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Planning Commission Packet - 01/06/1981 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. � ( i i i i AGLNDA ' TIGARD PLANNING CO_MMISSION . �JANUARY 6, 1981 - 7:3Opm FO.WLER JUNIOR HIGH - I,�CTURE ROOM 10865 SW Walnut Strcet, Tigard l. Open Meeting 2. Roll Call ; 3. Approval Of Minutes From Previot�^ Meeting , 4. Planning Commission Communication 5. Public Hearing: A. Staff Report ; B. Applicant's Presentation � C. Public Testimony: l. Proponent's � 2. Opponent's 3. Cross-Examination v. Staff Recommendations E. Commission Discussion and Action 5.1 ZONL CHANGE PLANNED D�VELOPMENT, ZCPD 30-80 and SENSITIVE LANDS PER+IIT, M 9-80 (GENTLE LJOODS WASIi. C0. i2U-4 TO CITY OF TIGARD R-7PD) DI??C� +�� j � 5.2 CONDITIONAL US�, CU 2-80) (KATHER/HOFT'MAN �NGIN�ERTNG OI'FICE Itd A-12 ZONE) NPO #1 � � 5.3 C�NDITIONAL USE, CU 23-80 (WM. ��ALKIEWICZ D?1Y CAR� C�NT�R IN R-7 2,ONE) NPO #7 j 5.4 APPEAL OF MTNOR LAND PARTITION, P4LP 16-80 (J. ALLAN PATPRSON) NPO #3 � 5,5 COMPREHENSIVE PLAN REVISION, CPR 1--80 (CITY OT TIGARD �70/80 fQULTI-UNIT HOM� FOR 7.'HL AGED) VPCI #1 5,6 CONDITIONAL USE, CU 23-80 (KNEEL�IND I AND II �TTACHED SINGL� FAMILY) NPO #6 �'�� 5.7 ZONE ORDINANCE ANIENDMENT, ZOA 9-80 (CI'I'Y OF TIGARJa SITE� n�SIGN 12FVILW) �' � 6. Old Business ;i' ; 7. New Business: Frank Currie, Public Works Director, discussion about '� ; floodplain. ?' 8. Other Business `,. t�. 9. Adjournment {; }` �E 4, k'_ �I ij r'i � ,< . �. � � . � . . . ... . , � : .. . . . . � . . .�.�i � t�� _� �) M�NUTFS '�IG�TtD PT,A1�Ti�S�NG CONINIISSZ(7N ' ,Tanuary' S, �.98? •�- 7�30 p.m. Fow1�r Junior IIi.gh - Zecture Room �0865 SW Walnut Street, Tigard Vice President Speaker call.ed the meeting to order a� 7s35 anc� pr�sided throughout in the absence of PresidPnt Tepedina. �.QL7� �AI,I,: :��resent: Funk, Hel.mer, Herron, Ro1.l.eas, Speak�r .(�.�sent; �3onn, Moen, Tepedino Vacan�: One seat S'�a�f t Howard, Newton �he MSNUTE�S of the November 25 meeting were not considered b�cause t ey were distributed at the start o� the meeting and �here was no apportunity �or reviewing them. No GOI�ZUNICA�TONS were repoxted received by either staff or any comm�ssioners: Pr�sident apea�er read the usual natice of authority for and prc�cedure to be followed a.n the meeting, after whzch he apened the PU337aIC HF�;A�.INGS �ortion of the meet�.ng. 5.7- ZON� CHANGE P�,�NNED DEVELOPMENT, ZCpD 30-80 and SENSIT_TVE L,.ANDS �ERMxT M 9-80 (GENTI� WOODS WASH. G0. RU-4 TO �IGA�tD �.-7PD� NPO �5 A r�quest b�r Gotter-Jaehrling Partnership for a. Zone Map I�mendment from Yi,tashington County RU-4 to Ci.ty of Tigard R-7PD "Singl.e Family .ResidPntial Planned Development�� Zane. A Sensitive Lands �rmit application to construct a sew�r �.ine �Ghrough the floodplain. Located a� 15180 SVJ 79th (Wash. Co. �`�x �Iap 2S1 12C, Tax Lots 1200 and 1300). H�ward re�,d the S�AFF I-tEPOR.T and RECOMMENDATIONS. : ; The .A�'P:GSG.�S�IT'S PRESENTATION was made by Robert Cruz oF David ' Evans 8c .A�:�s�co , '��SI�J Mar .� � . , Portland, who stated the staff r�port acc;u�at�ly stateci thei.r request and offered to answer any question�. �3:L�C �:'��T�MOI`1'�' was �iven by Alice Nero, 15080 �W 79�h Ave. , wha expr�ssPC�eonc�rn about the water levels on th� property. Cruz .repo�ted their da�a was what is available in the County o�fices (th� Car�as of Engin�ers' study) and that there wi11 be �urther work dan� i�. p�.atting this information on the ground. � MINU�Cr�, � TTG�:RIJ �?S�AI��NING C0�lMISSIaN January 6, 1981 Page 2 ' ; � �� Howa�d pointed out an addit3.ona1 parcel wi11 be addeel to the dev�lopment, and tha'� the enlarged development wi11 be brought to th� commission a� a compl.ete package for a hearing at both the pre�.ir�inary and general plan review level.. GOMMISSION DZSCUSSI�N AND ACTION: Funk inqui.r�d the nature � of the sens�, ve�Ia�`�'�perm3�. Howard st�ted i� �+sas simply to �llow the co�struetior� of sewer line through it. Thex°eupon Fund ! MO'VED appraval of ZCPD 30-80 and Sensitfve I�ands k�erm3� M 9-80, ' '�a�ec� on staff findin�s and recommendations. Hel.mer seconded the motion, which car.ried unan,imously. � 5.2 COATDIT.SONAZ USE, CU�2-8� (KATHER/HOFFMANT ENGTNEERING OFF2C�; ZN A-12 uONE) NPO #1 A request by �'ohn M. gather for a Conditional U'se to use an existi.ng residence in an A-12 t�Multifamily Re�ident�.alr� ; 2one �ar an eng�neering office located at 8725 SW Commer- , cia1. �Wash. Co. �ax Map 2Sl 2AD, Tax Zot 80Q). Ho�ward r�ad the S�AFF REPOP�T a.nd �ECOMN�NDATIONS. Speaker gu�s�ioned tk�e import and app�cation o e ourt recommendatian, e�ala3ned by Howard. The inter.im r�ature of this request was p�cplained as a suitable use �� the property until three adjoining praperti�s are al1 ready to develap as A-12. The APPLZCANT'S PRESENTA2TQN was made by Katherine Gott, who simply requ�s� ed apprc�va�'.I.�o�th� request. There was no PUBZZG TE�STIMONY. COMMIS�IaN DISCUS�ION AND ACTTON: Kolleas MOV�D approval of Cor�di�iona��'fs� Clf-��'T�aseTon—s�a�f fi.ndings anc`?,recommendations. F3el.�er seconde�. the motion, which carried. unanimously. 5.3 �ONDITZONA�, USE, CU 24-8C7 (T�'M. WALKIE�,�ICZ DAY CARE CFNTER IN R-Z GONE} NPO ,�7 A r�quest by William Walkiewicz for a Conditional Use in $n R-7 Zane t�Single �amily R�sidential" f�r a day care center located at 12�00 SW 127th (�t�ash. Co. Tax Map 2S1 ; 4��,n Tax �,ot 4200). ( i � � � �' � � _ � : r.��NV��;s T:IGkI-� P�ANN�NG (;OT�tISSI�N January 6, �981 ��.�e 3 Howard read the STAFF REPORT and RECO:MMENDAT�ONS. S�Villi.am Walkiewicz, 9295 SW vownir�g Drive, Beavertan, made the AF�.LICAN�'S PRESFNTATT�IV. He explai,ned the desire is to estab- 1.ish a sma .neig�iborhoad-�ased day care center in the large home pre,sently nwned by his mather-in-�law. PUB:T,IC �ESTIMONYy all in appasi�tion, was presented by �he f o11.ow� ��-� John Lawson, �.2585 SW Karen St. (direct�.y across the �treet �rc�m the proposed eenter} , who ob�ected on the grnunds that he bought into the n��.ghbo.rhood as a quiet, s:ingle family area, and did not want it changed. �� Fred Bu11er�, �.2285 SW 127th, also across the s-treet, who up�dsEd th� requ�s� for �he same reason as P�lr. I,awson, and on the basis of the considerable additional traffic which would be gen�rated. ��-�- F�Tarold MorZey, 12320 SV1 1?_7th, who agreed with the other r��- jectars, �x�d ass�r�ed �h� five f�ot fence proposed would resul� in a �visian hazard on �he corner. tit�alkiewicz explained the 1.�ocatian of -the proposed fence, which as plaruzed woul.d not impose a hazard. Th�:re was a d�.scussinn among som� of the nea.ghbors about tra�fic wh.ich wou:Ld be generated. � �-��- Donna Schultz, .l?_40� SV�T i27th, wha objected to �he noise which '� wouZ�. be g�nerated by the cent�r. She rei.terated the single famil.y na�ttxre o� the neighhorhood and denied there was the parking indica�ed by �he appla.cant o ��•� Dennis �3onnono, 12320 SW 1.27th, next doar, whose wif� is a nurs� warking all. shifts (the impl�.cation being the noise wo�xld pr�v�nt I�.e?^ s��ep�ng in the day tim�} and who owns a large dog which mi�ht annoy t11e neighborhood by barking if noisy children were next aoor. #��• Tam. T,a.ml�ert, i2395 SW 127th, who ob�ected for the reasons alreacly expr�ssed. He stated he had two children in another day care cent�r, and would not change. CROSS-EXAMINATION AND REBUTTAI,: Walkiewicz explained the efforts �they ma e o �cqua n t�neig ors w3�k� �heir desi�c a��u i��er��on°. Th� r�spc�nse rec�;ived was not negative, as at this hearing. He �xpzained the di�fusion of traffic via sev�ral approaches; that the m�a�imum a�.lc�w�d by the Children Services Division would be 17; that the noise would be comparable to that generated by a large f�mily of children; that there would indeed be adequate parking ;i i ;. , �.. ,. .. � i , ; 1'ZINUT.£� TIGA?�.D PLA.NNING COMM�SSIt�AT January 6, 19�1 � � Page 4 ; space; and t;Yiat their ob�eetive is to pravide service to their own children �nd 'those c�f the neighborhood at the 1.owes� cos�. There �n1l.owed a rather general d3scus�ian betu�e�n Walkiew�.cz and some o� the protest�rs. Helmer inquired whethe� anyone would 1.ive in the house. The answer is no, partly because of compli.ca� tions with state agenc�.es. Walk3.ewi.cz s�ated there wauld be about a year�s lead time before the center could be in agerati.on. COMMISSTQN DSSCUSSION AND ACTION: Helmer opined the �equest is no comp�le w3��!ze ne3�g o�r ood. Funk had naunerous concerns, man�r of which had been expressed. Herron shRred the cnncerns of the ather� commiss3.oners and question�d -�he adequaey of pla�r space �n.d the noise which would be gex�erated. Speaker r�ised the question of where, �n the light of undaubtedly inc�easirsg need fox� day care center�, they could be sited in T�.gard withaut this neighborhoad oppositian. �t was felt residentia�. areas were generally unsuitable. A suggestian from. the audience c�as -�o use church �acilities because o�f roc�m, �aci,l.ities and parking available. F'unk MQVED denial. af Condttional. Use CU 2�-80 based on data revea�.ed 3.� publ..ic hearing. �ollea� secc�nded the matian, which carried unanimously. ; ; 5.4 AP�AL OF MINQR I,A.ND PARTITZON, MLP 16.-80 (J. A�=;f;�1':i• PAT.�RSQN) NPQ �}3 J. Al.lan paterson is r�questing waiver of half street i�n�roveme�.ts at this time until such a tims a Zocal Im- provement Distric:� (�ID} may be �ormed by the residents loca.ted at 1343n S�t� lU7�h Avenu� (Wash. Co. Tax Map 2S1 3DA, �ax Lot 5600). Howard read the STAFF R�POI�T, consisting chiefly of Staff Comments on Appeal �o,�ie ffi nor land partitian). He illustrated at tkae bl.aekbaard the site, what 3s desired by wa.y c�f the minor land partittan, the c�wnership and present status of 107th, and the resul.t on the ground of a ful.l app�.icat�.an o� city policy in the way of ha1� street improveznents in this instance. He poin�teci oui in this c�zs�, since no �unds waulcl be generated from devel.opment accompanying �he MLPy there are really no funds coming in wi�h which �a f�.nance the ha�.f street improvements by �he awner. Haward explained the comprom�.se worked out caIl.ing for half street improvements anly on S�V Coax ;�,anc�, wi�h nonremons�rance agreements to be secured on. the whole parcel. '''� � ;�� _ -� M�NCJ!�F� TIGARD PLA.NNING COMMISSI�N Januarry 6, �.9ai Page 5 � Howard explained the applicant is appealing the condition in the MZP 3t the suggestion of the City Counsel, because the improve- ments mandated by city policy are so costly no development will take place a� this time. The idea is to have �Ghe commission take public t�stimony and then deny the appeal so it can be taken ta the ci�y council for resplution, since the atssi.�e revolves around the appZication of a policy established by the council. On1y the council. is �.n a pos3tion to mitigate the effects of �he pol3cy in instances such as this where _following policy would impose a severe hardship. �'here ensued discussion among commissioners and staff about how best to get this direc�tly ta the ci�y council for resolution, withaL�t appeal fee to the applicant. Funk felt the broader issue of ha1.f street; improvements should be settl�d by the council., and Helmer attemp�ted to move to that effect. The president called at�ention to the fact �hat thi.s was a public hearing, and called for the APPZICAN�"� PRESENTATION, made by A11an Paterson, 12700 SW Paci�`3.c�I�iway, , .i`�F"e reaT estatE agent in this case. �aterson stated he pr��err.ed the case go directl.y to council, but felt also the COL1riC�.�. wished some input from the plQnning com- missinx�. He sta�ted also that this area, only one black from Paci�ic � fi�.ghway is zoned R-10, but wi17. not l�ng remain at this density. IKay Livingston, 1Q7q0 SW N. Dakota, owner of the property, � � and Dave Nicoli, resident and propspe�tive purchaser of the prop- j Ierty at 1343o S�T 107th, brought up the �utility in this developing , area of instal.ling isola�ted sections nf 3.mpr�vements which would i have ta be worked over when fullPr develapment takes p.lace. i � C01�2MISSION DISCUSS�ON AND AC,�TIQ--N: Howard diseussed at some � length�pro�b�em°, o street improvem�nts a.n T3.gard. He �elt the ` issue �is beyond requfring half street improvement on minor land �ti partit�.ons� �.nd requir�s a more definitive look and ultimately a , ' d�cisinn by �the c3ty oounci�.. He recognized the problem is a hard onP requiring an unpopular political decision on their part. � ThexP w�as �eneral discussion on the need for a more flex�ble � polzcy w3.th regard ta half street improvements, with the recogni- ; �ion each case is dif�erent. �t was felt this case should go ta the ,, councit without an appeal fee or transcri.pt because of the broad � F�l�.ty is°�� in:Telvede � , Speaker MOVEU the appeal of Minor T,and Partition MLP 16-80 ':s b� r�ferred b—�e commission direotly to the c3.ty council, with ;� t'n� cvmment fr4m the commission that while the issue has been sp�ken a t� by coux�.ail, there needs to be mare flexibility permitted in the �f �,, � ,, i; fi,� !• �Y6' , . ,,... ,. . i,� .. .�..�.�I MrNUT��S T�GARb �:LA,NN�NG C�3Nt��I:tSS�ON J�nuar� 6, �.981 �age 6 i � a lieatidn of �k7e ol.ic in cases such as this, The motion was PP P Y s�conde� by Funk and carried unanimously. -� '�he presid�nt at �:1� declared a five-minut� re�ess. 5. 5 COM�'REHENSSVE P:LAN FtEVI.SIQN, CPR. 1-$0 (CITY OF !CIGARD A70/£30 MtJI,T�-UNTT HOM� FOR TH� AGED� N�'� �1 A xequ�st for the Flanning Commission and the City Ce�un�- c.i1. to review a C�mprehensive Plan change whicri would create a specific znne, A70/80�D P�u1.ti-Unit I�ome For T'he Aged. Praperty included would be the property abutting west side of Hall Boulevard, south of Burnham Str�et (Wash. Go. Tax ��ap 2S� 2DA, Tax Lats ?02 and 4C10). Hc�ward read the �T�FF REPOR�' and Rk:CONIl�NpATIONS. Since the city �hrough the p�.ann3ng dire�c or was e app can , the APPI,I- C,ANT'S PR�SEN��.'�ION was the staff report. Howard briefly summar- ��e reasons�or this proposal, which had b�er� discussec� p�eviously. The proposed p1.an for a multi-stor.� unit federally financed, tngether with a pharmacy and geriatric clinic, was pre�en�ed as �. tentative plan for development o.f the new zone. PUDLIC TFS�IMt?NY was given in favor by Pat Hutchinson, Chair- m�n o�NPp ��. ��.�e �s�ate�. �Yze matter had been discussed by their NPO and they could se�; no real objections to i.t; and since this type o� housing i�s needed, they ��lt this was a good pl.ace for i�t. Ann Schramm, 6292 Preakness Way, �+rest I,inn, commented that while sh� h�d no ob��ctions whatev�r. to the p�c�posal, she felt she sk�a�zlc� p4int nu� tha�t the plant of Sahramin ,Plastic Fabricatars is �u�� -�o the north, �nd �hat i� .