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Planning Commission Packet - 11/25/1980 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30pm FOWLER JUNIOR HIGH - LECTURE ROOM 1.., 10865 SW Walnut Street, Tigard y4. 1. Open Meeting 2. Roll Call: 3. Approval of Minutes From Previous Meeting: 4. Planning Commission Communication: 5. Public Hearing: A. Staff Report B. Applicant's Presentation C. Public Testimony 1. Proponent's 2. Opponent's 3. Cross-Examination D. Staff Recommendations E. Commission Discussion and Action 5.1 ZONE CHANGE AND CONDITIONAL USE, ZC 27-80/CU 16-80 (Tigard Friends Church) NPO #4 5.2 ZONE CHANGE, ZC 28-80 (Richard Drinkwater) NPO #6 5.3 CONDITIONAL USE, CU 13-80 (Richard Sturgis) NPO #1 5.4 CONDITIONAL USE, CU 15-80 (Geoffrey W. Levear) NPO #5 5.5 CONDITIONAL USE, CU 17-80 (Donald Holmboe/Ye Olde Windmill) NPO #7 5.6 CONDITIONAL USE, CU 18-80 (Wm. Hoffe/Pinebrook) NPO #6 5.7 CONDITIONAL USE, CU 19-80 (Getty Construction) NPO #5 5.8 CONDITIONAL USE, CU 20-80 (Southwest Church) NPO #6 5.9 VARIANCE, V 14-80 (Silco Construction) NPO # 2 5.10 Appeal of Georgia Pacific Truck Tank/John Harland SDR 28-80 NPO #5 `a 5.11 CONDITIONAL USE AND VARIANCE, CU 14-80/V 15-80 (David Church) NPO #2 6. Old Business: i. 7. New Business 8. Other Business 9. Adjournment F • MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Fowler Junior High - Lecture Room 10865 SW Walnut street, Tigard President Tepedino called the meeting to order at 7:35. ROLL CALL: Present: Bonn, Funk, Helmer, Kolleas, Moen, Speaker, Tepedino Absent; Herron (excused) Vacant: One seat Staff: Howard, Newton The MINUTES of the October 28 meeting were considered, and upon motion of Kolleas, seconded by Helmer, were unanimously approved as submitted. Staff reported that any COMMUNICATIONS which had been received would be considered in connection with the agenda items to which they pertained. President Tepedino read the usual notice of authority for and procedure to be followed in the meeting. Among other housekeeping comments he stated to the audience the commission needs one more member, and explained how anyone who might be interested should proceed. He then opened the PUBLIC HEARINGS portion of the meeting. 5.1 ZONE CHANGE AND CONDITIONAL USE, ZC 27-80/CU 16-80 (Tigard Friends Church) NPO #4 A request by Tigard Friends Church for a Zone Change from Washington County RU-4 to the City of Tigard R-7 "Single Family Residential" zone and a Conditional Use to approve an existing day care center located at 7130 SW Beveland (Wash. Co. Tax Map 2S1 lAB, Tax Lot 2600 and Wash. Co. Tax Map 2S1 lAC, Tax Lots 500 and 600). Howard read the STAFF REPORT and RECOMMENDATIONS. There was no one present to give an APPLICANT'S PRESENTATION, nor was there any PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Since no one appeared to have any problems with the request, Bonn MOVED approval of AC 27-80/CU 16-80, based on staff findings and recommendations. Helmer seconded the motion, which passed unanimously. MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 2 5.2 ZONE CHANGE, ZC 28-80 (Richard Drinkwater) NPO #6 A request by Fred R. Erlenbusch for a Zone Change from Washington County RU-4 to City of Tigard Comprehensive Plan designation, R-7 ""Single Family Residential" located at 16305 SW 92nd (Wash. Co. Tax Map 2S1 14A, Tax Lot 802). Howard read the STAFF REPORT and RECOMMENDATIONS. The applicant, Fred Erlenbusch, 225 NE Scott Dr., Gresham, as his APPLICANT'S PRESENTATION said he was thoroughly in agreement with the staff report and recommendations. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: Since this a housekeeping type matter and no commissioner had problems it it, Bonn MOVED approval of ZC 28-80, based on staff findings and recommendations. Helmer seconded the motion, which carried unanimously. 5.3 CONDITIONAL USE, CU 13-80 (Richard Sturgis) NPO #1 A request by Richard Sturgis for a Conditional Use to construct an 72 unit, two (2) story, Senior Citizen Living Facility located at 13335 SW Hall Blvd. (Wash. Co. Tax Map 2S1 2DA, Tax Lot 702). Howard read the STAFF REPORT and .RECOMMENDATIONS, which included extensive comments by staff as to why the staff recommendation had been reversed from denial to approval since this matter was heard and tabled at the October 28 meeting. In order properly to bring the matter before the commission, Speaker MOVED the matter be taken from the table. Kolleas seconded the motion, which carried unanimously. The APPLICANT'S PRESENTATION was made by Richard Sturgis, the applicant, 2216 SW Sunset Blvd. , Portland. He expressed agreement with the staff findings and recommendations, and showed an architectural rendering of the proposed two story building (to compare with the three story building previously proposed). PUBLIC TESTIMONY in opposition was given by John Butler, 9760 SW O'Mara, who expressed disapproval of the manner in which the density is tremendously increased by way of a conditional use request. He felt this was a gross misuse of the conditional use provisions. He also expressed concern that the structure could be resold and converted to apartments, with consequent severe parking space problems. COMMISSION DISCUSSION AND ACTION: Funk recognized the legitimate nature of the objection to the conditional use procedure for this MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 3 proposal, but felt it is otherwise such a viable project he could not oppose it. Bonn pointed out that conversion of this building to apart- ment use would be very expensive, and would reduce the living units to about 25, thus virtually rendering it uneconomic. In response to a line of questioning by Moen and Speaker, Howard explained it would be feder- ally funded by HUD over a 30-year period for senior center living. He stated serious consideration is being given to rezone this parcel and five acres across Fanno Creek, also owned by this applicant, as an A■70/80 Home for the Aged zone. Helmer raised the question of curbs and sidewalks, especially because of the probability of use of public transit. Howard pointed out that the provision for ODOT approval, and approval by the public works director would result in proper provision of these improvements. Howard then addressed the density issue, pointing out that we may be shocked that these people live in 288 square foot units, but that that is all they need or want. He commented that when the code was framed, land was cheap, .homes were single story on large lots, and nobody considered densities such as this. He acknowledged the condi- tional use procedure never contemplated an action such as this. However, this has been taken up with NPO #1, and on a question by Speaker stated we would be hearing a request for a proper zone which would embrace this and other parcels, at the January meeting. Tepedino expressed concern for the use of the floodplain for parking. Howard pointed out there is no change in the floodplain, and called attention to testimony by the property owner at the last meeting as to the very small amount of flooding which does occur. Speaker thereupon MOVED approval of Conditional Use CU 13-80 based on staff findings and recommendations. The motion was seconded by Moen and carried unanimously. 5.4 CONDITIONAL USE, CU 15-80 (Geoffrey W. Levear) NPO #5 A request by Geoffrey and Joyce Levear for a Conditional Use in an R-7 "Single Family Residential" zone to expand an existing day care center by using an adjacent lot located at 12360 SW Hall Blvd. (Wash. Co. Tax Map 2S1 11BC, Tax Lot 900). Howard read the STAFF REPORT and RECOMMENDATIONS. He amended Condition 2 to a nonremonstrance,agreement instead of half street improvements along Hall Boulevard, explaining prospective developments in the area which would make an LID for this improvement the preferred procedure. MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 4 The APPLICANT'S PRESENTATION was made by Geoffrey Levear, 13571 SW 61st Avenue, Portland, owner of the Start Right Day Care Center. He stated the effect on the neighborhood would be smalls-the building would be unchanged, there would be fencing around the property, access and parking is adequately provided at the existing center. He favored the LID approach to street improvements. He oiled attention to the benefits to children, parents and employers of tbe>,.area ,which will be provided by this enlarged facility. Mrs. Joyce Levear, director of the day care center, stated there is a waiting list and she gets frequent inquiries about care for infants and preschoolers. She explained the immediate financial outlays called for by the proposed expansion, and expressed hope the street improvements could come through the LID process. PUBLIC TESTIMONY in opposition was presented by -- *** Anne Craig, 12360 SW Knoll Drive, speaking for the residents of Knoll Drive, opposing the request. She said they opposed further infringement of their zoned residential zoning by the enlargement of this day care center, which most of them opposed when it was started in 1967 and 1968. She called attention to the profit-making character of the enterprise, and alleged traffic would be further increased on Hunziker and Hall Boulevard, to the detriment of the Knoll Drive residents. *** John W. Sonderen, attorney, 606 Oregon Bank Building, repro- senting Mr. Remo Raglione, owner of the property north of the parcel under consideration. He stated that requests since June for conditional use of the Raglione property for architects and engineers have been refused, and that therefore they have embarked on a substantial renova- tion of the house for residential pruposes. He suggested that if approval is given, adequate fencing to protect his client's property be provided. CROSS-EXAMINATION Ai�D REBUTTAL: Ray Haas, owner of TL 1300 directly behind the proposed site, questioned what comprises site design review, responded to by Howard. COMMISSION DISCUSSION AND ACTION: Funk asked about the access and additional traffic. , M . Levear stated the incoming load comes in over a period of about two .hours. Speaker inquired what "protection" the owner to the north would expect. Mr. Sonderen suggested a sight- obscuring fence, since the back porch of the Raglione property is practically on the property line. Moen asked the applicant about the • fence. Mr. Levear stated they were contemplating a cyclone fence-- not necessarily sight-obscuring. Funk asked Mrs. Craig if she could hear noise from the center. She said they can, when the children are out (she lives on Lot 301, a little distance from the present center). MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 5 Speaker MOVED approval of Conditional Use CU 15-dO, based on staff findings and recommendations, with modification of Condition 2 to call for nonremonstrance agreement rather than half street improve- ments to 98th at this time, and addition of Condition No. 9 calling for a cyclone fence around the property, with the issue of where or whether sight-obscuring slats should be installed left for resolution at the site design review level. Bonn seconded the motion. In a little further discussion, Moen felt a sight-obscuring fence should be required, a sentiment strongly shared by Mr. Haas, owner of the lot behind the proposed site. The motion carried four to three on a roll call vote as follows: Yes - Speaker, Helmer, Funk, Bonn; No - Tepedino, Moen, Kolleas. 