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Planning Commission Packet - 08/21/1979 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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 21, 1979 - 7:30 P.M. , Fowler Junior High School - I�ecture Room �, 10865 S.W. Walnut Street - Tigard, Oregon l. Open Meeting: 2. Roll Call; , �; , . , 3. Approval of Minutes from Previous N1Peting(s.) : 4. >Planninc� Commission Communication:, . , 5. Public Hearings,; - ,; , , � A. Sta.ff Report� . B. Applicant's Pre�e�t�tion C. Public Testimony l. Proponent's 2. Opponent's 3. Cross-Examination D. Staff Recommendations E. Commission Discussion & Action 5.1 CONDITION.AL USF CU 18-79 (McCoy, Marshall & Kazebee) ;,NPO #6 A reguest by McCoy, Marshall & Kazebee for a conditional use pe.rmit to build 12 attached single family dwelli.ng units in a R-7 "Single Family Residential" zone on a 1.9 acre parcel, located at 15805 S.W. �w= 98th Avenue (Wash. Co. Tax Map 2S1 11CD, Tax Lots 700 & 701) . 5.2 ZONE CHANGE ZC �-79PD (Winter Lake Planned Development) NPO �#7 , A request by Russell A. Krueger for a preliminary plan & program review of a residential planned development and a zone map amendment from � County RS-1 to City R-5 "Single Family Resideritial" and A-2 "PRul.tifamily Residential" zones on a 21.4 acre sit�, located east of S.W. 135th Avenue, between S.W. Scholls I'erry Road and S.W. Walnut Street (Wash. Co. Tax Map 1S1 33D, Tax Lots 300,500,600,601,602 & 603) . 5.3 MISCELLANEOUS M 6-79 (Columbia Hardwood & Moulding Compan�) NPO #5 A request by Columbia Hardwood & Moulding Company f_or a special use permit to fill in the flood plain in a M-3 "Lir�ht Industrial" zone, located at 12700 S.W. Hall Boulevard on the southeast portion (Wash. Co. Tax Ma.p 251 1 Tax Lot 600) . (Previously tabled) . 5.4 CONDITIONAL USE CU 15-79 (Tarbell Realtors) NPO #2 A request by Prendergast Moore for a conditional use permi.t to build a commercial office building in a C-3 "General Commercial" zone on a 1.46 acre parcel, located at Shady Lane & S.W, Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lot 205) . � 5.5 VARIANCE V 6-79 (Tarbell Realtors) NPO #2 A request by Prendergast Moore for a variance to incre ase the allowable building height from 35' to 46 ' above the existinc� grade on a commerci.al office building to be located at Shady Lane & S.W. Greenburg Road, (Wash. Co. Tax Map 1S1 35B, Tax Lot 205) . OVER � ....., _ . � _ _ , �� ,�; AGENDA . �;,; 1'. TIGAhD PLANNTNG COMMTSSTON + - - d'� ,. Au ust 21 1979 - 7:30 P.M. . . ° : . ., ;. ••" 5 � r' Page 2 .. , � . , , i , „ �� 31 ��: �. 5.6 TEMPORARY USE TU 11-79 (Bud A. Gavino) NPO #6 � �: A request by Bud A. Ga�rino for a temporary use permit for five (5) �'i months to permit-installation of a mobile savings vehicle''to be - jj placed alose to the gatehouse of Summerfield Commercial Center, ?' located on Pacific Highway. � � � 5. 7 MISCELLADIEOUS M 8-79 (Sierra Subd'i'vis�i�n')` , � :� NPO #'7 ?I, A request by J. Al1an Paterson for a special use permit` to fi11 ''` �I� in the flood plain on a 8.35 acre parcel in a R-7 "Sing1E Family ''� Residential" zone , located south side of Tigard Street,�north of ' Fanno Creek (Wash. Co. Tax Map 1S1 34D;'�max' Lot��'5f00) . �I 6. Old Business: ` ' �' • �; , i 7. New Business : - ' • � � 8. Other Business: - 9. Adjournment: i° _, , k:� ';. , i� _�. . � , i � � � , � , . . . .. „ , , � ! ,, i ,.�,, _ ,. ,: ' � , . . . i . 1•LLLVV 11i�7 i;: TIGARD PLANIVING OJMNNIISSION August 21, ].979 - 7:30 PM �i��, Fc�wler Junior High School - Lecture Room .�,, 10865 SoW. Wal.nut St. - Tigard, Oregon �� i! G. h j: �S President 'I'epec�in�o OPENID the meeting at 7:30 PM , �� I�IJLL, CI�.LL: i f; Present: Bonn, Funk, He].me.r, Herran, Kolleas, Smith, Speaker, 'I�pedino ^ Absent: None I�signed, seat unfilled: Wood Staff: Selk��y �� The MINt7I�S of the August 7th �reeting were considered. Speaker_ asked ; for correct oz.Ti�as as follows: page 3, line 9, add the word "Works" after the � ', ward "Pui�lic", to read "... }aoth the Fire District and the Public Works peoplee . ."; pag� 7, line 8, the word "issued" should be "issues"; and page 11, line 5, the word "not" should be "naw". It was iroved, seconded and carried •khat � the mi.nutes as amended be approved. There were no Planning C�rLi.ssian CONIMIJNICATIONS. There President varied the agenda by cansidering a matter of O'1'f�R BUS�SS at thi.s time. Selby of Staff requested a review of the perform�nc� of the developer af Cant�r',�ury Woods as co�ared with the directioris worked out at the August 7th m�eting of the Coimu.ssion. Several of the Comni.ssioners �? " had reviewed the site with the dev�loper i�cliately prior to this meeting. ` Selb stated the issues were three: Y ( 1) chimney chases, (2) the tence, and ( 3) trees. Z�he President asked for con�nents by the Cananissianers as to haw well or whether the developer has complied witlz thP letter and the spirit of the directives given at the meeting two wePks ago. He preferred not to open the discussion to other issues, whichwould require a new public hearing with ' notification in order to protect the rights of all parties. � (1) Ghases: Speaker and Smith agreed the chases should be installed i: on the bacJc of the east buildings, but since painted metal chimneys blended � into the trees in the interior of the development it might be optional with the d�veloper whether chases were installed on chimzeys there. The President pointed out the issue was not one of what changes in the original directives % mi.ght be made, but rather whether the developer has ccxnplied with the letter � and spirit of pervious directives. Since the original plan shaaed chases on chimneys` the directi.ve from the last meeting was for chases. It was ' clarified the developer could request a variance or pursue an appeal on its � merits from the limited. questian we are con�idering at this meeting. It was agreed that chases have not as yet been installed, although the developer �" has expressed willingness to install them if required. It is the decision of the Planning CotmLission tizey are required in acaordance with the original ` plan and the action of the August 7th meeting. � ; � � �w �. � � �, i` 4 t �sr:.