�s noisy at times. It wi11 aperate saine�Gimes nn more than one shift. CC�MMI��TON D�SCU�SION AND ACTION: Affier some general comments ar�c�ng-'�; e c oinm.�s s�i one rs, HeS�e'r�S the pl.anning c ommi s s i on recomm�nd tr� th� cit�r council the`a�c option o.� Com.prehensive �'1an R��isian, CP�. 1-80, �s�abl3shing an ,A,70/80 Zone on certain; desig- n��d tax 7.ots west o� Hall Boulevard. The motion was seconded by Kolleas and �arr3.ec� tr.nan.i.mously. 5.6 C4?NI�ITI�NAZ U�a�, CU ?3-80 (KI�EELAND I AND �:t A,TTACHED S;CNGZF FAMILY} NPO �6 � reques� by IJarry Grayson for a Gondit3.ona�. Use to °; ��. , ...,,. � : . ___ _ I` �;1 �; ;i Mzr�u�Es TIGARD �T,AI�rN�NG CONlP�7SS�tiN ,�arzuary 6, �.9 8l pa�P 7 construct duplex and. triplex dwellings in an R-? "Single ' �'amily Residential�� Zone located �� S't�l 92nd and SW Durham Road �Wash. Co. Tax Map 251. 14A, Tax Lots 400, � 5�b, and 700) . Howard read the STAFE' REPORT and REGON�iENDATIQN�, illustrating certain points by reference to maps on the wa , and recounting the h3story of the development over the last 3� years. The APPZICANT!S PRESENTA�ION was made by Gary Petty of F3urton Engineering' an�c Surveyo�s, �T�gard Plaza. He stated he w�s available to answer questions. The owner, I,a.rry Grayson, 8946 SW Barbur Blvd. , Portland, and Tom Burton of the engineering company for the pro�ect sprake in favor of the request. PUBLIC TFSTIMONY in op�osa.tion was given by the �ollawing: ' �� John Dougall, 16445 SW 92nd, presented a petition signed by members of se�ven familie� l�.ving om 92nd opposing the request. He expressed the sentiment, heartily seconded by others� that they bought in�o �he area fairly recently because it was zoned A-7 and they �e1.t th�y wou3.d have the stability of an I�-? commura.ity. Because i they perceived dupl.ex�s as a 7.essen3.ng of this stability, they ; oppased th� conditioraal use r�quest. He detai�.�d the traffic prob- ; l�m a�.read.y existing at 92nd and Durham during the morning rush ' hour, together with heavy tra��.c to Cook Park a11 duri�.g �he � four-month soccer season. I ��- �imotY�y I,ewi�, 16135 SW 92nd, ch��acterized the £300 square foot uni.ts as apar�men�s. �� Vl.ad Voytilla, representative of Tu�latin Development Company, questioned the �creage incZuded in G.�nsity �alculations, canfirmed by Howard. He was eoncerned abaut the densi�y which wauld result from approval oi this request. He discussed the traffic and suggestecl at the very le�st a traffic study be made far the area. *�� Dave Hunter, 15835 SW S�r�tford I,00p, is building a home in Pick's Zanding. He reported the small duplexes ;where he lives are a7..mos�t compl.etely rental properties now. On this basis he is oppased to sin�le fam3.l.y a�tached--they become rental.s rather qu�.ckly. CR(JSS-EXAMINATION AND R�BUTTAI,: Gary Petty responded to the ab�ec ons o e s. ze o�tFi�e�un"�3�s, stating they have revised them up�vard to Z200 sq,uare feet, but poin�ed out that is what the market th�se days will support. In response to the issues raised on � M�NUTES TTGAR.D 1'ZANNING COt�'1MI�S:LdN Januar 6 �. 81 � Y ► 9 Page �3 I traffic, Haward related the current status of Durham Road and plans for improvement. He then discussed at some len�th the pressures, both governmental and economic, �which will r�sult i.n substan��ially higher density in the Tigard portion and a11 sec�ions of the Partland metropolitan area. He warned we wi�l have to change our thinking about density, predicting Tigard would have 25,000 res3dents by the year 2000, and 7�0 square foot uz�its within three years. There was a genera:l. discuss:ion of traffic, density, fencing, •school capacity, �e�red�tion of Cook Park and dxug abuse there and around the high school. CUNIMISSION DTSGUSSSON AND ACTION: Fu.nk obtained clarification of tra��c pa�erns,an�c `sugges�"ec.�f�Fie density w�s too great under �hzs proposal. Helmer agreed. .After considerable discussion Funk MOVED approval of Canditional Use CU 23-80 as shown on I�reliminary S�e—P�.an �or Kneeland Estates c�ated 12/17/80, Drawing No. 1; and appraval o�' sing7.e famil.y dwellings �anly (not attached}, on D.ravving No. 2, the southern porti.on of the gneel.and �states development. (�his reduces d�n.si.ty by a�?proximately 15 units. ) .After fur�her discussion the motion was seconded by Helmer �nd carried unani- mous�.y. � 507 ZONF ORDINANCE AM�NDMFNT, ZOA 9--80 (CITY OF TIGAftD � ��TF DESZGN REVIFV�I} , A. r�ques� by the City of Tigard for a Zane Ordinance Tex�t Amendment for Chapter 13.59 Design Review revision. I Howard outlined the Site Design Review Orciinance revision and the ra�tic�nal.e b�hind the revision. S eaker raised the eneral P g ques�ion abaut whether the pr. ovisa.ons calling essentially for aestheti.cs could give rise to court challenges of decisions made un.der the ordinance. Howard opined this is always a possibilit�, but iz� pract3.ce there have been very few challenges. Besides, ther� is no language possible that wou�d eliminate this poss3.- bi�.ity. PUI3LIC �'ESTTMONY was g�v�n by J. H. Bishop, 10505 SW Barbur H1.vd. e ob ec e �'�o the provisions of 18.�9,061 wh?ch au+her= i�es the plannirig directnr, if he deems it in the public interest, in, �ffeat to s�cure a second opinian on a complex or unique pro-� pc�sal �t �he applic�nt's expense. He termed this a ��blank check'�. Howard iZl.ustrated a, qu�.te recent example where this authority prov�d useful in resolving a serious conflict. M�NUTES TIGARD FLANNING COMMISSIOIV Januar.y 6, �.987, Page 9 Bishop ob�ected also ta provisions of 18.59.063 (2) and (3), feeling it may be contrary to provisions in the Planned Development ordinances. Howard pointed out this is essentia�.ly what has been foll�wed 3n practice. Howard suggested the heading � for this rea.d� ��The following additional requirements may be I applicableo �� 'I Bishop called a��tentian to the 150gb security in 18.>9.080 I :(2). Elsewhere bonding is required at on1.y� 100 per cent. Howard agreed to change the 150� �o 100gb. Rishop repor�ed bonding as in the past is go�:ng out in �avor �of letters of credi�, and I wondered if the language, t�other assurances", adequately covered this situatian. He suggested the first word of 18.59.100 should �I be sfngular--�+Ded3cation"--rather �than the plural. Howard agreed. I COMMISSION DSSCUSSION AND AC�'TON: Herron moved the commission refer�Fe rev�sion o�� Si�e Design Review Ordinance, Chapter 18. 59, as s].ightly amend�ed in this hearing, to the city council with a recommendation it be adopted. I�olleas seconded the motion, which carried unanimously. OZD BUSINESS: Howard reported the present status of the HUD bloc� gran or the study of redevelopment of downtown Tigard. STUDY SESSION: Frank Currie presented a series of large- � scale maps s`�Fio�r'ing Fanno Creek as 3�t flows through Tig�rd. He explained the impact of decis3ons as ta allowable fl.pod stages, and point�d out the areas on the maps in which some development 3n what is now considered flood plain might under some circum- stanGe� be allowable. The president declared the meeting ad�ourned at 12:00 o'clock. _ , � —�r i'. PUBLIC NOTIC� TIGARD PLANNTi�TG COP�IMISSION � �� JANUARY 6, 1981 - 7:30 pm F'04VLER JUNIOR HIGH - LECTURE ROOM 10865 SVJ Walnut Street, T.igard 5 . PUBLIC H�ARINGS 5.1 ZONE CII.�NGE PLANN�D D�VEZOPNi�NT, ZCPD 30-80 and SENSITIVE LANDS PPRMTT, M 9-80 (GLNTLE WOODS WASH. CO. FU-4 TO TIGAI2D R-7PD) NPO #5 A request b;� Gotter - Jaehrling Partnershin for a Zone �lap Amendment from 4dashington County RU-4 to City oi Tigard R-7PD "Single Family Residential Planned Developm�nt" Zone. � Sensitive Lands Permit application to construct a sewer linE through the floodplain. Located at 15180 SW 79th (*�9ash. Co. Tax Map 2S1 12C, Tax Lots 1200 and 1300) . 5,2 CONDITIONAL USE, CU 2-80 (JCATHLR/fiOFFMAN ENGINEERING OPPICE IN A-12 20�1�.) NPO �#1 A .request by �Tohn M. Kather for a Conditional Use to use an existing residence in an �-12 "Multifamily Residential" Zon� for an engineering office located at 8725 Sl9 Commercial (Wash. Co. Tax Map 2S1 2An, Tax Lot S00) . 5.3 CONDITION7IL USE, CU 23-80 (WM. r�ALKI�WICZ� DAY CARE CTNTER IN R-7 ZONE) . NPO #7 �i. A r�quest by TAilliam Walkiewicz fora Condi.tiariaJ. Use in an R-7 Zone �� "Single Fami.ly Residential" for a day care cenLer located at 12300 Sb� 127t1� (L9ash. Co. 'Pax N1ap 2S1 4A.�, Tax Lot 4200 5.4 APPEAL OI' MINOR LAND PARTITION, !KLP 16-80 (J. ALLAN PATERSON) NPO #3 J. Allan Paterson is r�questing waiver of half street im��rovements at this time until such a time a Local Improv�ment District (LTD) may be formed by the residents located at 13430 SW 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax Lot 5600) . 5.5 COMPR�H�NSIVE PLAN REVISION, CPR 1-80 (CITY OF TIGARIl A70/80 MUI�`.1'I-UNIT�. HOME FOR THE AGED) NPO #}1 A request for the Planning Commi.ssion and the City Council i:o r.�v�iew a Comprehensive Plan change which would create a specific zone, A70/80PD Multi-Uni�: Home E'or The Aged. Pr��pertir�.i.ncluded wou.ld be I the prot�erty abutting west side of Hall Boulevard, sauth of " I Burnham Street (Wash. Co. Tax Map 2S1 2DA, Tax Lots 702 an d 400) . 5.6 CONDITIUN,AL USE, CU 23-80 (KNE�LAND I AND II ATT�CH�D SINGLE F�IMILYy NPO #6 A request by Larry Grayson for a Conditional Use to construot duplex and triplex dwellings in an R-7 "Single P'amily Residential Zone located at SW 92nd and SW Durham Road ( Wash. Co. Tax Map 2S1 14A, Tax Lots 400, 500, and 700) . �_ . �; -:"ii �;'. �.,°;i; ,.":; �' . ,v _ . I PUBL�IC NOTICF TIGARD PLZ�NNTNG CO.MMISSION JANUARY 6, 1980 Page 2 � 5.7 ZONE ORDINANCE �MENDMENT, ZOA 9-80 (CI�Y OF TIGARD SzTE DESIGN REVIEW) ,I A request by the City of Tigard fox a Zone Ordinance Text Amendment for Chapter 18.59 Design Review revisi.on. TO B� PUBLISIi�D TIGAFtD TIMES �ECEMBER 24 and DECEM3ER 31, 1980 .T 1 �+L,... I � _ , , , .. „ , �� 1.- M "PLANNTNG COMMIS5ION STGN-UP SHEET° ` NOTICE: A.LL PERSOtQS DESIRTNG TO SPEAK ON ANY ITEM MUST SIGN 'I'F�IR NAME AND NOTE THEIR ADDRESS ON I'HIS SFiEET. AGENDA ITEM: �� ACTION REFERENCE: r ''° d NAME ADDRESS �.�. T � � II 6� s �.t� , �lu. �w � � ,�� . � � 1 f-�(' �.. ! L[ �6 7� t�L�tl.� 1 l�7 C7 ..�l�t/ �l/v�'�� "'� `l`i ,�.� l/ �� lV < < v�- � ��K3 v s u�, �v-rfy ��y��,� i � � � AGENDA TTEM:�;� ACTION REFERENCE: �� 1" � / (J ____��/ � i NAME _...-. i� AnD�tE s s '�"' d ; �' .�..'/U> >� � �/ �� I�0� ' � /1�C.�:U,te-dQ ��GG� �` 1 !^� �- � � �'� —_ � ; ; � . ; � � � /� �� AGENDA ITEM:� ACTION REFERENCE: ��1 Z ?j SV �c�L� F9; ;� N�1ME ADDRESS i � ' .� � ��"1 � v � � � � w i S /6/3S" S. G+�. 1r'.Z '�i�vE� ��.s?.e'-L� � � �W 4#K�,�. � �/_ �'�� l'. � G'' �� °�—� ! L �� s , � � � �;- � r, t ' • !I G f t .��.,_ _ - _ ._.,. __....... F n�LANNING CO - o MMISSION SIGN UP SHEET �• NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAN1E AND NOTE Tf�IR ADDRESS ON THIS SHEET. AGENDA ITEM: (�w 7 ACTION REFERENCE: Z-Q TT �� SA lu D��.J • NAME ADDRESS , .� ��"'� SN�y%C' U �d �� lt�✓ .�/s�i2.h�, lt7Ltz%C� ' �' /�.j-�'/�y,�lJf•'t2. %i�Z/J _ - f -� AGENDA ITEM: ' ACTION REFERENCE: NAME ADD�2ES5 i� � ` . . AGENDA ITEM: ACTION REFERENCE: ' N� ADDRESS � 1 t • "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: 5M � ACTION REFERENCE: GP� Y r(�d� v"v P� �V�(�Q 'T /M� ��g *� ` IdAME ADDRESS � � `�.. ��0 8a S� W• � -- � 4n.�. �� ; ,; AGENDA ITEM: S•Z ACTION REFERENCE: f�� "r1� ,�,�, � �� Z- �Q NAME ADDRESS , � �---� l'' , . r— � i---- � �� r i � � � �' (i ', i �' �'i ti . �, (� AGENDA ITEM:�_ ACTION REFERENCE: �( J ' Z.� 'g� I��I� � ��V�'CZ- i; �. NAME ADDRE5S . a �- � � T� � �' �j � / ✓� � (� I L f.rr � � �� 2 1 �rJNOnJa 'L 'Y--D 4•W • (2-'l T� �� -1) t' � �'w � �� ; u�� n� � �� c� ia�� ,� ✓ � la . t � y �� /a 3l o �Gt� �a 7 �Z � � � .._ G�`��/�' ). s�/a�7� / l ,�_.. /��oD �.��0�,,,�, ' / vh,,— .�r�c. � ,�~ ) � /�i�".�' � ,��—. V . ■� r . � ,, _ _ __ _ _ STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION JANUARY 6, 1981 - 7:30 pm FOWLER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut St.reet, 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 HEARTNG. DOCKET: ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 30-80 and SENSITIVE LANDS PERMIT, M 9-80 (GENTLE WOODS) NPO #5 APPLICANT: GOTTER - JAEHRLING PARTNERSHIP OWNER: MARVIN L. SMITH 12995 SW PACIFIC HIGHWAY 3341 NE 57TH AVE. #6 TIGARD, OREGON 97223 VANCOWER, WASHINGTON 98661 REQUEST: For a Zone Map Amendment from Washington County RU-4 to City of Tigard R-7PD "Single Family Residentia.l Planned Development" Zone. A Sensitive Lands Pe rmit a�plication to construct a sewer line through the floodplain. SITE LOCATION:15180 SW 79th (Wa�h. Co. Tax Map 2S1 12C, Tax Lots 1200 and 1300) PREVIOUS ACTION: ��" On Apr.il 10, 1980, the Boundary Commission approved the Smi.th Annexation involving 'Pax Lots 1200 and 1300. The City of Tigard Ordinance No. 80-41 app roving the annexation passed on May 19, 1980. Property was not zoned to the Comprehensive Plan. I. FINDINGS OF FACT: � 1. The applicant has applied for a zone change to conform to the Comprehensive Plan designation. The designation has been amended because of land tl within the floodplain. The City of Tigard Municipal Code states the �� ollowing regarding sensitive lands. _ �:. � �� "�1�.�56:015 Sensitive Lands - All parcels containing sensi.tive lands must � be rezoned as planned development districts before any future development ` � may take place. The Planning Commission may grant exception from this � re quirement if sensitive lands are left undeveloped and the Planning Commi.ssion finds that a planned development designation is not needed to carry out the puxposes of Section 18.56.100." 2. The applicant has agreed to dedicate a'l1 of the land within the floodplain to the City for use as open space. (See attached map) t s �` i � � : : ..,. �._._..,_: _. STAFF REPORT AGENDA 5,1/ZCPD 30-80/M 9-80 TIGARD PLANNTNG COMMISSION JANUARY 6, 1981 Page 2 3. The zarie change requested is in conformance with the City of Tigard's Comprehensive Plan. 4. There will be little effect on the floodplain from the sewer line construction. 2'here wi11 be no filling or structures built in the floodplain. (See attached engineers statement.) T2. CONCLUSIONARY FINDINGS: 1. The applicant proposes to construct a sixteen (16) lot single family subdivision. The Planning Staff has concerns about streets and their relation to the floodplain. These concerns shall be addressed at the Preliminary Review by the Planned Development application before the Planning Commission at a later date, III. STAFF RECOMMENDATION: Staff recommends approval of ZCPD 30-80 and M 9-80 with the following conditions: �� 1. The applicant must appear before the Planning Commission for a Preliminary and General Plan Review. 