Planning Commission Packet - 10/05/1982 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
AGENDA
TIGARD PLANNING COMMISSION
OCTOBER 5, 1982 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM
10865 S.W. Walnut Street, Tigard, Oregon
1. OPEN MEETING
2. ROLL CALL
3. Approval of Minutes from previous meeting
4 . Planning Commission Communication
5 . PUBLIC HEARING
5.1 S.W. Church of Christ CU 20-80 NPO # 6
5.2 The Meadows/Bruce Kamhoot & Assoc. M 1-82 NPO # 7
6 . Old Business
7 . Other Business
a. City Administrator - Summary of the 5 yr. Financial Plan
and cutback options
8. Adjournment
T I G A R D P L A N N I N G C O M M I S S I O N
Regular Meeting
October 5, 1982
1. Vice-President Speaker called the meeting to order at 7:40 p.m. The
meeting was held at Fowler Junior High School - Lecture Room, 10865 S.W.
Walnut Street, Tigard, Oregon.
2. ROLL CALL: Present: Vice-President Clifford Speaker, Commissioners Don
Moen, Mark Christen, Phil Edin, Bonnie Owens, Roy Bonn.
Excused absence: Frank Tepedino, Deane Leverett and Richard
Helmer,
STAFF: William Monahan, Director of Planning & Development; Elizabeth
Newton, Associate Planner; Ken Elliott, City Attorney; Diane
Jelderks, Clerk Typist; Bob Jean, City Administrator.
3. There were no minutes available for approval.
4. COMMISSION COMMUNICATION
• Vice-President Speaker reported he had attended the Hearings Officer
meeting of September 23, 1982 regarding the filling being done on
74th and Durham Road. He stated the applicant intended to build on
the site and that he had voiced the Planning Commission's feelings to
the Hearings Officer. He questioned staff regarding the final
decision.
Associate Planner Newton stated the Hearings Officer had requested
additional time and would be making her decision on October 6, 1982.
• City Administrator, Bob Jean informed the Planning Commission he had
been doing extensive evaluation of Measure #3, the ]. 1/2% property
tax limitation, on what it would mean to Tigard. He stated the
impact was not known as the measure was not clear and would need to
go to the Legislature. Under the worse scenario there could be a
million dollar short-fall, which would cut staff from 76 to 56
full-time employees. He explained how the cuts may happen among the
different departments and the effects on other public services such
as School, County and Fire Department. Questions and discussion
followed between Commissioners and Mr. Jean.
5. PUBLIC HEARINGS
• Vice-President Speaker opened the Public Hearing by reading the usual
statement of authority for the procedure to be followed in the
meeting.
5.1 CONDITIONAL USE CU 20-80 TIME EXTENSION NPO #6
A request by S.W. Church of Christ for a two-year time extension for
starting half-street improvements as required under CU 20-80.
Located at 15805 S.W. 98th (Wash. Co. Tax Map 2S1 I1CD lot 701).
a. PUBLIC HEARING OPENED
• Associate Planner Newton made the staff's recommendation for
denial of the two-year extension. It was recommended instead for
a six-month time extension with public improvement plans for S.W.
98th being approved, bonded and contracted for construction
within sixty days.
• NPO Report - No one was present from NPO #6 to speak.
• APPLICANT'S PRESENTATION - Allan Vance, representative of S.W.
Church of Christ, 9725 S.W. Durham Rd. explained they had
purchased the house two years ago to use for bible study
classes. The conditional use required half-street improvements
on the opposite side of the street from the house, which he did
not feel was appropriate. However, they are willing to comply,
but feel they need a two-year time extension due to the downturn
in the economy and the hardship it would impose on the Church to
complete the work at this time.
o Commissioner Owens questioned why improvements were being
requested for the street opposite from the house.
Commissioner Moen commented he had been on the Commission when
this was first heard and stated this was done because the
property opposite the house was owned by the Church and needed
the half-street improvements as the street in front of the house
was already improved.
a Commissioner Moen questioned if the house was currently being
used for classes; applicant stated is was not.
• Discussion followed among Commissioners and applicant regarding
cost of construction, difficulty in obtaining loan for
improvements, difficulty in paying for improvements and changing
extension time to one year.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
• Discussion followed between staff and Commissioners regarding the
time that had already passed since approval of the Conditional
Use. Commissioners favored a one-year extension.
s Discussion followed between Commissioners, applicant and staff
regarding time extensions of 8, 10, and 12 months.
• Commissioner Bonn moved and Commissioner Moen seconded to approve
a 12-month time extension for the Conditional Use; all conditions
shall be met within 12 months. In addition, the public
improvement plans for S.W. 98th shall be approved, bonded and
contracted for construction prior to the expiration date.
o Discussion followed regarding the construction being completed
for the public improvements.
PAGE 2 - PLANNING COMMISSION MINUTES - OCTOBER 5, 1982
• Commissioner Bonn amended motion and Commissioner Moen seconded
amendment for construction to be completed within 60 days of the
expiration date.