-__ - ._- � -- - . . . . . � ,: � �NUTES TIGARD PLANNING CONR'BSSION August 21, .1979 - 7:30 PM Page 2 (2) Fence on east boundary: Smith �ported it is the developer`s intent to install the fence, although the precise t�rmination is open to interpretatian. The da.scretion to be exercised by the Planning Director was discussed. It was pointed out that details of i�le�ntation of thP intent of the Comnissi:on sh.ould properly be left to the profes5ional staff; but if that discretion were abused, then it would be a matter between the Co�nissian and the Director. b4hile Srrith had offered a motion, he withdrew it in vic�a of this discussion, in effect charging the Planr�ing Departim.nt Staff to use ' thei.r discretion in impletrenting the intent of the Comnission. (3) T.rees: Smith reported that eleven large fir trees have been planted on �the east boundazy, that four trees on the north boundary have not as yet been planted, but that tY�e intent nf screening has not been canplied with in one area. It was agreed the developer has not canplied inasmuch as four trees have not yet been installed an the north boundary, and that the l�lanning Director, in specifying the location of the trees on the east border, did not futfill the intent of the Planning Conrru.ssian to provide ade�c�uate scre.ening al.ong that boundary. Selby announced there would be a study session of the Commission Qn August 28th to c:onsider a tree ordinanc� and a subdivisian ordinanee, and that he would try to get a packet out for study prior to the meeting. �g At this time ( $:20) Co�ranissioner Helmer was excu.sed at his request. � '.Phe President then o�ned the PUBLIC F.�ARINGS, readixig the usual st.a.�te�- ment indicating the authority for the meetinq and the procedure to be follaaed. 5.1 C70NDITIONAi, USE CU 7.�-79 (McCoy, Marshall & Kazebee) Npp #6 A request by M�oy, Marshall & Kazebee for a conditional use permi.t to build I2 attaclied single family dwelling units in a R-7 "Single Family .I�sideni-_ial" zone on a 1.9 acre parc;el, Iocated at 1.5805 S.W. 98th Avenue (Wash. Ca. T� P�ap 2S1 11CD, T� L�ots 700 & 701) . Selby read the STAFF REPORT and REOONSf�7i]ATIONS. He asked 5taff Recoim�nda- tion 2 be deleted, that printed Recanmmendat..ions 3 and 4 be rernur�k�ered 2 and 3, arid that a Rec�ndation ,4 be acided as follaws: °'Zfhat the applicant submit for approval a landscape plan and exterior elevation design, with samples of roofing and siding materials for approval by the Site Design E�view Planner." Jerry P�arshall of the joint ventwre made the APPLICANT'S PRESENTATION. He ��lained this matter has been befox•e the Commission previously, and that it was approved on June 19 as a preliminary plar� and program review for a planned clevelopment; hawever, at that m�eti.ng it was suggested the applicant and s�aff consider whether application for a canditional use might not short�n the approval process. 'I4zerefore, this conditianal use request is being made now. � i , ' �S TIGARD P.L1�I�lING CON�ILSSION August 21, 1979 - 7:30 PM Page 3 , PLTBLIC TESTIM�NY in opposition was giv�n by Sandra Albo, Connie Watt and Nlike Busher, residents of the adjoining Ke�,vood Estates development. Mrs. Albo ccenplained of lack of notice of this meeting, alth�ugh she lives adjoining it. She presentPd a request signed by 26 property awners in Kerwood Estates for single-family awner-occupied residences to be built on t1-� property. All three � speakers opposed rental units, assertang amr�ng other things that there are many rentals available across from the high school and in the Stmnrerfield Apartments. 'I'hey pointed out the uppernliddle class character of their hanes, and pointed to the section of the NPO Plan calling for ccxr�atibility with the neighborhaod in new developm�nts such as is proposed. They felt there was no shcxaing that the area needed additional rental units, nor that the site was unsuitable for single- family detached residences. In REBU'ITAL, Jerzy Marshall was denied peLmissic�n to go into the past history of the development as not pertinent. In C1�S5 EXANIINATION, it was developed that the two units an the east west street were to be twa stories, to which Mtke .Albo objected an the basis of t.kie characte.r of the neighborhood and privacy. He inquired the use to be made of the present residence on the property, and expressed the cQnviction if it remained there should be architecturally m�dified in ke�ping with the surrounding hanes. '1'here were questians raised to the basis of the density calculations which were not rnsolved at the tiu�. CONIl�'lISSION DISCUSSION AND ACTION: 'The history and present status of the rcquest and altez�natives c�en to the cieveloper under various canditi..ons were '_� explored. Smith and Selby had an extended discussian of the calculation of density allawed for duplexes and under the planned development ordinance. Spealcer t�JOVED for deni�l of Conditianal Use CCT 18-79 based on the input of the neighbors and the considerable question on the density issue. He coim�ented thi.s still leaves the developer the opportunity to ccxne back with a general plan and dev�lopment review, at which time he should fully adc�r.ess the concerns exp�ssed in the public testimony and the density issue. The motion was seconded by Herron and carried, witn Bonn and Funk voting no. 5e2 ZONE CHANGE ZC 29-79PD (Winter Lake Planned Development) NPO #7 A request by Russell A. Krueger for a preliminary plan & program review of a residential planned development and a zane map amenc3ment from County RS-1 to City R-5 "Single Family Residential" and A-2 "Multifamily Residential" zanes an a 21.4 acre site, located east of S.W. 135th Av�nue� between S.W. ScholJ_s Ferry Road and S.W. Wa]nut Street (Wash. Co. Tax Map 1S1 33n, Tax Lats 300, 500, 600, 601, 602 & 603) . Selby read the STAFF REPORT and STA�'F RE�UATIONS. He requested Staff �comrendatiana 5 and 6 be deleted, and that Faeco�tmendation 7 be rentm�bered 5. The APPLICANT'S PRESLNTATION was made by A1 Benkendorf of Benlceridorf & Associates, Portland, cansulting planners. He very briefly reviewed the proposal and stated they agree with the conditions in the Staff Reeo�r�nclatican. He � offered to answer c�ue�tions. MINUI'ES TIGARD PLANNING CONIl`�ffSSION August 21, 1979 - 7:30 PM Page 4 The anly PUBLIC TESTIMONY was from John Lewis, who expressed concern as to the adequacy of e investigation of public schoolfacilities serving this area. 'This was responded to by Mr. Benkendorf, who stated there is no change in distr.ict uoundaries for this area presently cantemplated. It would be served by the Beavertan School District. C.'OPM�lISSION DISCCJSSION ANL� ACTION: Qu�stions � drainage, density, storm watsr retentian and drainage unde.r 25 year and 100-year stornis, were raised and discussed at some length. Dave Evans of David Evans and Associates of Portland consulting engincers, and the avner, Russell A. Krueger, took part in the discussion. Funk was concerned about buildings in drainage areas. 'It�pedino i.nquired why the Stutmer Lake Develo�ment was built to 100-year flood standards, while this ane is cansidering only the 25-year stoYm. 'I�is was explained by Staff. There was considerable discussian of whem ihe 100-year fl.00dplai.n lay, and the data avail- able from the Corps of Engineers and C�-i2M-Hill, and the credibility of the data. Srnith c�uestioned the calculation of the density allawed in the apart[t�nt house area, responded to by Selby. Smith and Furzk expressed cancern about the planning of a street in what appears to be a drainageway, and the applicability of pertinent sensitive land ordinances. There was discussion of the structures and painti.ng for children's play in the cul-de-sacs. 