2. Street plans for the Gentle Woods Subdivisian must be approved by the Public Works Director prior to the General Plan Review by the Planning Commission. 3. Plans for the sewer line to be constructed in the floodplain must be approved by the Public Works Director prior to the issuance of any permits. A metes an d bounds legal description shall be submitted for all floodplain lands dedicated to the City for open space. l�re, r�l�ri N�wton A roved b Aldie H Xu�i'�" Y .l�P Y Special As�ist�ant to the Planning Director anning Director I � � , ^ ._, r '� , " � f� � �; pl � ¢�� . The major physical site characteristic i.s ' A'I its proximity to Fanno Creek just east of E the property. The northeast 1.55 acre is ;I identified by �he Washington Countx . �I� Department of Public Works as being located � within the 100-year flood plain. Fanno �I Creek serves as the collecting paint for � the storm drainage from this area. The tracts of land in this area vary in . '` � size from approximately one-third acre �� to five acres. Typically, one residential �'� dwelling unit occugies each lot. � . � a Property Values � Since zone designation rather than land �I use or lot size would be changed by� approval � of this request, the value of the property hl ' will only be increased by the potential ' � improvements to be construc�ed. Raw land �I value will only b� slightly increased by � approval of the forthcoming preliminary �'I plat. � ,,I o Needs o£ Economie Enterprises � �. � Approval of this request would not change the potential impact upon services now available to the area. However, with approval of the preliminary plat, development of this property would add 16 families to �; this area with their needs for normal arban 4�1 services. �� o Natui:al Resources E ; Approval of this request and the pending � develoPment that would logically follow �; it will have minimal effect upon natural � resources. As stated previously, the area is presently in r�sidential use and has urban services available. No deveLopment within � the 100-yea'r flood plain is being proposed. � � . _ � ��- ;:� .__�>�-__ _.�_�_. _..,_ �. _ . .. -- .� . _ _ .___ _,. _� ._ �... ._, _ . �-�, �� :� � _ �. "� , � _ � $ o � � �+.y o � �o ° �o _ ,_ �6 ,o � \ I \ � � 1 \ �a � � :� C \\ , � � ,�, � . � � , � \��, \ , .� '�� n � �` • �• '� \ • •` ' � — .: •• 65- ,5' ; . � ; I � ` 1 ;�l l � ET � ' Z ' � - � � ; / � 5 RE � �o � \o 5 r .� �, l� t DED/GAT D , , OfD/CAT/ON � � � � � ' . � / , / r � � � � o , � ; OP�N ; �' fs' �, 8 / , , � SPAC,F� � E 9 1 � i �2 STREET ' � /MPROYEME . ' • � � � . ; o• �0 70 : Q f ��o i � , � ' ' �� \ � � � , ' � •�o �6 O; � � o o� 1 0 �`.`` ' \ � �. W�� L _ � .� � Q \ � . _ .__ 70' .. 7 ' �7 'S \ , `� �\ • \ _ � � \ ( / ~ _ � � ��_ � \ `. —'\ ' �/ � ^ � i \ `` ' '•. / I \ -�\ ; � � / � . .. / � � - � � �.. �, . y -� \�- . . . � �.� �r �� . � ./ _..� . �' o. , ., . � � � �. -� � / . .. . ._.� . .1., , � . ; : C �1 � � .� � , �, ; . T�. ,4�0 : �-- ; \ . f Uf�� . . ..__... �. � � ; r---� � 4 ELOP�_ '' �, ' • \ ' �' I � ._ � � I � l —�.��`�---� � ` � L ' ,�, -- _� �� 50, 2 , � �, � �L./402 __ ` .. ' . `, �` .. -- - �\ \ .\ \ . _�._ __ STAFL' REPOF2T AGENDA 5.2 � TIGAFD PLANNING COMNIISSION JANUARY b, 1981 - 7:30 pm POWLER JUNIOR HIGH - L�CTURE ROOM 10865 S6v Walnut Street, Tigard NO SUBi�IISSION OE+' ADDTTIONAL M1�TERIAT� BY AP�LICI�NT SHALL BE MADE F�T THE PUBLIC HEARING UNLESS TI-iE I�fPPZTCANT IS REQUESTED TQ DQ S0. SHOt1LD TH�S OCCUR, UNREQi1�ST�D, THE IT�Nl WILL BE TABL�D UYd7'IL Tf3E �OT.LOWZN� HEI�RINC,. DOCKET: GONDITTONAL USE, CU 2-80 (KATHER�HOPFMAN) NPU #1 APPLICANT: John M. Kather OWNER: HPnry & Marie Hoffman 14670 SW 88th 1670 SW Maplecrest Drive Tigard, Oregon 97223 Port:�;and, Or�gon 97219 REQUEST; For a Conditional Use to use an existing residence in an A-12 "Multifamily 1�esident;ial° Zone fox an engineering of�ice. SIZ`E LOCATION: 8725 SW Commercial (Wash. Ca. Tax Map 2S1 2AD, Tax Lot 800) - STAE'F NARRATTVE: On November 24, 1980, the Tigard City Cpuncil adopted a new multiple f�ntil,y ordinance. (Ordinance No. 80-90) The new ordinance does not allow professional of�ices as a Condition al Use in anX multiple fam�.ly zone. At the time the �'" �pplicant applied for this recuest, professional offices were allowed in an A-12 Zone. I. FINDINGS OF FACT: l. The 'Pigard Municipal Code Section 18.24.Q20 which was in force at the time of this application allowed professional offic�s as a Conditional Use in an A-12 Zone. (reference Tigard Municipal Gode Chap�er 18,24.020) , 2. The applicant intends to use the existing resid�n�ial structure for the business aEt,er some modificati,on. Only� four persons will be em�loXed and a f�w custoraexs or visito.r_s wi11 be in evidence during the day. II. CONCZUSIONARY FINDINGS: 1. The 8,712 square foot pdreel is too sma].]. t�o be deyeloped at its �resent A-17. zoning. N�°ighbors in tlze area do not wish to combine foz A.-12 development at this time. The proposed Conditic�nal Use seems a goad interim use until neiqhbors in the area wish to develop at the A-12 zone density. III. STAI'F RECOMMENDATION: Staff reaommends ap�roval of this Conditional Use with the followinq con ditionS; �. . . . � o� � . . . . sT�r �PORT ` '�' AGENDA 5.2 TI�ARD PLANNING COMMISSION J1�NUARY 6, 1981 - 7:30 �m FOW.LER JUNTOR HIGH - LECTURE ROOM 10865 SW [aalnut Street, Tigard ! l. Full half street improvements to S�a Commercial Street shall be made to i the approval of �th� Public Works Director. , 2. The ap;plicant sha11 apply for Site Design Review. I 3. Tenant �nodifications of space shall be ap�roved by the building inspECtor axid the fire tnarshall prior to th� issuance oi' Occupancy Permits. ' ; 4. Ap,�roval is for the requested use only. Any change in use or ownership sha11 warrant a separate application and ap�roval by the Planning Commission. Z 1 �::u ' �^ � p� Pre red b Eliz eth Newton y Approv y Alc'L�.e Howard Special Assi,stant To The Planning nirnctor Planning nirector , � E �',. � � � k� ,, f. +� j.'; f'�, 7•i i �' �,� �� c' �;. : .�, i . . . . . . , .. .. . . � . - , �:�.4. . ..... . .. . .. . , .. � :�. � .�... . ..��..., . ,. �T ,� �. . � . . . ` .. . . . . . .. .,.��:. . . � .. . T . . .. ,. � +y STAFF REPORT AGENDA 5,3 �'" TIGI�RD PLANNING COMMISSION • JANUARY 6, 1981 - 7:30 pm FOWLER JUNION HIGH - LEC`.PURE ROOM 108b5 SW Walnut Street, Tigard NO SUBMTSSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC FIEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. 5HOULD THIS OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEARING. DOCKET: CONDITIONAL USE, CU 2�80 (WM, WALKIEWICZ DAY CARE CENTER) NPO #7 APPLICANT: William A. Walkiewicz OWNER: Donna Whitmore (Hughes) 9295 SW Downing Dr. #75 12300 SW 127th Beaverton, Oregon 97005 Tigard, Oregon 97223 SITE Lt�CATION: 12300 SW 127th (Wash. Co. Tax Map 2S1 4AA, Tax Lot 4200) REQUEST: For a Conditional Use in an R-7 "Single Family Residential" Zone for a day care center. T. FINDINGS OF FACT: l. Childrens' day care centers are allowed as a Conditional Use in an R-7 Zone under Tigard Municipal Code Section 18.20.020. a�'� 2, The applicant intends to use an existing residential structure with some modification to the interior. 3. SW 127th and SW Karen Avenue are both designated local streets and improved to local street standards. SI. CONCLUSTONARY FINDINGS: 1. The proposed use is allowed as a Conditional Use in an R-7 Zone. III. STAPP RECOMMENDATION: Staff recommends approval with the following conditions: 1. The applicant shall apply for Site Desicln Review. 2. 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 carrie d out by the appropriate department. 3. No changes will be made to approved plans af specifications unless formal application is made to the app.rapriate City department, and changes are approved by that department. Application fo.r changes will be made in writing and shall include applicable drawings. � . .„ � ..� •. , � �` _ . � - . � STAFF REPORT .AGENDA 5.3/CU 23-80 • � TIGARD PLANNING COMMISSION G, JANUARY 6, 1981 �` Page 2 ; �' ii 4. Parking areas sha11 be concrete or asphalt. C � 5. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. i �' I i; �, I.' f,� Gu�e�i �� ,`. Pre red by Elizabeth Newton Approved by ard SPECIAL ASSISTANT TO THE PLANNING DTRECTOR PLANNING D T �. k' ( j' L. J, t f �, �^ i i' F� �� : }. �'� �: �. ii C� �: C � C I(, I � . . . . .------ -----. ...___ . .._.._. _... . .. .. ,. ... . . .. ..• .. . .. . .. . . r . � -. . . .. II »'�e, �...._�. . . .. .. . . _ .. ...p.... 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J3 N 77�� b W � � o . p -� � . . . � a ,�°�.°eco �� C��i�7. 0 2 i a N � �,,<<, _ . �,$ s,� ^ ,aQ� '� � . � .�� as.00 .,, N �,. 3. . s7 n� � 7ap � �� '�►'= 9.' �'Y r" � �0 „�"',�C 100.00 N 77°�7'� 391.9! � I s o ` A� . S�J 8 �C 4�� w •9 L y�j'�-`r ` ��' ., O � O r p �b.,�� •�a O 'y0 �� " S� � lOS.p� a " � ! '4.nC MN T�°a 4� 20 p � �+ _ �r� �� • - ,ir^� SW ]� � � �l]QQ ' , 3�=,� � (�� ~ .. (� ' � `'��! � y_ 1 O 6.pp \�. � � � 9 �� N N 77e�� :: i3000 ,�r,- .. , ?-� •�•�0 soo1J�' _ � 480C) w • � �'�� s ,!•w �, � �'I A. l49��,�,, :`�a��' g3 (^[,� � S 1�3 w-° . � �- � ,��`� 5A 300 4�J's� ry � . . _ ,��. ,.�'Y� y . �oo,at �� 9 J0 ZOO '�J�^�JS 52 � � " .� N��04�W - � . ' . �{, c � 8 aso o � V ; J� � q W . . i . �'' o T R ACT 8 � . - �,j A s�s•�° ,� !8 . - O rv ? •3.J3 b O N , ��l''` �'. 9�! S 88°02�O E �� N • . , • � a �. �, . . � �r , • hdJ�G e� 2 .� , . .,� � �°° 5 0 00 *' 'w . `' �o.s� � � � . Zo 5200 , 5:00 s�, , . • , ' . �� . W • , � �� . N '�� ° �- .S I �/��-. �.2 Do .� ! F Od. ' 15 ,„„: 16 ,j,�• o° 7 - o C 'c..�.. :� 3 g� `W Q . � . . . , � . . , . ' C N + � � � � N ee�ca'40'w .� �_...., . � . • ; . rn� ,00.�� ,�,90 �e.a�- � . �: , . . : � . . , ;. . ��ac,a 7.ao - s,ea�4�'27'C 2a�IJr ' aa r . ••...z �-- 1� : _ . .. . .�.. .. . r � ► , , ' � ` . �� To: Tigasd City Planning Commision Re: Written narrative e�cplaining why we wish to get a conditional use permit. j � 1. The nature of our proposa]. is to turn the residence at 12300 S.W. 127th into a day caxe center. The center will be intended primarily for the full-time care of preschool age children (30 months to � yeaxs), how- ever we do anticipate the need for some after school caxe since we now have the Masy Woods Elementary School in the neighborhood. This pra_ . ject is designed to d:�rectly benefit the residents in the surrounding area by providing a sma11� community oriented, homelike atmosphe.re day care center, that won't cost paxents a fortune, but will provide their �t � children with quality care and a very good eaxly educational program. i The structure itself will remain relatively unchanged in its outwaxd appearance. The only changes that will be made to the exterior of the ' building will be the ad.dition� of a five to six foot wooden fence� arotand , the back yaxd of the premises, (see copy of site plan- proposed cha,n$es). Within the confines of the fence there will be some play equipmen�� such as, a sandbox and swing set. Concerning the interior of the build- ing, the only changes we oxigirFa�.��_ anticipate will be those changes necessary to meet certification requirements. This includes the inspec- tion of the premises by the Children's Services Division, the Fire Marshall� and the County Health Inspector. We will meet every requixe- ment necessary and will go beyond the minimum requirements because quality is one of our main concerns. We are in the process of applying � to the Children's Services Division for certification, but forma�. ' M ' r ,.t ..�. ,,.�:..-. ... ...,.. .... ..-n ��....... . . . . . . . . � . .. �� . - .. . � . . . � ' .. . . . . ... . , . � �.. ' .. \., 2 • ; action on certification can not continue until we ha,ve a conditional �""� � us� permit. Our operation wil1. harre o�erating houxs of approximately 6:00-6:30 A.M. to 6:00-6030 P.Ma � Monday thru k'�iday. 'I'k�e center will be closed on weekends. 7.'he number of children that the center will enroll is be- tween twenty and £o�y ehildren. Not a1], af these childxen would necessarily be at -the center at on� timeo nor would they be there the entire day. The structur� as it is presently, could only be certified for thirty childsen, �because there is a Children's Services Divisipn reQuirement to have one �oilet �or evexy fifteen children, (curr�ntly there axe two toilets)e Oux intention is to operate with a capacity of thirty, then a.s we find an 3ncreased need for capacity, we would add another bathroom and increase the enxollment capacity. � �.- . ,�•; 2. This proposa,�. is in conformance with Tigaxd's Adopted Comprehensive ! Plan, because the property �.s alrea.d.y zoned R-7, which already allows .this type of use withoizt the need for a 2one change. 3. The Tigard area has six similar day care centers currently in operation. The Children's Ser`rices I7ivision regional office located in Tiga�cl., indicated to us that there is no center currently operating in the axea of our proposed locationo GSD said -�he axea we plan is close to the Beaverton city lim:its� Wash3.ngton 5quare Shopping Center, both areas �hat do nat have a center to serve them. There are numerous housing staxts as well as a large apartment complex planned fox construction within the neighborhood axea we plan on locating. With these factors� ,".'�,� �,. , there should be plenty of need in this area and relatively no service �``""�� . , . . 1, � 3 available within the neighborhood. The �ublic benefits derived from our proposal is simply the offering of good quality day caxe services to the residents of the immediate axea. There is an advantage in not havin� to take your children� any distance, every day for this service, especially when it can be provided w�.thin walking distance of the childs home. The child, our main concern, should adapt much more easily to life of a day caxe center if it is a homelike setting, and it is located in the childs own neighborhood. It is our every intention to have the neaxby community participate as much as possible by expressing what they would like the center to be. We are flexible enough to offer just about any �rogra,m that would be ��. requested, and would like to have the facility comply with what the neighbors see as acceptable. 