Planning Commission Packet - 09/09/1979 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PLEASE NOTE: The original paper record has been archived and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.
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AGENDA
TIGARD PLANNING COMMISSION ?
September 4, 1979 - 7: 30 PM
Fowler Junior High - Lecture Room
10865 SW Walnut Street - Tigard, OR
1. Open Meeting:
2. Roll Call:
3. Approval of Minutes from Previous Meeting(s):
('l
4. Planning Commission Communication:
5. Public Hearings:
A. Staff Report
B. Applicant's Presentation
C. Public Testimony
1. Proponent's
2. Applicant's Presentation
3. Cross-Exmaination
D. Staff Recommendations
E. Commission Discussion & Action
5.1 ZONE CHANGE ZC 13-78 and ZC 18-78 (Pick's Landing Planned Development) NPO #6
A request by Mr. Grimstad and Mr. Waymire for a change in specific land use on a
25 by 100 foot strip of land originally developed as a landscaped common area
in the 41.33 acre site located at 9930 Sw Durham Road (Wash. Co. Tax Map 2S1
14B, TAx Lots 300 and 400) .
54 ZONE CHANGE ZC 5-72 (Summerfield Planned Development) Has been withdrawn. NPO #6
The applicant is not proceeding with duplex type construction. £herefore, r
a public hearing is not required. t+
5.3a ZONE CHANGE ZC 30-79 (Trademark Homes) NPO #5
A request by Trademark Homes for a zone map amendment from City of Tigard C-P
"Commercial-Professional" to City of Tigard M-4 "Industrial Park" zone on a 1
2.76 acre site at 7185 SW Sandburg Street (Wash. Co. Tax Map 2S1 1DC, Tax Lot
3700) .
5.3b CONDITIONAL USE CU 14-79 (Trademark Homes) NPO #5 z
A request by Trademark Homes to install a 6,000 gallon fuel tank in a M-4
"Industrial Park" zone on a 2.76 acre site located at 7185 SW Sandburg Street
(Wash. Co. TAx Map 2S1 1DC, TAx Lot 3700) .
5.4 ZONE TEXT AMENDMENT ZOA 2-79 (City of Tigard
A request by the City of Tigard to amend Chapter 18.12 General Provisions of the
Tigard Municipal Code with addition of Section 18.12.120 to permit fuel tank
installations as a conditional use in all zones except residential.
AGENDA
TIGARD PLANNING COMM
September 4, 1979 - 7:30 PM
5.5 CONDITIONAL USE CU 17-79 (Tiburon Co.) NPO #2
A request by the Tiburon Co. for a conditional use permit to construct a duplex unit
in a R-7 "Single Family Residential" zone on a .45 acre lot located at 11855 SW
91st Avenue (Wash. Co. TAx Map 1S1 35DC, Tax Lot 2400).
5.6 CONDITIONAL USE CU 16-79 (Bill Burnham) NPO #6
A request by Mr. & Mrs. Billy Burnham for a Conditional Use permit to construct
three attached single family units in a R-7 "Single Family Residential" zone
on a portion of the 2.90 acre parcel located at 14235 SW 97th (Wash. Co. Tax Map ,
2S1 11BA, Tax Lot 1000).
5.7a CONDITIONAL USE CU 19-79 (Tom Stern) NPO #1
A request by Mr. Tom Stern for a conditional use permit to allow construction of
a 14,840 sq. ft. building for office, warehouse and outside storage use to
operate a plumbing supplies business in a C-3M "Main Street Commercial" zone on
a three acre site at 9110 SW Burnham Street (Wash. Co. Tax Map 2S1 2AC, Tax Lot
200).
5.7b MISCELLANEOUS M 9-79 (Tom Stern) NPO #1
A request by Mr. Tom Stern for a special use permit to fill 2100 cu. yards in the
flood plain portionof a three acre site at 9110 Sw Burnham Street (Wash. Co.
Tax Map 2S1 2AC, Tax Lot 200).
5.8 CONDITIONAL USE CU 22-78 (Martin Eggert) NPO #1
A request by Mr. Martin Eggert to extend a conditional use permit granted on August
1, 1978 to construct a duplex unit in a R-7 "Single Family Residential" zone on
a .41 acre parcel at 11450 SW Greenburg Road (Wash. Co. Tax Map 1S1 35CA, Tax
Lot 1500).
6. Old Business:
7. New Business:
8. Other Business:
a. Notice of appeal on Canterbury Woods issue, see attached letter dated 8/27/79
b. Zone all parcel of lands in the city to the comprehensive plan.
c. Set date and list items for a study session meeting.
9. Adjournment
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TIGARD PLANNING COMMISSION
September 4, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
President Tepedino OPENED the meeting at 7:30 P.M.
ROLL CALL
Present: Bonn, Funk, Helmer, Herron, Kolleas, Smith, Speaker, Tepedino
Absent: None
Commission Vacancies: One
Staff: Howard, Selby
The MINUTES of the August 21 meeting were discussed. Speaker stated because
of lack of regular City clerical staff, the minutes as submitted were inadequate
for a permanent record of the meeting, citing lack of proper identification of
agenda items and poor. typing. He suggested these minutes be returned to staff for
retyping and resubmission, promising to work with staff on it. Tepedino moved this j
procedure be followed. The motion was seconded and carried.
There were no Planning Commission COMMUNICATIONS to be heard at this time.
The President opened the PUBLIC HEARINGS with general announcements, and
read the usual notice of authority for and procedure of the meeting.
0 5.1 ZONE CHANGE ZC 13-78 and ZC 18-78 (Pick's Landing Planned Development) NPO I6
A request by Mr. Grimstad and Mr. Waymire for a change in specific land use
on a 25 by 100 foot strip of land originally developed as a landscaped com-
mon area in the 41 .33 acre site located at 9930 S.W. Durham Road (Wash. Co.
Tax Map 2S1 14B, Tax Lots 300 and 400) .
Howard read the STAFF REPORT and RECOMMENDATIONS.
The APPLICANT'S PRESENTATION was made by Paul Grimstad who explained the
request by himself and Mr. Waymire. They are the sole members of the homeowners
association, and wish to sell a lot reserved for park purposes, and to use the
proceeds "to benefit the landscaping" with the residue to become a beginning balance
for the homeowners association.
PUBLIC TESTIMONY in opposition was given by Shirley Pick Simpson, who claimed
a "vested" interest inn the property. She gave her background, that of previous
owners, and plans which would have drastically affected the property had they pro-
ceeded--development of the Tualatin River and extension of Murray Boulevard. She
characterized the development as without taste or style, suggesting six architects
whom she asserted would prepare a much higher-quality development. She presented
nine exhibits relating to the accomplishments of previous owners, before and after
photos, letters from distinguished citizens, summer and winter scenes on the pro-
perty, books containing quotes on environmental and economic subjects. The thrust
of her testimony appeared to be that the Commission should rescind its previous
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TIGARD PLANNING COMMISSION
September 4, 1979
Page 2
approval for this site and compel the engagement of a distinguished architect to
design an aesthetically much higher quality, more environmentally attuned develop-
ment on the site.
Also speaking in opposition were:
--o William L. Fletcher, architect of Portland, who commented on the lack
of open space in the interior of the development, and a lack ofsegregation of
automobile from foot and bicycle traffic; but specifically he object to elimination
of what little open space was left in the interior of the development.
