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Planning Commission Packet - 09/02/1980 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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 tt;f::,-. . ,. fi��, TIGARD PLANNING COMMISSION September 2, 1980 - 91: 30 p.m. Fowl�r Junior High - Lecture Room 10865 SW Walnut Street, Tic�ard 1. Open Meetin.g: 2. Roll Call: 3. App roval of Minutes from Previous Me�ting: 4. Planning Commission Communication; 5. Public Hearing: A. Staff Report A. Applicant's Presentation C. Ptib].ic Testimony l. Proponent's 2. Opponent's 3. Cross-�xamination D. Staff Recommendations E. Commission Discussion and Action 5.1. ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 24-$0 and VARIANCE V 10-80 (Oregon Education Association Phase II Construction) NPO #4 � 5.2 SUBDIVISION, S 6-79 (Golf Creek Estatss) NPO #6 5.3 ZONE CHANGE/COMPREHENSIVE PLAN REVTSION, ZC/CPR 23-80 (Robert Randall Ca.) NPO #6 5.4 20NE CHANGE PLANNED D�VELOPMENT DISTRICT, ZCPD 1-80 (Capper Creek) NPO #6 5.5 VARIANCE, V 11-80 (T.D.C./Brookside Condos) NPO #6 � 5,6 MISCELLANEOUS, M 6-80 (T.D.G./Summerfield Sensitive Lands Permit) N�O #6 5,7 CONDITIONAL USE, CU 12-80 (Richard Cochr_an Tire Shop) NPO #1 6. 01d Business: i 7. New Business: 8, Other Business: STUDY SESSION: ZCPD 13-8� (Kittleson/Browri - Bonita Park) ZOA 7-80 Planned Development Ordinance 9. Adjournment �v�, . _ __ - - � ,__ �I MzNU��s ��A`� TI(�ARll PLAI�NING COMMISSION �° September 2, 1y80 - 7:30 p.m. Fowle� Junior High a Lectur� Room 1086� SW Walnut Stxeet, T3.g�rd Vico president S�eaker OPENED the meeting at 7:35. ROI,L CALL• Pxasent; Bonn, I'ttnk, Herron, I�oT,leas, Moen, Speaker �,bsc�nt: Helmer, Te,pedino Vacant: One seat utaff: Howard, New.t�n The 1�IINilTES of �he p,ugust I2 meeting were considered, On motion of Tialmer, s�conded by Ko11�as, they were unanimous].y appraved. There were no COMMUNICATIQNS unrelated to agenda items. The pres�.dent read the usual notice of authority for and procedure to be followed in the meeting, and opened the P�UBLIC HEARINGS por�a,on of the meeting. �; 5•Z 20N:E CHANGE PLANNEU DEV�I,OPMENT D�CSZ'RICT, ZCPD 24-80 and ` VARTANCE, v io-8o (Oregvn Education �,ssociation Phas� II �on.structi,on) Npp �c{. A requast by 73alsi.�er Shet�bridge Architecte �ox a Zone 1�1ap A,mencimen,t :from City o�' �igard C-3 ��GeneTal Comme.rc3.al+� '� to C�.ty nf Tigard Comprehensive Ylan desi�nation C-PPD ; ��Cc�ramexcial Professional P7.axined I7�velo�ment D3.�triat�� 'Lone arith a request for a bailding height variance from forty-five �y.SQ) feet to se�e�.ty-five (75�)f�et located an 32.1�2 acros on �he ea�t side of 'j2nd and on the north side of Atlanta continuing to the north side of 67'th/Atlauta intersec�ion �nd on the west side af 2-5 (Wash. Co. Tax Map 151. 36DA, �ax �ots loa, �.oi, io2, 902 & 2300). Howard read t'tYe STAFF REPORT .and RECU2�9ENDA�ONS. Iie also read a 1et�er from Donald Pol].ack highZy approving the 75 foot variance, and one from the Tualatin Rural Fire Protection Df�trict requesting a fu11y automatad f�.re spr.inkler system in �Che �,�� building� and minor changes in access for fire equipment. Howard ca].led attent9,on to the cond�.t�.on �or site deaign review, at Rhich such changes as are required wi11 �� tnada. , �he APP7�ICANT'S PRESENTATT(7N wae made by Ron Shawbri,d�e, `T3�.1 SW Hunt C1ub Lane, Portlr�nd, architec� foz^ the pro�ect. He pointed out that the only vi,ew iz�to the pro�ect Nae from the U-Haul mini-storage � .r MINUTES TI(�/�RD PLANNING CQMMISSION September ?_, 19F30 '°t�- Paga z warehouse to the zsoxth, and explain.ed that while tlae �ive story building is same time down the line, they wished to get the var�.anc� tals:en care nf at the same time as tho zone change. PUIIZ�C TESTIMONX: Carl Johnson, 6155 SW Bonita Road, L�ite Osxega, inquired about the circulation pattern, reeponded to by Howard with prob�ble develo�ment patterns and ti3.mirxg. Speak3�ng 3.n opposition was Robert Slate, 112(?0 SW 72nd Avernue, res3.d.ent d3.sect].y south of the pro3ect, �ae��,n� 2!ig�d claas r�ot need �uch tall bui2dings. CROSS-EXAMIHATZON AI�D REBUTTALs Mx. S1�ewbridge responded, st�tin�; there ia no intez�t3.on to remove the� tall treos, vuhich effect3vely screen the area. He responded �o a quastion about traffic pattern and flaw in the project, statin� most of tho employses reach the complex from the Ha�.z�ee Tntorchange on I-5• CONiMISSION DISCUSSION 11I11I�1"D ACTION: Funk askgd questiaris abau� �nterior traffic pa'ttern�. Sp�aker ra3.�ed a qu�stian about whether this would came back to the Pl;anning Commission for Phase IIT• HoWard �tated it would depend on whe�h�r there would have to be a seneitive �,ands applic�t�on; in any c�ss Phase III wQU�.d havs ta ga through site design reviewa Nloon questioned the pro�riaty of the 75' �uild;i.ng. � f€oward pointed out it �� a�.lowed by NPO 4 in th3.s area, a,nd Shewbxidge explained the economics and energy efficiency of the build3.n.g worked out better this way than for a lowar buildin�. k�nk MOV�I? a�proval of ZCPA 24•80 and Var:iance �I-10-80 basaci on staff find�ngs and recouu�n�ndat�.ane fqr bath I�art A and Part B. Ko11ea� second�d the motion, vrh3.ch carried unan�.mously. 5.2 ,SUBDIVTSION, S 6-79 (Go].f Creek ��ates) NPQ �6 A, raquest by �[ichael D. Elton f.or a r��ubmitts�.l of a Sub•- div3.s�on AQplication, 1,ocmted at �he sou�hwast cok°ner o� SW 108th and SW Durham Road (�ash. Ca. Tax Map 2S1 1,�.�, Tax Lot 1500) . Howard r.ead the STA�'E �EPORT and RFCQMMENDATIONS. ..�..,._... ....._._.. � The APPLICANT'S PRESENTATTON was made by �dxard �nge]., attorney, 875 �c�iso Cascade Buil.ding, Portland. He opened with the s�atement tk�eir pur�ose in appearing ton3.ght rras to $es whetb.or an r�greement can b� r�ached with the p:lann�.ng Commission so d�velo�men�t can proceed. He ��ated tt�e ca�e in now bsfore the Land Uso �3omrd of AFpeals� but tt�at if a r�ettlament can be reached tar�ight Chey would �rop the appeal. IIe xeviewed the history af the appearances befoxe the Commi�s3.on and I, �, the Counc�.l, and read oxcerpts from previous Planning Commission minutes. �� a �'��. I, MZNUTES TIGARD P,�,ANNING COMNtISSIQN September 2, 198� `s� Page 3 He asse,rted tho soZe issue for the previou�c denial (which is the matter on appeal) tvas access to Durham Road (xead3.ng from tha minutes of th� 17ecember y., 1q79 meetin�), rznd that thia �.s not proper, since the cc�mprehen�ive plan caassifies Durham as an az•tori�.l stx�eet, Mr. Enggl, wox�king with City �ttarney Bailey, had a late August hear3ng on the caae postponed 3.n order to rse if a satisfactory re�sol.ution caz�, be s�cured at t'he plann3,ng commission .�evel; if not, the case �r1,11 be pursued in court. Enge�: enumerateci condition� or poYtione or wurdtn� of aonditions wh3.ch axe unacceptable ta the applicant: �taff Recommendatiqns 1, �� 9, 13. and l�. �Ie reported an intervenor i.n the court case �oul,d �ike- wise withdrav,i 3.f somet.hing aan be worked caut in this hearing. Hv introduced rlici�ael Elton, the owner, �Ylv desaribed foatures of the development. I�lr. Engel then reitera�ed the matter ctould continue to be pursixed in court unless (as ho hoped) a �atisfactory resolution cotz].ci be roached here tonight. PUBLIC TES�IIKONY was affarod by � **� Wilbur Bi�tio�,, 1059a SW Cook Lane, who inquired hn�r �.I.O�Y� �aauld eventuall.y xeach 113i:h Avenue. Fiov►ard dre�v a rough sketch n� the �roper�tids ln tr�.e area an the bl.ackboard, and indicated �or�sibili- ties as properties developo *�� Dona1 Moln�osh Sr. � 7148 SY� I�aviow 17r1ve, Por�land, owner of �rnperty adjo3.nia� that �uBt previously diacussed. He ex�arossed the ' � conviation �he property in the area can ba adnanta�eously d�veloped, ! bu� regretted the applicant had not discutesed �.i; �tith hi,ttr. � ; CROSS-E3CANIINATION AND REBU�T Di�auss3.on follaw�d �tmong Speakaz�, Howard, �gel and Eltoz� on a varia�y af sub�ects, includ3n� tha zon�ng, the homeouners associ.ation as conditian in staff recommendation� and enforaemen�C of m�intezxance �3thvut=.� homso�va�,ers association, the limited accese s�akus of Duxham RQa.d, and the lan�uag� of Conditions y and 15. With respect to the �ubstitution of deed restrictions in lieu af a homeowners aesoci��ion, FIoward �u��e��ed thay submit �o him � proposed broadened doeci restrictione to accompligt� the purpose desired. ; Thie Engel was untril.ling to do on the basie Che signla c�us� of re�ec- a ' i:�.an previou�ly t�aa t.he road acce�s� wh�ch is resolvod in thia hearing. � xn defense of Durl�ames limited access Speaker cited a nearby development of �.0 acres wh�.cli wi11 tzave a temporary accass unti7. ad�acent property is develo�ad, when it xi:ll have no direct access o� �..ts oiqn.. �agel ob�QCted ori the ground thAt such a no-access palicy, to be anforceable, must be t� adapted �ublie policy, and that there is none sush from the Planning Comm�.ssion or the City Council Yar gu3,dance of developers; therofor4 it 3.s not a valid cansideratian� and that is one of their ar�mant� before the A�nQal. Baard. ` Spe�er iraqu�.red w1�y �hay ob�ect �o the PA designat3.on. Engel ��: MxNUT�S TIGARD PLANNING CqMMTSSYON t ;;� Septembar 2, 19Fi0 �,�, �'a�e 4� stated they fe1� it �rnuia require yet another a�pearance befc�re �his body, and reitexated tl�a't since they wer� turned dntm last time so7.ely becauae of access, they feel the im:pos�tion of tha oonditions attached ta the currsnt proceedin�6 ax�� e�unfair��, Howard ob�ected to their ' th�eat to carry on wi.th t.ho Land IIso BQasd of Appeals if �t,hey da not ; � �et what t,t�ey xant at �.his hearing. He felt this bolied th83.r avow�d desire to cooperate. � H�ward stated th� Commi,ss�.on would not have tt� hear th�,s applicaait a�a3.n, beca'ase i.f he xould Acce�t the PD des�.gn�tion the Gommi�eioa � aau, at this meet.ing, approve both a prelim3.nmry and �eneral plan �nr ' this d�velagment. Also requ3.red would be �ubmissian by the appli.carit OP l.c'3U'1gtilAg9 �;areeable to the Plannin� �irector �nd Putbl3.c Wn�lis Direstor ... , .. � to a�sure ma�.ntenanae by the homeowners of the �roenway. �he R-5 designation is mandatQd by tYzs comprehena:S.ve p1:an, and t'he PD designation by the sansitive laalds 3.n�`olved. T.he applicant�s nsat� agpearance vrould be before ttxe City Cauncil. Elton�s ma�or c�ncern is tha� the lnttin� p�ttex�n be noti changed, since he ��els �.� �,.a � very �ood ona. Hosvard pointad out that th� C3.ty Couneil does have t�e potver to mak� �.ny changes thoy dQ�ire. CONRdISSION DISGUSSIOtd AND AGTION: B�nn felt �hi� r�a� a �ood � develogm�nt now. F°unk waz�dered�.f orae ar txo aciditional lots could �; be �eeured under the R�5 design�,tion, but the appli.cant does n�t desire �y mox�. Atter �ome further ciiscu�sion, Bonn 1�SOVED appraval of Subdivision S 6�79/�o�a Change Flanned Deve�.oFment ZCPD 25-80, together w�.th a�proval of th� plar�ned unit devslopment at the prel�.minary� and �aner�l pl€�rt leve�., based on s�af'f findings �nd reaomxnenda�ions, rvit.h c.hange� in recommended condi.tians as follows: *** 9• Second sentonco to �ead: +�Easement to be terminated �hen temporasy accec�s ta Dtxrb.am I2oad i� tertnir►mted.4� *+►* 15, De1e�e �.n the last sc�ntanca th� words ��recordin� af the final plat or��. ��* Add'20: On lota abutting sensitive lands, bu�.ldi.ng� ma�r be constructsd to tha edge af the s�n�itive lands, even �.tACSU�h this may no� be �.n ac;cora ai.t.h a strict application of the setback requirements. �"he motio�n waa secon:ded by k'unk and carried� vrLth Moen vo�ting na, Tho pres�dent d�cliered a five—minute recess at q:35• 5•3 ZON� CHANGE✓COMPR�'iIIVSI'((E PLAId REVISIOI�, 7C/CPR 2�+80 (Rabert Randa7.1 Co.� NP0 �{6 �;� . • t4INUTES TIG,ARD PLANIdING COMMISSTOI3 �,�T Septomber 2 y 1980 Page 5 A request by th� Robert R�*adall Company for a Zone Change/ Comprehensive Plan Revision fr�a� C-3 "CommorGial Retail�� to A�1Z "Urban Medium Density Multif�mily Residential�� and C�4 '!Residential. Commercialt' l.oaated at t.ha �orth�es�t corner of SW Hal1 Blvd. and SW �urham Road (Wash. Co. Tax Map 2S1 11AD, Taz: �ot ?