, etc. The plan designed by the landscape �rchitect was done during constructic�n when the impact of cona,truction oi� the or.iginal setting was kxz�wn. Van I,om characterized it as a good plan, which was follawed on units readied for display to p.rospective buye rs in the de ve lopmen t. Van Lom e�plained about the chimney chases. The original plan showed chases 'i about half way up. Howevery after viewing early construction in its envrionment� �' it was felt. the chimneys looked better without the chases and with the chimneys � expasnd in that particular environment. Hence the suggestion chases be omitted � in areas where lack of them would not be very noticeab�Ze. He�thereuponS showed a number of slides of the project from various points, including a number of aerial shots. Included were views of short lengths of the fence called for, and of the berm and its bu£fering effzct, and of chimneys with and without chases. There was no PUBLIC TESTIMONY in favor of the project. Speaking in oppositiun were: Richard Geisert, attor.ney representing Mrs. Elizabeth Anderson, a resident 1 to the west af the project. He protestFd changes in the original plans ,� submitted for public consideration r,vithout adequate justification (presumab�.� subject to input f.rom and approval by the public) . He protested the "save-a-tree" philosophy as justification for elirnination o� the park in the light of the removal of trees in the hal,�-street dedi.cation which may or may not be further imprc}ved for some years. He o�ined the be.rm was of little con5equence in the �' p rivacy issue wT�en there is a veiw from Ganterbury Woods balconies looking into Calaway Hills 7.ivin� rooms (applause from audience) , Upon being asked by Commissioner Smi.th, he stated the developer should be required to build the project in strici: confo-rmity with the plans as originally approved, even though that requires disassembly of a variation therefrozn. He felt the neighborhood �' : ,� � _ : MINUTES TI('aARD �Lp,NNING COMMISSION � Augt�st 7, 1979 - 7:30 P.M. Page 9 i { 3 j � should lzave been included in the authorization process for any change. Speaker questioner3 whetPier the removal of the trees in the half-street dedication was require d by the City. The answer given was no. Mark Feichtinger, attorney representing the Calaway Hill Homeowners Association thn�tigh its board of directors, asked the m�mbers of th•e Association in ttze audience to stand (perhaps 20 to 25) . He stated �:he Homeowners Association was not in favor of dism3ntling the project, He called attention to the height disparity of the buildings, which. are separated by only 40 or 50 feet. He dwelt on the function of a "good neighbor" fence. He stated his clients concerns were limitecl to: (1) fir trees to afford privacy, and (2) the fence. These should be installed before certificates of occupaney are issued. Marge Davenpor� protested removal of trees which permitted a view from the new buildings into her swimming pool and hot tub. She asked for 20-foot fir .tmes; a fence along the south property line; replanting of trees r.emoved in the half-street dedication of 109th Avenue; and a fence along the west side also. ' Sandra Stewart, Z4923 S.W. 106th, presented a petition bearing 7?. signatures demanding a five-foot fence and fir trees as required by the landscaping plan approved February 23, 1978, Forrest Hall, 14911 S.W. 106th, protest�d the bare chimneys and the view afforded from the balconies into his patio and bedroom, With respect to the landscaping, he was not pa.rticularl.y concerned with the changes in the interior, but he is concerned about c;hanges in the fir trees contempl.ated in the original plan. CROSS EXAMINATION AND RF�UTTAL: Mr. Van Lom stated emphaticalYy the fence i � would�be built along th� east side as shown on the pl.an (which shows it prooeeding � southward until encountering significant n ative vegetation) . He called attention to the fact that under the original R-7 zoning, a one-story house cauld be built to within five feet of i-�e property line, or a twa-story house within seven feet, He pointed out there is no shielding on the Calaway homeowners' properties, and reite rated the fence would be built in accordance with the pri�at.e ac�reement with the landownexs. He asked for resolution by the Commission of the chimney chase issue. He ass�red fir trees wauld be planted in the area. Mr. Feichtinger highly approved the assuranae the fence would be installed, '� asking that �_t extend along the entire east property line. He asked for tall fir � trees . at a density at least equal to the oxiginal plan. FIe commended a request in a letter o;f July 16 from Mr. How�ard'- to Mr. Hoffman for a six-foot sight- ol�scuring fence, and 15 large Douglas fir trees as being "basically compati.ble with our needs". On questioning by Speaker as to the number of trees requested, he referred tQ the oxigi,nal plan which shows eleven. He agxeed to more if t:he staff felt neaessarX, but a minimum o� eleven. Marge Davenport urged plantinc� of substantial trees to afford privacy in the southwest corner and along the south ' line. ' j. � }, .. . : ; . . :r; �ar�r _ .. :_ MINUTES TIGARD PLANNIN(.', CQM,IyISSI;QN August 7, 1979 - 7:3D P.M. Pags 10 ;� Mr. Richard Geisert approved Mrs. Davenport's views, asserting the removal of many trees along the southwestern bot:tndary and in the 109th Avenue right of way has caused a surface drainage problem and a privacy problem, and asserted planting of additional trees is called for. - COMMTSSION DISCUSSION AND ACTION: Howard repoxted that Mrs. Ancierson has sued the City in connection witr� this pxoject, and that the case would probably come to trial in November. The Commission discussed wa.th Staff various aspeCts of the chimney issue, the fenee issue, and the tree issue. Howard felt the lan�dscaping plan as submitted by the landscape architect would be satisfactory with the addition of fir trees alon g the east and north boundaries. Smith, speaking as a developer, stressed the imp�rtance of the placing of such trees to assure the maximum screening effect, and suggested the developer, the �taff and the homeo,vners agree on the specific , location to secure the desired effect. Helmer felt that sinae the original plan called: for chases, they should be installec3. Speak�r advocated specifying a ---- fxxed number of trees, since what might be considered adequate ta one person might be quite inadeqiaate