--o Saul Zaik, architect of Portland, commenting on economic factors affect-
ing and effecting developments, and deploring the lack of open space and the
circulation pattern. He suggested the Planning Commission should "take another
look" at this in the light of economics of the area a few years hence, the real t
need for more living units in Tigard, and the burden this development will put on
municipal facilities.
Both architects stated they were present at Mrs. Simpson's request.
COMMISSION DISCUSSION AND ACTION: Speaker commented on his concept of the
, function of the Planning Commission in this and similar cases, opining the decision '
should be limited to whether to allow abandoning the open space as requested. Funk
asked Mrs. Simpson why she did not appear when first this development came before the
Commission. She replied that was "a family matter." Smith suggested to consider a -1
revamping of the project at this time would be completely out of order--it is too
late now to raise the type of objections we have heard tonight.
Tepedino related the history of this development before the Commission and the fi;
reason for the presence of this park. He and Smith and Howard discussed whether
the Commission at this point technically had jurisdiction over this request. Speaker
called attention. to Section 18.56. 120 of the Tigard Municipal Code, specifically
subsections (3) and (4) , on the basis of which he asserted only the Commission had
authority to rule on a request of this nature. He also rejected the idea of the two I
developers being able to act as the homeowners association, asserting there should
be at least 35 percent of the lots in individual homeowners' hands to constitute a
legitimate homeowners association. On this basis he MOVED denial of Zone Change
ZC 12-78 and ZC 18-78. Helmer seconded. The status of th.e subdivision was clari--
fied for Commissioner Smith, Mrs. Simpson pointed to Mr, Howard, who stated he was
presently a renter of a Pick's house. There was no feeling expressed on the Com-
mission that this had any relevancy to the issue under consideration. The motion
then carried unanimously.
The President announced for the benefit of those in the audience that Item
5.2, Summerfield Planned Development, had been withdrawn by the applicant.
Howard asked for clarification of the bases for the motion which just passed
as guidance for the future. Speaker reaffirmed his conviction the developer alone
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September 4, 1979
Page 3
is not a proper homeowners association; that when a certain percentage of the lots
are sold the developer must turn the association over to the real homeowners for
operation; and that his recollection from somewhere was that this figure was
around 35 percent. Howard pointed out it would not be possible for the Staff to
know when such a percentage figure had been reached; that the homeowners would
have no knowledge of the Tigard Municipal Code; and that in effect the Commission
was setting up a situation the Staff would have no knowledge of or ability to con-
trol. Speaker reaffirmed the controlling nature of TMC 18.56.160 (4) . The consensus
was that the Commission would deal with the situation if and when it might come up,
with the opinion expressed by Funk that the homeowners themselves would be unwilling
to abandon their open space, as presently requested by the developers.
5.3a ZONE CHANGE ZC 30-79 (Trademark Homes) NPO #5 -
A request by Trademark Homes for a zone map amendment from City of Tigard •
C-P "Commercial-Professional" to City of Tigard M-4 "Industrial Park" zone
on a 2.76 site at 7185 S.W. Sandburg Street (Wash. Co. Tax Map 2S1 1DC,
Tax Lot 3700)
5.3b CONDITIONAL USE CU 14-79 (Trademark Homes) NPO #5
A request by Trademark Homes to install a 6,000 gallon fuel tank in a M-4
"Industrial Park" zone on a 2.76 acre site located at 7185 S.W. Sandburg
Street (Wash. Co. Tax Map 2S1 1DC, Tax Lot 3700)
Howard read the STAFF REPORTS and RECOMMENDATIONS of the two proposals to-
gether, since the applicant had nothing additional to present as the APPLICANT'S
PRESENTATION.
No PUBLIC TESTIMONY was offered on either the zone change or the conditional
use requests.
COMMISSION DISCUSSION AND ACTION: Speaker asked Larry Hill, representing the
applicant, who would be served by the fuel tank and pump. Mr. Hill stated it would
be used only for and by their supervisors in company pickup trucks. Kolleas asked
if a vapor return system would be included, informing him this was "the coming
thing". He did not know whether such a device was contemplated. Further question-
ing developed there would be about 15 superintendents whose pickups would be served
by the facility, which would dispense unleaded gasoline rather than diesel, as
stated in the Staff Report. Staff stated the difference in the fuel imposed no
problems--either would have to meet the State Fire Marshall's requirements.
Notwithstanding the previous closure of the public hearing on the issue, at
this point the President recognized Mrs. Paul Warner, 13515 S.W. 72nd Avenue,
residing directly across from the site under discussion. She expressed concern
over the operating hours (limited by Recommendation 2 to 8 p.m.); to the use by
large trucks of the circular driveway at her residence (termed a civil matter out-
side the jurisdiction of the Planning Commission) ; and the use late at night by
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TIGARD PLANNING COMMISSION
September 4, 1979
Page 4
large trucks' of 72nd Avenue, which made sleep by residents of the area difficult.
It was explained there would be a building and large parking lot between her home
and the fuel pump facility. Selby commented on the circumstance that the plan for
the area called for heavy industrialization and commercialization which would in-
deed affect the liveability of the area for the longer-time residences still remain-
ing, but that all he had to offer was sympathy and the operation of the site design
process to effect as much buffering as practical.
Speaker MOVED approval of Zone Change ZC 30-79 and Conditional Use CU 15-79,
based on Staff'Findings and Recommendations. Helmer seconded the motion. Bonn
suggested modification of Condition 1 of CU 14-79 to include "screening of the fuel
tank operation, if needed." The mover and seconder agreed to the modification,
whereupon the motion as amended carried unanimously.
5.4 ZONE TEXT AMENDMENT ZOA. 2-79 (City of Tigard)
A request by the City of Tigard to amend Chapter 18.12 General Provisions
of the Tigard Municipal Code with addition of section 18.12.120 to permit
fuel tank installations as a conditional use in all zones except residential.
After considerable discussion of the ramifications of alternate wordings,
the added section was modified as follows:
"To permit vehicular fuel tank installations as a conditional use in
all zones except residential.. The permit shall be subject to approval
by the Planning Commission with any conditions deemed necessary, follow-
ing written approval of the appropriate governmental agencies."
Bonn MOVED that the above wording be approved by the Planning Commission for
submission to the City Council. The motion was seconded by Kolleas and carried
unanimously.
5.5 CONDITIONAL USE CU 17-79 (Tiburon Co.) NPO #2
A request by the Tiburon Co. for a conditional use permit to construct a
duplex unit in a R-7 "Single Family Residential" zone on a .45 acre lot
located at 11855 S.W. 91st Avenue (Wash. Co. Tax Map 1S1 35DC, Tax Lot
2400).
Howard read the STAFF REPORT and RECOMMENDATIONS.
The APPLICANTT'S PRESENTATION, was made by Bruce Bruinsma of the Tiburon Co.
He discussed the option of two common-wall single-family units versus a duplex, and
characterized it as impractical in view of the site characteristics. Speaker raised
the question as to why this site should be allowed duplexes. Mr. Bruinsma pointed
to the small-lot character of adjoining property, the abutting of the back of an
MINUTES
TIGARD PLANNING COMMISSION
September 4, 1979
Page 5
apartment house complex, and the peculiarities of this particular site--all of
which he felt justified the conditional use requested.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Speaker stated his questions as to why a
duplex should be allowed on the site had been resolved by the applicant, and there-
fore MOVED approval of Conditional Use 17-79 based on Staff Findings and Recommenda-
tions.