_00). fiovVFxrd read �the STAFF RFPORT and REC,Q2�tENDA�ION,S, m�king certaln delet�.ons to Gondi�ions 1 and 2. He also read into the record a l.ettor fx�om Gary Cramer, General Manager of the UniSied Sewerage Agency, s�atin� that �� imes there are unusua]. odars and noises a�nAti.ng . from t�he se�aage pZarlt, pl,us at times heavy vehicular traffic into t'he plant. He eacpressed the op3.n�.on commorcial-retc�il on the property at the zaor�.h�►eet corner of �Ia7.1 .�nd Durham aould be more campatible than medium density residential. APPLICANT'S PRESat�'t1"��ON: Pau:1 Yan�, z�epresen�ative nf The Robert Ran�al7. Compan�, stated they propas�d downzon�n� 9�. per cen� of the propes�ty, us3.ng anl.y 6 �er cent of it for residential xetail applica- tiAn. Th�.s request c�n thair part 3� based on th�ir m.arket analys�.s, T.}xey pra�ose y �zr►its per acre rather than 12 per acre as allar�ed by ,; the roquested zonee 9 PII�LIC �E,STE,e S I�IONY< Speaki.ng bas3.cA1'ly �.n apposition, but also in arder �o �e�addi�Gional infarmatian G�. the propobal., were -- , 1, *** Ron Black, 831�� SYd Avon Court, who inquired the nature of � the apar�man�s coa�tempJ.ated. Yang stated the�r pro�oee candominiums, '`. aome of which vrauZd be �SrdO stoxy alon� the western boundary. Black �.nquired vrhai: tt�o property to the north of the pro�act is zoned. �Io�Nard statad bot�. s�.des af kiall. Soulevard in �h3.s area are zoned R-5� a�zd pointed out �hat a condition�l use at this znn,ing is duplexes or at�ached ainglo family on 1.0,000 �oot lots. Black 3.nquired about possibz.li�y o.� xeZiQF from a bad traffic situation--one er�trance only, onto Durham RoAd-�-�.n his development. Howard out].ined the relief that would come from the Durhatn Road LI17 and development o� the rest of the property betareen Aurham and Sat�Cler Roads. Addit3.ona1 cancerns ox�ressed � werc� vandalis� from apartment dwellers and de�crease in ��roperty values � due to ad�acent mult3,ple hou�ing. He inquired about� the proceduxes in �eneral, responded to by Iio�rard. *** Da1e '�allman� �'B95 SW Avon Court, e�cpressed concern about an apartment com�lex across the stroat from the hi�h schoal. +.«« �on Danx�.s, 8820 �W Avnn Cous�t, ob�ec�od. to a tt�a—story condocai,nium ad�acenb to his bac�. yard. +►** ,�n un�.dontif3.ed �voman �.zaquired the type of commercial ., deve7,opmant, responded,to by Yang, wha de�cribed po�s�.ble re��.dential '� se.�vicQ type es��bl.:Lshmont� in tho 7,000 squara foo� '�uilding. She ��. i° �,. i i � . r�xrrtrx�s TIGA�D PI,ANNING GOY�IISSION � . September 2, 1980 ��,ge 6 expres�ed a deoire for information on what is contemplated by the developer. She acimitted �r�jud3.ce a�z�a.nst davelopment, and exgr�ssed concern abou� activ�.ties o�' hi�h school �tudents. CROSS-k�.AMINAxION AND REBUTTAL: Yang expla3.ned po�sibil3,ties nnder thQ presant zo:ni.n�„ and the benefits to tha arem from the down- �onin�; as propaEed, 13e explained that whether t,he un:its Wou1d be rented by 12anda1l. ar sold as condom�.niums would depend upon the economic climate. He explained why a developer can aehieve a better ].00kiz►� arid �etter landscaped eommunity thaz� a community af ind3vidual. �roperty ovmers. As a r9sult of quest3.ans raised, the pres3.dont sexggssted the nei�hbors look at t�ther Robsrt RandaLl pro�ects in �he area, atad t.hat the Randall Comp�ny meet wj.th the res3.dents af the ad�oinin� development to e.cplai,n �rhat i� �roposed. Yang asked Recommenciations 9 r�n� XO be changed by aubst�.tu:tin� �,occu�aney permits�� for �bu3,lding permi�s" «�- read3.7,Y agreed to by Howard. Howmrd tkien added Cand3.tion 14 �s follows: nDedication along tho south b�und�ry sufficien�G ta pravide 4.5 feet of ri�ht-of�way from the center line of Dur.ham Road shall be made; and nonrsmonstr�nce agre.em.�nt� for a Dux�ham Road LTII shail be raade a port�.on �f t:h� fin�l f plat, �xad mad� a part of each deQd." Because of t.his, the re�erence �. 3.n Co�d�.��.an. 2, to Ikurham Raad is stric�sen. GQt3�I�T� DTSGU�SIOI1 A,,,�D ACTION: k'unk oxpressed coneern about � �.hu commercia3. port�,"�o�ii,��Ls.hi�g it deleted entiroly; but if �� is ; dev�lopod 1ze quQ��3:oned �hether it shauld exit an Durham. Herron i expros,�ed the s�e concerii, citi,n� �Ehe DurY�am Grade School ;just a � little eaet on I3urham. Tha con,�ensus f�vored the commeraia]. portiot� facin� �a11. Boulevard. �3o2in MdV�D approvaZ o� �C/CPI2 2�-80, based an staff f�.nding� �xnd r�aarnnqendations, w'3.th• recammendation,� modifi�d as follo�¢s: *** l. R�f�r�nce ta S1� Durhaxn Etoad deleted. ' +*•* 2. The last�sentence w�,th respect to traffic s3.�nal de].eted. � � �*� g and 10; . ,Substitute +�occupancy permi�so� fvr�►build3.ng { parmits". +►+�+ 14 (added) See language in third paragraph this page. Whil� not mak3.ng it a canditian, it xas a�read at site de�i�� rewisw tho pra�e�t ahould have only one access to I�urh�m Road and one to Hall Boulevard, and t.hat tlxe cammQ7rcl.al building should faco I�all. i3oulevard rather than Du2°ham Raad. The mption �ras secanded by IColleas and caz^r3.ed una2�,�.mous7.;T. �`� �. ; ,.,_...,-._,._ , . . � MINUTES TIG1��?D PLANNING COMMISSION ,.` Septemt�e.r z, 1980 �;;; �,a�e ? ��,.. 5�4 ZON�, CHANGE PLANNED AE'VELOPMEN2' DISTRICT, ZCPD 1-$0 (Copp�r Creek) NPO �6 A re-he�zring, directed by the Tigard City Council, for a request by the Tual�t3.n Development Company for a General �lan Review of S�age TI Gopper Creek aslc3.ng �'or a Zane M�p Amendment from Washington County �2S-1 to City of Ti�ard Compreher�sive �+lan des3.�nation R-7RD �tS3ngle Famil.y Resi- den�ial Planned Deve],opmsnt �iz�tric�t�,located sauth of Durh�n Road and eas� of Serona W'ay at P3clt's Land3.n�r Subdi.vision (Wash. Co. Tax Map 25�. ].48, Ta�c Lo� 100). Iio�rard read �he STA�'F REPORT and RECOMMENTIA�ION,�. Th� APPLICANT'S PRES�fi1TATI�N �ras made by Vlad Vo,yti.l.la of Tualatin Uevalopmen� Gam�an9, Inc. , 15300 S4Y �.16th ,Avenus, He a�r��:d wi.th much af the staff°s greaQn�ation, but a�fered a f'ew carrections. Ha showed sam� �11des ilZustratin� the large, as y�et n.ot—to—be-developed lot, nu�r��r�a :�a.6 in �h� curxerit �r�acantat3.nn. H� stated �heir ex��ineers calcu].ated it contains 1070 acres, whereas staf��s e�lcul�,tion ��s 2.5Q acres. �e :�hovted a sketch of how th1B l�� mi.�h� bo �lattc�d w3.�h no more than $ ].c?t�, rather than the 15 sho�rn and used in �Gho c�taff rapnrt for d�naity calaulationso He �.ndica�ted thi� �.o� shauld be devel.oped i.n connection tivith the Qne-acxe parce7. adjoin5.n�, which is not owned by TDC. . Voytilla called atten�ion �;o a di.screpancy z.n �11e �'indings of �'act as ta the acrea.ge af f.lUOdpla3.n to bo ded3.catod ta the city; 1.5 �s shown, vs. 5•11.7 ac�ual.ly to be dedicated. One slide shor�ad the NI� 6 de�i�,na�ion af urban love density at [� units per acre, whereas � they are propoaing only 3.1 iznits par aare i� Phase II. Ke also ptainted nut the NPO ,providod for alloqri.ng sma].ler lot sizos undex a Planned Un3.� Development. 4Yith opzn epacs, he saici thera is over 11,OOQ ; sq�xare feet per unit 3.n this pro�ect. He f�a1.t �he presont propoeal addre�sQd the concern� of the City Counc3.l: a11 priv�ate drives have � ��aen eliminated, ar�d the average lot size hac� been 3.ncreased and the � density corresponding7,y ctecreased. There was no PUBL�C, TESTZMONY o��'ered. CROSS-EX.AMINA.�ION' ANn REBIITTAL: Moen inqui.xed the density of P3.c1��s 7�anding ad��in�ng. �oward. rep�rted it has '133 units. Moen objeated to tl�e 20-foot minimum setback from curb, �ointing out that a car parked �.n. th� driveway would make °�he s3.dewall� unusaable. It wa� pointed out th�.s 3.s the mi.nimu� in Sunuuexi'�,eld anc� �p�ears to work ` eatisfactor3.lq, but Moen ob�ected tha� Summaxfield 3� 3.ar�;aly papulated ; by oldez� or areti�ed goopl,e, and �h�.s devslQpment w�.ii �resu��x,iy contaim ' �� f�rui.li,es and a more div�rsa �o,�ulA�ion. 14`: iI . f � NrzrrvT�s TI41�RD PLAIJPITN(3 COMMISSION September ?_, 1g80 � Page 8 T.he zaro ��tbacli� were discussed. Speaker sug�ested an aroa where large lots might be considered was al,ang �hg riv�ar�-•-that the 5.750 square foot lots there mi�ht be increa�c�d �0 7',500 sq�xare feety that they had talked �praviously about in�.ova�ivn tu° thi's: proj�ct, �rhich would be appropriate on some of the sma].ler interior Zots; but �,n t.he interests of diversi�y of housing .fn Ti.�ard, gerhaps lar�er homes on full s3.ze lots alan� the river would enabl� TDC to rovide p ' diversit thin their own ro'ect. Y � P J CQMMTSSION DZSGUSSIdN AND ACTION: The question af density bonus for a planned unit development wae discussed. It was po�.n�ed aut �hat thQ density requested in �hia proposal i� within the 13.mits of density bonuses aiiow�a Par PAs i.n �ho pa�st. Bonn expressed eati�frzction �►i.th the project as now presented, and MOVED approval of ZCPD 1-80 on the bas3.s of staff findin�s and recommendations, and t.hat the xec�uest under ttxe PD designat3.on doas address the density issue, the o�her 3$sues having boen addrossed. The president called att�ntion to Cond�.tion l with respect to the aommis�ian e�tting ith� density for S�rxge II. The 115 unite r�c�uestod vras inserted in the mot�.on. The mo�ti�n. was tY�en seconded by Funk. �Toen still objectod �Go the 20—foot setbacks. F1�nk stated he f�lt that way prev3.ously, but was �orsuaded by Commissioner Smith at the previous hear3,ng i.t does wnrk. TYte raatinn then carried, � five �a one, wit� Moen voting no. At this time (].1:07) it was ascertained the bulk of the audience tvas interested in the Brookside Condos mal:ter rather than any of the other three agenda it�ms, so tho meeting p�oceeded �.n accox^dance with , the prinied agenda. � �•5 VARIANCE, V 11-80 (T.D.C./Bronkside Condos) NPO #6 �I I A raquast by the Tualatin Development Company for a setback I and height variance located at 10$20 ,5W I�eadowbrook Arive �Vta�h. Co. �ax Map 251. lODD, Tax Lot 7800) . I�oward read the STAFF RE�P�ORT and RECOMMENDATION and drew diagrams � on the blackbo�rd illustrating the physical situat�.on as it exists now. He outlined the alternatives. � The APPLICANT'S PRESENTATION wae made by John Ada�ms� chief o� the I� desi�t�, staff of Tualatin Devolopment Company for a number of years. � He explained the ori��,nal concept �as fo,r a�artments in this �rea, ! but that subsequent market mnalysis indicat4d i.t should be sold as � condatniniums instaad. The apartments were pZanned qi�h a laundry room I serving several apartments, wheroas condos requ3re laun.dry faci].itiea in qach unit. In the adjusting of buildinQ confi�urations to accommodate I bhis change, the Condi�ion 13 pi' the March Z2, 1977 s�.te Des3gn Revie�t j �� MIl`iU'�E; TIGAF�D �LANNIrdG GOMMISSION ��' SHptember �, 7.930 '� Page 9 v�aa ovorl�oked and the building is now can�tructed w3�h two st�ories at a distance of 35 feet (instead of 30 feetj from the property �.inc: o�' the singZ� family residence adjoining. Mr. Adams sha�o�d some �lides of the ar�a, �Views of and from the bu3.ld�.ng, �zxd a rriew .of a buil.din� wit.h a ono-.stnry unit on the end. He sho�red that becausa the condo is built on grotxnd lo�er than the fIi�hland Court residences, �Che roof li.ne of the two story building i.s only about six feet hi�her �han. the roaf line of' the adjainin� reea.dences. Mr, Adams freel.y admitted this vras a mistake du� to an overs�ght on his part. PUBLIC TESTI�IpN3C, All 3.n oppoeition, wae gi.ven by �-a *"+► F'red AnderNon, $$65 3W C�nter Stxeet, Tigard, a�tvrney an;d forraer Cit;y �ttorney, re�xeaenting 17 residents, stated this should not be decided on the basis of sym;pathy, but on the basis of larr; and �h�t on that bas3s the planning co�mi.saion could not var�r Cond3.�3.on 13 of the March 22, ].977s S�te Des�gn Reva.e�t becausc� it does not meet, the ordinance requiremants for a var3.anca. �3e cito�d a numbez� of le�al treat�,ses orx the sub�ect of variances, and s�res�ed saZf�cra�xt�d. hardships particularly> W�.th the aid of a 1�arge ma�r he s�i�cusaed th4 his�ory of the area anci �the rc�].iance by the residsnts on �he site design review c�nditions. I3e cit�d sever�l more cases and baws appZ1- �', cable, and suggested the comm3.se3.on geek �he advice of the City Attorney before graaxtirig �thi� varianae. He asked #'ar denial because of lack o� any legal standing for approval. Speaker asked Anderson what hardah3.ps �is c].