The motion was approved by a unanimous vote of Commissioners
present.
5.2 SENSITIVE LANDS PERMIT M 1-82 The Meadows NPO #7
A remand by the Tigard City Council to the Planning Commission for a
new public hearing to allow NPO and public input on Sensitive Lands
Permit M 1-82. Property is located northeast of S.
W.
Way (Wash. Co. Tax Map 1S1 34AD lot 2600). Black Diamond
a. PUBLIC HEARING OPENED
• Associate Planner Newton made staff's
recommendation that
the Commi ssion's decision
for the August 3, 1982 approval with conditions from
meeting be upheld, with clarification of
condition Number 9.
• Commissioner Owens questioned if NPO #7 was active at the time of
the last Planning Commission Meeting.
Associate Planner Newton explained that NPO #7 had been meeting
and did have an acting Chairperson. The members were in the
process of being appointed and a representative was present at
the meeting; however, Chairman Tepedino did not call for the NPO
report, so they did not speak.
• APPLICANT'S PRESENTATION - Edward M. Writer, Bruce Kamhoot &
Assoc. , stated this was the first time he has had to reappear at
a hearing where he already had approval of a project. He felt
people were opposing their project because of the type of housing
they were proposing.
• NPO REPORT - Barbara Priest, Vice-Chairperson, presented two
letters from Washington County. The letter dated 1980 referenced
that P & H Machinery had infilled downstream from this project.
Washington County had taken them to court and they were ordered
to remove the infill. They did not and again did infilling in
1981. She had called Washington County; they stated this
property had been annexed into Tigard and was now Tigard's
problem. Because of this infilling NPO #7 felt enhanced flooding
would result. She was concerned that FEMA Flood Insurance could
be invalidated because of this. NPO #7 requested that no
decision should be made on Sensitive Lands Permit M 1-82 until
the infilling was removed. She also added that the NPO did not
approve of the higher density in this area. NPO #7 was concerned
with what the development would do to the flow rate and stated
that last year the North Dakota Bridge was impassable because of
flooding. Also, flooding last year was only 1 1/2 feet below the
100-year floodplain.
PAGE 3 - PLANNING COMMISSION MINUTES OCTOBER 5, 1982
PUBLIC TESTIMONY
• Marian Maddox, 10800 S.W. 108th Court, stated she was not opposed to
the type of housing being proposed. She presented pictures showing
flooding which had occurred in the area last year near her home.
Vice-President Speaker questioned if she knew what level her house
was built on; she did not know.
She stated also the water was ankle to knee deep on the bike path
which was behind her house. She added that Koll Business Center,
which was built upstream from the proposed development had to fill
quite a bit to be able to build.
• Britt Weatherhead, 11005 S.W. 196th, wanted to know what was planned
for the bridge on North Dakota, stating North Dakota had been
recently repaved but nothing had been done to the bridge. There were
not even any load limit signs. He did not object to the housing, but
was concerned with being flooded.
CROSS EXAMINATION AND REBUTTAL
• Mr. Writer stated Mrs. Maddox's home was up around the bend and her
property was at a lower elevation. He stated his engineer showed
there would be no increase in the flood elevation or flow.
• Mr. Weatherhead asked if someone could explain in layman's terms what
the applicant was asking for. Associate Planner Newton explained
that the applicant was requesting permission to cut in one area and
fill in another area of the floodplain. This cut and fill would
amount to 75 yards.
• Mr. Weatherhead was concerned that the Engineer had stated there was
a lack of data regarding run-off.
• Vice-President Speaker stated the Commission has to rely on the best
Engineering data presented. He agreed that development upstream was
being done that would effect downstream property, however, until new
Engineering evaluations are done the Planning Commission can only go
along with the Corp of Engineers and CH2M Hills study that the
development will not effect velocity of the water. He then read the
conclusion from Jim F. Nims' (a registered engineer) report.
• Commissioner Owens read President Tepedino's concerns from previous
minutes and questioned if they had been satisfied. Associate Planner
Newton replied that Frank Currie, Public Works Director was satisfied.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
• Commissioner Bonn stated information provided by applicant did
contain Engineering data that pertained to the runoff, flow and the
question regarding change that would be affected by this small amount
of cut and fill.
PAGE 4 - PLANNING COMMISSION MINUTES - OCTOBER 5, 1982
• Commissioner Edin asked Barbara Priest what the NPO's major objection
was. She stated they felt the density was too high for that area.
Also, the problem with infilling downstream could increase flooding
upstream.. Commissioner Edin stated that the issue here was if the
cut and fill would contribute to additional flooding.
Commissioner Moen stated the Commission took seriously the comments
and concerns of the NPO, however the cut and fill had been kept down
to a minimal amount. He requested that staff expediously check into
the infill problem downstream.
• Commissioner Owens felt we needed housing of this type. She had been
involved in the NPO and was not in favor of high density along North
Dakota. She continued that this may be the best place for this type
of development.