5.5 CONDITIONAL USE, CU 17-80 (Donald Holmboe/Ye Olde Wind- mill) NPO #7 A request by Donald Holmboe for a Conditional Use in an R'-7 "Single Family Residential,' zone to construct a single family attached unit located at Ye Olde Windmill Subdivi- sion, Lot 27 (Wash. Co. Tax Map 2S1 3BB, Tax Lot 10700) . Howard read the STAFF REPORT and RECOMMENDATIONS, specifically pointing out that if this conditional use is denied, the minor land parti.. tion is void because the purpose of the MLP would be denied. The APPLICANT'S PRESENTATION was made by Donald A. Holmboe, 6540 SW 204th Place, Aloha, the applicant. He expressed agreement with the staff report and conditions, and offered to answer questions. PUBLIC TESTIMONY in opposition was presented by several neighbor- ing residents, as follows: *** Susan Daniel, 12160 SW 123rd Court,. reported she had contacted the owners of all the occupied homes in the subdivision, and they were all opposed to this request. She reported they had been sold their lots with the understanding- it would be a single»family area, and now they object to the incursion of a duplex-type structure into the develop- ment. *** James Daniel, same address, stated he is a builder with some homes in the development. He pointed out this lot is right in the middle of the project. He is building a $93,000 spec home only one lot away, and felt a duplex so close would jeopardize the sale of his lot. } I *** Roger Walsh, 12285 SW Katherine, asked for clarification of what is proposed. Howard explained it is a common wall dwelling on two separate lots. Walsh expressed opposition for the same reasons as the previous speakers. f, • MINUTES TIGARD PLANNING COMMISSION November 25, .1980 Page 6 ** Judy Webb who is currently having .her home .built on Lot 33, reported the realtor had given assurance this would be a development of single-family homes. Therefore she opposes the request. *** Mike Muldoon, 12180 SW Katherine, owner of Lot 24, agreed with the previous protesters. He has lived in multi-family housing, and felt fortunate to have been able to get into a planned development of single- family homes. He felt the intrusion of the proposed units would prevent the full appreciation in value to be expected in the neighborhood as originally planned, and resented having to voice an objection because of the planned community idea which was sold to the residents. CROSS-EXAMINATION AND REBUTTAL: Don Holmboe, the applicant, made essentially a brief applicant's,presentation at this point. He stated he owns property in the development on which he expects to build .homes, and would not build anything be felt might jeopardize the sale of his future projects. He reported there are units in the development selling in the low $70,000 range, whereas the unit he proposes will be in the $130-150,000 range. He could not see where such a quality structure would be detrimental to the neighborhood. It would not be rental property; it would be owned by two separate families. Mrs. Daniel reported they had received no information on this whatever, and only one family had received notification. Howard agreed this had undoubtedly happened, because this is a brand new subdivision, and Washington County is chronically six to eight months late in updating the record of ownership; therefore the legally-required letters went to Century 21, the developer. Rod Walters and James Daniel briefly reiterated objections at this time. COMMISSION DISCUSSION AND ACTION: Moen, while in general favoring greater density, felt that when we approve a planned development for single-family residences, it should stay that way. Bonn asked why there was a 40-foot street. Howard explained this was an allowance made three or four years ago in such developments. Bonn then commented that a $130 - 150,000 unit would be uneconomic as rental property, and therefore the concern expressed by some of the o bj.ectors about this was unfounded. Funk felt this type of unit does not have a place in this type of planned development. Helmer agreed with Funk's position. Speaker voiced his conviction that denser housing Will have to come, but agreed with the homeowners in this instance, although disagreeing that the type and quality of the proposed units would have an adverse effect on the neighborhood. Moen MOVED denial of Conditional Use CU 17-80. 'Helmer seconded the motion, which carried unanimously. Howard asked if the commission cared to entertain similar requests in this subdivision. The consensus appeared to be that it did not. MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 7 At this point the president declared a five-minute recess. 5.6 CONDITIONAL USE, CU 18-80 (Wm. Hoffee/Pinebrook) NPO #6 A request by William B. Hoffee for a conditional Use Permit to construct two (2) attached single 'aridly residences on each parcel--total of four (4) units. Code Section 18.20.020(1) Duplex residential located at Pinebrook Terrace, Lot 1, Parcel A&B (Wash. Co. Tax Map 2S1 11AD, Tax Lot 4Q0). Howard read the STAFF REPORT and RECOMMENDATIONS. There was no APPLICANT'S PRESENTATION. PUBLIC TESTIMONY in opposition was given by -- *** Gary Dart, 8580 SW Inez, adjoining landowner on the north. He opposed four units on the lot, favoring two. Howard sketched on the blackboard the lot and the proposed layout, taking into consideration the sewer line crossing the lot. Speaker asked the type of housing in the immediate neighborhood, responded to by Howard. *** Mrs. Donald J. Hood, 8625 SW Pinebrook, TL 2 adjoining the site to the west. She asked for a separation of her 107 foot driveway from that to the proposed rear lot. She opposed rental property next to them (the duplex on the corner of Hall is run down). COMMISSION DISCUSSION 3D ACTION: Howard explained the physical characteristics further, and discussed the perceived need for a separa- tion of the driveway from Mrs. Hood's, which will be a consideration at the site design review level. He felt Mrs. Hood's objection would be taken care of there. Alternative driveway arrangements were discussed by commissioners. It was clarified that Parcel "A" has .35 feet of street frontage, so it would be legal to use the 15 foot driveway* to the back lot (Parcel "B"), thus eliminating another entrance onto the street. After a little.furt.her discussion about the landscaping between drive... ways, Funk MOVED approval of Conditional Use CU 18-80, based on staff findings and recommendations. Helmer seconded the motion, which carried unanimously. 5.7 CONDITIONAL USE, CU 19-80 (Getty Construction) NPO #5 A request by Getty Construction for a Conditional Use in an R•-7 "Single Family Residential" zone to construct seven (7) duplexes on 2.2 acres located,on SW Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot.1700). Howard read the STAFF REPORT and RECOMMENDATIONS. MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 8 The APPLICANT'S PRESENTATION was made by Robert Cruz of David Evans & Assoc. , Inc., Portland, who briefly stated agreement with the staff report and requested approval by the commission. There was no PUBLIC TESTIMONY. Howard clarified the apparent'discrepancy between half street improvements called for by Condition 1, and the assumption of a nonre- monstrance agreement in Condition 2. He outlined developments occuring on Bonita and expressed conviction there would be an LID for this improvement in the foreseeable future. COMMISSION DISCUSSION AND ACTION: Although Funk expressed surprise that the commission had previously approved seven duplexes for the site, none had problems with the request. Speaker inquired about the possi- bility, in view of the tentative layouts of the buildings, of ever making them common wall single family dwellings. Cruz stated there was no intention they be other than duplexes, and agreed the building siting would not lend them to this sort of partitioning or division. Speaker MOVED approval of Conditional Use CU 19-80 based on staff findings and recommendations. The motion was seconded by Helmer and passed unanimously. 5.8 CONDITIONAL USE, CU 20-80 (Southwest Church) NPO #6 A request by the Southwest Church of Christ for a Conditional Use in an R-7 'Single Family Residential'+ zone to use an existing house for Bible School Classes located at 15805 Stir 98th (Wash. Co. Tax Map 2S1 11CD, Tax Lot 701). Howard read the STAFF :REPORT and RECOMMENDATIONS. Allan Vance, 18311 Woodthrush Circle, Lake Oswego, made the APPLICANT'S PRESENTATION on behalf of the Southwest Church of Christ. He explained their intent is to use the existing dwelling as the loca- tion for Bible classes for junior high and older students, with adult supervision of the younger classes. He reported an immediate need for the classroom spaces, and requested approval of the conditional use. PUBLIC TESTIMONY in favor was given by Mrs. Irene McCoy, who reported she had lived on the property quite a number of years, and found the church much leas objectionable from the noise standpoint than the residences on Kimberly Drive behind her property. PUBLIC TESTIMONY in opposition was given by Michael L. Craig, " • t. 9870 SW Kimberly Drive, adjoining the rear of the subject property. He stated the property was zoned single family, and wondered why, when the church has plenty of unused property, it should come into a single family area of good homes. • MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 9 CROSS.-EXAMINATION AND REBUTTAL: Mr. Craig asked if the church would use this all day on Sunday. Mr. Vance stated it would be used from about 9 to 12, and from 6 to 9. Craig suggested they move the building onto their own property-- "It would be cheaper". Mr. Vance stated they have plans for other use.of their property, and need the classroom space immediately. On a question from the commission, Howard sketched the area on the blackboard. COMMISSION DISCUSSION AND ACTION: Howard asked for modification of Condition 1 calling for half street improvements to the existing church property to include -- ... the existing church site and in front of the property in question at,15805 SW 98th." Commissioner Funk indicated reluctant agreement if a sight-obscuring fence were installed at the back of the lot. Moen inquired what future plans the church had for use of the residence--would it be converted back to residential uses? Vance felt at some time in the future it could be so used, by church personnel. Speaker expressed pleasure at the provision for a sidewalk on 98th along the present church property, which he said is badly needed. Tepedino inquired about conversion of a private dwelling to public use, especially with respect to fire safety, toilet facilities, etc. Howard stated they would .have to meet those requirements. Tepedino then commented about temporary use, recalling some WW II housing, and admonished the church to observe judicious conduct for the sake of the neighbors. Speaker inquired about the history of the development with respect to duplex-single family approvals. It was clarified that in spite of the sketch of the site supplied, only one lot and the residence thereon is involved in this approval. The rest of the McCoy property will be developed single family. Moen MOVED approval of Conditional Use CU 20-80, based on staff findings and recommendations as modified by the inclusion of the subject site in the half street improvements. The motion was seconded by Helmer and carried, with Tepedino voting no. . 5.9 VARIANCE, V 14-80 (Silco Construction) NPO #2 A request by the Silco Construction Company for a Variance in the setback requirements in an M-4 "Industrial Parks zone to permit construction of a building located at 9350 SW Tigard Street (Wash. Co. Tax Nap 251 2AB, Tax Lot 1901). Howard read the STAFF REPORT and RECOMMENDATIONS, at the conclusion of which he sketched the property and its surroundings on the blackboard. He explained the drainage situation and what improvements would be made on an old, pro-code building. MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 10 The APPLICANT'S PRESENTATION was made by Bruce Nicholson of Silco Construction co., Tualatin. , He discussed the drainage ditch, and the inappropriateness of the owner installing culvert to Fanno Creek, which is some distance from the subject property. He explained the operation of the outdoor sign business, and that it is desirable to dismantle old signs out of doors; hence they would expect to continue performing some of this work outside the building. He requested that the existing utilities (specifically the electric service) be continued to be supplied from a pole across the street. On questining by a commissioner it was disclosed that not all the new building would be used by the sign company. C S- ROSH nC IIN TION AND REBUTTAL: Howard questioned AL• where e Ali the leased .