to anotlzer. Howard felt this was almost mandatory under the circumstances. Thereupon S�eaker MOVED the Commission approve: (1) chases on the chimneys, in accordance with the original plan; (2) that a not-less-than five-foot sight- r obscuring fence be con�tructed, and installed along the entire east boundary so as not to destroy significant vegetation; and (3) that eleven 2U-foot fir trees be installed on the eastern boundary, plus four on the narth boundary. The motiori w�s seconded b Her.ron. Wood suggested the Commission consider the Y assertions of the western ana southerr neighbors as to removal beyond the origin al plan. of trees affording privacy, and questioning whetlaer the developer should be required to replaae some or a11 of thezn. Discussion on the Commission indicated this was not felt practical. Speaker commented that privacy in a city cann.ot be the saane as in a r.ural setting, and suggested the op�osition to this project was perhaps in part the pains of urbanization of a previously rural enviranment. Sit�ith suggested the exposed portion of the chimneys be painted. Speaker agreed to add this to his motion, with the consent 6f the secand. Thereupon the motion as �. amended carried, Snrith Wood abstaining. The President then closed the public hearing portion of the meeting. There was no OLD BUSINESS: Under NEW BUSINESS President Tepedino read a letter of resignation from the Pl.anning Commi.ssian from Marc W�ad. Tepedino and others expressed appreciation for his ��.rvice an the Commission. The President expressed a need far a V'ice President, and suggested Commissioner Speaker for the spat. This suggestion was favorably received as a nomina.tion, and Speaker was named Vice President. 7'here was discussion of apparently illegal fill in the floodplain south of Banita Road, and steps being taken by the City to have it removed. It was determined the next Commission znee�ing wauld be August 21, and that p the August 14 study session as tentati;ve planned would not be held. � . �.. - , ' ,, . MINTJTES TIGARD;PLANNING COMMISSION August 7, 1979 - 7:30 P.M. Page 11 Representative of Robert Randall Company appeared seeking guidance of the Commission in developing the st,reet intersection from their (Robert Randall A�axtments) development with Bonita Road in the area of S.W� 79th Avenue. Howard recited past history and illustrated possibilitias, the best of which are not precluded by reason of development of ap artments in one area, and a grove of large trees and rugyed topography in others. One problem is that � the City has no con.trol over the prope rty on the south side of Bonita, since I, it is in the County. After considerable discussion, and input from Mr. Diez of . . . . . . . consultants to the Randall Company, it was the consensus the Planning Commission would look favorably on the proposal �that the intersection of S.W. 79th Avenue be moved to the west to line up with the proposed street from the Ra.ndall development on the north side of Bonita, even though the angle of intersection with Banita is ditferent from 90 degrees. The President then adjourned the meeting at 12;05 A.M. � � � a�°' ',� � . , , . i . . PU�LIC NOTICE • T:LGXIRD PLANi�ING COMMISSION August 7, 1979 - 7:30 P.M. • Fow].er �JuniOr High School - Lecture Room , � " 108h5 S.W. Wa lnut - Tigar d, Uregon 5. ° Public Hearings: 5,1 ZONE CHANGE ZC 26-78 (Mackenzie/Saito & Associates) NPO #2 A request by Mackenzie/Saito & Associates for a zone map amendmant with General Plan and Program Review £rom Wash. . Co. MA-1 "Lim.ited , Manufacturing/Production" District to City of Tigard M-4 "Tndustrial Park" zone on a 44.46 3cre site, south of Scholls Ferxy Road (Wash. Coo 'Tax Map 1S1 34AA, Tax Lots 100, 200 , 300, anc� 400 and T�x Map . 1SZ 35B, Tax Lot 1700) 5.2 SUBDIVISION �S '13-77 (Kneeland Estates) NPO #6 A request by Donald E. Pollock Investments for revi.ew of preliminaYy , plans for Kneeland Estates on 18.65 acre parcel, located at S.W. 92nd Avenue near Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lots 700s 800, 801) 5.3a ZONE CHANGL ZC 15-79 (City of Tigard) ' NPO #3,6,7 A request b1T the City of Tigard for zone map amendment from Washington Coun-ty RU-4 to City of Tiqard R-7 "Single Family Residential" an the following parcels: Tax Map 251 11CA, Tax Lot 1000, South of Sattler St. , east of 100th Ave. Tax Map 2S1 1IBD, Tax Lot 316-6, North of SW Murdock, east of 100th Ave. ! Tax Map 2S1 11BC, Tax Lot 1000 & 1700, E of 103rd, N & S of View Terrace Ct. � Tax Map 2S1. 10A, Tax Lot 3100, 3101, 2501, 2602, 2201 a.nd 2607, N. of Bu11 Matmtain Road E and W af 114th Av�enue � Tax Map 2S1 3BA, Tax Lot 140-30, 141-31, 139-29, 101-01, 102-020900,1002 and 1000, S. of Katherine St. & E of Z21st Avenue � Tax Map 2S1 3BB, Tax Lot 6600 & 6700, N of Walnut St. & W of SW 121st Av� Tax Map 2S1 12B, Tax Lot 2700, S of Bonita, E of 81st Avenue � 5.3r� ZONE 'C'f�ANGE ZC 16--79 (City of Tigard) NPO #3 A request by the City o.f Tigard for zone map amendment from Wash_ Co. RS-1 to City of Tigard R-30 "Single Family Residential" on a 2,40 acre parcel, located N of Bull Mtn. Road & E of SW McE'arland ; Blvd. (Wash. Co. 'Pax Map 2S1 lOBD, Tax Lot 100) . I 5.3� ZONE CHANGE ZC 17-79 (City of Tigard) ' NPO #3 'I • A request by the City of Tigard for zone map amendment from Wash. Co. �, R�30 to City of Tigard R-30 "Single Family Residential", located S. i, of SW Gaarde and E, of 125th Avenue (Wash. Co. Tax Map 2S1 IOBB, Tax 'I Lots 700,800,900,1000,1100,1200,1300,1400,1500,1600,1700,1800,19�0, 2000, 2100,2200„and 2300 and Tax Map 2S1-lOBC, Tax Lots 300,400,500,600, '� �� 700 and 800) . All thea.formentioned lots are within the Hazeltre� Sub- division Development. ' . I PUBLIC NOTICE ' . TIGARU PLANNZNG COMMISSION � � August 7, 1979 Page 2 • �� ' . 5.3d ZONE CH,ANG� ZC 18-79 (Ci,ty o�' Ti,c�ard) NPO #3 A reqtxest by the City� of Tigard for zone map amendment from Wash. � Co. R,3A to City of Ti�ard �-20 "Single Family Residential", located N af Bul.l Mtn. ,Raad and.E of •117th 5treet (Wash. Co, Tax 1�1ap 2S1 lOBA, Tax Lats 24OD,250Q,2b00,27Q0,28Q0`,2�00,3000,,3IQ0,3200,3300,3400,3500, 3600,3700,38Q0,39OQ,4OQ0,4100{:42Q0,4300,4�#00,4500,4600,4700,4$00,4900, '. 