�,ents mi�h�t have, particular�.y if �hey Were bu�fered r�i.�h good �hrubbery. ,l�dersora re�,lied he wae not t.here to give te�tim�any on the f�ctual s3.tuation; he statod Y�a was present to diacues the 1cga�.ities of the situation. Speakor then aslsed �that he propased the Tualatin Developmen� Gompany do abou� the situation� �Go wh�ch Yte repli.ed, ��Cut it down, make it legal.�� *** Johu Forreat, 15845 sw xighlaazd �aurt, referred to a previous ' statement by the Planning Directox that once a development is p7.atted, ; that is the way it is built. He agreed vrith �.hat pracess, an,d asked j it be Fol�.awed in thi� �,nstance. Speakax aslc�d him 3n trhat ^way he fe].t ne was hurt. Ha statac� he wa;e standing on '�h� 1ega1 recard, and th�� ttioy do not have ta be hurt to expect dovelop�aent in accordance wi.th plans previously approved. TY�e presiden� asked �taff if �he commisaian has �h�a �ower to grant the 4�T�.�iC@. Hotrard etated �.t d�.d, and of�'ered su�gestl.ons as to hnw the mattor could k�e handled lAgal].y �.f �.� was thQ desire to grant relief from the Gondition�l� at �.ssua. �here fol�,avred considerable d�.scuss3on among Speaker, Funk, Adams, a,nd memberH of the audience ��' 3ncluciing Betty Forrest, in xhich it wae cl.ear tb.e residents had no �� r d � � i � � . . � . . .. . . . .. . .� r�zrru��s TIGAR� PI�ANI�ING COII�44P3I�SYON ��'' Septembe� 2, 1980 � ��, Page 1� ' conf�.d�nae nar fa:Lth i,n Tualatin Deve.lapment Company, alkhough denyinp bheir prqtc�st was mo�ivated out af spi.te. After a roference to a _ pas� statemant by Iiowaxd from t.he audience, �;e agraed the residents of I H1�hland Court .had not had ],00 per rent cooperatioh from TDC; that so ;',I 2on�; as he has boen w3.th tlae city there hae been oontroversy betwoen the paxt3es. He ou�Zinea what he perceiv�d as �he oniy two alternat�.vos: 'I TDC reduce �he height of the buildin�, or tUey xorls out together an �cr,e��able solt�tion, such a� screening, �: borm, etc. He cautiqned that 3f TDC �ras requxred to �ake the buildin� down, the residents cnuld expeet, by reason nf t.he lengt.h of t3.me it takes for litlgation in suc:h cases in I�as.h3,ng�tan County, to lools at that unf�nSshed building fo� perhaps three years. T.tta.s was not �ell rece�ved by the �;udi.ence. Pau1 J• l�a3k, i54a5 sw �.z6�n, the attoxney for Tua�.atin Davelopment Company, ca7.led attantioxi to several facts: fiDC is wel.l able tq let tt�e build�.ng stand unfirti,hed Yar tho two or three years it wou�.d requirt� to liti��ta t.he tnattar; the origj.nal concep� roras apartments, but was c.hangad to ix�dxvi�u�ll}�-�owned co�flomiziium$, w9.�.h the �esid�nt� a� ovme�°s i�stoad o� ren�ers, and th� bene�its to the neighborhood accx°uing therefro�i that tk�e a�pearance a� the raoment is pra�ty bacl� b�:t 3.t �.s sti11 unfinished and v+ill Iook zauch bet�er when �inished; and he o�irzed t�.e ques�ianin� abou� what �iarm .has beetz su��exed by � t1-c� res3.dents 3.s appropriate. At 1.1:58 �he pres3.dent closed th� vub�.3.c hearing on the raatter. GO1��S�SSION DISCUSSIQN AND ACTI(3Ns Discus�ian on the commiseion .�....�.�.. centierecl or� what can be dane to al.lev3.ata tha rathex� stark a�pearan�e n� the unrelievecl bl.ank ��Mo�-�tory wall. Adam� suggASted a 17utch e��e line to he1� area�e the effec� of a one—�tory section. Bo� suggested a cnmpromise 3.ncludin� �ction to relieve the starkness af the blank wa7.1, and moved �or apprnving tha variance. Ho�rard then stated hi� convictian the matter ehould be tablad, n►ith inatruction to the parties to wQrk betwee�, tt�em for � resol,�tion of the 3.ssu�, beaause of possib7.e 3,itigat�.on whic.hev��^ way it w�s dec�.ded. He adviaed �,he commY.ssion �o keep frora gotting betrreen lawgers an oppo,�ite sides. Tf TDC snd the residents cannot reach a deci.slan, it wi11 then com� baGk to tfls commi.sa3.on--F3.rst on �he Agenda, he assured �he audien�e. Thereupan Bonn v�tiithdrew his motion �xa� MOVIID thQ matter be tab�ed, �:th in�truc— tio�a t'he part3.es toget.her. attempt to work out a st�lution. 2he motiors ! vras �ecottded by Moen, and carried five to one� wf.th �'unk voting no. The ��eg3:dent ascar�ai,med �hat �o.re members could attend a meeting an �e�tember �.6 than nn Se�tember �, whereupaa at 12:05 he AAJOURNED the meetin� unt�,l September Z.6. �,, �, � � h PU$LIC NOTICE u� TTGARD PLANNTNG COINMrSSION 5eptember 2, 1980 - 7:30 p.m. E�owler Junior High - Lecture Room 10$65 SW Walnut Street, Tigard 5. Public Hearings 5"1 ZONE CfIANGE PLANNED DEVELOPMENT DISTRTCT, Z�PD 24--80 and VARIANCE, V 10-80 (Oregon Education Association Phase II Construction) NPO #4 A request by Balsiger Shewbridge Architects for a Zone Map Amendment from City of Tigard C-3 "General Commercial" to City of Tigard Comprehensive Plan designation C-]PPD "Commercial Professional Planned Devel.opmerit District" Zone with a request for a building height variance from forty--five (45') feet to seventy-five (75') feet located on 32.42 acres on the east side of 72nd and on the north side of Atlanta continuing to the r�orth side of 67th/Atlanta intersection and on the west side of T-5 (Wash. Co. Tax Map 1S1 36DA, Tax Lots 100, 101, 102, 902 & 2300) . 5.2 SUBDIVISTON, S 6-79 (Golf Creek Estates) NPO #6 A request by Michael L�. E�.�ton for a resubmittal of a Subdivision Application located at the southwest corner of SW 108th and SW vurham Road (Wash. Co. Tax Map 251 15A, Tax Lot 1500) . 5.3 ZONE CHANGE/COM3?REHENSIVE PLAN REVISION, ZC/CPR 23-80 (Robert Randall Co.) NPO #6 a A request by the fiobert Randall Company for a Zone Change/Comprehensiue Plan Revision from C-3 "Commer.oial Retail" to A-12 "Urban Medium Density Multifamily Residential" and C-4 "Residenti.al Commercial" located at the northwest carner of SW Hall Blvd. and SW Durham Road (Wash. Co. Tax Nlap 2S1 11DD, Tax Lot 200) . 5.4 ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 1-80 (Copper Creek) NPO #6 A r.e-hea'r.ing, directed by the Tigard City Council, for a request by the Tual.atin Development Company for a General Plan�!R�v.i�w'"o,f Stage ;:LI Copper Creek asking for a Zone Map Amendment from Washington County RS--1 to City of Tigard Comprehensive Plan designation R-7PD "Si�g1e Fami1X Residential Planned Developm�nt District" located sd�uth of Durham Road and east of Serena Way at Pick's Landing Subdivision (Wash. Co. Tax Map ��51 14B, Tax Lot 100) . 5,5 VARTANCE, V 11-80 (T.D.C./Brookside Condos) N�O #6 A request by the Tualatin Development Company for a setback and height variance iocated at 10820 5W Meadowbrook Drive (Wash. Co. Tax Map 2S1 lODD, Tax Lot 7800) . '} .. . .. . . . . . . � . � ��..�I , �r . � . . .. � . . . � . . . .. . �� ,�. � . . � . � . . . - . . � . PUBLIC NOTICE j TIGARD ��LANNTNG CdMMISSION �. September 2, 1980 Page 2 ' � 5.6 MISCELLANEOUS, M 6-80 (T.D.C./Summerfield Sensiti.ue Lands Permit) NP0 #6 A rPquest by 'the Tualatin Developmen t Company for a Sensitive Lands Permit to construct a sanitary sewer in a drainageway located sur�oundinq ; 108th Avenue and on the south side of Durham Road (Wash. Co. Tax Map 2S1 15A, Tax Lots 1000, 1100, 1101, 120"0, 1300, 1500, 1501, 190'0, 19�1 and 2100) . 5.7 CONDITIONAL USE, CU 12-80 {Richard Cochran Tixe �Shop) NPO # 1 A ,request by Richard Cochran for a Gonditional Use for a Tire 5hop l�cated at 12533 SW Main Street (Wash, Co. Tax Map 2Sl 2AB, Tax I,o•t 21f�0) . � �.. :; TQ BE PUBLISHED IN TIGARD TTMES ABGUST 20, 19$0 and Ai7GUST 27, ].980 � r._. _ :.., _.... _ ... ,_ _ , ,,, ,;�. �r. A, � "PL.AAINING COMMISSION SIGN-UP SHEET" ��: NO`I'ZCE: AT,L PERSONS DESIRING TO SPEAK ON ANY I�'EM MUST SIGI3 THEIR NAI� AND IdOTE THE3R ADDItE55 ON THIS SHEET. ,I�� AGENDA ITEM: �� ACTION REFERENCE: (,,:o" � NAME ADDRESS . ,� . � .�. � .. .:. � _.. . K.,: _. .;�. .__ � _ L�3�3 � .�'G, 7 �, z.,�,/ �� , � �.. ;�-��t��,.� , ' z--� ,� ��t".1 tG�� .'e��/�iP��s.�"i�ia�m �3�� S�LU G,�bnT�/U��1.N t'at1%/l� 1r�n �e��r�-�,S l c� �--Q ( 1 2 c� c� �c� r-� z n� �q � r� � �r�s J�� /�`' ry r --�- 19�ENDA ITEM t � � C... ACTTOIJ REFERENC�: NAME ADD,12E S 5 r �'; / , '�.�'r�'�-�' �� . � U� .�j�- . �J �� , - `-L/ ! _/I/y( 7,� C� � !� .�� JL \�J`// �1.. �C1��GJ'i. L L✓l�� lr/('"� °,p.�.� � c.-�Jr �o GcJ G�.�",�.1 �°�-G�a ,��",.��/. '�d f'1��4� /'t'lc //U i?�C''/� �i'�' �/ '��3 5� t.� , ,�,qv��.�J 1J/�,� �2`t`.c.I�rN� `3•� 2.-c q AGENDA ITFM; ,, � � ACTTON REFERENCE: �/'N�/� �% L-- NAME ADDRESS I ' ,.r'� �� 'r ��`'..� .� ./ !'/G�,/r� � T� �'/�c' . I' 'r ,:. �,L, , �'��f U SGc� C>c�-,. C � � f �y 2 J /�G•� ,l L�7y ',%c'�,r2 ' . �" -Pi'✓�vl..f �t� �. 4.�� s ./ '''� �� , o . "PLANNING COPMIISSION SIGN-UP 5HEET" '��". NOTI�E; AL�L PERSONS DFSIRING TO SPEAK ON ANY ITEM MUST STGN Tf�IR NAME AND PYOTE THFIR ADDRE5S ON THIS SHEET, i ►�j ! AGENDA ITEM: � � ACT=ON REFERENCE: �C�%4. �� ^ ..._ I - N E ADDRESS b� t�L�.. 'y' !� �.1=� : • ' OG ' ,•�G�•!� ��'� �GtJ ,.�A��B"fl/ �!J/� __�� "��'-a?�� ' r_ ` ? .----.�� `` % � AGENDA ITEM: �� 3� ACTION REFERENCE: ��.�� // � ��G NAME ADD�2ESS �� ' �. SS��"S.�cJ�e..�- �F ' `� � �?� ' ,�V !�/V • .�'� � �� ''� J t �' l J� D (G /V1 O ! i �-�,�� — � c,J -? C.�- AGENDA ITEM:��_ 21CTION REFERENCE:��/�J/1�C7i�L'�'�°f� ��y.� �G`'�: C:.//�'�/��,I NANIE 1 ADDR�SS , '�" , 'R /',�� "' � � � r '� / L (� . � � �. _ . .. . . .. . _.. . . . ... �... . . . � . . ... , . . . . . . . ,_ .: .. <.. . _. . , _ _ . _ . _ . .. __ ,.;. . .�._.��_ :�,: ;i - � t4 . :� A i1 "PI,r�NNING COMMISSION SIGN-UP SHEET" f'' E,. I.; � NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR N�ME AND � NOTE TF�IR ADDRESS ON THIS SHEET. ` AGENDA ITEM: � ACTION REFERENCE: ��.��'�� `�'� f��%��'r/ ` �,� iVAME ADDRESS /c/��`C 7J CDCi'~�'�� ' . . ;'� _______ ,-, ii �; ,, � ;,. AGENDA ITEM: � ' 'D ACTI�N RE�'ERENGE: �_�� _ ' ,' NAME ADD�ESS �. C r � � 3 a--- ., _- _ �. _ - .. I, ��----- --1.. ------� '� �=��-��-�-- E . .___ _._.________� ___._ ; _. .� � . ___ � f' � . 1, . N RE ERENCE: ' �� AGENDA ITEM: ACTIO F I _ y NAN� ADDRESS t i � I - �'' � i � 7 t � 4 � i . ' �`;; �;_, �'� s; �,:' � . EOR YOUR INFORNfATION: �,� ' SCHEDULED PLANNING COMMISSION MEETINGS FOR 7THE RES�' OF 1980. i ' (More meetings may be scheduled, or these dates may change) . ; I OCTOBER 28, 1980 � NOVEMBER 25, 19$0 ' 230NE TN DECENIDER , PLEASE NOTE EFFECTIVE SEPTEMBER 2, 1980 WE ARE BACK AT FOWLER JUNIOR HIGH SCHOOL. � I , i �.. '� � r� �1 i+ �? � �` !I f {' i } �. t � e r � p � _-- — , _ �I � r �;,� ,:� STAFF REPORT AGENDA 5,1 �� TIGIIRD PLANNING COMMISSION � Septemb.er 2, 1980 - 7:30 p.m. ' Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard . x, , NO SUBMI�9ZON OF ADDITIONAL MATERIAL B'Y APPLICANT SHALL BE NIADE AT THE PUSZIC HEARING UNLESS THE APPLICANT TS 12EQUESTED TO DO SO. SHOULD THIS OCCUR, UNREQUE�TED, THE TTEM WILL BE TABLED UNTIL THE FOLLOWING HEARING. ! o. DOCKET: ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 24-80 AND VARIANCE, V 10-80 (Oregon Education Association Phase II Construction) NPO #4 APPLICANT: Balsiger Shewbridge Architects OWNER: Oregon Education Associatio� P O Box 388 6900 SW Haines Road Wilsonville, Oregon 97070 Tigard, Oregon 97223 REQUEST: For a Zone Map Amendment from C-3 "General Commercial" to C-PPD "Commercial Professional Planned Development District" as indicated on the Comprehensive Plan and a height variance from thirty-five (35') feet to seventy-five (75' ) feet. LOCATION: East side of 72nd and on the north side of Atlanta continuing to the north side of 67th/Atlanta intersection and on the west � E side of T-5 (Wash. Co. Tax Map 1S1 36DA, Tax I,ots 100, 101, � ��' 102, 902 & 2300) . `` � I. FINDINGS OF FACT: � 1. The applic:ant's requ�st far a C-PPD Zone is in compliance with the � � Comprehensive Plan. 2. NPO #4 Policy #2.7 allows building hei.ghts up to seventy-t'ive (75' ) feet between Int�rstate 5 an d 68th Avenue. Most of the land on this site lies between 68th Avenu� and Inters�tate 5. II. CONCLUSIONARY FINDINGS: l. The property should be zoned in compliance with the Comprehensive Plan. ;� 2. There arP currently three (3) commercial-professional buildings on the site. 3. The seventy-five (75') foa� building wi11 be constructed on lower ground r than the other buildings on the site. The building will not ex�end above the other buil dings on the campus. Although the height will be noticed at ground level, the impact wi11 not be significant in terms of overall effect. 