� q space appeared on the application, responded to by Mr. Nicholson. Howard pointed out that the request could be reduced to just the space needed by the sign company, in which case there would be no infringement on the flood plain. Funk expressed amazement that the planning director would approve building in the flood plain, in view of past practice by him and the commission. Howard explained the factor of the location and the feeling of the public works director in view of changes to occur downstream which will have a beneficial effect on this property. At this point the president closed the public hearing. COMMISSION DISCUSSION AND ACTION: Funk and Bonn discussed with Howard the drainage of the area to the north. Kolleas did not like the building in the flood plain. Speaker commented On the apparent difference between what the applicant is asking for and what staff apparently made his recommendation on. Howard apologized for not scrutinizing the application more carefully. He stated the narrative asked for was not complete. The recommendation would have been to stay out of the flood plain, had all the information uncovered in this hearing been known to him before writing the staff report. On this basis, and in order that the applicant and staff can get together on a revised request and recommendation, Speaker MOVED to table Variance V 14-80. The motion was seconded by Bonn. An attempt to discuss it further was cut short by the reminder a motion to table is not subject to discussion. The motion to table then passed four to three, with Tepedino, Moen and Funk voting no. Moen then expressed his concerns to the applicant, and Tepedino commented that while a variance on the setbacks of the building.might be justified, he did not feel that in order to accomplish other ends the applicant should be allowed to build in the flood plain. 5.10 APPEAL of Georgia Pacific Truck Tank/John Harland SDR 28-80' NPO #2 An Appeal of the Planning Director's conditions on a Site Design Review for Georgia Pacific Truck Tank located at 14410 SW 72nd Avenue (Wash. Co. Tax Map 2S1 1DD, Tax Lot 800). MINUTES TIGARD PLANNNING COMMISSION November 25, 1980 Page 11 Howard read the STAFF REPORT, consisting of staff comments on the appeal. He explained that contrary to the statement of the applicant, he was not calling for any additional parking spaces--only to bring the present parking lot up to code. The APPLICANT'S PRESENTATION was made by Brian Johnson of Seton Johnson &Odell, consulting engineers, Portland. He read a letter from Georgia Pacific to the Planning Commission outlining the reasons for constructing a truck washing facility, how it would be operated, and why they object to the requirement for modification of the employee parking area. Ho then showed 18 slides of the GP property from various points to illustrate how little of the parking lot can be seen from off the premises. There was no PUBLIC TESTIMONY. COMMISSION DISCUSSION AND ACTION: At the request of the president, Howard discussed the requirement by the city council that properties such as this be brought up to code whenever permits for additions or alterations are requested. Speaker commented favorably on the effort to bring older facilities up to code, but suggested the requirement that every seventh space be landscaped might be eliminated in this case because of the desire to use it at times for truck parking. Moen expressed sympathy with the Georgia Pacific position. Bonn agreed with the idea of eliminating the landscape islands, as did Helmer and Kolleas. Speaker MOVED rejection of the appeal and the upholding of Site Design Review 28-80 with the exception of the fourth sentence in the first staff recommendation -- "Every seventh space shall be a landscaped island." Helmer seconded the motion, which carried, with Moen voting no. 5.11 CONDITIONAL USE AND VARIANCE, CU l4-80/V15-80 (David Church) NPO #2 A request by David Church for a Conditional Use in an R-7 "Single Family Residential" zone to construct a single family attached dwelling and a Variance of condition six (6) of Minor Land Partition, MLP 20-79, located at 12533 SW Grant (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801). Howard read the STAFF RE PORT and RECOMMENDATIONS when, although only the applicant, :his re.altor,:andijayor-elect Bishop remained in the audi- ence, it became apparent the applicant had not yet received a copy of the staff report, and was unaware the recommendation was for. denial of the variance. Newton of staff explained attempts to .get the report to him; in any case, it was in the mail. ' MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 12 The APPLICANT'S PRES7ITATION was made by David Church, 6328 SW Haines Road, Portland. He explained why ho felt the discussion in the staff report of Parcel go. 2 on the Attachment A part of the report should have no bearing on his request for a variance and conditional use on Parcel No. 1, the property under consideration. He pointed out his request essentially is for a variance to allow two 9i foot driveways back to the proposed two attached single family homes, and for a condi- tional use to build a duplex structure on the lot. (Note; A previous owner agreed on June 3, 1980, to all six conditions of IMP 20-79. Condition 6 reads, "Applicant agrees to construct only one single family dwelling on the rear lot." This previous owner apparently was dissuaded by planning staff from requesting a conditional use to build a duplex on this same lot because of the complications of access to Grant Street for this lot and two others between it and the street.) PUBLIC TESTIMONY in favor was given by Nancy Doyle, 7700 SW 74th Ave. , Tigard, a Realtor representing Church in his sale of the property. She questioned whether conditions are put on the deed, and commented that the planning for the area area around this property has been quite poor (agreed to heartily by Howard). She felt it not proper that Mr. Church should be made the victim of these circumstances. She did not feel that the fact Lot No. 2 on the sketch is an illegal lot should have a bearing on Mr. Church's request. Howard discussed Lot No. 2, pointing out there is legal access to both Parcels 1 and 2 (assuming a one foot variance is granted) if each has only a single family dwelling on it. Parcel 2 must rely for access by use/owners.hip of part of the 19 foot strip to the two flag lots. If Parcel 1 is to have multiple dwelling units on it, the whole 19 foot strip must be assigned to it, thus leaving Parcel 2 completely landlocked and illegal under City Code, which calls for 10 feet of access from each lot onto a public street. As to the problem of notifying possible future owners of limitations or restrictions imposed on the property, Howard stated the City files a "zoning violation" with the county which does get on the title report and should alert the purchaser to investigate further with the City. Under the circumstances he counseled the commission they could not grant the conditional use to Parcel No. 1; both parcels must have frontage ownership, and not access merely by easement. Doyle suggested a permanent easement for Lot 2 over the Lot 1 driveway, owner- ship of which would remain with the Lot 1 owners. CROSS-EXAMINATION AND REBUTTAL; Church argued that a recorded easement exists, which does give, all lots useable access. Tepedino got clarification of lot identities and available driveway access. He opined the Lot 1 was burdened with the single family limitation, apparently unknown to Mr. Church as a subsequent buyer. Church pointed out the AMIIMMEMOM MINUTES TIGARD PLANNING COMMISSION November 25, 1980 Page 13 practical aspects of his proposal--minimum coverage of pavement, homes on reasonable sized lots, etc. Funk raised the question of a subdivision. The possibility of putting in a public street was rejected because of inadequate width and uneconomic to serve three residences. COMMISSION DISCUSSION AND ACTION: Tepedino sympathized with the buyer who was unaware of the conditions placed on the property with the agreement of a previous owner, but saw that as no reason for the city to violate its own codes by granting this request. He felt to allow the use as requested would be to aggravate an already bad situation. Helmer agreed the situation is bad, and to go along with this request would only make matters worse. Funk wondered why a building permit was ever allowed for Lot 2, and questioned whether it was a planning commis- sion or a staff error. Howard stated it started out at the planning commission. Funk opined the best solution would be to keep it single family on each lot. Speaker agreed with Funk and expressed concern that there was nothing in the title report to indicate to future purchasers there were some difficulties with the property. Howard explained the circumstances in this case--the owner did not fulfill all conditions, but moved to Saudi Arabia. After some discussion as to the proper motion to be made, Speaker MOVED for approval of Variance V 15-80 (so there is legal access to both lots), and denial of Conditional Use CU l4-80; together with a condition the house on Parcel 2 ("the front lot") may be completed; that a single family home may be built on Parcel 1 ("the rear lot") ; that ownership be transferred of what is necessary to allow both lots ownership of legal access to Grant Street. The motion was seconded by Helmer and carried unanimously. OTHER BUSINESS: Howard referred to the application of Gene Richman, a CPA, for appointment to NPO #1. Speaker MOVED, Helmer seconded, the application of the appointment of Gene Richman to NPO #1. The motion carried unanimously. *** Howard stated the planning commission has Galled for a meander- ing sidewalk in the Creekside subdivision, V 5-79. The reason was to avoid trees, which have since been removed. Therefore it is in order to permit sidewalks to be placed along the curb here. Tepedino MOVED the condition in V 5-79 be modified to permit sidewalks placed next to the curb. The motion was seconded and carried unanimously. *** Helmer suggested some preparations should be made for under- ground installation of cable television connections in the future. Howard discussed the present state of the art, which is changing rapidly, and promised to voice the suggestion at the next meeting of the committee which is handling the cable TV in the county and cities at its next meeting. The president declared the meeting adjourned at 11:02. PUBLIC NOTICE TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30pm FOWLER JUNIOR HIGH - LECTURE ROOM • 10865 SW Walnut Street, Tigard 5. Public Hearings 5.1 ZONE CHANGE AND CONDITIONAL USE, ZC 27-80/CU 16-80 (Tigard Friends Church) NPO #4 A request by Tigard Friends Church for a Zone Change from Washington County RU-4 to the City of Tigard R-7 "Single Family Residential" zone and a Conditional Use to approve an existing day care center located at 7130 SW Beveland (Wash. Co. Tax Map 2S1 lAB, Tax Lot 2600 and Wash. Co. Tax Map 2S1 lAC, Tax Lots 500 & 600) . 5.2 ZONE CHANGE, ZC 28-80 (Richard Drinkwater) NPO #6 • A request by Fred R. Erlenbusch for a Zone Change from Washington County RU-4 to City of Tigard Comprehensive Plan designation R-7 "Single Family Residential" located at 16305 SW 92nd (Wash. Co. Tax Map 2S1 14A, Tax Lot 802) . • 5.3 CONDITIONAL USE, CU 13-80 (Richard Sturgis) NPO #1 A request by Richard Sturgis for a Conditional Use to construct an 72 unit, two (2) story, Senior Citizen Living Facility located at 13335 SW Hall Blvd. (Wash. Co. Tax Map 2S1 2DA, Tax Lot 702) . 5.4 CONDITIONAL USE, CU 15-80 (Geoffrey W. Levear) NPO #5 A request by Geoffrey and Joyce Levear for a Conditional Use in an R-7 "Single Family Residential" zone to expand an existing day care center by using an adjacent lot located at 12360 SW Hall Blvd. (Wash. Co. Tax Map 2S1 11BC, Tax Lot 900) . 5.5 CONDITIONAL USE, CU 17-80 (Donald Holmboe/Ye Olde Windmill) NPO #7 A request by Donald Holmboe for a Conditional Use in an R-7 "Single Family Residential" zone to construct a single family attached unit located at Ye Olde Windmill Subdivision, Lot 27 (Wash. Co. Tax Map 2S1 3BB, Tax Lot 10700) . 5.6 CONDITIONAL USE, CU 18-80 (Wm. Hoffee/Pinebrook) NPO #6 A request by William B. Hoffee for a Conditional Use Permit to construct two (2) attached single family residences on each parcel-- total of four (4) units. Code Section 18.20.020(1) Duplex residential located at Pinebrook Terrace, Lot 1, Parcel A & B (Wash. Co. Tax Map 2S1 11AD, Tax Lot 400) . 