5000,5fif�0,520�,5300,540Q,55qq,5600;5700f5800 and Tax Map 251 lOBD, Tax Lots 200,3QQ,4QD,500,600,700, & 8Q0) . All the aformentioned lots are . within the Shadaw Hi11S Subdivi,siqn Development, i . i S.4 ZO�IE CHANGE ZC 28-7� (William A. Cochran) NPO #7 � A request by Mr, and Mrs. William A, Cochran for a zone map amend- � ment fxom City o�' Tigard R-7 "Single Family Residential" to City of � Tigard R-5 on a .40 acre �arcel, located at 10695 S.W. N. Dakota (Wash. Co. Tax Map 1S1 34D, Tax Lot 402) 5.5 ZC?NE CFdANGE ZC 27-�79 (Fred Meyer, Tnc.), �Pd #� � A request by F�ed Meyer, Inc. , foX a zone map amendment from City � o� Tigard R-7 "Single k'amily Rs�idential" to City o.f Tigard C-3 � "Gen�ral Commercial Zone" on a �.93+ acre parcel, located at 7410 S.W. Spruce Street (Wash. Co. Tax Map 1S1 36AC, Tax I,ots 3500,3600, � 3 700) 5.6 CONDITTONAL USES CU 14-�79 (Trademark Homes, Inc.) NPO #5 A request by Trademark Homes, Inc. , for a Conditional Use Permit to place a ste�l tank undexground for diesel fuel in a, M-4 "Industrial Park" zone on a 2.76 acr� parcel, located at 72nd Avenue and Sandburg • Streets (Wash.• Co. Tax Map 2S1 1DC, Tax Lot 3700) 5.? �TARIANCE V 5-79 (Creeksic�e Park) NPO #3 A request by Fd Gause for a variance 'for a sidewalk located next to the curb in a R-10 "Single Fami,ly 'Residentia'1'" zone on a 5.20 parcel, located at S.W. 119th and Gaarde (Wash. Ca. Tax Map 251 3CD, Tax Lot 3700,3900, and 4000) . 6.8 MI.SCELLANEOUS NPO �5 A xequest by Mrs. Ima Scott for a review of the Canterbury Woods de y�.lopmen t. TT Publish 7/18 & 7/25 �; . I � I I ; "PI,ANNING COMMISSION STGN—UP SHEE'I'" �,. NOTICE: ALL PER50NS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAM� ON THE � APPROPRIATE SIGN—UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM, PERSONS 'i DESIRING TO SPEAK WILL THEN BE CALLED FORWI�RI� BY THE CHATR TO 5PEAK ON �� INDICATED ITEM(S) . , �� AGENDA ITEM: RE�FERENCE: � DAT�: � 4' �; NAME ADDRES '' �', _.._. G��;�� , � - :�° v , `� ,,�`' �� "�,! ,�, �,��', �� :r.r,',..��,<�.,,�� ? ;; �,,./" � � � .�:.._��;'.. � / ��j�1�r'G�� + '+'� (.�� ,I ,'' �'I c.:�..�.�.� � �;A,.,(�` ,/��"7� Cc.�/f 6' � /' �;I �� , _ �i 4� �,/�{�..�' >�i'. �—�''L,,l.�_E. ��` +�':%:�`�,�� S/D C"J � 4J 1� � i / � ` � � r, �G�, r��. <<,� ;: �,�I AGENDA ITEM: R�;FERENCE: AATE: ( ' (, r �„ NAME ADDRESS � �' s- f`; � � ;! , �' , {, f, �'. �i �,; f' c �`f AGENDA TTFM: REFERENCE: DATE: }' !; �. ; NAME ADDRESS �' �i �t �t: . � �., �:. � _... �� T � x � N y , 1 _ .. , ... .,. _. !"`� _ — — _ ' `�` _ ; � � . t_ �` �� , , �� "PLANNING CO�7MI55ION SIGN-UP SHEET" r! �',; •�. . �t t'[: NOTICE: ALL PER50NS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE �`, APPROPRIATE SIGN-tJP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PEF2SONS DE5TRING TO SPEAK WILL THEN BE CALLF.D FORWARD BY THE CHAIR TO SPEAK ON {` INDICATED ITEM(S) . C; j3; AGENDA I TEM: ,,�,y Z� � � ��% REFERENCE:��). �lj(�'�/f �� DATE: a � �C , NAME ADDRESS i, AGENDA ITEM: ,�,Fj� ��' ��•-`/� ' REFERENCE:�� DATE: �?�7�' !�• . �� `� � NAME ADDP.E S S �' � � '�I , . , � ,: k,; � r I' - . — a i � 1; AGEI�DA ITEM: J,"7 Vjr-7� R.�FERENCE: ��t�'��1'„��D.ATE: � � � NAME ADDRESS r "� .C�. C,c_�...s�..� /�f� w � �-12� /...5'�.:a� �� o� —Tl�� ,� l 0�-�LG'�'/ �''�G�t?��_ . � �� 'o ,� . ,, i `., •}� . "� , [. , � , , .,:_. _ _ . _ _ _ . _ . __ _ _ _ . . . ,.. ._. �� , _ . t . ' � � � i�: � , � "PLA�7NING COMMISSION SIGN-UP SHEET" � • ,,.�, >: NOTICE: ALI; PERSONS DESIRING TO SPEAK ON A1�tX JTEM MUST SIGN TFIEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BF1CK OF THE ROOM. PERSONS DES2RING T0 SPEAK bVILL THEN BE CALI.,ED FORWARD BY THE CHAIR TO SPEAK ON ' IND ICAZ'FD ITEM(S) . ' -��'?. �, � AGENDA ITEM: .�/ �C ��` �!C� � REFERENCE: __�j„�� DAT�.: C� f 'I � � NAME ADDRESS � �.�r� �S.' � �^� ,��2 � � �� - � � ,! �°� s r �: ,; i; �; F; ;� . ;;! < t3 1° AGENDA ITEM: ��Z� � � � aS I..-�`"'�''`� REFERENCE: ` � �2��(�i'�_ DATE: � � k' �;? NAME ADDRESS p, � • f C ..� +d / �rl..�� .!ti. �I i'^!I�'t,r 'i°,rl,,,.. .. . �`„Tfy � ��,� � � '�l � ,L� / , ��'' �' .�� ",�� ' � ;�: - �:, �; ��,� � � 1;, f;; �� ;� f` �::. � n t; AGENDA ITEM: �r�� '' �FJ'�7 REFERENCE: � � , � DATE: �J Z �,. �� NAME ADDRESS '' i�'< �1 i.,': f_, i' . . . .. . .. ��..... . �'!.��:fA,. ��,, . . . . .. ].�.n �,r ��". � . . . . . . .. . . . � �` �+' i`3 {I'; 3i S e; � .. . . . . . _ . �.�;. �a .. _.,.. ' . � � � �'�'.l_.._ .. ... � . .. . . . . ., .__ .« . . .. . . ; ... , ., ..� .N ....,..,,.- - .�..._. ....,. «....�--;..-.4..t. __-�-� , _ "PLANNING COMMISSION SIGN-jJP SHEET" � • NOTICE: ALL PERSONS DESIRTNG TO SPEAK ON ANY' ITEM MUST SIGN THEIR N�ME UN THE APPROPRIb1TE SIGN-UP SHEET(5) , LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK UN INDICATED TT�M(S) . AGENDA I'�EM: ��'�L,I 2.C� rlc�'�� RE�'ERENCE: - �-- DATE= 1�7�� /�1��1�. � U NAME ADDRESS �' AGENDA ITEM:,��(�_ �� -� REFERENCE: � �� DATE: -�J'� NAME ADDTtESS � , ' III , I i � AGENDA ITEM: �,��_�' ��j�7 �J REF�;RENCE: � ` 1��„DATE: �//�� _G��T' �� NAME � ADDRESS �: + -�� , .. _ .: � � ,, �� ', . ., ;? STAFF REPORT Agenda 5.1 }{ Tigard Planning Commi.ssion August 7, 1979 - 7:30 P.N1. Fowler Junior Iiigh School - Lecture Roam 10865 S.Wo FTalnut Street - Tigard, Oregon Docket: Zone Clzange ZC 26-7� PD (Mackenzie/Saito & Associ.ates) '� ReferenCe; ZC 23-78 & CU 33-78 Applicant: Mackenzie/Saito & Associates Owners: Mr. & Mrs. Robinson 2850 NW 31st Avenue 1�000 S.W. Bull Mt. Rd. Portland, Oregon 97210 Tigard, Oregon 97141 Application Date: May 2:L, 1979 Site Location: Frontinq S.W. Scholls Ferry Road adjacent west of the Southern Pacific Railroad tracks (Wash. Co. Tax Maps 1S1 34AA, Tax Lots 100, 200, 300 and 400; Tax Map 1S1 35B, Tax Lot 1700) . Request: For a zone map amendment with general plan and program review from Washington County MA-1 "Limited Manufacturing/Production." District to City of Tigard M-4 "Industrial Park" zone on a 44.46 acre site. Prev�.ous Action: On January 9, 1979, the Planning Commiss.ion denied the applicant's request for a zone map amendment from �.-, County MA-1 to City of Tigard M-4. However, the Planning Commi.ssion approved the subject site as a planned development district with M-4 zoning subject r'+ to canflitions (see attached letter dated January a' � I7, 1979) . �,i 1 ':� I. Fi.ndings of Fact: ' 1. The site is designated "Industrial" on the NPO #2 Plan which requires land uses as permitted iri the M-4 "Tndustrial Park" zone, Section 18.52 of tha Tigard Municipal Code. � i 2. The attached staff report dated January 9, 1979 describes the - basic site character, surroUnding area, NPO and ordinance policies anc3 condita�ons for appraval o� the request. �:� � 3. The applicant is appearing before the Plaraning Cammiss.ion at this time after having met the condi.tions of the preliminary pTan approval. 