1�. Trie only change we can possibly foresee in environmental., economic, or social conditions of the axea is the advantage a sma11 preschool would offer to the owners of houses in the neighborhood. If parents are forced or voluntaxily decide that both the mother and father must work full time, it should be comforting to Y�ave a suitable substitute to leave their children with. A �ubstitute that will teach their child- • ren the values they woiil.d like them to learn� as well as getting a hea.d start on social interaction with the childs own peex group and a head. start on a, more formalized learning expexience. � 5. Not applicable. 6. Because we will be keeping the center small in size, and as close to ti � ,, , .. . , . .- n ... ..Mw�„.,�._e�.:.�;; � � � � , ♦ + �.. � t. � . �`��...,. an actual home environment as possible, there really shouldn't be any real. change to the neighbors or a.d.jacent sites. The addition of the five to si.x foot wooden fence is design.ed to keep the play activity of the childxen priva�e atid not offensive to any� passer-by or any property owner in the axea. A11, activities of the childxen will be confined to the �interior o� the building or the confines of the fenced yard. Z'his way noise should be kept to the lowest level possible, and the functions of the c.enter wi7.1 be as private as the lives of a family living in a home. However� �he community, if desired, is mo�e than welcome t� visit and see the activities at any time. The key here is whe�her or not anyone wants t� see the operai:ion. Our policy is one of o enness and hon�st with i;he communit we also wish the communit Y� P Y Y �� p to get involved and give us �heir suggestions and comments. � �. , 1 7. The public services necessa�y due to our proposal axe no different than the xec�uirements o�° a kiome owner. We need no additional services� the a services currently provided will be adeq,uate to operate our proposal. ' � � There is a city park withix� a block of our proposed site which we would � � utilize for mini-field trips. Currently� this park sees very lim3.ted � � � utilization, it will serve our center very nicely 'beoause of the caose � a location and -the fact the children could get there relatively hazaxd � free, 'because they will. nat have ta cross any st�eets. � F r Fin�l.ly, we ask the City Planning Commision, in light of this information i to grant us the right to a conditional use permit, so the children in {'I i� the Tigasd axea can have a quality early development and educational "j "�,., �I �.. ..,, center at their disposal. ��` II w �I . . .. . . .. . . . . . . .. . . .. . . . . . .. . ._ .. . .. .. .. . . . I 1 I . � STAFF REPORT AGENDA 5.4 � TIGARD PLANNING COMMISSION I JANUARY 6, 1981 - 7:30pm FOTn]LER JUNIOR HTGH - 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 REQiJESTED TO DO SO. SHOULD THIS OCCUR, UNREQUESTED, THE ITEM WTLL BE TABLED UNTIL THE FOLLOWING HEARING. DOC�ET: APPEAL OF MINOR LAND PARTITION, MLP 16-80 (J. Allan Paterson) NPO #3 APPLICANT: J. Al1an Paterson OWNER: Kay W. Livingston 12700 SW Pacific Highway Bessie E. Livingston Tigard, Oregon 97223 10970 SW North Dakota Tigard, Oregon 97223 REQUEST: I�pplican� is requesting waiver of half street improvements at this time until such time a Local Improvement District (LID) may be formed by the resideni�s. SITE LOCATION: 13430 SW 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax Lot 5600) STAFF COMMENTS ON APPEAL: � Reference MLP 16-80 for Minor Land Partition. Please read attached Staff Report (MLP 16-80) , Under Staff Recommendation section, note Condition Number one. The Public Works Director and Planning ' Director have agreed that half street improvements to SW Cook (in front of � the site) and a nonremonstrance agreement for 107th Street will be adequate in place of half street improvements to both streets. On November 10, 1980, Mr. J. Allan Paterson appeared before City Council to appeal the half street improvement requirements. (See attached Minutes.) City legal coun.cil requested that Mr. Paterson request an appeal before the Planning Commission. It is the policy of the Tigard City Council to require full half street improvements on the ground at the time of devnlopment. Since no improvements will be made to the 10,000 square foot lot in question, the Planning Director and Public Works Director have agreed to waive improvements to SW 107th at this time, City Council has indicated that this is reasonable. Full h�],f street improvements wil]_ still be require d to SW Cook Lane.in the front of the site. A nonremonstrance agree�nt shall be signed for 5W 107th Street in front of the 10,000 square foot lot. Further, a nonremonstranoe agreement shall be si.gned by the present owner of the remaining portion of tax lot 5600 for the future improvement of SW 107th and SW Cook Lane. Section 17.09.020 Imp rovements-Streets states: � "Existing streets which abut the subdi.vision may be graded, wic�ened and i�proved, reconstructed, surfaced, or repaired as deterirlined by the Planning Commission on the advice of the City Engineer." _, _ . __ . _ __ _ _ _ . _ _ , : .. .. � � ��. � �', ; ;t ,, STAFF REPORT i AGENDA 5.4/MLP 16-80 Appeal ; � TIGARD PLANNING COT�lMISSION �j January 6, 1981 Page 2 �� Staff has compromised by waiving the full half street impxovements to SW 107th �'' Street. Staff recommends that full half street improvements to SW Cook Lane � . be required. � �; tr ; ;; i' ii i �: �. �' V� � �� b E i s+ p y 1 zabeth Newton Appro y , Special Assistant To The Planning Director ning Director �. �: �; i I` ;:', �., E �: �`�; z. ' j'.: I' €,' �;`: ' ;:. h` 4:; S/:; S>` �,,, 4� �� s 1'; ty:l .. l,',.,.... r,, �� r 4';�:: _,�,�� '�� ;.,� ,,,. '� � �: ;;, t. �;: ��.-; X 5i . ' �".;.... . . .. . . . . ... ...... ;.... . ...... . • � . . , �� n,1 l� . . . � .. ' .. � ' ' -I • ;� ' � . _ -�: STAFF REPOAT ��•�� FINAL ACTION TIGARD PLANNII3G DIIiECTOR November 6, 1980 `°,'�'�� WASHINGTQN GQUMY,QRE�C?h1 DOC�T: MINOR LAND PARTITY�T, MLP�16--8� . APPLICANT: J. Al].an Patersan OW[�ER: Kay W., Livingstan 12700 SW Pacif.ic Hwy: Hessi� E. T.�.v�.z�gstan • �gard, Oregon 97223 �,097Q SW Nor�tx Daka�a - T�.ga�d, Oz�gaa� 97223; APPLICATICxI HAT�: Octaber 21, 198U REQUEST: To Paxt3tion a one (1) acre parc�7. ir�to �kwo (2� lats, 7.Q,000 • ancl 33,571 square fee� xespec�ively. S�TE iACATx�i: 1.3430 SW 107th Avenue (Wash. �oe Tax Map 2Sl 3DA, Tax . Lat 5600j ' SITE DESIGNATION: Zoning R-10, Comprehensive Plan R-I� (Re�. Ord. 76-24) , , � a . � FINDINGS OF' �'AG"�: � ` � l. Applicant proposes to partition two (2) 7.ots, leaving �he existi,ng ` t�ouse an the northeast 10,000 square foo� lot and leaving the remaining � 33,571, square feet undeveloped at this tizne„ . ,` F � P j 2. Cook Lane and 107th Avenue are local streets requi.ring fi£ty (50) - Eeet right-of-wa . Curxentl the a�e nat �. raved � Y Y► o hal.f--st Y �P reet . � standards in front of the site. , . . • - . •- : .. � 3. SW 107th A�venue is unimpren�ed gravel.. An easezr�en� for the conti.nuation - of 107th Aven�xe runs down the west side o� �e site £or ].35' fest' . � �' approxi.mately. TTie applicari� shall ded�?.cat� a 25 foot strip to G continue 107th Av�enue down the raest propex�X line. i 4. Wafier servi.ce 3:s avai.labl.e to the sit�. Sewer. ser�rir_e (�or �uture h development of flze larger parcel) woul.d most l�.kely come fra�n park � � Street or Grant Stx�ee�.. � � r . 5 5. City Council policy requires that half-street improv�ments be made for Minor Land Partitions at the time of the partit:i.an, ' i; . . � l'; f CONCLUSIONARY FTNDINGS: , ' j • ;, . } l. Tlie proposed partition and use are in conformance with the Compzehens3,ve `' Pian. Z'he lot created for the existi,r�g house is 10,000 square feet, ' P�� which meets the R-lq z+equi,rement. f�, � �;,, � 2. Adequate sewer an3 water sert�ce can be made available to the site. ;;� ' ' . . �f . �i . ,, � C`'i 12430 S.W. MAIN P.O. 80X 23397 TIGARD, OREGON 97223 PH: 639-4171 � � , . . . _, . ,, ._._.._.__._....-..... '__"_' ."_'".....__,..__�_.-_._._r............v..,_'_._.._ .. . . i 1 ��' � �. FINAL ACTION STAFF REPO� � • , � TIGARD PLANNING DTR�CTO:'t �_ �.., .• • Novemb�r 6, 1980 � MLP 16-80 Page 2 �; ; � STA�'k' RECOMMENDAT�ON: a . . 1 Staff recommends approva.Z of this par�i�.ion subject to the following � c�onditian s: � , l. 7'he agplicant shall dedicate �he remaini.ng xight-of=way a� the western � praper�y edge to continue I07th 1�venue.. Full half-street.improvements sha11 be made to SW':107�'.Avenue. and �S;�T.•.C�ok•;Lane::�o'r.the._10,000 foot � �.ot��•frontage•-•at� this...time�.. :Ftill 'ka1.f-'stree��.:iiriprovamerits's�iall' be' . I requ3.red'.on.SW 107tta Avenue and Cook Lane in front of the remaining proper�y at the time of 8evelopment. 2. No Occupancy Permits shall be issued until all conditions placed upon � this 8eve],opment by the City of Tigard have been sattsfied and inspectic�zis t�eri.fying �h3,s have been carried ou� by the� appropriate department. ; 3. No �hanges wi].I, be mad� to approved plans af speci£ications unless ! fo� agplication is made to the appropri,ate City departiaent, and chanqes are app�oved by that department. Application for changes will 2ae made in writing and shal]. include applicable drawings. ; .� . ; 4. Grac�.ing and cons�ruc�ian glans for all wo�It in public rightsrof-way ; and aSl o�her public improvements shall be prepared by a registered � . professional engineer in accordance with C.i.ty standards, and shall be submitted. to the Public� Works Department for review: "�-�., a; All public iympr�v�ements will. ree�ire a Compliance Agraement and � must be (design) approved by the Public Works Department, and must be either (1) fully and satisfac�orily constructed�prior to the xecording of any minor Iand partition, publi.c dedicat:i.o�, final pla� or issuance of Euilding Pexma.ts; or (2)� bonded to the City � for 100$ of the estimated. cost �hex�eof pr�,vr ta the. recordinq of � any a�i.nor �.and partition or public dedicatian. . ' �. A metes and bounds 1.egaY desc�iption and map shall accompany• a dedication ' of pubYic rights-of-wag, ancl shall be prepared by a registered engineer � or land surveyorer. . ' , ; 6. All. straets and parking areas shall.. ba concrete. or_ asphalt_.. A7,1 � sidewalks sha],l be concrete. 7. Half-st�e� improvements shall �e construat�d ta the approval of t the Public Works DeDar�ment prior to the issuance of a Builda.ng ; Pezmit. A bond shall be gosted'hy the property owner with the C3ty � of Tigard for 150� of the cost of the half-street improvement prior ; tv recording the land partitian Frith �Tashingtc¢� County. _ i � � . k �. A nonremonstxance• agreement shall be signed agai.nst the. foxznation � af a sewer LID to sex�ve the�properties on Cook Lane. ;;,n-�, o � � - � �'; � . _ . .,� 3 4 - 4 . . . � �� Prep ` d' by Eliz Newton Approved by A1cli,e Howarc� � Intern PZanner planning Director � . • ; - . . , _. ...::,....�,,.,�;,,.: ,�_...�:..::. _,. _.,:._..,�_..�...��:...._._,...:,,._:�.._......,,.�_......_..��__..�.:. .�:._�_. _ ., � _..,.�.�:�..�.,..�:_:...��,�. �, ,; + �; FINAL ACTION STAF"'� '2EPORT � j ' ` T�GARD PLANNIING ��t2ECTOR � � " ' November 6, 1980 � MI,P 16-80 • �,' � Page 3 �� ; r, .. � �: NOTE: This acknowledgement must be signed and returned ta the City � of Tiga=d, PZanning Department. Fai.luxe tn return this acknowledgement � . wiZ]. result in no further actio�n on this project with regards to issuance " . of Building Permits.. or. enginee�i.n.g approval... ' _ . � • • jr �i . i . F� Signatuxe (applicant) Dat.e ;; . I"' - ,� �� . � . j; ,; Sicglature (owner) .� Aate �, . ' �. � If your Minor Land Parti�ion has been agprrn�red and yotz h�a�e siy,ted a�ct ' returned the acknowledgemen� agreeing to satisfy the condi.tians �laced� E'. upo�n thi� actian, g►ou shoul.d now have your �ar�i.tion recorded�by the Washington County Departmen� of Assessment and Taxation. You should i take copies of y�ur Partition Map and our 5taff Report to the County ; to facilitat.e zec.ording. Your Minor Land Fa�tition is not offic3.al. � ! until it is r+ecorded.,. �: � . i: . . _ . r . • �� i . - �: • � . .; . • � , F. • j �., . .. . .• _ _ __ _. _ � , � • • ��, � ' . T I G A R D C I T Y C 0 U N C I L � i � , REGULAR MEE�ING I�INUTFS ° NOVEMBER IU, �.1980�-�7:3D P.M. i ; lo ROLL CALL: Present: President of Council , .Io�in Cook; Councilacen ' � , Tom Brian,• KenneCt� Scheckla; Councilwoman Nancie � Stiml�r; CtiieE of Pol•ice, Rober[ F,dams ; Legal Gounsel, . . Joe �aile�; Citq Aclm�.nistrator, Rael;don R. Barker; . � • Director of Public Works, Frank Currie; Finance • � . Director/City Recorder, Doris Hartig, ,Administrative ' 5ecretary, Lareen Wilson. • ' • • . - , . , ; 2. . CALL TO .AUDIENCE. FOR THOSE DESIRING TO SPEAK ON NQN' AGEIVDA ITEMS..r � � �' . , _ _ • f � (a) Mr. Al1an. Paterson, 11(05 SW Manxanita, stated that he wished. , � . ,� to appeal. a minor land parti�ion or� behal� aF Mr. Da�e Nico�..i .� and Mr. Livingston. Legal Counsel reqaes�ed �ha� Mr. Fatersan contact City Ha11 to file his ob�ECtian;s arid xequest ar� ap�ea.I ,� l��e�ring before the Planning Commission, _ �� , (b) C.W. Stuller, 12215 SW Summer Street & Nancy Rabbins, 1�:220 SW ' . Summer Street quesCioned the� bill which �hsy received from Mr. �+ � � Allan paterson for $150.00 for sewer connection �o the Leron. ' Heights Interceptor. They requested tha� the Ci�y Administra�- • Cor met with them and r1�. Paterson to go �over the books. �� Council requested staff assist Summsrhi�ls c�.tizens ta see ' documentation they requested. ;i I� , r; -: � 3. APPRdVAL OF MINUTES: OCTOBER 27 , I980. `' . �i (a) Motion by Councilman Brian, secQnded by Councilwomaz�•' Stimler 44 to approve. . � � � . ;`l � Apnr�ved by unanimous vote nf Counci.Z present.. .. � ;� 4 . APPR06'l�I. OF EXPENDITURES AND INVESTI•iENT� : I91 a4'? .46 � ' �' . � i _ -ia) *iotion by. Co•u�ncilman Brian, seconded by Cou��ci'lwontan SCimler j �o approve. . �„ Approved by unanimous vote o€ Counci.I present. � . ' 4, ' S . RESOLUTION N0. 80-97 A RESOLUTION OF THE TTGARD CITY COUNCIL . j: ACCEPTING THE PUBLZG STRE�T TNIPR�VEMENTS ' ' , . KNOWN AS SW KATHERINE STREET EXTENSION, � � . GENERALLY LOCATED WEST OF SW 121ST AVE1V`UE, �' SUBJECT �TO HERETN SPECIFTED CONDITIONS. . �' !; . ' " ?- . (a) Motion by Councilman Brian, seconded bp Councilwoman Stimler to adopt.' � ' � • �� i, . � s; Approved by unanimous vote of Council present . ��: �� . ' ' �w . . }� • i� �.,. .. , ,.- _ : .. ..,.�,:_! .. _ _ _ ,, •~ � �� V ' � C� �S5 i'v lU , p L,�� ti �tv c n rc BEFORE THE � OF TIGARD, OREGON � _ , . _ , _ < _ � _ ., ___. . � _ .