4. Adjacent uses to the site presently include a u-haul truck storage and a ? ,,,, mini-storage warehouse. This proposed project should not adversely � impact these uses. � � � i-. , � �; STAFF REPORT AGENDA 5.1/ZCPD 24-80/V 10-80 TIGARD PLANNING COMMISSZON �- September 2, 1980 Page 2 IIZ. STAFF RECOMMENDATIONS: PART A: ZONE CHANGE PLANNED DEVELOPMENT Staff recommends a�roval of the Zone Map Amendment from C-3 to C-PPD with the following conditions: l. The entire project will be subject to Site Design Review by the Planning Director before any permits are issued. 2. The City of Tiga�'d Comprehensive traffic plan for the area must be adhered to, 3. Alignment of public streets and private drives through the project sha11 be approved by the Publi.c Works Directar. 4. The project shall be reviewed and appr.oved by the Exre Marshall. 5. The applicant sha11 apply for Sensitive Lands Permits for constructiUn of all builc�ings on slopes. PART B: VARIANCE - Staff recommends approval of the variance from thirty-five (35' ) feet to II seventy-five (75' ) feet building height with the following conditions: I� 1. All phases of th� project shall be individually submitted to the � Planning Director for Site Design Review. � � , L��W J c�'�lif`;�,��i!/C f'/� �l/,1 � . Prep red bX Elizatieth Newton Approved b Planning Sta�f lan ` g Di.reCtor STAE'F REPORT AGENDA 5.2 TIGARD PLANNING COrTMISSION September 2, 1980 - 7:30 p.m. Fowler ,7unior High - Lecture Room 10865 SW Walnut Street, Tigard No submission of additional material by applicant sha11 be made at the Public Hearing unless the applicant zs requested to do so. Should this occur, unrequested, the item will be tabled until the following Hearing. i DOCKET: SUBDiVISION, S 6-79/ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 25-80 (Golf Creek Estates) NPO #6 APPLICANT: Mr. Michael Elton QWNER: SAME AMFAC MORTGAGE CORPORATION 500 NE Multnomah, Suite 380 Portland, Oregon 97232 REQUEST: Resubmittal of a Subdivision application with a Zone Map Amenc�ment from City of Tigard Et-7 "Single Family Residential" to City of Tigard Comprel�ensive Plan designation R-5PD "SinglE Family Residential Planned Development District" Zone. LpCATION: Sauthwest corner of SW 108th and SW Durham RUad (Wash. Co. Tax Map 2S1 15A, Tax Lot 1500) , r: �, i PREVIOUS ACTION: ! � On June 22, 1978, Mr. Elton applied for a Zone Change (ZC 16-78) from Washington County RS-1 to City of Tigard R-7 "Single Family Resiclential" � and Conditional Use (CU 1&-78) for a re•tirement center - Wedgewood. On ; September 5, 1978, the Planning Commission approved the 7one Change to R-7, but denied the Conditional Use for the retirement cente r. (Ref.erence Ordinance No. 7t3-66, Zone Change to R-71 . • A second application was made to construct duplexes on this parcel. (Reference Conditional Use, CU 1-79) The Planning Commission denied this request on March 6, 1979. � On June 11, 1979, Mr. Elton applied £or an eleven (].l) lot subdivision on j the parcel. - Golf Creek �stat�s. On July 17, 1979, the Planning Director � denie d the preliminary plat. Reasons for this action centered around the access to Durham Road, and �he drai.nageway through the parcel. On Ju1y 27, 1979, Waker and Associates, on behalf of the developer, Mr. Elton, appealed the decision of the Planning Director. � Several changes had taken p1ac� at the Planning Comma.ssion and City Council I level during the time that this parcel was being processed through various applications. The Sensitive T,ands Ordinance had been pasaed and the zoning designation for the parcel had been changed to single family residential. R-5 � on the Comprehensa.ve Plan Map� Because of �hese changes, �he Planning Director notified the applicant that a Planned Unit Development designation ' was necessary and �ha� a Sensi�itre �ands P�xmit �vas requixed fnr any wr�rk i in the drainageway. The a�pplicazit stated his reluctance ta do this in a � �.e�:t�.� dated Oc�obex 2�, 1979, i � � I STAE'F REPORT " � AGENDA 5.2 - �3. 6-79/ZCPD 25°80 TIGARD PLANNING COMMISSION September 2, 1980 Page 2 On December 4, 1979, the Planning Commission heard the a.ppeal and upheld the Planning Director's denial of the subdivision preliminary plat. Applicant appealed this decision to the City Council. On ,7anuary 28, 1980, the City Cauncil heard the appeal and upheld the Planning Commission's denial of Subdivision, S 6-79, Golf Creek Estates. In February 1980, the Land Use Board of Appeals was notified that Mr. Elton had challenged the City of Tigard's decision. Through negotiations with the applicant and several legal people, Staff has agreed to return to the Planning Commission for one more review. Ssveral issues need to be addressed. Access to Durham Road will be "temporary" until a street is constructed to serve property to the south. Mr. Elton obtained an agreement from Mr. Lamkin which states that he, Mr. Lamkin, does not �bject to the half-street development, will dedicate and improve the half-street on Tax Lots 13Q0 and 1600 at his time of development, and does agree to the "temporary" access to Durham Road at a cul-de-sac. �;c„ �Tarris-McMonagle Associ�.tes has applied for a Sensitive Lands Permit to construct a sanitary sew�er line through this property from the south to the Duxham Road Pump Station at 1.08th Avenue. Staff has conditioned tlais Permit to protect sa.gnificant vegetation (trees) on this parcel and provide erosioai control during and after construction. Staff's majar concern is protection of the drainagew�y through tYiis project. The applican� has provided a Declaration of Conditions and Restrictions for Staff review. Several questions need to be answered concerning this document if the izztent ot the drainageway protection (maintenance) is to be carried oute 'rhe applicant has agreed to dedicate fifty (50' ) feet on either side of the stream bed as open space. However, 'lots still include portions of the + sensitive lands (slopes) . As this area has been Zoned R-5 (5000 square foot � lots) , it is possible to lot out of these sensitive areas and form a Homeowners' .�ssociation for. the entire greenway/flrainage area. The applicant has not agxeed to do this. In the �ieclaration of Conditions and Restrictions, the following appears.. . ."shall take title subject to such general scheme and plan, even thouglz no reference to suck� pian. sha11 be made in the deed of conveyances as to any suck� successor,". No deed res'trictions are therefore placed on the future owners, plus "The slope con�rol areas of each lot and a11 improvements in them shall be maintained continuously by the owne.r of the lat, exCept for those improvemen�s for whiah a public authority ar utility company is respons,ible" . � �� i b ( 9TAFF REPORT �,� AGENDA 5.2 - S 6-79/ZCPD 25-80 TIGARD PLANNING COMMISSION September 2, 1980 Page 3 It is the intent of the City to have the homeowners' maintain the entire greeenway on the entire parcel. Individual owners cannot insure cooperation and, therefore, we anticipate future difficulties. The term is for twenty-five (25) years with renewable ten (10) year terms. This is not acceptable - Staff suggests that deed restrictions be placecl on each parcel and that a Homeowners' Agreement be initiated which clearly addresses the concerns of the City. I. FINDINGS OF FACT: l. Land is presently Zoned R-5 "Single Family Residential" on the Comprehensive Plan. A large drainageway cuts this parcel almost in ha2f north to south. A Planned Unit D�velopment (PD) designation is mandateci by �rdinance No. 79-73 (Sensitive Lands Ordinance) . 2. Sewer service to this property is possible wheri the gravity Iine from the pump station at 108th and Durham Road south to the Tualatin Interceptor is complete. Construction of this line is being held up by this applicant's refusal to grant an easement •through this property. C� 3. Applicant has agre�d to set aside Fifty (50' ) feet on �ither side of the centerline of the drainageway. This area is to be cleared of all noxious vegetation and dead plant material�. Area is to be maintained through a Homeowners' Agreement, 4. 108th Avenue is substandard. Five (S' ) f.eet of right-of-way along 108th � will need to be decli cated to the City with half-st,reet improvements being made during constructi�n. 5. Durham Raad will be impr�ved in the near future. Twenty-five (25' ) feet of frontage along the north property line will be dedicated to the City to provide forty-five (45' ) feet from centerline tor public improvements. 6. A non-remonstrance agreement is needed for this parcel consenting to the formation of a Local Improvement District in the future. These agreements will be recorded for each lot and shall appear on the recorded plat. 7. A half-street imp rovement is planned on the western property line with a cul-de-sac just south of Durham Road. A temporary access to D�arham Road will exist until property to the south develops and a street can be built through adjoining properties to 113th Avenue. �mergency �� vehicl� concerns neec7 to be addressed, �'� 8. Portions of several lots include areas identified as sensitive lands. �� _ _ _ __ _ _- Y STAFF REPORT � AGENDI�1 5,2 - S 6-79/ZCPD 25-80 .� TIGARD PLANNING COMMISSION September 2, 1980 Page 4 9. Applieant has not agreed to develop under the Planned Deveiopment District (PD) designation. II. CONCLUSTONARY FINDTNGS: 1. Sewer service can be provided if this property owner agrees to grant an easement to the Unified Sewerage Agency o r the City to allow construction. � 2. A temporary aacess to Durham Road can be constructed. Adjoining property owner (Mr. Lamkin) has agreed with the proposal. The Fire Marshall's concerns over emergency vehicle turnaround is still an issue. 3. Parcel should be Zoned R-5PD. The R-5 designation w�uld allow the City to protect more of the sensitive land (slopes) areas and sti11 allnw maximum development. 4. The Homeowners' Agreemen� should be changed to a perpetual document to run with the land, and all homeowners should share colleCtive maintenance responsibilities. � III. STAFF REC:ONiMENDATTON: Staff recommends approval subject to the fallowing conditions: l. Property be developed as a Planned bevelopment District. 2. Sewer easement be granted to Unified Sewerage Agency or City of Tigard to allow construction of sanitary sewer line through this parcel. 3. Twenty-five (25') fe�t right-of-way be dedicated on entire north property line on Durham Road, plus an additional fifteen (15' ) foot slope easement adjacent to the south line of the t'orty-five (45' ) foot half right-o£-way of SW Durham Roac� and within the 1a.mits of the one-hu�ndred (100') foot drainayeway easement. Five (5') feet be dedicated on 108th Avenue on entire eastern pro�erty line. 4. Non-rem�nstrance agreements be made a portion of the final plat and this condition be mac�e a part of each. deed far SW Durham Road. 5. A1.1 lots be platted ou�side the sensitive land areas. A Homeowners' l�greement (perpetual) be drawn which clearly states that eaeh property ownex will share in the ma9.ntenance af this drainageway. 6. Drainageway be cl.eared of all noxious vegetation and dead material under �he direction of the Public Works Director. �„ 7. �I�lf-street improvements shall be made on 108th Avez�ue pra.or to the issu�.�nce of Buil.da�sig pexmi�s. "' , ; t ' � ' . � � . . . � � � �.f ��.. . . � � . .. .... .. . ....... � . A STAFF REPORT AGENUA 5.2 - S 6-79/ZCPD 25-80 � TIGARD P�ANNING COMMISSION September 2, 198U Page 5 8. A temporary access to Durham Road shall be allowed until property to the south and west develops to allow future access to SW 113th Avenue. 9. °Te�orary turnaround easement" be granted to the City. Easeznent to be on Lot #6. Easement to be granted until temporary access to Durham Road is terminated. 