4. The applicant':S proposal at the general plan level raised the fol.lowing concerns: ' . Private roac� versases public road (internal circulation) - 4�� The applicant is requesting creation c�f a 1100 foot Zong t.i �`"' cul-de-sac street with a b0 foot right of way. They want to dedicate it to the City: This action would c'a.ti�se.. the �? �' � �;:� f C; I:;: ,, STAFE REPORT Agenda 5,1 ,..-,. Tigard Planning Commis,ion � August 7, 1979 - 7:30 P.M. I Page 2 developer to construct the projeet in phases. The City's conce•rn is the length of the cul--de-sac, the need for a ', publ.ic right-of-way in this praject and the cost of main ten an ce. . Zfie applicants have written a tentative sublease agreement for ' the Greenway. This action was a requirement of the preliminary plan approval. The concern of the staff is that the greenway should be a dedication to the City �nrith a provision that ths developer maintain the area for a period of five years. . The applicant has submitted with the general plan and prog�am info'rmations, the data required in describi.ng the affect the development will have on the floodplain. Attached, are plans, calculations and a narrative explaining how adequate retention, mitigating methods and design will eliminate any negative effect the project will have on the floodplain. The Planning Gommi.ssion on June 5, 1979 under "Other Business" agreed to permit the applicant to continue the project sul�ject to the previous floodplain ordinance (see attached ordinanae) . . The access, improvements and impact the project will have on � S.W. Scholls Ferry Road has been studied and submitted to the � Department of Transportation for approval. 2"he applicant is required to submi.t a letter from ODOT indicating compliance. . Sinoe this issue has a broader scope of concern than jus�t this develo ment• the staff will continue to work with the a licant P � PP and' the Highway Department to resolve the issues pri�r to issuance of building permits. II. Conclusianary Findings: 1. The improvements in the greenway-floodplain area will, be parking, a road and drainage retention, 2, The greenway area must be dedicated to the City (rather than subleased) with an agreement by Kall Business Center to maintain the area for a five year period. Staff suggests that the contract be spe cific in the legal description of area to be dedicated, im�rovement in the area and incl.ude the time line for the maintenance prog�ram. 3. 'I'he need for the cul-de-sac length and the request to deviate fram the standard lengtY� are explained in the attached letter dated July 24, 1979. If Koll Business Center agrees to maintain the road, there woul.d appear to be no adverse impact to the community. � III. Staff Recommendations: Staff recommends approval of the general plan and proqram subject to the following conclitions: , STAFF REPORT i Agenda 5.1 Tigard Plannina Co�nmi.ssion a�; August 7, 1979 - 7:30 P.M. Page 3 ' �:� l. That the greenway be dedicated to the City with a contractual 1 agreement to include a fiv� year maintenance program by Koll „ Business Center. The dedicated greenway boucidary and maintenance program shall be reviewed and approved by the f�ublic Works Director pri�r to issuance of building permits. 2. That the pxoposed public road be dedicated to the City with an agreement that Koll �usiness Center be xesponsible for the total installation and maintenance to local street standards prior to issuance of building permits. A performance bond could be posted to ins:ure compliance. ';; 3. That the access point onto Scholls F�rry Road be aligned where the State Highway Department indicates. 4, That any right of way and improvements along S.W. Scholls Fe.rry Road be com letec� as directed by the State Hi. hwa Division P 5 Y prior to issuance of building permits or that a perfor.mance bond be accepted by the City. 5. That the applicarit submit a site plan, drainage plan, construction elevation drawings and landscape plan to the Site Design Planner �� for approval prior to issuance af any permits. � - 6. No Occupancy Permits shall be issued until a11 eonditinns have been satisfied and approved by the Planning Director and final inspections have been made by the Buildiz�g Official. 7. No Building Permit will be issued until a sewer facility is available. 8. No changes wi11 be made t� approved plans or specifications unle�s formal application is made to the appropriate department and changes are a�proved by that depa�•tment. Applications for chang�s will be made in writing and shalL include applicable drawings, angineerin g speeifications anc3 other details requested by the department. No construction shall take place in these �nstances unti:l a�ter 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. 9. That the a licants a 1 for and :receive a � pp pp y ppraval i-€� subdivis.ion plat for the project indicating the phasing of development. Report written by: Ker� Selb �tevi,ewed by; A Howard Associ,at ity Planner n ng Directox ' � , �i e�--,�_..—.� ' ' . � ,. . q .:.� . �._ . � . . _ . . � . , . ,-� � � . � lTY �' t C OF' 1C.�ARC3 . � ' P.�. Box 23397 12420 S.W. Main Tigard,Oaegon 972Z3 January 17, 1979 Mackenzie/Saito & Associat�es P.C. ' 0324 S.W. Ak�ernethy Portl�nd, �regon 972Q1 Atte�tion Mr. Eric T. Saito Re: ZC 26-78 Gent'lemen; Please be advised that the Tigard Planning Commission at their regular neeting of Jax�uary 9, 1979, deni.ed your request �or a zone change ta M�4 Industxial. Park; but that the Planni.ng Comm.is�ion hereby grants preliminary p1an approval as a Plarxned i7nit Development (M-4 PD) , T;�is approval is subject to the fol.lowing canditions; � 1. That the applicant finance and implement any studies, construction or dedication of property or funds necessary to camply with the �equest of the S�ate far improvements on Schol7ls Ferry Road to offset the impact the applicant's development may cause. The 5tate Highway Department shall be responsible in depicting the °'fair" amount evaluation of funds and/or property -khe applicant wi11 be required to participate in. The �ppl�.cant sha11 meet the requ�.re- I ments priar to issuance of buildinq permits. i 2. That the applicant appear before the Planni.ng Commission �aith a j flood plain fill permit a,pplication when future building develop- ' ment is desirable. � 1 i � 3. Tlzat the project development aomply with the Environmental Design ! and apen Space Plan. The "Greenway" area shal.l be determined by t the natural drainage and flood way terrain. The appla.can� sha11 ' dedicate ta the City that portion of the greenway not approved for � parking and driveway use at time of fi.nal plan approval, and su}a�nit 3 an agreement to maintain the greenway for a term to be de�ermined by � the City legal sta£f and applicant. ; 1 � � � i t l �.., � � } , � fi ; ( , � _ _ .. _ _ � � Mackenzie/Saito & Assc� tes • ,. , �I � � ZC 26-78 ' � ' . January 17,• 1979• • Page 2 4. That construc-�ion and drainage plans must be submitted to the City Engineer .