Planning Commission Packet - 12/11/1979 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
AGENDA
TIGARD PLANNING COMMISSION
; December 11, 1979 - 7:30 p.m.
FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM
10865 SW Walnut Street - Tigard
1. Open Meeting:
2. Roll Call:
3. Approval Of Minutes From Previous Meeting(s) :
4. Planning Commission Communication:
5. Public Hearings:
A. Staff Report
B. Applicant's Presentation
C. Public Testimony
1. Proponent's
2. Opponent's
3. Cross-Examination
D. Staff Recommendations
E. Commission Discussion & Action
5.1 MINOR LAND PARTITION MLP 19-79 (George L. Penrose)
5.2 ZONE CHANGE ZC 33-79 (Jim Kosta)
5.3 ZONE CHANGE ZC 34-79 (Cundari Development)
5.4 ZONE CHANGE ZC 35-79 (Cundari Development)
5.5 CONDITIONAL USE CU 26-79 (U-Haul Company of Oregon)
5.6 ZONE ORDINANCE AMENDMENT ZOA 5-79 (City of Tigard)
5.7 ZONE ORDINANCE AMENDMENT ZOA 6-79 (City of Tigard)
5.8 ZONE ORDINANCE AMENDMENT ZOA 7-79 (City of Tigard)
6. Old Business:
A
7. New Business:
8. Other. Business:
9. Adjournment:
1111V7' '
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PUBLIC NOTICE
TIGARD PLANNING COMMISSION
December 11, 1979 - 7:30 p.m.
FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM
10865 SW Walnut Street - Tigard
5. PUBLIC HEARINGS
5.1 MINOR LAND PARTITION MLP 19-79 (George L. Penrose) NPO #2
A request by Mr. George L. Penrose to appeal Condition(s) placed upon
the approval of the Minor Land Partition Request by the Planning Director
on a .55 acre parcel in a R-7 "Single-Family Residential" Zone located
at 11650 SW 90th (Wash. Co. Tax Map 1S1 35DD, Tax Lot 3700) .
5.2 ZONE CHANGE ZC 33-79 (Jim Kosta) NPO #1
A request by Mr. Jim Kosta for a zone change from City of Tigard R-7
"Single-Family Residential" Zone to City of Tigard R-7PD "Single-Family
Residential, Planned Development" Zone on a .61 acre parcel located at
13895 SW 104th (Wash. Co. Tax Map 2S1 2CC, Tax Map 3101) .
5.3 ZONE CHANGE ZC 34-79 (Cundari Development) NPO #4
A request by Cundari Development for a zone change from Washington County
RU-4 "Single-Family Residential" Zone to City of Tigard C-P "Commercial-
Professional" Zone on a .80 acre site located north of Hampton, between
66th and 67th (Wash. Co. Tax Map 2S1 lAD, Tax Lot 300, 500 and part of 600) .
5.4 ZONE CHANGE ZC 35-79 (Cundari Development) NPO #5
A request by Cundari Development for a zone change from Washington County
RU-4 "Single-Family Residential" Zone to City of Tigard C-P "Commercial-
Professional" Zone on a .47 acre site located adjacent north of Varns,
south of Highway 217, approximately 400 feet east of 72nd Avenue (Wash.
Co. Tax Map 2S1 1DA, Tax Lot 800) .
5.5 CONDITIONAL USE CU 26-79 (U-Haul Company of Oregon) NPO #4
A request by U-Haul Company of Oregon for a Conditional Use to change the
Use of an existing building from a Marine Sales and Repair facility to a
U-Haul Moving Center on a 3.51 acre parcel in a C-3 "General Commercial"
Zone located at 11552 SW Pacific Highway (Wash. Co. Tax Map 1S1 36DA,
Tax Lot 900) .
5.6 ZONE ORDINANCE AMENDMENT ZOA 5-79 (City of Tigard)
A request by the City of Tigard for an amendment to Chapter 18.36 from
C-5 "Limited Neighborhood Commercial" to C-5 "Highway Commercial".
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PUBLIC NOTICE
TIGARD PLANNING COMMISSION
December 11, 1979 - 7:30 p.m.
Page 2
5.7 ZONE ORDINANCE AMENDMENT ZOA 6-79 (City of Tigard)
A request by the City of Tigard for an amendment to Chapter 18.44 from
M-2 "General Industrial" to M-2 "Heavy Industrial".
5.8 ZONE ORDINANCE AMENDMENT ZOA 7-79 (City of Tigard)
A request by the City of Tigard for a Conditional Use Permit to allow
mini-warehouse storage in a C-3 Zone, Chapter 18.28 and a C-5 Zone,
Chapter 18.36.
TT Publish November 28 and November 30, 1979
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MINUTES
TIGARD PLANNING COMMISSION
December 11, 1979 - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 S. W. Walnut St. - Tigard, Oregon
President Tepedino OPENED the meeting at 7:35.
ROLL CALL:
Present: Bonn, Funk, Helmer, Herron, Kolleas, Popp, Speaker, Tepedino
Absent: Smith
Staff: Selby
There were no MINUTES of the previous meeting submitted for approval.
No COMMUNICATIONS to the Planning Commission were reported by
Staff or Commissioners.