Rolleas seconded the motion. Tepedino p i commended on the nature of the
conditional use mechanism--that it presupposes extraordinary conditions which he
found lacking in this instance. Bonn spoke on the definitely rental character, of
the neighborhood, feeling duplexes on this site are in order. The motion then
carried with Tepedino voting no.
5.6 CONDITIONAL USE CU 16-79 (Bill Burnham) NPO #6
A request by Mr. & Mrs. Billy Burnham for a Conditional Use Permit to
construct three attached single family units in a R-7 "Single Samily
Residential" zone on a portion of the 2.90 acre parcel located at 14235
S.W. 97th (Wash. Co, Tax Map 2S1 11BA, Tax Lot 1000) .
Howard read the STAFF REPORT and RECOMMENDATIONS, correcting Findings of Fact 7
with regard to specific lot numbers.
Mrs. Mary Burnam made the APPLICANT'S PRESENTATION with the aid of opaque
and transparent projectors, showing a map of the area and architectural renderings
of the structures proposed. She commented on the substantial changes in the area
which have taken place in recent years--from essentially rural to definitely urban.
She emphasized orientation with respect to prevailing winds and solar exposure, and
conservation of topsoil by the proposed development. She touched on provision of
affordable homes.
PUBLIC TESTIMONY was given by the following:
--o Don Feller, 9875 View Court and a member of NPO 6, presented a petition
signed by 45 neighbors opposing the applicant's proposal on the basis of the
single-family nature of the area, and asking for denial of the request. He called
attention to the three points in the denial of duplexes on this site in the July
17, 1979 hearing before the Commission, feeling the present proposal is subject to
the same considerations, and emphasizing the change--which he characterized as
"drastic"--which would be introduced into the neighborhood by the granting of this
request. Smith inquired as to the sewer situation in the area, responded to by
Mr. Feller, who stated the homes are on spetic tanks, that the lots are indeed
large to accommodate them, but that the homes are large also.
--o Irene Mawhirter, 9680 McDonald, spoke in favor of the proposal.
--o Jim Evans, 14285 S.W. 97th, spoke in favor of maintaining the established
character of the neighborhood.
MINUTES
TIGARD PLANNING COMMISSION
September 4, 1979
Page 6
--o Howard read into the record a letter from Mrs. John Butler opposing the
proposal.
COMMISSION DISCUSSION AND ACTION: Smith questioned the underlying density
of the entire parcel, responded to by Selby, who discussed NPO policies which con-
flict somewhat with City ordinances. Speaker commented that the issue of renters
being undesirable, the poor condition of sewer facilities in the area, and the pre-
sentation on energy efficiency, were all irrelevant to the proposition being con-
sidered. On the basis that the same considerations which prompted denial of a
similar request on July 17--that is, the large-lot single-family character of the
neighborhood, the opposition to the introduction of multiple housing by many of the
neighbors, and the lack of demonstrated need for buffering by duplex-type construe-
tion--Speaker MOVED for denial of CU 16-79. Herron seconded the motion. Smith
stated history indicates that once sewer is required on large lots, the so-called
character of a neighborhood can change quite rapidly in accordance with the economics
involved. Funk called attention to his previous vote in favor of the similar pro-
posal on July 17, and stated his conviction this proposal would help bring improved
conditions into the neighborhood. Tepedino likened the conditional use process as a
safety valve to take care of unusual conditions, and did not see in this proposal
the circumstances justifying use of the conditional use process. Smith disagreed
with the safety valve concept, but recognized if we approved this proposal it could
iLestablish a trend to multiple housing in the area. Helmer inquired about the topo-
graphy, responded to by Mrs. Burnam, who reiterated her assertion there were three
benches, which would eliminate the necessity for substantial excavation. Tepedino
read from TMC the provision for conditional uses. Speaker inquired whether the
street improvements called for were dependent on this proposal. Howard stated the
improvements would come with any development, but that in this case because of the
economics involved the developer requests additional density. Funk inquired if
alternative lotting patterns had been thoroughly considered so all lots could be
single-family, to which Howard responded that that was not the Planning Department's
function--it passed on propositions brought to it by developers with respect to
compliance with City codes, etc. Speaker inquired if the Janzen subdivision would
be single-family, to which the answer given was yes. Smith pointed out denial of
the common-wall structures would reduce the units possible in the development from
14 to 12.
The motion then carried on a roll call vote, with Funk and Bonn voting no.
At 10 o'clock the President declared a five-minute recess.
5.7a CONDITIONAL USE CU 19-79 (Tom Stern) NPO #1
A request by Mr. Tom Stern for a conditional use permit to allow construction
of a 14,850 sq ft building for office, warehouse and outside storage use to
operate a plumbing supplies business in a C-3M "Main Street Commercial" zone
on a three acre site at 9110 S.W. Burnham Street (Wash. Co. Tax Map 2S1, Tax
Lot 200) .
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TIGARD PLANNING COMMISSION
September 4, 1979
Page 7
5.7b MISCELLANEOUS M 9-79 (Tom Stern) NPO #1
A request by Mr. Tom Stern for a special use permit to fill 2100 cu.
yards in the flood plain portion of a three acre site at 9110 S.W. Burn-
ham Street (Wash. Co. Tax Map 2S1 2AC, Tax Lot 200).
Howard read both STAFF REPORTS and STAFF RECOMMENDATIONS, correcting Staff
Recommendation 3 on Miscellaneous M 9-79 to read in part, ". . .so as not to pro-
hibit water flow. . ."
Tom Stern made the APPLICANT'S PRESENTATION. He gave a brief history of
this and nearby properties and the use applicant expects to make of the site.
Howard explained land uses in the area and the status of greenway dedications with
the aid of the drawing on the wall.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: There was considerable discussion of
several aspects of the request:
--o Speaker's question on net increase or decrease in floodplain holding
capacity (resolved later in the discussion) ;
--o Smith's question on whether a fill permit goes with the land or the
applicant, in view of the minor land partition (it goes with the land) ;
--o The changing of conditions with the passage of time, which could justify
revocation of the rights granted by an old fill permit;
--o Further discussion, including Boyd Davision, engineer. of Cooper &
Associates, Inc. , on the net effect of the filling operation. Discussion on this
resulted in an agreement that the net effect of the fill material removed from the
floodplain and placed on the fill site should result in a net increase (or at
least no decrease) in the holding capacity of the floodplain. Should the material
removed from the stream area be unsuitable for fill under the building, it would
be hauled off and suitable material brought in.
It was on agreed the two issues should be addressed separately. Thereu
g p
Smith MOVED for approval of Miscellaneous M 9-79 based on Staff's Findings of Fact
and Recommendations, with the addition of condition 6 as follows: That the flood-
plain be restored to not less than its pre-1976 holding capacity, to the approval
of the Public Works Director. The motion was seconded by Kolleas and passed
unanimously.
With respect to the conditional use request, Funk raised the question as to
why no site plan was submitted. Staff agreed it was because of vacations and sub-
stitute staff in the office. The paved lot was considered. A gravelled surface,
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as suggested by Bonn, was explained as impractical for the use contemplated by
the applicant, based on his company's experience elsewhere. Smith raised the
question of what our action would be were this a new applicant. Howard explained
the benefits, particularly in greenway dedication and street improvements, which
would come as a result of approval of this request. Smith expressed concern that
approval of this request be not considered as a precedent with respect to flood-
way land use. Smith then MOVED for approval of Conditional Use CU 19-79 based on
Staff Findings and Recommendations, with the added stipulation that the action on
this floodplain request shall not be considered as a precedent when considering
future similar. requests. Helmer seconded the motion, which carried unanimously.