�._ , j and Building Departments with agreement arzd bonds as necessary for approval !I prinr to issuance of permits. ' 5. That the applicant submit construction pl.ans with timeline schedule to the ' local jurisdiction fire department and utility companies for approval prior to final building in.spection. � 6, Prela_minary plan approval does not constitute any final approval as to the � I amount of encroachment, if any, of driveway, parking and buildings in the I�, flood plain. 7. Any proposed fill in the flood plain shall be offsE� tirith equal re�ention ! in other areas. Actions of the Planning Commission are final unless notification of appeal to �he City Council is filed with the City Recorder within 2U days of the Planning ' Cammission action. If we can be of any further assistance, please do no� hesitate to contact this office at 639�-4I71. Since.rely, l� S�� _�� Ken Selby Associate City Planner KS:db cc: WiZliam R. Robinson Chester L. Roba.nson Note: The following acknowledgment must be received by the City of Tigard wi.thin .f ourteen (14) days of your receipt of this letter. Failure �o return this acknowledgment may result in action by the City o� Tigard. I here}�y acknowleclge �this letter documenting tYie action �f the Tigard Planning Commission. I tiave received and read this letter, and I agree to the deci�ion here documented and to abide by any terms and/or conditi.ons attached. Signature Da�e � � _1�'�� "� �� ;'. ;:i :w�:. ,•i�! I � _ _ � _ _ _ _ _, _ _ . . . _ _ � : � + � . 18. 56. 150--18�.56. 1.70 � a� , of the plan; � ' �.��`� (4} Accessory Auildings and uses. (Ord. 71-4 §4, Ex- hibit � (part) , 1971: Ord. 70-37. �185-4 .1, 1970) . � � 18. 55 .150 Major changes. Majar changes� in the general � d�vel,opment plan and program after it has been adopted shall be considered the same as a new petition ar,d shall be made in accordance with the pxoeedures s��cified in this chapter. (Ord. 71-4 �4, Exhibit A (part) , 1971: Ord. 70-32 §185-5.1, 1970) . � � 18. 56.150 PMinor changes. Minor changes in the general ' development plan and program may be approved hy the planning director, provided that such changes do not: (1) Increase t�he densities; (2) Change boundaries; � (3) Change any use; (4) Change the location ar amoux�� af land devoted to specific land use. (Ord. 71-4 §4, Exhibit A (part) , 1971: Ord. 70-32 §185-5. 2, 1970) . ' . 1,R, SFi _ � 7t) C'.nnct=ri��ir'inn �himo narinr1---F}r+•c�ncinn Tf ciih-. stantial construction or development has not taken place wi.�h- in one year from the date of approval ot the general deuelop- mznt plan and program, the plax!ning commission shall review the district at a g�ublic hearing �to c�eter�nine whether o�- not " �� `�• its continaa�ion iri whole or in par-t is in the publiG interest, and if found not to be, shall recoznmend to fihe city council that tne planned development district on the property be re- moved. Z'he city council, �t th� r.equest of �.he applicant, may grant an extension af time if justifiable. (Ord. 71.--4 §4, Exhibit A (pa�t) , 1971: Ord. 70-32 �185-6e .1970) . ' Chapter 18.57 ' � FLOODPLAIN DI5TRICT (FP) Sections : . 18. 57.010 Tnt�nt arid purpose. 18. 57.020 Definitions . � 18. 57.030 Perm?.tted uses . i8. 57.040 Proh_.bited uses and activities . ' 18 . 57.050 Nonconforming uses. 18. 57.060 Spzcial permits or exce�tiorrs . � 1f3, 57. 070 Standards for permitted struc•tures. 18 . 57.080 Appeal to city council. �t�: � ; 292-1. (Tig�rd 1/15/75) ; , . . �. _ . . . 18. 57. OZ0--18. 57.020 18_. 57, 010 Intent and purpose. The �1ood�lain dis- �� trict within the city of Tigard is superimposed as an overlay � ,, with respect to lands classitied for various uses and purposes � � and is intended to give recognition. to the need to protect �``4r' . the public health, safety �nd welfare of the community through regulation and con�rol of lands within the flaodplain dis- tr�ct tQ ther��y miti�atE potential financial burdEns arising fram flood damag� loas and to preserve natural drainage ways from encroachin� uses which threaten to adversely affect the property rights of citizens of the � community, personal safety and the public health by un- ' natuxal co�ditians arising from upstream or downstream flood levels . � The floodplain district has £or its purpose the pre- . servation of natural water. storag� areas wa.thin th� �1ood- plain distric� �y discou�aging or prohibiting incampatible uses exeept in those instances where a finding may properly t be made by �he planning commission pursuant to Section � 18. 5Q.060, (Orde 74-50A §1 (part) , 1974) . 18 .57.Q20 Defini�,ions. For purposes of this chapter, ' the fallowing worcls and phrases shall be construed to have the specific meanings assigned to them by definita.on as follows: (Z) "Fi11" means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, �� pulled or transported and includes the conditions resulting � ;'i ' therefrom. ��y � ` (2) "Flood" means a temporary rise in stream flow or ' stage that results in water overto�ping stream banks and inundating land adjacent� the normal flow of water through � the stream channel. � . (3) "Flood hazard" means �n iznznediate danger to prop- � erty or health as the result of inundation of tne flood- � plain. � (4) "Floodplain" means the relatively flat area or lowlands adjoining the channel of a river, stream, water- course or other bady of water which has been or may be covered by floodwaters within the area of applicability defined in the fl.00dplain district. (5) "Floodplain District" is defined as those a.reas within . the city of Tigard inunr3ated by the one-hundred-year regulatc�ry flo�d as shown on maps marked Exhibit B, titled "City of Tiqard and Vicin.i.ty-Environmental Cons�raints . " ' � ' • . . �,. f f ;� / ' 11' �, � 292-2 (Tigard 7/15/78) :. . . .._.. . _u----,.__ _ _._ - -- ___. J . . � . „ ; . . . 