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Planning Commission Packet - 08/23/1983 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. Ti�ard Plannin� Commi:ssion � August 23, 1983 - 7:30 PtiM. Tigasd School District - Soard Room 13137 S.W. Pacific Highway Tig�rd, Oregon _ 1. CALL TO ORDER , 2. ROLL CALL I 3. Approve Planning Commission Minutes from July 2'6, and August 23, 1983. 4. Planning Commission Communication 5. PUBLIC HEARINGS � 5.1 COMPREHENSIVE PLAN AMENDMENT CPA 6-83 Dakata �reenway Condominums NP0 � 7 . 5.2 CQMPREHENSIVE PLAN AMENDMENT CPA 9-83 / ZONE CHANGE ZC 8-83:. / SUBDIVISION S 7-$3 Gallqw's Vinyard/Herb Mor.issett Buildess NP0 � 7 � 5,3 COM�REHENSTVE PLAN t�fENDMENT CPA 13-83 Carl Johnson NPO �� 4 _ _ _ _ . 5.4 ZONE CHANGE ZC 10-83 Boberg/Chapelle/Sorenson/Lasson/Sollars/ Zimmerman/Patecky NPQ #� 7 : 5.S GOMPR�HENSIVE PLAN AMENDMENT CPA $-83 and ZONE CHANGE ZC �1-83 ' Ri+chard Skurgis NPO # 1. _ S.6 GOM�RE��ISL�E PLAN AMENDMENT CPA 14-83 LCDC Goal � 5 5.7 PLANHED DEUELOP�fENT , ZCPD .29°7"�a & b �x�itt�n� .Squars NPO ,�. 7 , 5.8 COMPREHENSIVE P�N I�VETW UF PLANIdED DEVELOPMENT CPRPD 13-8� - Tt�e Mea�lows NP0 #' 7. 6. OTHER BUSINES 7. ADJOURNMENT . amj�0076P) ` ; [ _ _ _ PLANNING COMMISSION MEETING AUGUST 23, 1983 - 7:30 P.M. 5.1. COMPREHENSIVE PLAN AMENDMENT CPA 6-$3 Dakota Gre�nway Condominums NPO �� 7 A remand from Cit� Council to allow for NPO �� 7 input for a Comprehensive Plan Amendement from Medium Density to Medium High Density and a Zone Change from A-12 to A-20 (Multi-Family Residential) nn 6.38 acres of land Located at 10485 SW NorCh Dakota (Wash. Ca. Tax Map 1S1 34DA Tax lot 100). 5s2 COMPREHENSTVE PI.AN AMENBMENT CPA 9-83 - ZONE CHANGE ZC 8-83 - SUBDIVTSION � S 7-83 Gallo's Vinyard/Herb Morissette Builders NPO � 7 A remand from City Council to al�ow for NPO ��7 input for a Comprehensive Plan Amendment from Low Density to Medium Density Residential and Zone Change from ' R-7 �Single Family Residential) to R-S (Single Family Residential). Also approval of- a 22 lot Single Family Residential Subdivision for 5,000 sq. ft. lots on 3.38 acres located at SW Tigard Street and SW 113th Ave. (Wash. Co. Tax Map 1S1 34DC tax lot 2901). 5.3 GOMPREHENSIVE PLAN AMENDMENT CPA 13-83 Carl Johnson NPO �� 4 A request to amend policy 11.4.2, 11.4.2a and 11.4.2b regarding the NPO # 4 ares in the Finding, Policies and Implementation Strategies document. 5.4 ZONE C1iANGE ZC 10-83 Boberg/�Chapelle/Sorenson/Larson/Sollars/Zimmerman/. � Patecky NPO �� 7 A request for a zone change from R-20 to R-10, the property is designated Low Density located at 10570, 10660, 10600, 10630, 10750, 1Q770 and 10800 SW North Dakota (Wash. Co. Tax Map 1S1 34DA, Tax lots 2300, 2400, 2500, 2600, 2700, � 2800, 29Q0, 3000, 3100, and 3200) 5.5 GOMP�tEHENSIVE PLAN AMENDMENT CPA 8-83 and ZQ�IE CHANGE ZC 11--83 Ri ct►ard Sturgis NPO � 1 A request far a Comprehensive Plan Amendment from Medium Density to High Density and a Zone Change from A-12 to A-4Q Multi-Family residential located at 13335 SW Hall Bl.vd. (Wash. Co. Tax Map 2S1 2DA Tax Lot 702). 5.6 COMPREHENSIVE PLAN AMENDMENT CPA 14-83 LCDC Goal � 5 A request by the City of Tigard to update the Comprehensive Plan to comply with LCDC Statewide Planning Goal � 5 considering an analysis of Economic, Social Environmental and Energy (EESE) factors. Copiea of the EESE Report are available for review at the Tigard Public Library, 12568 SW Main Street, Tigard, Oregon. 5.7 PLANNED DEVELOFMENT ZC PD 29-79a & b �rittany Squaxe (Winter Lake) NP0 �� 7 A request by Century 21 Development Company for a modification a£ an approved plann�d development in order to allow five (5) foot yard se�backs on all lots. Property is located east of 135th Avenue between Scholls Ferry Road and Walnut S[reet (Wash. Co. Tax Map 1S1 33D, lot 300 and Tax Map 1S1 33DC, lots ' 100, 300, 400 and 500). 5.8 COMPREHENSIVE PLAN REVIE6� OF PLANNED DEVGLOPMENT CPRPD 13-81 The Meadows NPO # 7 A request by Rosebud Enterprises, Inc. for an extension of time for approval of a Preliminary and General Plan Review of a p,lanned development. The property is located northeast of SW Black Diamond Way (Wash. Co. TAx Map 1S1 34AD, lot 2600). r dmj(0076P) � ; , �� AGENDA ITEM 5,1 MEMORANDUM August 19, 7.9$3 T0: - FI+A. NNING CiDMA1ISS E0N FROM: PI,ANNING DEPARTMENT �"V"� ' REt Dakota �reenway Condomznums CPA (-83 and ZC 7-83 Please be advised that the Planning Depa:rt�nent h�s been contacked by the applicant who requested to withdraw his Comprehensive P1�n Amendm�nt and Zone Change application frbm the Planning Conurbission agenda. However, as of this writing, the City has not rec�ived written confirmation from Che applicant. Attached is a copy of ehe approveci staff report in case the apglz.cant wishes � to be heard aC the public heaxing on August 23, 1983. SP:dmj�0076P) I� , . � ; , STAFF REPO'RT t1GENDA ITEM 5.2 SuI.Y 19, 1983 - 7:30 P.M. TIGARD SCHUOL DISTRIC�' ADMINISTftATION BUILDING BOARD ROQM 13137 SW Pacific Hwya , Tigard, Oregon A. FINDINGS OF FACT CASE: CPA :6-83 Dakota Greenway Condominiums NPO �'7, ZC 7-$� REQUEST: For a Comprehensive Plan Amendment from Medium Density to Mediuuy . _ High Density a�d a zone change from A-12 to A-20 (Multi-Family � Resi�ential) on 6.38 acres of land. RECOMMENDATION: Based on staff's review of the information submitted by the applicant, site inspection and analysis of th� Interim Zoning Map and applicable plan policies, staff recommends that the Planning Commissian recommend approvel of the Comprehensive Plan Amendmenr to the City Council and approve the zone change request. APPLICANT: A1Fha Properties OWYdER: same 1789U SW Boones Ferry Rd. �ke Oswega, Oregon 97034 LOCATION: 10485 SW North Dakota (Wash. Co. Tax Map 151 34DA Tax Lot No. l0U) LUT Al2:EAs 6.�38 acres COMPREHENSYVE E'I.AN DESIGNATION: Medium Density ZUNE DESIGNATION: A-12 NPO C(kf�IENT: I� wxitten cor�ent had been received at the writing of this report� I PUBLIC COt�4ENT: Notices were mailed to 12 surrounding propesty owners. - 1No written cs�mments had baen received at ehe writing of this report. BAGKGROUND/PREVIOUS ACTTON: On February 26, 1979, the City Cnuncil adopted the NPO #7 Plan by Ordinance 79-11 which designated the property Urban I.ow Uensity. On May 9, 1983, the Tigard City . Council adopted the Comprehensive Plan Map by ' Ordinance 83-24 which dasignates the property Medium Density. VICINITY INFOEtMATYON: 1t�e praperty to the south is de�eloped as large Iat single family residential. Zhe property to the west is duplexes. 1fie land to the n�rth is vacant. Fanno Creek forms the northeast and east boundaries of the proPerky. , � . < (% SLaff itep�rt CPA 6-�3 ZC 7-83 Page 2 SITE INFO1tMATION; The property is vacan# and slopes toward Fanno Creek, ltaere are� trees along the creek. The remainder of the site is field grass. ' B. APPLICABLE GOMPREHENSIVE PLAN POLICIES 2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN INVOLVEMEN� PROGRAM AND SHALL ASSURE THAT GITIZENS WI�.L BE PROVIDED AN �PPORTUNITY TO BE ' INVALVED IN ALL PHASES OF THE PLANNING PROCESS. All property. owner� within 25U feet af the property wexe notified of this application. In addition, a notice was published in the Tigard Times on July 7, 1983. NPO �7 was also notified of this application. 2.1.3 THE CITY SHALL ENSURE TEiNT INFORMATION ON LAND USE FLANNING ISSUES IS AVAILAB�.E IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITIZENS. All interested persons are given at least 10 days tn offer written comme�.ts on a11 planning applications. Interested parties are also afforded ar. opportunity to speak at the public hearing on thi� matter. The planning staff is �vail.able to answ�r any questions on planning � a�plications. 12.1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITIES �IN AGCORDANCE WYTH: a. aliE A:PPLICABI.E PI.AN POi.ICIES. b. THE AP�'LI�A•BLE LOCATIONAL CRiTERIA. c. TE�E APPLICABLE COMMUNITY DEVEtAPMENT CODE PROVISION5. The �pplicant's proposal has been revi.ewed by staff for conformance to all ComprehensAVe Plan polic�,es and Municipal Code provisions. Tt�e specific polic�es tha� pertain to the land use designation are found in the Locational Griteria, and are as foliows: Medium-High and High Density� Residenti�l A. The following factors wi11 be the determinan�s of the areas designated for high density an the plan �ap: (1) Areas which are not comimitted to low deneity developffient. • (2) Areaa which can be buffered from low density residential are�s in order to maximize the privacy of established low deneity residential areas. �3) Areas which have direct sc.cess from a major coll�ctor or arterial street. , (. �: Staff Report CPA. 6-83 ZC 7-83 Page 3 �4) Areas which are noC subject to development limitations. I; (5) Areas where the existing facilities have the capacity for additional development. (6) l+reas within one quarter mile of publ�c transit. (7) Areas within one querter mile �rom neighborhood and general ' comm�ercial shopping centers or busines� and office centers. (8) Areas adjacent to either private or p�blic permanent open space. The Medium High Den�ity development can be buffered from the Low Density development zn the ares. The property to the west is duPlexes, to the north vacant and designated Medium Density. The creek to the east serves as a buffer fsom the industrial px�operty further east. The property to the south is underdeveloped single €amily residential and is designated Medium Density on the Comprehensive Plan. The criteria far Medium and Medium High Uensity residential areas genexally speak to the capacity of public facilities and servicea to serve the area giv�n ta irs more intensive use. Sanitary� sewer service i:g available from the Fanno Creek inte�ceptor �rhich runs through tlne praperty. Water service is available � from the Tigard Water Dist�cict line in SW North Aakota. The �alatin Rural Fire Protection Di�trict Fire Marehall ha� reviewed the application for �fire pxotection purposes and does not oppos� incr+eased density for this gite. ltde pr�perty is served by SW Narth Dakota Street which will a��ed �a be improved ta Ca.ty gtand�rds prior to d�ve�lopmenk. Police ; �aervice, parks� library and gen�ral administrative services are available to the asea. TiRard Municipal Code Comprehensive Plsn Amendment - All of the requirements of the Tigard Municipal �Code have been considered in review of this applicatioa. C. QONCLUSIONS �'he praposed Comprehensivre Plan Amendmant meets applicable pla�ning polieie�. D. RECOr4IENDATION _ Staff secommends approval of the request for a Com�rehensive Plan Amendment to Medium High Density, basecl on the following: Tt1e propos�l conforms to existing plan policiea and zoning code , requirements. I ... . .. . . . . . .. . . . � �.. � � � � � . . 1 �i. . '1 . . \ � . . . � . . � �,. . . . . . . � . . . . . . . . . . . . � . , . .. . . � . . .. . . . . . � . . .. . . . . . . . . . .. . . . . . . . . . Staff Report CPA 6-83 ZC 7-�83 Page 4 RECOt�lENDED MUTTCIN: Should the Plsncxing Commission vote to app;rove this application as presenCed by staff, the following motion may be made: Move to forward recommend•ation of approval o� CPA 6-83 from Medium Density Ito Medium High Density plan des�ignation te► i,ity Council, and approval of ZC 7-83 fro� A-12 to A-2Q zoning designation for Che subject property. ' ' PREPARED BYt .t1PPROVED BY• � Eliz h A. Newton�� /�y�� ' iam A. Monahan Associate >Planner D�i�ectar of Planning and llevelopnaent NOTE; Should the Planning Commissian take action other than th,at recoaimended by sCa€f, fiadings sh�Il be adopted with the mntion for decision. {EAN:pmjA1��P) I � ■ _ -- , — --.— -_ . ( , � }''i \' I1f. PUHLIC HEARING CIASED o President Tepedino requested sta€f to revi.ew public tes�imony and on Zt►ursday� waLk the Commissioners through the code. o Commissioner Owens moved and Commissioner Moen seconded to set over the public hearings to Thursday, July 21, 1983 in the same location. Motion carried unanimously by Commissioners present. � 5.2 COMPREFi�NSIVE PLAN AMENDMENI"� CPA"w��i�8� ,and ,,Z4NE��,CHtlNGE��.]'°-�� DKkota Gr�eenway�;��Cond�ominiums NPO�� A request for a Comprehensive Plan Amendment f:rom Medium Density to.• Medium High Density and a zone change from A-12 Go A-20 (Multi-Family Residential) on 6.38 acres of land. T.ocated: 10485 SW Narth Dakota (Wash. Co. Tax Map 1S1 34D tax lot 100). o Associate Pl�nner Newton made stsff's reczrmmendation for approval with conditions. o Joe 'Van Lom, Architect, presen[ed the applicant's pre�entation for approvalo The proposed development would provide 10.03 units per acre with medium high density, otherwise they would only be able to have 6 units per acre if it remains medium density. They,would have 78X open space and 13X for parking. PUBLIC TESTIMONY o Mrs. Betty Cool�son, 10520 SW North Dakota, opposed the zone chang�. The psoposed development is across the street from her properky and she felt the dev�lapment was to close to the floodplain. She had � �ttended the PiPO � 7 meeting and they had recommended thak two building be semove�l, providing 4$ unit versus 64 units. a ��is�sioner BuCler asked why there was no school impact report; �ta£f explained, at issue is only a Comprehensiv� Plan Chan�e and Zane Change:� which does not require a school impact. One woul�i have tq be submitted wh�en �he applicant proposed develapment. o Aiscussion followed re�arding density transfer from the floadplain. PUBLIC HEARIIVG CLOSED I' COMMISSIOEI DISCU3SION AND AGTION o Commissioner Leverett suppo�ted sCa:Ef's xecommendation. o Co�issioners Edin and Moen were not pursuaded this would be appropriate. o Commissioner Uwens was concern about the streets �nd the fsct that the area was comprised of larger lots. Also, when she was on NPO # 7 they had opposed medium high density in this ar�a. �� PLANNING COMMISSION MINUTES July 1,9, 1983 Page 4 ■ _ _ �� ` o Comm►assinner Moen moved and Cormnissioner Edin secc�nded to deny CPA b-83 and ZC '7-83 based on concerms that factors A 2, A 5 and A 7 of the determinan.ts for de�ignating- property mediu�m high density had not be adequately adairessed. Motian failed ti�ree to foux with Gommissioners Tepedino, Christen, Leverett and Butler voting no. � o Commissioner Butler moved and Commiesioner Leverett secanded to ' forward a recomm�ndation of approval to City Council of Che Comprehensive Plan Amendment CPA 6-83 from Medium DPnsity to Medium High Density and ap�rove Zone Change ZC 7-83 frum A°12 to A-20 based on ataff°s findings and recommendations. , Motion carried four to three, Commissioners Owens, Edi:n and Moen �ro t ing no. . .. � _ ..:,;,.. .,,... .. . .: .,.::.a,. ,ra� a ::�,+,�'�..�f � �,,��: •r , ..:.c::{ � k . . . ..-. . ... .. ., . .. . : ;• , , _..,. . _....... ,.. - . _. . . . .;� .. •,.; ' • " � ;; ` t . -. . • , • _' . .�r/ ::;. • . �. � . ; � .;- .: . . , ' � , . , ' � . :y, . 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'1� :ti �;: "'�-ij:�."'�,,,--� �1 � ' Af��it@Ct��G�i 'LflR1 A.Lk 34 N.W, First St. Suite 309 I'ortland;OR 97209 503/226-0590 , �ti�4 �� s �:�� ,AI�G � �:; 1�83 �' 6„ �.o ; Cl"tY U�=��UEPT. �'�AN�llh AuguSt 19,; 1983 l City of Tigard -- Planning Department 12755 S.oW: Ash P.O."Box 23397 Tigard, Oregon 97223 °Dear Planning Departmerat: Please be adva.sed ttxat the project °1Dakota Greenway Condominiums is requested to be withdrawn from Planning Commission Agenda. for the 23rd of August. The owne�s, A,1pha Properties, are in .the process of Chapter ll, reo.rginization bankruptcy and cannot p�edict the disposi.tion of their properties at this time. ;' I am disappoin�ed �k:hat this compreh.ension design plan aYaange is n�t going; ahead, for' 2 b�lieve 'that the project scheduled for this site was an excep- tional c�ne and would have been a real asset to the City of Tigar.d anr� the` community. Y.�,irs' ver� tr_uly, _ ` ARCIir CTS` UAN TAM, A.I.A.: � '�y,,�� a /�'` _ I Jas h . Van Lom, A.I.A. Arcl�'te t JMVL amb / � , , Ur1'.i_,��_.��,� --- TIGARL� PL1�INNING CnNIMISSION SIGN UP SFIEET IdOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEri r1US'P SIGI3 TI3E:IY NAY�IF and note their address �n this sheet. {please Print your name) TTEM/bESCRIPTIOr1:_,� (�A" ��; I -J�'=-,f--- PROPOt1ENT (For) OP�ODTE�TT (agains�� Name, Address anc� r'�ffiliation � Name, Address ar_d Af:Eiliatian . . � . �y NOTTCE: ALL RERSONS DESIRIIvG TO SPEAK ON ANX ITEb1 MUST SIGN `THETF; IvAtiE and note th�i� address on this sheet. (please Print your name) TTEbi/bESCRIPTION; r�� a.J -� -- / . � r � ------ �. ��i PROPQNENT (For) OPPOVF'rIT (aqai�sta � Name, Address and Affiliat:ion • Name, dress and Affiliatic�n . � ,,,+' � } , -a'�'''�,°' l G�-�.-„,.� �'��` � ��,�..�.,��"Y`Y��'t�.t:�--� �°t..�'� °"' c.. � F� �� _.._.