5.8 CONDITIONAL USE CU 22-78 (Martin Eggert) NPO #2
A request by Mr. Martin Eggert to extend a conditional use permit granted
on August 1, 1978, to construct a duplex unit in a R-7 "Single Family
Residential" zone on a .41 acre parcel at 11450 SW Greenburg Road (Wash.
Co. Tax Map 1S1 35CA, Tax Lot 1500) .
Since only the applicant remained in the audience, Selby read only the STAFF
RECOMMENDATIONS portion of the STAFF REPORT, Of the printed recommended conditions
he deleted NoN 2; the renumbered No. 3 reads as follows: That all units existing
or to be constructed on the subject site utilize 97th. Court to enter onto S.W.
, Greenburg Road if a permit to use this private drive is given." Printed Conditions
4 and 5 are then renumbered 3 and 4.
Selby explained at some length the conditions prompting the revised conditions,
and expressed confidence satisfactory traffic patterns can be worked out with the
applicant in the site design process.
Martin Eggert, the applicant, had nothing additional to offer in the APPLICANT'S
PRESENTATION.
COMMISSION DISCUSSION AND ACTION: Smith questioned the application of the
City Code requiring each lot to have access to a public street, whereas we are
strongly suggesting the use of a private drive for access. Selby explained public
access must be available, even though not utilized. Mr. Eggert explained, in
response to Smith's objection that, both duplex units could not have access to a
public street, that the units would be so designed as to afford access to Greenburg
should the private access be denied at any time in the future.
Bonn MOVED approval of Conditional Use (Extension) CU 22-78 based on Staff
Smith seconded the
Recommendations as modified in the presentation.
Findings and
motion, which carried unanimously.
OTHER BUSINESS: The handwritten letter from Richard J. Geisert, attorney for
Elizabeth A. Anderson, giving notice of appeal on the Canterbury Woods hearing of
August 7, was read and discussed. Howard explained Mrs. Anderson. has filed suit
' against Mr. Hoffman, the developer of Canterbury Woods, in which suit the City of
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TIGARD PLANNING COMMISSION
September 4, 1979
Page 9
Tigard is also named. This suit is due for hearing in November. Howard also
stated Mrs. Anderson has applied for annexation of two tax lots next to Canterbury ?`
Woods.
In light of the attorney's letter, President Tepedino stressed the necessity
for the Commission to pay particular attention to the points there enumerated in
which it is claimed the Commission erred, which are all points in the Administrative
Procedures law. He pointed out particularly that we must state the findings on
which we base our decision. Without that, it is a defective decision. With respect
to the Canterbury Woods situation it was the consensus it has now passed beyond the
jurisdiction of the Planning Commission. Howard explained the planting of the trees
on the berm.
Selby reported there were only three public hearing items for the September
18th meeting, and therefore there could be some time spent on a study session that
evening.
The President adjourned the meeting at 11:25.
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STAFF REPORT
FINAL ACTION
September 28, 1979
Tigard Planning Director
I City of Tigard
12420 SW Main Street, Tigard, OR
Docket: Minor Land Partition MLP 19-79
Applicant: Mr. George L. Penrose Owner: Ms. Laura V. Klebe
12575 SW Main St. 30 No. Tomahawk
Tigard, OR 97223 Apache Junction, AR 85220
Application Date: August 28, 1979
Site Location: 11650 SW 90th, Tigard (Washington County Tax Map 1S1
35DD, Tax Lot 3700)
Request: To partition a .55 parcel into two sections of 15,500 and 10,375
square foot lots in a R-7 "Single Family Residential" zone.
I. Findings of Fact:
1. The site is zoned R-7 and is designated "Urban Low Density" on the
NPO #2 Plan.
s.4
2. The applicant is requesting a minor land partition in conformance with
Section 17.24 of the Tigard Municipal Code and the following NPO #2
plan policies.
. Policy #1 - Page 13, Dwellings per Gross Acre
. Policies #2 and 3, Page 13, Public Improvements
. Policy #6, Page 16, Character of Neighborhood.
3. There is a single family unit on the northwest corner of the site. On
the remaining area is a tool shed and vacant area which is overgrown with
grass and bushes. The overgrowth has become a nuisance and the City has
received complaints from the neighbor adjacent south of the subject site.
4. The surrounding land uses are single family residential to the north, south
and west. To the east are apartments.
5. There are no sensitive lands conditions on the subject site.
6. SW Lomita and SW 90th Street front the subject site on the north and
northwest. Both streets are city jurisdiction with the required 50
feet of right-of-way. However, SW 90th is in need of improvements due to
inadequate paving width of only 20 feet with no curbs or sidewalks.
SW Lomita is also substandard having only 30 feet of paving with curbs but
no sidewalk.
INK ■
STAFF REPORT
FINAL ACTION
September 28, 1979
Page 2
7. Sewer and water are now on the subject site with ample capacity for
additional units.
II. Conclusionary Findings:
1. SW 90th and SW Lomita are in need of improvements to local street standard.
2. The vacant area requires immediate cleanup to avoid fire hazard and
sight nuisance.
3. The partitioned lots have an excess of the required square footage per lot
for the underlying zone and meets all other elements of the Tigard
Municipal Code and the NPO #2 Plan Policies.
III. Final Action
The minor land partition request is granted subject to the following conditions:
1. That half street improvements be constructed along SW Lomita and SW
90th to local street standard prior to issuance of building permits.
2. No occupancy Permits shall be issued until all conditions have been sat-
isfied and approved by the Planning Director and final inspections have
been made by the Building Official.
3. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate department and changes are approved
by that department. Application for changes will be made in writing and
shall include applicable drawings, engineering specifications and other
details requested by the department. No construction shall take place in
these instances until after the changes have been approved. Any deviation
from this condition will result in the immediate posting of a stop work
order on the project or any portion of the project.
4. That the high grass and unkept shrubery be removed within 30 days
from October 3, 1979.
Written by: K ,� elby Reviewed by: die -ward
A/ciate Planner P a g Director
PUBLIC NOTICE
TIGARD PLANNING COMMISSION
ZPTEMBER 4, 1979 - 7:30 P.M.
' 'OWLER JUNIOR HIGH SCHOOL LECTURE ROOM
10865 SW WALNUT STREET, TIGARD
5. PUBLIC HEARINGS
5.1 ZONE .CHANGE ZC 13-78 and ZC 18-78 (Pick's Landing Planned Development) NPO #6
A request by Mr. Grimstad and Mr. Waymire for a change in specific land use on a
25 by 100 foot strip of land originally developed as a landscaped common area in the
41.33 acre site located at 9930 SW Durham Road (Wash. Co. Tax Map 2S1 14B, Tax Lots
300 and 400) .
5.2 ZONE CHANGE ZC 5-72 (Summerfield Planned Development) NPO #6
A requst by Tualatin Development Corporation for a major change to construct two
duplex units on a 1.98 acre parcel site located on SW Durham Road approximately four
hundred feet east of SW Alderbrook Drive (Wash. Co. Tax Map 2S1 11DC, Tax Lot 14200) .
5.3a ZONE CHANGE ZC 30-79 (Trademark Homes) NPO #5
A request by Tradmark Homes for a zone map amendment from City of Tigard C-P
"Commercial-Professional" to City of Tigard M-4 "Industrial Park" zone on a 2.76 acre
site at 7185 SW Sandburg Street (Wash. Co. Tax Map 2S1 1DC, TAX Lot 3700) .