5.7 CONDITIONAL USE, CU 19-80 (Getty Construction) NPO #5 A request by Getty Construction for a Conditional Use in an R-7 "Single Family Residential" zone to construct seven (7) duplexes on 2.2 acres located on SW Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot 1700) . • 4 PUBLIC NOTICE TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 2 ' 5.8 CONDITIONAL USE, CU 20-80 (Southwest Church) NPO #6 A request by the Southwest Church of Christ for a Conditional Use in an R-7 "Single Family Residential" zone to use an existing house for Bible School Classes located at 15805 SW 98th (Wash. Co. Tax Map 2S1 11CD, Tax Lot 701) . 5.9 VARIANCE, V 14-80 (Silco Construction) NPO #2 A request by the Silco Construction Company for a Variance in the setback requirements in an M-4 "Industrial Park" zone to permit construction of a building located at 9350 SW Tigard Street (Wash. Co. Tax Map 2S1 2AB, Tax Lot 1901) . 5.10 APPEAL of Georgia Pacific Truck Tank/John Harland SDR 28-80 NPO #2 An Appeal of the Planning Director's conditions on a Site Design Review for Georgia Pacific Truck Tank located at 14410 SW 72nd Avenue (Wash. Co. Tax Map 2S1 1DD, Tax Lot 800) . 5.11 CONDITIONAL USE AND VARIANCE, CU 14-80/V 15-80 (David Church) NPO #2 A request by David Church for a Conditional Use in an R-7 "Single Family Residential" zone to construct a single family attached dwelling and a Variance of condition six (6) of Minor Land Partition, MLP 20-79, located at 12533 SW Grant (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) . TO BE PUBLISHED IN TIGARD TIMES NOVEMBER 12, 1980 AND NOVEMBER 19, 1980. "PLANNING COMMISSION SIGN-UP SHEET" NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR AD SS ON THIS SHEET. AGENDA ITEM: ACTION REFERENCE: 2,.' 27- / U /( -1900 arj'/ I �`S ✓� e g N E ADDRESS .r"(�/A( V AGENDA ITEM: 5.2.. ACTION REFERENCE: �.G , 8^ SO (Qv•6 kLW C,je) NAME ADDRESS AGENDA ITEM: 5. 3 ACTION REFERENCE: V li /Lt., NAME ADDRESS / 0 \AY) 1, Lekt (11 V Cf) 4 o iLSW (:) .t.0._ voc, • "PLANNING COMMISSION SIGN-UP SHEET" it NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. t` AGENDA ITEM: 5.1 ACTION REFERENCE: (JJ 15-6c) . ) 1, CL. ,e-elr 4/,//!": NAME ADDRESS • / Vila/ ,u d (2- .o .Ca) / t.0--e? 1 C_ ' /PrX/ ' jiprir- r t I4', r AGENDA • ACTION REFERENCE: GU /7-go 6 01 G.,I WLa I` diva 1 1/ .. Ofifee‘drz-- — .1,'#--AD .. 1 / / �Josp# //o-/a/k) i/o 90 s, w, gz. EN Bt_vo. — RE,91/ 7?Toni , o 1/1:1 04. IL I,,,,,L.,...- :4„,, ,-,„, . ,. ,,, ,,,,,,,, , , %.---/---f-tcp tic..._ to-/ s AGENDA G ITEM: 5: 69 ACTION REFERENCE: t ( Pi 'te-' vk._).........6/ . _.AIMISSIV [ tg^e v ' NAME ADDRESS / , --- /� � �� /Z� GL ") . - t j ,60. _—V'. 2- 7---/,-1Z i; ■ '. f �! LG41 C/ll',P.5 S r / 1 % „"civc-f/ -lt/G-� J `_/^ �-iL/l I i3 its ri };. i if 4f N • i2 4 mmr- i i I "PLANNING COMMISSION SIGN-UP SHEET" NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. AGENDA ITEM: ,5,? ACTION REFERENCE: Cot) i i—''O ( . ty) NAME ADDRESS • AGENDA ITEM: 50 ACTION REFERENCE: (,U "00 �� i ° y`j �, 1 /� is ,' / 1 A" I AGENDA ITEM; ACTION REFERENCE: V 1,4- �00 �9`iGP NAME ADDRESS • C I "PLANNING COMMISSION SIGN-UP SHEET" NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. n AGENDA ITEM: 6. /0 ACTION REFERENCE: qi ) ,� Y ADDRESS r AGE DA ITEM: gag ACTION REFERENCE: `" " _ j.c / NAME ADDRESS jrNAr-z) % 'AA 1'1 0 UCk 1\-\_1€_ - - : • AGENDA ITEM:_ ACTION REFERENCE: NAME ADDRESS IP STAFF REPORT AGENDA 5.1 NOVEMBER 25, 1980 - 7:30 pm 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 this occur, unrequested, the item will be tabled until the following hearing. DOCKET: ZONE CHANGE, ZC 27-80 /CONDITIONAL USE, CU 16-80 (Tigard Friends Church) NPO #4 APPLICANT: Tigard Friends Church OWNER: Same 7130 SW Beveland Tigard, Oregon 97223 REQUEST: For a Zone Change from Washington County RU-4 to City of Tigard Comprehensive Plan designation R-7 "Single Family Residential" and a Conditional Use for a church/day care center in the R-7 Zone. (Reference Code Section, Tigard Municipal Code, 18.20.020) LOCATION: 7130 SW Beveland (Wash. Co. Tax Map 2S1 lAC, Tax Lots 500 & 600 and Wash. Co, Tax Map 2S1 lAB, Tax Lot 2600) PREVIOUS ACTION: Site Design Review, SDR 18-80: Conditions of approval number three states that a zone change and conditional use application shall be made to the Planning Commission and City Council to zone to the Comprehensive Plan designation. The City Council agreed to waive the fees for these applications. Property was annexed to the City early in 1979. I. FINDINGS OF FACT: Property is presently zoned Washington County RU-4. Tigard Comprehensive Zone designation is R-7 "Single Family Residential". A Conditional Use in the R-7 Zone allows churches and day care centers. II. CONCLUSIONARY FINDINGS: Property should be zoned to the Comprehensive Plan designation. III. STAFF RECOMMENDATIONS: 1. All conditions except number three of SDR 18-80 shall be met prior to the issuance of any permits on this site (see attached Staff Report) . Aldie Howard Planning Director i • , , /4;;_.,., it .41)1U6k. STAFF REPORT OF Ti FA RD FINAL ACTION TIGARD PLANNING DIRECTOR WASHINGTON COUNTY,OREGON July 21, 1980 • I DOCKET: SITE DESIGN REVIEW, SDR 18-80 (Tigard Friends Church) NPO #4 APPLICANT: Robert Monroe OWNER: TIGARD FRIENDS CHURCH Chairman of Building Committee 7130 SW Beveland 10700 SW Beaverton Highway Tigard, Oregon 97223 Beaverton, Oregon 97005 SITE LOCATION: 7130 SW Beveland and 72nd Avenue (Wash. Co. Tax Map 2S1 lAB, Tax Lot 2600 and Tax Map 2S1 lAC, Tax Lot 600) .. SITE DESIGNATION - The Comprehensive Plan, NPO #4, designates these parcels to be in a protected residential R-7 Zone. A church is a Conditional Use in an R-7 Zone. In this case, the property was annexed to the City by Ordinance No. 78-58, Boundary Commission Final Order No. 1277 in September of 1978. The septic system had failed and the Church connected to our 1 public system. The primary difficulty in this instance is that the zoning for this property was never brought into conformance with the Comprehensive Plan. Staff requests that the Applicant a 1 fora Zone Change from Washington County RU-4 to City o . gard R-7 and that a Conditional Uap aapp'?cation kie made fora church/day care center in this R-7 Zone. Due to the configuration of the property, it should be pointed out to the applicant that significant street dedications and public improvements will be necessary. On Beveland (Lot 2600) , half-street improvements to local street standards will need to be accomplished. The same standard applies to Gonzaga Street (Lot 600) . Half-street improvements to SW 72nd to collector street standards will be required. All work: in whatever sequence is decided upon shall be allowed while the paperwork is processed • for the Zcuue change a__-_ ______.___�___ -_- :„ PARKING REQUIREMENTS - Churches require one (1) space for every six (6) fixed seats or every twelve (12') feet of bench length or every 100 square foot of gross floor area. In this case, future development of this site is contemplated. No figures are provided which enable Staff.to calculate the parking required. SITE PLAN/DESIGN REVIEW: • IL Staff recommends approval of this parking lot construction with the following conditions: 1. Applicant to submit a sequential schedule for public improvements to . 72nd Avenue, Gonzaga and Beveland. Necessary right-of-way dedications 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 (..,- • y STAFF REPORT/FINAL ACTION y •SDR 18-80 TIGARD PLANNING DIRECTOR h July 21, 1980 C...,: Page 2 .. • shall be mares. to the satisfaction of the Public Works Director who shall. also approve the work schedule. Half-street improvements to Beveland and Gonzaga Street to local street standards. Half-street_..improvements_-to-. f 72nd. Avenue to collector street standards. '' 2. Applicant to supply necessary figures for parking computations including present and proposed buildings. Figures to be provided prior to commence- t ment of any work on site. 3. An application for Zone Change and Conditional Use Permit shall be filed • with the City Planning Department as soon as possible. 4. A landscaping plan, plant index,and irrigation plan shall be submitted for review prior to the commencement of any work on site. • - 5. Grading plans and construction plans on all public rights-of-way shall. be submitted and approved by the Public Works Director prior to commence- meet 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. ('. 6. All existing or proposedutilities serving the property shall be placed underground. Street lighting installations shall be approved by the Public Works Director. . 7. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. fi 8. Improvements may be bonded prior to issuance of Building Permits, however, all improvements shall be made prior to issuance of Occupancy Permits. y ,Od ',,,/ '-rd, Planning Director I OTE; This acknowledgement must be signed and returned to the City of Tigard, Planning Department. Failure to return this acknowledgement will result ink no further action on this project with regards to issuance of Building Permits • or engineering approval. fj . I Signature Date f r ; \,4 ,., :i • 100' : i �}„ � Sf38°50'W 320.95 n ^^�_,,.i•a, ��.. 78.41' ;NT�r F, ; ' dl — tEFIPETUAL EASEMENT— __ n n r1�r� . 4 - N�30'E 32513 ; �5/ /AB• co 19 ,�3• e• rQ -0•i o 1603 a - 0 ,� rN1TrA R''• 1, 9' mos.!. N'LT•• - • L'rorNT II 1S j IA( LL COR.(STONE) t w N.,. CAR. * !. GEO.RICNAROSON W.'CRA:AA&;4 3.... •. 1 x..11 r33•t_ - D.ZG i9 iw 5.84 Sc CDR ttELLER tt5- • ,.,,t:.:r.:,:._ 2 11 • M1'E, 200/539 I• 1000 • • NC' • I° /.82Ae. t.d':• 0 E' E_ '*4.I es,- 1900 129.72. - OS Alt AI 1 a • • .e i j INITIAL POINT 3EVELAND . N.Iv / - , --' • N.89005'E. 877 i 2000 2100 "' 'r .. �• ��•.,s .��TT-0-c:/...,.....-..-...%--.1.,....- >n 'f5 _ �� - 12201 2200 . -2. 1 .,Y,.,,„.•.:s•cr. ;�••.,.� 1 . 23-8I • . i F Ili I1t.84• • R•20 t.= 0 o• i• " d • jai a 3' I- 2 • a o • 0 • • • 270i°4•1. try 153.48' Ito° 42 1 42 160 138.10' :: . 23 el. r*--- 2 .S T. i-,,itii .160 _• 1a7.r #9 2Ca 240.•• - . la rt.' fa • • . , .4:: .� t.. Y ys c RyY'+Zr F - •`C 6 Q •o r „a /l�/.f�.�� .//�S�lr` �i. „, 112.05. 400 300- ' 100 . ., t x• • p • s w in c '"� c c o N .D3' r ° rA ! N D Is _ w 3 ° � '80.0• 110.0 10346 ! N89°ODE ;, II�'r�ai' • C 1 12 03 n ° O V • (TO PUBl1C 317_43) ii g,t;F r�!;iau,..;✓,w,;��` • — :. q STREET , ! ! 113.04 110.00 11 p--4 y��9°i�`plr ?M ��} 700 800 F 900 $,0• i 1000 Q �: 20+16.00 it'' N C , S 1 1 Al .3.5 Ac. 13 • 14 • i W10 15 0°1 16 �. • •. s i z . lt. . IN , _A : r. p 7c3,Is_ . . 0,...) . 2c1: ..i,,. 41 Z 3 W .. M 45 =is•o5'r • 115.,35 •► _ 9700 a 1 14 00 103.so N 99°OSE 1 N t9.03V •N t9.OSE 9700 t+cwra ; • ,:: ...r t ,ctsrr•, • 1 4 !inn • k '� ° •, ., t9nn 1200 11QO `-' ' .,� . I STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION t:, NOVEMBER 25, 1980 - 7:30pm FOWTP R 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 this occur, unrequested, the item will be tabled until the following Hearing. DOCKET: ZONE CHANGE, ZC 28-80 (Drinkwater/Erlenbusch) NPO #6 APPLICANT: Fred R. Erlenbusch OWNER: Robert D. Crider • 225 NE Scott Dr. 2851 SW Lakeview Blvd. Gresham, Oregon 97030 Lake Oswego, Oregon 97034 REQUEST: For a Zone Change from Washington County RU-4 to City of Tigard Comprehensive Plan designation R-7 "Single Family Residential." LOCATION: 16305 SW 92nd (Wash. Co. Tax Map 281 14A, Tax Lot 802) . I. FINDINGS OF FACT: Property annexed to City, Zone change was never made. Applicant requested a Minor Land Partition and needs to have property zoned to Comprehensive Plan Designation. lif II. CONCLUSIONARY FINDINGS: 1. All property must be zoned to the Comprehensive Plan Designation. 2. Property must be zoned before the Minor Land Partition can be granted. III. STAFF RECOMMENDATION: Staff recommends approval. 