� � "� ,,,�, ,/-7�2' c..,��'N`�"�'�� , � � . G°G � ,: � . �� `,/q � � . � , � � � � � � �.161�1'L', �_�-��'��-_.._�_. . TIGARD PLANNING COMMISSION SIGN U'P SEIE�T hOTICc�- ALI, PER50NS DESZRIN� TO SPEAK ON ANY ITEHl r1US'� SIGi3 �`.€iEIF� N'raldE and note theiz address on this sheet. (;please P'riT�it your name) TTEM/bESCRTP'rION: y��^_�� a�/� . �'�L t��.�� 'D .�- �''� PROPONENT (For) OPPONEyT (against? Name, Addr ss and �,ffiliation Name, Address ar.d A��iliatian , D�� P..vrt.��'i� ' V I30TICE: ALL PERSONS DE32RIt�TG TO SPEAIC (�N ANY ITEhl biUST SIGN THEIF! riAMF and note tr��ir address on this shze-t. (please Px'int your name) ITEi�i JbESCk2IPTTGIJ: V, � .�C_. ��° T7� � Il�a � � ��, ` �120PONENT (For) OPP��IENT (ac�ainst) � Name, Addr ss and Affi3iation � Nane, Address and A�filiation . � f .. . . . . . . . .. .- . . . � r� �, ' � ,�,��....� ��u� ��+ � lfi . . � . . . . . . � : � � U!•.L�:� ._. ��.,'�� .. . � . NOTICE: ALL PERSONS DE5I�2I1NG TO SPEAK ON ANY ITEM MUST SIGN THETK N�1h1�: and note their addres:s on this sheet. (Please Print your name) ITEM ESCRIP.TION: �� `�"7l 3__.��I��„� . �,�33��' �u� `�� -� PROPONENT (For) �PPONENT (against) Name, Address and Affiliation Nante, Address and Af�iZia:tion G � .�j,��;� ►..��nJ � I� �C" ll�� "�, �� 5� L��!� l��'� , , :; � . � _ .; � , , � �_ ' � .. . . . . . . . . .. � UtS�1��Y1,___�.�f�___..�.-.---•---- . �. "rIGARU PLANI�IING CU_MMISSI�N SIGN UP SEIEET NOTICEs ALL PERSQNS vESIRING TO SPEAK ON AI3Y I�EHI bIUST SIGN ".CHEIP, NANIF. � and note �heir addr.ess on this sheet. (p��ase Print your na'me) YTENI/bEBCRIPTION: ,�.✓,•�j� `..../--`'Y • �" , L I - - ; , PROPOtdENT (FAr) OPPONE�T (againstj Narne, Address and Affilia�ion � Name, Address and A�filiation _ � , ----- - NOTICE: ALL FERSONS DESIRIIdG TO SPEAK ON ANY ITEb1 biUST SIGN TEIEIR I3AbfE �nd note th�i.� address �n this sheet. (p�ease Print your namea ITEI�i/bESCRIPTIOId: �. � � �� r �i�� PROPOTIENT (For) OPP�VENT (ac�ainst) Name, Address and Affiliation � Narne, Address and �ffiliation , a �G/,�.P� ��i""� / �s�t:t:,�'r��l�' , n. C'2( �____ �. , . . ,r �...,.._....�.:�,_�___ U e-�'t'�:�_ � --��JG1� •-- TIGARD PLAPZNTNG C�Nl�`!1TSSION` SIGN UP SEIEET iQOTICc.: ALL FaERSOI�IS DESIRING TO SPEAK ON ANY ITEri riUST SIGtV TEi�IF� 2�TAtIF and note their addres:s on this sheet. (pZeas� Print your name) TTEM/bESCRIPTTON: • � " �_., � �P0 � z PROPO't1ENT (F�r) OPP0�7E�TT (against) Name, Address and �ffiliation � Name, Address an_d Af�iliat�ion NlJTICE: ALL PERS{JNS DESIRIZJG TO Sk�EAIC ON ANY ITEbI biUST SIGN T'FiEIF'. NAME and note tr.ei= address on �his sheet. (please P.r'int your name} TTEk1�ESCRIPTIOIJ: r PI20PQNENT (For) OPPbNENT (ac�ainst� Name, Address and Affiiiation � 1Vaz�e, Address azid Affi.liation I �� f ��M.,� � � �, � .�� ,� � . � , �.�.� -F �:�� , �,.., ... �..-� � �° �� . � � , . ��, _.., . . . � �. .. .. . .. �,.., � . ,�. . � , u . . , , r/ .. ., ...... c , r . . ..�.... „ . .:....�..... � ,.�:� �� :��.� �� . � �� : n . � � �� .. �..._ �v� .. �� . . . . ....� . ,.. . . . .�.� �.. � �p,t . �.. r�i.�-�'��'�. .,. , . ..: ., �� ,� � _ � ._,.. , ,.: ,� ,. ,,... �. ;�� '�'. , ��'� �� , _. r � �. ��`. _ . (��7ZlyZ�::� ��.,��'�''�. °' .... . ,.. .. . , .. ��-��'�'�� . ... ..�.. �, _ .�.� .... .. . � � . ,� �,�.�—..... . _., �� ? � ��..��- ` � __ �� ,�.: �� . . .. �: _ � � � . � .. . .�. .� ... .. _ �_ . :� _ ..;_ _ ' .v�, .._��c�,,.......a . . . , ._._ ,,,�� • �� , � ��°��...� : �� ''� � � � _ . � . . . _.._ . � . r � . ._ _.. �,�/'1��,,n�--° �. �. '1.,� �,�°�.t,. .�.��,.: � ,.. .�.., , �'� � �� . _a_ , . . . _ . _ . . � .... . i � r„ °�y . � ��'�.. ��`�:,�. : � .�..�.�`` `��,.�.�'�� "''�' ��... , �,. •, . � . .. . _ .. � _ �._, o.,,.,. ., . � _ . , , � . ... ., __. .., � ._. ._ � ,:_,: , . / " . ..;,. _ . :.. , . . : : _.. . �. . . � ...... .. ,_ , ... ... . . ' �— .,. .. �� . . ...�. , ._k .. �.. ...._ .__� . �.. . _ .....�_ -��-`�"�,�'�.._. . . — � ,. ». �.. ... ..��e� �.. _ .,_ . . .._ _ , . _ ....a._ .� . ...,�u� ..;.... _ r .. . . .: . ..._.... u.�.., e ,:�,. ._.. C�:. . . ..... .. . ._ . . _. , . __. . .w � . _. _ _ �_ _ . _. �.�_. .. �_...; .�.�.r;� .� Q '� � ,,9,.� .� µ .��..�.. �...�_. .�..r.._.. _ .. .... .. ..._,. ...-. a...�..�,_.. .. _ _.. .. . . , �. . .�.��"'�,,�,�mv .... _ .!�?�/1�' _.._� � _ .. „ .. .�_., w. � . _ . � ,. � .,. . . a , �. . . � , , P � �..._n .. ..� � _ . ... F. . . , .. ..�� .. . . ,. �a.� m, .,z . .. .;: . w . � -.... , ,e�y .. .. , � . ..... .... �: �<�.. �✓ .., _ .. � ��., ....�. �� _.. .,,.. s..._, ,9..� � . � .r_. . � ..�� , _ _ .., . , .. . . l �. . STAFF REPORT AGENDA ITEM 5.2 August 23, 1983 - 7:30 P.M. 'TIGARD SCHOOL DISTRICT ADMINISTRATION BUILDING BOARD ROOM 13137 S.W. Pacific Highway - Tigard, Or. A. FINDING OF FACT 1. General Information GASE': C�A 9-83 Gallo's Vinyard Comprehensive Plan Antendment ZC 8-83 Ga11o's Vinyard Zone Change REQUEST: For a Comprehensive Plan Amendment fram Low Density to Medium Density Resid�ntial and for a zone change from R-7 {Single Family Residential) to R-5 (Single Family 12esidential). GOMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZOl��NG DFSIGNATION: R-7 RECOMMENDATION Based on staff's analysis of applicable planning policies, Municipal Code proviszons, existing land ; uses and staff's field investigation, staff recommend5 appraval of the applicant's request for a Comprehensive Plan Amendment from Low Density to Medium Density. In addition, staff recommends approving the zona change reguest from R-7 to R-S. APPLICl�NT: Herb Morissette Builders OWNER: Same 7470 S.W. 76th Ave. Portland, Or. 97223 LOCATION: S.W. Tigar�i Street anci S.W. 113th St. (Wash. Co. Tax rlap 1S1 34DC tax lot 2900). I,OT AR�A: 3.38 Acres NPO COMMENZ': No written comments had been received from the NPO at the writing of this report. PUBLIC NOTICES MAILED 13 notices were mailed. Na written comments had been received at the writing af this repoxt. ■ _ _ _ ; - ___'_ � 2. Bs�ckground On June 23,' 1978; the Planning Director appro�ved a preliminary plat for a 14 lot subdivi.'sion with eonditions. On November 13, 1979, the Tigard Planning Commission granted an extension of the preliminary plat approval On April 2'7, 1981, the Tigard City Council approved a Comprehensive Plan Revision from R-7 to R-5 for the subject property. On May 9, 1983, the Tigard City Council adop�:ed the Compreherssive Plan Map dssignating the property low density and the ;Lnterim Zoning Map designating the property R 7. On August $, 1983, che City Couneil approved a street vacation an 113th Ave. A realignment of SW' 113th wi11 be dedicated when khe final plat is recorded, 3. Vicinity Information The surxo�nding land uses are as follaws: Z'he land to the north i� designated low density, zoned R-7 and developed as large lot single family residences. T'he property west of the site is developed as a single family subdivision at R-7 densities. To Ghe south ��f the site is a single family residence on 5 acres. A portion of that land lies within the 100 year floodplain. The land east of the site is vacant and is owned by the Tigard School District. 4e Site information The site is vacant, slopes 4% to the south and is covered with native brush and grassese �3. AFPLICABL'E COMPREHENSIVE PT�ANNING POLICTES: 1. Comprelnensive Plan Policies. 2.I.1 THE CITY 5HALL MAINTAIN AN ONGOING CTTIZEN INVOLVEMENT PROGRAM AN� SHA.LL ASSURE THA.T CITIZENS WILL SE PROVZDED AN OPPORTi7NITY TU BE INVOLVED IN ALL PHASES OF THE PLANNING PRQCESSo Notices were sent to all. property ownQrs within 250 feet of this app7.ication. A notice was published in the Tigard Time on August 12, 1983. Ir� additi.on, NPO �k 7 has been natified af this application. 2.1,3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL IIVTERESTED CITIZENS. STAFF REPORT CPA 9-83/ZC $-83/S 7-83 - Page 2 M1 A11 interes�ted parties are given, at a minimum, 10 days to re�pond in writing to Ghe appZication and request under cansideration and are encouraged to do so. The planning staff a.s available to add,ress aniy speci.fic questions concerning the application or the application process. 6.1.1 THE CITSZ ST3ALL PROVIDE AN OPPORT�NITY FOR DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND Rt?NT LEVELS. 6.3.1 THE CITY SHALL DIREGT ITS LAND USE ACTIONS TOWARD THE MAINTENANCE AND IMPROVEAqENT 0�' ESTABZISHED RESIDENTIAL AREAS BY: a. DESIGNA�ING ON THE COMPREHENSIVE PLAN FUTURE LAN� USE MAP THE "ESTABLISHED AREAS" COMMITTLD TO RESIDENTIAL DEVELOPMENT WITHIN THE PLANNING AREA. WI'SHIN THE "ESTABLISHED AREAS" NEW DEVELOPMENT WILZ BE OF THE SAME TYPE AND DENSITY IN ORDER TO PROTECT THE CHARACTER OF EXISTING NEIGHBORHOODS. 6.3.2 IN THE TIGARD COMMUNITY DEVELOPMENT CODE THE CITY SHALL REQUIRE A DENSITY TRANSITION WHEREBX INCREAS�D RESI,DENTIAL DENSITIES ARE ADJACENT TO ESTABLISHED AREAS IN THE FOLLOWING MANNER: a. THE DBNSITY WITHIN 100 FEET OF EACH PROPERTY LINE SHALL NQT EXCEED 25% OVER THE DENSITY SHOFIN ON THE COMPREHENSIVE PLAN FOR THE ADJACENT LAND UNLESS THERE IS AN INTERVENING ROAD (MAJOR COLLECTOR OR ARTER.IAL) IN WHICH CASE THIS PItOVTSION SHALL NOT APPLX. b. WHERE THE PROPOSED DEVELOPMENT ABUTS AN EXISTING HOUSING DEVELOPMENT, THE HOUSING TYPES SHALL BE COMPATIBLEe FOR EXAMPLE: 1. TWO HOUSING UNITS WHICH ARE ATTACHED ARE CONSIDERED CQMPATIBLE WITH A DETACHED SIIVGLE FAMILY UNIT; BUT 2. MORE THAN TWO HOUSING UNTTS WAICH ARE ATTACH�D ARE NOT CONSIDERED COMPATIBLE WITH A SINGLE FAMILY DETACHED UN I'T. I 6.3.3 TN ALL PHASES OF THE DEVELOPMENT AP�'ROVAL PItOCESS IN A �, RESII�ENTIAL "ESTABLISHED AREA", A PRIMARY CONSIDFRATION OF THE CTTY SHALL BE TO PRESERVE AND �NHANCE THE CHARACTER OF THE ADJACENT ESTABLISHEU A.REAS. The site is within an establi�hed area and abuts single family homes. The applicant is proposing to construct- single family homes which wi11 be of the same housing type as the hames to the west. The applicant is proposing to construct 9 single family homes within 100 feet of the 8 existing single family homes, only a 13% increase in density. STAFF REPORT CPA 9-83/ZC 8-83/S 7-83 - Page 3 12.1.1 THE CITY SHALL �ROVIDE FOR HOUSING DENSITIES IN ACCORDANCE WITH: a. THE APPLICASLE PLAN POLYCIES. b. THE APPLICABLE LOCATIONAL CRITERIA. c. THE APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS. Al1 applicable plan policies, locational criterias and Tigard Municipal Code provisions have been considered in review of this application. The locational criteria to be considered in determi�ing a change to medium density are as follows: 2. Medium Density Residpntial A. The following factors will be determinants of ths areas designated for medium density on the plan map: (1) Areas which are not committed to low density development. (2) Areas which have direct access from collector or arterial streets. (3) Areas which are not subject t� developrnent limitations such as topography, flooding, poor drainag�e. ' �4) Areas where the existing facilities have the capacity ', for additional development. I �5) Areas within one half of a mile of public transportation. i �6) Areas which can be buffered from low density xesidential axeas in order to maximize the privacy of established low density residential areas. ' B. The following factors will be determinants of density I xanges allowed through zonircg in the medium density planned area: (1) The density of development in areas historically zaned for medium density development. (2) T'he topography and natural features of the areas and the degree of possible buffe�ring from estaY�lished low density residential areas. (3) The capacity of the services. �4) The distance to the public transit. STAFF REPORT CPA 9-83/2C 8-83/ 5 7-83 - Page 4 (5) The distance to neighborhood or general commercial centers and office business centers. (6) The distance from public open space. The property has access to a collector srreet. There are no development limitations on the property. Public facilities to the site are more than adequate to serve the applicant's proposed development. There is public transit on SW Walnut, SW 121st and SW Greenburg Road. The Tigard School District owns the property east of the site which is presently vacant but is a potential school site which will provi.de additional open space and recreation. 2. TIGARD MUNICIPAL CODE PROVISIONS: All of the requ'rements and provisions in the Tigard Municipal Code have been considered in review of this applicatione Ce GONCLUSIONS St�ff finds that the proposed Comprehensive Plan Amendment and Zone Change conform to the applicalbe Planning Policies. D. REGOP�MENDATION Staff recommends approval af the Comprehensive Plan Amendment (CPA 9-83) and �one Change (ZC 8°83) request as proposPd by the applicant. Further, staff recommends that applicant's Subdivision request to be remanded to the NPO �� 7 for their input and be heard again by the P?anning Commission at a later date. In addition staff recommends that the Planning Commissian xnodify the above application to consider a Comprehensive Plan Amenc�ment and Gone Change on Leonard Scheckla's property (Wash. Co. Tax Map 1S1 34DC lot 2800) RECOMMENDED MOTION: Should the Planning Commission decide to approve the reqizest as presented, the following motion may be made: "Move to forward recommendation of approval to the City Council for the Comprehensive Plan Amendment from low density to medium density, appraval of the Zone Change to become effective upon Council approvaZ af the � Comprehensive Plan Amendmen.t ." � • ' � ` _�, PREPARED EY: �. Hamid Pishvaie APPROVED BY: William A. Monahan Assistant Planner Director of Planning and Development NOTE: Should the Planning Commission nass a motion other. than that recommenued by the staff, findings shall be adopted with the motion. STAFF REPORT CPA 9-83/ZC 8-83/S 7-83 Page 5 ,� , �� o �.�i 4�.30 ij� � I _ � N J (C.S, No. 3090) � . . �' W I . � Y�... . � I ��ll� ' . ��. p . S . • � . ° O ��o S Z6 .4C. , � N (c,s, No. sa 47) o o � , M a ��r , o ' ' � � „ �187 �t, � . �,�4�Q�' . r-,...�.,.�..<..... m �lA.90 � , N ery° 4!' 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No. 9t6 N .. ` .�� .. ,,.. . i. . . �., .�.... .. . . :,... . . r �. � � :� i� .,� . . . • • • g�09°A�45 E 252.04 N � i . ..., ,., .... .. . . ., �Z 72 72 g 9304 � �,•o��'� 8899 I t�.l S B9° �5 !/4� E A esaas'�e"w . � aa R�p 4900 � 2900 �2400 � � � � J ' A� 2800 ' o .2�,4c. p 3000 ° :� � 1 �d° � . �� zo 90 _ /6,53Ae, ,� .17 0.:- �� : �6 h 3, C, z � � ` I03 � 26 � J � \� M 89°58��t"E �, � �2300 4700.. �'� � 490 t o � �6 �:� 2 � � I � � . u � 1 � i SCMOnL Dl5'%*iCT x tl ul.�a ��}a2 I 23.E?o , 7 4 2:'�'7 J OO 4600 � �M � 5000 ,� , . 15 ,� 3 a � «� 25 � 11 �� II8:03 679 � 120 � ' . �Op ,: 4590 Q.. 5100 -> ' , ' _ � ,�� • W . . � � � � �2a �: I �`%� 7 �, 5 14 /'. � 1�0 i,g ��a " u e.oa �� _W � _ ° g m M S 4400 � 5200 0 : g � � � �� , , ,,� � 23 ��: , '° I, 13 � � 5 \� ixo " y , —� . ��a:o3� �o ' � �-J I ��9 $ �� , �0 430� o �� 22 � �2 R 6 ' � '2° , LL, \� � • 10 4.89 I18.03 \ 1 � 5400 � a bs°se`��"E • J � �� 2� � I800 �Q 4200 ��`> a iao . . i � t = 5500 �:, �� ue.oa '~" � 20 ~ • °+�, 4100 t'r9 �° , 8 � — tzo 1NITIAL pT`• .(NITUL POINT p�ap �1 • 72 �,�,_„�Z ____�____ .�.. , �.;..�., OAWN�5 iNLET I"' � � �OQ � . ��k , 6D3.24 . i0 az �,ei ,�ati �# 19 I� : ) �s�30�s. ,,s�? ;� �,sx o'Sw .6o us� 5� . , �� r-t 5.3 COMPKEHENSTVE PLA� AMENDMENT CPA 7-83 Commonwealrh Realtors Group � Inc. NP0 �� 5 o This item was set over to afford the applicant �time to meet with the NP0 �� 5 and 6 on ,Tuly 20, 7:9$3. 5:.4 CUL��Y�,NSIVE PI,AD1 AMENDI�NT CPA 9-,{3 ZANE ; CHAN�r� �C �=83 .�S�UB�fiW+�5x4�1.`'`S�q�83 Ga�l�a't,� ',�3h�ta'rd/��e� I�cs�rieseC`Ce $'v."i�lder'a'` '�1�0` # '7 ,� A request for a Comprehensive Plan Amendment from Low Density to Medium Densit� Residential and Zone change from R 7 fSingle Family Residential) to R-5 {Single Faruily Residential). Also approval of a 22 lot Single Family Residentzal Subdivision for 5,000 sq. ft. lors on 3.38 aeres. Located: SW Tigard St. and S.W. 113th St, (Wash. Go. Tax Ma;p 1S1 34DC lot 2900). o Assoeiate Planner Newton naade staff's recommendation for approval. o Hans J. Vatheuei, Alpha Engineers, 1750 S.W. Skyline, rep,resenting Che applicant stated he was available to answer any questions. PUBLIC TESTIMONY , _. o No one appeared to speak. COMMISSION DISCUSSION AND ACTION o Preaident Tepedino questioned the condition of SW Tigard St; �Associ.ate P1a.nner TVewton stateci Che street is scheduled for a aver.layo DisGUSSian �ollowed regaxding the condition of SW 113th and ST� Tigard St. ' � o Co�nissioner Owens questioned why there were survey conditions on the staff report; Assor_iate Planner iVewton explained this was being done at the request of the Public `Works Directur. o Co�issioner Butler questianed why th.ere was no Schnol Impact,�,,,�,e:pox.tw.. �__.-__�,_-..