10. Street plug to be installed on half-�street shown on plan as 110th Avenue. Street improvements to be made on right-qf-way to include cuxbs, gutters, storm drains, sidewalks, and pav3ng. Cul-de-sac (one-half) to be installed �.t Lot #2 just south of Durham Road. 7Cemporary access to be approved by Public Works Director. A cash bond sufficient to vacate the easement, restore, and landscape the access area according to the specifications, and plans to be submitted with the half-street improvement plans shall be provided. 11. A Homeowners' Agreement be pregared for the maintenan.ce of the sensitive land areas to include brushing, tree pruning, etc. prior to issuance of Building Permits. This A�reement shall be approved by the Public Works Director and the City Council. This Agreement to be perpetua]. and to run with the land. f: 12. A restrictian shall appear as a part of the fiiZal plat indiaating that each parcel owner shall not remonstrate against the future formation of a Loaal Improvement District ta improve Duxham Road. 13. All conditions under Title 17, Tigard Municipal Code, shall be adhered to in filing the preliminary and final plat for review by the various departments of the City. 14. No Occupancy Permits shall be issued until all conditions placed upon this aevelopment by the City of Tigard have been satisfied and. inspections verifying this have been carried out by the appropriate department. 15. Grading plans and construction plans on all public rights-�of-way shall be submitted and approved by the Public Works Director prior to commencement of worlc. Street improvements be constructed to the approval of the Public Works Director prior to the recording of the final plat or issuance of building permits. 16. Public �.vater service and 5anitazy servica shall be installed to �his site prior to the issuance of a Building Permit. 17. All Existing or proposed utilities shall be placed underground. 5treet lighting installations sha11 be approved by the Publia Works Dixector. � , f �. 4. ... - . . . . . . . . STAFF REPORT � , , AGENDA 5.2 - S 6-79/ZCPD 25-80 TIGARD PLANNING COMMISSION September 2, 1980 Page 6 18. No Buildi.ng Permit shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 19. A7.1 existing easemen:ts recorded with this parcel shall be rPViewed with applicant and the City prior to filing of a preliminary plat. �.v. i e�H �a2�d Pl�ng Director �v �i ti . _ � � , � STAFF REPORT i; AGENDA 5.3 � �i �� TIGARD PLANNTNG COMMISSION f; September 2, 19�0 - 7;30 p.m. '' FOWLER JUNIOR HIGH, LECTURE ROOI� 10865 SW Walnut Street, Tigard ; t''' �; I' y DOCKET: ZONE CHANG�/COMPREHENSIVE PLAN REVISION, �C/CPR 23-80 ;; (Roberfi Randa].1 Company) NPO �6 APPLICANT; The Robert Randall Company OWNER: SAME 9500 SW Barbur Blvd. , Suite 300 _ Portland, Oregon 97219 APPLTCATION DATE: August 6, 1980 SITE LOCATION: Northwest corner of SW Hall Blvd. and SW Durham Road (G�Iash. Co. Tax Ma.p 2S 1 11DD, Tax Lot 200 j . REQUEST: I'c�r a Comprehensive P1an Revision fr�m C-3 "Commercial Retail" to A�12 "Urban Medium Density Multifamily Residential" and C-4 "Residentia.Z Commercial". STAFE' NARRATIVE: � �. � The NPO #6 Plan allows for a mixture of apartments and commercial professional � uses .zn a Residential Commercial Zone which coinci.des with the applicant's proposal. The applicant is requesting the A-12 designation to ensure that the `.; propos�d use wi11 be allow�d to continue. A small neighborhood commerCial use is aceeptable. A large retail use is not appropriate for this site. I. FINDINGS OF FACT: l. The NPO #k6 Policy alYows for a maxiznum of twelve (12) dwelling units to the acre in a multifami:ly zone. ? � 2. The site is nat within any drainac�e basin, floodplain, sensitive lands a;rea or. greenway. `� "� a 3. The area to the noxth is vacant land; to the west are single fa��nily homes and duplexes; Tigard Hiqh School is to the southwest while an industrial park lies to the south. The Tigard hTater Treatment Plant is to the sostheast of the si�te. 4. Sewer service is ava�,lable �o the site off of Durham Road. 5. SW Hall Alvd. and SW Durham Road ar.e designated arterial. stree�s in t�e Tigard Municipal Code. j i � �� '��. .. ��.f.�.�.,. . . . . � � . . . �'�. � . . . . . . . � . � ....... � STAFF REPORT AGENDA 5.3 ��` TIGARD PLANNING COMMISSION ,�"' September 2, 1980 ZC/CPR 23-80 Page 2 II. CONCLUSIONARY FINDINGS: l. The proposed seventy-two (72) units are the maximum allowed in the 1�-12 Zoning on 8.66 acres. 2. Half-street improvements will be needed on SW Hall Blvd. and SW Durham Road. 3. Increased traffic loads could create problems at the intersection of SW Hall Blvd. and SW Durham Road. The applicant should work with the Oregon Department of Transportation (O.D.O.T.) on this intersection. 4. The Tigard School District should be contacted regarding the impact of the proposed project on school�. ITI. STAFF RECOMMENDAT�ON: Staff recommends approval of a Comprehensive Plan Revision for this site subject to the following conditions: '� � l. Half-street improvements will be made forty-five (45') feet from the center�.ine of SW Hall Blvd. and SW Durham Road to a11ow for a future ninty (90') foot r.ight-of-way. Improvements include curbs and sidewalks. 2. A traffic analysis of the propos�d project impact on SW Ha11 Blvd. and � SWDurham Road wi11 be submitted to the City of Tigard. The findings shall be reviewed by O.D.O.T. A traffic signal shall be installed at the intersection of SW Hall B1vd: and SW Durham .Road if necessary. 3. Improvements to 5W Hall Blvd. shall be approved by O.D.O.T: 4. Site drainage plans shall be approved by the Planning Director and Public Works Director. 5. Final approval of this project is subject to Site Design Review by the I Planning Director. 6. The project shall be reviewed by the Tigard School District. � i 7. No Occupancy Permits sha11 be issued until all conditions placed upon this dev�el.opment by the City of Tigard have been satisfied and inspections ' v�rifying this have been carried out by the appropriate department, i 8. No ahanges will be made to approved plans or specitications unless formal application is made to the appropriate City department and changes are - ap�roved by that department. Application for changes will be made in � �� ,� writing and sha11 include applicable dxawings.. � � STAFF REPORT � AGENDA 5.3 TIGARD PLANNING COMMISSION September 2, 1980 ZC/CPR 23-80 I Page 3 9. Grading plans and construction plans on all public rights-of-way shall be submitted and app rovad by the Public Works Director prior t,o commencement of work. Street improvements be constructed to the approval of the Public Works Director prior to the recording of the final plat or issuance of Building Permits. 10. Public water service and sanitary service shall be installed to this site prior to the issuance of Building Permits. ''� 11. All existing or proposed utilities shall be placed underground. Street I lightin g installations sha11 be approved by the Public Works Director. li 12. No Building Permits shall be issued until the expiration of the twenty �'II {20} day appeal period from the date of approval. 13. Improvements may be bonded prior to issuance of Building Permits, however, a11 improvements shall be made prior to issuance of Occupancy Permits. �(� ' � � 4 � Gn��e� �� 1� r':"=`°'° Prepa by Elizabeth Newton, Approved by ,; ;''� Planning Intern ni ^"Director IR�o�� R � < STAFF REPORT �?� AGENDA 5,4 TIGARD PLANNING COMMISSIOIV Septeznber 2, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Ti:gard DOCKET: ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 1-80 (Copper Creek) NPO #6 APPLICANT: TUALATIN DEVELOPMENT CO. , INC. OWNER: SAME 15300 SW 116th Avenue Tigard, Oregon 97223 REQUEST: Fnr a Zone Map Amendment from Washington County R5-1 to City of Tigard R-5PD "Single Fami.ly Residential Planned Development District" for Stage I Copper Creek - General Plan Review. AND For a Zone Map Amendment from Washington County RS-1 to City of Tigard R-7PD for Stage II Copper Creek. LOCATION: South of Durham Road, east of Serena Vday a•t Pick's Landing Subdivision (Wash. Co. Tax Map 2S1 14B, Tax Lot 100) . PREVIOUS AC'I'ION: � Original application was made on January 3, 1980. The Planning Commission tabled the original application on March 18, 1980 to allow Staff and the Applicant to work out major difficulties. Applicant requested that Stage I be reviewed by the Planning Commission in a letter dated March 27, 1980. On April 15 , 1980, the Planning Commission agreed to review Stage I - twenty-three (23) lot subdivision off Pick's Landing, Serena Way. On May ?.0, 1980, the Planning Commission approved the Preliminary Plan for Stage T with modificatians to Staff Recommendations (Reference Minutes of May 20, 1980 Planning Cammission Meeting) . The Planning Commission approved Stage I and Stage II at a meeting on July 8, 1980. The City Council remanded the Zone Change Ordinance back to the Planning Commission on JuZy 28, 1980 with a directive to reduce the number of lots to approximate R-7 zoning, eliminate the "private drives", and address the "piablic streets" issue. The applicant has reduced the number of units p�'oposed in Stage II from 130 to 115. Stage I remains the same with fourteen (14) R-5 lots, and one area along Durham - Lot 116 on the latest plan - remains undeveloped. The Council did not express any concern relative to Stage I. However, the Ordinance was for Stage I and Stage IT, therefore, neither Stage was approved. In this case, Stage T wi.11 be exactly as stated previously in the Staff Report dated July 8, 1980. � Stage II will be ch�.nged ta ref.lect a new subma.ssion. i STAFF REPORT '� AGENDA 5.4 /3CPD 1-IIO � TTGARD PLANNING COMMISSION September 2, �980 , Page 2 STAGE II (R-7PD) COPPER CREEK STAFF NAR,RATTVE Density calculations are as follows: Total Site Area 39.38 acres Less Stage I 2.7Q acr�s I,ess Lot 116 2.50 acres Less sensitive lands 11.50 acres `L2,68 acres Less public improvements of 22� 4.98 acres STAGE II BUILDABLE LAND 17.7 acr�s 17.7 x 43,560 square feet/7500 square feet = 103 Units, Stage II Lot 145 (later) - 15 2.5 x 43,560 square feet/5000 square feet 1:18 STAGE I 14 � 132 TOTAL UNITS The applicant is proposing to develop 115 lots with an avera�e lat s,ize of 6,679 square feet. Lot 116 will be developed at a later date and cauld support �pp roximately 15 1ots. 115 Stage II, 14 Stage I, 15 Lot 116 = 144 Total Unit$ This proposal is for twelve (12) lots over Staff's computations at 7,50Q square feet per l.ot for Stage IT. Lot 116 could be developed later iu�dex an R-5 Zone designation. The question is: 5hould the full 7,500 square feet minimum un.der Rr7 be followed? I. FINDINGS OF FACT: ].. This portion of Copper Creek is desi�nated on the Comprehens.iye Plan as R-7 and R-20. There is ap�roximately 1.5 acres, of ,floodplain inclt�ded on the Tualatin River. Applicant does not propose to deyelqp in th_e R-20 area (5.47 acres) designated as open space. 2. The NPO #6 P1an denotes an area af open space between the flaodplaxn. an d the 132 foot elevation. Applicant does not prapose to deyelop 3n. this area. �. � i STAFF REPORT �.., AGENDA 5.4/ZCPD 1-�0 , �� TIGARD PLANNING COMMISSION September 2, 1980 Page 3 3. Approxi.mately five (5) acr.es of this property is drainageway. �I, , 4. Applicant has requested th.at lot 116 not be developed at thi.s time (2.5 acres) . I 5, Density calculat.ions would allow app�oximately 103 units to be built on buildable portions of site. Underlying Z�ne is R-�7 with 7,5Q0 square feet er lot s he t t t t ` ll p a a minimum. T ma�c�r3 y o,f the lo s presen ed in ha.s prop�sal i are below the minimum allowed by Code. Under the Planned Deyelop,�ent designation, an increase in density� aould Iae allowed. The Planninc� Commission has considered this 3ncrease in the past, i� the developer dedicated land for public us.e. Appliaant has agreed to dedioate 1.5 acres of floodplain. 6. Al1 public ri�hts-of'-way are shown as fifty (50' ) feet dediaated with full-street improvements, It. Ct�NCLUSIONARY E'INDINGS: l. Applicant is proposing a density abov� the R-7 Zone allowance. The Planning Commission must decide whether or not to a1low� this density under a Planned Development designation.. ' 14 � 2. The drainageway clearin� and improvement should be carefully repiewed with Applicant to ensure that the area is protected and maintained. 