The President opened the PUBLIC HEARINGS portion of the meeting
by reading the usual notice of authority for and the procedure to
be followed in the meeting.
5.1 MINOR LAND PARTITION MLP 19-79 (George L. Penrose) NPO #2
A request by Mr. George L. Penrose to appeal Condition(s)
(. placed upon the approval of the Minor Land Partition
Request by the Planning Director on a 0.55 acre parcel in
a R-7 "Single-Family Residential" Zone located at 11650
SW 90th (Wash. Co. Tax Map 1S1 35DD, Tax Lot 3700).
Selby read the STAFF REPORT and RECOMMENDATIONS.
APPLICANT'S PRESENTATION: George L. Penrose spoke as agent for
the owner, Ms. Laura Klebe. He explained the 50-foot lot created
by the Minor Land Partition fronts on S.W. Lomita, which has pavement
and curbs (but no sidewalks). He asserted the requirement that
improvements required for the partitioned portion as well as the
basic lot, with a much larger frontage on S.W. 90th, made it imprac-
tical to try to do anything with the partitioned lot. He quoted one
engineer's estimate of $16,000 for the improvements mandated by Condition
No. 1 imposed by the Planning Director in approving this MLP. He did
not object to providing the stated improvements for the 50-foot lot
created, but objected strenuously to the provision of these improvements
on the whole parcel.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Popp inquired the condition of
the two streets. Penrose responded that Lomita has 32 feet of paving
between curbs, with no sidewalks, from 90th to the point it deadends.
stir Ninetieth has neither curbs nor sidewalks. Bonn asked the length of the
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MINUTES
TIGARD PLANNING COMMISSION
December 11, 1979
Page 2
46
cccccc frontage on 90th. It is 155 feet, according to Penrose. Funk inquired
the location of the house on the corner lot. (It is approximately in
the center of the lot.) He disapproved of requiring sidewalks on Lomita,
feeling it would be an isolated segment, considering the full develop-
ment of the street, leading to deterioration rather than use.
Selby presented the position of the City Council regarding street
improvements. He offered to propose (without recommending it) a
nonremonstrance alternative if the Commission felt this would be a
more desirable condition.
Speaker inquired how the applicant was hurt, since the improvements
need be put in only prior to issuance of building permits, and no
building apparently is presently contemplated. Mr. Penrose explained
the created lot would be virtually unmarketable if its development were
contingent on $16,000 of street improvements, since he stated there
would not be added value to the basic lot by reason of the improvements
on 90th.
At the request of the President, Selby suggested wording for an
alternative as follows:
"That the owners of each lot sign a nonremonstrance
agreement and create a LID for the improvements on SW 90th
and Lomita:."
It was pointed out that this changes the timing of the improvements.
The President commented on the effect of an exception on future similar
requests.
Popp objected to the piecemeal effect of the improvements as
required, and favored the LID approach. Accordingly he MOVED approval
of the appeal with the condition (1) the owner sign a nonremonstrance
LID agreement in lieu of providing the required street improvements,
and (2) that all other conditions as set forth by Staff in the Minor
Land Partition be adhered to. The motion was seconded by Funk. In
discussion on the motion, it was established the neighborhood is pretty
well developed, and unless traffic increases along 90th there may not
be a very strongly felt need for sidewalks and other improvements.
On a question by Speaker it was established that the property owner who
has already put in improvements is not subject to assessment by an
LID covering those improvements he has already provided. Funk inquired
whether the area contained large lots which might be expected to be
developed more intensely by partitioning in the future. Mr. Penrose
stated Lomita is composed mostly of small lots, now fully developed,
but that 90th does have some larger lots. However, he pointed out the
location of the buildings on these large lots is such that partitioning
in order to intensify development would be impractical. Only if lots
MINUTES
TIGARD PLANNING COMMISSION
December 11, 1979
fit. Page 3
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of 5,000 square feet were permitted on 90th would there be a possibility
for further development. Staff submitted as a possibility, based on
inquiries made to his office, the, adding to a
present structure in order, for instance, to provide a duplex and thus
generate income for the owner of the large lot. At that time street
improvements would be required to accommodate increased density. After
some further discussion the motion failed, 6 to 2.
Speaker thereupon MOVED approval of the Staff Recommendation for
denial of the appeal on MLP 19-79, based on Staff Findings. Bonn seconded
the motion, which passed 6 to 2, with Popp and Funk voting no.
5.2 CONDITIONAL USE CU 27-79 (Jim Kosta, Ref. CU 34-78 -
GC 33-79 - Withdrawn) NPO #1
For a Conditional Use Permit to construct three (3)
attached single family units on a 0.61 acre parcel zoned
R-7 "Single Family Residential".
Selby read the STAFF REPORT and RECOMMENDATIONS.
APPLICANT'S PRESENTATION: Terry Sandblast, representing Jim Kosta,
. owner, stated this request is essentially similar to an approval for
six apartment units given by the Commission on December 5, 1978. This
time they desire approval of Conditional Use (since this has been deemed
to be the appropriate mechanism) for three attached single-family units
or townhouses on the parcel. He requested a change in the timing of the
construction of street. improvements to date of final inspection because
of the necessity of describing precisely the width of the lots as
actually determined by the common walls of the buildings. He felt the
subcontractors could not be relied upon to construct foundations
accurately enough to assure minimum lot sizes, etc. , without adjustments
occasioned by foundations as actually poured.