• Vice-President Speaker commented that there was a minimum
encroachment for a larger gain. Seventy-five yards of cut and fill
will gain building lots; he felt this was a plus.
• Commissioner Moen moved for approval of Sensitive Lands Permit M 1-82
including staff recommendation and conditions one through eight with
modification to condition Number 9. Condition Number 9 should read:
"The fill indicated as necessary for lots 13 and 14 on the present
plat map to be used in the corresponding raising of the street
surfaces at the turn-arounds." Commissioner. Christen seconded the
motion.
Motion was approved by a unanimous vote of Commissioners present.
6. OTHER BUSINESS
• Bill Monahan, Director of Planning & Development, informed the
Commission that they would be hearing a Major Land Partition
application for Bonita Firs and a Zone Change and Comprehensive Plan
Change for Tigard East (JB Bishop) at the October 19, 1982 meeting.
Also the Hearings Officer would be hearing a Sensitive Lands Permit
for steep slopes for Tigard East.
November 9th and 23rd the Commission will be hearing the
Comprehensive Plan elements and in December would hope to have the
plan adopted.
Discussion followed as to how these elements would be presented.
7. Meeting adjourned 9:45 P.M.
0$111
ATTEST: Diane Je derPlanning Secretary
Cliffo Speaker
Planning Commission Vice-President
PAGE 5 - PLANNING COMMISSION MINUTES - OCTOBER 5, 1982
PLANNING COMMISSION ROLL CALL
MEETING
Date •/(J / -
Frank Tepedino.„./LiOdp124t
Clifford Speaker Y
Don Moen V"'
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.'a 4e
v
..,.. . • • - :, ,,
Mark ,Christen 17
iiscjiewitiogan
Richard Helmer / /
Bonnie Owens
Roy Bonn
TIGARD PLANNING COMMISSION
OCTOBER 5, 1982 7 :30 P.M.
FOWLER JUNIOR HIGH LECTURE ROOM
10865 S.W. WALNUT, TIGARD, OREGON
PUBLIC HEARINGS:
5.1 CONDITIONAL USE CU 20-80 S.W. CHURCH OF CHRIST NPO # 6
A request by B.W. Church of Christ for a two year time
extension for starting half-street improvements as required
under CU 20-82. Located at 15805 S.W. 98th (Wash. Co.
Tax Map 2S1 11CD, lot 701) .
5.2 SENSITIVE LANDS PERMIT M 1-82 THE MEADOWS NPO # 7
A remand by the Tigard City Council to the Planning Commission
for a new public hearing to allow NPO and public input on
Sensitive Lands Permit M 1-82. Property is located
northeast of S.W. Black Diamond Way (Wash. Co. Tax Map
1S1 34AD lot 2600) .
DATE ��Y°1-.r ' S/ /9 0 Q
TIGARD 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. (please Pri6/1/1412*nt your name) ) t1
ITEM/bE SC RI PT ION: / C.` ij /U #b
g_epteilt, 52-ial C e 1 -' °� _
O
PROPONENT (For) OPPONENT (against)
Name, Address and Affiliation Name, Address and Affiliation
NOTICE : ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME
and note their address. on this
thissheet. (Please Print your name)
ITEM bESCRIPTION: J/ ( m .E ._. ,b# 7
Q .atie_ ,n /-8
4 4
PROPONENT (For) OPPONENT (against)
Name, Address and Affiliation Name, Address and Affiliation
' /4'' L' /3 . j „ .„r.... ._^ _,. w res .. •- w�! „
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September 22, 1982
TO: Planning Commission
FROM: Planning & Development Staff
RE: S.W. Church of Christ`` ,,
City Council at their September 13, 1982 referred this extension request back
to the Planning Commission for a new hearing on the conditional use. A
conditional use was granted on November 25, 1980 with the condition that half
street improvements be provided by the Church. The applicant agreed to this
condition by signing the acknowledgment of conditions.
STAFF RECOMMENDATION:
Staff recommends denial of the two year extension. However, Staff recommends
approval of a six month time extension for the approved conditional use. All
conditions shall be met within the six months.
In addition, the public improvement plans for S.W. 98th shall be approved,
bonded and contracted for construction within sixty days.
vs
MINUTES
TIGARD PLANNING COMMISSION
November 25, 1980
Page 8
APPLICANT'S PRESENTATION was made by Robert Cruz of o d
Evans & soc. , Inc. , Portland, who briefly stated agreeme• th the
staff rep. and requested approval by the commission.
There was ° BLIC TESTIMONY.