'I�pedino bT�VID for approval of Zone Changes ZC 29-79a and ZC 29-79b PD, based � an Staff findings and reccxm�endations, and directing the applicant to address specifically the issues raised -- e�rgenr_y vehicles acc�ss, the drainageway � �'�° issue, and the floodplain issue -- when next he app�ars before the Comnissinn. The m�tion was seconded by Baruz. Smith asked �that the areas discussed be re- examined to determine whether in fact they ax� iri a drainageway or sensitive �_..:�_ __ lands area, and if so, that the deve�opinerit plan be rn�dified to ccxi�ply with the sensitive lands or.di_nance. Tepedino added this to his m�tion with the cancurrence of the secand. The mat�i r.in' then carried unanimously. k At 10:05 the President declared a five-minute recess. 5.3 NLZSCELLANEOUS M 6-79 (Coltunbia Hardwood & Moulding Co�any) NPC) #5 A request by Col�unbia Hardwood & Moulding Canpany for a special use permit to fill in the flood plain in a M-3 "Light Industrial" zone, located at 12700 S.W. Hall Boulevard an the southe�st portion ( Tdash. Co. T� P9ap 2S1 1 Tax Lot 600) . (Previously tabled) . � Selby read the STAF£ REPORT. 'Ihe President asked what Staff's recc�-�ndation was. It was agreed the rncc�n�ndatian was that contained in the June 5 Staff Ld�port, which contained three eonclitians (which are addressed by the applicant in this presentatican) . ;'` Bud Fieimbach ot Beaverton, in the absence of the applicant, read a 1arepared statement outlining the history and present status of Columbia Han�vood and �' Moulding Cozr}�any, and the reasan for the request. Dave Sandstrom, staff engineer � of Rr�bert E, Meyer Consultants, explained the intent to remove fill in the flood- � �1� plain to the cantours existing in 1974, and i1.1u�,atrat�ed the proposal with ` ��• reference to the plan m�unted on the wall (later to be designated Exhibit "A") . �' It was a..scertained the plan calls for removing illegal fill, building a ra� to i' the flooclplain, and that the floodplain would be gravelled (not asphalted) to � prravide parking for 30 cars. I�omer Allen, Attorney for the applicant, told af ?'' r ress tcyward a sitian b the a licant of a � p og cqui y pp paroel invr�lved in t-he total plan. He stated the Stat�e Land Board regulations do not apply bec��use of tl�e low voltune involv�d� • ii . � � r�tv�rz�s �a TIGARD PL�NNING �Nl�'IL5SION �` August 21, 1979 - 7:30 PM i'; Page 5 `'' ;� �` ;. �.� ;1 �ere was no FLTBLIC TESTTNDNY. COI�LLSSION DISCUSSTON AND ACI'I�JN: Smith rai.s�d the questican as to what our �" response would be were this a n�w developmexit. It was felt these are different � circumstanoes and should not be considered as a precedent for swroeane who wants to shift the floodplain around. It was pointed out this applicant will restore an illegal situatiari to the candition prevailing fiv� years ago. Speaker raised the guestian as to whether theze are any greenway considerations here. Staff r�plied no. Smith NDVED approval o.f S�cial Use Permit M 6-79 based on Staff Report and Recoam�ndations and the large plan submitted (referred to as Exhibit "A") and the acccxnpan�ing material submitted by the applicant. It was noted the ap- plicant specified only gravel �r�. the floodpla:in parking lot (no paving) . '�'he m�tion was seconded uy Bonn and carried unanimously. 5.4 C�ITDITIOPdAL USE CU ��79 NPO #2 A request by Prendergast Moare for a cariditional use permit to build a comnerci.al office building in a C-3 "Ceneral Cc�ar�ercial" zone an a 1.46 acre parcel, located at Sh,ady T�arie & S.W. Greenburg Rc�ad ('Wash. C'n_ . Tax Map 151 35B, Tax Lot 205) . x, � Selby read fran the STAF'N� REPORT only the intror3uction, conclusianary i� faxidings and staff rec,��ndat�.ons, since the matter had been approved in ii No�vember, 1977, by the Comnission and the p�xnussion granted had expired. ('l�e =� President had ascertained there was no pub]_i.c testiurony in opposition.) �' F� � Z'he APPLICANri'°S PRESENTATION was made by John Greiner, architect for the project. rHe explained briefly the features of the bui.lding, the site, and the �'., restraints imposed by the large oak tree whic.h will k�e a feature of the property. ;; There was no PUBLIC TESTINbNY. �,� G"ONY�I[SSI�I DISCUSSION AND ACTION: Smith questioned the differenoe in floor r:� space tween e present and previous plans for the bt.�ilding, and received .� assurance the parking spaces are aclequate. ` Bonn NDVED for approval of Canditianal Use CU �-79 based on Staff Findings Y and Recomrendatians. 'I'he motian was secanded by Smith and aarried unani.urously. i: Agenda Item 5.5 was reported withdrawn. 7' ��, 5.6 TENIPORI�RY i7SE TI7 1.1-79 NPO #6 ;` , A requ�st by Bud A,. c,',avino for � �e�oxary use pe�mit �or five (5•)- � mnnth� t� r�ermit installatic�n of a mcabile savinas v�hicle to l�e �: , Ulaced close to tiie gat�house of Sum��rfield Com�rcial Centex, located on Pacific HiqYiway. `s : �� 2': ,: , '' � 1 i �` . ._ .. .,.... _ , . ... :. _...._. _, ` 4 • MINUTES ' TIGARD PLANNING COMMISSION August 21, 1979 - 7 :30 PM Page 6 Selby read the STAFF REPORT and RECOMMENDATION. There was no presentation by the applicant, nor public ��estimony on this item. COMI�4ISSION DISCUSSION AND ACTION: Funk moved for appro�val of Temporary Use TU 11-79 based on Staff Findings and Recommendation. The motion was seconded by Kol�leas and carried unanimously. 5 . 7 MISCELLANEOUS M �-79 NPO #7 A request by J. Allan Paterson for a special use permit to fill in the flood plain on a 8. 35 acre parcel in a R-7 "Single Family Residential" zone, located south side of Tigard Street, north of Fanno Creek (Wash. Co. Tax Map 1S1 34D, Tax Lot 5600) . Selby read the Staff Repor-c and Recoznmendation. Stu Cato, engineer o�' McMonagle & Harris , made the APPLTCANT'S PRESENTATTON. He emphasized the attempt was to find a place to store the material (described as dead or dying vegetation and unnatural material) required to be removed in accordance with C�nc�i.tion 7 of the Conditional Use granted the applicant on November 7 , 1978. He explained � they wished to remove this material onto the back of the lots as shown ' on the July, 1979 , revision of the preliminary p1at, and abjected to the Staff' s Finding o� Fact No. 2, which states the applicant proposes to reclaim a partion �f the floodplain, He stressed the difference between the floodplain and the f:Zoodway -- a distinction which is not made in Tigard ordinanceso He felt to remnve the material tc� the ba.ck yards of longer narroHrer lots would make them more � attractive to purchasers, sirice it would pr�vide space for garden5, etc. i � The only PUBLIC TESTIMONY was given by Mrs . Nancy Sheppy, a neighbor across Fanno Creek, who reported on the 1eve1 of the creek � in a recent flood and expressed conc.ern that no change be made which �, would increase the level of a flood. �!