There was no PUBLIC TESTIMONY.
CROSS EXAMINATION AND REBUTTAL: Selby explained the requirements
of the law with respect to street improvements. The Attorney General
has ruled that either street construction, or a bond assuring construc-
tion of streets, must be supplied prior to issuance of building permits.
Funk inquired about minimum lot size. Selby explained the common
areas would be eliminated in a revised plat, which would assure legal
lot size. (The common ar•e4s were planned when it was thought the
development would be a Planned Unit Development. However the land area
is insufficient to qualify as a PD, hence the change to a Conditional
Use request and elimination of the common areas.) Further discussion
indicated a bond would be satisfactory both to the City and the applicant.
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• MINUTES
TIGARD PLANNING COMMISSION
December 11, 1979
Page 4
COMMISSION ACTION: Speaker MOVED approval of CU 27-79 based on
Staff Findings and Recommendations, with the addition to Staff Recommenda-
tion 1 of a provision permitting submission and acceptance of a per-
formance bond for the street improvements prior to issuance of building
permits. Kolleas seconded the motion, which carried unanimously.
5.3 ZONE CHANGE ZC 34-79 (Cundari Development) NPO #4
A request by Cundari Development for a zone change from
Washington County RU-4 "Single-Family Residential" Zone to
City of Tigard C-P "Commercial-Professional" Zone on a
0.80 acre site located north of Hampton, between 66th and
67th (Wash. Co. Tax Map 2S1 lAD, Tax Lot 300, 500 and part
of 600).
Selby read the STAFF REPORT and RECOMMENDATIONS.
APPLICANT'S PRESENTATION: William Baker, representing Jerry Cundari,
• owner, inquired the location of available storm sewer in the area.
He stated the existing house on the property will be razed.
There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Speaker questioned Staff Recom-
mendation 2. Selby explained common side wall and separate sewer
'ho.okup problems unless the lots were consolidated. Speaker inquired
about the 20-day appeal period provision in Recommendation 8. This
was explained by Selby and clarified further in Commission discussion.
Popp inquired whether this parcel is in the conversion unit area.
Selby offered a map of the six conversion areas, none of which embrace
the applicant's parcel.
Speaker MOVED approval of Zone Change ZC 34-79 based on Staff
Findings and Recommendations. The motion was seconded by Helmer and
carried unanimously.
5.4 ZONE CHANGE ZC 35-79 (Cundari Development) NPO #5
A request by Cundari Development for a zone change
from Washington County RU-4 "Single-Family Residential"
Zone to City of Tigard C-P "Commercial-Professional" Zone
on a 0.47 acre site located adjacent north of Varns, south
of Highway 217, approximately 400 feet east of 72nd Avenue
(Wash. Co. Tax Map 2S1 1DA, Tax Lot 800).
Selby read the STAFF REPORT and RECOMMENDATIONS.
MINUTES
TIGARD PLANNING COMMISSION
December 11, 1979
Page 5
APPLICANT'S PRESENTATION: William Baker, representing Cundari
Development, stated there were no rob e
p 1 ms with the Staff Recommendations.
Jerry Cundari, of the owners of the property, stated that S.W. Varns
Street has been improved to the applicable standards.
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There was no PUBLIC TESTIMONY.
COMMISSION DISCUSSION AND ACTION: Popp raised the question of the
effect, if any, of the proposed interchange to be constructed at 72nd,
A map was produced which showed this parcel to be outside the area
immediately affected by the interchange.
Bonn MOVED approval of Zone Change ZC 35.79 based on Staff Findings
and Recommendations. Helmer seconded the motion, which carried unani-
mously.
Staff reported ITEM has been withdrawn and will be heard on
January 8.
At 8:50 the President declared a five-minute recess.
5.6 ZONE ORDINANCE AMENDMENT ,OA 5-79 (City of Tigard)
_ A request by the City of Tigard for amendments to
Chapter 18.36 to change the subject title name from
"Limited Commercial" (C-5) to "Highway Commercial" (C-5);
and to add a conditional use for "Mini-Warehouse storage
facilities".
Selby read a memo transmitting the proposed revision of Chapter 18.36
together with the proposed ordinance. He amended the proposed 18.36.020
(1) to read: "Mini-Warehouse storage facilities and Office-Warehouse."
This requires the renumbering of present Sections 18.36.020 - 18.36.050
to 18.36.030 - 18.36.060 respectively.
Selby explained the conditions which make this Zone Amendment
desirable. There followed a general discussion of the mini-warehouse
concept, history in Tigard, and development of small light industrial
uses in them; the lesser traffic generated as compared to most commercial
uses on the highway; whether reduction of commercial locations on the
highway is desirable, and where commercial zoning might be enlarged;
and the economics of mini-warehouse use vs. commercial use as related
to the price of land.
There w}s no PUBLIC TESTIMONY offered for any of the three Zone
Amendments op the agenda.
l
Popp MOVED that we forward this amendment as amended by Staff to the
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MINUTES
TIGARD PLANNING COMMISSION
December 11, 1979
Page .6 '.