18. 57. 030 � (G�) "Flood surface elevatian. " Those elevations j '�'"� depicted on the floodplain series maps are based on mean � � sea 1eve1 datum and their locations are an indication of � ��;.r the surface elevations ,at that location. � (7) "Obstruction" means any dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, , channel mnc�ification, bridge, conduit, culvert, building, ' gravel, refuse, fi11, structure or matter in, alang, or � across or projecting into any channEl, watercourse, or � floodplain area which may impede, retard o-r change the directian of the flow of water, either in itself or. by ' � catching or coll.ecting debris carried by such water, e�r , that is placed where the fl�w t�f water znight carry the . j same downstream to the damage of health or property. . ; (8) "Regulatory flood" means the flood used to define ; the outer boundary lines �f the FP district; th� maximum ! flood predicted to occur wi�hin each one huindrecl years. ; (9) "Structure" means human built or constructed ; structure or edifice or building of any kind, or any arti- � fici'l1y built up or composition ot physical parts adjnined •.together. (Ord. 78-10 §5, �9�8; Ord. 74-50A �1 (part) , 1974) . ; . 18. 57.030 Permitted uses . The fo].lowing uses by their na�ure do not threaten substantial obstruction of � water flow in •�he floodplain and do not impair the water ; storage aapacity of the floodplain and shall be permitted � within the flaodplain district subject to the ].imitations j �,., in this seation stated: � � � ��,,, (1) Off-street parking and maneuvering areas, access ways and service drives located on the ground surface. Ex- cavation, grading and paving may occur �o construct said facilities; however, no � fill shall be allawed far construc- tion a� said facilities other than gravel for a paving base and only an amount of �ravel commensurate with city con- � structinn standards for said facilities shall be allowed; � (2) Acc�asory residential uses such as lawns, c�ardens or planting areas not causing substantial obstructions ta ' floodwaters and inc'ludin� fences designed to minimize the ' obstruction of fioodwaters and flood-carried debris; . � (3) Roadways, bridges or utility structures designed � to not significantly impede the flow of floodwater�; ; (4) Agricultural uses conducted without locating a structure in �he FP da.strict including a boundary fence � designed to zninimize �the obstruction of floodwaters and I, flood-carried debris� . ; (5) Recreational uses such as bicycle and pedestrian � paths, archery range, athletic field or parks . The recrea- I tional use sha].l not include any perrnanent structures caus- i ing a significant obstruction to the flora �f flaodwaters; � ; (6) Public and private conservation areas for the con- ; servation of water, soil, apen space, forest or wildlife ( , resources . (Ord. 74-50A �1 (part) , 1974) . . � ' ,.� � � � � � i 292-3 (Tigard 7/15/78) . � . 18.57. Q40--1£3.57.060 � K, w �.. 18 . 57. 040 Prohzbited uses and activities . The follow- � ing uses and activities are prohihited w�ithin the floodpla:in t„� .� district exceL� pursuant to special permit granted by the ' planning commission based on findings as by Section 18. 56. 060 pro��ided e � (1) Fill�ng; (2) Perrianent structures perrizttEa i.n other zaned areas � ot the city; (3) Any tEmporary s��u�ture whiGh by its nature cannot be reacli.ly removed from th� floodplain area during periQds of floodinc� and Urhich would �ignifican�ly impede or inter£ere with the flow of flooc�caaters witl�in the distric�c; � (4) Any change in tYie topoc,rraphy or terrain which vunuld have a substantial tendenay to change tha flow o� waters dur- ing flooding period or which would increase flaod hazard or alte� the direc.tion or velocit�� of the floodwater flow; (5) Subsurfaee seurerage disposal septic tanks and drain fields . (Ordo 74-50A �1 {part) , 197�) . 18. 5"l. 050 Nonconforr^�?nq uses . Any pre-existing cc�ndition or staructure within thE flood�alain district is subject tc� the �.ro�Tisions of C:hantPr. 1 � . tiR c�f. �hi � C�dP. (nrd. 74--50P, �1 (part) , 1974) . 18 . 57 . 06� Special permi�s or ekceptions . :Cn accordance r�'' wi�h the procedures ancl recruir�ments set farth in . Chapter � x �� 18 . 84 0� this Code, an applicati.on for a spECial use permit 4��` � ` filed as by said chapter stated may be considered ar deniec� by the p'lanninq cammissi.on based on G;�ritten findings in cc�n-- farmity wi.th the recruirements of this chapt.er. . An application for special. permit in farm prescribec� by the planning department af the city of Tigard shall be sup-- port�rl by the following addita.onal data or information to enable the planning �ommissian ta adequately deterrtine whether the praposed use is located iz� the floodplain district and if sa, wh�thQr the proposal , if gran�te�., will conform �o �he � purpases and �uidelin�s as set forth in this chapter: (1) Plans draurn to scalc, suk�rtitted in triplicate as prepared by a rPgistered professional engineer with exper-- ience in hydraulic and hydrologic pri.nciples and processes showing the nature, location, dim��nsions, elevations and topography o� the sitE; the location of existing and pro- pasec� structurES locatecl upon the site, eyisti.ng and pro- posed fill areas, ancl •th� relationsk�ip of these to the Yocation of th� stream channel.; ' (2) .F1r►y dc�cum�nta tion, photo�r.aphs, water marks, and similar evic�ence affF�red .i.n support of the clairt that the site o� ar_ea in question liES abov� high water as defined by the rec�ulatory f.Iood; ,�:,;^� � (3) Tf it is de�t�rmined by the planninc� cor.lmission tha�. i � • the proposed use is wit��.in fi.he floodplain district as herein , 292-4 (Tigard 1/15/75) . . .. , • 18.57.070--18.57.080 � �;: � �� defined, the applicant shall furnish such further informa- �' t; tion, data and evidence as may be r�asonabl_y available to � support the gr�r.ting of the petition in accordance with � the follov�ing guidelines, in the ahsenre of which said . ;'; petition shall. be denied by the planning cor.vnission:' �; � (a) Proposed improvemer�ts will not have a serious � tendency to change the flow of floodwaters during future � '; flooding such as to cause a coripounding of flood hazards �, and to thereby seriously in�erfere wi�h the inten�t and pur-- poses of the floodplain district regulations, '� (b) No structure, fill, storage or other uses sha11 `I be permitted which alone or in camhination with existing or future uses to ,materially reduce the capaci�y of the flood- ��I p].ain area or raise the flood surface elevation on adjacent properties, or create a present or foreseeable hazard to pub- :I lic health, safety and general welfare. (',i The ci,ty shall reserve the right to retain a registered �'I professionZl engineer with experience in hydrau1ic principles `! and processes for the purpose of reviewinc� evidence submitted ''� in support of any application for special use permits pur- � � suant this section. (Ord, 74-50A �l(part) , 1974) . ��, � 18 .