� CROSS EXAMINATION AND REBUTTAL: There was cansiderable discussion '� among the Commissioners and DZr. Cato on numerous aspects of moving material within the floodplain. The present lotting plan was compared `_'' with what previously had been apnroved. bZr. J. A. Paterson, the pwner, �' hriefly detailed the history of this development through the Commission, �� tlze variations in the lotting pattern, arid a description and location i of material proposed to be moved or reznoved. ! � COMMISSION DI�CUSSIUN AND ACTION: Smith objected to the present j proposal because it �ssentiall� y -�r ngs back the first proposal, which 7 the Commission rejected. T1ze question was raised about what would become � of a parcel at the east end of the development, which conceivably � znight be buildable. The app].icant stated setback requirements pre- !' � clude building on this odd-shaped �arcel. �, � � f;; 4 , . ,_. . � , _, . _ � � � �� , ' � i: � r�zrrvTES '.; TIGARD PLANNING CO'�IMISSION ? „i August 21, I979 - 7 : 30 PM �; Page 7 �.� � Speaker MOVED for clenial of r�iseellaneous M 8-79 °based on 5taff Findings , especially Conclusionary F'inding No. 3 � whiCi� a.x�CliCa.ted ��! a lack of information Jtaff deemed necessary from the applicant. Herron seconded the motion. Smith questioned the advisabi�.ity � of denying this principally on the basis un Conclusionary Finding 3, �; since the apglicant did present additional in_�'ormatic�n at the hearing. �, He felt a better basis for denial to be Conclusionary Finding No. 2 , � which states there is no hardship shown from what previous'ly lzad been ;; approved for this development. Staff reportad he had come prepared ' to change his recommendation if the information developed at the meeting justified doing so. On the basis that no showing of harship had been made, while considerably more information had b�en supglied, . ' �peaker modi.�ied his motion with the consent of the second to m�ke �? the principal basis of denial Conclusionaxy Finding Na. 2 , failure to v show hardship by following the last plan approved far the sitea ��'he �' motion carried. unanimously. � E' � ;r ;, The President closed the Public Hearing at 11s37 . ��. (? �; Under OLD BUSINESS the Staff announced the s�udy >ession for € August 28th. Staf� was requested to prepare a tentative mec�ting ; schedule for the remainder of this year. � Smith sugges�ted the sele�ction of the Vice President of the Commission be formalized, and MOVED that Commissioner Sp�aker be elected Vice President of the Commission. The motion was seconded �nd carried, The President declared the zneeting adjorned at 11: 40 PN. � �. � � � , � � , J i �. .' • , . . _ __ _ _ _. _ ' ' : �x � . �uBx.�zc: rTO�rzc� . • i: 'iI<=AI2D PT,AIVNING C01�7MISSION ��; ,lugu54• 21., 1979 -- 7:30 P.M. . � ,' F'owter Juni�r H.ig11 �chool - Lecture Room " i � ; ;� ' �.UflbS S1V Walnut Stree�t - Tigard , � i `i. Public Hearings: �. .,'` � �r a.l • �,ONDITIONA'.�.� USE CU 1$-79 (rScCoy, Max'sh�:l1 & KazebeE) � NPO #6 " P� . 3 A request by McCoy, Marshall & KazebeE .for a eondi.tional use pPrmi� ,j t� �ui1d 12 attached single famil.y dwel:i..i.ng units in a R-7 "5ingle � Family Residentia].°' zone on a 1.9 acre parcel, located at 15805 S.W, � 98th Avenue (Wash. Co. Tax Map ZS1. 11CD, Tax Lots 700 & 701) . � . 4 5.2 ZOriE CHANGE ZC 29�7�PD (Win�er Lake Plannec� Deve].opment) NPO #7 � ' �. 7a requ�st by Russel.l: A. Krueger for z pre.li*nina�.� �1an & grogram review ' af a residentizl. pl.an:ned development and a zone ma� amendmEnt from Couz'i�y RS-1 to City R-�� "Single Fami.].y Residet��ial" and A-2 "Mul�ifamilX Resid�ntial'° zones on a 21.4 acre si.te, located east o� 5.T�1. 135th �venue:, betraeera S.GJ. Scholls E'erry Road ar�d SeW. Walnut Streat (W3sh. Cq. Tax Map � 1S1. 33D, Tax Lots 300,5U0,600,601,60?. & 6Q3) . , 5.3 P•RISCELIlANE0U5 M 6-79 (Columbia Hardwoofl & Moulding Company) NPO #5 � i i A request by Coluntioia Hardwood & biou].ding Companv for a special �i use permit to fill in the flood plain in a M--3 "L'ight Tnclustr?al" zone, ' ,� located at 12700 S.W. Hall Boulevarcl on tl�e southeast partian ;Trdasr:. Co. ', Tax biap 251. 1 Tax T�ot 6��) • �Prezriousl.y tabled) . �E� i �,4 CONL�ITIONAL USE CU 15°79 (Tarbell Realtors} NPp #2 A request by Prend�rgast Moore fox° a ,conclitional use �erm?t to bt.u.ld a c��znmercial o£fice building in a C�3 "'General Commercial" zone on a 1.96 acre parcel, located at Shaciy Lane & S.W. Greenbu:c� Roac1 (Wash. Co. Tax Map '1S1 35B, Tax I.,ot 205} . 5.5 VARIANCE V E-79 (Tarbell R�altars) NPO #2 � x�ques� by prendergas•t M�ore fox• a varian,ce to increase tYze alZowabi e k�uilding height from 35' - 46' above the exa.sting grade on a commercial off.ice kauilding to be located at Shady Lan� & S.W. Greenburg Ro�B, (�^7ash. Co. Tax Map 151 35B, Tax Lot 205) . 5.6 MISCELLAIVEOUS M 8-79 (Sierra Subdi�ti.sion) NPO #7 A re�luest by J. Allan Paterson �or a specza]. use permit to fill i,n the flood plain on a 8.35 acre pareel in a R-7 "'Single Family � Residen�ial" zone, located south side o.f Tigard Street, north o� Fanno Creek (tiVash. Co. Tax Map 1S1 34D, Tax Lot 5600} , PublisY�. TT 8/8/79 & 8/].5/79 ��,._�� , STAFF REPORT ��, AGENpA 5.1 ' TIGARD PLANNI�TG GOMMISSION Augitst 21,, 1979' - 7:30 7P.M. Fowler Juniox High - Zecture Room 10865 SW Walnut Street - Tigard, Oregon nocket: Conditional Use GU 18-79 (Ref: ZC 31-77, S 17-77 and CU 23-77 and ZC 23-79) a Applicant: Joint Venture of James and Trene Owner: James & Irene McGoy McCoy, Jerr}� Mar�hall and Stanley 15805 SW 98th Avenue Kazebee, 5950 SW Jean Road Tigard, Oregon 97223 Lake Oswego, Oxegon 97034 .�pplication Date: May 29, 1979 Site Location: 158U5 SW 98th Avenue (Wash. Co. Tax Mag 2S1 11CD Tax Lot 700) Request: For a Conditional Use Permit to build 12 attached single f.amily dwelling units in a R-7 "Single Family Residential" zone or a 1..9 acre parcel. Previous Action: On November 14, 1977, the City Council approved a zone change request (ZC 31-77) by the owners from Wash. Co. RU-4 to Ci.ty of Tigard R-7 "Single Fa.mily Residential." On August 2, 197$, the owners were gzanted a conditional use permit (GU 23�77) �(; F to construct six duplex units on the subject site by the �� Planning Commission (see attached narraCive dated May 22, 1979) . On June 19, 197y, the app7.icants were granted a planned development request for townlzouses. Since June the applicant has appli.ed for a conditional use on �he same pxoperty to request attached single fam�ily use in accordance w�.th Sectian 1�,2a.020. Thexefore, the applicants are not pu�rsuing the planneci development request. I. Findin�s of Fact: l. The siYe is cuxrently zoned R-7 "Single Fami7.y Residential" and �� designated as "Urban Low Density" on NPO ��6. 2. Sec.tion 1$.20.020(1) of the Tigard Municipal Co�le pezmits"attached sin�le family unit, with a minimum lot size of five thousand squaxe feet each as a conditional use in the R-7 zone." 3. The applicable policy from the Tigard Housing is the following; Policy 15: "Provide greater diversity of housing density (e.g. , duplexes, £our-p1.ex, attached sing7.e family units,etc,) . �. J I � �,.I � STA�'F REPORT AGENDA 5.1 �� TIGARD PLANNING COMMISSION Page 2 � i; 4. Applicable po].icies of the Comprehensive Plan for development in the NPO ��6 area: Public improvements: Policies 3 and 4 - page 3 Planned Unit Developments: Policy 5 - page 3 5. The site is flat. A single family home is located in the southern portion of the 1ot, and a nut orc.hard is located in the northern end of the parcel. Surrounding land uses are the Summerfield golf course to the north, the Church of God and Church of- Ghxist to the east and across S.W. 98t1�, a single family home to the south, and the "Kerwood Estates" Subdivision (undeveloped at this time) to the westo 6. Water service is avai�.able to the site via a 12 inch line in S.W. 98th Avenue. Sanitary sew�r service would have to be extended to the site from an eight inch .line in Durham. 