3. Deed restrictions need to be added to ensure non-remons.trance against the improvements to Durham Road in the future. i 4. A1'1 open space and floodplain areas should be dedicated to th.e City tq contin ue the park area along the Tualatin River. 5. Future development of T�ot 116 should be subject to Planning Commission approval. Access to this parcel should not be to Durh.am Road. 6. A bus shelter and pull-off Iane should be provided along Durham Road to make use of �ublic transportation to serve the future needs of prospective residents. ' III. STAFF RECOMMENDATIGN: Staff recommends approyal of the Preliminar,y Plan for S�age II �tith th.e following conditions: 1. Planning Commission to diatate speci,fic density for Stac�e II. 2. Lot ].16 to be presented befoxe tlze Plannin� Commission a�t a later date, � .r STAFF REPORT � AGENDA 5.4/ZCPD 1-80 TIGARD PLANNING COMMISSTON September 2, 1380 Fage 4 3. Temporary access to Durham Road shall be granted for a period not to exceed two (2) years from the date of approval of this Zone Change. An application for extension of t,his time may be made only if access through Kneeland Estates, a new Subdivision to the east, is not available. Provide �lans for restoration af temporary access, tYie cost of which is to be incitlded in the public improvements' bond. 4. Specific plans shall be submitted to the Public Works Director for a11 work proposed in the drainageway. Plans sha11 be approved by the Public Works Director pr�ior to commencement of any work on the site 5. Deed restrictions shall be made a part of the Declarati�n of Conditions and Restrictions clearly stating that each property owner sha11 agree not to remonstrate against the future improvements to Durham Road. This statement shall be included on each deed, and if it is not, Tualatin Development Company, Inc. , the Applicant, hereby agrees to sign a Non-Remonstrance Agreement for the impXOVement of Durham Road for the entire parcel being cansidered as Stage I and Stage II Copper Creek. The Declaration of Conditions and Res�trictions, Purpnse of Assessments, � shall include language to provi.de for dr�ainage and erosion control.. 6. All lands s�uth of River Wooc� Lane except platted .lots, soutY� to the Tualatin ztive•r, shall be dedicated to the City of Tigard for open space/ parlc purposes. A metes and bounds legal description for this land shall be made a part of this dedication. Dedication sha11 be made prior to the issuance of Building Permi.ts for any unit constructed in Stage II. 7. A bus shelter and turn-out lane shall be designed for Durham Road abuttiny this property. Plans shall be approved by the Public Works Director and Tri-Met prior to the issuance of Buildin� Permits. Bonding shall be provided. 8. Applicant sha11 apply for permission to operate model houses in conjunction with this development. All signs within this development shall be approved by the Planning Department prior to instal,lation. 9. No OcCUpancy Permits shall be issued until all conditions placed upon this developmen� by the City af Tigard have been Sati.sfie� and irLs�ections verifying this have been carried out by the appropriate department. �.0. No minor land parti�ions shal.l be made in reference to this project unless formal application is made to the City of Tig�rd Planning Department and the minor land partition is app roved and recorded. .� P . STAFF REPORT �� AGENDA 5.4/ZCPD 1-80 TIGARD PL.ANNING COMMIS5ION September 2, 19$0 page 5 i �i I 11, No changes will be made to approved plans or specifications unless f,ormal � application is made to the appropriate City department and changes are � approved by that department. Application for changes will be made in 4 writing and sha11. include applicable drawings. �• 12. Grading plans and construction plans on all work shall be submitted ` � and appro�ed by the Public Works Directox� prior to commencement of work. Street improvements be constructed to the appraval of the Public Works ; Direr.tor prior to the recording of the final plat or issuance of Bnilding �I Permits. i 13. Public water service an� sanitary service sha11 be installed to this site prior to the issuance of Building Permits. 14. All existing or �roposed utilities sha11 be placed underground, Street liglzting installations shal.l be app roved by the Public Wor]cs Directar. 15. No Building Perm.i.ts shall be issued until the expiration of the twenty (2�) day appeal peri.od from the date of approval. ; k� 16. That a bike path shall be constxucted cannecting Pick's Landing with i' �: Cook Rar3c. �`� fi" i; � � � t,� I S A oward Pl ing Director ; � ` �� r.,, ti;.r: i"� �= �'� � „t � _ � � „� STAFF REPOEtT } � AGEI�DA 5.5 TIGARD FLANNTNG COMMISSION + September 2, 1980 - 7:30 p.m. ' Fow_ler Junior High - Lecture Room � 10865 SW Walnut Street, Tigard � � 'i ' ; DOCKET: VARIANCE, V 11-80 (T.D.C. Brookside Condos) NPO #6 APPI,ICANT: TUALATIN DEVELOPMENT CO. , INC. OWNER: SAME 15300 SW llbth Avenue Tigard, nregon 97223 i RF7QiJEST: For a s�tback and height variance for ane building (#580) within Summerfield Brookside Condominiums off Highland Court. LOCATION: Between Iiighland Court and Durham Road (Tax Map 2S1 lODD, Tax Lot 7800) PREV20US ACTION: On March 22, 1977, the Tigard Design Review Board approved the site plan for Alderbrook Apartments - name later changed to Brookside Condos. One of the conditions of approval was that "13. All buildings adjacent to the single ��,,, family residences shall be single storya" The property owner to the north �, objected to the constructian of a two stor_y unit adjacent to her single story residence. The City placed a Stap Work Order on the Construction of Building #580 until this issue could be resolved. The Tualatin Development Company is a.pplying for a setback variance from thirty (30') feet to thirty-five (35') feet and a height variance for a two level structure. I. FINDINGS OF FACT: 1. The structure in question has been constructed and is two stories high. 2. The setback shown on the plan is thirty (30') feet. Applicant is requesting an addition af fi.ve (5') feet. 3. The physical level of the new building at the peak of the roof is approximately six (6') feet higher than the peak of the single famzly home on Highland Court. 4. The new bu�lding cannot l�e seen from Yns�.de •the home on Iiighland Court. 5. A strsct interpretation of th�e cnnditions of develogment placed upon, th� Brookside Condos project would siaggest that a viola-tion has o�curred. However, the structure has been buil.t. i .. . .��.�,i . . � ...�..��I . STAFF REPORT III �s, AGENDA 5.5/V 11-80 , TIGAE2D PLANNING COMMISSION � September 2, 1980 :� Pa ge 2 , ';; 6. A variance to increase the setback is not necessary. A variance from the single family unit is not really the issue. The question is - should Condition #13 of Site Design Review, SDR 4-77 be altered in this ; instanCe? II. CONCLUSIONARY FINDINGS: ' ,:; 1. A violation of a development condition has occurred. However, the ; physical impact is not that abrupt due to the fact that the new building differs in elevation from the single story residence of only six (6') feet. From within the residence on Iiighland Court, the new structure cannot be seen. 2. The setback variance is not an a.ssue as it is more than �was originally approved. 3. T�e �variance in height request should be a variance from Gondition #13 o� Site Design Review, SDR 4-'77. III. STAFF RECOMME�VDATION; f� Staft recommends that Condition #13 of Site Design Review, SDR 4-77 be changed to allow the new structure to remain as constructed adjacent to a singl� family residence on Highland Drive. '.�a lesspn the visual impact from Eiighland Cau�t, Staff further recommenc�s that a landscaped berm be constructed across the area in front of Building #580 to screen this building from Highland Court. Plans for this to be approved by the P1.anning Director prior to the removal of the Stop Work prde r. r � ard P, ing Dir�cto.r r i • � . � ' � �, ' Q� �. 1 t �N`T4v9�9 r4 \�,,~i.�2'� �'j�� .9,L r�� I � • � I� Q �. SQC�t7 �►5C1,,,�FF` �:��1 � Z r �, O�.� � , t � M m1IQ w ,��, q A3 s N�� 14! �\ �� a M O (']� 4) � �a y �� 'O�CY. �,\ . .� •1 Q1 � � � 7R C�i 1 \ ) ,� :� � z IQ� �V w` s 31 R� �s?, i i07,63 '•� 73.55 �� .• ,. ..�•w-•'� ;M ' ( 233.13 o qU' W 358 1t '� � IR�oa . � 5 89 ST. DED 9`��340 �'$ � � SUMMERFIELD � a ,y 6 59.A 9 ._.._.�. � ..--: .--.." N 89° 30�E '�"'"• '^"'�'� A+j� , . .. N 89° 30�E 294.11 964.79 '�M �y 69.17 � • � 7i�� i ,1 gppp9F 780� "r� f~ J� �4 � � �� • � a��00 s � "° /� ,�97ati s� '�'o , �°s j' m`'' 8200 o F : � . TF2� '�, I 296 s �� • " � ��J,r 'sa/� 0`� 83�0 2O9 TRACT K . N � i � , 3 N . � � � s B °Q, ,�,�2 9 9 J2 G O L F COURSE � I s�� / s� �y 8400 �e�,8,5 8, COMMON Afi'EA 3./5�dc. ; �0 � a ^J300 ss z, f � !, �o�, ,�\ L r s '/�j 0y 8500 � w�sr ' s I � � � 01 � 0 97QC � .�„ � � � 0 3 1 3 J..�,a '�i 1, ✓� o o a 8 6 0 d s9 i v a oo, •��^ a � :�v so _ , ? �° 9600 F L�/ J? �'.o�' !302 � , B�oo� T00 J ; ` q, s? 3� ✓ 0`'�a 87Q� � ' �`;� Tir�312 �0 9500 �s p w� ��. 3039,g : ; ! � d n�, �� q� 3� 9u0'-'S W me m TR �� S 311 a° �9400° g ? N6 \� � p '�'°;, o . . Q � �, I ti ti � 310 �o � � �88A�,30�F�;N W; Z � GULF COU rq � � o� I ��. y 9300 �'� 'l°�g� �'�89002 9s,w f� °'. y �COMMON W� �N I ti��, en 309 o ti�ow ~vs�, � ^',:N 'b Y+� 'n I `bo• yti o°' ,y' ' a.v °o• 305 0°` o' "� ' A`8'' � 0~ � p a 9 4 Q Q �� ' an; � . 3� p 3 �� N 89°I� 0"E . � OI e �- ' �,� y� sz x "� q M1 ti, y�9100� 30�,6 �,�� 2500 ��2400 �3 � . Q � 4O I U s sok yti �os° 307�� ti*0 ea s�a3o 32 p�m 31 � 3Q. �m � 9200 ° q'� y�, 0�9+2600 �,� � = Q.oe,a 5z uf tro i� � F` N 8' I6 30 1 � �" �J, °� 308 �ze �3 . � I `�Ti;. `+ �U 3 5 igoOp.�y p� rv R=34a �. 'Y 'b , o -331 j�g `� . �� . a 2.700 ��E a, � an.so " , �4 h ja).� C�� y� �� N+ .N O 3 p 9 3 2��0 - o �o� o �' • - 3A� S`° 65 2$UO �q � ^ ¢ z � �; o � � 6rO' r`�' ^ 36 0�e' mI� I � � . 35 � �� , (.,i I o 5g z u 1�6.1tt � _� I2 _ z N 99"SZ. ,� ._._.�--- ��i IS �NAINR 1 ��_ , � �� ,• . • � � .2` W � c R9°.72.Dy,��M �69.7.D rtJ� .S.Z)> 32'07.. W,.. L� � �.� *�,. �Y . —.� 'I. ,.. � Et 'NY!�.'-�►.�MwY1'�.wAi.A�s�.��nr ,. . � �..��A�j �. �Y , �+M•rwiur�.. . . • 1.�Y.�H.��II�r • �+i�� Y ` t`. �''�. � � r �� STAFF REPORT AGENDIi 5.6 TIGARD PLPlNNING COMMISSION September 2, 1980 - 7:30 p.m. Fowler Junior_ High - Lecture Room 10865 SW Walnut Street, Tigard No submission of additional material by� applicant shall be made at the Public Hearing unless the applicant is requested to do so. Should thi.s occur, unrequested, the item will be tabled until the following hearing. DOCKET: MISCELLANEOUS, M 6-80 Sensitive Lands Perm3t (Tualatin Development Company, Inc.) NPO #6 APPLICANT: TUALATIN DEVELOPMENT CO., INC. 15300 SW 116th Avenue Tigard, Ore gon 97223 REQUEST; To construct a sanitary sewer line from Durham Road at 108th Avenue south to the Tualatin Va11Py Interceptor line between King City and the Durham Waste Treatment P1ant. LOCATION: Between the east side of 113th and the west side of 108th, south of Durham Road (Wash. Co. Tax Map 2Sl 15A, Tax Lots 1000, 1100, 1101, 120�, 1300, 1500, 1501, 1900, 1901 & 2100j � I. FINDINGS OF FACT: 1. This sewer Iine will serve a portion of the Summerf.ield Development no.rth of Durham Road. At the present time, a pump station and pressure line t.ransfer material to the Durham P1ant west along Durham Roac7. Thia gravity line will replace the existing pres�ure line. 2. All construction within sensitive land areas shall be reviewed by the Planning Commission. II. CONCLUSIONARY FINDINGS: 1. The Unified Sewerage Agency of Washington County will review �his. project and supervise installation through the Tigard Engineering Department. 