44/460e0e Aldie Howard "- Planning Director AH/ps i i STAFF REPORT AGENDA 5.3 • TIGARD PLANNING COMMISSION • NOVEMBER 25, 1980 - 7:30pm TV 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 this I occur, unrequested, the item will be tabled until the following Hearing. DOCKET: CONDITIONAL USE, CU 13-80 (Richard Sturgis-Senior Citizen Living Center) NPO #1 APPLICANT: Richard N. Sturgis OWNER: Same 2216 SW Sunset Blvd. Portland, Oregon 97201 REQUEST: For a Conditional Use in an R-7 Zone for a Senior Citizen Living Center on 1.6 acres in NPO #1. LOCATION: 13335 SW Hall Blvd. (Wash. Co. Tax Map 2S1 2DA, Tax Lot 702) . PREVIOUS ACTION: Tabled on October 28, 1980, Planning Commission meeting. STAFF COMMENTS: On October 28, 1980, the Planning Commission tabled this application r ' to allow Staff and the applicant time to resolve certain pertinent issues. The applicant has reduced the density of this proposal from 84 units j' to 76 units and has reduced the building to two (2) stories instead of three (3) . This reduces the "impact" of the structure and reduces the r parking space requirement to 38 spaces instead of the 42. The applicant shows 15 spaces in the flooplain and has submitted a Sensitive Lands Permit. No change in the flooplain is anticipated except to provide an asphalt surface and curbing. The major concerns of the Fire Marshall have been satisfied. The fifty (50) foot access requirement in the code could be met although thirty (30) feet seems adequate. A driveway surrounding the building has been included on the revised plan. • Staff admittedly has changed its approach from one of denial to one of acceptance. Several reasons for this change came about after the applicant's • presentation on October 28, 1980, and after a meeting with NPO #1 members. The Conditional Use section of the code never anticipated this proposed density although it does list "home for aged." We have to "re-think" the code in relationship to this application. The 76 units per acre is almost double the density allowed in the highest density zone in this city--A-40. The relevancy of this is the question. The applicant's presentation--"Unfortunately these people don't have many visitors"-- reduced the parking requirements. The parking for Staff persons is a concern, but if parking in the flooplain were allowed, the applicant Ia would be four spaces shy of the code requirement. The issue seems reduced to hoping some would ride the bus on Hall Blvd. it 1 1 STAFF REPORT AGENDA 5.3 - CU 13-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 2 One concern was that this structure could be converted at a later date to a use other than for Senior Living. The applicant must guarantee to HUD that seniors will be housed here to obtain financing. This assures the use for thirty (30) years unless the oroject is refinanced or sold. The chances of that occurring are insignificant. Just to show you that the Planning Director is approaching the "senior" status, it should be pointed out to you that I am considering a Comprehensive Plan Revision to change the zoning on the five (5) acres to the north, also owned by this applicant, to A-70/80. If this change was approved we would create a Senior Living Zone in this area. The five (5) acres to the north and this particular parcel could be zone changed to A-70/80. The main reasons for this proposed Comprehensive Plan change are the proximity of the new Senior Center, the park area planned between Main and Hall, the availability of mass transit and the industrial zoning along Burnham to the north. These factors would make this area very attractive for this density. Obviously this proposal would have to go before the NPO, you, and the Council, but a very strong case could be made supporting the appropriateness of this Comprehensive Plan change. k I. FINDINGS OF FACT: 1. The Comprehensive Plan Map shows this parcel in the greenway along Fanno Creek. It has been clearly shown that a large portion of this site is buildable. Buildings exist on the site. The applicant has requested use of a portion of the floodplain for parking. This would not seriously change the floodplain. A Sensitive Lands Permit has been submitted. All work in the floodplain will be reviewed by the Public Works Department during the Site Design Review process. 2. Applicant has reduced the height of the building to two (2) stories and reduced the density to 76 units which reduces the site parking requirement. 3. The Fire Marshall and Planning Staff have reviewed this proposal with the applicant. 4. Code Section 18.20.020 allows "Home for the aged" as a Conditional Use in an R-7 zone. NPO #1 has reviewed this proposal. Most of their major concerns have been satisfied. II. CONCLUSIONARY FINDINGS: 1. If the Planning Commission allows the parking in the floodplain, the applicant can meet the parking requirement of 38 spaces. 2. Adequate access is available. The concerns of the Fire Marshall have been or will be satisfied. f li STAFF REPORT AGENDA 5.3 - CU 13-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 3 g 3. Actual density has been reduced. Height of structure has been reduced. 4. NPO #1 concerns have been addressed as much as possible. III. STAFF RECOMMENDATIONS: Staff recommends approval subject to the following conditions: 1. All plans for work in the floodplain be approved by the Public Works Department prior to the issuance of Building Permits. Floodplain to be staked in the field prior to Site Design Review. 2. Project to be subject Site Design Review. 3. All plans for work in Oregon State Highway right-of-way shall be approved in writing by Mr. William Geibel of Oregon Department of Transportation in the form of an ODOT Permit prior to issuance of Building Permit. 4. The Fire Marshall shall approve the project relative to fire-life safety. All concerns of the Fire Marshall shall be satisfied prior to the issuance of Building Permits. 5. Sensitive Lands Permit M 8-80 must be approved to allow parking in the floodplain. 6. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 7. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 8. Grading and construction plans for all work in public rights-of'-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and Oregon Department of Transportation, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits; or (2) bonded o to the City for 100% of the estimated cost thereof prior to the recording 3' of any minor land partition, y � , public dedication, final plat or issuance of Building Permits. r , r FI 47 STAFF REPORT AGENDA 5.3 Cu 13-80 TIGARD PLANNING COMMISSION Page 4 9. All existing and proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 10. All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 11. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. oe 'j611. ..N......"-.°.5: 1--------.. — Aldie Howard Plannin g Director AH/ps STAFF REPORT ifAGENDA 5.4 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30 pm FOWTFR JUNIOR HIGH - TFCTURE 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 THIS OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING, DOCKET: CONDITIONAL USE, CU 15-80 (Geoffrey W. Levear) NPO #5 APPLICANT: Geoffrey W. Levear OWNER: Marianna Zawaske 13571 SW 61st Avenue 12360 SW Hall Blvd. Portland, Oregon 97219 Tigard, Oregon 97223 REQUEST: To expand the "Start Right Day Care Center" by using an adjacent lot. LOCATION: 12360 SW Hall Blvd. (Wash. Co. Tax Map 2S1 11BC, Tax Lot 900) PREVIOUS ACTION: A Conditional Use Permit for the property immediately to the south (Wash. Co. Tax Map 2S1 11BC, Tax Lot 1000) was granted in 1967 and 1968 (Reference CU 13-67 and CU 16-68) for a day care center. An expansion was granted in 1975 (Reference CU 15-75) . I. FINDINGS OF FACT: 1. Section 18.20.020(16) of the Tigard Municipal Code allows a day care " center as a Conditional Use in an R-7 "Single Family Residential" Zone. 2. Hall Boulevard is in substandard condition with no sidewalks or curbing. II. CONCLUSIONARY FINDINGS: 1. A Conditional Use must be approved by the Planning Commission. it 2. Improvements need to be made to Hall Boulevard. III . STAFF RECOMMENDATIONS: Staff Recommends approval subject to the following conditions: 1. Project to be subject to Site Design Review for fences, parking, etc. 2. All work done on Hall Boulevard must be approved by the Oregon Department rll of Transportation. Improvements to be approved by the Public Works Director of Tigard. YI c.7 Half street improvements to arterial street standards should be made for the full length of Tax Lot 900 and Tax Lot 1000 to the corner of Hunziker and Hall Boulevard. These improvements shall be approved by the Public works Director prior to the issuance of Occupancy Permits. • STAFF REPORT AGENDA 5.4/CU 15-80 TIGARD PLANNING COMMISSION NOVEMBER 25 , 1980. Page 2 3. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 4. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 5. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted' to the Public Works Department for'review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat, or issuance of Building Permits. 6. All existing and proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 7. All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 8. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. STAFF COMMENT: In the past, the people (Knoll Drive Homeowners' Association) have been reluctant to allow uses in their area other than single family residences. The need for day care centers is obvious - see attached supporting documents. The area residents have been notified of this proposal. rC01) ljdOti IL/6W tit Aldie Howard Planning Director AHvmc • I -, ','� 1 WASHINGTON COUN� SEE MAP . SC E--�, I N '. . 2S 1 168 INITIAL POINT RiC KNOLL ACRES GEORGE 592 SS E 580°24\E Z81.1 C • `0 a 454.18 ' a.% ! S° 123.2 �• ii N 80 23\ - ,/�/ Z��n/y� �X/r%ilv�LJ� ,►0�\ r N.W. CORNER• //��/�;�/�.0 a 500 400 z q 301 N . CORNER ;, ._..r. c.R.a, - dl 600 +C o \ 2t79AC. Oak. Pk 39 , 0 . kr. i■ / . . O 6 N ,\N /0.•‘,... 700 '_ \I_I GS, n899,.... ,k.. ry 2 !N • 1 .. '� 1; N I 91 a 197. , (C.S.NO.12029) 701 E VACATED 322/372 N67o a\ ' S.W. .,E - •,.., . ''••••••• =w!/Q/" w "'r. t N67o13. 2> ti J �1 J� W • 0 1` .27 ld0. iOea o h >�r 0.77 r01 0 f} r 800 i) • d O 1 ` a ° �IB7T�3 IY 1 to I 3,3�' 'al y . ',500 236.4 —. • 1 U .. 01- v. X87 S e • I. tub 29r M 13P a u, T-.4.:�'.,i S6?o13. h! P1 900 '° _ :r/�,G:. r Z7 N/ h o z c ci v f OO "% . N 8 s r" 4,- o • w ' 1 INITIAL Pt71tert-47,,.'1 e I r = N ? TIGARDIA TERRA ° i7 n \ 1513 .e0 ., / 6781 k at • S 11003 ! 0 '. 1700 258.4 Z1 P 1000 1200' O r 1 G.�A R.i A 5 • No / sc7o N`' - _•0 } -- WI 01 ni 6 p . 1800 44 53.16 ' ' 3A of W . \I • 1 N P h. v.: 1801 IO.,C u,1 /04368 53 ° • �' c ) )) 1900 '�� 967 ' b4 80 /13 _ - r.4 _ 1 T I i , 201 ('' G-,44, 60039,16 0. ��3 4 �h o .92Ac. • 1 1 1 v�1 } 10133 49 30 ►• c•* 3 N' ,4 vi • 0,ti o43 .- P N N Ot • 0. %% , Z o N 1 �. 3/9\ P r. 1 N6 61 .. 99,5 o -_ - ` 1 3.224c/ ru P No. 544?'':1 .9,s ' --'64. , SA �BCIO \, . S�+0f F1NS , 1043,90 ♦ 966j2s, !9?.29 `STREET N�•39,W vNMQa/;9. • 29 • �I�l '00 '• Is+46.l5°,G. 25Ac. - O O, 4 e'0 f• ' .s n •MAP ' 2401 I 2A0 • 3,094c.