---�—�-- with the subdzvision; Associate Planner st�ted there was one in the file and unlesg the Planning Gommission requ�gted s copy was not ' ; normally given, to the `Commissioners. _ ,, o Commissianer Moen moved and Commissioner Owens seconcled to recommend approval to the City Council. of Comprehen�ive Plan Amendment CPA 9-83 and approve Zone Change ZC 8-83 and Subdivision S-7-83 per staff's recommex�dation and condiCions. Also, correct the spelling of the word "there" to "their" in the survey conditions. Motion carried unanimously by Commissioners present. l � r r ��. l�tr� � �.... - �n,�-- 4 .�„e�,ti�� - ' � -t'' � ; ' r�(,�Q..1 �` � � - �� - ��/�� . �� - . .'. � � -� �� -�.r,�-z..�-� .�,. _� �z.�--- .��e� �� ,� f '��` �� ,�� .��-e- �.,�'�' �'��- � �• �� =� .��°' � ��.,. ��.�..�....� ��... .�-- .�� f ��'/�� y �''�` r�,°e%°�� GG" � ° •' ` ^� r�,�:-�'�"t_--` _L�� ..�.� � �', ' '� � � � ; �� ; � _ /� � �.t.t:,�.c.�� / i;/ ` ��(j�� . ��' ��c..-��c,.� � Q' ' y��,A�-�t.�C, � �77 4 ,��r� I G��,/� . , �� .�� ? + `��C�� t�� 1 � ��- �" ° �� .�_ � � � � � �� %� �� /�� , -�� _ ��`� �GG� � � ��.��- ��.- ..�� ' t�,i. `l� :cS�z !�tY�j��.:�.z�.f��O�rC�'��,.� i��!?� �� .�l. . . ., '.� r ��v�R.. ��i�� /"�u„i�k/�`(,�C✓(�.�( ' . 'i�� . � �(� � ,%!!�E� L�.� . . � , • �� / r /��f� `�� /iJP / ��'S�.O'''�6/"� ��,"'".`.rcJ ' r r �� . . , � Y . . �-� G��'�-4. ,�� J�� '�'(-�., l�,ot-C��. �� . �-/ /8U� �SL(.� /L3� f�1_, i . ....y, ..,'... .�... �...�1 .��.....� r;r... .....,.:..— � �'� � ..� � •_. . . .... . . . . . � .. ' . � . , ��`t. ', 1- + t, AG�NDA ITEM 5.3 �ugust 19, 19$3 � M�MORANDUM � T0: Planning Gommission FROM: Planning Staff�.NV' ' SUBJECT: Agenda item 5.3 Casl Johnson Comprehensive Plan Amendment Attached is a letter from Carl Johnson, a member of NPO �� 4 requesting amPndments to the text of t he Com rehensive Pla . n P The olic i p y n dispute is 11,4a a special area of concern i'or NPO �k 4. At their June 1, L983, meeting NPO �� 4 voted unanimously to support Mr. JQhnsan's recommended changes. Those minutes are attached. The City Council, at their public hearing of March 14, 1483, discussed the Tigard Triangle at len�th and as a result of that discussion adopted language for palicy 11.4 to be incorporated into the special areas of concern for NPO �� 4 section of the Comprehensive Plan text. The amendments being proposed for Policy 11.4 relate to the interpretation ot a �ouncil Policy. Staff recommends that ihe Planning Commission review the attached documents, including the March 14, 1983, City Council minutes, an.d make a recammendation to City Council on the inte.rpretation of policy 11.4. EN;dmj (0076P) ) Z 3 � T I G A R D C I �' Y C 0 U N C I L REGULAR M�ETING MINllTES - MARCH 14, 1983 - 7:30 P.M. 1. ROLL CALL; Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook, Kenneth Scheckla, Ima Scott (leaving at 11s05 P.M. ) ; Jeremy Coursolle, Associate P�:anner; City Staff Doris Hartig, Fznanc�e Director/City Recorder; Bob Jean, City Administrator; $iiZ Monahan, Director of Plannin:g and Development; Liz Newton, Assocxate Planner; Ed Sullivan, Legal Counsel. , 2. CALL TO AUDIENCE F(JR NON-AGENDA ITEMS UNDER OPEN AGENDA (a) No one appeared to speak. 3. COMPREHENSIVE PLAN - COMPREHENSIVE PLAN MAP (a) Public Hearing Reopened by Mayor (b) Associate Planner Coursolle noted letters in Council's packe[ dealing with the same area (west of Hwy. 217 and South of 99W property). Other areas of conGern are properties at SW fi6th Avenue and I-5 Freeway and deal with change from CP to Commercial designation. All � letters speak to more general commercial type use. `' 3.1 NPQ �4 (a) Public Testimony o Lavalle Allen, 7540 SW Hermosa Way, NPA #4, recammended properties west of SW 70th to ktwy. 217 be zon.ed general commercisl. o Gosdon Martin, 122�5 SW 72nd Avenue r�ferred to a letter dated Febxuary 28, 1983 that contains all the issues of concesn to khe I�PO. He urged higher zone designation so property will become more valuable and thereby it will be econamically feasible for homeowners to relocate as well as allow for pi°ope�rty to develop. o Gouncilor Scheckla questioned long-range plans for Phil Lewis Schoola Staff respoc�ded that duri�g the planning period the City was assured the school will stay. o Gary Reid, 12700 SW 72nd, Tigard, NPO ��4 member, and business owner spoke to the conversion idea for homeowners and felt light industrial laeks the f�exzbility as general commereial zon�, as vrell as a.t � doesn°� prpvide for transition period and is extremely difficult against low density residential areas. He noted the main i�sue is residential owners being able to economically sell theix homes and compete with vacant industrial land. He urged general commercial zoning in this area. , � � o Geraldine L. Ball, representing herself and D.�B Inc. , 11515 SW 91st Tigard, recommended genergl commercial zoning for Larson property. She questioned if her properGy is designated as wetlands or floodplain and by whose authority is it so designated. She also objected ta ineorrPCt maps used by the Boundary Review Com�nission #1910 annex:ation. She submitted maps for records and an album, noting the enviranmental impact statement repor�. o Planning Airector requested time for staff to review her testimony and respond to her �uestions later in the eveningo Council concuxred. o Virginia Campbell, 12120 SW 72nd, NPO 4�4, a,greed with Mastim and Reid's testimony and requested if any transition zone is provided that they not be included in that zone. o Fr�d Anderson� Attorney representing Dietzman property, stated he is in accord with NPO ��4 recommendation. o David Campbell, 12120 SW 72nd, reported he was in favor of commercial designation and endorsed his wife's comments. He expressed concern for the quality of life for remain�ng residential property owners. He sug�ested a buffer zone around property be removed. o Lou Christen, 17895 SW Shasta Trail, Tualatin, spoke to the transportation plan and in his opinion didn't thi.nk the secondary road will ever be developed. 1he road is too close Co the Phil Lewis School. He addressed Che issue of trying to sel�. his proper�y writh � the rncarrect floodplain designation. He reparted he has some sensitive land area� but £elt there was Iack of staff support. Staf£ responded that his propsrty was incorrectly designated and the map has been corrected.. Council suggested the corrected information be po�ted and tiro Gtiristen receive letter fram staff ga�ving de�igna�ion. Christian continusd testimony stat�.ng he was in favor of general commercia.l zoning. o Dc�nald Maltine, representing Coldwell Banker, 12755 SW Buena Vista Dr� �nd representing Mr. Finke, stated he was in accord with commercial designation. He noted industrial land in this area is too expen�ive for development and supported the staff's proposal. o Merrill H�ddon, 13545 S.W. Village Glen Drive representing InW�st-A-Venture, testified in favor of the commerci�l zone designa[ion. He noted his proposed recreation center �nd requested it � be allawed. He also commented industrial designation is not suitable for this area as well as the impact of �hat kind of development on schools and transportation problems. ; Councilor Scott questioned Haddon regarding type of recreation center, Mayor Bishop responded the issue is whekher the land is to be zoned industrial park or commercial. ; PAGE 2 - COUNCIL MINUTES - MARCH 14, 1983 Councilor Scott referred her question to Attorney Sullivan. Attorney Sullivan responded the issue is to decide whether it is appropriate ko zone this property industrial or conunercial. T'he basie land use issue will be deci�ed if it is a permitted outright land use. Unly item for consideration at a later date would be Site Design Review. o David Sant, JaSant Cor,p, representing client in Invest-A-Venture, supported the commercial designation for the triangle area. He noCed most industrial areas want to avoid residential areas due to potential conflict over industrial uses. The configuration of the property does not lend itself to large industrial development af the Crxangle area. In his opinion, the highest pot�ntiai use for the land is commercial development. o Ted Williams, 4382 45th Avenue N.E. , Salem, spoke in favor of NPO ��4 proposal and concurs with the plan and feels it is in the best interest of Tigard. o JB Bishop, Su�ke 303, 10505 S.W. Barbur Blvd. , Portland, displayed aerial photo of area and spoke Co future development. He encouraged Council to review the City inventory of industrial park land and general commercial areas. He suggested the area be a mxx of uses; some industrial park and s�me commercial uses. He urged development o� the trunsportation plan and the providing of City services. � o John Gibbon, Counsel for Robert Randall, owner of prope�ty adjoining Finke spoke in favos of Commercial designation. He feels a mixture of office/warehouse space would be suitable for their area. He urged a good transpo�tation and pedestrian system be developed for the area especially around P�il Lewis School. He continued on and recommended ail their property be zoned commercial �s some of it is now in a split zane. � o Terry Ipller, 11682 S.W. Tooze Rd. , Wilsonville, representing Sam Sofos, urged general commercial desi�nation� noC industrial zoning. o Hans Grunbaum, property owner in triangle area endorsed commercial development. o Jim Corl.iss� resident and operator of I,andmark Ford, supported commercial designation of entire area. o Jean Danley, 7060 S.W. Beveland, supported commercial designation to her property. o City staff returned to Che meeting and respondPd to Mrs. Ball's : letter. Staff noted Mr. Larson's property was not omitted in the �nnexation. City 1977 map does noC indicate her property is in the fl�odplain, however, it is possible a portion of land could be in the wetlands, i.e. having a high water table. Staff reported the � Boundary Review Commission maps were incorrect, how�ver, the boundary PAGE 3 - COUNCIL MINUTES - MARCH 14, 1983 � _ i description is the binding docum�nts a�d maps are for illustrative puxposes only. 2fi e legal metes and bo�nds description submitted was carrect. Planning Director further responded to the rest of Mrs. Ba11's questions� Couacil and staff discussed Che designation of wetland and use of the property when time f�r developmen�� arrives. RECESS,F.D AT 9:45 P.M. RECONVENED AT 10:U6 P.M. o Mayor Sishop questioned if Council wanted t9 meet again this week to complete the work on the Comprehensive Plan Map. He noted the Zone Change Annexations have to be decided by March 18, 1983. Consensus was Co meet Wednesday, March 16, 1983, 7030 P.M. at Fowler Junior High School. o Councilor Cook suggested the area of Franklin east of 72nd should be ehanged to commercial professional, he suggested Legal Counsel assist with the language in dealing with existing residential properties, conversation and buffering. o Councilor Brian expressed concern for conversion from light industrial to commercial professional; the request for C-5 for property on I-S Fr�eway and agrees with general coaunercial designation. Councilor Scheckla agreed with Brian's camments endorsing general commercial. He noted roads and transportation is r an item �f great concern. o Mayor Bishop expressed his concern regarding the proposed exCension £rom SW 78th/99W to Interchange at I-5 �reeway to Haines. He recommended this be in place before any development takes place (or a legal agreement to complete collector road). He also stated he would lx `d o sib u e of ome esidentiaL medium densit �e to consi er the s le s s r P Y iil that areg and encourage above the first floor commercial developm�nt, to residential uses. He agreed �ith other Cowncil members with strict interpret�tian of development of collector streets. o Council and City Attorney dis�ussed at length spPCific language to implemenk Council's recommendatx.on. Council clarified areas on the map (exhibit Co these minutes) the noted changes in zoning. I.egal Counsel requested he be allowed to leave the meeting to draft, motion ; to work out details with interested property owners and bring back for Gouncil consideratione Council concurred. Councilor Scott left at 11s05 P.Me • � PAGE 4 - GOUNCIL MINUTES - MARCH 14, 1983 �' _ ---- . , � o Vittz Ramsdell 11635 7'errace Traiis, addressed Bechtold property density and txa:Efic issues. o Ralph Flowers 117Q0 SaW. Gaaxde, spoke to Bechc:old Annexation and expresses support of low density issue. o Discussion by Council regarding testimony followed. Councilor Scheckla favored low density for Bechtold property on Walnut Avenue. Council suggested medium high permit use or C.P. zone on Beef-Bend properCy. Associate Planner Newton poinGed out and marked areas on map and made a part of this record, marked Exhibit "A". (b) Motion by Councilor Cook the 4 changes as discussed be made as outlined on the map with respect to NPO 4�3. Councilor Brian seconded the motion. o Motion approved by unanimous vote of Council present. 3.3 NPO ��4 (a� AttorneN Sullivan, returned to tfie meeting and reviewed the proposed statement that represents a consensu� o� property owners. Council discussed the specifi�s and intent of the motion as well as the impact �n proposed development. (b) Motion by Cc+uncilor Cook, sec.onded by Councilor Brian, that the Plan Map designations for NPO �4 reeommended Co Council by the Planning 6ommission be approved and, in addition the 3 other changes shown an the map, marked as Exhibit "A01: , be adopted by Council. The following additional policies are also adopted for the development in NPO ��4 speci£ied below. "1. In the Tigard Trian�le (i.e. that area bounded by Pacific Highway, Highway 217, and the Inter�est 5-Freeway), in those parcels designated "CP", High Density Residential Development (i.ee 20 to 4t1 units �er aere) shall be a use allowed outright in conjunetion with commercial professional uses. "2. Yn the Tigard TriangLe described above, those parcels �� designated for any �3) Coimnercial development shall not develop for such use, if not already so developed, unless a c nn ctin the area on Paeific Hi hwa at ma'or collectoz, o e g Y J g approximately 78th Avenue and the Westerly portion of Haines Road Interchange at Interstate Freeway (at approximatel.y 69th at Aartmouth) be constructed, be guaranteed within one year for construction by a put�lic agency, or be approved for constr!uction as a part of a local imp�rovement district after • ' the remonstrance and review period have expired, This condition shall n�t apply to parcels having direct access to Pacific Highway, or the Interstate 5 Freeway access ramps unless the port�an proposed for development is greater than l� 1000' from the right-of-way line af Facific Highway or Ynterstate 5 Ynterchange ramps. PAGE 6 - COUNGIL MINUTES - MARCH 14, 1983 l - - - "Until new commercial deveZopment is pern�itted in ttre triangle undpr � thi.s condition, the only new develapment that may oecur on any parcel in the triangle is a single family residential use." Brain stated he was �incomfortable without suggestions from the property owners as to how to get the job done. Motion approved by 3-1 majority vote of Gouncil present, Councilar �rian voting "NAY", 4. ZONE CHANGE ANNEXATTONS o Z�A 3°92 (Durham Island) NPO ��S/�k6 ZCA 5-82 (Bechtold Annexation) NPO ��3 ZCA 7-82 �North D�akota Annexation) NPO ��2/#7 ZCA 17-82 (Randall) NPO �k4 ZCA 16-82 (Qooper) NPO ��4 ZCA 11-82 {Benny Larson) NPO ��3 ' o Public Hearing Opened Ay consensus of CounciY Mayor continued public heariag until March 17, 1983, 7:3U P.M. Fowler Junior High School. 5. RADIFY FLOODPLAIN POLICY Planning Director requested this item be conkinueai to give Council change for further review. Council concurred. 6. APPROVE EXPENDITURES AND INVESTMENT'S: $124,344.39 : (a) Motion Cour�cilor Cook, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 7. ACC�PT RIGHT�OF-WAY REGARDING 72ND AVENUE LiD (a) Motion by Councilor Cook, seconded by Councilor Scheckla �o acce�t, Approve by unanimous vote of Council present. 8. A.CCEPT STREET DEDICATION - Forrest Cowgill (a) Motion by Councilor Cook, seconded by Councilor Scheckla to accept. Approved by unanimaus vote of Council presenk. 9. APPROVE OLCC APPLICATIONS AS FOLLOWS: . o Gaffer'�, 2Q6/207 1'igard Plaza, Tigard, OR Class A License o Big B Zhirftway, 14363 SW Pacific Hwy, New License (Canterbury Square) o Bergmann's Restaurant, 12725 SW Pacific Hwy, (McKenzie & Pacific Hwy.) � Tigard Bowl, 116b0 SW Pacific Hwy� RMB (Pfaffle & Pacific Hwy. ) � (a) Motion by Councilor Cook, seconded by Councilor Scheckia to approve Approved by unanimous vote of Council present. PAGE 7 - COUNCIL MINUTBS - MARCN 14, 1983 t _ --- 1 0 a. THE IMPACT ON THE EXIST�NG RE5TDENTIAL STRUCIURES AND THE ALT�RNATIVES WHICH HAVE THE MINIMUM ADVERSE EFFECT IN TERMS OF: 1. REDUCING THE DISTANCE BETWEEN THE DWELLING AND THE STREET; AND 2. NOISE IMPACTS. . b. THE EFFECT THE IMPItOVEMENT WILL HAVE ON THE T'RAFFIC FLOW AND THk: POSSIBLE NEGAT7VE EFFECTS ON OTHER STREET INTERSECTIONS. c. MINIMIZING THE USE OF 1'HESE STREET AS PART OF THE ARTERIAL SYSTEM FOR THROUGH TRAFFIC. 