Howard clarified apparent'discre. y between half street
improvements called for b a dition 1_ • . d the assumption of a nonre-.
monstrance agreement in Con 2 . 'e outlined developments occuring
on Bonita and expressed convictj.. -ere would be an LID for this
improvement in the foreseeable . .tu
COMMISSION DISCUSS •' AND ACTIN; A . .ugh Funk expressed surprise
that the commission h. .reviously_approved s• =n duplexes for the site,
none had problems the request. Speaker incl. ed about the possi-
bility, in view • the tentative layouts of the bu , ngs, of ever
making them c. ..n wall single family dwellings. Cru. ..ated there was
no intentio• ey be other than duplexes, and agreed the •uilding siting
would no :nd them to this sort of partitioning or divis
•eaker MOVED approval of Conditional Use CU 19-80 based o taff
f' , . 'ngs and recommendations. The motion was seconded by Helmer .
•ssed unanimously.
5.8 CONDITIONAL USE, CU 20-80 (Southwest Church) NPO #6
A request by the Southwest Church of Christ for a Conditional
Use in an R-7 "Single Family Residential" zone to :,Ge an
existing house for Bible School Classes located at 15805
SW 98th (Wash. Co. Tax Map 221 11CD, Tax Lot 701).
Howard read the STAFF REPORT and RECOMMENDATIONS.
Allan Vance, 18311 Woodthrush Circle, Lake Oswego, made the
APPLICANT'S PRESENTATION on behalf of the Southwest Church of Christ.
He explained their intent is to use the existing dwelling as the loca-
tion for Bible classes for junior high and older students, with adult
supervision of the younger classes. He reported an immediate need for
the classroom spaces, and requested approval of the conditional use.
PUBLIC TESTIMONY MONY in favor was given by Mrs. Irene McCoy, who
reported she had lived on the property quite a number of years, and found
the church much less objectionable from the noise standpoint than the
residences on Kimberly Drive behind her property.
PUBLIC TESTIMONY in opposition was given by Michael L. Craig,
9870 SW Kimberly Drive, adjoining the rear of the subject property.
He stated the property was zoned single family, and wondered why, when
the church has plenty of unused property, it should come into a single
family area of good homes.
I
MINUTES
TIGARD PLANNING COMMISSION
November 25, 1980
Page 9
CROSS-EXAMINATION AND REBUTTAL: Mr. Craig asked if the church
would use this all day on Sunday. Mr. Vance stated it would be used
from about 9 to 12, and from 6 to 9. Craig suggested they move the
building onto their own property -- "It would be cheaper". Mr. Vance
stated they have plans for other use.of their property, and need the
classroom space immediately. On a question from the commission, Howard
sketched the area on the blackboard.
COMMISSION DISCUSSION AND ACTION: Howard asked for modification
of Condition 1 calling for half street improvements to the existing
church property to include -- " . .. the existing church site and in front
of the property in question at.15805 SW 98th."
Commissioner Funk indicated reluctant agreement if a sight-obscuring
fence were installed at the back of the lot. Moen inquired what future
plan the church had for use of the residence--would it be converted
back to residential uses? Vance felt at some time in the future it
could be so used, by church personnel. Speaker expressed pleasure at
the provision for a sidewalk on 98th along the present church property,
which he said is badly needed.
Tepedino inquired about conversion of a private dwelling to public
use, especially with respect to fire safety, toilet facilities, etc.
Howard stated they would have to meet those requirements. Tepedino
then commented about temporary use, recalling some %W! II housing, and
admonished the church to observe judicious conduct for the sake of the
neighbors. Speaker inquired about the history of the development with
resa^r:t to duplex-single family approvals. It was clarified that in
spite of the sketch of the site supplied, only one lot and the residence
thereon is involved in this approval. The rest of the McCoy property
will be developed single family.
Moen MOVED approval of Conditional Use CU 20-80, based on staff
findings and recommendations as modified by the inclusion of the subject
site in the half street improvements. The motion was seconded by Helmer
and carried, with Tepedino voting no.
VARIANCE, V lt4-80 (Silco Construction) N••
A r:. .t by the Silco Construction Company for ante
in the s: requirements in an M-4 "Indu_ Park"
zone to perms suction of a buil. _ ocated at 9350
SW Tigard Street (Wa Tax ' 1 2AB, Tax Lot 1901) .
Howard read the STAF. ••T and R. . •, IONS, at the conclusion
of which he sketches property and its surrou.. he blackboard.
He explained ainage situation and what improvements .. be made
on an old, , e-code building.
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9725 S.W. Durham Road Tigard, Oregon 97223 503/620-0221
September 1, 1982
Tigard City Council
Planning Director
Mr. Bill Monahan
Tigard, Oregon 97223
•
Re: Southwest Church of Christ
House at 15805 S.W. 98th
Conditional use Cu-20-80
Gentlemen:
We request a two year time extension for starting the half street •
improvements on the church building side of 98th for the church located
at 9725 S.W. Durham Road. These improvements are a part of the con-
ditional use permit to occupy the house at 15805 S.W. 98th Avenue.
We are requesting this extension because of the downturn in the economy.
At the present time approximately 10% of our congregation is unemployed.
As a result, our income is down so that it would impose a severe financial
hardship on the church to complete the work at this time.