• s6poJe f`,,s • 3•, 439 • • • dip Da v v ° This is a request for a conditional use permit at 12360 S.W. Ball Blvd, and R7 residential zone, for the operation of a children day care center. A use permitted under Chapter 18-20 Section .020, Paragraph (16) of the City of Tigard municipal code. This property is located south of Pacific Highway on Hall Blvd., adjacent to an existing day care center ( which is owned and operated by the applicant), who wishes to expand into the subject site. The need for good quality day care center continues to increase in the Tigard area. This can be substantiated by the waiting list at the existing day care centers and by the attached letters from Childrena Services Division of the State of Oregon quote; "There is an extreme need for day care services for the infant and toddler population", and from child care coordinating council quote; "Because of the growing need for child care in the Tigard area, we support your efforts to expand". This site is ideal for the proposed use as it will be expansion of the existing day care center and therefore, the existing access, egress and parking will be used; thus, not affecting traffic flow. Also it is located conveniently to the growing industrial areas of Tigard providing employers and employees the advantage of a reliable children day care center close by or on route to the place of work. The appearance of the neighborhood will remain unchanged as day care can be conducted in a residential structure with minimal alterations. In this location a fence will be added for the safety of the children. For the past three years, the applicant has provided top quality and reliable day- care services benefiting the children, parents and their employers in the Tigard community. • , INN Of NG COUN 2 cfprzuNAT1. - DisTMC ) 11/7 CI4ILD C/4•E C - April 22, 1980 Judy Levear Start Right Day Care 8485 S.W. Hunziker Tigard, OR 97223 Dear Judy, The 4-C Council would like to express our support for the expansion your center. In surveying the other centers in Tigard we found no - openings for infants ages 6 weeks to 3 years. There were also few spaces for care of preschool and school age children. There are 17 family day care providers in Tigard. When we updated in April six of these homes had openings for a total of eight children, three under age two. Because of the growing need for child care in the Tigard area, we support your efforts to expand. I. Sincerely, • . - • CT/4■•22)L- 4-%f-)"it''.i.4.4 Ruth. Marshfield r and R Coordinator RH/rh • • • 4rL. • • Child Care Caprdinating Council (4-C) • 1110 S.E. Alder • Portland, Oregon 97214 • (503) 238-4320 `` ' 0 Department of Human Resources CHILDREN'S SERVICES DIVISION VICTORATIYEH Day Care Center Certification—Clackamas, Columbia and Washington Counties • . COMMERCE PLAZA, 7100 S.W. HAMPTON #207, TIGARD, OR 97223 PH. 229-5008 March 31, 1980 To: City of Tigard Planning Department City Hall, Tigard RE: Start Right Day Care an.d Preschool 8485 SW Hunziker Tigard, Oregon 97223 This letter is being written in support of Joyce Levear's proposed expansion of Start Pight Day ".are and Preschool. This facility serves parents in the Tigard, Tualatin, and Sherwood areas and has been at capacity for some time now. If Levear is allowed to expand to the adjacent property, she proposes to serve a small group of infants and toddlers as well as additional preschoolers. There is an extreme need for day care services for the infant and toddler population. • If you have any questions, please do not hesitate to call. Sincerely, Susan Paaso, Day Care Center Certification, Washington County • SP:sv • AN EQUAL OPPORTUNITY EMPLOYER. • STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30pm IP 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 this occur, unrequested, the item will be tabled until the following Hearing. DOCKET: CONDITIONAL USE, CU 17-80 (Donald Holmboe-Ye Olde Windmill) NPO #7 APPLICANT: Donald A. Holmboe OWNER: Century 21 Homes 6540 SW 204th Place 7412 SW Beaverton Hwy. Suite 112 Aloha, Oregon 97007 Portland, Oregon 97225 APPLICATION DATE: October 31, 1980 SITE LOCATION: Lot 27 Ye Olde Windmill Subdivision (Wash. Co. Tax Map 2S1 388, Tax Lot 10700) . REQUEST: For a Conditional Use in an R-7 "Single Family Residential" zone to construct a single family attached unit on 10,000 square feet. PREVIOUS ACTION: Zone Change, ZC 3-78 - A request to change R-7 and R-15 zoning to R-7PD, denied. • Zone Change, ZC 14-78 - A request to change R-7 and R-15 zoning to R-7PD, appproved. Subdivision, S 10-78 - Subdivision approved. Minor Land Partition, MLP 18-80 - Applied for in November, 1980. Held waiting outcome of appeal by surrounding property owners. I. FINDINGS OF FACT: The Tigard Municipal Code allows duplex residential as a conditional use in an R-7 zone (Ref. 18.20.020) with a minimum lot area of ten thousand (10,000) square feet. II. CONCLUSIONARY FINDINGS: The proposed use is supported in NPO #7 Plan Policy #7 as follows: "Within the urban low-density residential area, allow duplexes on lots less appropriate for single family homes including locations at street intersections, adjacent major thoroughfares, and as buffers between multi- family areas." STAFF REPORT AGENDA 5.5 - CU 17-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 2 1 III. STAFF RECOMMENDATIONS: Staff recommends approval subject to the following conditions: 1. The right-of-way for 123rd Court is currently forty (40) feet. The • Public Works Director shall determine whether an additional ten (10) feet will be required along 123rd Court. 2. A conditional use must be approved for the construction of the proposed single family attached units. If the Planning Commission denies the Conditional Use, CU 17-80, the Minor Land Partition, MLP 18-80 is void. 3. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 4. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. .,' 5. No Building Permits shall be issued until the expiration of the twenty {i (20) day appeal period from the date of approval. die Howard Planning Director AH/ps 4r STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30pm 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 this occur, unrequested, the item will be tabled until the following Hearing. DOCKET: CONDITIONAL USE, CU18-80 (Wm. Hoffee/Pinebrook) NPO #6 APPLICANT: William B. Hof fee OWNER: City of Tigard 18622 SW Boones Ferry Rd, 12420 SW Main Tualatin, Oregon 97062 Tigard, Oregon 97223 REQUEST: For a Conditional Use Permit to construct two (2) attached single family residences on each parcel - total of four (4) units. Code Section 18.20.020(1) Duplex residential. LOCATION: Pinebrook Terrace, Lot 1, Parcel A & B (Wash. Co. Tax Map 2S1 11AD, Tax Lot 400) . PREVIOUS ACTION: Land owned by City of Tigard for sewerage pumping station. Station was removed and property declared "surplus" for sale. MLP 9-79 split lot eT into two (2) parcels of 12 ,089 square feet and 10,936 square feet. I. FINDINGS OF FACT: 1. Property presently zoned R-7 "Single Family Residential." Duplex construction is allowed on 10,000 square feet in this zone. Code 1 Section 18.20.020(1) . 2. Public services are available to this site. Permanent easement for storm and sewer line crosses property. II. CONCLUSIONARY FINDINGS: Use is allowed in R-7 zone if Conditional Use is granted by Planning Commission. III. STAFF RECOMMENDATIONS: Staff recommends approval subject to the following conditions: 1. Development subject to Site Design Review prior to the issuance of Building Permits. 2. Sewer and storm drainage easement to be clearly marked on site plans and verified by Public Works Department prior to any construction of site. Dedication of permanent easements to the City for these lines shall be made prior to the issuance of Building Permits. • is ;, .. STAFF REPORT i AGENDA 5.6 CU 18-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 2 3. Drainage area on this site is not to be filled or built upon. Site Design Plans shall show a drainage plan and shall be approved by the Public Works Department prior to issuance of Building Permits. 4. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 5. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 6. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be � Pp Y P either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits. 7. All existing and proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 8. All streets and parking areas shall be concrete or asphalt. All . sidewalks shall be concrete. 9. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 10. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. Aldie Howa d LPlanning Director ::::: AH/ps 1:I 0kt STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30pm 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 this occur, unrequested, the item will be tabled until the following Hearing. DOCKET: CONDITIONAL USE, CU 19-80 (Getty Construction) NPO #5 APPLICANT: Getty Construction OWNER: Same 11032 SW Barbur Blvd. Portland, Oregon 97219 CONTACT: Robert Cruz David Evans & Assoc,, Inc. 200 SW Market St. , Suite 100 Portland, Oregon 97201 REQUEST: For a Conditional Use in an R-7 "Single Family Residential" zone to construct seven (7) duplexes on 2.2 acres. LOCATION: SW Bonita Road (Wash. Co. Tax Map 2S1 12BC, Tax Lot 1500) . PREVIOUS ACTION: This property was reviewed by the Planning Commission on December 6, 1977, and was approved for a conditional use for seven (7) duplexes in the R-7 "Single Family Residential" zone in comformance with Code Section 18.20.020(1) . This conditional use has expired under Code Section 18.72.030. Applican' is requesting reactivation of this conditional use (Ref. CU 39-77) . A subdivision preliminary plat was approved by Staff on November 29, 1978 (Ref. S 14-78) . I. FINDINGS OF FACT: 1. CU 39-77 has expired. 2. Applicant must reapply for conditional use - Section 18.72.030. 3. No substantial changes in the area have occurred which would make this application inappropriate. Findings included in CU 39-77 valid. II. CONCLUSIONARY FINDINGS: 1. Applicant is attempting to comply within the Code Section 18.72.030. 2. Reference CU 29-77 Staff Report. " STAFF REPORT AGENDA 5.7 - CU 19-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 , <',i Page 2 III. STAFF RECOMMENDATIONS: Staff recommends approval subject to the following conditions: 1. Half-street improvements to Collector Street standards will be required. 2. The preliminary plat may show "Common Wall" lotting patterns for future conversion to condominiums or sale of each attached unit,. If this is done, condition one (1) above shall apply to each unit of each duplex. 3. A twenty (20) foot right-of-way dedication shall be made to the City on the frontage of this entire property along SW Bonita Road. 4. Project shall be subject to Site Design Review prior to the issuance of Building Permits. 5. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard h .ve been satisfied and inspections verifying this have been carried out by the appropriate department. 6. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 7. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits. 8. All existing and proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works 1 Department. 9. A metes and bounds legal description and map shall accompany a dedication of public rights-of-way, parks, open space or floodplain areas and shall be prepared by a registered engineer or land surveyorer. 10. All streets and parking areas shall be concrete or asphalt. All 4ir sidewalks shall be concrete. • STAFF REPORT AGENDA 5.7 - CU 19-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 3 11. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 12. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. OOP Ifs Aldie Howa d Planning Director AU/Ps Ejri. STAFF REPORT AGENDA 5.8 TIGARD PLANNING COMMISSION NOVEMBER 25, 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 this occur, unrequested, the item will be tabled until the following Hearing. DOCKET: CONDITIONAL USE, CU 20-80 (SW Church of Christ) NPO #6 APPLICANT: Allan Vance OWNER: James L. & Irene McCoy 18311 Woodthrush Circle 9825 SW Kimberly Drive Lake Oswego, OR 97034 Tigard, OR 97223 REQUEST: For a Conditional Use in an R-7 "Single Family Residential" Zone to use an existing house for bible school classes. LOCATION: 15805 SW 98th (Wash. Co. Tax Map 2S1 11CD, Tax Lot 701) APPLICATION DATE: October 31, 1980 PREVIOUS ACTION: Reference Zone Change, ZC 31-77 / Conditional Use, CU 23-77 / Zone Change, ZC 23-79 / Conditional Use, CU 18-79 I. FINDINGS OF FACT: 1. The Code allows churches and accessory uses as a Conditional Use in an R-7 Zone (Reference 18.20.020) . Bible classes are an accessory use for churches. 2. The applicant intends to utilize parking on the existing church site across the street for the bible classes. There are eighty-four (84) spaces on the present site. Fifty-six (56) are needed for the present combined church and bible school use. The remaining twenty-eight (28) spaces should be more than adequate for the additional bible class space. A hatched crosswalk will be necessary to connect the parking lot with the new structure across SW 98th. A sidewalk will also be required in front of the existing church property and the proposed site (along both sides of SW 98th) to protect pedestrians. II. CONCLUSIONARY FINDINGS: 1. The proposed use is allowed in an R-7 Zone as a Conditional Use (Chapter 18.20.020 of the Tigard Municipal Code) . ii AIMMEMIIMMMI STAFF REPORT AGENDA 5.8/CU 20-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 2 III. STAFF .RECOMMENDATION: Staff recommends approval of this Conditional Use with the following conditions: 1. Full half street improvements shall be made to SW 98th in front of the existing church site. The sidewalk shall align with the sidewalk to the north. 