7. S.W. 98th Avenue i.s in substandard condition. Aowever, improvements Lo this street wi11 be provided at such time as the applicants develop their property. �,. 8. S.W. 98th is designated as a callector street on the NPO ��6 Plan, a,nd requires 60 feet of right-of-way. 'Phere is presently 55 feet of right-of-way. Therefore, an additional five foot dedication would be necessary. II. Conclusionary Findings: 1 . The proposed development is compatible with the surrounding zoning and conforms to the "Urban Low Density Residential" policies of the Com,prehensive Plany in that it provides a housin$ type need for diversified housing, and the attached sing7.e family units wi11 blend in with the surxounding land uses. 2. S.W. 98th is presently in su�istandard condition. Therefore, five fePt of right-of-way be dedicated and half street impro�rements wi11 be necessary. 3. The number of dwelling units are within the allowable dwelling units per �ross acre. IIZ. Sta�f Recommendata�ons: Stafx recommends approval subject to the following conditions: � 1. That fzve �eet of right-o�-way be dedicated to the aity with half street i.mpxovements constructed a.long the frontage of the �ropexty on S.W. 98th �rior to issuance of buildi.ng permits. � � � �� ; � ST�.FF REPORT i AG�NDA 5.1 (�; `� TIGARD PLANNING COMMISSION " Page 3 �; � � � � �;� �; i' ii � 2. That Sectioii �.8.56.030 (General Plan provisions) o;E the Tigard , Municipal Code be complied with prior to applicant's presentation �f 1 the general plan and program. 'Che general plan; must include the existing sin�le family unit. j 3. That site construction and drainage plans be reviewed and approved by the City Engineer and l3uilding Departments prior to issuance of ;;' . building permits wi,th any bonds or other agreements as required. '� 4. 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 wi11 be made in wxiting and shall include applicable drawings, engineer�:ng �pecifica�ions and other details requested by the department. No construe�i�n sha11 take place in t�hese in.stances until after the changes have besn ��proved. Anp deviation from this con.dition wi11 result in the immediate posting of a stop work ordPr on �he project or any portion of the project: �. J �'�. ,a t �: i; �� I , i Report prepared by: Ke elby Approved by: A1die Howazd o 'iate Planner P1.anning Director � . . . . � ir..�. 4� ., Y, . . . . . � ii_�. q�+w.. i: '4. . . . . . �.�.�.•_�,� . � . �i_,�..:; � � t! -� ( + tJ f � . STAFF REPORT AGENDA 5.2 � TIGARD PZANNING COMMISSION August ?.l, 1979 - 7:30 P.M. 10865 S.W. Walnut Tigard, Oregon 97223 Docket: Zone Change ZC 29-79a and ZC 29-79b PD(Winter Lake Planned Development Re: ZG 25-78PD & ZC 2/�-79 PD) Applicant: Mr. Russell A. ICrueger Owner: Same 2041 SW 5$th Avenue Portland, Oregon 97221 Applicat�.on Date: Julq 17, 1979 Site Location: Easr of 135th, between Seho�.ls Ferry Road and Walnufi Street (Wash. Co. Tax Map 1S1 33D, Tax Lots 300, 5009 G00, 601, 6D2 & 603) Requeste For a preliminary plan and program review for a multi-family planned development zone (A-2PD) on a 12.0 acre site. A1so, for a zone change from Wash. Co. RS-1 to City of Tigard R-5 on a 2�+.8 acre parcel with a tentative subdivision plan. Previous Action: On December 5, 1978, the applicant's request for a zone map amendment with preliminary plan development review app�oval �,, was tabled for two reasons: (1) The applicant was finalizing a purchase of land adjacent north of the subject site that Yie wanted to include in the total plan. (2) The City of Tigard and ttie Neighborhood Plan Organization 1�7 were still considering the land use and zoning designation for this area. On June 19, 1979 the P�anning Conunission denied the applic3nt's planned development and stated the following as consideration for the applicant to resolve in new a�plicati.on: 1. Calculation:s should be specific regarding density in relation to PD and sensitive lands. 2. Information on the schools in the Tigard School District should be obtained. 3. Sensitiv� lanci areas within this project should be addressed. A drai.nageway area in the eastern portion of the project needs to be considered. 4. Park and xecreational issues should be xesolved with the Park Boaxd. The applicant was also required, ta apply for separate zone changes for the single fami�.y and apartment parcels. The multi-family � plan is to include the proposed site layout. �.... . s, , STAFF REPORT AGENDA 5.2 �Y' TIGARD PLANNING COT�IISSION ��" August 21, 1979 - 7:30 PaM. ' 10865 SW Wal�ut Tigard, Oregon 97223 Page 2 ZC 29-79a and ZC 29-79b I. Finclin,gs of Fact: 1. The sitP is designated R-5 "Sin�le Family Residential" on the north, west and east. On the southeast, the site id designated A-2 "Mu1ti-family" twelve dwelling units per gross area. The site is presently zoned Wash. Co, RS�-1. The land use is designated by the NPO ��7 Plana 2. The applicant's request is in accordance with Section 18.56.020 and 17.16.010 of the Tigard Municipal Code. 3. The applicant proposes to construct 95 sin,gle family dwelling units. 16 duplex units and 138 apartments. 4. Section 18.56.110 of the Tigar.d Municipal Code provides the density factor calculation for the Planned Bevelopment as follows: Multi-family acreage site: 12.0 Minus public improvement 20� I��; '�:,.. Buildable net acres: 9,6 Divide the total net area (in square feet) by the underlying zone (in square feet) . 418,176.00 divide 3,630 sq. ft. - �15.20 dwelling units. Additional 20% may be pexmitted for the declication of open � space etc. (the pond 3,67 ace) 115.20 x 2Q� = 138.24 th� applicant is • .24 dwelling untis under the ma�imum allowed dwelling units in the A-2 zone. The Housing Implementation Pl.an adopted by the City Council on May 21, 1479 permits six dwelling units per gross acre on the subdivision por.tion of the subject site. Therefore„ 6 dwelling units x 21.G = , 128.4 a�lowable dwelling units. The applicant's proposed density is 17 dwelling units below the maximum. 5. AppZicable policies of the Comprehensive Plan for development in the NPO �f7 area: Public improvements: Policies 2 and 10 - page 3 and 5. Planned Unit Developments: Policy 4 and 11 - page 3 and 5. Site and Open Space Improvements: Policy 8 and 13 - page 4. Lacation of High Density Residences: Policy 5 - page 4. Density for mu�.ti-family: Policy 9 - page 5 �_ „;i .. 