I .3b CONDITIONAL USE CU 14-79 (Trademark Homes) NPO #5
A request by Trademark Homes to install a 6,000 gallon fuel tank in a M-4 "Industrial
Park" zone on a 2.76 acre site located at 7185 SW Sandburg Street (Wash. Co. Tax
Map 2S1 1DC, Tax Lot 3700) .
5.4 ZONE TEXT AMENDMENT ZOA 2-79 (City of Tigard)
A request by the City of Tigard to amend Chpater 18.12 General Provisions of the
Tigard Municipal Code with addition of section 18.12.120 to permit fuel tank
installations as a conditional use in all zones except residential.
5.5 CONDITIONAL USE CU 17-79 (Tiburon Co.) NPO #2
A request by the Tiburon Co. for a conditional use permit to construct a duplex unit
in a R-7 "Single Family Residneitla" zone on a .45 acre lot located at 11855 SW 91st
Avenue (Wash. Co. Tax Map 1S1 35DC, Tax Lot 2400).
•
5.6 CONDITIONAL USE CU 16-79 (Bill Burnham) NPO #1
A request by Mr. & Mrs. Billy Burnham for a Conditional Use permit to construct
three attached single family units in a R-7 "Single Family Residential" zone on a
portion of the 2.90 acre parcel located at 14235 SW 97th (WASH. Co. Tax Map 2S1 11BA,
Tax Lot 1000).
.7a CONDITIONAL USE CU 19-79 (Tom Stern) NPO #1
k
A request by Mr. Tom Stern for a conditional use permit to allow construction. of a
14,850 sq. ft. building for office, warehouse and outside storage use to operate •
a plumbing supplies business in a C-3M "Main Street Commercial" zone on a three acre
site at 9110 SW Burnham Street (Wash Co. Tax Map 2Sl 2AC, Tax Lot 200) .
PUBLIC NOTICE (cont.)
TIGARD PLANNING COMMISSION
MEMBER 4, 1979
5.7b MISCELLANEOUS M 9-79 (Tom Stern) NPO #1
A request by Mr. Tom Stern for a special use permit to fill 2100 cu. yards in the
flood plain portion of a three acre site at 9110 SW Burnham Street (Wash. Co.
Tax Map 2S1 2AC, Tax Lot 200).
5.8 CONDITIONA, USE CU 22-78 (Martin Eggert) NPO #2
A request by Mr. Martin Eggert to extend a conditional use permit granted on August 1, 1978
to construct a duplex unit in a R-7 "Single Family Residential" zone on a .41 acre
parcel at 11450 SW Greenburg Road (Wash. Co. Tax Map 1S1 35CA, Tax Lot 1500) .
TT Publish August 22 & 29, 1979
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STAFF REPORT
AGENDA 5.1
ikTIGARD PLANNING COMMISSION
September 4, 1979 - 7:30 PM
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard, Ore.
Docket: Zone change ZC 13-78 and 18-78 (Pick's Landing Planned Development)
Applicants: Mr. Grimstad and Mr. Waymire
Owners of the above named development and members of the Homeloaners
Association.
Application Date: July 16, 1979
Site Location: 9930 SW Durham Road (Wash. Co. TAx Map 2S1 14B, Tax Lots 300 & 400).
Request: For a change in specific land use on a 25 by 100 foot strip of land
originally planned as landscaped common area in the 41.33 acre parcel.
Previous Action: In December 1978, the Planning Commission approved the request
by the Applicants for a zone change PD "R-7" and General Plan.
General Statement: On July 17, 1979 the Planning Director requested under other
business that the Planning Commission confirm the approval of the request by the
applicants for the landuse change. The Planning Director feels that the applicants
who are the Homeowners Association members have the right to vote and change the
land use without a specific land use (major change) application. However, since the
action has been protested by a citizen who's only tie in this project is by family
name only, the item has been brought before the Planning Commission this time in
a formal manner.
I. Findings of Fact:
1. The applicant's are requesting a specific land use change in accordance
with Section 18.56.160 of the Tigard Municipal Code.
2. Exhibit "A" explains that the request and a verbal presentation by the
applicant representative will explain any further information.
II. Conclusionary Findings:
1. The request is in the legal and personal rights of the Homeowners Association.
2. The request will benefit the project and is in the best interest of the
future homeowners.
3. There are no adverse affects do to the change.
III. Staff Recommendation:
(: Staff recommends approval as requested.
Report prepared by: Ken '• , Assoc. City Planner
•
E-,
STAFF REPORT
AGENDA 5.3a
TIGARD PLANNING COMMISSION
September 4, 1979 - 7:30 PM
Fowler Junior High - Lecture Room
10865 SW Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 30-79 (Trademark Homes Re: CU 14-79)
Applicant: Trademark Homes Owner: Same
Mr. Larry Hill
8070 SW Hall Blvd.
Beaverton, Ore. 97005
Application Date: August 2, 1979
Site Location: 7185 SW Sandburg Street (Wash. Co. Tax Map 2S1 1DC, Tax Lot 3700).
Request: For a zone map amendment from City of_Tigard C-P "Commercial-Professional"
to City of Tigard M-4 "Industrial Park" zone on a 2.76 acre parcel.
I. Findings of Fact:
1. The site is designated on the NPO #5 Plan as M-4 "Industrial-Park".
2. The applicant is requesting zone change in accordance with the designated
land use of the Comprehensive Plan.
3. The applicant is presently constructing a 4,200 sq. ft. building on the
northwest portion of the site to operate office buildings. The use is
permitted in the present zoning and the designated M-4 zone.
4. The surrounding land use are industrial to the east and south. To the
west across SW 72nd are single family residential units. To the north is
vacant land designated as commercial-professional.
5. The site is adjacent to Sw 72nd. The street is City jurisdiction having i.
50 feet of right-of-way and two lanes of traffic. The NPO #5 Plan
designates SW 72nd as a collector street.
6. Sewer and water are available to the site.
II. Conclusionary Findings:
1. The zone change request is in keeping with the NPO #5 Plan and the sur-
rounding landuse.
2. SW 72nd is in need of improvement up to collector street standard .
III. Staff Recommendation:
Staff recommends approval subject to the following conditions:
1. That the applicant participate in the SW 72nd LID for improvement of the
street.
STAFF REPORT
AGENDA 5.3a
' TIGARD PLANNING COMMISSION
September 8, 1979 7:30 PM
Page 2
2. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate department and changes are approved
by that department. Application for changes will be made in writing and
shall include applicable drawings, engineering specifications and other
details requested by the department. No construction shall take place in
these instances until after the changes have been approved. Any deviation
from this condition will result in the immediate posting of a stop work
order on the project or any portion of the project.
Approved and Reviewed by: Ken Selby Assoc. Planner
ILL
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STAFF REPORT
AGENDA 5.3b
TIGARD PLANNING COMMISSION
September 4, 1979 - 7:30 PM
Fowler Junior High - Lecture Room K'
10865 SW Walnut Street, Tigard, Oregon ('
Docket: Conditional Use CU 14-79 (Ref. Zone change ZC 30-79)
Applicant: Trademark Homes Owner: Same Reviewed by: Selby
Attn: Mr. Larry Hill A soc. Planner
8070 SW Hall Blvd.
Beaverton, OR 97005
Application Date: June 6, 1979
Site Location: 7185 SW Sandburg Street (Wash. Co. TAx Map 251 1DC, Tax Lot 3700).