2. A sidewalk shall be painted on SW 98th at the south intersection of SW Kimberly Drive. The exact location and dimensions to be approved by the Public Works Director of the City of Tigard. 3. A nonremonstrance agreement for the future improvement of SW Durham Road shall be signed. 4. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 5. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 6. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording or issuance of Occupancy Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the plat or issuance of Occupancy Permits. 7. All existing and proposed utilities shall be placed underground. 8. All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. P4pa d y Liz Newton, Tigard Planning Departmen LNvmc r a • 636 44c - • •i r ��` 29 24 110 z R2 -8 i 6 ; • 7aq Vii• 5%.ice -,I 5n5°90 4.4-E, ( - �Sas°so 44 E x os _ /ls' , N 2700 lV�� r <�" \� �, n . W 15126 ✓ ° TR CT •L �� w O. � � 2800 G/l rl 7'� +�9 ,�0`. RI. • CT "-' 17 ‘10.1. a G F 1.Rs ; - COMMON F C)Llry '^ 2900 54 /� �n1 NS �_ 5 69'5044E �I98.87 � • `. ' 3000 540t. ) 'C\. 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(a 9000 34 35 1_1:1 O N 89°� co o Q "" 122.89 •36 IN 89° 481/2'E 165.91) -,o •In 207 - - -1 MM E A5EMEN7 99 °I • w.g §200 S • 95 , 95 - J 107.88 500 . '00 8800 8900 SO Ac .� 5100 N . 0 39 M 38 ° 37 f R'42. a 4900■ INITIAL S • 8.25 a _ _ 7473_ 95 107.71, r- _ - - — r 4 6' V•+ CR. 473 25+36 Ip O VAC. C.R. No 473 8�°fi 30" E °1 w �Ja - TO .2,PUBLIC 1013/2'8 /� . ,.... •,, .•• ;..:- . ,.,:• 2 TERM Pr 2. CR Na 204'1 i.0 . ....•..,..,. .... n I6S.. .. \ 330. R October 31, 1980 Tigard Planning Commission 12420 S.W. Main Street Tigard, Oregon 97223 The Southwest Church of Christ requests a conditional use permit to occupy the house at 15805 S.W. 98th Street as a residence and for church related Bible classes. The reason we are requesting this permit is because we have a present need for additional Bible class space. Churches are beneficial neighborhood occupancies so this request is in conformance with Tigard's adapted comprehensive plan. x>> The public will be benefited from this proposed action because the property will be used to teach people to be better community citizens. The proposed use should have no impact on adjacent sites or the immediate neighborhood. Our proposal should not change the present public services in the area. Southwest hurch of Christ Allan Vance STAFF REPORT AGENDA 5.9 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30pm FOWLER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut Street, Tigard No submission of additional material by applicant shall be made at this Public Hearing unless the applicant is requested to do so. Should this occur, unrequested, the item will be tabled until the following Hearing. DOCKET: VARIANCE, V 14-80 (Silco Construction Co. ) NPO #2 APPLICANT: Silco Const. Co. OWNER: Arlie and Irene Mawhirter 18791 SW Martinazzi 14265 SW 80th Place Tualatin, Oregon 97062 Tigard, Oregon 97223 REQUEST: For a Variance in the setback requirements in an M-4 zone to permit construction of a building. LOCATION: 9350 SW Tigard Street (Wash. Co. Tax Map 2S1 2AB, Tax Lot 1901) . STAFF COMMENTS: The present 5,000 square foot building was constructed on this site years ago. A large building was constructed to the west with twenty (20) feet of open space between it and the present building on this site. The proposal here is to add a 6,000 square foot building. One of the problems is the setback requirements in the M-4 zone--side yard to be twenty (20) feet. In this case the setback serves no purpose. If this new building is constructed, there will be a twenty (20) foot strip between it and the building to the west. Shifting the proposed to the east to meet the setback requirement would obstruct a drainageway from Tigard Street to Fanno Creek. One other problem is that the building as proposed would be constructed on the 100-year floodplain. The Public Works Director has reviewed this request. Applicant has submitted a Sensitive Lands Permit application. Construction would remove approximately 700 cubic yards from the floodplain. Future improvements in stream flow at the Main Street Bridge may change the floodplain upstream. Note that a portion of the building immediately to the west is now constructed in the floodplain. I. FINDINGS OF FACT: 1. Tigard Municipal Code Section 18.76.020 states that: "No variance shall be granted by the planning commission unless it can be show that all of the following conditions exist: (1) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control; (2) The variance is necessary for the preservation of a property right of the applicant substantially the same as possessed by owners of other property in the same zone or vicinity; STAFF REPORT AGENDA 5.9 - V 14-80 TIGARD PLANNING COMMISSION 7- NOVEMBER 25, 1980 Page 2 (3) The authorization of the variance shall not be materially detrimental to the purposes of this title , be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development plan or policy; (4) The variance requested is the minimum from the provisions and standards of this title which will alleviate the hardship." 2. A portion of this lot is within the 100-year floodplain. 3. SW Tigard Street is in substandard condition. 4. A significant drainageway exists between this property and the right- of-way along Highway 99W to the east. II. CONCLUSIONARY FINDINGS: 1. In this case the configuration of the lot and present structure in relationship to development to the west indicates that the setback requirements are not appropriate for this proposed addition to an existing building. 2. The primary concern is the building in the floodplain. Section 18.57.040 does not allow a permanent building within the 100-year floodplain. III. STAFF RECOMMENDATIONS: Staff recommends approval subject to the following conditions : 1. A full half-street improvement to Collector Street standards be accomplished on SW Tigard Street. 2. The drainageway along the entire east property line be cleared of • all noxious vegetation. Culvert pipe be installed from Tigard Street to Fenno Creek to City requirements. A utility easement be granted to the City over this culvert. Owner to use this area to increase depth of parking spaces to accommodate large trucks used in business. 3. Project shall be subject to Site Design Review. 4. Large sign mounted on roof of existing building shall be removed. No future roof sign shall be installed. 5. No outside storage of used/abandoned signs shall be permitted on this parcel in the future. 6. Issuance of Building Permit shall be conditioned upon engineering and architectual certification that the improvements are floodproofed to or above the 100-year flood elevation--153 feet (That is, impermeable aT "` to passage of water and capable of resisting hydrostatic and hydrodynamic loads and the effects of boyancy) . % • STAFF REPORT AGENDA 5.9 - V 14-80 TIGARD PLANNING COMMISSION /?> NOVEMBER 25, 1980 Page 3 7. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 8. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 9. Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits. 10. All existing and proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 11. All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 12. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. Aldie Howard Planning Director AH/p s I STAFF REPORT AGENDA 5.10 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30pm 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 this occur, unrequested, the item will be tabled until the following Hearing. STAFF COMMENTS ON APPEAL: Reference SDR 28-80 for Georgia Pacific Truck Tank on 14410 SW 72nd Avenue. Please read the attached Staff Report (SDR 28-80) . Note the reference to Chapter 18.59 of the Tigard Municipal Code--Design Review. Section 18.59.030 Applicability, states: "Except for single-family dwellings, no building permit or certificate of occupancy shall be issued except in conformance with this chapter. All new buildings, structures and physical improvements and relocation, addition, extension and exterior changes of or to existing buildings, structures and physical improvements shall be subject to design review including preparation of a design plan, except as otherwise provided by Section 18.59.040. 'Physical improvement, ' as used in this chapter includes, but is not limited to, parking lot areas in excess of three spaces and loading areas, retaining walls, signs, and cut and fill or grading actions. (Ord. 77-25 §10 (part) , 1977) . " Section 18.060.020 Obligation of property owner, states: "The provision and maintenance of off-street parking and loading spaces are continuing obligations of the property owner. No building or other permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking and loading space.' Section 18.060.170 Improvements, states: A "Except in connection with single family uses, all areas used for the standing or maneuvering of vehicles shall be improved according to the same specifications as required for city streets. (Ord. 70-32 §190-6(e) , 1970) ." Section 18.60.190 Drainage required, states: "Off-street parking and loading areas shall be drained to avoid flow of water across public sidewalks and streets. (Ord. 70-32 §190-5 (h) , 1970) ." I have not asked for "additional"parking spaces," I have conditioned this project to bring the site into conformance with the Code. Aldie Howard, P arming Director `T mac: STAFF REPORT AGENDA 5.11 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 - 7:30 pm 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 this occur, 1 . unrequested, the item will be tabled until the following Hearing. DOCKET: VARIANCE, V 15-80 and CONDITEONAL USE, CU 14-80 (David Church) NPO #2 APPLICANT: David Church OWNER: Same 6328 SW Haines Road Portland, Oregon 97219 APPLICATION DATE: October 15, 1980 LOCATION: 12533 SW Grant (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) REQUEST: For a Variance of Condition Number 6 of Minor Land Partition, MLP 20-79. (See attached.) Also, a request for a Conditional Use to construct a single family attached unit in an R-7 Single Family Residential Zone. SITE DESIGNATION: R-7, Single Family Residential Comprehensive Plan - R-7 Single Family Residential PREVIOUS ACTION: 1 A request by a previous owner (Finke) for a Minor Land Partition to divide Tax Lot 1800 into two (2) lots was approved by the Tigard Planning Commission on March 19, 1974 with Conditions. (Reference MLP 1-74.) A request by a previous owner (Kelsey) for a Minor Land Partition for a Variance of drive-way width, and for a Conditional Use Permit to construct two (2) duplexes was denied by the Tigard Planning Commission on September 7, 1976 and tabled in a re-hearing on February 15, 1977. (Reference MLP 7-76, V 9-76 , CU 26-76.) A request by a previous owner (Garvin) to partition a .57 acre parcel into two (2) lots (MLP 20-79 - see attached Staff Reports) was approved on January 24, 1980 with conditions. I. FINDINGS OF FACT: 1. The applicant is requesting the Planning Commission waive Condition Number 6 which was placed on the property at the time MLP 20-79 was approved. Condition Number 6 reads as follows: "6. Applicant agrees to construct only one single family dwelling on the Y rear lot." STAFF REPORT AGENDA 5.11/V 15-80/CU 14-80 TIGAFtD PLANNING COMMISSION NOVEMBER 25, 1980 Page 2 ti 2. The present owner and applicant was unaware of Condition Number 6 when he purchased the property and applied for a Minor Land Partition to split the rear lot for construction of a single family attached dwelling. 3. Attachment A illustrates Mr. Church's present proposal. As shown, Easement B would serve lot 2 and the remaining nineteen (19') foot strip would be split into two 9.5 foot strips to serve as easements for the back property. Mr. Church intended to obtain a Variance for the two 9.5 foot strips. 