�57. Q7� Standards for permitted structuzes, p,ny I;� structure or additions to existing structures permitted �, ,r, within the floodplain district pursuant Sections 18.56.030, '�' 18 . 56 .050 or 18. 56.f160 shall comply with the following �.j � standards : � (1j Permitted structuresY such as electrical and ser- � vice equipm�nt, etc. , shall be constructed at or above the rec�ulatory flood protection elevation. Utila.ty openings shall be sealed and locked; . � �� (2) The lowest floor elevation of a str.ucture designed i' for human occupancy shall be at least one and one-half feet �''I abave the flooa surface elevation; �', (3) The lower portions of any st�ucture shall be flood-- '� proofed or otherwise protected .�rom significan.t damage by I� inund�tion to a minimum flood surface elevation one and one- �' half feet above the surface elevation of th� regulatory flood; �;� (4) The d�sign of substructures and structural members '` of all buildings shall be desiqned to withstand ex�ected ��? water pressures and velocities as �aell as mi,nimize fl.00d � t�, xisk conditions . (Ord. 74-50A �l (par�.) , 1974) , ��,'. �� 18. 57 .080 Appeal to city council. An appeal from any 1,�� decision of the planning commission ma,y be filed with the ?:I city recorder for hearing by the city council as provided �� by ChaptEr 1$. 92 . (0-rd. 74-50A �1 (part) , 1974) . �� '� R; F �j� f �a�. • ��i �;;I • , �� 2�2-5 (Tigaard 1/15/75) � � �} ■�_. ' . _ , , . _ STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION � August 7, 197° - 7:30 P.M. Fowler Junior High - Lecture Room 10865 S.W. Walnut - Tigard, Oregon BOrKET: 2�ne Change ZC 28-79 - APPLICANT: Mr. and Mrs. William Cockran OWNER: same 9650 S.W. 47th Ave Portland, Oregon 97219 APPLICATIDN DATE: Ju1y 2, 1979 ; � . � 1 i S3TE LOCATION: 10695 S.W. Narth Dakota (Wash. Co. Tax Map 151 34DA, Tax Lot 1600) i RFQUF�T: For a zone map amendment .from City of Tigard R-7 "Single Fami'ly Residen- tial" to City of Tigard R-5 (5,000 square foot residential) an a .40 ; acre parcel. T. FTNDI NGS 01S' FACT: 1. The site is designated "Urban Low Density" on the NPO #? Plan permitting six single family dwelling units per gross acre. 2. Ap:plicable NPO #7 Plan policies for resident9.a1 development are as follows: �� r; Public service improvements - Policies 2 and 3 (page 3) i;. � 3. The applicants are requesting the rezoning of the .40 acre site in � accordance with Section 18.20.030 of the Tigard Municipal Code and k in compliance with the City of Tigard Housing Implementatian policy � � adopted ori May 21, 1979. �' t; ;� 4. There is a single family unit on the southern portion of the site front- ing 5.W. North Dakota Street. The site is generally flat with a slight d�c.lining grade to the north. The entire surrounding land uses are single family units. The propertiPs to the south, east and west are in the caunty. The subdivision adjacent ' to the north is in the City. ,, 5, The site at the corner of S.W. 106th (a City street) and S.W. North Dakota which is a coun.i:y road. S.W. 106th fronting the eastern p�rtion of the site is fully imp-roved to City standards. S.W. North Dakota is j designated as a oollector street on the NPO #�7 Plan. It presently is ,{ in substandard condition havi-ng inadequate paving and right-of--way width with no curbs or sidewalks. `� � 6 . Sewer service is available to the site from the line off �,W. 106th. ! Water serviae is also available. i;l � �! ;:i , � �(��I ':; �� iI ��] �� , . _ r'1 STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSTON + ''= August 7, 1379 ZC 28-79 Page 2 TT. CONCLUSIONARY' FINDINGS: l. The request is in conformance to the Housing Implementation Policy. 2. Sewer and water are available to the site. 3. Street improvement along S.W. Nnrth Dakota are r_equired. ZSI. ST3�FF RECOMMENDATIONS: Staff recommends approval of the R-5 zone change subject to the following conditions: 1. That the applicant dedicate ten feet of dedication along S.W. North Dakota Street with half-street improvements to collector street standards pri�.or to issuance of building permi.ts or after performance bond for improve- ments have been approved. 2. That construction and drainage plans be approved by the EngineP ring and Building Degartments prior to issuance of permits. 3e No Occupancy Permits shall be issued until all conditions have been satis- fied and approved by the Planning Director and final inspectioms have been made by the Building Offic3.a1. 4. No Minor Land Partitions sha11 be made in reference to this project unless formal application is made to the City of Tigard PZanning Department and the Minor Land Partition is approved. 5, No changes will be made to app roved plans or specifications un.less formal application is made to the appropriate department and changes are approved by that department. Application �or changes will be made in writing and shall include applicable drawings, engineering specifications and other details requested by the department. Na construction sha11 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 pr�ject �r any portion of the projeCt. � Report prepared by; Ken S y �teport reviewed by: A1 ' Howard Assoc e City Planner P i g Director � . � � , � . , ' �"` _ 'i , � _ , , Y s _ �. �, STAPF REPORT � AGENDA 5.5 TIGARD PLANNING GOMMISSION ' ' � August 7, 1979 - 7:30 P.M. n Fowler Junior High School - Lecture Room � 10865 S.W. Walnut - Tigard, Oregon ? a , DOCKET: Zone Change ZC 27-79 (Pred Meyer, Inc. ) ;; APPLICZ�NT: Jensen, Krause & 5choenleber. OWNER: Mr. Lewis Ketah Architects & Planners P.C,A.I.A Fred Meyer.Engineering Dept. �i 1962 N. W. Kearney Fred Meyer, Inc. Portland, Oreqon 97209 APPLTCATION DATE: June 11, 1979 SITE LOCATION; 7410 S.W. Spruce Street (Wash. Co. Tax Map 151 3FiAC, Tax Lots 3500,3600 and 3700) REQUEST: For a zone map amendment from City of Tigard R-7 "Single Family Residential" to City of Tigard C-3 "General Commercial" zone on a .9� acre parcel. I. E'II�IDINGS OF FACT: �' l, The subject sites are zoned City of Tigard R-7 and are designated ; "12etail Commercial" on the NPO #4 Plan. ' � 2. Applicable Policies of NPO #4 for "Retail Cornmercial" zoning are: �': �; Policies 20,21,22 ,23, and 24 i �'< �; 3. The topogra,phy slope from nort�heast to southwes•t at a three (3) percent grade acrc�ss the three (3) sites. Tax Lot 3700 has a single family unit. 