City Council for adoption with a do-pass recommendation. Helmer seconded
the motion, which passed unanimously.
5.7 ZONE ORDINANCE AMENDMENT ZOA 6-79 (City of Tigard)
A request by the City of Tigard for a Conditional
Use Permit to allow mini-warehouse storage in a General
Commercial Zone (C-3) , Chapter 18.28.
Selby explained the desirability of this amendment in order to bring
consistency with various other provisions in TMC. He asked the addition
of "and Office-Warehouse" to the subparagraph (23) proposed.
Popp‘MOVED that we forward this amendment as amended by Staff to
the City Council for adoption with a do-pass recommendation. The
motion was seconded by Helmer and passed unanimously.
5.8 ZONE ORDINANCE AMENDMENT. ZOA 7-?9 (City of Tigard)
A request by the City of Tigard for an amendment to
Chapter 18.44 from M-2 "General Industrial" to M-2 "Heavy
Industrial".
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Selby explained this change was requested by NPO #5, the only NPO
having this type of land use.
Popp MOVED that we forward this amendment to the City Council for
adoption with a do-pass recommendation. Helmer seconded the motion,
which passed unanimously.
There was no OLD BUSINESS or NEW BUSINESS to come before the meeting.
Under OTHER BUSINESS Tepedino brought up his previous request that
USA comply with provisions of the sensitive lands ordinance when doing
work in sensitive lands. Selby agreed to write a memo on the subject
in order to get a letter from the appropriate City office to USA to
the effect that henceforth they would be expected to comply with the
provisions of the sensitive lands ordinance.
Popp requested of Staff a list of Planning Commission members
for use by the Commissioners. Selby agreed to supply such a list.
Staff announced there would be only one meeting in January consisting
of eight agenda items.
On motion the meeting Was .adjourned at 9:25.
"PLANNING COMMISSION SIGN—UP SHEET"
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE
APPROPRIATE SIGN—UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS
DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON
INDICATED ITEM(S) .
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NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE
APPROPRIATE SIGN-UP SHEET:(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS
DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON
INDICATED ITEM(S) .
AGENDA ITEM: S 4./ REFERENCE: / z DATE: J 2/11/ 9
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STAFF REPORT
AGENDA 5.1
TIGARD PLANNING COMMISSION
December 11, 1979 - 7:30 p.m.
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard
DOCKET: Minor Land Partition MLP 19-79 Appeal (George L. Penrose)
APPLICANT: Mr. George Penrose Owner: Ms. Laura Klebe
12575 SW Main Street 11650 SW 90th
Tigard, OR 97223 Tigard, OR 97223
APPLICATION
DATE: October 18, 1979 (Date of registered appeal)
SITE
LOCATION: 11650 SW 90th (Wash. Co. Tax Map 1S1 35DD, Tax Lot 3700)
REQUEST: To appeal a condition placed upon the approval of a minor
land partition by the Planning Director on a .55 acre parcel
in a R-7 "Single-Family Residential" zone.
PREVIOUS ACTION:
On September 28, 1979, the Planning Director approved the Minor Land Partition
request with conditions. (See Exhibit "A" and Site Plan Exhibit "B")
I. FINDINGS OF FACT:
1. The site is zoned and designated "Urban Low Density" R-7 on the NPO #2
Plan.
2. The applicant is appealing Condition Number 1 of the Minor Land
Partition approval. (See Exhibit "C")
3. On October 11, 1979, the applicant met with the Planning Staff to
discuss the purpose of the Condition (number 1) and requested that
it be amended. The Planning Director and Associate stated to Mr.
Penrose that the Condition is following the policy of the City Council
which requires half-street improvements when land development occurs.
4. On October 18, 1979, Mr. Penrose met with the Public Works Director
and the Associate Planner to receive the Public Works Director's
opinion.
5. Mr. Currie, Public Works Director, stated that additional improvements to
local street standards should be constructed consistent with the 32 foot
improvements' on'SW Lomita and the improvements on SW. 90th local street (;
standards.
After the meeting, Mr. Penrose decided to appeal this matter of required '
street improvements to the Planning Commission.
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STAFF REPORT
AGENDA 5.1 (MLP 19-79)
TIGARD PLANNING COMMISSION >
December 11, 1979 {`
Page 2
II. CONCLUSIONARY FINDINGS:
1. The Condition that half-street improvements be constructed along j '
SW Lomita and SW 90th to local street standards is in keeping with the
Policies of 2 and 3 of the NPO #2 Plan and that of the City Council.
2. This request is a standard action placed on all buildable sites.
3. There have been circumstances where half-street improvements were
found not to be advisable due to public safety, etc. , and therefore,
the requirement was changed. However, in this case, the Planning
Staff nor the Public Works Directorhave found any justifiable
reason to alter the Condition other than as stated by Mr. Currie on
October 18, 1979.
III. STAFF RECOMMENDATION:
Staff recommends that the appeal be denied and that Condition Number 1 be
modified to read: •
1. That half-street improvements be constructed along SW Lomita and
SW 90th to local street standards to the approval of the Public �.
Works Director prior to issuance of Building Permits.
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Prepared by Ken S Approved by A1• 'e . d
Assoc.=,e City Planner Plann ► • P rector
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STAFF REPORT
AGENDA 5 .2
TIGARD PLANNING COMMISSION
December 11, 1979 - 7 : 30 p .m.