Request: For a conditional use permit to install a 6,000 gallon fuel tank in a
M-4 "Industrial Park" zone on a 2.76 acre parcel.
I. Findings of Fact:
1. The applicant is proposing to place a steel tank of 6,000 gallon capacity
within the parking lot of the subject parcel (see exhibit "A").
2. The request is a similar use/accordance with Section 18.52.020 of the Tigard
Code, subsections (1) and (13).
3. See Staff Report ZC 30-79 for discription of the subject parcel and the
surrounding land use.
II. Conclusionary Findings:
1. The proposed use is similar to those listed as conditional uses in the
M-4 zone.
2. The installation of a fuel tank will be placed in a safe location and will
be designed to operate without causing any negative impact to adjacent
properties.
III. Staff Recommendation:
Staff recommends approval subject to the following conditions:
1. That the installation of the fuel tank receive inspection and approval .
by the Fire Marshall and Building Department.
2. That the hours of operation be conducted within the hours of the business
being conducted on the parcel but not to exceed past 8:00 PM.
3. No changes will be made to approved plans or specifications unless formal ap- ,.
plication is made tothe 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 re-
quested by that department. No construction shall take place in these in-
stances until after the changes have been approved. Any deviation from this
condition will result in the immediate postin of a stop work order on the
project or any portionof the project.
MEMORANDUM
TO: Tigard Planning Commission
FROM: Ken Selby, Associate Plan r
SUBJECT: Agenda Item 5.4, Zone xt Amendment ZOA 2-79
DATE: September 4, 1979
Attached is a rough draft of the zone amendment to Section 18.12 of the Tigard
Municipal Code.
It is the recommendation of the staff that the Planning Commission approve
the request and recommend that the City legal Counsel writes a final draft
ordinance to be presented to the City Council for their ratification.
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CITY OF TIGARD, OREGON
ORDINANCE No. 79-_
AN ORDINANCE AMENDING CHAPTER 18.12 OF THE TIGARD MUNICIPAL CODE RELATING TO
FUEL TANK INSTALLATIONS AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 18.12 of the Tigard Municipal Code is amended in the following:
A. Section 18.12 is amended by the addition of the following
additional section: 18.12.120 fuel tank installations.
B. The following new section is added: To permit fuel tank
installations as a conditional use in all zones except
residential. The permit shall be subject to approval by the
Planning Commission with only accessory conditons deemed
necessary.
SECTION 2: This ordinance shall take effect on the 31st day following its
passage and signing.
PASSED: By the City Council by vote of all Council members present,
after being read two times by number and title only, this
,r
day of , 1979.
Recorder - City of Tigard
SIGNED: By the Mayor, this day of , 1979.
Mayor - City of Tigard
ORDINANCE NO. 79-
jj•
STAFF REPORT (:
AGENDA 5.5
IITIGARD PLANNING COMMISSION
September 4, 1979 - 7:30 PM
Fowler Junior High - Lecture Room k,
10865 SW Walnut Street - Tigard, Ore.
Docket: Conditional Use CU 17-79 (Ref: MLP 16-79)
Applicant: Tiburon Co. Owner: Mr. & Mrs. Henry
267 A. Avenue 11795 SW 91st
Lake Oswego, Ore. 97034 Tigard, Ore. 97227
Application Date: August 2, 1979
Site Location: 11855 SW 91st Avenue (Wash. Co. TAx Map 1S1, 35DC, Tax Lot 2400)
REquest: For a conditional sue permit to construct a duplex unit in a R-7
"Single Family Residential" zone on a .45 acre lot.
0
Previous Action: On July 11, 1979, the Tigard Planning Director approved a minor
land partition on this subject site with conditions. The action
created a 10,107 square foot lot on the western portion of the site
and a 9,673 square foot lot on the eastern portion which has a
single family unit on it (see exhibits "A" and "B").
I. Findings of Fact:
1. The site is designated "Urban Low Density" on the NPO #2 Plan and zoned
R-7 "Single Family REsidential."
2. The applicant is requesting the conditional use in accordance with Section
18.20.020 of the Tigard Municipal Code.
3. Applicable NPO #2 policies for duplex and single family residences.
"Streets" - Policy #2 (page 13)
"Other Services" - Policy #3 (page 13)
"Criteria for Duplex Units in a Single Family Zone" - Policy #7 (Page 16)
4. The subject site has an older single family unit on the east end and the
area for the duplex is vacant. The existing house is a rental.
5. To the north is a single family unit with a garage that is in need of
repair and paint. To the east are single family units. To the south are
the Villa la Paz Apartments. Their traffic circulation and general neigh-
borhood identity is contributed to the south end of their location.
Therefore, it does not affect the northern properties such as the subject .
site. To the west is a vacant lot which has been recently zoned and sub-
divided !;
as R-5 "Single Family" units by the applicant. ?'
6. Sewer and water are available along SW 91st with ample capacity to serve the
extended use.
I
STAFF REPORT
AGENDA 5.5
sk TIGARD PLANNING COMMISSION (
IIP September 4, 1979
Page 2
7. SW 91st Street will be the only access to the property. (i
II. Conclusionary findings:
1. Policy #7 permits duplexes in areas less desirable for single family.
Staff feels that this is a "judgement call" and therefore has no
opinion either way. However, considering the surrounding land uses
such as a rental house to the east, a building in need of repair and
a large apartment complex to the south. It is felt that the neighborhood
characteristic may not be adversely affected by an additional rental unit.
2. Adequate sewer and water are available.
3. The proposed lot sizes are to meet the required size.
III. Staff Recommendation
Staff recommends approval subject to the following conditions:
1. A direct connection shall be made to the public sewer in full compliance
with the rules and regulations of the Unified Sewer Agency and the
City Engineer.
2. That the applicant dedicate a five foot right-of-way along the frontage
of SW 91st with half street improvements to local street standard prior to
issuance of building permits.
3. That the applicant receive site design approval for site plan, landscape
(to provide buffer from single family residence), site drainage and
building materials and colors for the exterior.
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 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
these instances until after the changes have been approved. Any deviation
from this condition will result in the immediate posting of a stop work
order on the project or any portion of the project.
5. That five additional feet be added to the 15 foot vehicle and utility ease-
ment to the duplex lot from SW 91st with paving.
Approved and Reviewed by: Ken elby
Ass iate Planner
y
STAFF REPORT
AGENDA 5.6
TIGARD PLANNING COMMISSION 1
September. 4, 1979 - 7:30 PM
Fowler Junior High School - Lecture Room
10865 SW Walnut Street - Tigard, OR
DOCKET: Conditional Use CU 16-79 (Ref: ZC 7-79, CU 13-79)
APPLICANTS: Mr. & Mrs. Billy 0. Burnam OWNERS: Same
14235 SW 97th Ave 1
Tigard, OR 97223
SITE LOCATION: 14235 SW 97th Ave. (Wash. Co. Tax Map 2S1 11BA, Tax Lot 1000)
REQUEST: For a Conditional Use Permit to construct three single family attached units r'
(six living units) in a R-7 "Single Family Residential" zone on a 2.9 acre s;
parcel.
PREVIOUS ACTION: In April, 1979, this applicant along with four others received
zone change approval from County R-4 to City of Tigard R-7.
Area annexed to City on January, 1979. On July 17, 1979 the Plan-
ning Commission denied the applicant's request to construct three {
duplex units on the same parcel (see Exhibit "A") . [
FINDINGS OF FACT: l'
1. The site is zoned R-7 (7,5000 sq. ft. lots) and is designated "Urban Low
Density" on the NPO #6 Plan. This zone designation p ermits four single
family dwelling units per gross acre. Single family attached units are permitted
as a Conditional Use in an R-7 zone.