11.3.2 THE CITY OF TIGARD S1iALL WORK WITH OTHER GOVERNMENTAL BODIES FOR THE DEVELOPMENT OF AN ART'EHIAL R011TE CONNECTTON FROM MURRAY BOULEVARD OR SCHOLLS FERRY ROAD TO PACIFIC HIGHWAY. THIS ARTERIAL ROUTE SHOULD BE LOCATED WEST OF BULL MOUNTAIN, AND SHOULD NOT UTILIZE ROADS WHICH PASS THRQUGH EXISTING RESID�NI'IAL A1tEAS WITHIN TIGARll. IMPLEMENTATION STRATEGIES 1. S.W. Gaarde Street and S.W. 121st Avenue (between Gaarde and Walnut) shall be developed as two-lane roads with pedestrian-bicycle paths, restricted parking and left turning lanes as needed at congested intersections. 2. The undeveloped land along S.W. 1.21st Avenue (south of Walnut) shall be planned for development in accordance with the locational criteria policies that apply to locating medium and higher d�nsities close to arterials and in acr_ordance with r.he policies for "Established11 and 11I?eveloping" areas. 3. 1'he Tigard Cammunity Development Code shall r�quire site design review for any development other than a single or two family structure. The site design review shall include review of street right-of-way and pavement location. 11.4 NEIGHBORHOOD PLANNING ORGANIZATION �f4 POLICY 11.4.1 IN THE TIGARD TRIANGLE (I.E. THA1' AREA BOUNDED BY PACIFIC HIGHWAY, HIGHWAY 217, AND THE INTERSI'ATE 5-FREEWAY), IN THOSE PARCELS DESIGNATED "CP", HIGH DENSIT'Y RFSIDENTIAL DEVELOPMENT (I.E. 20 TO 40 UNITS PER A�RE) SHALL }3E A USE ALLOWGD OUTRIGHT IN CONJUCTION WITH C0�41ERCIAL PROFESSIONAL USES. 11.4.2 IN THE TIGARD TRIANGLE DESCRIBEll IN POLICY 11.4. 1, THOSE PARCELS DESrGNATED FOR ANY COMMERCIAL DEVELOpMENZ' SHALL NOT DEVELOP FOR SUCH USE, IF NOT ALREAD.Y SO Df'VELOPED, UNLESS A MAJOR COLLECTOR, CONNECTING THE AREA ON PACIFIC HIGHWAY AT APPROXIMATELY 78TH AVENUE AND THE -73- . . 2.. . . . ., . .. . � . . � ��. ! . . .�. . . � . _ . � . � . . WESTERLY PORTI�N OF HAINES R�JE�D INTERCHANGE ,AT INTERSTATE FREEWAY (AT APPROXIMATELY 69TH AT DARTMOUTH) BE CONSTRUCTED, BE GUARANTEEB WITHIN ONE YEAR FOR CONSTRUCTION BY A PUBLIC AGENCY, OR BE APPROVED FQR CONSTItLiCTION AS A PART OF A LOCAL IMPROVEMENT DISTRICT AFTER THF. REMONSTRANCE AND REVIEW PERIOD HAVE EXPIRED. a. THTS CONDITION SHALL NQT APPLY TO PARCELS HAVING I}IRECT ACCESS TO PACIFIC HIGHWAX, OR THE INTERSTATE 5 FREEWAY ACCESS RAMPS UNLESS THE PORTION PROPQSED FOR DEVELOPMENT IS GREATER THAN 1000' :FROM THE RIGHT-OF-WAY LINE OF PACIFIC HIGHWAY OR I�TERSTATE 5 INTEE2CHANGE RAMPS. b. UN'I'IL NEW COMMERCIAL DEVEL(JPMENT IS PERMITTED IN THE TRIANGLE UNDER THIS CONDTTION, THE ONLY NEW D��ELOPMENT THAT MAY OCCUR ON ANY PARGEL IN THE TRIANGLE IS A SINGLE FAMILY RESIDENTIAL IISE. 11.5 NEIGHBORHOOD Pi.ANNING• ORGANIZATION �k5 FINDINGS o As Tigard has eontinued to develop the locational advantages associated with the the I-5 freeway, Highway 217 and the two railroad lines traversing the area have led to a considerable amount of office and industriai development along 72nd Avenue, south of Highway 217. o The established residential area abutting the industrial area in NPO �k5 has been adversely af£ected by the individual use, due ko increased smoke, noise, odor or visual pollution. o The polutian o� existzng vegetation and trees, and the planting of trees, provide an excellent means to both separate and buffer residential areas from industrial areas. These vegekative buffers exist along the western slopes bordering the Rolling Hills Subdivision and along Fanno Creek. The Rolling Hills Subdivision abuts industrially planned land on tw� sides and is within approximately 600 feet of land planned for heavy industrial use. POLICY � 11.5.1 THE CITY SHALL REQUIRE BUFFERING AND SCREENING BETWEEN RESIDENTIAL AREAS AND ADJOINING INDUSTRIAL AREAS AS A PRECONDITION TO DEVELOPMENT APPROVAL AS FOLLOWSt I „I a. ALL BUILDINGS ON INDUSTRIAL LAND SHALL BE SEZ BACK A DISTANGE OF 50 FEE:T' FROM ANY PROPERTY LINE WHTGH ABUTS A RESIDENTIALLY PLANNED AREA; b. THE SITE FLAN SHALL PROVIDE FOR THE LEAST INTENSIVE PROPOSEll USES ON THE SITE IN THE AREAS WHICH ABUT AN ADJOINING RESIDENTIAL pLANNEU AREA'; AND -74- , � . ,_ ___ _ --- — STAFF REPORT AGEN�� ITEM 5.4 CITY OF TIGARD P1ANN'ING CnMMI�+uION August 23, 1983 - 7:30 P.M. Tigard School District Administration Building - Board Roam 13137 SW Pacific Highway Tigaa:d, Oregon 97223 A. FINDING OF FACT 1. General: Information CAS�: 2one Change ZC 10-83 REQUEST: The applicarnts are requesting a zone change from R-20 to R-10. COMPREHENSIVE PLAN DESIGNATI�N: Lr�w Density Residential ZONNING DESIGNATION: R-2q RECOMMENDATION: Based on information submitted by ths applicants, staff's review of applicable Comprehensi.ve Plan polici�s, zoning code provisions, and field investigation, staff recommends approval of ZC 10-83 and sul�ject to the conditions listed in this report. APPLICAN�S: Richard Boberg Tony La Chapelle Leonard Sorenson 10660 SW N. Dakota 10570 SW N. Dakota 10750 SW N. Dak�ta Tigaxd, Or. 97223 Tigard, Or. 97223 Tigard, Or. 97223 Wayne I�arson Ron Sollars 011ie Zimmerman 10730 SW N. Dakota 10770 5W N. Dakota L0800 SW N. Dakota Tigard, Or. 97223 TigardA Or. 97223 Tigard, Or. 97223 OG7NERS: SAME LOCATION: ].0570, 10600, 10660, 10730, 10750, 10770, and 10800 SW North Dakota (Wash. Co. Tax Map 151 34DA, tax lots 2300, 2400, 2500, 2�600, 2700, 2800, 3100, and 3200). AREA: 8.64 acres NPO COMMENT: NPO �� 7 has not respon�ed in writing to this application I request. PUBLIC NOTICES MAILED: Forty-twa notices were mailed. No writter� co�ents have bee�a received at the writing of khis report. 2. Background No previous actions on the properties. -- _ ---- -- ------- ---- J 3. Vicinity Information The surrounding land uses are as follows: To the north is designated low density residential, zoned R-7, and developed as single family resid�nces. To the west is designated lota density residential, zoned R-7, and developed as sin�le f;gmily residences. To the south is designated low and medium desnity residential, zoned I� R-7 and A-12, and undeveloped. To the east is designated medium density residential, zoned A=12, and undeveloped. 4. Site Information The site contains existing houses �n l/3 to one acre ].ots. B. APPLIEABLE PLANNING POLICIES 1. Comprehensi�e Plan Policies 2.1.I THE GTTY SHALL rIAINTAIN AN ONGOING CITIZEN INVOLVEMENT PROGRAM AND SHALZ ASSURE THAT CITIZENS WILL BE PROVIDED AN OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. Notices were sent to aLl property ownexs within 250 feet of this application request. A notice was published in the Tigard Tiznes on August 11, 1983. NPO �� 7 was notified of this application. 2.1.3 THE CITY SHALL ENSURE THA�' INFOI�MATION ON LAND USE PLANNING ISSiJES IS AVl�ILABLE IN AN UNDERSTANDABLE �'ORM FOR ALL INTERESTED CITIZENS. All interested parties are given, at a niinimum, 10 days to respond in writing to the apoplication an�i axe encouraged to do so. The planning st�ff is available on a regular basis to answer any questions on specific applications. 6.1.1 THE GITY SHALL PROVIDE AN OPPORTUNTTY FQR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUIS PRICE AND REN T LEVEZS. 6.3.X THE CITY SHALL DIRECT ITS LAND USE ACTIONS TOLI.ARD THE MATNTENANCE .AND IMPROVEN.fENT OF ESTABLZSHED RESIllENTIAL AREAS BY: a. DESIGNATING ON THE GOMPR�,HENSIVE PLAN FUTURE LAND USE MAP THE �'ESTASLISHED AREAS" COMMIT'TED TO RESIDENTIAL DEVELOPY�IENT WITHIN T�iE PLANNING AREA. WITHIN Z'HE "ESTABLISHED AREAa" NEW DEVELOPMENT WILL B� OF THE SAME TYPE AND DENSITY IN ORDER TO PROTECT THE CHARACTER OF EXISTING NEIGHBORHOODS. STAFF REPORT ZC 10-83 Page 2 _ __'. l 12.1.1 THE CITY SHALL PROVIDE FOR HOUSTNG DE�SITIES IN ACCORDANC� WITH: a. THE APPLICABLE PLAN POLICIES. b. THE APPLICABLE LOCATIONAL CRITERIA. C. Tx� APPLTCABLE COMMUNITY DEVELOPMENT �ODE PROVISTONS. 2. Low Densi� Residential A< The followzng areas designated low density residential an the plan map. (1) Areas which are committed to low density development and not shown on the "buildable lands inventory" as vacant land. (2) Areas where street facilities are limited to coilectors and local streets. (3) Areas having develapment limitations due to the topography, soil characteristics draina e hi h water table or � g � g flooding. �4) Areas with limited ca acit for develo ment in terms of P Y P facilities and services such as: (a) Facilities: i Sewer ii Water iii Drainage iv Schools (b) Sarvices• i Police ii Fire iii Health �. �he following factors will be determinants of the density ranges allowed through zonzng in the low dens�ty residential. (1) Areas which have been historically developed with large lots and which are determined ta be committed land "on the buiLdable lands invenkory" will xemai_n zoned consisten with the existing development pattern, (2) The capacity of facilzties and services. (3) Areas within walking distance of transit should be zoned for smaller lots. �4) Areas within close proximity to jobs, cammercial areas and public facilities and services should be zoned for smaller lots. STAFF KEPORT ZC 10-83 Page 3 2. Tigard Munici�al Cod�. There are no speci�ic criteria in the Tigard M�inicipal Code which addxess zone changes. Therefore, staff relies on the adopted Cotnprehensive P1an policies. C. CONCLUSIONS The requested zone change me:ets applicable Comprehensive Plan low density residential golicies, which include the f�llowing: (1) A•reas which are committed to lora density development. (2) Areas which have been histoiically developed with large lots and which are determined to be committed land "on the buildabie lands inventory" will remain zoned consisten with the existing development pattern. �3) Areas where street facilities are limited to collectors ancl local streets (SW North Dakota Street is a minor collector) . Staff's only concern with the change from R-20 to R-10 is ehat this will, in doubling the density, create a development pattern of flag lots on several of the properties. D. RECOMMENAATION Staff recommends approval of the applicant's request with the following conditions : 1. When future partxtionin$ occurrs, a street will be dedicated to alloea acc:ess and egre�s to lots other than by SW North Dakotao 2. There will. be an additional lt? foot right-of�way de�ication for future improvements to SW North Dakota at the time any property is parti.tioned or developed. RECO.MMENDED MOTInN Should the Planning G�mmissS�on adopt staff's recommendation, the following motion n►ay be made: Move to approve, with conditions, the applicants request far a zone change from R-20 to R-10. �� P�EPARED BY: Steve Skorney APPROVED BY: William A. Mon�han Assistant Planner Directar of Planning and Development STAFF REPORT ZC 10-83 Page 4. � i j ; ;,,�'--i z � .A., c i roo�� .� W �^ eoo,,.,. t . . � . . � �I I � l � ��T�� I �. a .R , s . . . � . . . � \\ . . . � . f...� V/ \.. . � . . I . . � 1 ��700 . . . "� I �} 9 ! ^ � /V�. JS00 GUV LOT.3 . � . �i.��.f'(�� J1J . A .. ' . , , 9 00 AC � y � 600 � i,00 � '�^ _... � �'.n s5��c�4tit- r.��- 2'3�'O .. . /� A� 5 _r � 500. g3 �1.q � •. .r.6�• � . .. .. . . aI �V I500 . .. ..I I..__ � ^ � . 6 ___. _`' + .1 � ! � � � i��a/=,� � ' � 'j� 400 r�c •. � �� .� � � •l600 1z � .iE,:F��?;�c � � � . �r.k _LM 'I ,�_�. ^/ � •—y�. ' ��L� '�.�: � 30013 � � �}5r.` �`q�<�. � � � � �.i�n�.�7 . . I. u.��. � (n J02 �' I 4 1 . . -------- �--_._.. I ._ ��.i. ..��.•� � ��..� � �� .. .. � ,. Io � .�,�,t' . 'M1 i)�� . � s.w— T -,�-1 ,- T 1—,— ,---,�-�rv r+�-�—�- R : : A _ �•.. ,..�� . -- , - , � ----- - �-�-si zJOO .W � � � � ��. ar •aw�'-� �.�fcw' fo�. � •..' NC11TH �LINE JONh L NIt<IIN.�.. 0�C ./l(1. Sl . � z2oo z�oo zroo zsoo ' 2�0o zeo Zsoo 5000 3100 . 5�30-0 '0'" a7at Je k ' . •°,�: }.z� . �6�LC �.fJwl S�AC //�)AC 66�C /26A 9Ea� oF,�f �2�: � � W'•. � . t I7LC / �—�� ' 1 . . • . . 440D ",.. )' �r• . I I . � . F�.�t�u � '!• C I � . iu a�� ' . � . r � .I . . . 4� � :�=�;=x : 23 74 23-78 z.. . 4�. 9 u . � �:r �.' .:.e� � . . w� � o : .,�, � 23-7� �600 .`.LI� . ' SI00 L� � I 3�20A . . � a� I� 8 I n:?if . l.�� ,°��'� �. � �^� t" --��..__ �a�� . Sp�� - �; �.`. �� • i C�1 �.R' � , �� 1 3 I;4�,c.�- - _ pM� �_,�'� �a1)�t, f� 1fiC�� / �'J ;/0��!!�1 �I�� M �� i1�1� . . ��f � �M Of w "_. -' T W�f �'8�Q 6�� . . . M��•ll t �"��{�� . ._.... ��°� SOO i�d�. - .•».e__ ._. _. � . • 100 __. . ._. . . .. . . ._ . . �I. �._.. _.__ .. rzs o, oss�� _. _ . _ ___ o - i . 0 a � , . .- `Et _ _ ....�,� 23 7� << , . _ ,� - iI 4 ' . u�•� Ynar , �� 00 .N At. - �t' II AG t' - � 4 �1�� I�'w'�)�• �1�1�� lO 11�• 'l��e .�:Ili � ��• M � ea ., ... . . .. . ___ . � . � __._ � f ��•t!'I . ��1�• .� ....s�'��—�� '__� .—..�. � �......._... ..._.. '�_ �n �ri�� ' " .. ... ...____'� ........_'_ . i��.�s � 1�. Ii��1 � . . i M�. : . . . . ,I� -��i�C• ��i� � � Ii11t .�..w 5��'�•'1�.'[ {ui)) 1f f��'• .. .. � J'� Lf, G(1f1 I / � �.:_.: _.__ __,.. .. . . , .. . � � . . _. . ' . . � . . . . � —_.___ ..._:_._ —_- . ._l Juzy� �9, 1983 �,��:�� • F'�V ' Ci t,y' o f Ti�a�d ;; ,� F'� 127�5 SW Ash ••� ��r �U ^ Tigard, Oregon 97223 �`ji'��j .��Y /�,q�;� , i Geatl'eraen• T am res�ondi�g �o youY� lett;er of July �2, 19&3, con- � cer�iag �he 2oMe change on Noi^th Uakota street from R20 to R 10. +' The request for charx�e is onl.y to correct an error vre made in � our orig�.nal petition: `t'he in�en� af the zone c:hange is to a11ow �� the owrsers of` pronerty that h�s direci; aecess to idorth llakoita to create buiYding lots that are of comparable size to the existiag lots along IJorth Dakota. °. I do no� plan to cx�eate any lots �thai; require either '' flag lots or dedication of right of wayF. I believe the proper time �o discuss right• of way is when one of the� property o�mers wishes to partitiom land in a man.ner that will require '� dedication for access and utilities. T�e burden. af �rroviding access is, iz� my u�tderstaadiag, to be borne by �hose who wish to partition �heir land�, ar�d rra� by their ne��hbors. I aequest that y�ou _r�ot delay our pet�.tion any lor�ger, and process it t��ough the P1�n Cammtssion and C�ty Council �. , S�acerely, ��'�-�-c�� `ti', R��hrard W�. Boberg io66� sw 1r Da�c:o�a , �. , ; , ., Tigard, Oregon 97223 � ; � : � I� { � � - STAFF REPORT AG�NDA ITEM 5.5 AUGUST 23, 1983 - 7;30 P.M. �'IGARD PLANNING COMMTSSION TIGARD SCHOOL DTSTRICT ADMIN. BLDG. BOARD ROOM 13137 S.W. PAGIFIC HWY. , TIGaRD, OREGON A. FINDING OF FACT 1. General Information CASE; Comprehensive Plan .Amendment CPA 8-83 NPO ��1 Zone Change ZC 11-83 REQUEST: The applicant is requesting a Comprehensive Plan Amendment from medium density residential to high density residential, and a Zone Change from A-12 to A-40. CUMPREHENSIVE PLAN DESIGNATION: Medium Density Resadential ZONING DESIGNATION: A-12 (PD) RECOhII1ENDATION: Based on staff's analysis of applicable planning polbcies and existing land uses, staff recommends that the Planning Commission. recommend to the City Council denial of the proposed Comprehensive Plan Amendment. APPLICANT; Richard N. Sturgis OWNER: Same 2215 SW Sunset Blvd. Portl�nd, OR 97201 LOCATION: 13335 SW Hall Blvd. (Wash. Co. T�.x Ma� 251 2I3A, Tax Lot 702) T.,OT AREA: 1.6 Acres NPO COMMENT: No written comment had been received at the writing of this report. PUBLIC NOTIQES M.A.ILEll: �ao notices were mailecl. No written camment had been received at the writing of this report. '� 2. Backgroun.d On November 25, 19$0, the Plannin� Commission approved a Can.ditional Use reque�t for a Senior Living Cenrer in an R-7 zone. (CU 13-�0) On January 26, 1981, the City Council approved a Comprehensivs P1an Map Amendment to create a specifia zone, i.e. A70/80 multi-unir home for the aged. (CFR 1-80) 3. Vicinit� I�ciformation The surrotYnding land uses are as fol.lows: Fanno Creek and dedicated vacant/park land ta the north. A church compYex exists to the south. Hall Blvd. and single family residential to the east, and Senior Citizen Recreatiori Center and vacant land are to the west. 4. Site Znformation There is an existing single family house on the subject site. The lot is covered wit'h big trees. The northern portion o€ the site is in the floodplai,n area. B. APPLICABLE PL�ANNING POLICIES 1. Comprehensive Plan PoliciFs 2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN INVOLVEMENT PROGRAM AND SHALL ASSURE THAT CITIZENS WILL BE PROVIDED AN OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. All owners of record within 250 feet of this site were notified by mail on August 12, 1983 of the application request. A notice was published in the Tigard Times. 2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES IS AVAILABi,E IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITIZENS. A,11 inter�sted parties are given at least 10 days to comment on application requests and are eneouraged to do soe In addition, the planning staff is avazlable on a r.egular basis to answer any questions on specific applications. 