Fowler Junior High - Lecture Room
10865 SW Walnut Street , Tigard
DOCKET: CONDITIONAL USE CU 27-79, (Jim Kosta, Ref . CU 34-78 -
ZC 33-79-Withdrawn)
APPLICANT: Mr . Jim Kosta OWNER: Same
6131 SE Milwaukie
Portland, Oregon 97202
APPLICATION
DATE : October 18, 1979
LOCATION
SITE : 13895 SW 104th (Wash. Co . Tax Map 2S1 2CC, Tax Lot 3101)
REQUEST: For a Conditional Use Permit to construct three (3)
attached single family units on a .61 acre parcel
zoned R-7 "Single Family Residential" .
PREVIOUS ACTION:
On December 5, 1979, the Planning Commission approved a Conditional
Use for duplexes by the applicant with conditions.. (See Exhibit "A")
GENERAL STATEMENT:
This item was announced in the Public Notice as a request to amend
the zone from R-7 to R-7PD. Since that date , it has been found that
the request is appropriate as a Conditional Use under Section
18 .20.020 (1) of the Tigard Municipal Code .
I . FINDINGS OF FACT:
1. The site is zoned and designated "Urban Low Density" R-7 on the
NPO #1 Plan. t
2. Section 18.20 .020 (1) of the Tigard Municipal Code
permits
"Duplex Residential , with a minimum lot of 10,000 square feet :
One (1) duplex per lot or two (2) single family attached units with a ''
minimum lot area of 5,000 square feet per unit ." In the event
it appears that it is not practical to divide a legal lot into
two (2) lots of 5,000 square feet each, the planning director ':
may approve the division notwithstanding the fact that one (1)
lot is less than 5, 000 square feet , provided, however, that no
such lot shall be smaller than 4 , 250 square feet . j:
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STAFF REPORT
AGENDA 5. 2/CU 27-79
fit TIGARD PLANNING COMMISSION
December 11, 1979
Page 2
3. The applicable policy from the Tigard Housing Text is the following:
Policy 15: Provide greater diversity of housing density (e .g. ,
duplexes, four plex, attached single family units, etc. )
4. The site is arelatively flat, vacant parcel surrounded by a vacant
parcel zoned R-7 to the north, eastward across S .W. 104th is a
single family dwelling and vacant land, southward there is a
single family dwelling adjacent to the site while southward
across S .W. McDonald Street there is a large apartment complex,
westward there is commercial development that has frontage on
S.W. Pacific Highway . Immediately west adjacent to the site
is a tire warehouse and retail store .
5 . The applicant is proposing to construct three duplex units
meeting all code requirements for setbacks, building heights,
lot coverage, and lot size with allowable amount of units per acre .
6. Sewer and water services are available off S .W. McDonald and
S .W. 104th.
7. S .W. 104th is designated in the NPO #1 Plan as a local collector
street requiring fifty _(50) feet of right-of-way with thirtyfour
( 34) feet of paving. It is a county street .
8. The location of the units are adjacent to an existing commercial
use along the west side of the proposed development that will
provide a transitional land use between the single family
residents to the east and the single family properties to the
south . The same buffering effect would be provided along the
northern portion of the site .
II . CONCLUSIONARY FINDINGS :
1. This request conforms to the density limitations of the R-7
zone (Single Family Residential) and Urban Low Density Residential
designation of the NPO #1 Plan.
2 . The units will provide a buffer between single family homes and
the property to the west .
3. There is an identified public need to provide a diversity of
housing types within the community, according to policies set out
in the Housing Plan.
4 . S .W. 104th has the adequate right-of-way width, however, street
improvements are necessary .
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STAFF REPORT
AGENDA 5. 2/CU 27-79
All TIGARD PLANNING COMMISSION
December 11, 1979
Page 3 a
III . STAFF RECOMMENDATIONS :
S
Staff recommends approval of the attached single family Conditional "`
Use subject to the following conditions :
t
1. That the owner construct full street improvement on S .W. 104th
to local street standards from the southeastern corner of the
s
site north to the intersection of Hiliview Street prior to issuance
of Building Permits . !a
2. That the required construction and drainage plans be submitted ,{
and approved with the necessary bond agreements to the Engineering le
and Building Departments prior to issuance of Building Permits . ,'
3. That the landscape areas be bonded and receive site design approval .
,i
4. No Occupancy Permits shall be issued until all conditions placed
upon this development by the City of Tigard have been satisfied ,
and inspections verifying this have been carried out by the f
appropriate department . x
5 . No changes will be made to approved plans or specifications k'
unless formal application is made to the appropriate City depart-
ment and changes are approved by that department . Application
for changes will be made in writing and shall include applicable
drawings .
6. Public water service and sanitary service shall be installed ,F'
to this site prior to the issuance of a Building Permit .
f
7. All existing or proposed utilities shall be placed underground.
s shall be approved by Street lighting installations pp y the Public C
Works Director. r'
8. That a preliminary subdivision plat be approved prior to issuance
of Building Permits
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Prepared by Ken S. , y, Approved by Alkie /
. oward,
AssoO ate City Planner Pla l g Director
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STAFF REPORT
AGENDA 5.4 ---
TIGARD PLANNING COMMISSION
December 5, 1978 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon •
Docket: Conditional Use CU 34-78 (j
Request: To construct three duplexes in a R-7 "Single Family Residential" zone _.
on a .61 acre parcel.