2. The project is needed arid has been anticipated for two years. IIT. STAFF RECOMMENDA'I'TON: Staff recommends approva.l subject to the following conditions: l. A1.1 engineeri.ng plans sha11 be approved by the Unified Sewerage Agency (U.S.A.) and the Department of Environmental Quality, and the City ot ,- Ti gard. �. � E 1 � . �J � ' � .. . STAFF REPORT ��r AGENDA 5.6/M 6-80 � TIGARD PLANNING COMMISSION September 2, 1980 Page 2 , 2. A plan shall be submitted to the Puhlic Works Director which shows the locatian of all trees ten (10") inohes or m�re located along the proposed ! r_oute of this line. Staff shall physically review this plan with a representative of Harris-McMonagle As;sociates to mark the trees which � shall be removed due to construction. An effort shall. be made to j preserve as many trees as possible. 3. The drainageway and all other land involved with the praject shall be maintained and returned to an acaeptable standard during and following construction. This standard shall be determinad by the Public Works ; � Director based upon City Code Chapter 18.58 and guidelines of the MSD Stormwater Management Design Manual. 4. No connections shal]. be made to this line in the future unless property r�questing service is annexed to the City of Tigard. (The Unified Sewerage Agency has been notified of this condition and agrees not to allow connections unless Tigard authoxizes same.) �. � 5 r � � d' �° ��""��-. rd axi ' g Director ,'� � � x {, �; .... . . �. . .... . . . _ . . . ... � . � . � . � . � �..;J ��;;�... . . . . � . .. STAFF REPORT AGENDI-1 5.7 � ��' TIGARD PLANNING COMMISSION September 2, 19'80 - 7:30 p.m. Fowler Junior High - Lecture Room i0865 SW Walnut Street, Tigard DOCKET: CONDTTIONAL USE, CU 12-80 (Richard Cochran Tire Sho�) NPO #1 APPLICANT: Mr. Richard Gochran OWNER: Mr. Alex Finke 11400 SE Bel Aire Lane P O Box 23562 Beaverton, Oreg�n 970d5 Tigard, Oregon 97223 REQUFST: For a Conditional Use for a tire shop LQCATION: 12533 SW Main (Wash. Co. Tax Map 2S1 2AB, Tax Lot 2100) I. FINDINGS OF FACT: 1. Under Chapter 18.30.020 of the Tigard Municipal Code, automobil.e parts accessory sales and automobile repairs are allowed as a Conditional Use in the C3M Zone. 2. NPO #4 Plan allows automobile service and accessory usc�s as a Conditional Use in a C3M 2one. ;�'� IT. CONCLUS20NARY FINDINGS: x ��:' l. The owner will make necessary parking av'ailable with the use of Tax Lot 2100 for parking exclusively. III. 5TAFF RECOI'�IMENDATION: '�'he Staff recommends approval of this Conditional Use wi•th the following conditions: 1. The entire project is subject to Site Design Review by the Planning Director. f i' E � a t t �, , S . � .. ._ . ;. �. P�epared by �liz eth NPwf:on .A�i�roved b+� } �lanning Staff ' g nireCtor z � �� k s �' � + . �., ' . .. �.x . .. � Richard Cochra�n �,, a 1400 S.W. Hel ,f.re Lane ' ' $eav�rton, Oregon 9'70(D j ' �� Au�ust �5. t9eo , .4'lax�ni.ng Commission . Ci�y of 2igard . � 12420 S.W. 2i�in Street� � . ' Tigard, Oregon 97223 � . � Dear Plapaing Cominiss�.on: � �ppl�.cation is bei.ng a�ade ta req�esi. a condit�.o.�aal. use perm3:� fox , 12�33 S.W. .liai.n 3treet. �y intention is �o open a t�se shop,, Tku.� contorms �.°ith Tigards Iddo��ed Comgrehensiee P�.an- �A.�his za�e._ , � � With this can�ral Tigard locabaan..;c,i$izens can have a dox�tawn �kav�a to consider Sor �ire �urc�asas. . ' � � . Th�re xi;�,l .be �irtu�lly rxo nd�ersa envirassm�nfi,a1� ecoram.ic o� soc3.a1, , changas. In ot�� pl�ns xe intend a fac� 2ii't w� the a�isting bui.Lding. • Thi§ location shoul.d have a pasitive �ffect, on the a�jyeent sites because of the comtn.erca.al clientele xe hoge to attrsct. Aablic services jri.11 be onlg those r�esded for a�r ratail shvp.. Thnnk you for yo�� c z�sideration. Sin�ce ely yaurs, ,. • �y�'c�+�„� aiahsrr3 .hrs�n � � • . �. , ,, ., ., .___ _. _:..._,_..._; :: . '.�. . ' . . . ... . .:. � . . . . .. . Y:+ . . . ..�. .. . . . . . . . . , , '��, �, : ` ��'�u��I�s\ p ��. �� . f . . � � � ��*°�```��fF ~ ` , �.; + .7JA�, � .�� . �. / `a i •� � E b'�i '.. � . ..� °,� �`••,� C �'�. �., ' . , /�lOsic. ' ��j � '`�•.. ti � � '••. Ii . . '� �-. / � � � ! � �• r . 'f � � . i . � o � . . <, • �, • 1' . � `�. �a 3 , . . . , . . � . \ . - e �yp� ,. . � ;� ., �� . . r . , f` .. . ' 1,23�;c. . �° C,� . %` ' . �� 3, ' . To �\ . 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E, y, �',�'' ,: � � • . � . , , ' � �� S � v° 7''d, �J'^�,� "_ / . . f '� r. S�; �s. /� ��.�� ki . f�� ` 1,, r ' /m�'�3C7QQ � �r t� ' ' / j �f .,� ��0c,' a •" , , '' J�391.'` � , � . ' , 9 f' `)� � e� N�• 28�� \.t� � � . � .�' � ` �� = .� ;. , •, • � . ' ��1�� `�e� 6f , � +`�1�� .,23E� `tZ ;�; : i�� • . • 4 , .�� ' � � ' / /'•. � �� \� ��.5 � 76�G��` �t `�,��Ay rl�p ��'�. . . ' ` � � � • F . ', R \y `�}. A ,/ . � }`�� 3� Y• \u � . � y � 9 e° � 1 ,i�� . � �� '�. \. , . , � O � n . , . o r � . \ 4� �� 11�� , . ' . � p\ A \c" � \ ,.7 Y. �/J//,�i. . �.�. l � . 0 � 1 � . ' �f ' . I�.�: � �� h � 4 ,I 7"� � .. . J . / , . . . . 2400 ,,. • , ,� s . ` .,.r•P+' � . ,�..T•• ,� �,i : l � . � �J� T� 6t .z�'�'�;;`'E,�t��r . y '�f'''�� -\ . � � ��. '' 210G ��?=1 "'� i'. ��ti > !' ' ' ~a° .. ` �/ . , � ryq 4,\,t�1. OJ,� 4°�' i� \ ;��O /�0�%' � r �cf�i .3uQ sr `�'t�� u'1'� � '"1 '� �, � y N 9,q ?�'�"V� ��• �� 11 , . . o i �� / , � i 9 1 , o � . . � 2V00 ��' 2rN'' ,.: ,i '"`� I�l�fi�ra` 'f i761J NS2pg�'E Ttl, , f . . � ar�� ' -' �iNnf��f+ //� N[.COHHEROf fNE i �. ,�?f7C � I�1j1�/��f� o� / �UU7H '/2 OF J�NrI / '. � ' � � 2 ,�l'Itl��li � Micr.un o�c 3r�osr �t` �� I�jJN� NCK1nEN�Y CJRhEN OF ` . .� �'lI• ' � FiURtiMAM T��.:T• ' f; � �6.V ;� . /' • • �, ' �'` 5a'sa•w;.' ^ � ' ' � . �" � � �6 .�� , � . . . , . �.. �' i 7 y `ti � � . r �.`i � ' �'' ' �,' • �; : , • , � .•- ��'' SEE �,AAP • . {� � • , , �' .�5 1 2 A� �:. . r . �n! �'� , , �� ,. . ' '. . � y.'•' . / . , r ' • ' . .• .. -�. � �. , . � . , . t. j. � . . . . '�' t ' • �j�:j. . , . • . ' � • kl , • • . . , N �"r��r � � ' � • � '. • . . .... �- • • . c ��:t`7t�t+�...',�.-s-^....-:�-+-^.�-•t'+"_e^----r-'s�-�*s"'+*T"�"T�..;�.w'�n.�"M+++^rir--.a«'.•,�rr�*i�+T"�wrrr--�-�r-e^'.'-.....rn...�. ._.....,. . . ... �� . ..... �.. ...-. .... � P� E MO RANDUPQ Date: August 22, 1980 T0: TIGARD PLANNING COMMISSION/MEETING OF SEPTEP�ER 2, 1980 FROM: Aldie Howard, Planning Director SUBJECT: ZONE CHANGE PLANNED DEVEL�PMENT, ZCYD 13-80 and MISCELLANEOUS M 3-80 (Kittleson/Brown) STUDY SESSION i The Planning Commission denied a Pr�liminary P1an P,eview for this li project on July 8, 1980. (Reference Staff Recommendations ZCPD 13-80 attached) . The Planning Director was very specific in this regard and the applicant was to address these concerns pr.ior, to a reetarn before the Planning Commission. (Feference letter from F. E. Edwards of Harris-McMonagle Associates, Inc. dated August ]4 , i980 attached) . The applicant has calculated that no �ortion of any structure wi11 be constructed in the floodplain. Sixteen ( 167) percent of the total � site wi11 be used for buildin s (4,63 acres) . The ma'orit of the I, g J Y parking area is within the floodplain (2.71 acres) and the majority of the �ub'lic street is proposed within the floodplain ( 1 .79 acres) . The buildings, parking areas, and street as proposed will use ]0,04 acres of the 26.57 total site or thirty-eight (387) percent. Herein 'I lies the crux of the issue. � In �he past, the Planning Commission has clearly stated that the buildable �I ,-;~ portion of property is calculated by talcing the gross acreage and �, subtracting from that area the sensitive lai2ds, public i.mpxovements, etc. The land remaining is then the buil.dable portion - net buildable area. Our tax maps show the following tax lots and acres : Lot 700 - 9.50 acres Zot 1400 - 11 .70 acres Lot 100 - 5.37 acres 26.57 Tota1 The applicant`s figures indicate that of this total area, 15'.3;3.acr�s are out of the floodplain and could be developed. This leaves a ba7.ance oF 9,80 acres in the floodplain/greenway. It is the opi,nian of Staff that the floodplain is to be protected. Granted, as the applicant points out, the Tigard Municipal Code allows parking and roads in the floodplain, but we have always examined a11 encroar_hments with a very critical e.ye. Only in extreme cases have you allowed very minor developments in the f.loodplain. Th.is applicant proposes to put a7.1 tlze parkin.g and a11 the public street rights-oE-way in the floodplain. �. , .�,;. ZCPD 13-$0/M3-80 Page 2 �: StafF feels ttiat develo•pment should be a1'lowed on approximately six (6) acres. The flood�lain should not be used for parking or pub'lic streets. This area floo�is regularly. The ingxess/egress on Bonita is dangerous at 74th because of the elevation differences and the railroad crossings. Staff is working on a railroacl crossing to the north, but it shauld be clea�ly understood by the applicant that the City wi11 onlq sign the crossing application. It wi11 be tha appliea:nt's responsibility to contact the railroads and the P.U.Ca The public versus private str�et issue has been addressed by the C.ity Counci7.. Public streets will be built. The applicant is requesting "conceptual approval". When you denieci this application in May, the terms L-or re-hearing were specific. Staff suggests that tliis applicanC address all of the issues before the ' Planning Commission hears any f-urther discussions about this projeeto � :Csuues to be addressed are: ; 1 . A developmen,t plan be submitted which does not invalve �ny portion of the Lloodplain for buildings, streets, or parking ar�as, �� 2. A public street system be dev�loped shnwing alignments to the nprth over the rai7.road tracks. 3. �1 detailed plan be provicled which seeks to solve the traffic difticulties on Bonita Road at 74th. Avenue. ;r Staf.i has explained to this applicant that the floociplain/greenwa.y area is to be protected. The applicant has not znade any atCempt to change l�is plan. Staff feels tha,t �he "conceptual appzoval" routine is an E attempC to get the Planning Commission into the compromising position of � desi��ning this projPCt �or the applicant at a public meeting. Y � , , ; � � t �; �, �;1 f �.� � � � � �: , � f k ; � �, �;. _._: . __ � _ _ __ , .� . . . . ...�� .�::... ....:.�,.:.:...,�..:._...�..� . ., ..._. . . .., .. ._..._ � .,. . .,_...., ..._. ............� ... ..r ,.,...,.. .._.»._.,.v,..� Harris-McMonagle Associates, Inc. ENGINEERS•SURVEYORS �� 8905 S.W. COMMERCIAL STREET 71GARI), OREGON 97223 � Tclephone 1303)639•J453 F�u ust 28, ..1.�.8� �.. �_...,.,, Mr. Aldie Howard Planning Direc�or City of Tigard 12420 S. W. Main St. Tigard, Oregon 97223 Re: Kittleson/Brown Dear Aldie: ' As Per our conversatyon on August 26, 1980, we are submitting a revised site plan which we understand fully �at�sfies all of your concerns expre5sed in previous meetings and letters. The developers will not be constructing buildings, parking or roadways within the 100-year f�oad pia�n. � �,, The developers will be emphasizin� phasing of development such that Phase I wili meet the spirit af the ordinance limiting cul-de-sacs to 400 feet. We � concur with your recommendati�n �that the actual public street as shown extend past the building, necessitating a temporary va.riance in street length. Phase I will proceed with dnsign and cnnstruction upon approvals, Phase II will not proceed towards final approval until the developers have secur�d a public street acce�s to the Northeast crossing the railroad. It is anticipated that this will take about one year. _ Phase III - No attempt will be made on this phase unti� Phase TI require- � ments have been satisfied. Our analysi s o�f �the traf�Fi c s�i 1:ua1:i on o'n S. W. Boni ta Road shows that at 30 M.P.H. a stopping site distance o�' 200 feet is requirede I� should be noted that because of the �brupt vertical rise over the railroad tracks that a car is � forced to slow to approximately 10 to 15 M.P.H. to cross the tracks, tnereby � greatly reducing the required stopping distance. � The clear-vision distance from the easterly rai1road track to S. W. 74th ' Avenue is 204.0 feet and the distance to our proposed entrance road is 310 feet. Si , � is-McMonagle Associates, Inc. By E. E. Edwards EEE:ds �. " �.. • � - � " 4 " +a, ST�F REPORT ��~,, � AGE�A 5.7 TIG� FL.3N�lxti'G CO,•�•tISSION , May 20, 1,990 - 7:30 n.�. . ' E'owler Ju.�?or Fiich - .Lectur� Room • • � 10855 SW WaL.nut Stxee•t, Tigard , � DOQtET: ZOe� CHe�,.vGE PLANNED DEVELOP�!EIVT DISTRICT, ZCPD 13-8Q and "'- SENSITIVE LAi.'VDS PERMIT, M 3-80 (KITTLE50N/BROF]1�I} APPLICANT: Raynond J. Kittl.eson and OIJ�TER: L. R. Davi.s and • Milton o. Brau�r! R. M. Starlr�aeather Rt. 2, Box a74K 74I.5 SW Bonita L: C:r.t�r, t�7.