6.�.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FQR A DIVERSITY OF HOUSING DENSTTIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND RENT LEVELS. 12.1.1 'THE CITY SHALL PRUVIDE FOR HOUSING DENSITIES IN ACCORDANCE I WITH: a: THE APPLICE�BLE PLAN POLICIES. b. THE APPLICABLE LOCATIONAL CRITERIA. I c. THE APPLICABLE COMMUNITY DEVEI�OPMENT GODB PROVISIONS. The locational criteria ta be considexed in determining a change to high density are as follows: Medium-High and High Density Residential A. The following factors wi17; be the determinants of the areas desi�nated for high density on the plan ma�: STAFF REPORT - CPA 8-83 & ZC 11-83 - PAGE 2 '� - (1) Are�s which are not committed to low density development. (2) Areas which can be buffered from 1ow density residential areas in order to maximize the privacy of established 1ow density residential areas. (3) Areas which have direct access �rom a major collector or arterial street. (4) Areas which are not subject to development lirnitations. (5) Areas which the existing facilities have the capacity for additional �evelopment. (6) Areas within one quarter mile of public transit. (7) Areas within one quarter mile from neighborhood and general commercial shopping centers or business and office centers. (8) Areas adjacent to either private or public permanent open space. . The property is zoned medium density residential with an existing singie family house on the site. There is a Tri Met bus stop on Hali Blv�. , appxoximately 100 feet from the subject site. The property to the north has been dedicated tr� the City as park land, however, �ubstantial amount of the subje�t site (to the north) is stiLl in the Fanno Creek floodplain area. 2. Tigard Municipal Code Comprehensive P1an Amendment - A11 of the requirements of the Tigard Municipal Code have been considered in review of this application. C. CONCLUSIO� The proposed Comprehensive Plan AmendmenY. does not meet applicable plan palicies and locatianal criteria. D. RECOMMENDA`TION i Staff recommends denial of the request for a Comprehensive Plan .Amendment to high dens�.ty, based on the following: 1. The proposal does not satisfy elements 4 and 6 of the locational criteria: a. Substantial area of the property to the north is located in the 100-yeax floodplain area and as such City policy states that: STAFF REPORT - GPA 8-83 & ZC 11-$3 - PAGE 2 3.2.1 THE CITY SFIaLL PROHTBIT ANY LA�D FORM ALTERATIONS OR DEVELOPMENTS IN THE 100-YEAR FLOODPLAIN WHTCH WOULU RESULT IN ANY RISE IN ELEVATION OF THE 100-YEAR FLOOAPLAIN. 3.2.2 THE CITY SHALL: a, PROHIBIT LAND FORM ALTERATIONS AND DEUELOPMENT IN THE FLOODWAY*, EXC�PT ALTERATIONS MAY IiE ALLOWED WHIGH PRESERVE OR ENHANCE THE FUNCTION AND Iy1ATNTENANCE OF THE ZERO-FOOT RISE FLOODWAY*; AND b. PROHIBIT LAND FORM ALTERATIONS OR DEVELOPMENT IN THE FLOODPLAIN* OUTSIDE TH� ZERO-FOOT RISE FLOODWAY* EXCEPT AS FOLLOWSt 1. LAND FORM ALTERATIONS SHALL BE ALLOWED WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT RISE FLOODWAY*. b. There is no neighborhood and/or general commercial shopping center in cluse vicinity. The shortest distance between the site and a fa�cility is approximately one-half of a mi1e. 2. The proposed Comprehensive Plan Amendment will allow for a density that would be incompatible with the character of the surrounding areas wha�ch include single famzly residential to the south and southwest, and medium density to the west and east. RECOMMENDED MOTION Should the Planning Commission agree with staff's recommendation, the following motion ma.y be made: "Move for recommendation to City Council of denial of the applicant's request for a Comprehensive Plan tlmendment from Medium llensity ta High Density residential." NOTE: Should the Planning Commission not adopt staff's rec�ommendation, findings will have to be adopted with the motion. �1,...,..A �s�, " ' ' � � � PKEPARED BY: S. Hamid Pishvaie A PROVE BY; x a A. Monahan l�ssistant P�anner Director of Planning & DevelopmenC (S�iP;pm/0139P) STAF'F REPORT - CPA 8-$3 & ZC 11-83 - PAGE 3 � , . . W � � ) �;;�,;� 0 N O � � ' 0 E00 � 3pe.o � � B.03 Ac. s , 5?B�55 W � s 99° � � . . . 9� .,,2 . v3, F . w F �T�.S �1 r 5T9o4i� �N NQ o � T o < Z STg°15'N p`�!�,c`�Y � 7�0 � S,OBAc. � 23-74 � i z� .� ► J i Q � � _ ( x< . � I : �• � _ �,�� _ � `'e �02 U /.60Ac. N � . s�8oss,E • uo.sz . � �: .�rT � : , �� .,.: ��:�,, _ . _ tiz_� p . �;, ,. ? - � ' • . FAiy�_ . . , S ° �' � 701 3.6BAc. _ U b O . �p . ,�'" �� -� �,,., � , � � � N N N � M N ; jry N W O . y� � . - �' O . . N � N Z N O O N I TERM.C.R. 67 8 CH. �— S.iN: OMARA �.R;ss7 STREET sxa.o ; SEE MAP ao ,. � . . 40 2S 1 2DD � __ : � ., � y ��1�� NARRATIVE FOR A SENIOR CITIZEN RESID � �„�`..� '� .ru�.y �.o, 19s3 J U L �l.�'� 19�3 xzsTORY Cl�f'Y OF TIGNkD pI�-lNNING D�PT. Xou may ask the question, why am I involved with this kind of project? I was raised in Tigard and my Mother and Dad, who are senior citizens are sti11 living here. T recognized a coming need in their lives and others like them, for a senior community environment, one where everything the senior needs is within close proximity, walking distance, � car becomes a non-necessity. My Mother has Parkinsons Disease and can no longer drive. My Father was told by his doctor last week that with his heart condition, he should no longer be driving. I'm sure there are many senoirs with similar kinds of infirmities. This site, with the senior citizen recreation center next door, and adjacent to the pa�k dedica'tion and the Tigara Ghristian Ghurch, on a busline, make this an ideal location for a senior community environment. T'm sure that it was f�r these compelling reasons, the good judgment of the N.P.O. �f1, the council and the Planning Gommission that led to the approval of this project almost two years ago. As a result of those approvals, I now own this �roperty. The purchase was contingent upon those approvals. _ I then hacl a conditional use approval to build a 76 unit project, a density of about SO �units per acre. The cities planning director then informecl me that he wanted the conditional use to be changed to ATO/80 which would allow up to 80 units per acree I agreed to this even though it did not alter my plans for tl�e lower 50 unit per acre density. I am told by one person at City Hall "you had your opportunity, you didn't get a project started". I would disagree with that statement. Preparing plans, meeting with senior citizens, with lenders, with market specialists, with appraisers, with city officials, with highway department officials, with fire department officials, preparing construction estimates, is certainly more than a start. The recession, however, dictated that the project would have to wait • for the return of lower interest rates. i In December of 1982 and again in March oi 1983, S contacted Liz I Newton to determine the progress of the comprehensive plan and ' specifically asked the question "will the comprehensive p'lan have any negative impact on the ATO/80 zoning of our property. I was told no, I have nothing to worry about. A few weeks later I was told by the same person that the property had been down-zoned to 12 units per acre. 12 units per acre will not support this project. I am cognizant of the city's ]:egal right to do�,rci zone without informing the land owner, but if the citq places any value on fair and just treatment to its citizen, then there must be a commitment beyond just staying within the law. There must be sensitivity to and • �� ,. 2 ,. s�_ � . and responsiveness to the needs and rights of every citizen. This kind of project affords Tigard the opportunity to take a leadership role in f�.rst recognizing and then responding to the needs of senior citizens with a state of the art, senior community, one that ather communities wi11 seek to emulate. The existence of th.e senior recreation center is certainly an excellent first step in t11at direction. REF'LE�TIONS ON A RECENT MEETING WITH N.P,O. ��l I attended N.P.O. ��l regularly scheduled meeting in which the senior residence project was ��1 on their agenda. Those in attendance were, the chairman, one member and one prospective member. Concerns expressed �were as f�llows: CONCERN l. ESTHETIC IMPACT OF Ei 3 STORY STURCTURE Re�ponse - I designed the building to nestle among the trees. Existing foliage is much taller than the proposed 29 feet structure and woizld screen it from the street view. This structure would be no taller than the house that presently exists there, no taller than the church next door to the south, and no taller than the barn to the west. CONCERN 2.. ADDDITIONAL TRAFFIC GENERATED Respan�e - Currently the traffic volume on this portion of Hall B]_vd. is about 8600 cars per day. The presence of this facility would increase the current traff_ic volume by something less than 1%, which would be imperceptable to those residing in the area. Considering allowed uses within this ceritral business district designation, this would be one of the most compatable uses. CQNCERN 3. "N.P.U. HAS ALBEADY MADE UP TIiEIR MINDS, WHICH IS RETLECTED IN THE COMPR.EHENSIVE PLAN - WHY SHOULD THEY CONSIDER A CHANGE?" Response - If this is a valid concern, then it makes a mockery of this whole process. CONCERN 4. THI� PROPERTY WAS TO SERVE AS A BUFFER BETWEEN HIGH DENSITY TO THE NORTH AND LOW DENSITY TO THE SOUTH Response - The church and the senior recreation to the south are alrearly in. place and provicle a natural open area buffer between high and 1ow density. It would seem that N.P.O. �f1's concern here is misdirected at this project. Their concerns would have been better directed at those who established the boundaries for the central bizsiness district. The concept of low density within the relatively small central business district seems contradictory. * ,�., 3 ,,. `ti�;,v ;�, SUMMATTON The Tigard City Counci'1 and Planning Commission should support this project for the following reasons-: ' I. It provides a contin,uation of the caring image demonstrated with the establishment �f the senior recreation center. 2. It is highly compatable with surrounding uses. 3. It will m�et a i�eed in the community for senior citizens. 4. It was already approved once and the only thing that has changed is an arbitrary boundary that was established , between high and low density. 5. To suppor�t your credibility with lending institutions and potential future developers of projects in Tigard. 6. It will provide additional tax base for needed community proj ects, August 22, 1983 Planning Commi.ssion City of Tigard �'igard, O� 97223 • RE; CPA 8-33 and ZC 11-83 - Sturgis Presi.dent Tepedino and Fellow Cnmmissionerst Please accept thi:s letter as my testimony concerning the subject agenda item, I. am a resident of the NPO I area and a member of the Tigard Christian Church whose property adjoins the subject parcel. As such. I: have followed this land use proposal for some time. I am of the opinion that the b�st use of the properties to the south of Fanno Cr.eek is mediurn density residential. Much concern h:as been expressed about appropriate buffering of high, density residential and/or commercial use� from the lower density residential areas. In this portion of Tigard �ve have a natural buffer in the form of Fanno Creek and the adjoining park lands. It would be a shame to place high density uses betwesn the natural buffer and th.e I.ow density residential areas to t1i.e south. Another reason for denying this request is that a po�ation of the land is located in the 100 year flood plain. Because of thss li..:.?�ica�ion, this property does not meet locational criteria �umber 4. A third reason for denial is that the subject property is too far fr�m a nei,'r.�hborhood or general shopping center. With Hall Boulevard in its present condition and the distance involved, walking to shopping areas would be difficult at best. I would encourage you to support denial of this request. Sincerely, �z�� Phil Edin i �: r. � _ � _ _ _ _ AGENDA ITF..M 5.6 MEMORANDUM August 19, 1983 T0: P3anning Commi:ssion FROM: Planning Staff�� SUBJECT: EESE Goal 5 Resources, Agenda Item 5.6. In the spring of 1983, the planning staff with the help of students from Portland Community College, conducted a thorough f.ield study to evaluate sites in Tigard's Urban Growth Boundary which meet Goal 5 guidelines. Goal 5 reads as followss GOAL: To conserve apen space and protect natural and scenic resources. Programs shall be provided that will: (1) insure open space, (2) protect scenic and historic areas and natural resources for future genrations, and (3) promote Yiealthy and visually attracrive environments in harmony wi.th the natural landscape character. The location, quality and quantity of the following resources shall be inventoried: a. Land needed or desirable for open space; b. Mineral and aggregate resources ; c. Energy sources; d. Fish and wildlife areas and habitats; e. Ecologically and scientifically significant natural areas, including desert areas; f. Outstanding scenic views and sites; g. Water areas, wetlands, watersheds and groundwater resources ; h. Wilderness areas; i. �listoric areas, sites, structures and objects; j. Cultural areas; k. Potential and approved Oregon recreati�n trails; 1. Potential and approved federal wild and scenic water.ways and state scenic waterwaqs. Where no confl�.cting uses for such resources have been identified, such resources shall be managed sa as to preserve their originai character. Where conflicting uses have been S.dentified the economic, social, environmen�al and energy consequences of tl�e conflicting uses shall be determined and programs developed to achieve the goal. Attach�d is the staff's analysis 'of Gaal 5 rPSOUrces. Each potential site is identified and described in relation to Goal 5. In addition, a staff recommendation is included for each site. STAFF RFCO�'IMENDATION; The Planning Commission should review the information submittPd by sf:aff, hold a public hearing on this issue and forward a recommendation to the City Council.. ^�t►e Planning Commission may delete sites recommended by staff ar add sites staff has omitted which meet the Goal 5 guidelines. STAFF REPORT - AGENDA ITEM 5.6 Page 2 LCDC Goal ��5 Analysis OAR 660-1fi-OD0 deals with the implementation of Statewide Planning Goal �k5 - Open Spaces, Scenic and His'toric Areas, and Natural Resources. There are various steps that must be folLawed in meeting the goal. This section will deal with these steps, summarizing the findings, conclusions, and actions of the toCal plan. Resource Inventory. The first step is the inventory of resouxce within the Tigard active urban planning area. Of the required items for inventory, the following are found in the study area. � � 1. Land needed or desirable for open space. This includes thP areas within the 1�0-year floodplain and greenway of Fanno Creek. 2. Fish an.d wildlife areas and habitats. This aiso includes the Fanno Creek i00-year floodplain and marshland. 3. Ecologically and scientifically significant natural areas. Little Bull Mountain is a part of this inventory. 4. Water areas, wetlands, watersheds and groundwater resources. The pond and ' marsh adjacent to Park 217 would be included in this inventory. 5. Historic and Cultural resources. Part of this inventory would include the Tigard Grange and the John F. Tigard House. Significant, Outstanding or Needed 7'he resources li.sted in, this inventory are det�ruiine�i ta significant, - � outstandi d eeded related to the overall develo ment of Ti ard as�diverse n an n g P g community. It is the determination of the Gity through this Goal ��5 .process that these resources are of great value to the community an!d should be preserved, or preserved to some d,egree. Conflict`Analysis For- each of the resources identified' worthy of some degree of protection, there is a po'tential of conflict for other uses. Potential conflicts includes 1. Loss" of the resource through conversion of the area to a developed resxdential, commercial or industrial use; for example, the cutting of trees, the filling of a marsh area or the d'emolition of a historic structure. 2. Creation of adj,acenG activities that would degrade the resource areasa In particular, this involves the potential of uses adjacent ox near to the resource that would disrupt or jeopardize the viabiliCy of that resource. Ec�nomic, Social, Environmental and Energy Consequenee Analysis Where there is a conflicting use, or the potential thereof, an analysis af the ' conseque�ces or ea�h o€ the factors {Ecanomic, Social, Environmental and Energy) must be made. 1. 