This letter is to ask that you consider this matter and issue us an oc-
cupancy permit when the improvements on permit 3952 are completed.
We thank you for considering this matter and trust it will be satisfactory
to you.
Very truly yours ,
ALLAN VANCE
AV•fh
A kR3xa!e 1✓ r
fr
•
tax,,
•
airy OF TIGARD
WASHINGTON COUNTY,OREGON
December 3, 1980
Mr. Allan Vance
18311 Woodthrush Circle
Lake Oswego, Oregon 97034
REFERENCE: CONDITIONAL USE, CU 20-80 (SW Church of Christ) NPO #6
LOCATION: 15805 SW 98th (Wash. Co. Tax Map 2S1 11CD,
Tax Map 701
Dear Mr. Vance:
Please be advised that the Tigard Planning Commission at their regular
meeting of November 25, 1980 approved your request for a Conditional Use
Permit to use an existing house for bible school classes at the above referenced
project.
This approval is subject to the following conditions;
1. Full half street improvements shall be made to SW 98th in front of the
existing church site and in front of the property in question at 15805
SW 98th.
2. A crosswalk shall be painted on SW 98th at the south intersection of
SW Kimberly Drive. The exact location. and dimensions to be approved
by the Public Works Director of the City of Tigard.
3. A nonremonstrance agreement for the. future improvement of SW Durham Road
shall be signed. -a� �,'r� rrt,},_ _ 7� 'fl'?
o �,c
4. No Occupancy Permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
5. No changes will be made to approved plans of specifications unless formal
application is made to the appropriate City department, and changes
are approved by that department. Application for changes will be made
in writing and shall include applicable drawings.
6. Grading and construction plans for all work in public rights-of-way and
all other public improvements shall be prepared by a registered professional
engineer in accordance with City standards, and shall be submitted to
the Public Works Department for review.
12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171
t"
CONDITIONAL USE, CU 20-80 Page 2
All public improvements will require a Compliance Agreement and must
be (design) approved by the Public Works Department, and must be either
(1) fully satisfactorily constructed prior to the recording or issuance
of Occupancy Permits; or (2) bonded to the City for 100% of the estimated
cost thereof prior to the plat or issuance of Occupancy Permits.
7. All existing and proposed utilities shall be placed underground.
8. All streets and parking areas shall be concrete or asphalt. All sidewalks
shall be concrete.
The Conditional Use Permit shall expire in one year from the date of
approval if the use has not begun and continual progress toward its full
operation is not in evidence.
If we can be of any further assistance, please do not hesitate to contact
this office at 639- 4171.
Sincerel ,
award
Planning Director
AHvmc
NOTE: This acknowledgement must be signed and returned to the City of
Tigard, Planning Department. Failure to return this acknowledgement will
result in no further action on this project with regards to issuance of
Building Permits or engineering approval.
Signature - Applicant Date
Signature - r Date
•
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PLANNING STAFF4
DATE : September 23 , 1982
RE: The Meadows Sensitive Lands Permit M 1-82
On August 3, 1982 , the Planning Commission approved the Meadows
Sensitive Lands Permit M 1-82 including staff conditions with
modifications as follows:
1. A plan showing configuration of units on lots shall be
submitted and approved by the Planning Commission with
an application for subdivision approval.
2. The applicant shall propose an engineering plan to the
Engineering Division to fill to 162 feet. The plan shall
be approved prior to the issuance of any permits.
3 . A soils investigation by an approved soils engineer of the
area to be filled shall be made before and after the filling
and excavation occurs.
4 . The material used for stream bank protection shall be
required as shown in the City of Tigard Drainage Plan.
5. All lands remaining in the 100 year floodplain shall be
dedicated to the public prior to the issuance of any
permits. The dedication document shall be recorded with
Washington County after it is approved by the City.
6 . Positive footing drainage will be required to the 100 year
floodplain level.
7. Floor elevations shall be two feet above the floodplain
elevation. A greenway/bikeway path plan shall be submitted
and approved; and included in the bond for public improvements .
8. Lot 13 and 14 on the plat map shall be removed and the fill
that was to be used shall be eliminated.
9. "The fill necessary for lots 17, 16 and 15 to be used and
include the corresponding raising of the street surfaces . "
Since that time, an appeal was filed by members of NPO # 7 alleging
that the NPO was not afforded an opportunity to provide input to the
Planning Commission proceedings. The appeal was heard before the
City Council, which at its meeting of September 13, 1982, remanded
this application back to the Planning Commission, by resolution, to
allow the NPO and other interested parties to provide input at a new
public hearing on this issue.
■
Memo
PAGE 2
M 1-82 The Meadows
STAFF RECOMMENDATION:
Staff has reviewed the application and the conditions place upon
the earlier approval by the Planning Commission and recommends
that the August 3, 1982 Planning Commission decision for approval
with conditions be upheld, with clarification of condition, # 9 .
l
i tS j ) i\1 ,)jig 1 v //iavivi�l�u�ll�������i it September 14 , 1982 +� 158 l....' CITY'TIGARD
WASHINGTON COUNTY,OREGON
CITY OF TIGARD
PLANNING DEPT.