� , � �, �,OTICE OF APPEAL File No, MLP 16-80 . _. . . . � 1 . , Name : APPLICANT & OWNER: Kay G�I. Livingston 2 . Address : 10970 S.W. North Dakota, Tigaxd, Oreqon 97223 Street P.O. Box City State Zip Co e , 3. � Telephone No. : (503) 639-1374 _ � . 4. If serving as a representative of other persons, list their names and addresses : � � . I'. �„ . � _ _ � i.� e -• .. -- . _� _ ,_ . ... .. .. , _ .. . .. .,c _.�� . ;;il 1, ;: — - . , �, " - — . _.. � � - - --• - ._.� `.._ _.. F. "_� _ ...._... _. _� _ . u .. --. _,,. 1._._.. � " ' ~ ,; ; Planning Commission I �--�' " 5 , '� '� ,6Jhat� is_ the. decision yau awant the Cy�/t/yl��Yf"./iJl. to� review? � �� (Examples : denial �of z�ne change; approval of variance. ) � � ��" Minor land partition reviewed by the Planning Director. Waiver af 4 . � half street improvements at this time in this olderi_established , neighborhood until such ti.me as a LID may be formed by the residents. 6, The decision being appealed was announced by the Planning �Cp�.��.�i�i on November 6 1980 . � Director . ; Date 7, On what grounds do you claim status as a party? (See Sectior� 18.92.G20 Tigard Municipal Code. ) A licant and owner tr in to sell ro ert or art thereof, to Dave Nicoli, party_presently occupying older home on pareel. - $. Grounds for reversal of decision. (Use additional sheets if . necessary. ) Your response should deal with the following: (a) E.tplazn how your interesC is damaged. � (b) Identify any incorrect facts mistakenly relied on in the �' decision or recommendation from which you appeal . , (c) Identi£y any part of the zoning code or other law which you `�` claim has been violated by the decision or recommendation G` from which you appeal . �' (d) Describe what 'decision you are asking the City Council to make. ; � Cit CounciY has a arentl set the olic that with any minor land E� �' _partition that full im►�rovements must be made if not already in and �; adjoining �he property. The applicant. and owner wishes to defez t�iese k; in this particular case until tY� �eighbors help form a LID. �' � � � �,i Pa�e 1 of 2 . ._�.___. v, � t4 y �1 '�_• � • ...'� �Y^� � � .♦ , At the Citv Council meetin3 of November 10�b, the Council sas.d that .. .�. t�..:. the whole reauirement should be. �eviewed through the Planning , Commission for further studv and this appeal 'is to �nstigate that _ . � . . . . _ _v � --_ � �_ �_..:` . i t._ _ .. ., .. � �� .. ' : � - process. � ' �, _ ..u�. . � �� : L - � � : , � ._ , , ' , _ 9. Est'mate t e amount of time you will need to present your ar�ument to the "' `" �w-�S�"`�(The Council �aill schedule nore than J.5 minutes � � per side only in extraordinary circumstances. Each side will be given the same length of time for its presentation. ) . �, � � ivi:n ston the owner and 15 mintttes should be adequate with Kay L g , � � Dave Nicoli, the occupant aiid potential buyer of partiti�ned land Signed�ach makin e ual time appeal�s f�or hearing by the Plannin Comrnission. ° . . Aate: November 12;"t980�� ` � �• -�' ' -- �� Signe � , � � � • � � � � � a W. La. ingston � ,. � #�##�##��####�,##�#�####��n;''#�##'##(##�#�##�##�#�#############�##��f'##�#T�#�#��'�'� . • �l. � .. . . . ., �.....i �. _�.L. .. �.�.. . .. .� l.J 1 . . .._. . . � .. � ...� " J,��I,.", f� L ... .i.. .�..�� FOR USE BY CITY . . 1 L l..�_• �.n....J ' . � � �.. . �. �..a�J l ... ,. ..� .� I..J J l. . J�... I� .V_ .. . J _ �.J l. .+..-1.1. °D�te `and �ti.me' of filirrg: � __ .,. � �_ � �. ,;. � . � ,:,. .--� :� , �_ . :.� , . , , , . ,., , . , , . Date=`o'f P-lanning Commission decisi.on: ' •- � �'� �� -�� DaCe set for Council consic�eration: Time allowed for arguments : per side Entered Yby�.� �._ �.., .. -� _ -�� "- _ '- , . . . ; � _. ,_� � . �. � .._ � . ._ _�. _ ` Amaunt paid: -�.. _ _ ,. ��. _ _� ` ., _ _�_ ., -Receipt #:- - � _ �.,_ ,, __.. .�� ' I � � �:.:�.,:� �;� �, . �;y>� � � � �.J .._ Jt..�IJ ✓.,__V :.� liJ J '..� . '�.,J � "��!. .t. ' _ . ♦�.U.. ..........r.[ � ' � - —�.: G:.�i __..�.JL.Vi � y � _ � ,. .a _ � . .. . 'y:. . �. l��i� 1..:. .. . _ �.i. JlJ:. ..._.. . ).LI�: . ��,1.i1�, ..Jli:..l.i.. VL.'�� _1�.� :.U.l. � .1' I`aJ.� : .J_��_J��J.1;-. � . . �age -2 o f� 2` . �. .� �f . �. ..�. ..,� ._.. . ,:.,: y:�'.. u� J �� :� � = u� -. � of Appeal_.. . .. �. . _.. . ,.` _L ��.� -•--,.� ..c. .�� _, _.. _:.� _f .�.�:� .._. Notice ' �. . .:... . .;: � h � STAF'F REPORT AGENDA 5.5 TIGARD PLANNING COMMTSSTON . JANUARY 6, 1981 - 7:30pm FOWLE�R JUNIOR HIGH - LECTURE ROOM '10865 SW Walnut Street, Tigard I DOCKET: COMPREHENSIVE PLAN REVISION, CPR 1^80 (CTTY OF TIGARD) NPO #1 i APPLICANT: CITY OF TIGARD LOCATION: Abutting west side of Ha11 Boulevard and south of Burnham Street. (Wash. Co. Tax Map 2S1 2DA Tax Lots 702 an d 400) REQUEST: For Planning Commission and City Council review of a Comprehensive Plan change which would create a specific zone, A70/80PD Multi-Unit Home For The Aged. I. FINDINGS OF FACT: 1. Chapter 18.20 5ingle Family Residential Zones -- Section 18.20.020 Conditional Use Subsectian (10) allows hospitals, sanitarium rest homes, home for the aged, nursing and convalescent homes if the Planning Co�nission .following a public hearing approves of these uses. 2. This Code Section does not address the issue of density. In a recent �'`' ap�lication before the Planning Commission, a Conditional Use was approved �� for a seventy-four (74) units home for the aged on 1.60 acres. The Comprehensive Plan designates forty (40) units to the acre under A-40 Multifamily Zones. This approval was for about double the A-40 density in an R-7 Single Family Zone. The inconsistency in the Code is obvious. 3. This Comprehensive Plan Revision has been initiated by the Planning Director for several reasons. A. To establish a special zone, Multi-Unit A70/80PD Home For The Aged. B. To establish the actual location of this zone due to development in the immediate area. C. To establish the sequence of review for future developments in this specific area under the Planned Unit Development Section of the Code. 4. At the present time, a portion of this property is zoned M-4 Industrial Park on the Zone Map and M-4 on the Comprehensive P1an. This area is north of Fanno Creek along Hall Boulevard, Tax Map 251 2DA, Tax Lot 400. The other portion is zoned R-7 "Single Family Residential" - the 1.60 acres south of Fanno Cresk Tax Map 2S1 2DA, Tax Lot 702. It is on this , portion that the Conditional Use was granted for the seventy-four (74) I units. It is the intent of this Comprehensive Plan Revision to re-zone these two parcels to Multi-Unit A70/80PD. � � , _ . _ STAFF REPORT AGENDA 5,5/CPR 1-80 TIGARD PLANNING COMMISSION ' JANUARY 6, 19�31 Page 2 5. This are a is appropriate for this type/density of development for the following reasons. A. A Conditional Use for seventy-four (74) units has been granted on Tax Map 2S1 2DA, Tax Lot 702. B, A significant amount of greenway/floodplain divides these ,parcels � and has been designated as a future park site. C. To the east is floodplain which should not be built upon in the future between Hall Boulevard and the Southern Pacific Railroad right�of-way. D. To the north and west is industrially zoned property most of which k�as been developed. This lessens the actual "den,sity impact" because no other residential zone abuts this property. The actual structures proposed would not face this industrial area. Most of the industrial activity would take place during c�aytime working hours and would therefore not disturb the residents of this proposed development. E. The Tigard 5enior Center is being constructed in the iirmtediate area. The only other structure is a church just to the south of the initial seventy-four (74) unit complex. F. Hall Boulevard is a major collector and mass transit (Tri-Met) is available. This site is very close to the Main Street Commercial/ Retail area. II. CONCLUSIONARY FINDINGS: 1. This site is one of the most suitable locations for a development of this type within the City. 2. The Planned Unit Development designations will insure that this project is reviewed by both the Planning Commission and City Council at public �� earings. � 3. By creating a very s,pecific zone for development, the City can meet i an identified need for homes for the aged. �' i III. STAFF RECOMMENDATTON: t Staff recommends approval c�f this Comprehensive Plan Reyision for: � � 1. (A) Map 2S1 2DA, Lot 702 1.60 acres � � (B) Map 2S1 2DA, Lot 400 4.80 acres j (Lot 700 - 5,08 acres belongs to the City of Tigard and is dedicated i � to the Park Plan.) � Parcels A and B to be designated Multi-Units A70/80 Planned Unit Development Home For The Aged. 2. Development on Lot 400 - 7.80 acres shall be reviewed by the Planning Commission and by the City Council prior to the issuance of any construction permits being issued. � ��,...,� , .. , .t �. i STAFF REPORT . AGENDA 5.5/CPR 1-$0 I TTGARD PLANNTNG COMMISSION �a JANUARY 6, 1981 't Page 3 3. Building Height is not to exceed eighty-five (85') feet. The parking requirements may be adjusted aS necessary to serve the needs of this development realizing the makeup of its residents. 4. NPO #1 shall review all development in this zone. 7.'heir comments shall be made a part of the record. �; f � � �1 �, G%i��'�i�i��>�- �`-- ,I Aldie Howard �` r Planning Directo �I �� '. �; � i' � � � r �. i f � � �` � � . . . . . ...-C � � . . � . � . ,� ! . . � � . . � .. � .. .� .�` . . . . . . . . . . . . � � . � . . � . .. L . . . � . . . , n.._� �'i < 200.0 � bw , _.,........._.._. i� �O ` x 2 � � .,30 � ! a n.� . .60Ac. �� '� � � � 4 . � J�/aG i y m x '+ �,, cC5 �3,665, �\ 1 i;. '� � I f. 6�3/533 i a ' �a - : '� ;(�� 200.0 9 �QG• i 9 � � � "s�o 0 ` ,s w 4.eoao. ' ` � 92 0.03 P.T. SOI Q,V ' � 3.9�Ac. °`ti,y` .� i . � � . I �i2+ � I' � • a� � ` � M ' m ' r . . 32� . � � ' r . r w l ' _ f� �o � N ' ' j i O � � O . l • ' 1 :� � ,►�0 600 ►� � �! 6t03 Ac. s, � s �a �. F'a s?. *�. F � � ' � '< � � � fi YO �� u ' . �! a N � �' t� �y i � � j w ' r�, ��cI r ��.�� ' 'a . �.��,,, ;� �/ � ► oo C�. O n . � ;�: , SogA� ^r ,�� k 'i�l� ;� i °' � ; �. , � � -. , ._.... r. � I � .---- � � � �� +., I � � ;; � . � � ` 6. ' ��• i, ) � � � �� , •e >`, ,.' 70 = h V t;;: �, 60Ac. ��,' .' ,� �0 ' ' ' . . }t o j;j o ',� � * �-. S 1 �� o, � . �� . � �, � . E ' ^' � ' � • � ' F�N��-�•..VQ..�..� • �� 0 _ 112.3 • � " . __ . ._ �# � � .. .__ ..... ...... . .. _ .,o...—...�r-._..._.._....... ........�......_,,._.__.._....._.,_..._ � , -- _ ��, _ :. . �. ' STAPF RLPORT AG�NDA 5.6 I '� TIGARD PLANNING COMMTSSION JANU�RY 6, 19£il - 7:30pm FOWZER JUNIOR EiIGH - T,ECTURE ROOM 10865 SW Walnut Street, Tigard NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MF1DE AT THE PUBLIC HEARTNG UNL�SS THE APPLICANT I5 REQUESTED TO DO S0. SHOULD THIS OCCUR, UNRE�UEST�D, THE ITEM WILL BE TABLED UNTIL TIiE I'OLLOWING H�ARING. DOCKET: CONDITIONAL USE, CU 23-80 (KNEEL.�IVD I AND II) NPO #6 APPLICANT: Larry Grayson OWN�R: SAME 8946 SW Barbur Blvd. Portland, Oregon 97219 REQUEST: For a Conditional Use for attached single. family •residences�on 10,000 square feet in an R-7 "Sin,c,rle Family Residential" Zone, under Code Section 18.20.020 (1) for Kneeland Estates 2 and II. LOCATION: S"v� 92nd and ,��i� Durham (:dash. Co. 2S1 14A, Tax Lots 400, �00 & 700) I?R1�VIOTI5 ACTION �On JLUZe�4,��'T7 by Ordinance 77-53, Tax Lot 700 (2S1 1411) 18.86 acres was rezoned from ��lashington County RU-4 to City of Tigard R-7. (Reference ZC 12-77 attache d) A subdivision application for ICneeland Estates was a�nroved in Mune 1977 for seventy-five (75) single family lots. (Reference S 13-77 attached) A Zone Change was app roved by Ordinance 78-78 on November 27, 1978 for Lot �i 500, (251 14A) 1.29 acres from Washington County S-1 to City of Tigard �� " 8 attached 2sidential Zone. Reference ZC 21-7 ) R-7 Single Family R � The Planning Commission app roved a Conditional Use in L'ebruary 1979 ,to allow the construction of four (4) duplexes on Tax Lot 500 (2S1 14A) . (Reference CU 36-78 attached) This nroject became known as Kneeland Estates II. ; Tax Lot 400 (2S1 14A) has now been included in Kneeland Estates as has � Tax Lot 900 to the south above Cook Park. Attached single family units are proposec? on Tax Lot 400 - 5 units. � ORZGINAL IiENSZTY - KNE�LAND I. Seventy-five (75) single family lots, Tax Lot 700. � - KNEELAND II. F.'our (4) duplexes REV:[S�D DENSI'I'Y - KNEELAND I. 2 Triplex - 6 Units 36 � 21 Attached Sin_qle Family (Duplex) - 42 Units 1.5 Attached Single Family (Duplex) - 30 Units - 72 Units ` 18 Single Family Lots - 18 Units 96 Units s: , s 9 } .....:...... . . . � . . ...-. . . . .. '{ STAFF 12EPORT AGENDA 5.6/CU 23-80 'I'IGARD PLANNING COMMISSION JANUARY 6, 1981 Page 2 i2EV:I�'u�,D �DENSITY - KNEELAND II. 4 Duplexes - 8 Units Addition - 1 Duplex - 2. Units 1 Triplex - 3 Units 13 Units PROPOSED 109 TOTAL UNITS EOR KNE�LAND I AND TI. INCREASE OP 26 UNITS PROPOSED. 2D.68 acres minus apnroximately 25o for public improvements = 15.5 acres for 109 units or 7 units per acre average. ; �I I. FINDINGS OF PACT: l. Current zoning designation is R-7 "Single Family Residential". Section j 18.20.O�C1 (1) allows attached single f_amily dwellings or 10,000 square ; feet in an R-7 Zone as a Conditional Use. 2. The applicable policy from the Tigard Housing Text is the following: 3 , �r � � Policy 15; Provide greater diversity of housing density (e.g. , duplexes, , four-�lex, attached single family units, etc.) . 3. Kneeland T has been platted and most of the public improvements have been made. , 4. This application is to increase the density of development in an effort to provide "affordable" housing and strengthen the housing mix in the cpmmunity. LCDC Goal #10. ; 5. Durham Road will be improved as soon as a local improvement district has been formed. The Public Works Director indicates that Durham Road will be phased. - The first phase to be 98th Avenue east to Hall Blvd. � i I7:. CONCLUSIONARY FINDINGS: 1. Fublic facilities are adequate to seLVe this increased density. 2. Tra£fic circulation has been addressed through Copper Creek and Pick's Landing. Durham Road is scheduled for improvement soon. i' 3. There is an identified ,public need to provide a diversity oi housing ` types within the Community, according to policies set out in th� Fiousing � Plan. � �: k 1: �; t. } � � � ( � . � � . . � � �.��j�.