2. The applicant proposed to construct three single family attached units along the
east side of the subject site (see Exhibit "B") . This action is permissable
under Section 18.20.020 of the Tigard Municipal Code. The remaining 2.08 acres !1
will be divided into eight single family lots.
■
3. Applicable NPO #6 policies for duplex and single family residences:
"Streets"- Policy #3 (page 3) Collector Street Standards (Page 10) [
"Other Services" - Policy #4 (page 3) i
"Site and Nieghborhood Character" - Policy #6 (page 4) [.
NOTE: That the existing character of the neighborhood has no clustered or multi- 1`
family dwellings. Furthermore, the nature of the proposed housing type =':
is in question as to its ability to blend in with the established owner- 4'
r
occupied residence. ':'
4. The site has a single family unit on the southwestern corner, with open space
to the north and east. The site slopes from the southwest to the northeast
at an approximate ten percent (10%
grade. The surrounding properties consist
}
of single family units to the south, east and north (the houses to the south
are in the county) . To the west is Mr. Janzen's property. Mr. Janzen and the
applicants are designing their individual subdivision plats to co-ordinate the I
installation of sewer, streets and other public services.
K PK
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STAFF REPORT
AGENDA 5.6
TIGARD PLANNING COMMISSION
September 4, 1979
DU 16-79 (Billy 0. Burnam)
Page 2
5. Sewer service is proposed for this site. The line will extend from Mr.
Janzen's property along the street which extends out to 97th Ave.
There will be a pump at SW 97th Avenue. Water is presently available to the
site.
6. Traffic circulation to the site will be served by SW 97th Ave. and two in-
ternal streets. SW 97th Ave. is designated as a collector street on the
NPO #6 Plan. It is a county street and is in substandard condition with
inadequate paving, right-of-way width, and no curbs or sidewalks.
7. The two structures shown on lots nine and ten will be removed. The existing
house on lot eight will remain. (see attached plan)
II. CONCLUSIONARY FINDINGS:
1. There are presently no attached single family dwelling units in the surrounding
neighborhood. Therefore, approval of the request will have some effect on the
future dwelling type in this area. Staff has no comment on the question of
neighborhood character. This term and its interpretation is a judgement call
which the Planning Staff feels is the responsibility of the Planning Commission
ILto be determined as a representative hearing body for the community.
2. SW 97th Avenue is in need of an additional five feet of right-of-way and im-
provement to ,collector street standards.
3. Sanitary sewer service for this area will be installed as development occurs.
III. STAFF RECOMMENDATIONS:
Staff recommends approval of the proposal subject to the following conditions:
1. That sewer service be available to the site prior to issuance of building
permits.
2. That half street improvements be provided along SW 97th Ave. to collector
street standards with five feet of dedication. That the public works im-
provements be done or bonded prior to recording of the final plat.
3. That site and drainage plans be approved by the engineering and building
departments prior to issuance of building permits.
4. No occupancy of any structure shall take place until after final inspections
have been made and Occupancy Permits have been issued by the Building Official.
STAFF REPORT
AGENDA 5,6
TIGARD PLANNING COMMISSION
SEPTEMBER 4, 1979
CU 16-79 (Billy 0. Burnam)
Page 3
5. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate department and changes are approved .
by that department. Application for changes will be made in writing and shall
include applicable drawings, engineering specifications and other details
requested by that department. No construction shall take place in these
instances until after the changes have been approved. Any deviation from
this condition will result in the immediate posting of a stop work order on
the project or any portion of the project.
Report prepared by: Ke ' = .y
Ass/pate City Planner
STAFF REPOTT
AGENDA 5.7a
TIGARD PLANNING COMMISSION
gp
September 4, 1979 - 7:30 PM
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard, ORe.
Docket: Conditional Use CU 19-79 (Re: M 9-79 and M 9-74)
Applicant: Mr. Tom Stern Owner: Same
17270 SW Oakshield Ct.
Tigard, Or 97223
Application Date: August 7, 1979
Site Location: 9110 SW Burnham Street (Wash. Co. TAx Map 2S1 2AC, Tax Lot 200).
Request: For a conditional use to construct a 14,850 sq. ft. building for office,
warehouse, and outside storage use to operate a plumbing supplies business
in a C-3M "Main St. Commercial" zone on a three acre site.
I. Findings of Fact:
1. The site is zoned C-2M""Main Street Commercial" and is designated the same
in the NPO #1 Plan.
2. The applicant is requesting conditional use permits to operate a preliminary
supplies business in accordance with Section 18.30.020, subsections (1),
(24), and (32) of the Tigard Municipal Code.
3. The site slopes from the north to the south. The lot has an older single
family unit on the north end of the site. On May 12, 1976 the site was
approved for a fill permit. See attached staff report 5.7b for detail.
Two thirds of the site has been filled per approved fill permit. The
proposed building will be constructed outside of the re-established flood-
plain contour. The paved storage area will be in the floodplain area
from the 149.2 foot contour to the 146 foot. The applicant will dedicate
(free and simple title) the portion of the site south of the 146 foot
contour to the city per the greenway plan policy.
4. The surrounding land uses are industrial-commercial uses to the east and
north, to the west is a single family unit designated as a commercial
use on the NPO #1 Plan, to the south is Fanno Creek.
5. Traffic into the site will be served by SW Burnham Street which is a
City street and is in a substandard condition. It is designated as a
collector street. The required public right-of-way exists on the southern
half of the street.
6. Sewer and water are available with ample capacity to serve the project.
Ic
STAFF REPORT
AGENDA 5.7a
IITIGARD PLANNING COMM.
September 4, 1979 - 7:30 PM
Page 2
II. Conclusionary Findings:
1. The proposed use and building type are consistant with the designated
surrounding land uses and zoning for this area.
2. Half street improvements along SW Burnham to collector street standards
will be required.
3. A dedication of the land south of the 146 foot contour will be in keeping
with the Open Space Environmental Plan Policy.
4. The paved and fenced storage area south of the building is in keeping
with the conditional use permit, if the floofplain permit is allowed to
be continued.
5. The landscape, parking, loading ramps, building height, exterior materials
and colors must conform to the underlining zone and site design specifications.
III. Staff Recommendation:
itStaff recommends approval subject to the following conditions:
1. That the storage yard, fence and anyother permanent structure be prohibited
in the floodplain area unless the floodplain contour fill has been approved.
2. That half-street improvements to collector street standard be constructed
along SW Burnham frontage prior to issuance of building permits.
I
3. That site construction and drainage plans be approved by the building E
and Public Works Departments.
t
4. That the applicant dedicate with free and simple title to the City that F
portion of land south of the 146' contour prior to issuance of building 4
permit.
5. That the applicant submit landscape, irrigation, drainage, site plan,
parking, on site loading, traffic circulation, building height, signing
design with location, exterior materials and colors to the site design
planner for approval prior to issuance of building permits.
6. No changes will be made to approved plans or specifications unless formal i
application is made to the appropriate department and changes are approved
by that department. Application for changes will be made in writing and ii,
shall include applicable drawings, engineering specifications and other f
details requested by the department. No construction shall take place in
these instances until after the changes have been approved. Any deviation
from this condition will result in the immediate posting of a stop work order
on the project or any portion of the project.