Mr. Ed M. Writer
Bruce Kamhoot & Assoc.
20 Greenridge Court
Lake Oswego, Oregon 97034
RE: The Meadows Sensitive Lands Permit M 1-82
Dear Ed,
At the request of Tigard's City Attorney, Ed Sullivan, I have
been asked to obtain an agreement from you concerning the City
Council's action remanding the above named project to the
Planning Commission. The purpose of the remand is to allow
representatives of NPO # 7 to have an opportunity to give input
at the Planning Commission meeting on October 5, 1982 to complete
the record. Without taking this action the City could leave
itself open to a collateral attack from the NPO based on the
City's failure to allow testimony by the NPO. Such an attack
could negate the decision of the Commission.
Therefore, I would appreciate your signing the following statement
and returning it to may attention in order that I may maintain
a complete file.
Sincerely,
,.---; /.:::,.'//
,e4,e.ee/,:e4 ',/,. 1.1A-04L..
William A. Monahan
Director of Planning and Development
Statement - I have been advised by the City of Tigard Director
of Planning and Development that Sensitive Lands Permit M 1-82
will be remanded to the Planning Commission to allow input from
NPO # 7 which has appealed the August 3, 1982 approval of this
project. I agree that this action is in the best interest of
all parties and approve this action.
11410 -
Signature Applicant
12755 S.W.ASH P50.BOX 23397 TIGARD,OREGON 97223 PH:639-4171
)
ap-e ,
CITY OF TIGARD, OREGON
RESOLUTION NO. 82- /Q( '
FINAL ORDER
IN THE MATTER OF THE REMAND OF APPLICATION M-1-82 TO THE TIGARD
PLANNING COMMISSION.
WHEREAS, NPO 7 has duly appealed the above application from a
Tigard Planning Commission Final Order to the Tigard City Council;
and
WHEREAS, NPO 7 has alleged that TMC § 18 . 84. 070 (b) (1) (A) (4)
requiring mailed notice to active neighborhood planning organizations
was not done in this case; and
WHEREAS, a representative of the applicant has agreed to a
remand;
Now, THEREFORE, IT IS ORDERED that Application M-1-82 be, and
the same hereby is, remanded to the Tigard Planning Commission for
rehearing due to uncertainties in the record as to compliance with
TMC § 18 .84.070 (b) (1) (A) (4) .
IT IS FURTHER ORDERED that Notice of the Final Decision be
given to the applicants and appellants in accordance with TMC
18 . 84 . 130.
DATED this 13th day of September, 1982.
Mayor - City of Tigard
ATTEST:
Recorder - City of Tigard
RESOLUTION NO. 82-
—11
• Commissioner Owens moved and Commissioner Speaker seconded to
approve the request by the City of Tigard to change the zone
designation on the Greenway Town Center property from C 4PD to
C 3PD per findings in the staff report.
The motion was approved by a unanimous vote of Commissioners
present.
5.4 SENSITIVE LANDS PERMIT M 1-82 The Meadows NPO #7
A remand by the Tigard City Council to the Planning Commission
for further consideration of the Sensitive Lands Permit with a
revised subdivision layout. The property is located northeast
of S.W. Black Diamond Way. (WCTM 1S1 34D lot 2600).
a. PUBLIC HEARING OPENED
• Associate Planner Newton listed the Hearings that this
application has gone through. They are before the Commission
again with a revised site plan and are asking for approval to
cut and fill within the floodplain. The Public Works Director
has addressed issues regarding the cut and fill. The intent
of the greenway will not be violated and the bike path issue
has been addressed. Staff has a list of conditions they would
like to recommend should the application be approved. Staff,
contends that the applicant has supplied enough technical data
for staff to review and recommends that the Planning
Commission approve the Sensitive Lands Permit allowing the cut
and fill as proposed in the floodplain.
• Chairman Tepedino requested that the pertinent comments from
the previous Planning Commission Meeting, where the
application was denied, be read into the records; Commissioner
Speaker reviewed contents of the transcript from the April
6th, Planning Commission Meeting. Associate Planner. Newton
read City Council minutes from the May 24th, meeting into the
records.
• Applicant's Presentation - William Clark, Oregon Realty,
Agent, speaking on behalf of Mr. Bruce Kamhoot, Developer of
the project. He concurred with the staff report and stated
that the project would provide affordable housing for the
Tigard area.
• Greg Weston, the Engineer who did the floodplain calculations,
stated that they had substantially decreased the amount of
impact on the floodplain with 250 yards of fill and about 500
yards of cut. This would balance the volume allowed for
overflow in a flooding situation. This is based on the 1981
CH2M Hill report.
• Ed Writer, a Consultant with Bruce Kamhoot & Associates,
explained how they have changed all of their plats so that the
plats adhere to the contour of the land. They will not be
changing the direction of flow of the water or place homes on
the fill area.