� . . . . � . � . ��.l. u �R STAE`F REPORT �""^, AGENDA 5.6/CU 23-80 TIGARD PLANNING COMMISSION JZ�NU�RY 6, 1981 Page 3 4. This request conforms to the conditional use rnquirements of the R-7 � Zone "Single Family Residential" and Urban Zow Density Residential designation of the NPq #6 Plan. III. STAFF RECOMMENDATION: Staff recommends approval of this Conditional Use with the �ollowing conditions: 1. All preyious conditions plar.ed upon this development shall be met. 2. T� Ci�y or '�iyaxd non,remonstrance agreement �or the improvemen.t of Durham Road must be r�,cprded bX Washin�ton County and returned to the City a� Tigard Planning L�partment before issuance of Building Permits or change _ o� propexty owne;rship, Nonremonstxance to be recorded as portion of plat. 3. No pccupan.cy Permits sk�all be issuer3 until all conditions placed upon this development by the City of Tigard have been satis,fied and inspections verifying this have been carried qut by the ap�ropriate departmen�t. ,r• 4. No chan�es will be made to ap�xoyed plans or specifications unless formal application i;s made to the appropriate City d�partment, and changes are. a�prov�d by that department, Application ,£or changes will be made �' in writing and shall include applicable drawings. � k , 5. Grading and construction plans ior all worlc in public rights-of-way I and all other public imp rovements sha11 be prepared by a registered p rofessional engineer in accordance with City stan dards, and shall be submitted to the Public LVorks Department for review. Al1 public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) .fully and satisf.actorily 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 1000 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 pro�osed utilities shall be placed undergxound. Street lignti,ng = installations shall be approved by the Public Works Department. � 7. All streets and parking areas shall be concrete or as�phalt, All sidewa7.ks " shall be concrete, ; f � � �; e d, �1 ning Director � � t a i r � !'" . ; �. �,,�" h D Rl �'`� �� z--� I_Z�� ,� .._.F P�_0 � � .:��:�A 5n.�T -�;�7 T `' ' ..� .r1ll��uJ rLL��11VC C�l�ll�'a1S�.,�OTV � ,? j;3y 3� 1077 _ 7;30 P.I�i. ,, ' i .,�'Fo��rler J•a_nior Ha.gh 5chool - Lec�u�e Room I 10�65 s.Talnut• - Ti�ard; Oreoor_ ; � �..� �---� . . `i �OCKET; C "!2-77 . • . �.�....�...e: ef � ,� a ��rc� zon�n� ord;rance to apply Ci�y ��Ss: Te am..r_d th.. ,?'io�- � P.es�d�ntial" zoning �o �. 18.65 „ F am_1 - 'n�le ,T Ti gard R-7, Si_ r Y a�re recentl�T �:.�.-n�=��d P=-'"ce? c�rrently �o��d t�ash�r_oton �;��-�y ��p.G-1, . SubL�rbz�? Residential" LOC1�TI �TJ; :�.'est side o� S.'•''. 92nd ��v°nue (��7ash. Co. Tax T��ap 2Sl 14.�, Ta.� Lc-t 70G) . � AFpI.�ICAI�m; � �on�l� ". poi i��k �`r_ves�.Ln°nis/Richard Bra�n�rd I.. FIivT�ITJGS OF FAC 1: ' �• �;c2 i,��on of the Ci�y of Ti- � �. �y-,a zp�'!�ca�t �s re�t,�s L,n� the a�p -�0 1977) ;;zrd zonir_a ordi�!�nce o a recUrba� �cl eDensi�' Res��ent'a1�► 18.65 acre parcel �es�o�2ted ard Co_Lunity Fl�n, 1°77-. . ` ' �or_ the Ti� , ` L �;�y oi Tioard Ordir_ance 7?-20 �r ebruar'�T 2c, 1977; �irec�s �he ' a ; C��r�!�s�ion to condL�t sueh proc�eciir_os as �ay be n��- � Pl..rm-r_g -to conrox� the author�zad zorin� a-�d l�nd u�,° oT �� e .�Qr�1 -�o �rse r°��irements or the Ci;T's zo'-'�'n�. �ap and cede. . .. ,•, ; The a plicable �olicy =rem t�?e T1oard Co?',s.nkni-ty Pl�,.''1�� 197�-� �� ` �• � '� as •f o11fl�^►s; � L � ' . 1. t' y i'��` . ..�•'t be �ou. � i ..i_1 A _ l�4 r�i,, ef dev.._o�me : a. "�° �'�';i�mt�� cverall d�_-.. 'Y , �, � d�,��in� units C�Y' 12 pe?'so?�.5 pe� gz'os5 acre. '.�h�s a-nou.nt to a st��d�.rd oi 7�00 squar° feet of land per c�:,rellin.g u-nit i: So�ne �rees t�;?11 . a?lo��in� �ar str�ets a.nd oth�r op°n space. e�is��.� develop- �' � ,-: � l C�,�)�Y` density o�:=in� to �opo�ra�hY� ' � �. .� . �: d_`ve ` �nd?v�dua's zo o�:Tr• � 1arQe_ �ent pat-�erns, or t�1° �desire of ' '1 O',�. n �.T 2rd Av�enve �s desi�n2�°d:.a loc�l wtr�et on the T?��r'd 4 o S. ... 9 . �� Communi�y Plsn, 1977.. . . . e , . II 5. R-7 zoning ti��ou1�3,�per*nit tYie fcl?o�:��ir_o uses: . i . 2. ��r��ht per;�i��ed: . ;,.'' � , �� eacl� on Z SEyJaT2'��ly des- . . ; " . , �1� S;ngi o Family d•,•:el_'n��, cribed lot, as recorded in the County record�; + u '�3"t1CY €aI'den�n;, OTC�^_2I'f3S� d?lt� 71L?Y'S@'i''1G'S� ' � . � � (2) Far::�in , . � ;, provi de d �.o r e t a i? o r sholesa�° b�as?ness sales ., y ren�ses and pro- � � • off�ce is maintzii_ed on �he p , - ' v�dezi that no pou?try or litTestock, o�her than s,; � �prr.ial �household psts, 2re housed or zn;� fenced � . �_,; �ORDINANCE No. 77-53 , . ��y �. _ _ "§ ,..P... � ,_ _ _ _ _ , � , ..._ .�..M F R�PORT - _�°G y�� ..TC'_R7 ?7..o.I'�:�?I�JG C0:"� ;SIOi�? � � 5/��77 - �z�e ? � " • , . � k�,�.... ' � � run, locate�. Lr;-th�r one hundr�d fszt o= any res�der_ce . a�her than the d:�;ei lin� on t.he s�m� �ot; _ �;�r, (�) Home occuvations, or_ly as strict?y d�riried in ' Sec}ie?�. 1�.08,25�. , . be Cend��ior_al usese . (�� D�x�le�c resi�ential, ,:.:ith a r��ri;,�u� �ot s�ze of ' i 1��J,00� sa e ft. e one dup?el� per lot . � (2) Boat mooraoe , . � • i l3� C°'''..2° t+37°?°S . - , (4) Ch�rches �nd acc:�ssory uses � • (5) Colle�es (6) Co�-r,;Ln;�s b�:ild;r�s (pu�liC) • (7) Gov�r�zTe��a� s�ructure or l�nd use! including �ubi ic p�k, pla�erorzn.d, ''ecrea��on b�aiid�c!,,, f;re statiicn, l i brg�v or �,us�u*� (�) Gr°�rihouse . . Cen��tional hor�� use: Folloz�r�ng t.he �rocedure set � �, �9� , �g 2 Co�?.ditio:la� ho�e use r,=4y forth� �n Chapter .72, � b� au�horized for certain home OCCL'�2i?OI'3''c� us�s 1•rhich do not strictly conrox�n to the cri�eria set .io?^th �or �, t�ho;n� occu�ation" as defined in. S�ct?on 1�.08.250. t is the in�ent of this provision te pr��.�id� the � I r .• os � • ation � �eans for recLes � fcr the City s ..onsider ��home occupation" type uses �vh�n special c�rcu.l�!stance� � " are present ��:►rich �he egplican� feels c�es�rv� th�s y � �onsidera��er_. It is the i2�tent or thi� title y�.ha� ,,. �ny co*�.ercia? or industria? op�rztiors tahic:l ��ev1d . � �rdi�arily bs conducted �n a co��erci,al or in3ust- ; � r-a1 d?strict, ccntil��e te be con.ducted in such h �is�r�ct an.3 not at ho*_ne ' . � � 4 ' �r (1;;:� h^sp�t�1, .523'11'�S?''1LL� rest ho�*e, ieme fcr the , - z�ed, nursin� ho�e or conva�esc�*�� home } ' • (11.) P.a�?raa3 right-o�-��y � E , (�2) Sch�o�: nursery, FriL�ary, �le�zei�tary, -jun.ior � ' h�gh or �enior h��h, cellege or uiziv�?^sity, i � t ' vrivz�e, parochial or �ubl?c � � . � . � _ � r' ' " � t.�,,.; , • � , � , ' � . �; . � , � ORDINANCE No. 7?-53 � . . ,:_ _. . __., . . . ,. . ,:.,.� , ��.. _ . L `�'" ��OP�T - �C_'I,:1�� 5 ' ' Crty-,;-. � r � _ . . ` -,.' �F' , �^ , 1^AA4 r rL?ORT - AG�:� ,�- ,4 , l,r��t �7��.��t��I*1G Cn�•.�::ISSIOi�7 - � 5/'/I ! "- u�pP. 4 � • `:. IV. sTL�r R�,CO��r:��TIOI��: � . F�``` ; ��ed on th.� �13'3C�.Z�1bS oi fact znd �o�clusionzz^y ri*�din�s, the st,�=.i reccr-�en3s a��rova�. o� -`�,h.�' request subjec� to the find- in�s ��e staif _T'°COn?t1E,'72G�5 approval or �he request sLbject to -��±� f�Ilo:;in� condi-��on: (i) � ?�a�f str�et ��ro�TeT4�t be prav?dsd i cr S.Y:. 92nd Avenue . alen� th��s gronerty (2) �ie s�•,:er a_nd �•!2'G81^ Ezse,�!e_�?zs be r�v?e�:*ed ar_d a�nroved bv the stafr z��?zh a�zy • .sub�.i.vision ac�ivitv on this . Fr�p�rty � _, �� . ' F�, ,�� . , , � � . . �C..::r . � � - • ORDINANCE No. 77-53 • 1 Y • � � _ � . �� .. M� S � .... ,� e r . �r. , c:: 3 � STAFF REPORT - FINAL ACTION TIGARD PLANNING DEPARTD4ENT ;�; June 23, 1977 � Tigard City Ha11 12420 S .W. Main Street - Tigard, Oregon DOCKET: � S 13-�7 REQUEST: To�create a 75 lot subdivision on a 18.65 acre parcel in a R-? zone, "Single Family Residential" LOCATION: S.W. 92nd near Durham Road APPLICANT: Donald E. Pollock Investments I . FINDINGS OF FACT: 1. The applicant is requesting preliminary plat approval in accordance with Section 17.16 .100 of the Tigard rdunicipal Code to subdivide a 18.65 acre parcel into ?5 lots with a minimum Iot size of 7, 500 square feet in a. R-? zone on the west side of S .W. 92nd Avenue, south of Durham Road. 2. The site is designated "Urban Low Density Residen�ial" on �he Tigard Community Plan , 1971 and zoned R-7. Attached as ; ,�- conditions to the application of City zoning (May 3, �.977) �y were the following: (1) A half street improvement be provided for S .W. 92nd Avenue along this property (2) The se�ver and water easements be reviewed and approved by the staff with any subdivision activity on this property 3. The applicable policy from the Tigard-Community Plan, 1971 is as follows : � a, Th� maximum overall density of. developmen� will be four dwelling units or 12 persons per gross acre. This amounts to a standard of 7,500 square �eet of . land per dwelling unit allowing for streets and other open space. Some areas will have a lower density owing to topography, existing development p�.tterns or the desire of individuals to own a � larger lot . 4. SectYOn 17. 16. 100 .states that : � "No tentative plan for a praposed subdivision and no tentative plan for a major partition shall be approved unless: • , , , � , I - i , I . • , � � � ' .. STAFF REPORT - FINAL ACTION � TIGARD PLANNING �EPARTNIENT S 13-?7 June 23, 1977 • ` ,,�� Page 2 a. Streets ancl roads a.re laid out so as to conform to the plats of subdivision or maps of major par- titions already approved for adjoining property as to width, general direction, and in all other respects, unless the City determines it to be in the public interest to modify the street or road pattern. b. Streets and roads held for private use are clearly indicated on the tentative plan and all reserva- . tions or restric,tions relating to such private � roads and streets are set forth thereon . c. The tentative plan complies with the comprehensive plan and applicable zoning regulations of the City then in effect . d. No tentative plan of a subdivision or map of a major partition shall be approved unless there will exist adequate quantity and quality of water and �.n adequate sewage disposal system to support , the proposed use of the land described in the proposed plat . �Y II . STAFF OBSERVATIONS : 1. The parcel is presently occupiecl by a large farm house and out buildings which are used as a horse riding academy and boarding facility. The majority of the site is pasture, enerall flat with some chan of ra e in . g y , ge g d the southern portion but not of the magnitude to cause constraints fQr development. A small pond exists in the southeastern por- tion of the site. The site is surrounded by single family dwellings on rural size lots on the east and northeast a,nd vacant, wooded lots on the northwest and south . A recent�y approved preliminary plat for a four lot subdivision (Cos- ton Place) is located to the north . 2 . Water service 'is available to facilitate the proposed den- i sity on this site via an eight inch line in S.W. 92nd .and a 12 -.inch line in Durham Road. Access to this line will '� be provided across an easement to be furnished by an inter- vening proper�y. . . . . . 3. Sewer is available to handle a portion of the site under a gravity flow system via a ten inch line in Durham Road. .--� �,:� ,� . ��,� __� _ , : . , , � �., ' . � •� � ' l � , � �,; '' r STAFF REPORT - FINAL ACTION � : � � TIGAI�D PLANNING DEPAItTMENT � ��'�� . S 13-7? ' • �- �� June 23, 1977 • � , Page 3 . � . � I.. I 4. S.W. 92nd Avenue is in substandard condition, and the in- ` troduction of zoning which qualified the property for 75 � ' housing units necessitates that a half street impravement � be provided. 5. � The ,preliminary plat as submitted proposes to provide '" � sanitary sewer to the site by extending a line 1,300 fee� from the Upper Tuasatin Sewex Interceptor of the Unified Sewerage Agencyo As of this @ate the Upper Tualatin Iine � ' has not been built, but bids on construction are tenta- f tively scheduled for fall , 1977, witkz construction sche- duled to commence possibly in the fal.l or early next year i (1978) , depending on weather conditions. As to who would � be responsible for extending the line 1,3Q0 feet from�the ' interceptor is undetermined, based on information given � ' on the plat . , f'' ; ,,, � : 6. Storm water outfall along the west and south property lines is shown leaving the site by way of 12 inch storm �'' line�. The State Plumbin'g Laws and Administrative Rules �:` states: . ;'`'' . �>� ;,;. ' "ftain, storm, and other surfaae runoff water drained from �_ roofs, paved areas, courts or court yards shall not be ;; conveyed and discharged to the storm sewers or to� t�ie+ �;� . street gutters in a manner which may cause flooding to r:� adjacent property, streets, alleys or walkways. . . " r? ,,,, t� ?. An eYisti.^.b S1T:ale fami3.y home on Lot 10, at the intersec- ;',�'. tion of 94th and Marth� Place, will remain and be included � • within the subdivision . � ±; 1;1 8. A 20 foot easement 'betwee,n Lots 3 and 4 is shown on the preliminary plat. This easement is intended to provide �� 'both access from the Coston Place subdivision immediately }. to the north, as well as for utility purposes far the pro- {;; posed subdivision . However, an additional five feet of {;a easPment between Lots 3 and 4 will be necessary in order E to provide' fo� the continuation of a 24 foot wide driveway from the Coston Place subdivision . � ;,t ;:; � 9. The proposed lotting pattern envisions a continuation of 94th Street, both north and south, and Millen Drive (west) beyond the plat . Continuation of these streets through adjacent properties would appear to �acilitate the devel- '� opment of these properties and offer the possibility of ', eventually developing a connective street system in this �'+ . area. �� ` �lf �: • �K I j .. 't . . •r „ � � � . , .STAFF REPORT - FINAL ACTION � � � TZGARD PLANNING DEPARTMENT S 13-77 " June 23, I977 • ;�#�. Page 4 10. Three landscape islands are shown in the cul-de-sacs of Martha Place, Julia Place, and Millen P1ace on the site plan. A maintenance question arises as to who (City or ' property owners} is to be responsible for maintaining , these areas. Ile � Staff is concerned as to how lots, located in the south- easterly portion of the site, would gain access, to the xear of those lots, as there is presently a 60 by 280 foot pond which bisects these parcels. 12. The adopted 1974 Tigard Pedestrian Bicyale Pathway Plan and the Environmenta.l Design and Open Space Plan (yet ta be adopted) recommends the construction of a bike path facility along S.W. 92nd from Durham Road to Cook Park . 