'i ;'; 't � � i't STAFF REPORT AGENDA 5.2 � TIGARD PLANNING COMMISSTODT August 21, 1979 - 7:30 P.M. 10$65 SW Walnut Tigard, Oregon 97223 • � ZC 29-79a and ZC 29-79b i Page 3 `� i � 6. A description of the site area is explained on page 4 of the applicant's �, � attached narrative. I 7, The surrounding land uses are_ single familq un�°�'s to the south (Morning Hi11 Planned Development) , east (Summer. Zake Planned Development and proposed Suimner Lake Park) to the north and west across S.W. 135th is vacant land d�signated far rPSidential use (see vicinity sketch on page 7 of the applicant's narrative) . 8. Sewer and water services as well as other utilities are explained startiag on page 19 of the applicant's narrative) . 9, Southwest 135th Avenue and S.W. ].30th Avenue will serve the traffic needs in this develapment. Southwest 135th Avenue is presently a county road arzd is designated as a collector street on the NPO ��7 Plan„ Southwest 135th Avenue is in substandard condition having inadequate paving width F'` and right-of-way with no sidewalks or curbs. Southwest ].30th Avenue ``�-�. is present�y a private r.oad. Summer Lake Planned Development is ” improving it up to the northeast corner of the subject site. Southwest � 130th A.venue is designate.d as a collector street and wi11 serve �he property Erom the east movin,g fzom. north to south. The street needs � to be realigned and dedicated with fu].1 street improvements (see plan). r �.0. The Park Board has requestad that the applicant dedicate a 3.4 acre parcel (see plan) adjacent to the Stxmmer 'Lalce Park area to the Czty. The applicant is considering the request. ZI, Conclusionary Findings: ; 1. The appli.cant has demon.strated tl�rough the site p�.an and narrative that he zs con�orming to the concept of a planned development in the , three parcels as required by the Tigard Municipal Code and the � Comprehensive Plan. 2. The applicant is we11 within the density permitted foz single family and multi-family. � 3. The plan shows a 3.4 acre parcel of �.ai1d for park use which is called i foz on the Summer Lake Park P1an. ' 4. Concerns expressed by the Planning Commission for density calculations, � drain.ageway activities a�d schoo7.s have been addressed (see attaclled � � school letter. and page 20 of the naxrative for descziption of the draina�eway contour) . " i'. . Ij I; a ry STAFF REPORT �� F AGENDA 5.2 ' �� TIGARD PLANNING COMM:LSST.ON k ZC 29-79a and ZC 29-79b � Page 4 � ; 5. The park and recreational issues have been resolved. The 3.4 acre area wil7. be planted in grass and maintained by the City. Recreational facilities (such as tennis courts and softball field) are projected to be installed within four years. III. Staff Recommendations: Staff. recommends approval. of the preliminary plan and program for the milti-family units subject to the following conditions: 1. That Section 18.56.030 (General) of the Tigard Municipal Code be complied with prior to applicant's presentation of the general Plan and program. 2. That site construction and dra.inage plans be �reviewed and approved by the City Engineer and Building Departments prior to i.ssuance of building permits with any bonds or other agreements as requiredo � 3o No changes wi11 be made to approved plans or. speci£ications tmless �.,. formal application is made to the appropriate department and changes are approved by that department. Application for changes wi11 be made in. wziting and shall include applicable drawings, engineering specifications and other details requesl:ed by the dspartment. �Io construction shall take place in these instances until after the changes have been approved. Any deviation from this conditic�n wil�. result in the immediate posting of a stop work order c�n the project or a�ny portion of the project. 4. That the ingress/egress to the A-2 areas be 30 feet wide. 5. That the narthern access to the A--2 areas be moved eastward to approximately 32 feet. Staff recommends approval of the R-5 zone change and tentative (preliminary) subdivision plat subject to the following conditions: 1, That the applicant dedicate the adequate dis.tance (as determined by the City Engineer) of right-of-way along S.W. 135th Avenue, and construct half stxeet improvements to collector street standards prior to approval �of final pl.at. 2. That the applicant prov�de the S.W. 130th Avenue extension as shown on the plan pxior to approval of the fiizal plat. �� That Section 13.56.030 �General) of the Tigard Municipal Code be '�`� complied with prior to applicant�s presentation of the general plan program. . : � a � � � . . � . . . STAFF R.FPORT ,.�.,; AGENDA 5.2 � TIGARD PLANNING COMMISSION ZC 29-79a and ZC 29-79b Page -';5 3. That site construction and drainage plans be reviewed an,d appr�ved by ^ the City Engineer and Building Departments prior to issuance of building permits with any bonds .or othex agreements as required. 4. No changes wi11 be made to approved plans or specificati�ns unless formal application is made to the appropriate department ancl changes are approved by that department. Application for changes wi11 be made in writing and shal]. include applicable drawings, engiileering specifications and other details requested by the department. No construction shall take place in thesa instances until after the changes have been approved. Any deviation from thzs condition wi11 result in the immediate posting of a stap work order on the project or any portion of. the project. 5. That the ingress/egress to the A-2 areas be 30 feet wide. 6. That the northern access to the A-2 areas l�e mo�ved eastward to approximately 32 feet. 7. That the basketball pole, backboard and a11 other �txuctures in the ��, cul-de-sac islands be prohibited. Hawever, tk�e painted paly �rea is permitted. � ,4 Pre�ared by: Ken �by Reviewed by: A7.die Howard Asso te Planner Planning Direcfor ,� � `�� I . j I � _— —:_. .� . r�■ i ' 3� �.''i � . .��.::�il STAFF R�PORT °� AGENDA 5.3 ` �, ,' TIGA1tD PLANNING COP�IISSION � ?� August 2�., 1979 - 7:30 P.M. Fow1�r Juniox High School. - Lecture Room 1Q865 SW Walc�ut Street - Tigard, Oregon Docket: Special Use Pezmit M 6-79 (Columbia Hardwood & Moulding Co.) App:l.icant: Columbia Hardwood & Moulding Owner: I3. William Gazeley 12700 SW Hall Blvd. P.O. Box 23365 Tigard, Oregon 97223 Tigard, Oregon 97223 Applicant Uate: 4-6-79 Site Location: 12700 SW Ha11 Blvd. (Wash. Co. Tax Lot 600, Tax Map 2S1-1) RequPSt: For a special use permit to allow fi11 i� the 100-year floodplain. Previous Actiozz: On October 24, 1977, the Planning Director approved a site plan and architectural xeview of a storage building. On February 14, 1978, the Planning Commission gave an opinion as to further development of the site. On April 11, 1979, the P1a.nning Director denied an app7.ication for design review of an additional starage building on the rear portion of y the 'lot. � On June S, 1979, the Planning Commissian tabled this item until the applicant prepared the following: ,' 1. A r.equest for you to show why the present fi7.1 should not be removed � to the original countour. ' 2. Mor� ar.curate niaps of the ares presented to Planning Commission. I. Eindings of. I+'act: 1. The applicant has