Reviewed and Approved bf/ si
ri
Ken Selby, Assoc. Planner
STAFF REPORT !°I
AGENDA 5.7b
�° TIGARD PLANNING COMMISSION
� September 4, 1979 - 7:30 PM
Fowler Junior High - Lecture Room
10865 SW Walnut Street - Tigard, Ore.
Docket: Miscellaneous M 9-79 (Re: M 9-74 and CU 19-79)
Applicant: Mr. Tom Stern Owner: Same
17270 SW Oakshields Ct.
Tigard, OR 97223
Application Date: August 7, 1979
Site Location: 9110 SW Burnham Street (Wash. Co. Tax Map 2S1 2AC, Tax Lot 200).
Request : For a special use permit to fill 2100 cu. yards of dirt in the flood-
plain portion of a three acre parcel zoned C-3M "Main Street Commercial".
Previous Action: On May 12, 1976, the Tigard Planning Commission approved a flood
plain fill permit on the subject site to re-establish the
floodplain contour to provide for a buildable lot. Since that
date, two thirds of the area has been filled and the lot has
been sold toMr. Tom Stern (see Exhibit "A").
I. Findings of Fact:
1. The applicant is requesting permission to continue the execution of the
fill permit previously approved. The applicant is constructing the activity
to the a'exact specifications that were approved (see Exhibit "B") .
2. Exhibit "C" indicates the fill permit request with explanation as to type
of material, amount and location of the fill.
3. Section 18.57.040 of the Tigard Municipal Code (Sensitive Land Ordinance,
adopted May 21, 1979) permits the fill, excavation, paving and other
activities requested by the applicant if the Planning Commission approves
after determining the following:
a. No structure, fill, excavation, storage or other use shall be
permitted which alone or in combination with existing or
proposed uses would reduce the capacity of the floodplain area
or raise either the flood surface elevation or flow rates,
or adversely affect flow direction on upstream or downstream
properties, or create a present or foreseeable hazard to public
health, safety and general welfare.
b. The applicant must obtain the permit required by the State of Oregon
under ORS Chapter 541 for removal or filling of waterways, or demonstrate
that the provisions of this statute do not apply.
STAFF REPORT
AGENDA 5.7b
TIGARD PLANNING COMM.
September 4,1979 - 7:30 PM
Page 2
II. Conclusionary Findings:
1. The applicant and his engineer have demonstrated to the staff's satisfaction
that the floodplain capacity, flow rate or direction will not be altered
in a way so as to create any adverse condition up or downstream.
2. The applicant has not yet indicated that he has received the State of
Oregon permit to remove or fill in the waterways.
3. Since this request has been previously approved with no expiration date
with the fill activity continuance to the approved specifications and
the applicants conditional use is in keeping with the zoning. The staff
feels that a waiver by the Planning Commission to require the applicant to I
proceed through the lengthy Planned Development program is unnecessary.
4. Staff has observed that no significant change in the surrounding land
uses (up and downstream), or topography, to indicate possible adverse
impact if the request is granted.
Al III. Staff Recommendation:
WY
Staff recommends approval of the Special Use Permit subject to the following
conditions:
1. That the fill activity and alternation to the floodplain be completed within
sixty days of this approval or this permit will expire.
2. That the applicant receive state approval for the activity in the waterways
prior to any further work in the floodplain or issuance of building permit
on the parcel.
3. That the storage yard fence be constructed insuch a manner so as to pro-
hibit water flow across the floodplain area.
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 will be made in writing and
shall include applicable drawings, engineering specifications and other
details requested by the department. No construction shall take palce in
these instances until after the changes have been approved. Any deviation
from this condition will result in the immediate posting of a stop work
order on the project or any portion of the project.
5. That the applicant fulfill all the conditions placed on the approval of the
original fill permit (see exhibit "A" M 9-74) except number 7 and 9.
Reviewed and approved by: Ken elby
Associ to Planner
i
STAFF REPORT
AGENDA 5.8
p TIGARD PLANNING COMMISSION
September 4, 1979 - 7:30 PM
Fowler Junior High - Lecture Rm.
10865 SW Walnut Street, Tigard, Oregon
Docket: Conditional Use (Extension) CU 22-78 (Ref. ZC 20-78, MLP 11-78)
Applicant: Mr. Martin Eggert Owner: Same
7507 SE 28th
Portland, OR 97202
Application Date: August 13, 1979
Location: 11450 SW Greenburg Road (Wash. Co. Tax Map 1S1 35CA, Tax Lot 1500)
Request: To extend a conditional use permit granted by the Planning Commission
on August 1, 1978 to construct a duplex unit in a R-7 "Single Family
Residential" zone on a .40 acre site.
Previous Action: On August 1, 1979, the applicant received approval for a zone
change from County RU-4 to City of Tigard R-7 and a conditional
use to construct a duplex unit with conditions (see attached
on December 11, 1978, letter dated August 10, 1979). On December
11, 1978, the applicant's minor land partition was denied due to
incomplete application and his verbal consent.
I. Findings of Fact:
1. The site is designated "Urban Low Density" on the NPO #2 Plan and is zoned
R-7" Single Family Residential."
2. The applicant is requesting an extension for the duplex conditional use in
accordance with Section 18.72.030 of the Tigard Municipal Code (see attached
letter dated August 13, 1979).
3. Observation by the staff on August 28, 1979, indicates that no signifcant
changes of the land or surrounding area have taken place which might be
adversely affected if this request was granted.
4. The site is currently occupied by a single family residence and two
storage buildings. The lot is currently bounded by single family dwellings
on the N, E, S and W sides. To the SE Across Greenburg Road, the land is
designated Urban. Medium density and zoned A-2. The land to the West of the
lot is designated Urban Medium density in accord with NPO #2.
5. Water service is available to the site from the Metzger Water District's
6" line in Greenburg Road. The existing house is served by USA's 8"
sewer.
6. SW 97th Court is presently private drive with no right-of-way, but could
be useful in later redevelopment as an access road to the lot in question,
and neighboring parcels. Greenburg Road is designated as a "collector"
Street, requiring 60 ft. right-of-way minimum. Currently there is a 60'
right-of-way. At this point, Greenburg Road is in substandard condition, with
no curbs or sidewalks.
STAFF REPORT
AGENDA 5.8
TIGARD PLANNING COMMISSION
September 4, 1979 - 7:30 PM
Page 2
II. Conclusionary Findings:
1. The proposed duplex unit continues to be in keeping with the surrounding
character of the neighborhood and the NPO #2 Plan Policies.
2. SW Greenburg Road is in need of collector street standard improvements.
The future widening of 97th Court, creating it as a "T" intersection to
SW Greenburg Road will provide the traffic management necessary to alleviate
the hazard which exists with direct entry onto Greenburg Road due to the
excessive traffic volume.
III. Staff Recommendation
Staff recommends the extension of the conditional use for one year subject
to the following conditons.
1. That the applicant construct half street improvement to collector
Street standard along the frontage of SW Greenburg Road prior to
issuance of building permits.
2. That the applicant dedicate twelve feet of right-of-way to the City
along the eastern frontage of the parcel with paving to provide driveway
access onto SW Greenburg Road parallel to the existing 20' access on SW
97th Court.
3. That all units existing or to be constructed nn. the subject site utilize
the dedicated twelve foot road to enter onto SW Green-
burg Road. only.
4. That construction and drainage plans be approved by the building and
public works departments prior to issuance of building permits.
5. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project or
any portion of the project.
Reviewed by: Ken SJ10
Associ. Planner