Location: 13895 S.W. 104th (Wash. Co. Tax Map 2S1 2CC, Tax Lot 3101) .
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Applicant: Jim Kosta
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I. Findings of Fact: •
1. The site is designated "Urban Low Density Residential" on the NPO #1 Yi
Plan and is presently zoned R-7 "Single Family Residential."
2. Section 18.20.020(1) of the Tigard Municipal Code permits "Duplex
Residential, with a minimum lot of 10,000 square feet: one duplex
per lot or two single family attached units with a minimum lot area
of 5,000 square feet per unit." In the event it appears that it is
not practical to divide a legal lot into two lots of 5,000 square
feet each, the planning director may approve the division notwith- �f
standing the fact that one lot is less than 5,000 square feet,
provided, however, that no such lot shall be smaller than 4,250 square
feet.
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3. The applicable policy from the Tigard Housing text is the following:
Policy 15: Provide greater diversity of housing density (e.g. , duplexes,
four-plex, attached single family units, etc.) .
4. The site is relatively flat, vacant parcel surrounded by a vacant
parcel zoned R-7 to the north, eastward across S.W. 104th is a single
family dwelling and vacant land, southward there is a single family
dwelling adjacent to the site while southward across S.W. McDonald ''
Street there is a large apartment complex, westward there is commercial.
development that has frontage on S.W. Pacific Highway. Immediately
west adjacent to the site is a tire warehouse and retail store.
5. The applicant is proposing to construct three duplex units meeting
all code requirements for setbacks, building heights, lot coverage,
and lot size with allowable amount of units per acre.
6. Sewer and water services are available off McDonald and S.W. 104th
7. Southwest 104th is designated in the NPO #1 Plan as a local collector • r
street requiring 50 feet of right-of-way with 34 feet of paving.
8. The location of duplexes is adjacent to an existing commercial use along !'
the west side of the proposed development that will provide a
transitional land use between the single family residents to the east lea
and the single family properties to the south. The same buffering
effect would be provided along the northern portion of the site.
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'` STAFF REPORT k •
eiA AGENDA 5,4
TIGARD PLANNING COMMISSION
December 5, 1978 - 7:30 P.M.
lir Page 2
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II Conclusionary Findings:
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1. This request conforms to the density limitations of the R-7 zone
(Single Family Residential) and Urban Low Density Residential •
. designation of the NPO 1 Plan.
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2. The duplexes will provide a buffer between single family homes
and the property to the west.
3. There is an identified public need to provide a diversity of housing
types within the community, according to policies set out in the
Housing Plan.
4. Southwest 104th has the adequate right-of-way width, however, street
improvements are necessary.
III. Staff Recommendations:
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Staff recommends approval subject to the following conditions:
1. That the applicant construct full street improvement on S.W. 104th to
City Local Street Standard from S.W. McDonald to the northern portion
of the subject property prior to issuance of building permits.
2. That the required construction and drainage plans he submitted and
approved with the necessary bond agreements to the Engineering and
• Building Departments prior to final building inspection approval.
3. That two ingress/egress accesses be provided on the site; one on
. the south as shown and one to the north. i
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STAFF REPORT
AGENDA 5.3 ,
Ilt TIGARD PLANNING COMMISSION f
December 11, 1979 - 7:30 p.m. iff
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Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard 1
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DOCKET: ZONE CHANGE ZC 34-79 (Cundari Development)
k APPLICANT: Mr. Jerry Cundari OWNER: Same
222 SW Harrison, Suite GA 8
Portland, Oregon 97201 r
APPLICATION
DATE: October 19, 1979
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SITE
LOCATION: North side of SW Hampton between SW 66th and SW 67th (Wash Co. ;
Tax Map 2S1 lAD, Tax Lots 300, 500 and part of 600)
REQUEST: For a zone map amendment from Washington County RU-4 "Single
Family Residential" zone to City of Tigard C-P "Commercial Professional"
zone on a .80 acre parcel.
I. FINDINGS OF FACT:
1. The site is zoned RU-4 and is designated "Commercial Professional"
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C-P on the NPO # 4 Plan.
2. The zone change request is in compliance with the Comprehensive Plan
designation of Commercial Professional. The following policies
of NPO #4 are applicable:
Policy #25, Page 9 "Minimum Commercial Professional Lot Size"
Policy #27, Page 10 "Site Development Requirements"
Policy #28, Page 11 "Public Facilities Services improvements:
3. The applicant proposes to construct a 21,000 square foot office complex
in combination with the 10,000 square foot lot (tax map 2S1 lAD, Tax
Lot 400) adjacent west of Tax Lot 300 which brings the total commercial
office site to one acre.
4. The subject site has an existing house on the northwest corner of Tax
Lot 500 with some significant vegetation throughout the site. The parcel
slopes gently from southwest to northeast. There is a wetlands scotndition
on the southwestern corner of the parcel. Therefore, a prop
drainage plan to a public storm sewer will be required prior to building
construction.