submitted additional fil.l information, plans, and narrati.ve Co explain the issues as requested by the Pl.anning Commission on June 5, 1979, ' ; �� 2. All the attached exhibits should be reviewed fox consideration in granting '� the applicant's request. �T. Conelusionar.y tindings: 1. The staffs position has not altered fxom that on the staff repoxt dated June 5, 1979, providing that the applicant be required Co perfor.rn the same conditions. � k�: ,�; _; �; �; �. �:, i: h:� �,�nll d I . � . . . I�+�� ♦ . . � � `{�'�:'�I . ... .. . . . . . (� STA�'F REP�TT I''I AGENDA 5.3 �� '.,, PAGE 2 k f. TIGARD PLANNING COMMISSION i:� August 21, 1979 - 7:30 P.M. � �. I;i �� 2. The major issue in the sensitive lands (floodplain) involved in �� this proposal. , �:; TII, Staff Recommendations: Staff recouunends Plan.ning Commission. conside�ation of this request f.ollowing applicant's presentation. See Attached Exhibi�s: "A" Staff Repoxt SDR 3�-77 "B" Letter Dated January 30, 1978, fxom Harry Russell Co. and Maps (3) ' "G" Letter Dated March 22, 1978, from John Zaws f°D" Lettez Dated April 1$, 1979 and Staff rapori: SDR 19-�79 "E" Special use permi.t application "F" Site plan and cu�rent topogxaphy "G" City flood plain topographic map. "H" 100-year floodplaiiz alteration plan "�" Special use permit appliaation - dated AugusY. 8, 1.979 , "J" Staff report with exhi.bits � dated June 5, 1979 ��.. � � � � � P a � ; �, `I� �, �; � z� ;; �; Report prepared by: Ken ApproVed by: ' � waxd_ Associ e Plannex P1 nni g Director j r ;. � �. �. i � � � � I f �.:; , � � J; STAFF REPORT F' f� AGENDA 5.4 TIGARD PLANNING COMMTSSION August 21, 1979 - 7:30 P.M. Fowler Junior High - Lecture Room 10865 Sw Walnut 5treet, Tigard, Oregon !� Docket: Conditional Use 15-79 (Tarbell Realtors Re: CU 33-77) Applicant: Prendergast Moore � Thomas & Gr.einer Owner: Pxendergast Moore Co. I'.0. �3ox 1927 for. D.M. Tarbell Bellevue, Washington 98009 1800 SW lst, Suite 545 Portlandy OR 97201 P�pplication Date: 3uly 10, 1979 Site Zocation: 300 feet east of Greenburg Road on Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax Lot 205) . Request: To renew a conditional use approval to build a realistic office buildi.ng eleven feet above the allowable bui7.ding neight in a C-3 "Genera:L Commexcial" zone on a 1.44 ac;re parcel. Previous A�tion: On November l, 1977 the applicants received approval for a conditional use to construct a real estate office building eleven feet above the allowahle buildzng height. Since that date the csonditional use permit has not been exercised nor �- has construction begun. � :i Thezefore, the applicants have resubmitted a conditional use � permit request in acaordance with sections 18.72.d30 and � 18.12,110(b) of the Ti�ard Mux�icipaX Code. Real estate offices are permitted u�es in the C-3 zone. I. Findings of ract: 1. The site is designated Retail Commercial on the Neighborhood Planning Organization ��2 P'lan and zoned C-3, General Commercial. ' `I 2. Sec�ion 18.12,7.10(b) , building height limit exceptions„ of the Tigard � P�unicipal Code states that building heights in any zone may be in- creased as a conditional use to a maximum permitted height of seventy- fa_ve teet provided that the total floor area of the build.ings doe� not � exceed the area requirement of the zone (if any) and provided that in residential zones a11. yards sha11 h�ve a minimum deptl� of not less than - t• one half the height of the principal s .x�acture. 3. The applicabl.e statement from the NPO ��2 Plan text is the following: The Greenburg-2J.7 interchange is planned to serve as a neighborhood conveniex�ce c�mmercial cei�.ter wiGh the peripheral sites also serving the transient demand at t:his location for highway commer.cial establish- `'�, �E� menCs such as service stations and zestaurants as is presently occuxring. ��:,; �;`� ,, � , � a i � �,, � STAFF REPORT I *r AGENDA 5.4 �`�, TIGARD PLANNING COMMISSION August 21, 1979 CU 15--79 (Re: CU 33-77) Pa�� 2 4. The site is a vacant� triangular-shaped parcel which is situated several feet below the grade of S,W. Shady Lane. A large Oalc tree is 1,ocated approximately west of. ce�nter on the lot. Surzounding land uses are Highway 217 to rhe north, vacant land to the southeast, across Shady Lane and to the sauth an insurance affice and a retail store (under construction) ; to the west is a setvice station. 5. 'Lhe applicant is proposing t� construct a three-stozy, 32,090 square ' foot real estate office building on the north side of Shady Lane. The building height wi11 be 46 feet above the e�isting grade. This represents an 11 foot increase in the allowable building height of three stories or 35, whichever. is less in a G-3 zone. 6., The applicant has stated that the reasons for requesting a conditional use permit is due to the "extraordinary conditions of the 1ot created by the �hape, location, and geography of the site, of which the owner has no control," which establishes the need to exceed the building hea.�ht j � requir.ements. ��.,. 7. Soil tests cunducted on site by the applicant's project engineer indicate the water table is very close to the ground surface and that "minimal penetration into the soil for below-grade construction could result in possible detrimental effects frqm ground water pressure." Therefore, � the applicant is proposing to raise the basement or ground floor level of the building five feet. Therefore, the basement wi11 require a five foot excavation, rather than ten �eet. Additional rationale for raising the basement level is to compen.sate for the difference in elevation of the site and existing and proposed storm and sanitary sewer� lines. 8� The additional si.x foot building height beyond the five foat basement increase in being requested to compensate for the irregulax configuration of the 1ot and the need to provide for the required parking spaces For the proposed use. I I 9. Section 18.60.120(4)(f) of the Tigard Municipal Code requires one park- , ing spare/350 feet gross floor area, The site plan proposes 91 parking spaces available, whereas 85 are required by code. The ap- plicant proposes to conduct classes in real estate managemeiat during the evening hours and periodically during the day which wi7.1 create an additional demand for parking spaces. The additional parlcing spaces being provided would appear to meet that demand. �, ; � _ _ . _ , _. _ ,,, � STAFF REPORT ; AGENDA 5.4 ! TIGARD PLANNING GOMMZSSION CU 15-79 (Re: GU 33-77) Page 3 10. S.W. Shady Lane is designated a local s'treet on the NPO �f2 P13n. `i'here is presently sufficient right-of-way to meet the local street standards of 59 feet. However, Shady Lane is in �ubstandard condition (no curbs, sidewalks or street lights) . 