7he ec�nomic impact of protecting the resource is directly related to the loss, of potentially developable land. For example, it would be almost impossible to utilize some of the parcels, or portions thereof, in the fioodplain for any type of development due to the cost of fill and Qngineerin�, There should be no adverse economic impact from the area's � preservation. The woaded areas on sPVeral resource sites will have an impact on the eharacter and intensity of the use allowed. The trees, h�wever, can be incorporateci into required setback and landscaping areas without much loss of net buildable area. 2. Some of the resource areas inventoried have significant social itnpact. This could be due to the historic or cultural nature of a si.te, educational significance because of unique natural characteristics and/or their proximity to schools, i.e. the marsh just north of Fowle.r Junior High. The wooded areas will be of special significance when the residential areas become heavily developed. These wooded areas will be important breaks or bu.ffers in the reside�ltial areas. The loss of these areas would be of considerable social harm due to their unz.que natural value, environmental significance and community beauty. 3, Environmental impacts would be great if natural areas were not preserved. The trees provide an important visual buffer or break as well as providing for wildlife habitats. Some of the areas within the 100-year floodplain of Fan;no Creek have outstanding educational and recreational ��Y� value. �a�e- destruction would cause irreparable a.mpact on the cammunity and environment. 4. There are no known energy eonsequences of either using or tiot u5ing the .. � _ .. . : � . . . . . . . � � , . . .� . . . .. . � � ...�� i . .. . . .. . . . . . . . � . . . . . . � . . . . . . . . - . . . , . �I resource arPas, o,th:er than the £act that wiGhout these the memb:ers of the Tigard` commun�ty could potentiaYly have to drive somewhere else in order to enjoy such amenities. Program Decision `There are several actions that will be taken to preserve these r.esources. 1. T1�e significant wooded areas are ic�entified and mapped. The policy of the City's comprehensive plan. is that these areas will be preserved in a natural state as much as possible or integrate into the design of any development, i,e. parking lot island, building setbacks, street rights—of�-way and landscaping areas whenever possible. It is necessary to remove a portion or all of the trees, the replacement landscape features shall be subject to approval by the applicable approval authority. 2. Historic structures and cultural sites are placed with the Historic Overl.ay District (HD) which prescribes standards and procedures for deveTopment within each (HA) area. The pur�ose of the standards and procedures are to preserve the structure on site, whenever possible, and ensure that any development within the district is campatible with the 0141 character of the district; � arch,itecturally � thraugh the overall site plan. 3. Areas designaCed for •resident'ial and within the Fanno Creek 100-ye�r floodplain are protected from development encroachment and will be preserved fox greenway, open space and recreational uses. These safeguards are specifically ac�dressed within policy language of the comprehensive plan and within the Sensitive Lands Overlay chapter o� the Tigard Community Development Code, Some of the area desi.gnated for commercial or industrial�thin the Fanno Creek 100-year floodplain will accommodate development provided that they meet the applicable planning policies and the requirements set forth in the Sensitive T.ands chapter of the Tigard Community Development C�de. 4. The provisions o€ these poliries and ordinances will be implemented administratively by the City sraff and through the Hearings Officer, Planning Commission and City Council. Little Bull Mountain Natural Forest The Little Bull Mountain natural foxest area located on the west side of Little Bull Moun�ain was determined to be a significant Goal �k5 resource as an outstanding scenic site. The size of the treed area includes approximately 24.9 acres. Tne wildlife within the site is limited to small hirds an3 animals. Th�e major significance of this area is its visual im�acC viswed from many vantage points within Tigard< This area is the largest stand of nature coniferous trees within the Tigard active urban planning area, and, therefore, serves as a City visual landmark. The Comprehensive Plan designates this area a Low Density Residential �1--5 uniGs to the acre) with a Planned Develo�ment overlay zane required af any type o£ residential development. If the resource is preserved, it will be necessary to situate any structures in manner that minimizes the lo�s of the trees. 1fie l.and also has economic value. Given its proximity to Pacific Highway and adjacent residential areas and its topography, the land does �.end itself to a low density resiclential use. Zhe staff recommendation for this site is to limit conflicting uses. The limited conflicting uses allowed wi11 be single family deGached residential units, reviewed throu�h the Flanned Dev�elopment process, and community recreation reviewed through the Conditional Use process. Both of the processes listed in the Community Development Code tnave standards which review the removal of any major vegetations. In addition, the Tree Removal cha�ter of the CommuniCy Development Code that pY�otects major vegetation on undeveloped Iand. Summer Creek Floodplain and Riparian Forest The Summer Cre�k floodpl�in and riparian forest were determzned to be significant Goal ��'S resources as water areas and wetlands, fish and wildlife habitat, and as an open space/recreation site. The size of the 100--year flaodplain is approximately 2.y acres. This swamp/marsh zs the only one within the Bull Mountain Area, and i$ an extension o€ Che similar ecosystern west of Scholls Ferry %ad. The combination of eieciduous swamp and coniferous ' upland vegetation is especially valuable as divexse wiLdlife habitat, according to Mike Houck, the wildlife biologist who surveyed sites for Washington County. He called the site an "important wetland,01 one of the three most important wildlife sites in the Bull Mauntain area, Summer Creek is the only major tributary basin of Fanno Creek which has not be substantially urbanized, and wetlands such as this will serve an even more impartant function in purifying water as the basin is developed. The Comprehensive Plan designates the site as Medium-High Density Residential (13-20 units per acre) which might conflict in some ways with preservation of the Goal ��4 resources. If the resources are presexved, there may possibly be a loss of buildable land, fewer dwelling units, and additional development costs; on the other hand, land and amenity values might be enhanced, dwellings might be buffered .from road traffic and local o en s ace enerated, If the , P P g conflicting use (Medium-High Density Residentia�, 13-20 units/acre) is allowed unaltered, there may be loss of wildlife habitat, lower water quality, and additional costs of modifying the floodplain. The staff recommendation of this Goal ��5 site is that the floodplain and i�nediately adjacent riparian upland be preserved in their natural condition, includin� topography and vegetation. Density transfer from the site will be allowed up to 25� of the density allowed on buildable land (non-floodplain). Parcels containing any of the site will be required to develop under Planned Develo,pment �rovisions of the Tigard Community Development Code. Krueger Creek The unnamed stream which flows north across this area and into Summer Creek was determinPd to be a significant Goal �k5 resource as a waterway, wildlife habitat, and open space/recreation site. Though not an especially outstanding resource, tl�e creek provides, with its narrow stri� of �atural vegetakion, the � _- _-_ _ _ _- kind of small-scale natural features that can markedly soFten and buffer the impact of urban development. As wildlife habitat in particular, it would be retained as an important corrido�, and woul.d also heip minimizs the water pollution impact of urbanization. The image is one of small children piaying with frogs along a waterway fringed with shrubs and trees. The Comprehensive Plan designates the site as Medium-High Density ResidenCial (13-20 units per acre, except 6-12 units on the south), which might conflict in some ways with preservation of the Goal �F'S resources. Tf these resources are preserved, there may possibly be loss of buildable land, fewer dwelling units, additional development costs, enhanced amenity values, and local open space. If the conflicting use (Residential) is allowed, there may be loss of wil�llife habitat, lower water quality, and additional costs of deWelopment and maintenance for structural drainage management. The staff recommendation for this Goal ��S site is that the waterway and ! immediately adjacenk riparian upland (a minimum 25' on each site) be entirely preserved in their natural condition, including topography and vegetation. Density transfer froffi the site shall be allowed. Parcels containing any of the site shall be required to develop under the provision of Planned i � Deve�opm��n+t. i 4' . � _ Summer C�reek Floodplain and Riparian Forest East of S.W. 135th Avenue The Summer Creek floodplain and adjacent riparian forest area was deterrnined , to be a signifi.cant resource as water area and wetlands, fish and wildlife habitat, and as an open space/recreation area. The area within the 100-year ' floodpl�in is appraximately 9.43 acres. This area is a coneinuation of the Summer Creek environment west of S.W. 135th Avenue, and may or the same attributes are found in this area. Tt►e Comg.rehensive Plan Map indicates that this area is Medium-High Density Residential (13-20 units to the acre), which might conflict in some ways with preservation of this area. According to policies 3.2.2 and 3.2.3, residential development wi�hin the 100-year floodFlain area is not permitted which creates a possible l�ss of potential buildable land. Density transfer, however, is permitted up to 25�6 of the area within the 100-year floodplain. If the conflicting use (Medium-High and Medium Density ResicienCial) is allowed within the resoarce a.rea, there may be a loss of significant vegetation, wildlife habitats, lower waker quality and adrlitional caasts of modifying the floodplain. The staff recommendation for this resource area is that the land within the 100-yesr floodplain ana r_he immediately adjacent riparian upland be preserve� in their natural condition, including topography and vegetation. Tigard/Tiedeman Fanno Creek Marsh and Fioodplain The Tigard/Tiedeman matsh and floodplain site is located south of Tigasd Street �nd west of Tiedeman Avenue. Ths size of this marsh area is approximately 8.7 acres. Zhis area was determined to be a significant . . rPCnurc� eri¢�aallv it� 1477 _by__a__ State Fie1d Biologist as a significant wetland area. Since that time, no development has occurred within the marsh area and the City has still determined it to be a resourc�. There exists, however, various types of development adjacent to the area. Directly to the east of Fanno Creek and the marsh area, there axe single family and dupLex residential units. Tu the southwest of the m�rsh area 1iPS Fowler Junior High School. There are two or three activity fields that separate the school from the marsh area. 1 ,As a fish and wildlife habitat area, it could be retained aN an educa�tion�tool for the community, and school system, especially due to its close proximity to Fowl;er Junior High School. The Tigard Comprehensive Plan designates this area as Medium Densiry Residential (6-I2 units per acre) although almost all within the 100-year floodplain. P�licies 3.2,2 and 3.2.3 prohibit residential development within tk►e floodplain area which facilitate the preservation of this marsh site. Density transfer from the site will be allowed up to 25% of the unbuildable area (marsh and floodplain). The staff recommendation for this resource site is the marsh area and floodplain area adjacent to the marsh be preserved in their natural state, ic►cluding kopography and vegetation; excluding a pedestrian/bike�ath through I or adjacent to the area, Arty marsh or floodplain development would be required to be reviewed in accordance with. the standards nf the Sensitive Lands chapter. Tualatin River FLoodplain West of Cook Park 'This area of the �alatin River Floodplazn has been determined to be , significant resource as a water area and a.s open space/recreation area (addition to Cook Park). The size of this resource site is appraximately 33'.4 acreso This wooded and grassy area connects the floodptain area with Cook Park as an extended greenway. To date segments of the pedestrian/bike path have been constructed to the west of this area, and it would be continued through area as adjacent development occurs, connecting to Cook Park. Tt►e Ti,gard Comprehensive Plan designates this area as Low (1-5 units per acre) and Medium �6-12 units per acre) Density Residential. Since residential a t e is not ermitted within the floodplain �policies 3.2.2 development of ny yp P ax�d 3.2.3), this area can be exempted from conflicting development. The staff recommendation of this resource site is the floodplain area should be preserved with limited conflicting uses within the area. These conflicting uses would include park and pedestrian/bik� pathway related uses. The Sensitive Lands section of ths Cammunity Development Code establishes the standards by which any park related cievelopment within the floodplain would be reviewed. Fanna Creek Pa�rk/Main Street This area within Tigard's Central Business District along Fanno Creek has been determined to be a significant resource as a water area and needed open space for recreation purposes. This extends from Main Street on the north to Hall Blvd. on the south and includes approximately 32.5 acres. � This axea is needed for open space for two reasons: 1) It will provided for a _ _: _ _ variety of nesded park uses in an area of Tigard where park uses are not readily available, and 2) It establishes an ogen space buffer betwee� residential and commercial: uses. The park and open space will be developed in two distinet phases. The acti�re park area is between Ash Avenue rightrof°way and Ha11 Blvd. Zhe remaining park area-will `be developed as passive open space in conjunction with the Main ! _ Street development project. Bo�h of these park plans and developments have ' been adopted by the City Gouncil. The Comprehensive Plan for the City designates these areas as Central Business jYt(r�1.4� District; useSwithin this designation, which include park uses, might�'if the area was ,preserved in its natural condition. Limiting the area only to its natural condition would retard the economic viability of the downtown core. In addition, prohibiting conf.licting uses ' could also limit the City`s ability to alleviaGe existing and potential inereased flooding problems due to the circui.tous route of Fanno Creek. � 'I�e staff tecommendation for this resource site is to allow for eanflicting uses, park and commercial development in accordancs with the adopted City Council plans. I � :- - — _ — , _ _- . Fanno Creek N"orth of Narth Dakr�ta The Fanno Creek floodplain north of North Dakota was determined to be a significant wetland and water area and open space/recr�ation resource. The resource includes the 100-year floodplain area directly north of North Dakota north to approximately the Black Diamond subdivision area, approximately 36.3 acres in area. This marshy area serves as a buffer between the residential areas on the west and the industrial areas east of Fanno Creek and also supports a wide variety of wildlife habitats, according to a number of residences thaC live adjacent to this area. Z'he Tigard Comprehensive PLan designates the area to the west of Fanno Creek as Minimum Density Residential (6-Z2 units per unit) while the area east of -- - --~ -`- the creek is designated as Light Industrial. Due to the requirements of palicies 3.2.2 and 3.2.3, nn residential development can occur within rhe 100-year flaodplain area. Industrial development may uccur within the floodplain if the requirements of the Sensitive Lands chapter of the Tigard Community Development Code are met. These standards ase clear and concise and require that the functioning capacity of Che floodplain be retained and no �dd' adverse � of �,o w r�s`C G� impacts occur as a result of the development. In addition�, vegetation must b.e ins�talled to restore the floodplain/greenway characters of the resource as w.ell as visual screex�ing for the residences or the west side of the creek. it is the City's contenti�n that due to the irre ulax sha ed industrial land P P in