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5. The surrounding land uses consist of the State Highway
aI-S toSteaeastn;
across SW 66th;, the Lamb Weston building to
single family residences to the north and west across SW 67th. All of the
surrounding parcels are designated "Commercial Professional" on the NPO # 4
Plan.
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STAFF REPORT
AGENDA 5.3/ZC 34-79
TIGARD PLANNING COMMISSION
>' December 11, 1979
Page 2
6. SW Hampton is designated as a collector street on the NPO #4 Plan.
There is presently the required 60 feet of right-of-way with approximately
thirty feet of paving and curbs or sidewalks.
7. SW 66th and SW 67th are designated as local streets on the NPO #4 Plan
and are presently in substandard condition having no curbs or sidewalks
and only thirty feet of paving. All streets are City jurisdiction.
8. Sanitary sewer is available to the site off the corner of SW Hampton and
SW 68th. Water is presently on site.
II. CONCLUSIONARY FINDINGS:
1. The zone change is in conformance with the land use designation in this
• area and the plan meets the one acre parcel requirement of Policy #25
• . of the NPO #4 Plan.
2. The wetlands condition on a portion of the site will require proper
drainage when construction occurs.
3. Site drainage, landscaping, tree preservation and street improvements
shall be mandatory through site design review approval.
III. STAFF RECOMMENDATION:
Staff recommends approval of the zone change from Washington County RU-4 to
City of Tigard C-P subject to the following conditions:
1. That owner receive site design review approval prior to issuance of
Building Permit.
2. That Tax Lots 300, 400, 500 and the southe m portion of 600 (Tax Map
2S1 lAD) be consolidated prior to issuance of Building Permits or the
buildings on the plan must be relocated.
3. No Occupancy Permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
4. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes are
approved by that department. Application for changes will be made in
writing and shall include applicable drawings.
5. Construction plans on all public right-of-ways shall be submitted and
approved by the Public Works Director prior to commencement of work.
STAFF REPORT
AGENDA 5.3/ZC 34-79
TIGARD PLANNING COMMISSION
December 11, 1979
Page 3
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6. Public water service and sanitary service shall be installed to this site
prior to the issuance of a Building Permit.
7. All existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Works Director.
S. No Building Permit shall be issued until the expiration of the twenty ,
day appeal period from the date of approval.
9. Improvements may be bonded prior to issuance of Building Permits.
Prepared by Ken t C ..by Approved by A mt .oward
As ..;ate City Planner rlt ing Director
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STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
December 11, 1979 - 7:30 p.m.
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard
DOCKET: ZONE CHANGE ZC 35-79 (Cundari Development)
APPLICANT: Mrs Jerry Cundari OWNER: Same
222 SW Harrison, Suite GA 8
Portland, Oregon 97201
APPLICATION
DATE: October 22, 1979
SITE
LOCATION: Adjacent north of Varns south of Highway 217, approximately 400 feet
east of 72nd Avenue (Wash. Co. Tax Map 2S1 1DA, Tax Lot 800)
REQUEST: For a zone map amendment from Washington County RU-4 "Single Family
Residential" to City of Tigard C-P "Commercial Professional" zone
on a .47 acre parcel.
I. FINDINGS OF FACT:
1. The site is zoned RU-4 and is designated "Commercial Professional" on
the NPO #5 Plan.
2. The applicant is
pp proposing to construct a two story 8,400 square foot
office complex on the site.
3. The following NPO #5 Plan Policies are applicable:
Policies # 17 and #21, pages 13 and 14 "Public Service Improvements?
The general intent of commercial use in this area of the Plan is to
allow such uses which will protect the adjoining lower intense uses
from the more intense uses and provide needed professional office space
along the business areas of 72nd Avenue and 217 Highway.
4. There are two buildings on the site. .A house in the middle and a '1
garage with a workshop on the northwest corner. The site slopes gently
from west to east with some significant vegetation along the south,
north property line.
5. The surrounding land uses consist of Highway 217 to the north and east; }�
the 72nd business center to the south across SW Varns and the Ascot
Center to the west adjoining the subject site.
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6. Traffic to the subject site shall be served from SW Varns off 72nd Avenue.
SW Varns is a city street and is designated as a local street on the
• NPO #5 Plan. SW Varns has a right-of-way of 50 feet with approximately
twenty feet of paving and no sidewalks.
7. The nearest sanitary sewer service is off SW Fir Loop south of the subject
site in the 72nd business center complex.
II. CONCLUSIONARY FINDINGS:
1. The zone amendment request is in keeping with the land use designation
of the Comprehensive Plan and meets the intent of the NPO #5 Plan.
2. Street improvement on SW Varns and sanitary sewer service installation
are the two primary public facility needs to be provided before this
site is buildable.
3. The office complex will conform with the business office services in
the 72nd business center to the south.
III. STAFF RECOMMENDATION:
Staff recommends approval of the zone amendment request subject to compliance of
the following conditions:
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1. That owner receive site design review approval prior to issuance of
a Building Permit.
2. ' That the owner improve SW Varns to local street standard prior to issuance
of Building Permits to the approval of the Public Works Director.
3. No Occupancy Permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
4. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes are
approved by that department. Application for changes will be made in
writing and shall include applicable drawings.