11. Sanitary sewer and water services are available to the site via existing lines in S.W. Shady Lane. II. Conelusiona�y I�'indings: 1, The visual impact af the bua.lding height in relationship to sur- rounding land uses wauld appear to be negli;�ible. 2. Due to the ixregulax 1ot eon£iguration and presence of subsurface �round water, the incxease in building height beyond the allowable height in the zone would appear to be justified. III. Staff Recommendation: � ` Based on �indings of fact. and conclusionary findings, staff recommends �` approval subject to the following condition� 1. A half street improvement to 1oca1 stz�et standards be made on the S.W. Shady Lane frontage. No building permits wi7.1 be issued until construction drawings have been submitted to the public works degartment and the necessary bond filed. 2. Large oak tree on site is to remain and be protected during constructa.on to i.nsure survival. 3. No changes will be made to apPr.oved. plans or specifications unless formal a��lication is made to the appropriate department and ch.anges are approved by that department. Application for changes will be made in writing and sha11 include appl.icable drawings, en.gineering specifications and other details requested by the department. N� _ � coxzst�uction sha11 take place in these instances until after the changes ' have been approved. Any deviation from this condition wi11 �cesult in j the immediate . ostin of a sto work order on the ro'ect oz an ortion � _ p 8 P P J Y P of the p�aject. r 1 � � , i Wra.tten by: Ken y Approved by; Ken Selby i Asso 'ate PYanner Associate Planner ! l � � � 1 'i , _ a � , � _ � , i . �� ; i� �. STAFF REPORT " AGEN�T� 5.6 �;` Tigard Planning Commission ,� �'°�` A:ugust 21, 1979 - 7:30 P.M. ?' Fowler 3unior High - Lecture Room ` 10$65 SW Walnut Street - Tigaxd, Oregon " � Docket: Temporary Use TU 11-79 Applicant: Mr. B.A. Gavino, Nianager Owner: SunDay Co�sumer SunDay Consumer, T.nc. 815 N.E. Davis Portland, OR 97228 u t 1 Application llate: A gus 2, 979 Site Location: Summer.field Commer.cial Centez, Gate house, lucated a� the corner of Paca.fic Highway and S.W. Durham Road (Wash. Co. Tax Map 251 1pD, Tax Lot 1402) . '. Request: For a temporaxy use permiC for five months (commencing October 10, 1979 and terminating an February 8, 1980) to permit installation of a mobile savings vehicle on the subject site. Pr.evious AcCiort: The City Administrator approved a 60 day tempor.ary use for the Mobile Savings vehicle facility commencing on Au�ust '10, 1979 V; and terminating on October 9, 1979. �' � T. Fitidings of �act: � � 1. The subject site is zoned C-4 PD "Neighborhood Commercial" and is designated ,� the same on the NPO ��6 Plan. ' 2. The purpose of the request is to permit the use of a Mobile Savings Vehicle for a temporary �commercial use while the applicai�t is building the permanent facility (see attached site plan). ' 3. Section 18.80.020 of the Tigard Municipal Code authorizes the Plannin.g j Commission rhe right to grant temporary germits to terminate within ;� sxx months from the date of issuance. +,� Ix. Conclusionary Findings: � 1. The 2ocatio� of the Pacility is we11 within the commercial center axea and �� wi11 not affeeL the eastern adjacent residence of Summerfiel.d. !I 2. The mobile o�fice meets state occupancy requirements. �'� i TII. Staff Recommendation: , StafF recommends approval. � � � � � R�po.rt Prepared by: Repoxt appxoved by: � Ken y, Associate Planner A1die Howaxd, P�.annin�g rector E {; 1 --, , . _ �, STAFF REPOR'� AGENDA 5.7 �Yf� TZGARD PLANNING COMMTSSION August 21, 1979 - 7:30 P.Mq Fowler Junior Iiigh - T.�cture Room IQ865 SW Walnut Street, Tigard, -Or.egon DoCkc�t� Miscellaneous M 8-79 (Sierra Subdivision � Re: CU 23-78, A 2-78 an.d S 10-79) Applicant: J. A. Patexson Owncrc Same '127OQ SW E'acific Highway Tigard, Or.egon 97223 .�pp7�ication Date. July 27, 1979 Site Location: South of Tigard Streett north of. Fanno Creek, appr�ximately 10600 SW Tigard Streefi., (Tax Map 1S1 '34D, Zax L�t 5600) . Request: Spccial U�>e �erniit to Fi�.l tY�e f1o�d plain on a 8,3,5 acr.e parcel in a R-7 "Single I'amily R�sidential." zone. Pr.evious Ac�ion: On November 7, 197$, rhe Tigard Planning Comr,nzssion ap�xoved a request with conditions, to �1ace tea duplex dwell,ing units on five buildable lots w�ich would not encroach below the . l56 f.00t f.lood plain contour (see a.ttached staf.L repor.t datc�d Npvember 7, 1978 and :t�tter dated November 13, 1979). �' �r�� Z. Findings af Faet: 'i 'l. Tt►e subj�ct sxte is zoned and designated R-7 "Si��g1e Famil.y Residential" on the NPO 4�7 P1an. 2. The applicant pro�osed to xeclaim the portion Uf the fl.00dplain axea on s' the sou�h end oE each ].ot. The revised plan also indicates CY�at the �� fi.ve lots wil.1 be redr.awn to be narrc,wer anci deeper (see aCta:ched plan) . � r: 3. The attaehed speczal use pexmit applicaCi,on ir.�dicates that there wi,]:1 be ;: nc� charge in the flood plai.n capacity. The Eil'1 wi11 be from onc: part oi the E7.00d plain to anoGher, The modification. wi11 b� 1z% o:f the eota7. site ar.ea. 4� Tt is Lbe intenLion o:E Lhe applieant ta incoxpoxate the realaimed tlood ;a, P1ain axeas as bac:kyard spa.ce foz each of the five 7.ots. This use i.s permittecl in Section '18.57.030 (a) of. the Tigar.d Municipal Code, i', ;��; 5. The .Eill. rec�uest is covered in SecCion 18.57.040 oL �he Ti.gard Municipal �od�. z�� 6. Any Fi:LI or modification in t.he �1ood plain axea �nust qua�.i�y the sL•andards set a.n Secti�n 1$.5T.070 nf. the Tigard Municipa7. Code." i�' ;.,' �.. �:` �%:: � � �� i�`� �;; k,.. � . � � .. � .. . � . . � . � . .�1:�,�. ). .. . . . ..� . . . . . ..�� .. .. . .. � . . � .. . �� . � .. .. � . . . . .. .. �.� . . . . . .... ,� ,°,:; � _ STA�F �ZEPORT AGENDA 5,7 �' 1'IGAR� PLANNING COMMISS]:ON ��t Pa e 2 :g II. Coticlusinnaxy Findings: i l. The moditied flwod p'lain contour, due to f�.17., wi11 change the flow direetion, some in th� nor.theast ar.ea o£ t'he Eloodp�.ain back wash ar,ea of the site. 'Chis is a violation ot the f."lo�dplaa.n permi� standard. 2. Tk�ere is no hazdship or. viable reason tor the need to extend the ya.rds past the existi.ng f7.00dplain contouz. The number of l.ots wi�:1 not incr.ease nor wi1L they become any more buildablc:. 3. 5taff is unab:l.e to complete7.y evaluate this pr,o�osal do t� the lack of informaCion provided with this applicati.on. Applicant was advised that the ncw Sensitive Lands Ordinance, a�.1 pr.operty within. the �loodplain� wil�. be considered. as a PZanned Development. App�:ican.t did not want o�z wish ta apply under these conditians,. nor did he wish. to supply the dncument item required by staf�' for a Special Use Pexmit. Applican,C wishes to appear bafore the Planning Commission to plead lais case. Sta:Ef has nn authority to zefuse ro process an applir,.a.tion if certain fees are paid. Staff feels that this app7.ication is incomplete. � ZI. Staff Recommendation: Staff recommends denial of the request based on the conclusionary findings. � tl ; L i] x 1: Written by; Ke 1'tiy � Approved by: �11die Howard ii As o 'ate Planner Planning Director �, � �� :al i`I zl ?� �, !: i.4 . � . � . . . �;I . . . .. . .. . � �� . � . � � � � .. .. � �;� , � . � . . � , � . � �.. . }r± � �. .. . .. � � . � �.� � ... .� . . �i.,' � .. . . . � . � � �. � � . . . ... .. . . � ,. . .� ��'��.. . . . .... . .. . . . ` � ..:�..