'Pax Lots 3600 and 3500 are used far parking. The surrounding land uses are single family residential to the west and ; north. To the south and east is the Fred Meyer �h�pping Center. 4. Metzge r Sewer Service and Water are presently available ta the site. 5. Traffic to the sites will be served by the internal traffic circulation ; of the Fred Me er Sho in Cent�r as well as S.W. S ruce Street. S.W. i� Y AP 9 P Spruce Street is a county street with no curbs, sidewalks and inadeguate paving width. 6. The applica�at proposes to incorporate the lots in to the shopping center complex for addi�ional parking. II. CONCLUSIONARY FINDINGS: 1. The request is in keeping with the Comprehensive Plan designation. S' ,; ! }; � � � � ��; _ � ' , STAFF REPORT AGENDA 5.5 TIGARll PLANNING COMMTSSION August 7, 1979 ZC 27-79 Page 2 2, Sewer and water are available to the sites. 3. S.W. Spruce Street is in need of street improvements. III. STAFF RECOMMENDATIONS: Staf£ re commends approval of the zone change request subject to the follow- ing conditions: 1. That half street improvements be made along the frontage of S.W. Spruce to local street standard with Washington County approval prior to issuance of building permits. 2. That construction and drainage plans be submitted to Engineering and Building Bepartments for approval prior to issuance of any permits. 3. That site and landscape plans be approved by site design review prior to issuance of building permits. 4. No Occupancy Permits shall be issued until all conditions have been �� satisfied and approved by the Plannirig Director and final inspections r have been made by the Builcling Official. 5. No changes will be made to approved plans or specifications unless f�rmal 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 �ther details x�equested by the department. No construction shall taka place 2n ! these instances until after the changes have been approved. �:zy deviation from this condition will result in the immediate posting of � stap work � orde r on the project or any portion of the project. Report prepared by; Ken Se Report reviewed by: Al oward Assoai City Planner Pl n' g Director � � { � � � d � ,S � , � I i'II h. ' f�ll hli ' �I STAFF REPORT ! AGEI3DA 5.7 �� TIGARD PLANNING COMMISSION , � � f August 7, 1979: 7:30 P.M. Fowler Junior High - Lecture Raom 10805 S,W. Walnut Str.eet - Tigard, Oregon � DOCKET_ Variance V 5-79 (Creekside Parlc Subdivison Ref:. V 1�-79, S '15-79, and S 22-79) ! � APPLICANT: Mr Ed Gause OWNER: Same 14635 S.W. 133rd Ave � Tigard, Oregon 9722.3 APPLICATION DA7'E; June 27, 1979 i STTE LOCATION: Approximately 600 feet west o� 117th Avenue and 5.W. Gaarde (Wash. Co. Tax Map 2S1 3CD, Tax Lots 3700,3900, and 4000) ; REQUEST: For a variance far a sidwalk to be located adjacent to the curb rather than to the property line in a R-10 "Single Family Residential" zone on a 5.20 acre parcel. . PREVIOUS ACTION: On February 6, 1979, the Planning Commission approv�a request by the applicant fox Creekside aubclivision with Conditiona.� (see attached letter dated k'ebruary 15, 19'79) . On February 6, 1979, the Planning Commission approved a variance aKequest �or an additi•onal cul-de-sac length and 1ot sizes with a condition (see attached letter dated Feb ruary 14, 1979} , I. F2NDINGS OF FACT: 1. The site is designated "Urban Low Density Residential" on the NPO #3 P1an and zoned R-10 "Sinc�le Family Residential". (See attached S 15-7a Staff Report far discription of previ.ous action, sifie, and surrounding land use information) . 2 . The applicant is requesting a vari.anc.e from the standard sidewalk require ment of placing it next tQ the property line, to permit same to be adjacent to •the curb. (see attached narrative and Plan dated May 7; 1979 for explana.tion)'. 3. Subd�vision varianae requireznents to be considered in findin,gs are oovered in Section 17.48.020 0� �he Tigard Munir.ipal Code ar�d do apply to the applicants reque.st�. 4. The subject �ite topograph�, greenway drainaget and separation from the surrounding neighbors q,uali�ies the req•uest in a11 as�ects to the variance fin din gs. � ' � �, �';I � �� ('y:,. �. S'�AE'E' REPORT �' AGENDA 5.7 ' �4 TIGARD PLANNING COMMISSION �� I 5�79 Page Z i.' t; 5. The Fire Marshal will not approve the subdivision plat until an adequate emergency access is provided from the subject site to S.W. Terrace Trails Drive. II. CONCLUSTONARY FINDINGS: � 1�. 1�n unusual situation exists in that the grade elevation difference, he�vy vegetation and greenway (drainage area) oonfiguration through the subject site creates ,pe'culiar buildable variables to be dealt with properly only by variance conditions, I 'i 2. There appears to be no adver3e,effect to the public health, safety or weltare in granting the request. 3. The applicant has been conditioned in the subdivision application to comply with all other Municipal Code requipett�nts. III. STAFF R�COMMENDATIONS: Staff recommends approval subject to the following coi�.ditions: ' 1. That a ten (10) foot emergency easement (to be constructed to the �ire �� "> � Marshal's specifications) approved, extending fram th.e subject site cul-de-saa up to the Terrace Trails cul-de-sac. The easement is to terminate in the vacinity of, but not tr� alter ar remove the existing � �� fire hydrant. �� F��. 2. No Occupancy Permits shall be issued until all conditions have been satisfied and approved by the Planning Director and final inspections �' have been made by the Building Official. ;; Y 3. No changes will be made •Co 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 requested by the department. No construction shall take place in 1 these instances until after the changes have been approved, Any deviation . from this condition will result in the immediate posting of a stop work !' � orde r on the project or any portion of the project. ' r � • i; y. REPORT PREPARED BY: Ken lby REPORT REVIEW BY: A1 ' ward ; �� A5s iate City Planner annin Director ' 7 , I', s 1 � � ( r r � �� ,