5. Grading plans on all public right-of-ways shall be submitted and approved
by the Public Works Director prior to commencement of work.
6. Public water service and sanitary service shall be installed to this
site prior to the issuance of a Building Permit.
7. Ail existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Works Director.
8. No Building Permit shall be issued until the expiration of the twenty day
appeal period from the date of approval.
9. had rovements may be bonded prior to issuance of Building Permits.
Prepared by Ken Sy° , Approved by Aldi . and
Assoe City Planner Plann' �•'�'irector
4110 o -
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MEMORANDUM
TO: TIGARD PLANNING COMMISSION ITEM 5.6, December 11, 1979 •
ZOA 5-79
FROM: Ken e1
DATE: Dece •er 4, 1979
SUBJECT: Public hearing to consider proposed zone text amendment for the
title of Chapter 18.36
Attached i s a draft of the proposed amendment to Section 18.36
of the Tigard Municipal Code.
The amendment changes the subject title name from "Limited Commercial"
(C-5) to "Highway Commercial" (C-5) .
The amendment also adds a conditional use for "Mini-Warehouse
storage facilities".
The two amendments are being proposed to bring this portion of
the zone text into conformance with the Comprehensive Plan.
Specifically, NPOs #3 an.d #6 have designated areas as Highway
Commercial.
This proposal and your recommendation will, be brought before
the City Council as a public hearing item for adoption.
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CITY OF TIGARD, OREGON
ORDINANCE NO. 79-
AN ORDINANCE AMENDING CHAPTER 18.36, TIGARD MUNICIPAL CODE RELATING TO HIGHWAY
COMMERCIAL AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The title of Chapter 18.36 of the Tigard Municipal Code is amended
to read as follows:
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Cha p,.�.er 18.3 6
HIGHWAY COMMERCIAL ZONE (C-5)
Section 2: Chapter 18.36 of the Tigard Municipal Code is amended to read
as follows:
18.36.020 Conditional Uses
(1) Mini-Warehouse storage facilities
Section 3: This ordinance shall be effective on and after the 31st day after
its passage by the Council and approval of the Mayor.
PASSED: By vote of all Council members present this
day of , 1979, after being read two times by number
and title only.
Recorder - City of Tigard
APPROVED: By the Mayor this day of , 1979.
Mayor -City of Tigard
ORDINANCE NO. 79-
ZOA 5-79
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s,•,. �. MEMORANDUM
TO: TIGARD PLLANNING COMMISSION ITEM 5.7, December 11, 1979
ZOA 6-79
FROM: Ken by
DATE: Decemb 'r 4, 1979
SUBJECT: Public hearing to consider proposed zone text amendment for the
Chapter 18.28 "General Commercial"zone.
Attached is a draft of the proposed amendment to Section 18.28 of
the Tigard Municipal Code.
The amendment adds a conditional use subject to the General Commercial
zone.
This amendment and your recommendation will be brought before the
City Council as a public hearing item for adoption.
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�x. CITY OF TIGARD, OREGON
ORDINANCE NO. 79-
AN ORDINANCE AMENDING CHAPTER 18.28, TIGARD MUNICPAL CODE RELATING TO
MINI-WAREHOUSE STORAGE AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL
: ZONE AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Chapter 18.28.020 (23) of the Tigard Municipal Code is amended to
read as follows:
(23) Mini-Warehouse storage
(Re-•number the remaining chronologically up to thirtyseven (37) .)
Section 2: This ordinance shall be effective on and after the 31st day after
its passage by the Council and approval of the Mayor.
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PASSED: By vote of all Council members present this
day of , 1979, after being read two times by number
and title only.
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Recorder - City of Tigard
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APPROVED: By the Mayor this day of , 1979. 1
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Mayor - City of Tigard
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ORDINANCE NO. 79-
ZOA 6-79 r
MEMORANDUM
TO: TIGARD PLANNING COMMISSION ITEM 5.8, December 11, 1979
ZOA 7-79
FROM: Ken by
DATE: . December 4, 1979
.SUBJECT:
Public hearing to consider proposed zone text amendment for the title of
Chapter 18.44.
Attached is a draft of the proposed amendments to Section 18.44 of the
Tigard Municipal Code.
The amendment changes the subject title name from "General Industrial"
(M-2) to "Heavy Industrial" (M-2) .
This amendment is in conformance with the industrial designation in the
Comprehensive Plan.
Specifically, NPO #5 Plan has created this designation.
This subject and your recommendation will be brought before the City
Council as a public hearing item for adoption.
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CITY OF TIGARD, OREGON
ORDINANCE NO. 79
An ordinance amending Chapter 18.44, Tigard Municipal Code relating to Heavy
Industrial and fixing an effective date.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The title of Chapter 18.44 of the Tigard Municipal Code is amended
to read as follows:
Chapter 18.44
HEAVY INDUSTRIAL ZONE (M-2)
Section 2: This ordinance shall be effective on and after the 31st day after
its passage by the Council and approval of the Mayor.
PASSED: By vote of all Council members present this
day of , 1979, after being read two times by number
and title only.
Recorder - City of Tigard
APPROVED: By the Mayor this day of , 1979.
Mayor - City of Tigard
ORDINANCE No. 79-
ZOA 7-79