this area, it may be necessary to partially devetop portions o� the floodplain in order to adequately accommodate industrial development. In additian, the railroad already traverses the industsial area which also decreases the desire for the City to preserve the entire east side of the � -- ------ creek. The staff recornmendation for this Goal ��S resource area is to limit confliating uses on the industrial side af the cresk, plus any pedestrian/bike pathway that may be required with this seetion of the floodplain/greenway area, plus any necessary channel work for Fa�nno Creek to alleviate existing � and potential increased flooding along Fanno Creek. � . Residential d'evelogment along the west side of the floodplain wuuld be prohibited. Ttaenty-five pereent of the density on the unbui,ldable land may be transferred to the buildable portion of the land for develapment purposes. Fanno Creek Ha.11/Bonita - Bonita/Dur.ham The Fanno Creek floadplain south of Hall Blvd. and north of Bonita Road was considered to be a �ignificax�t waCer area and open space/recreation resource. The resource includes the land within tiie 100-year floodplain, ap�roximately 50 acres in srea. �s majority of the floodplain area south of Hall Blvd. ta about the Bonita Firs development is heavily wooded and �rovides an excellent buffer €or Che residential areas along the west and south sides of the creek. �ight Jndustrial designated areas barder the creek on the north and east sides. Besides serving as a buEfer, the wooded areas also support a wide variety of small birds anid animals. � Residential development within the 100-year floodplain is prohibited in accor�ance with policies 3.2.2 and 3.2.3 of Tigard's adopted Comprehensive Plan. Although if additional residential deve�opment does occur adjacent to the floodplain/greenway area, a pedestraan/bike pathway would be required to the development, in accordance with the standards set forth in the Sensitive Lands chapter of the Community Development Code. Zhe areas adjacent, and in some cases within, the 10�0year floodplain are have been determined to needed and desired industrial development sites, which are vital to maintain Tigard's strong commercial and industrial economic base. � These sites are abutting railroad tracks and have easy access to colleckor and arterial classified streets. The need to develo� these sites may, in �ome � � � � instances, require a portion of the floodpLain area to be altered in order. to adequately accommodate the devel�pments. Any such proposals would be reviewed :; in accordance with the standards set forth in the Sensitive Lands chapter of the Co�unity Development Code, to ensure that there would not be any adverse impacts as a result of any such development. The staff recommendation for this resource area is to limit conflicting uses on aZ1 areas within the floodplain that are designated for residential uses. � � Zt�e limikation would include any pedestrian/bike pathway that may be required of development, plus any necessary channel work along Fanno Creek to alleviate ',I� I existing and potential increased flooding along Fanno Creek. .Actual residential development within the floodplain area is prohibited in accordance with policies 3.2.2 and 3,2.3. �enty-five percent of the density on the unbuildable porzion of the land may be transferred to the buildable portions ' of the land for development purposes; provided all of the applicable Code requirements are meto On areas designated for industrisl uses within the floodplain, conflicting uses will be allowed fully in accordance with policies 3e2.2 and 3.2.3 and the standards set forth in the Sensitbve Lands chapter of the Community Development Code. Ravine 108/113 Tualatin� Floodplain This resource area is actually part of the Tualatin Floodplain area, yet has a setting much unlike the normal floodplain area. It has, therefore, been considexed to be significant open space and water shed and wetland area; and it includas all of the land designated as floodplain, approximately 35 acres. This low lying area is primarily covered with deciduous trees and underbrush with a few marshy areas. It provides a habitat for a variety of sma11 animals and birds while providing a unique open space resource. In some of the areas, the property owmers have maintai�the area as 1awn. This natural area also functions as a drainageway primarily �uring the months of higher water cancentration. Many of the slopes going into the area exceed 15X, and adjacent to the mobile home park the reinforced slope� are a minimum of 25 percent, The actual floodplain area is less a�ea than the en.tire resource area. The Tigard Comprehensive Plan indica.tes that the areas surrounding thi� '' resource will be developed for Low Uensity Residential uses �1-5 units per aere), except for the mobile home park which is already developed at a Medium Density Residential use �6-12 units per acre). These uses may conflict in some ways wi�h the p_reservation of this resource. If the entire resource is �,v�� preserved, there may be a possible loss of buildable'�' fewer dwelling units, and additional development ctrsts; on the oGher hand, land and amenity values might be enhanced, dwelli�igs buffered from other dwellings, and lc�cal open apace generated. If th� conflicting use is aliowed unaltered, there may be a loss of wildlife habitat, lower water quality, and additional costs of modifying the area. The staff recommendation for this Goal ��S is that the floodplain and rhe entire ravine area below the foot elevation mark be preserved in their natural condition, in�luding topography and vegetation. Density txansfer from the site will be allnwed up to 25X af the density all.owed within the resource area. Parcels containing any of the resource site will be required to develop under an approved Sensitive Lands permi.t and the standards set fosth in the Community Development Code. Durham Elementary School The Durhasn Elementary School was determined to e a significa:nt historic structure. The school site size includes 5.59 acres. As now part of the Tigard School District 23J, the Durham School was erecGed in 192Q. In 1951, an additian was aaaea to the £acility which now houses classes to the sixth g�ade. In addition, this school house is the only remaining institutional land mark in the southeastern portion of Tigard. Efforts are continuing to I place the structure on the National Historic Register. ' The Comprehensive Plan Map indicates the site as Yublic/Institution. The designation would prohibit conflicting uses on the site Co public or institution, therefore, no other residential, commercial or industrial uses would be permitted on the site. � _ - --- _------ --- The Commu�nity DevelopmenC Code includes a Historic Overlay District (HU) which as placed on he schonl si-te -property. This overlay district requires any developmenk. proposal to b:e reviewed in a public hearing. Zhe star►dards within the Historic Overlay District chapter requires that all changes with the district be compatible with the histqric structure: j The staff` recommend�tion for this resource is to preserve the structure as ' historic and facilitate, if possible, in placing the structure on the National ! Historic Register. A Historie Overlay District designation should be placed '', over the zoning. John F. Tigard House The John F. Tigard House, located on the southwest cc�rnex of S.W. 103rd and S.W. Canterbury was included on the National Register of Historic Struetures on July 20, 1979 and, therefore, has be�n included as a historic resource for the `City of Tigard. This structure has been Tigard's historic focal point, and is a good example of early frame con�truction. In 1979, it was moved f.rom its original location on Pacific Highway to its present location on the southwest corner of S.W. Canterbury and S.W, 103rd, and is currently being restared. The exterior reatoration is almost complete, and there is sti.li substantial work needed on the interior of the structure. � - -- - -- --- Z'he pro,perty on which the structure is located is owned by the Tigard Water Di.strict.` T�e Comprehensive P1an Map indicates the site as Low Density Residential {1-5 units per a€re) with an underlying zoning of R-10 (SingLe Family Residential). These designation�s are noe in conflict wiCh the historic resnurce since it is a residentisl use. The 10,000 square foot minimum Lot _ size appears �dequate Ito situate the structure and accessorie5 i.n a simila� ' settin.g as originally built. A Historic Overlay District (HD) designation will be placed upon land area on which the structure and accessories stand. This designation will ensure that any development upon the land area will be compatible with the character of the historic structure. The staff re�ommendation for this resource zs to preserve structure and accessories, and a Historie Overlay District designation should be placed over the land area. Summer Creek/Woodward School Fir Grove TYris k�eavily treed area has been determined to be a significant Goal ��5 resource as a natural area and an outstanding scenic site. The approximately 2.5 ac�re sit:e is border�ed by the Summer Creek floodplain/greenway nn the north and east, the Mary Woodward Elementary School on the south and vacant land/residential land on the west. (The westerly land is designated for Low Density Residential (1-fi) units per acre) andt is zoned R-4.5 (PD), part of the Summerlake development.} The resource area is largely covered with mature Douglas Fir with various underbrush especially along its edges. It is one of few undisturbed fir stands in the northwest poztion of Tigard, and is seen as a visual smenity by the various neighborhoods in northwest Tigard. Although the wildlife habitats wi[h th� area are not significant '(small birds and animals)', the area does lend' itself as a possible educational tool for the school children' aA weil �s the suxrounding residenc�, The combination of upl.and and riparian vegetation pre.sents a diversity of native environments. In addition, this pxrtieular site is landlocked and has never b�en included in any of the adjacent development plans. Once the lower phase of Suma�erlake has been platted and development initiated, it would be difficult to incorporate this piece into any development. Given a11 of the above analysis, it is more apparent that this area be kept in its natural state. The Compr�hensive Plan designates this resource site as Low Density Resi.denrial (1-5 unats per acre). Tf the renource is preserved, thexe would be a loss of a development potential, however if [he conflicting use R-4.5 (Single Family Resad�ntial) is allowed, there would be a significant visugl, natural and educ€�tional resource within the northwest �rea of Tigard. The staff recommendation on this Goal �k5 resource is to limir conflicting uses within the resource site to trail and related educational uses. Otherwise the sesource site ahould be preserved in its natural condition. , � Windmill/121st and Kntherine ' � This windmill structure has been determined to be signifacant as a historic resource. The windmill is situated on the southwest corner of 121st an.d Katherine on land dedicated to the City for park purposes; approximately .14 acres. The windmill was constructed araund 1901 and currently is ink �t►e process of being restored. The windmill is one of three known windmills in . � the Tigard planning area, and �aire a definite structural link to Tigard's historic character. The Comprehensive Plan designates the resource site open space which does not conflict wiCh the presentation or renovation of the resource. In addition, the R-4.5 zoning designation will include a Historic Overlay District designation (HD) which requires that any madifications to the structure or grounds would be requi.red to meet certain standards of compatibility. The staff recommendakion for this historic resource is to renovate and pxeserve the windmill structure and allow �or other passive related park uses on the site. I Joy Theatre � 3tii.s theatre has been determined Co be a significant historical resource. Built in 1939, this is the only indoor thfieatre in Tigard with a classical marque. Si,nce 1939, the lobby of the threatre has been remodeled; the remaining porkions of the structure are original and the theatre has never been used for anything other than a th�eatre use. The Tigard Comprehensive Plan designates the resource site for Comniercial-General with the same underlying zoning; which allows th�eatres outright. Therefore, there would not be any eonflicting uses due to 13nd use I designaCions. In additi�n ad 'acent uses include commercial a d of ' , J n fice uses which complement the th�eatre: Other ir.formation about this po[ential resource is sketchy Co say' the leasG, ' and more time will be needed to gather such qualitative infoxmation. The staff. recommendation for this Goal �5 historic xesource is to delay the Goal` �S process until further information can be gathered on the quality af the resource. The perceived quality of the resource, however, is such, primarily due to its marque and traditional th:�eatre architectur�, that staff believes it is necessary to include it within the resource inventor�, In Che next fiseal year the �ity will be collecting data £or a master Gity park p1an. At that time, it wil'1 be necessnry to point out all City points of interest as well as recreation ar�as. Upshaw House/Seven Gables The Upshaw tdouse has been detesmined to be a significant hxstoric resource due �to the age and architeeture of the $tructuxe. At this time, the �City's knowledge on this unique residence is iimited. The residence was erected a�ound 1909, and has never been moved. "It�e site now is approximiately l.l ac�es a�,though it appeass to have been at least 13-15 �arres; and remnants off the apple orchard still remain. �� • ; � - -- — - � The residence has a classic farm house type architecture wittz numerous dormers, and remaans in good condition. There are very few pre-1930 structures remaining an Ti�ard, 'and this particular structure is one of the finest. The Comprehensive Plan designates the �rea for Low Density Residential with an underlying zone designation of R-10 �Single Family Res�.dential). Therefore, there is not a confliet between the existing use and the land use designation. To ensure thae development on the resoures site is compatible caith structure, a Historic Overlay District �HD) will be placed on the site. The ataff recommendation for this resource is to include the structure on the City's resource inaentory and delay the Goal ��5 process until further data can be obtained. IIuring the next fiscal year, the City will be proceeding with the develap�ment a a master City parks plan which will also point out citywid� points af interest as well as partc needs and assessment. It is the intent of the City to preserve the character of the structure through the standards set forth in the Tigard Community Development Code. Tigard Grange �'he Tigard Grange building located on Pacific Highway has been determined to � be a significant historic resource. Although th� City does not know the specific date, it has been stated by tlie Washi.ngtoc► County Historical Society that the grange building is one of the oldest auch granges in the west. It is rurrently being used as a church. The remaining information nn the structure is somewhat sketchy. It is a one-story wood-frame structure with a stucco front and wood horizontal siding on the remaining sides. The building is currently in good repair. , _ _-— � The Comprehensive Plan � designation for thia resource site is Commercial--General with an underlying zoning designation of CaG {General Commercial). There doe;s not seem to be a canflict conCerning land use. Altlaoug,h church uses are not permi�ted in a C-G zoning district, an;d is considered nonconforming; its use or even other subsequent commeraial may be appropriate, pr�vided that the architectural character of th�e structure �ema'sns. The staff reco�nendation for this resource is to include the structure on the City's resource inventory and delay the Goal �k5 process until further daCa can be obtained regarding the structure. During the next fiscal year, the City will be proceeding with the development of a master City p�rks plan, which will also dnscuss ci.tywide points �f interest as we11 as park needs and asseasments. It is also Che intent of +the City Co preserve the archi.tectural character of the strueture tY►rough the review of the standards set forth in the Tigsrd Community Development Code. K:allstrom Fir Grove it has been determined by the City that the Kallstrom Fir •Grove is a significant Visu�l and Natural resource� Located on the east property line of the Kallstrom property, the