13. Existing facilities along S.W. 92nd (e.g. , Tigard High Schaol and Cook Park) and proposed development along this street necessitates improving S.W. 92nd to collector street standards . The County's "minor-collector" stan- dard appears most appropriate, ;iecessitating a 36 foot , pavement section on� a. 6q foot right-of-way. An additional � `� five feet of right-of-way would thereby be required for "` S.W. 92nd. • • � �� III , CONCLUSIONARY FINDTNGS : 1_ The prap�sed gx°limin�,ry plat conforms to the Tigard Com� . munity Plan, 1971 in th.at the prQposed lotting pattern is • for residential purposes, conf.orms to the dimensi�nal re- quirements of Title 18 0� the Tigard Munici.pa,l Code (zon- � ing) , and furthers the collector streets pplici:es o� the Tigard Community Plan, 1971. 2. With the attachment of appropriate condi.tions, access will be available to all lots, and each lot as proposed wi11 abut a public street. 3. Sanitary sewer' is not available to a major portion of the plat and would require both the construction of the Upper Tualatin line and extending a local line 1,300 feet to the . site. IV. FINAL ACTION: �� . � . �!' � , • � �.:,:.>� � � � , �.. . _ _. _ _ _ , .�. _ . � _ _ __ _ _ , »�� ^ � � � � . � STAFF REPORT - FINAL RCTION TTGARD PLANNING DEPARTMENT S 13-77 ' �`. June 23, 1977 • Page 5 f The preliminary plat for "Kneeland Estates" is hereby approved subjec.t to the following conditions: 1. Five f�et of right-of-way along S .W. 92nd be dedicated for street purposes. , 2 . A half street improvement for S.W, 92nd from the north plat boundary to the southern terminus of the plat be con- structed to County "minor-collector" (36 �oot pavement and 60 feet of right-of-way) street standards, with an eight foot sidewalk for pede�trian bicycle path purposes, delet- ing the sidewalk requirement for Tax Lot 802, if additional. . right-of-way cannot be obtained from t�he property owner. 3. Street plugs be provided for the north and south terminus of 94th Street and western terminus of Millen Drive. 4a A street barricade be constructed at the northern terminus of 94th Streete 5. Deed covenants be attached to Lots 3-8, 14-20, and 26-30 ��'' for purposes of prescribing responsibility for maintenance ' ` of the ladnscape islands to be located in the cul-de-sacs . 6. A landscape plan �or the cul-de-sac islands will be sub-- mitted for design review approval . 7.' To assure that the Oregon State Plumbing Specia,lity Code and Administrative Regulations as they pertain to storm water discharge are met , either a storm water retention plan shall be submitted subject to Public Works Department approva7. or agreements will he made with adjacent property �� owners to accept any additional storm water outfall that � I , would occur as the result of development on the site. I 8. No final plat will be recorded for any lots within the pre- � liminary plat boundary until such time as public sewer ser- �' vice is available to the lots in question . The intent is , to permit construction of the subdivision concommitant � with the construction of the Upper Tualatin Interceptor , Sewer but to assure that no lots will be sold until sewer serviee is physically available. , 9. A 25 foot easement through Lots 3 and 4 be recorded for access and utility purposes. . �. 10. Fire hydrants be placed as per Tigard j9ater District and ��, i City of Tigard regulations . .,: : . , ; � ,,: „ �, . � � . ' . � • ST�,FF REPORT - FI?�AL ACTION TIG:�RD PLA?3NIIvG UEPART�IENT . S 13-77 - June 23, 197? ' 4�,, Page 6 � { • I1. Permits be obtainec� from jkashington County for street im- xovement ur oses on S .W. 92nd. P P P 12. The se�rer and water easements necessary to bring these fa- eilities to the site be reviewed and approved by staff. 13. To assure access is provided to the pond and rear portions ' of Lots 47-52, cross easements be recorded for these areas. ; TY�e easement would be for a triangular shape area with the I following dimensions: Commencing at the southeast property line of Lot 49 and pxoceeding in a westerly direction 240 feet along the south property lines of Lots 47, 48, and 49, then in a northeast direction 400 feet to the northeast corner of Lot 52, then back along the east property line 325 feet to the southeast corner of Lot 49. (These measurements . are an approximation taken off the preliminary plat . ) 14. Five foot easements be provided adjacent the property lines for utility purposes. _----� , , -� ��' r' � �� %� � ` /(�'T�r�i.=�•2. �c '' Richard Bolen � Planning Director , � � � �� . �. ,. . ,. , . � .,, . ' � � � � � �C ,2.� -- '7�" • ST:��F REPDRT AGEtiD;A S . � � TIGARD PLAVNING C�N1��ISSSION , ' OG'to5er 17, 1978 7: 30 P.M. " Focaler Junior Eiigh - Lecture Raoni 10865 S .tV, r�lalnut 5t. - T�ard, Oregon , �acket: Zone Chang �.�-�21-78 Reques�: For. a �one map amendmen� �rom Wash. Co. S-T "Single Family : Dwel].ing" to City R-7 "Single Family Resxdential" zone far � � a 1.29 acre parcel. � Location: 9330 S.6V. Durham Road, 200 feet west •of 92nd (Wash. Co. Tax Map 2S1 14A, Tax Lot 500) . �� Applicant: DON:ALD POLLOCK I. Findings of Fact: � 1. The site has recently been annexed into thz City. . 2. There exists a need to assign City zoning to ' � annexed parcels. , � 3. The propo�ed zoning is in conformance with the . NPO #6 Plan desiqnation as "Urban Low Density" (one single family unit per 7,500 sq. �t.) . E 4. The site is relatively flat �with a single tami.ly � �; • unit on the subject property. , ,+c>, 5. The surroundinq land uses are �single family residences to the nor�h across Durham Rd. , and ' . to the east. Agricultural land to the west and south. • 6. � The- site development w.�ll link up with an 8-inch ' . pressure line off the �.runk I.�ine of the existiz�g U.S.A. sewer line serving thE residences north of _ , the subject property. ;�Y 7. Water will be supplied by an 8-inch Tigard Water District line from the existing I2-inch trunk: J.ine . on S.W. Durham Road. 8. Southwest Durham Road is designated a residential , arterial road in the NPO #6 plan, with a necessary right-of-way 90 feet. The purpose of ari ar�erial �� street in NPO �6 Plan is as foLlows: "To carry high volume t�affic flow and to eonnect major tra.Efic generating areas such as resid:er�tial neighborhoods, commercial centers, industrzal, areas and nearb� communities" . � `'. . . , . , ; i ..� . �. . . . �. � � .... � . � . : : . . . . . .. . ..� %1... ' .. . �. . . �... . .��.. . ... .�� . �. _ � � � � . STAFF REPORT . AG�'�ID� 5 .4 � TIGARD PLANNi�G COriMTSSION ' Octaber 17. 1978 � Page 2 r,:``Y ' , �� 9 . Public access from the site will be onto S.W. ' Durham Road. S.W. Durham road is presently under County jurisdiction. II. Conclusionary Findings; � 1. The right-of-way along S.W, Durham Road is . inadequate. Twenty-five additional feet is ... necessary to bring ths right-oF-way up to the standard re i u red b the Com rehensive Q y p Plan and Washington County. 2. Southwest Durham Road is presentiy in substandard ' condition with no curbs or sidewalk. . : • III . Staff Recommendations: � ' Staff recommends approval subject to the following ; c�ndi�ions: , • l. That 25. feet of right-of--way along S.W. Durham Road �be dedicated to the City with hal� street ,,d �� ' improvements installed prior to County recor�iing � �r? ' ' of the final plat. •� ''+^ . . '�° � \ .-� 2. �That the developer submi.t construction and site drainage plans to be� .approved by the City Engineer and Building Departme�nts prior to issuance of ' permits. ' • ' 3. That all utilities be subsurface installations. , y v ��4 ,. _.__ _ __ ., ..�_ ,~ . . . �C � 3�-?.� � .___... i � �' STAFF REPORT � 4 . AGEtJDA 5.6 TJGARD PLANNTNG CONL�SISSION February 6, ].979 - 7:30 P.M. Fowler Junior Hi.gh School - Lecture Room 1O8fi5 S.W. Walnut Street - Tigard, Oregon Docket; Conditional Us�CU 36--78 j (Ref. : ZC 21-�8)�� +__ _ Applicante Donald E. Polloek � Owner: Donald E. Po1lock ' Location: 9330 �.Wa Durham Road (Wash. Co. Tax Map 2S1 I4A, Tax Lo� 500) . Request: Conditional use permit to build duplexes in an R°7 "Single Family ReSi,den�ia]," �one on a 1.2� acre p�.rcel.. I. Findings of Fact: l. The site is designated "Urban Low Density Residential" an the NPO #6 Plan and is presently zoned R-7 "Sinqle Family Residential". 2. The applicant groposes to create three duplex lots (tnin. 10,000 sc�.ft.) �e lot will have a minimum 7,500 sc�uare £eet for a single fami.Zy residence and maintain an existing single family residence with the requir�d 7,500 square foot lot. There will be a total af five units. � �� 3o The NPO #6 Plan requires no more than four units per acre. Therefore, �: 1.29 acres times four equals 5.16. The applicant is .16 c�f a unit below the maximum use in thi� zone. 4. Section 18.20.020(1) of the Tigard Municipal Code pezznits "Duplex residential with a minunum lot of 10,000 square feet: one duplex per lot or two single family attached units with a minimum lot area .af 5,000 square feet per unit." In the event it appears thaC it a.s not practical to divide a leqal lot into two lots of 5,000 square ' �i �eet each, ��he Planning Director may approv� the division notwithstanding the fact that one lot is less than 5,000 square feet, �rovided, however, i that no such lot shall be smaller than 4,250 square feet. _. . I 5. The applicable policy from the Tigard Housi.ng text is the following: , . � Policy 15: Provide greater diversi�y of housing density (e.g., duplexes, I�� four-plex, attached sinqle family units, e�c.) . � • . 6. The site is relatively flat with a single fami.ly unit on the subject r ert - 0 P P Y• The surrounding land uses are townhouse residences to the north across Durham Road, and single family zesidences to the east and south, and agrirul,tural land to the west. � . STAFF REPORT � � AGENDA 5.6 ` , TIGARA PLANNING CCIMMISSION F'ebniary 6, 1.979 - 7:30 P.M. Page 2 � � 7e Public access from the site will be onto S.W. Durham Road. ��"" Southwest Durham Road is de5ignated a r�sidential arterial road in t,he NPO #6 Plan, witt� a necessary right-of-way of 90 feet. The purpose of an arterial stree� in NPO #b Plan is as follows: • "To carry high volume traffic flow and to connect major traffic � generating areas such as residential neighborhoods, commercial centars, industrial ar�as and nearby comanunities". 8. Policy 7 of the NPO #6 Plan states: � . Within the urban low-density residential area, a1low. duplexes on lots � � less appropriate for single familX homes to i.nclude loaatzons at street intersections, adjacent major thoroughfares, and as buffers between multi--famsly and single family areas. � . � 9. The site development wi1T link up with an 8-inch pressure li.ne off �he trvnk line of the �existing U.S.A, sewer line serving the residences north of the subject property. . 10. Water will be supplied by an 8-inch Tigard Water District line from the existing 12-inch tr�3c line on S.W. Durham Road. ,.,� � TI. Gbnclusionary Findings: �� l. T'he proposed duplex units will provide the buffering effect :�e�tween the arterial thoroughfare (SeW, Durham Road) and the si.ngle �family residences adjacent south of the property. 2. The duplexes will be continuing the housing type characteristic similar to those townhouses located north across S.W. Durham Road. 3. Public service facilities are adequate ta permit the higher density � development. . 4. 't'here is an identi£ied public need td provide a diversity of housing ' types within the cammunity, accordinq to policies set out 3.n the Housinq Plane ' 5. This request conforms to the conditional use requirements of the R-7 �one (5ingle Family Residential) and Urban Law Density Residential desiqnation of the NPO #6 Plan. . III. Staff Reoo�nendations: Staff recommends approval subject to the following conditons: 1. That 25 feet of right-of-way along S.W. Durham Road be dedica�ed to the City with half street improvements installed prior to County recordinq �-�'�, of the final plat. • '�� . .��4 . � . ,� _ _ _ � ::., ..,: _ , ._ . . _ _ � ,;� - � � • ,� � r �� ST�F REPORT , ' . . AGEIGDA 5.6 ' • � TZGARD PL�'�JNING COMMISSION • February 6, 1979 - 7:30 P.M. � .Page � 2. That the developer submit cons�ruction and site clrainage plans to � be approved by the City Engineer and Buiiding Departments prior to issuance of permits. 3. That all utilities be subsurface installatians. 4. That no access be permitted onto S.W. Durham Road. • Report prepared by: Ken Selby �� , Reviewed by: Aldie Howard + l�ssociate City Planner Planning Direator Eebuary 2, 1979 February 2, 1979 I � � . . � . , ' , �y (�_ ' ��.. Y � ° � • �� . � , � •-— � �:�� - . W ,1�,�.p �+�.z.3 ,/V �, . � � �--�- I 1/4 SEC COR � EEG1N C.R.2076 I� � -� �.,,�d r� s w .-�- , r ItB.IS .SS .92 Ia3 78-19112 . ` � 6 o Q f 5 3 Q' 18�.0 312 4'0 '25 A�' . ,/.t6Ae. i /. na AQAe. w30a - � m 3�2 � 1QO 305 �.�e� - � h_ia� .�r.�� ¢� e • �303 0 �� I N x10. I A A ./94C w� 3 e(C.5•No•12164)o � o °1 `�� .53GM. . � o .sal 40 404 402 � .71 e. 3 �O Ac. .2S A� �' - �32. i30 _ ,r � 7�� Q � 10 a'�k, °� 4 3 3 57 14p ie.6sae . • I� � o � R/' o i , N . � r2 �, I a o a � �. �'� _, 83 _.,, ._. v o I � C O , h M y � w , � � • � �.�.�� "`� N' �� z \ �.� ry ! . � o'R/ � } � 802 • � _ sa .s' .ss��. — _ _. � C.S. 13,834 — - . 0 • � � a s ' � � ~ °�. � �� — M � � . : r [A 2 �• 70, w r. : i � �C i �- � MN CdR 9MkV(II 63I 145 r !d� , ' �oz � :.o�.�. �: , f Y 0 °� 4 � _ Mee• i'E �or. ' �6.37 , t2� I�ai4.a rt"�� - � 900 904 9 46Ae. �•J/�C. ' Jl�+. � w ! . � � Iy � l�t�� p� ~M8f' . 27 y! �.... I _ __ -- . ..-� i _ - � z0 � �- 8� �'/c.. i��s/ R �? U GH _` �,� ^� u.._ • Chagter 7.8.59 �^ DESIGL� REVIEGa Sections: � ' 18.59.010 Purpose of provisions 18.59.020 Administratiori Action 18.59,023. Fee Required 18.59.024 Modification .of:P.lan I8.59.030 Ap�licability af Llesign Review 18.59,o32 Appeals procedure 18.55.04d Canditional Applicability �I 18.59.d50 Matters Exempt , 18.59.060 Design Review Procedure 18.59.061 Application for Design Review ' 18.S9.062 Standards and Criteria 18.59.063 Additional Requirements ', 18.59.064 Aesthetic Design 18.59.070 Minor Deviations . 'i 18.59.080 Bonding and Assurances 18.59.090 Validity Period 18.59.100 Offsite imp rovement of Right-of-way 18.59.010 Purpose of Provisions. The intent aaid puxpose of desi I', ! �6 � I review is to promote the general community welfare by encouraging atten�ion '�, \. ,�� , to site planning, .with � regard to the natural environment, cre ative � project design and the character of the neighborhood or areai It i§� also I � _ in the public interest and necessary for the promotion of the safety, I! conv�enience, comfort and prosperity of the citizens of the city of Tigard to; j (1) � Preserve and �nhance the natural beauties of the land and I i of the man-made environment, and enjoyment thereof; !I (2•) .. Mai.ntain and improve the qualities of and relations.hips I, between individual buildings, structures, and the physical developments I which best contribute to the amenities and attractiveness of an area or neighborhood; �� . I� �� . . � 9/80 ' 12/4/80 , ..... .:. ... .. ,.. .::. _. - -- Page 2 (3) . .