�shingto,� 98b�9 ' :.i.y^;zd� Oyeg�:Z °7Z2.'. AFPLICATION DATE: 4/30/80 REQUEST: For a Preliminary P1an Review �or a Planned Unit Developnent . in a L3.ght Industrial Zons and Zone Map Arr�nc'lz��r�t tor A) R-7 "Single Family Resic?enti�.l" to M-3PD "Light Tndustxial Zone Planned, Development District" on Wash. Co. Tax Map 2S1 ].� Tax Lot 1400; E) M-3 "T,ight Ia�dustxial Zone" to DI-3PD ."Light ' Industrial Zone Planned TJevelop�at District^ on Wash. Cq,. Tax blap 2S1 12A, Tax I,ot 700 and Tax Map 2S1 12HA, Tax Lot 100. `` � LOC'_ATIOiv: 7415 SW Bonita Road (Wash. Co. Tax Map 2S1 1, �'ax Lot 3400 and Tax �+.ap 2S1 1�BA, TaK Lot 100 and Tax Map 2S1 12A, Ta� Lok 7001 . I. FINDINGS OF FACT: , i 1. Tax Lot 1400 appears to be vexy close to eighty (80�� perc�nt withi,n t,he one-hundred-year flc�vdplain of E'anno Creek which is a designated' gre�nway area. The majority of land vn Tax Lot 700 is in the floodplain anc3 designated Gzeenway. Tax Lot 100 is abvut fifty (50�) percant 'ia the floodplain/' gre�nwa•,�. The adopted Com.pzehensivz Plan Map clearly defines these ax�as and future reference is ma,de to these areas in the Envixonrental Desi and �?pen S�ace Pla.n adoptad by Council in August of 1977. 2. Policies 1 �hraugh 6 on pages 9 through 11 0£ the Environmental Desi�*; �.�a Open Space Plan clea'rly indicate thatthese areas are to be protecte~d; 3. Cnap�er 18.�7 5ensizive Lands, 5ection .010 Statem2nt of Tnten� sfiates "Sensitive lands are lands potentially unsuitable for development because of locatian wi.th�.n the one-hundred-year floodplain. ..." ' $+'C�i On, 7�i,�;I,G?t'j �_Ti r�_'r_i 0715 L•ilQE`2' "Graerl�:3yn St3teS "Greenway IDedi1S . aIl lancis w�.thin -tney one-hw^,�red--yeaz flood�lai,n o�£ Fanna Cxeek aud the Tualatin Ri.ver an�l the lands on either side o� natural drainage ways �s desiyzaated by the Park eoard a.nd Co.mpzehensive plan for preservation^. � f �, fi , - K �: � " � � �' STr�.r"F REPORT , AGE�,UA 5_7/Z��D 13-g0,, M 3-80 TIGAQ.D PLL�VNING CO�•iZSSI0�1 M.ay 20, 1980 ::``'"`� Fage 2 4. Spction 18.57 Sensitive Lands, Section .040 Uses and activzties all.ow2d . with a Special Use Perr�it does allow fill, grading; structuzes, an@ off- street parking, �d service drives, however, Section .060 Special IIse _ Permits is very spec3.fie in requiring detailed submi.ssion of doctuaents to mest the strin�nt requzrea:ents of the Code. 2"zese docum�r.ts have ' not been subrsitted in deta.il. 5. Applican;t'S aarratiw reZative to sensitive lands states - "The ag�n spare in the floodalain, e�cluding gar?ci.ng aT�as, cortst.itutes fortv (4��s) percenk of the to:al sita". No calculations have been su:��:tted which clearly indicate the actua,l, pracise, mzasures�nt� of propased build.ing ax�eas, paxking areas, servi.ce dxive axeas, etc. in rel.ationship . � �o flo:�dplain and greenway a�eas. , . 6. No mention is made a.n this application at�out a servz.ce drive ta �he north_ - Cul=de-sac lengtlz can.not exceec3 4�0 feet without a Vari.ance being gxant�d by the Plannin g Ca�nission. No Variance appliea�tion has beerz receiv�3_ A a�rvi:�e drive does appear on th� site plan, how�ver, no property �dication is on file which would make this dri.ve gossi_hle at this time, No railroad arossing permits are included in this application. Propased street from Evnita north is 2500 f2st long approximateZy, and °-� is only twenty (20') feet wide. A standard local street, a public . �t'xeet, is mandating with forty (40°) feet of paving at th� min.iffium_ This street coul3 ev�ntually beco�e a part of a larger system serving � a larger ar�a. These concerns are shaxec3 by the Fire Marshall. At � � least two ingress/egrzss points are mandatory. '', F 7. Tigazd i9at�r District to insta.11 main lines to main system to i.zxsu� `_ adec�uate fire-fla�a to this project_ The E'ize Marsha],1 i.nsa,s:ts upan tttis r as a mini,mum rer�uir�ment. � YI. C�I3CLU5TON.'-#RY FINDTNC-S; �= � 1, progased uses seriausly violate the e�ressed purpose and ini.�.:t �� th� � C�rehensive P�.dri DeS].C3S1�t10I1 Of f10�C�P13L.Z_ �cT1C'i..g�EE:r,vn"y'- c.Tsu i,i.°vii.i:�i:��:.�; ' ;> Open Space P1an and the policies out].i.ned. in t2:� Erviz��:,?�r.tY2 n�s��, " and Open Space Plan are not addressed in submittecl documez�ts. � � 2. The trarxsgortation system i.s not appro�riate based t�ozz preLiminazy rev�iew by the Fire Depart�nen�. N� "escape" route is sho;JZ�:_ iiu 4� '_,.r;:;�.- requ°st ha� been made for a cul.�dc-saw I.cngt� �s�va 4JQ fcc�_ � ' ; 3. No rai.lroad cxossing periaits have been granted by the Pu'ol.ic Util?tT o� Commission. This will be necessaryto serve this site, The arrow "to � �c11,1 Boulevard'� �CrOS� �'SE? Y10�1 O� �1? �13^- S?p'm� tn }+,�rn },nor _rlrtn.r as an "after thought". No mention is mac�e of �kha.s street alignment in �" the nc.rra�tive. . ; ,:, " y , . ;'� � � ' �.� S'I'AF:' fiEPORT AGENDA S,7/ZCPD 13-80, M 3-80 �� 'I'IG�RD PL.��Il�IING Cq.C�1.�SS20N ,: N°.ay 20, 19�CJ - . pa�e 3 I ` ,I The inqress/egress poi.nt on Boni�.a P.oad shou_td alic,-n with 74th Avenue. This intersection is jus� below an elevated railroa� crossunq and wi.T1 � create a seriaus hazard unless applicant can r�solve the site di.stance `_ � difficul,ties. . t -! III. STAFF RECOMMENDATION: � t Sta£f recom�aends the Denia]. of this Prelixai.nazy Plan with no appeal to City � Council.. When Staf� is sats.sfied that the £ollowing conditior.s have•beer� _ ! m�t, thz a2.�licant shall ra�urr_ a� the Prelita�nary �l?n Rwvie�.r stagz }�iora � the P�anning Coruai�sion. ' G t . Calculation5be submitted showing building coverage zelated to floodplain, � � i greenway, open space, parking, easements, driveways, eta. Basis for ' • these calculation.s shall be tak�n from the Tic�ard Munici�al. Code_ 'Staff � feels that withor�t these calcuiations, we cax�not evaluate t�-.is propc�sal. . � � c 2. Attention be given tov ��bl° stre �t system thr�ughout this praject � ;,. cannect:izxg to either H'r�n�-Bou' ~G��or 72nd Avenu�. Applicant to ha^v� � app�.ied for and been granted a zailroad csossing permi.t £or eithez � location_ A le�.ter fsam adjoining property owners c�nsenting to d�dicated '� ��- r.ights-of-way throagh said property shall be in evid�nce, � 3. More attention shall be given to ttie intent and purpose of the Sensitive L'ands Special Use Permit. As submitted, this pS�azx avoids the im�orta,sit cancerns ra:f protecting and maintai.nimg �k�e flooriplain and greenway areas. ' " �'� 4. Standard Ci.ty Streets be pravided with at least two (2) i.ngress/egress �� points - one (I� on Bonita and gossib].y two (2) to the north, ��, i 5. All concerri� oi �rne Eire rias�siialZ. must be satisfiad prior to further t,: review by the Planning Comm,issian. . . �� . 7,C.e /o.�.c�'-Pe�?-'' x-.1� .��c7�� -a.��c.� a-x`-� � �O � � . �.�- �� _ � � � � � � � . � . � � �'� � � , ' r�, Y2anning Di;t�ctox ` ......,... . . . . . . . . . � . . . . .. . ..... ..... . . ... .. .. . , ... . . .. . .. . . . . . .. .. . .. ... ... . . . .. __. _... . . ... . .. . .�.t 4ss t ' � ` � �$ I � . � � Hacris-McMonagle Asso�i�.tes, c. � ENGINEERS�SURVEYORS �-. . 8905 S.W. COMMERCIAL �TREET ' � TIGARD, ORE�',ON 97223 ; Te{nphonc(501)b39•3453 � August 14, 1980 � � �--_=� , � � :w . � , i , , City of Tigard i Planning Comnission �� : 12420 S. W. Main St. i Tigard, Oregon 97223 • Gentlemen: The applicants have previously submitted the narrative material required � 1980 for the P..D. dated by tMe ordinance for the rezene (dated AprYl 1lJ, ) � � April 3Q, 1980)' and for the Sensiti�e Lands Permit (dated �April 10, 198Q). This material was based an the conceptual approval prior �c� per�'orming engineerin� studies on a canplex site. . , 7he fol1ow�ng is an item by item response to the staff report da�ed May 20, 1980: � �' � � STAFF RECOMMENDATION: ' � 1. Attached. 2. A. Aldie Howard is working with P.U.C. » x 6. We have contacted Fields who agreed to co-operate in planning tihe � circulati�r�. 05U is co�-aperating and providing an eas�nent, The City . r; ,; must require co-ordination. ; 3. As �roposed there is 28� of flood plain for parking and drive and 72� $ greenery: Increased storage capacity will be provided. Cut and fill {; w111 be computer engineered to avoid fiow direction problems. " 4. The dev�loper would prefer private street (like Tektronics) but will `I build public streets and stub them into adjacent property to help the � City develop circulation system for �his area. A tempora.ry emergency � access to �ortita fran the parking area could be provided until circu-� ;i. l�ati�n is canplete. � � 5. The fire marshall suggests a master plan fcr streets in the �triangle �' which is Figure G. � I FINDINGS OF FACT: � � 1= The site was flown for Phdtogrametric Mapping Standards. This �ogether § . with the elevations established by the Gorps of �ngineers, indicate the , � follow�iny area is in the 100-year Flood Plain. . ; T/L 1400 63.3% � � • T/L 700 42.3� T/L 100 , 62.3°6 J � Total Site 5fi� i i ; � �� -- -_ _ . , �. + , . H-�I�C�:�SQ�i., (N�'i. City a� Tigard Planning Gomnission � August 14, 1980 �`�., Page 2 . Findin�s of Fact Cont. � fihis material was compiled by a R�gistered Land Surveyor. 2. Policy N�. 1 says "And Develop Graduated Develo:pment Restrictions". It not say "Prohibit". � Policy No. 2 directs the City to initlat� an Tnterj�risdictional Storm Drainage Water Shed and Flood Management Study and to esta�lish interim controls. The applicants have seen neither° of these items. Policy No. 3 Quote "The City sh�ll restrict alteration of natura1 drainage- � ways unless it can be demonstrated that the benefits are greater than �he det.rimental effects. Other jurisdictions in the Fanno Creek Basin shall be encouraged to do the same°. The applicants are prepared ta demonstrate this with a Computer Analysis at the appropriate' times. Po?icy No. 4 Quote °The City shall dev�lop methods •of removing andjor fload prao�ing major qbstructions within the flood plain. The C�ty should also consider methods of educating the public regardin� the flood plain". Pol�:cy 4 daes not apply to the applicants. ' Policy No. 5 directs the City ta take actinn. . � Polacy No, 6 Tha app�icants are not trying to avoid th7s requirement (whYCh is the same as #3) , but need a concept with which to work. Once again the sensitive land consideration with which this palicy interlocks sh�uld be held in abeyance until the general plan phase. The foregoing observation applies to 3, 4 and 5. 6. It is obvious that a circulation system st�ould be developed in the area be it public or private. And since it is not possib3e tn develap simul- taneo�sly, there needs to be stub outs which stiould not be confused with c�l�de-sacs. A stardard public street in an Industrial Zane would require 44 f�et af improvement and 60 feet of right-of-way. 7. Applicants are ir; complete agreement with this finding. CONCLUSYONARY FINDINGS: i 1 . The applicants feel that the abcve items indicate control and not pro- hibition. 2. See Ite�r� 6 in �indings and Item 4 in Recommendations. 3. To avoid vision problems, the access sheuld be as shown. The Su�division Street $tandards indicate a 100-foot minimum separatian between "7" ir��r- sections. 1'h� prcRcsal is 150 feet. We h.ope this ad�quately responds tU Staff Recoa�nendations and look forw�rd to di scussi ng your other concerns� •- •---- -- — �. e`�t..�_.� rds;��--�...�'''�'�'""� .�" / ��`„� wa � �EE-ds arris� onagle"- c. cc: �Kit�1e�on/�rown , . , ' � • , , � , Ki ttl eson/�rov�n ' Industrial Park ' � � May 25, 1980 �..Y' IN F.P. OUT F.P. TOTAL � OF SITE ' � � f� 201 ,600 201 ,600 16� i BUILDING — — .� � A C 0 4.63 �! �3 '� . , • � . • S F 118,225 18,495 136,720 11% � PARKING A C 2.71 '� � .42 � 3.14 � S F 78,000 20,700 98,700 $� DRIVE A C 1.79 .48 2.27 �;0 �35� � , , . � � . T/�� IN F.P. 01lT F. P. TOTAL � OF SITE IQAQ A C. �.3402 4.$393 13.177 45�47 � 63.3 35.7 � 100. . '� �� • 7U0 A C 4.153 5.658 . � 9.811 . � 34.6 .. X 42.3 57.7 IOQ. . 100 A C 3.346 4.83� • 5.37 1�.93 ' � 62.3 36.7 100. 2$.358 ,. � '. . ,. , � ` _