4. Easement B as shown,(attachment A) , to serve Parcel 2 , is a deeded ten (10' ) foot easement and not a portion of Parcel 2. Use of this easement as a driveway is impractical, however. The existing house on the front lot sits right next to the easement line. 5. Condition Number 6 was placed on MLP 20-79 because of the easement problem. The nineteen (19') foot easement strip was intended to fulfill the ten (10' ) foot easement requirement for a single family unit on Parcel 1 and Parcel 2 (with a Variance of six (6") inches for each easement being granted) . 6. Parcel 2 is technically an illegal lot. Chapter 17.36.020 of the Tigard Municipal Code reads as follows: "Access, The subdividing of land shall be such that each lot shall abut upon a public street. " '7 Easement B is not a portion of Parcel 2 , therefore, Parcel 2 does not abut a public street. At the time MLP 20-79 was approved, a ten (10' ) foot easement strip should have been made part of the lot. 7. The Planning Commission is governed by Chapter 18.76.020 of the Tigard Municipal Code in granting Variances as follows: Granting -- Conditions. No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist: (1) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control; (2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity; (3) The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development plan or policy; (4) The variance requested is the minimum variance from the provisions and standards of this Title which will alleviate the hardship. 1 STAFF REPORT `, AGENDA 5.11/V 15-80/CU 14-80 TIGARD PLANNING COMMISSION NOVEMBER 25, 1980 Page 3 II. CONCLUSIONARY FINDINGS: 1. Condition Number 6 of MLP 20-79 was agreed to on June 3, 1980 by the former applicant. (See attached Staff Report.) 2. A nineteen (19' ) foot strip is not wide enough to serve two units without a Variance. Serving three units 'from'a nineteen (19' ) foot strip would allow each unit 6 1/3 feet for a driveway easement. 3. The applicant does not meet all of the conditions required for granting a Variance. III. STAFF RECOMMENDATION: Staff recommends denial of this Variance based on lack of adequate easement to serve three properties. Staff also recommends that the Conditional Use request for single family attached be denied based on Condition Number 6 of MLP 20-79. ofti th"* Eli abeth Newton Special Assistant to the Planning Director e ; - . firikairM EN r .. A _.• . w , . .. /1 ,, „e , ,,„ , ...‘ .. ,,,.., 6" /,'\ .� u�S. 41 \ \ X.co •i •\ ` c%,%c4, SCE( E: /.' S0' . c c`, I , � O 3 `L.p, r .6,� n_., �4��y� G �q,, n° .(E/• {9' / L1V A 7-) C7\ i r• lots 1 and 2 are lots in an existing minor. partition. lot 2 enjoys the use of an easement over parcel B, a 10 Coot strip; and parcel A, a 19 foot strip. Under the terms and conditions of a reciprocal agreement both units of proposed Tingle ''amily Attacheri i7!,i! 1in;* ...oiiri nc;n, r. r,, nnr1 mii,ntain a roadway over 1 parcels A, and C; and have the use of an easement over parcel B. I lot 2 would share in the maintainance of parcel B, and that part of parcel A necessary for his use and enjoyment of the roadway thereon(leda1 description to :?Deify said Dart.), • A 9,5 foot strip, extending tá S . Grant Ave. •would be a portion of each unit of single family attached. ! 1 I. I . -STAFF REPORT • .$ FINAL ACTION Ti; . ' . • TIGARD PLANNING DIRECTOR .• January 24, 1980 • Tigard City Hall, '12420 SW Main St. • r t • DOCKET: MINOR LAND PARTITION MLP 20-79 (Jack G. Garvin) APPLICANT: Jack G. Garvin OWNER: Same . 435 NE Birchwood Terr. • Hillsboro, Oregon 97123 APPLICATION _ DATE: September 7, 1979 . • SITE LOCATION: 12535 SW Grant (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) REQUEST: To partition a .57 acre parcel into two lots • SITE: . • DESIGNATION R-7, Single Family Residential M . • PREVIOUS ACTION: , A request by a previous owner (Finke) for a minor land partition to divide tax lot 1800 into two lots was approved by the Tigard Planning Commission on March 19, 1974 with conditions. (Ref. MLP 1-74) • A request by a previous owner (Kelsey) for a minor land partition, for a variance • of driveway width, and for a conditional use permit to construct two duplexes was denied by the Tigard Planning Commission on September 7, 1976 and tabled in a re-hearing on February 15, 1977. (Ref. MLP 7-76, V 9-76, CU 26-76) FINDINGS OF FACT: 1. The applicant is requesting permission, in accordance with Section 17.24.030 of the Tigard Municipal Code to partition a .57 acre parcel into 7,445 and 17,384 square foot lots. The intent is to sell the rear lot and to construct a single family house upon it. - 2. The site is designated as "Urban Low Density" R-7 on NPO #2 Plan and is currently zoned R-7, 'Single Family Residential". • 3. The site is a ,flat vacant field, except for a single family house in the • southeast corner of:Tax Lot-;1801. 4. Grant Street is designated as a collector street in NPO Plan #2, requiring , a sixty (60) foot .right-of-way and forty four (44) feet of pavement. The . existing right-of-way is forty (40) feet and 'pavement width is twenty two (22) feet. • • r . . - 41 STAFF REPORT FINAL ACTION TIGARD PLANNING DIRECTOR • MLP 20-79 P. 2 • • • r 5. Sewers and water are presently available on Grant Street. 6, On October 15, 1979, the Tigard Planning Director denied a request by the applicant for a minor land partition to divide Tax Lot 1801 into two lots • because the owner of adjacent lot 1800 claimed that a ten (10) foot easement strip on the northerly side of her lot had not been granted. Subsequent to this denial, the applicant provided, proof that a ten (10) foot easement of • record had been granted by a previous owner of 'Tax Lot 1800, recorded in Book ' • . 902, Page 614, Washington County Records. 7. There is a nineteen (19) foot access provided for the existing single family house and a proposed single family house on the rear lot.' Combined with ten (10) foot ingress and egress easement on adjacent lot 1800, this provides twenty nine (29) feet of access width. Section 18.64.020 of the Tigard . Municipal Code requires a minimum of twenty (20) feet• vehicular access' and. egress for two dwelling units, with eighty (80%) percent paved (or sixteen (16) feet) . A large Ponderosa Pine stands seven (7) feet south of the north property line of Tax Lot 1801 (subject site) at the intersection of the . driveway and SW Grant Street which could restrict driveway width. Exercising fully the ten (10) foot easement over the adjacent lot 1801 would bring the driveway against the foundation of the house on the adjacent lot. , 8. Surrounding land uses include Tiger Oil Company and a single family house to `"' " the northeast on Grant Street, single family houses to the north on Johnson Street, a single family house to the southeast on adjacent lot 1800, a large vacant field and a single family house to the southwest on Grant Street. Across Grant Street from the site is St. Anthony's Church and School grounds. '1 9. The applicant's original intent was to construct a duplex on the rear lot. After the Planning Director's initial denial, applicant requested reconsidera- tion of this minor land partition due to new evidence of proper easements. Staff indicated to applicant on January 3, 1980, that adequate access did not 'exist for. a duplex-•On-the ,rear 'lot ( minimum access Shirty 1301. feet, twenty four (24) feet paved) . Applicant stated that he understood the problem and requested that we proceed with the minor land partition since he is j interested in selling the lots. • CONCL,USIONARY FINDINGS: • 1. The proposal is in conformance to NPO #2 Plan and in compliance with the present Ii zoning. 2. The proposed lot sizes exceed the minimum lot size requirement. i4 3. Adequate water and sewer facilities are available to the site. i . . . i 1. } STAFF REPORT • e r; FINAL ACTION Y� TIGARD PLANNING DIRECTOR CO `' II MLP 20-79 ri P. 3 t: 4. SW Grant Street requires an additional twenty (20) .,feet of right-of-way {k`, along the frontage of the subject site. , . } 5, . The combined vehicular access and easement available to the site is twenty nine ' (29) feet wide, which exceeds the minimum required access required for two dwelling units. Location of the required sixteen (16) foot driveway to the , rear lots could be a problem since the large Ponderosa tree at the front of the driveway impinges on the most desirable driveway location which should be as far as possible from the existing house on adjacent lot 1800. . 6. If the applicant still wishes to construct a duplex on the rear lot, the applicant cant wall have to apply for both a conditional use p PP'-" P? 1 permit for a duplex t. in an R-7 zone and a variance to the minimum vehicular access width (for 3' dwelling units) of thirty (30) feet, twenty four (24) feet paved. Considering I,' the Planning Commission's rejection of a similar conditional use and variance request for this site on February 15, 1977, on grounds of inadequate access, 4: ' single family development of the rear lot appears to be most feasible: t FINAL ACTION: Staff recommends approval subject to the following conditions: 41, 1. That the applicant dedicate ten (10) feet of right-of-way along the. frontage i` ', of the site on SW Grant Street with half street improvements to collector standards prior to the issuance of a Building Permit. . i 2. Grading plans- on all public right-of-ways shall be-submitted and approved " by the Public Works Director prior to commencement of work. 3. sanitary • f Public water service and sanita service shall be installed to this • V- site prior to the issuance of a Building Permit. I;` • 4. No Occupancy -Permits shall be issued until all conditions placed upon this development by the City of Ti3.ir2 have bean satisfied and inspections 1' verifying this have been carried cut by the appropriate department. ' day 5' No Building Permit shall be issued until _p the eirat. on of the twenty! y ,1' 1 appeal period from the date of approval. y - iI 4.r- I 1 • _ x ` i •' ,R Ite ppr r 1 tr C4; It J 4. y, F�4' ti • l � r STAFF REPORT .. FINAL ACTION . 'TIGARD PLANNING DIRECTOR MLP 20-79 . P. 4 • • 6. Applicant agrees to construct only one' single family dwelling on the rear lot. 7.• Prior to any work in the public right-of-way, .Staff receive detailed drawings of.proposed public improvements. Significant trees should be protected.: If your Minor Land Partition has been approved and you have signed and returned the acknowledgement, you should now have your partition recorded by the Washington County Department of Assessment and Taxation. You should bring copies of your Partition Map and. our Staff Report to•t:he County to' facilitate. recording. Your Minor Land Partition is not official until it is recorded: 47144,04 -767, . .- . Prepared by RI-chard N. Ross Approved by Ald • . �, Planning Intern - P1 i for • NOTE: This acknowledgement must be signed and. returned to the City of Tigard, • Planning Department. Failure to return this acknowledgement will result in no further action on this project with regards to issuance of Building - Pe or .engineering approval. 44114 . fa,,,,,,, .._„:::2..,._ _ ,-----2) , ----- _._ rte.. ( • '---.) C,..e.),%. c . t,..g,.1I" Date . -Specs Note: Action of the Planning Director is final unless notification of appeal to the Planning Commission is filed with the-City Recorder within twenty (20) days of the Planning Director's Action. • . , : . 1 , ; :1 • . • . • . . , . , • . . . . , , . , . . . vmc `.. .. . . ; ... 1. 7 .. ... . . _ • ,..... .., ,. . . ,. . ...„.., „..., ,... , ..,...,... ......., . . , • . . . ... /.....„:;A.,, . 0 : .: ... .........,..,..,..,....: „ . „......,„„. { .,. /• < 1\t . TOT ' ;''' ,� ..„ y . , A. .4 i'Vo,,? PA,Q i it/b,' OF ., ' /Or /8,. /Y0 4si 71i4ARp • ' . . W , SEC 24. rzS, RI w, w. • • U► 41g4 rrs oill es.+.if//V,. --- • • r 1 . is .• ' x ITT 30", ? - ilk. • vAxisr/c c.4• , . 4' ,\ if T.L. /TOO ' -. • .. .ur 0: . 4 \�`\ _ N•Tic. /So/ i0 �s-,%, �. , _/ • .1 d CO . �� 'rr:3,.a•-- !!. 6 4. . SeT 6"X io" y • • • • _ I • 4-.••) _,� .� {., S/T!"1/l rrat CAA . . •;; -4,..• A AArfD a A.O/o0P/,w r p' r f ` 1. ',• C.I. f RECJSfcw U :_PROFS SSIONAL - P�. 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