PAGE 4 PLANNING COMMISSION MINUTES August 3, 1982
8:30 P.M. Commissioner Christen Arrived:
• Commission Speaker questioned if lot number 14 was placed on
the fill area; Mr. Writer, stated, if necessary they would
elimiante lot 14.
b. PUBLIC TESTIMONY
PROPONENTS
• No one appeared to speak.
OPPONENTS
• Rod Steel, 11025 S.W. 106th, questioned if there would be
extra run off into Fanno Creek or would it go into the sewer
system.
• Barbara Priest, 10710 S.W. Ponderosa Place, stated that the
maps before the Planning Commission do not show the accurate
location of the stream, the flow of the stream has changed
since the CH2M Hill report. She had measured the stream and
it was 25' from the back end of the furthest lot sitting
towards the creek. Currently the bike path is five feet away
from the creek, it was further away until undercutting
occurred. She requested that the staff check to see if the
property owner directly across Fanno Creek had been notified.
She also contacted the Audubon Society, which sent a
representative to walk through the area. He was concerned as
to how close the development was to the creek and to the
wildlife he discovered. She also noted that Washington County
has been making changes in the floodplain area which will
increase the run off 50 to 75 percent. Regarding the CH2M
Hill study, flooding in the Tigard area is poorly documented.
She had contacted CH2M Hill and they informed her that the 100
year flood level which they established was only an estimate.
If we continued to develop without making stream improvements,
to keep the stream at a zero increase level, we would only
raise the flood level. CH2M Hill equated this to sitting on a
time bomb. Finally, Koll Development, which is upstream has
contracted engineering services to help with their severe
drainage problem.
of Marian Maddox, 10800 S.W. 108th, did not feel that the fill
would help the flooding problem. The bike path is close to
being flooded each year and the water comes up to within a few
feet behind her house. She stated that the elevation on her
lot is about the highst there is otherwise she would be
flooded during the winter. She feels with the addition of the
development it will only make the flooding worse.
PAGE 5 PLANNING COMMISSION MINUTES August 3, 1982
I
c. CROSS EXAMINATION AND REBUTTAL
• Mr. Writer stated that run off from development would go into
the sewer system.
s Commissioner Owens questioned if it would be possible to
develop the area without doing any cutting or filling.
• Greg Weston, reviewed how they would be doing the cutting and
filling. He stated that the flooding that the neighboring
property was concerned with is at an elevation of 158 feet,
two feet below what the development would be built. Homes
would not be placed on fill, foundation would be set on
natural ground. Regarding the run off, it would be placed in
storm sewers, which would end up in the Fanno Creek Basin.
• Further discussion followed regarding the amount of difference
from this proposal to the present proposal, the layout of the
lots 13, 14 and 16 and the amount of fill to be used.
PUBLIC HEARING CLOSED:
d. COMMISSION DISCUSSION AND ACTION
• Commissioner Owens was not against the development except for
the encroachment into the floodplains. She felt at least lot
14 should be eliminated but would prefer to see some other
arrangement of the plots, so that no lots are in the present
floodplain.
• Commissioner Speaker reqested that the proposed conditions be
read; Assc.zi.ate Planner Newton read the following:
1. A plan showing configuration of units on lots shall be
submitted and approved by the Planning Commission with an
application for subdivision approval.
2. applicant licant shall propose an engineering plan to the
engineer division to fill to 162 feet. The plan shall
propose appropriate excavation to offset the fill and shall
be approved prior to the issuance of any permits.
3. A soils investigation by an approved soils engineer of the
area to be filled shall be made before and after the
filling and excavation occurs.
4. The material used for stream bank protection shall be
required as shown in the City of Tigard Drainage Plan.
5. All lands remaining in the 100-year floodplain shall be
dedicated to the public prior to the issuance of any
permits. The dedication document shall be recorded with
Washington County after it is approved by the City.
PAGE 6 PLANNING COMMISSION MINUTES August 3, 1982
• Commissioner Moen wanted to know if it was possbile to move
for approval of the Sensitive Land Permit subject to the
elimination of lots 13 and 14 and appropriate reduction of the
modification of the floodplain.
• Discussion followed regarding the effects of approval and
denial the City Attorney was not comfortable with a motion
for denial as it is not supported by adequate findings.
• Commissioner Speaker withdrew his motion; Commissioner Owens
then withdrew her second.
• Chairman Tepedino stepped down as chairman to move for denial
of the Sensitive Lands Permit M 1-82 based on the findings and
evidence presented and on the finding of this Commission and
himself, that first, the applicant does not address the issues
outlined in Tigard Municipal Code 18.57.07 specifically the
information concerning flood surface elevation, adverse
effects on flow rates, adverse effects flow direction on
upstream and downstream properties or the possibility of the
creation of present and foreseeable hazards to the public
health safety and general welfare. Not withstanding the
engineering which has been presented, the issues are not
addressed. ` In addition there is substantial invasion of the
floodplain.