�rotect and insure �he adequacy and usefulness of public �;;� ; , and private developments as they relate to each other and to the neighborhood � or area; � , (4) . Irsure �Y►at each individual development provides for a quali.ty environmen� for the citizens utilizing that development as well as the community as a whole. . I t5) , .. ' Stimulate creative design for individuai. buildings, groups of buildings and structures, and other physic�l devel.opments; (6) . Ehcourage the innovati.ve use of materials, methods and techniques; ��, >:�; ('7) ; �ntegrate the functions, appearances and locations of �--° + .-; buildings and i.mprovements :. to best achieve a balance between private prerogatives and preferences, and the public interest and welfare. � 18.59.020 Adminsitration. Action. Within thirty (30) days of receipt of design plans in conf�rmance with all aspects of this code, the plann3na � director ox his agent shall apQrove, disannrove, or apnrova �•�ith cona.itions all design review plans , . _ �' except as may be otherwise ��-�,, �. provided under Section 18.59.04Q, Conditional Applicability. � � Page 3 18.59.023 Fee Required. At the time of the filing of the application for apQroval of. a design re view plan, the applicant shall pay a fee to be ' determined by resolution of the city council. � 18.59.024 Modification of Plan. A r_equest for modification of an app roved design plan shall be subnitted to the appropriate city department and shall be modified or denied in writing by the department head. 18.59,030 :�pplicability of Design Review. Action by the planning director or his agent shall be based upon findings pursuant to the criteria of subsection "d" of Section 18.59.060. '�he applicability of development requirements contained in the Tigard Municipal Code shall be determined by the planniny director relative to each application for development made to the City of Ti,y<3x•d. ��, All new buildings, structures an d relocation, addition, extension, ancl exterior changes of or to existing buildings, struc�ures, and physical site improvements shall be subject to design review including preparation of a design pZan. ("Physical improvements", as used in this chapter includes, but is not lir.uted to, parking lot areas in excess of three spaces, loading areas, retaining walls, signs, and cut and fill or grading actions.) 18.59.032 Appeals Procedure. Action of the planning director or his agent may be appealed to the plannin g commission by the applicant or adjacent � property owner provided: (1) A written notice of sp�eal is xecorded stating reason(s) for the a�peal based u�on the criteria o� �his chapter:.' �� ' ' . ... A . � I , _ � _ __ _ :__ , . __„ .;_:..w.� ..r- , _ . _�� Page 4 (2) Said written notice of appeal is receive3 by the City RscUrder r'�,:- within twenty (20) days of the ap�licant's receipt of notice of action by the planning director or his agent. (3) Action by the planning commission may be appealed to the City ' Council as outlined in Tigard Municipal Code Section 18.92.020. � 18.59.040 Conditional Applicability. The planning commission or city council may, as a condition of approval for a zoning ordinance amendmen�, or conditional use approval, require conformance to the requirement.s of. this chapter and may specif;� design approval authority. 18.59.050 Matters Exempt. 5ingle-family 8etached dwelling structures and accessory physical improvements are exempt from design review. � �.:, 18.59.060 Design Review Procedure. Following a preliminazy review of 1�""'� the design plan with the planning depaxtment, �he applicant shall prepare final plans incorporating all aspects of the design review plan and file three (3) copies with the planning director. If the final plans are found to be in campliance, it shall be so certified in a sta�f report. A copy of the certified plans and sta�f s-eport will be returnec7 to the applicant. Attached to the staff "report sh�ll. be an "acknowledgement" statement. The applicant will sign this statement agreeing to the conditions stated and • shall zeturn an acknowledgement cqpy to staff prior to the issuance of any � - � permit by the City. A copy of the final plans with the staff �eport and conditions shall be distributed to the building official and placed on file with the planning department. r''"^� ��,J _ _ _. _ � , E � � Page S ' . (1) Conformity to Site Plan. . (A) No building, grading L.�ermit, parking permi.t or sign pexmi.t � shall be issued, nor any use co�nence or be enlarged� changed, or altered until a design review plan, as required under this chapter, is appxoved by the planning director or his agent. • � (B) As r�ay be determined by the planning director or his aaent, a grading pernu.t, parking nermit or sign permit may be approved after prelin�inary consultation with an applicant provided adequate evidence and findings indicate compliance with the intent and purpose of this chapter. (C) Th� planning director may ap,prove changes in approved design plans when he determines the changes will not significantly alter the character, density, intensity,or otherwise significantly change the plan. Significant changes must be approved anew as required by this �chapter. �,� (D) The applicant shall �demonstrate continued c�mpliance with the appmved landscape plan twelve (12) rnonfihs from the date of issuanc�' ''+ of an occupancX permit for a site. Noncompliance with the approved site plan, or concli.tions placed upon the site. in the staff report, pursuant to this section, shall be treated as zoning ordinance violatians. �. I . I i --- -- __-_ _ . _..,_�_.__. w..�. ..w. r: �..: ...... ,r.:_4.�.��..��..� , , Page 6 ' 18.59.061 Application for Design Review. The applicant for approval `�' �� of a design review plan shall consider the intent and purpose and the I � standards of this chapter ir� preparing a design plan as herewith required. The application will not be processed by the planning department unless • ., , it is cor,►plete o As a minimum, the desiqn plan must contain the fallowing: • s . , , (1) Site plar�, including vicinity map; (2) Architectural c�rawings including elevations �referably prepared by a licensed architect; (3) Landscape plan with irrigation plan, and plant material index, preferably prenared by a licensed landscape architeat. . (4) Site drainage �lans. Parking configuration pl.an. The application, design plan and supporting docinnentation shall be K'` submitted in the form as rec�uired by the planning degartment. If the plannsng �,� ., �` director determines it wi�hin the public interest, due to the complexitg� '� and/or uniqueness of proposed p roject, to require the services of a licensed architect and/or landscape architect, this may be mandated and applicant sha11 pay alI expenses incurred. �,, ;� , � yd�.,,�.. . , _._ _. . � � Page 7 ',,, 18.59.062 Standards and Criteria. The review and approval of dPSign �plans an d proposals as set forth herein, based on the following criteria, shall assure that developments and physical improvements are designed and located in a manner which will best satisfy the purpose and intent o.f t.his section. . :. (la It will not impair or interfere with either the development . .. use, or enjoyment of other property in the vicinity, or the orde rly and pleasing development of the neighborhood, or the desigr� functions of public lands an d rights-of-way. (2) It will not directly, or in a cumulative fashion, im�air, inhibit, or limit further investment or improvements in the vicinity, on the same or other properties, including public lands and rights-of-way. (3) It will be adequately served by public facilities including, � �� but not limited to, sewer, streets, water, and power. The Public Works Department shall make a determination as to the availability of public facilities. Adequate parking shall be provided. All plans for public improvements shall be reviewed and approved by the Public Works Department, (4). It will properly and adequately perform or satisfy its functional requirements without being unsightly or creating substantial disharmony with regard to its locale and surroundings; (5) It will provide a safe, pleasing and liveable environment � . for t•hose people utilizing the cievelopment, and immediate neighbors or community as a whole. (6) It will be properly and adequately landsca�ed with maximum retention of trees, minimum soil removal, and minimum grade changes as shall be in keeping with thp general appearance of the neighborhood or area, � •and the safe, efficient and attractive development of the site. __... � • t �: Page 8 x F f I (7) It shaZl provide a minimua-n onsite 1�-��d;cay>e area of ten (10�) �"�� } i r percent in accordance with the following forn�ula: {' � i Residential Zones -- Front twelve (12') feet from �the street right-of-way �` � � ;: Commercial Zones �- Front ten (10') feet � " ; . .. . ... - � ,. .4'. Industrial Zones -- Front twenty (20') feet , - , �. ��, 18.59.063 Addi.tional Requirements. }! — � (1) All areas not occupied by paved roadways or walkways shall be !I � �� ;�� landscaped and maintained. ;) (2) Tree and shrub planting areas of a minimum eight (8') feet in ri ki width within arkin areas shall be �' p g provided and maintained at approxima�ely {; il seventy (70') feet on center each way or an agy^regate amount. - . is' . �; `:' � t3) A minimum five (5') foot landscape strip along any lot boundary � shall be installed. �: (4) All off-street parking and loading areas shall be effectively i;; screened fxom view from the public right-of-way. �'I 'I � �.7 �'; �>i • �� . .� • • �: ,. ' ' �ell', , �;I . i^�', �I � �: , {�� I �' �. �'. M • �. Page 9 '� ,' ` 18.59.064 Aesthetic Design. All projects will minimize or eli*_ainate � � h, adverse wisual effects which might otherwise xesult from unplanned or ' G' � inappropriate development, design, or juxtaposition. Such adversa effects i ; may include, but are not limited to, those produced b�► the de�ign and ' locatianal characteristics of: z (1) The scale, mass, height, area, and materials of buildings and ; � � structures; ` t: (2) Surface and subsurface drainage and appurtenant struatures; (3) Cut and fill or the reforming of the natural terrain and stxuctural appurtenant thereto such as retaining wa11s; � (4) Areas, paths, and rights-of-way for the containment,movement, or general circulation of persans, animals, vehicles, and conveyances. (5) Other developments or improvements such as, but not limited to, ' ; ut'ility lines, storage or service areas and advertizing features, whiah �� : may result in a diminuation or elimination of sun and light exposure, ; ''+ �i views, vistas, privacX, and general aesthetic value of the neighborhood �� or area. � �' .. � �s �' i! , ,; jX Sr';, F:; t:, . . I}.�':�. . . • - . ��.i.. �f t:, fti 14 � . � , �i' �, fJ: �� ' . . , �r,. ��. .. . . . . .�'. �! fZ . � � . .. � . � . .. . . . . . , . F:f'. } Page 10 " 18.59.070 Minor Deviations. � •°• - ' �;��; � (1) Yards required by the underlying zoning district ntay be varied ' up to twenty (20'�) percent provided said variatiori is decnonstrated to result ' in a superioi design in the public interest o� relates to a practical � • " . . difficulty associated with the natural aharacter of the' �site.� � � � ' ; (2) Parking rsquired by the underlyinq zoning district. to twenty� (20'E)�� percent where special conditions raarrant'said variation, and considering such � , factors as the �ollowinge '. � ' ' (A) Availability of public transit; • ' � (B) Multiple or joint use �f parking facilities; ' (C) Special conditions such as hau�ing for the elderly, low �.ncorne, - or studio apaxtmen�s. , -. _.. � � � j� ,�f,:.. `�::J:i' � \ �1 . , • . I Fi'��:i .. I� ��,� I� .. .._ . .. . _ _ _ _ _ _ _ � � ` � " Fage 11 ! ' � � � � � � �1��'� , , . . � � � � -'8 . . �� . � � . Yy.� .. .. . � . 1 �.. 18.59.080 Bonding and �,ssurances. , i � �,.Th� lann,ing director may require a bond or other adeq�ate assurance � ' f]:) ...� :; .. P.. _ , s as a c��dition, of the desic� plan that conform�nce to' the, approved design ._: � :... _ .. _. . . . , ' i , } pi.an is comple_te,d.. The..bond oz., othe� assuxance shall. be, released wYlen; .; F . . . . . .. , . � . . . ._. � conformance to the design plan is.. aertified by the,planning dir�ctor or , :, ,, . , } i his, agent. ,. . ,- .. , . .. . , � , � . . � � .. (2) ..;.Landscapinq shall. be installed.prioX to issuance of occupancy permits, , unless security equal to the cost of landscaping as determined by the planning disector is filed with the city recorder assuring such i.nst,allation ; within six months after occupancy. Sec�rity may consist of a faithful performance bond for 150$ of the cost payable to the city, cash certified ! } #; check or such other assurance of completion approved by the city attorney, ,. �� If the installation of the landscaping is not completed within the six (6) �; I month period, the security may be used by the city to complete the installation. � 1 i � � " ' _�...�...:1:..�.Ya,��' " :. Page 12 18.59.090 Val.idity Perioc�. Design. plans approved by the �lanning K°"" ��.,�.;� director shall remain valid for a peri.od of one •(L),;year following the �clate of its app.roval. If at the End of that time con:s:tr�u�ta.arY has not begun, the site nlan app:roval shall lapse and shall be in effect unly if xesubmitted � to the director and again a�nroved. All construction anr� development •�. under any buil.ding nermit shall be in accordance with' the approved design ' plans. Any denaxture from such plan o�kher than provicted for in 'Section 18.59;..070 shall be a cause for revocati�on o� a building �aermit or a dena.al o�" an occupancy permit. Any proposed changes in an approved olan sha11 be sub:nit�ed �o the planning director in accerdance with Sectiori� 18.5�.,020 �or �evieri� and approval. Site development shall be completed before issuance of I occupancy per•nits unless an ext�nsion of not longer than six (6) mori•�hs is grant�d by the director. � l�,t .-� . , • • 18.59.100 Oftsite Improvement and Right-O'f-Wa . Dedication5: of necessary righ�-of-wal, street improveraents, pedestrian ways, ],�gt�ting, aii�d signalization may •be reguire�l by the City as a conda;tion of d�velc3pment-�'�;, ' ' � if i;t is found that a need for such is caused by the- dev�lop:nent tu�der • consideration. 1':"�'; Ee�.,�:� �,�,�,.M.<p..�..�.,..., . _ .�., __ _ . � : _ , _ .___ �