• The motion failed due to the lack of a second.
• Commissioner Moen moved and Commissioner Bonn seconded for
approval of the Sensitive Lands Permit M 1-82 including staff
conditions, modifying condition number seven from 1 1/2 feet
to two feet above floodplain. That lots 13 and 14 on the plat
map be removed and the fill that was to be used be e:_ininated,
p staff. The fill necessary for
working in conjuction with the staff The y
b J
lots 17, 16 and 15 to be used and include the corresponding
raising of the street surfaces.
• Discussion followed regarding approving or denying this
application, the amount of fill being used in lot 16 and what
items will be covered with general review and subdivision
application.
• Commissioner Moen modified his motion that the Commission will
see the layout of the plan at the General Plan Review,
seconded by Commissioner Bonn.
• Motion approved five to two, Chairman Tepedino and
Commissioner Owens voting no.
PAGE 8 PLANNING COMMISSION MINUTES August 3, 1982
6. Positive footing drainage will be required to the 100-year
floodplain level.
7. Floor elevations shall be at least 1 1/2 feet above the
floodplain elevation. A greenway bikeway path plan shall
be submitted and approved; and included in the bond for
public improvements.
• The Public Works Director noted that if the applicant is
building only on natural ground lots 13,14 and 16 will need
to be looked at closely at foundation drainage, as these
appear to be in the fill area.
• Commissioner Moen questioned what had become of the convenant
which the property owners had requested to become a part of
the development. Public Works Director Currie responded they
could be put on at the subdivision stage.
• Discussion followed regarding the Planning Commission's
authority involving changing layout of the project. Further
discussion regarding the position of lot 13, 14 and 16 in
relation to the floodplain.
• Commissioner Christen supported the staff recommendation.
• Commissioner Bonn felt that the issues of massive intrusion
into floodplain, except for one exception, and placement of
houses has been addressed by applicant. Also looking at the
cross sections for lots 17 and 16 the fills seem to be less
than a foot. Lot 14, especially the lower east end, has
several feet of fill. Lot 13, the extreme east end, has quite
a bit of fill. If these could be corrected, then that would
resolve his concerns.
• Chairman Tepedino felt there were several significant,
substantial problems with this application. There are several
items in the Tigard Municipal Code 18.57.070, which the
applicant had not addressed to his satisfaction. He strongly
suggested that the Commission deny this application for a
Sensitive Lands permit based on insufficient evidence of data
submitted, espcially regarding raising the elevation of the
floodplain, adversely affecting flow rates, adverse affect on
flow direction creating potential hazards. He is not against
the type of housing only invasion into the floodplain.
• Commissioner Helmer was in favor of this encroachment except
for lot 14.
• Commissioner Speaker moved for denial of this request on the
basis that lot 14 exceeds the City Council requirement of no
substantial fill in the floodplain.
Seconded by Commissioner Owens.
PAGE 7 PLANNING COMMISSION MINUTES August 3, 1982
• Commissioner Moen wanted to know if it was possbile to move
for approval of the Sensitive Land Permit subject to the
elimination of lots 13 and 14 and appropriate reduction of the
modification of the floodplain.
• Discussion followed regarding the effects of approval and
denial; the City Attorney was not comfortable with a motion
for denial as it is not supported by adequate findings.
• Commissioner Speaker withdrew his motion; Commissioner Owens
then withdrew her second.
• Chairman Tepedino stepped down as chairman to move for denial
of the Sensitive Lands Permit M 1-82 based on the findings and
evidence presented and on the finding of this Commission and
himself, that first, the applicant does not address the issues
outlined in, Tigard Municipal Code 18.57.07 specifically the
information concerning, flood surface elevation, adverse
effects on flow rates, adverse effects on flow direction on
upstream and downstream properties or the possibility of the
creation of present and foreseeable hazards to the public
health safety and general welfare. Not withstanding the
engineering which has been presented, the issues are not
addressed. In addition there is substantial invasion of the
floodplain.
• The motion failed due to the lack of a second.
• Commissioner Moen moved and Commissioner Bonn seconded for
approval of the Sensitive Lands Permit M 1-82 including staff
conditions, modifying condition number seven from 1 1/2 feet
to two feet above floodplain. That lots 13 and 14 on the plat
map be removed and the fill that was to be used be e'?minated,
working in conjuction with the staff. The fill necessary for
lots 17, 16 and 15 to be used and include the corresponding
raising of the street surfaces.
• Discussion followed regarding approving or denying this
application, the amount of fill being used in lot 16 and what
items will be covered with general review and subdivision
application.
• Commissioner Moen modified his motion that the Commission will
see the layout of the plan at the General Plan Review,
seconded by Commissioner Bonn.
• Motion approved five to two, Chairman Tepedino and
Commissioner Owens voting no.
PAGE 8 PLANNING COMMISSION MINUTES August 3, 1982