trees represent the only major stand of Douglas Firs on the south side of the Little Bull Mountain area. Planted by the originai owners of the property, the unique row of krees represPnt a visual landma�k for the residence in khe srea. �ere is a small plaque along SW 100th denoting the fir grove. ,,- l , The Camprehensive Plan indicates a I,ow Density Residenrial (1-5 units per acre) designation for the area with an underlying zoning district designation of R-10 (Single Family Residential). There are no land use conflicts between the use and the tree grove other than the fact that the grove could possibly be destroyed due to subsequent development. The staff recommendation f�r this resource is to preserve the visual and natural resource. Zhe City recommends that � special NPO ��6 be written to call special attention to preservation of these trees regardless of the type of subsequent development that may occur on the site. The policy may read; THE CIT Y SHALL PRESERVE THE KALLS TROM FIR GROVE ON N.W. 100TH AVENUE. a. ANY DEVELOPMENT ON OR ADJACENT TQ THE SITE ON WHICH THE TREES ARE LOCATEA SHALL INCORPORATE THE FIR GROVE INTO THE DEVELOPMENT PLANS. b. A DENSITY TRANSFER SHALL BE PERMITTED IN LIEU OF DESTROYING THE TREES. Tigard Street Farmhouse and Windmill ^�he farmhouse and windmill on the northside of S.W. Tigard Street just west of Fanno Creek has been de�ermined to be a significant historic resource. Once again, the Citq has very little information on theae structures. Based on the architecture, it apg�ears as though the farmhouse and windmill could pre-ddte 1920. Both of the structures are in good repair. In addition, it is the City's understanding that there is a � tree,� this area, that was ba:ought from the eastern United States by the original property owner. The Gamprehen�ive Plan designation for the resource is Medium Aensity Residential (6-12 uni[s per acre) with an underlying zoninR of R-12 (MuZtxpi�e �� _ --- Family). The land use designation could be a pot�ntial probYem related to land va�ues and feasibility of �eeping the single family farmhouse and wind�mill structures amongst higher density development. In 1982, the owner of the site partitioned off the farmhouse and windmill from the remaining 10 acres; thus somewhat deterring extensive. developmenC on the resource. In addition, i[ is possible to integrate the farmhause and windmill architecture ` int� any development proposal. This would be accomplis:hed via the Planning Development (�D) pracess. The staff recommendation for this resource is to include the structures on the Gity's resource inventory and delay the C�al ��5 process until further data can be obtained regarding the background and significance of the structures. During the next fiscal year, the City will be proceeding with the development . . . . of a master City park� p�an which w�.11 also discuss citywide points of interest as well as park needs and asses�ments. It is also the intention of the City to preserve the architectural character of the farmhouse and uniqueness of the windmill through the review of the standards set forth in the Tigard Community Development Code under the Histnric Overlay chapter. Tig�rd Feed and Seed � i This stru¢tu�e has been determined to be a significant cultural an3 "historic" I resource and should be included on the City'S resou�ce inventory. Like so many of the older structures in the community, the City h�s very little information abour this structure. From what information the City does have, it appear� that the structure was buiit i� the 1940's or earlier an� has never been moved. When the viaducC £or Pacifir_ Highway was bualt apparently a porGion of the structure was removed. The stxucture is wood frame and is a , classic example of once rural, small town americana. Situated in the center , of Tigard's downtown, it is a�iocal point to the downtown area. The Compcehensive Plan designates the sit� as Central Busrness District {CBU) with the s.ame underlying zoning district. In additian, this site fa11s within the Tigard Urban Revitalization Area which is currently in the process of finalizing plans to upgrade the downtown area. The staff reco�nendation for this resource is Go include the structure on the " City's resource inventory and delay the Goal ��5 proce3s until further data can be obtained regarding Che backgraund and significance o€ the structure. Duri•tag the next fiscal year, the City will be proc�eding with the development qf a m�ster City parks plan which will also discuss citywide poznts of interest as well as park needs and assessments. It is also the intent of the City to pr�eserve the architectural character of the st�uctur� regardless of khe use; through the review of the standards set forth in he Histeric Qverlay chapter of the Tigard Community Development Gode. STAFF REPORT AGENDA ITEMS 5.7 CITY OF TIGARD PLANNING COMMISSION AUGUS�' 23, 1983 -- 7:30 1".M. TIGARU SCHOOL DISTRICT AAMINISTkATION BUILDING - BOAT�D ROOM 13137 SW Pacific Highway Ae FINDINGS OF FAGT 1. General Information . CASE: PLANNED DEVELOPMENT ZCPD 29-79 a and b (Brittany Square) RE(�UEST: The applicant is req�uesta:ng a modification to an approved planned development in order to allow fivQ (5) foot side yard setbacks on all ].ots o COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZOKING DESIGNATIONe A-12 and R-5. RECOMMENDATION: Based ox� information submitted by the applicant, staff`s review of applicable Comprehensive Plan policies, �oning code provisions, and field investiga.tion, staff recommends approval of the modification of ZCPD 29-79 a & b subject to the canditions Tisted in this staff report. APPLI(;ANT: CENTURY ?_1 Homes Inc. 7412 SW Beaverton-Hillsdale Highway �� 112 Portland, Oro 97225 OWNERS: Russell A. Krueger George & Danna Scott 1.4655 SW Hunters Dr. 12275 S.W. 2nd Ave. Beaverton, Or. 97006 Beaverton, Or. 97005 LOCATION: East of 13Sth Ave. between Scholls Ferry R�oad and Walnut St. (Wash. Co. Tax Map 1S1 33D lot 300 and Tax Map 1S1 33DC lots 100, 300, and 500). . cres. AREA: 27 13 a NPO COMMENT: NPO �� 7 has not respox�ded in writing to this application re�uest. PUBLIC NOTICES MAILED; 7kaenty-seven notices were mailed. No written comments have been received at the writing of Chis report. , 2. Background On June 23, 19$0, the City Council approved a Plann�d Development for Win.terlake Subdivision. On Ju1y 7, 19$1 the Tigard Planning commission granted a 'one-year Cime extension to Century 21 Homes for approval of the Planned I7eveZopment with new lotting and a minor change. On July 20, 198'2, the Planning Commission approved a six month time extension for approvals on. Winterl�ke with the co�dition Ghat a Subdivision applic�tion would be filed within six months. Qn November 9, ��983 the Planning Commissi�n approved, with conditions, the Winterlake Subdivision on 27.13 acres into 110 single family lots of approximakely 5,00 sq. ft. each and a 12 acre parcel to be developed at a later date. 3. Vicinity Inforniation The surrounding land uses are as followso To the north is designated medium and medium high density residential, zoned A-12 PD (for the area within the City), and undeveloped at the present time. To the west is unicorporated Washington Cotinty land and undeveloped at the present time. To the south is designated low density residential, zoned R-SPD, and developed as the Morning Hill Subdivision. To the east is designated low density residential, zoned R-7PD, and uncievelzl>ed at the present time. 4, Site Information The site i� vacant and grass covered, sloping to the east. There are a few trees on the western and eastexn boundaries of the site. g. APPLICABLF PLANNING POLICIES 1. Comprehensive Plan Policies 2.1.1 THE CITY SHALL �1ATNTAIN ,AN ONGOING CITIZEN INVOLVEMENT PROGRAM AND SHALL A.SSURE THAT CITIZENS WILL BE PROVIDED AN OPPORTUNITY TO BE INVOLVED IN ALL pHASES OF THE PLANNING PROCESS. Noti.ces were senC to all property owners within 250 feet of this application request. A notice was published in the I Tigard Times on August 11, 1983. NPO �k % was notified of I this �.pplica,tion. 2,1,3 THE CITY SHALL �%��E IN T�,NN UNDRSTANDABLE N FORM FORNNALL ISSUES 1S AVAIL INTEI2ESTED CITIZENS. A11 interested parties are given, at a minimum 10 aays to respond in writing ta the application and are encouraged to do so� The p]planning staff is available on a regular basis to answer an� questions on specific applications. 6.1.1 THE CITY SHALL PROV�DE AN OPPORTUNITX FOR A DIVERSITY OF HOUSING DENSITIES ANn RESIDENTIAL TYPES AT VARIOUIS PRICE AND RENT LEVELS. STAFF REPORT ZCPD 29-79 a & b Page 2 The City shall encourage developers to use the planned development process in all devel�ping areas. 6.4.1 THE CITY SHALL DESIGNATE RESIDEN�IAL "DEV�LOPING AREA", (4�HICH ARE NOT DESIGNATED AS "ESTA.BLISHED AREAS") QI� THE COMPREHENSIVE PLAN MAP, AtJD ENCOURAGE FLEXIBLE AND I EFFICIENT DEVELOPMENT WITHIN T�iESE ,AREAS. ' I Tl�e Tigard Community Development code shall include flexible development standa•rds for "developing areas". 2. Tigard Municipal Code. 18.20.070 Setback R-5 zonee Except as may otherwise be proeided i.n Section 18.12.100, the setback in an R-5 zone sha11 be as follows: (1) The front yard setback skrall be a minimum of fifteen feet on short side, ten feet on long side; (2) The side yard setback sha11 be a minimum of five feet for a one story building, six feet for one and on�-half and seven feet on short side and ten feet on long side; (3) On corner lots the setback shall be fifteen feet on short side and ten feet �on long side; (4) The rear yard setback shall be a minimum of fifteen feet for othex thtin carner lots; (5) Corner lot setbacks for rear yards sha11 be a minimum of ten feet. (Ord„ 80-36 Exhibit A(part), 198Q: Ord. 79-45 section 1 (part), 1979: Ord. 76-23 section 4(part), 1976; Ord. 70-32 section 110-8, 1970) . Chapter 18.56 Planned Development District (P-D) 18.560010 Purpose. The purpose of the g�lanned development district is to allow the planning coimnission and the city council the opportunity to review large and complex development wi�hin this community. This designation is used to protect sensitive land areasy ensure reasonable conformance to the standards established i.n the underlying zones, addrESS major transportation difficulties and allow a degree of flexibility not usually associated with development. 18.56.060 Applicakion of standards. In cases of conflict between standards of the iinderlying district and the planned development district, the standards of the planned development district shall apply if approved by planning commissi.on and city council. (Ord. 80-94 Section 1 (part), 1980). C. CaNCLUSIONS The request for five foot side yard setbacks so as to allow two story single family homes is in conformance with the Comprehensive Plan and the Municipal 2onin� Code. 'The Plan and the Code allow planned developments flexibility when applying the standards of the underlying district. STAFF REPORT ZCPD 29-79 a & b Page 3 � Staff agrees with khe applicdnt that the standard size yard setbacks for one and one-half and two� story single family houses are unnecessa•ry in light of the good faith effort by Century 21 Homes in proceeding with the project. In addition, staff fe�ls that the five foot side yard setbacks conform to a simi`larly approved planned development, Summer Lake, which is in cl.ose proximity to Brittany Sq�uare, Summer Lake is within an R-5 zone and was allowed to have four foot side yard setbacks. De RECOMM�NDATION Staff recommends approval of the applicants request with the following condition: 1, On corner lots t'he side yard setback fronting on a street sha11 be 20 Eeet. RE:��M�'KENDED MOTION Should the Planning Commission adapt staff's recommendation, the following motion may be made: "Move to approve, with a condition, the applicants request for modification to an approved planned development i�. order to allow five foot side yard setbacks on all lots." � ;1 ,,� � � �i;�11•± t y-�'•7,�(r�!? ♦ PREPARED BYc 5teve Skorney APPROV BY: William A. Monahan Assistant Planner Director of Planning and Develapment STAFF REPORT ZCPD 29-79 a & b Page 4 SK/dmj ((?140P) � _ _ _ —. � l � � ENT`�►� Th��E \IVORLD UF CI�NTURY 21 �iOMES July 12, 1983 Wi l l i am Mor�han Planning Direc�or City of Tigard P.O. Qox 23397 Tigard, Oregon 97223 Dear Mr. Mon3.ltan: I W e are in the rocess of establishin our marketin nd m del I a o ro rams � P 9 9 p 9 in Brittany Square I. We hope to build mode}s of our three basic floor �I plans on lots 14, 15 and 16, The plat has been recorded and taxes have been paid. We were in hopes of submitting p}ans far the models as soon as possible. However, in drawing plot plans for the specific plans , I discovered � some problems which I hope are not of major consequenc�, The prob- l�ms concern setback requirements , or the lack thereof. Standard setback requirements in the City of Tigard are as follows : frontyard: 20' (both street sides on corner lots) sideyard; 5' 1 story 6' 1 Z story 7' 2 story rearyard: 15' Jnfartunately, our plans were developed on a 5' sideyard setback assumption. They are 2 story, and either 38' wide or 40' wide. Sales prices have been established, plans are drawn, the brochures are i`n process and ad campaigns are being farmulated. CENTURY 21 HuMES • 7412 S,W,eeaverton HiHsiiale HwY„Suite 112 • Portland,Orego�97225 • (5031 29�-1493 - _ . ,� � EN�'�R THE WORLD OF CENTIJRY 21 HOMES Page two July 12, 1983 Mr. I�onihan We have two basic problems: 1. We cannot build on lot 16 (Brighton Model ) because of 20' setback on two street sides (see plot plan) . 2. Since a majority of the lots have a 50' width at the street, our basic plans are unbuildable, We have b��n granted a 5000 square foot lot configuration, and we have developed �maller single family houses accordingly. We made the assumption that 5' sideyards would be adequate. I''m sorry to bring this matter to your attention at so late an hour in the proces5. If there is any way this matter can be quickly resolved without major design changes, we would appreciate it a great cieal . You will have our fu71 coqperation in this matter. i ' Respectfully, „- � � ' , -�"� N► �,, � �� Jam M. Polak Uic �P,res�den� - sign/MarketingJConstruction Centary 21 Homes, Inc. I JMP/ksm ,I CENTURY 21 HOMES • 74t2 S�W.Beaverton HiUsdale Hwy;,'Suite 112 • Portdand,Oregon 97225 • (5031 297•1493 + _ .�.- ' �- (�, lk � I� '.. . . . . . BRITTANY SQUARE SUBDZVISION (formerly WI'NTERLAKf) N A R R A T I V E Applicant: C�ntury 21 Properties, Inc. 7412 S.W, Beaverton-Hillsdale Highway, Suite 112 Portland, Oregon 97225 Pfione: 297-1493 Property: A resubdivision of Lots 4,5,7, and a portion of Lot 6, Ash Valley Tract located in the Southwest quarter o� - Section 33, TIS, R1S, R1W, W.M. , City of Tigard, Wash- ingtan County, Oregon. Tax Maps 1S1 33D and 1S1 33DC Tax Lots I00,300,500, and 30D'DC. We are requesting a planning com�nission review of th� Brittany Sqware P.U.D. in order to establish; a. Five foot sideyard setbacks on single fami�y �etached 1 c�ts. b. Five foot sideyard setbacks on duplex lots (see EXHIBIT z: Lots 7I,72,73,74,75,76,77,78,79,80,95,96,97, and 110.� c. Zero lot line on single family attached lots (see EXHIBIT l: Lats 98,99,100,101,102,103,104,105,106,107,108, and 109. } d. Fifteen foot setback along Southwest 135th orr Lot 33 (see EXHiBIT 1.) In examining th� applieation for subdivision approval in Octaber 19�2, the record indicates that the project would be a "standard" subdivision, and as such, two story houses would require a seven foot sideyard setback as per City of Tigard standards. I This w�rks an unnecessary hardship ori Century 21 Homes, Znc. , as ', we have gone for�h with this project in good faith and designed � homes and models to fit a five foot sideyard setback. Setti.ack� were i.ntended to h�e revi:ewed by the P1 anni ng and Puhl i.c Works Departments. On May 20, 1980 �he Tigard Planning Commission voted to reco�nend to th:e City Council that this project be approued � sub,ject to (among others) the following condition: I : �: \.. Pag�e two Narrative Brittany Square Subdivision "Actual constrwction on each single family or duplex (attacheci sing'le family) lot shall be resolved relative .to configuration, z�ro lot line and setback requirements on the preliminary plat plan. Th�is plan shall be cleared with the Building Department and Public Works Department prior to consideration of the �inal plat. It shall: be clearly noted what is to be constructed on each/every lot in Phase I to avoid differences at the construc- `i tion stage. Also, zero lot line on each/edery lot would con- flict wit'h requirement for easements.'° We are all in agreement that this project is viewed as being a P.U.D. , and as such, appropriate and specific setb�cks should have been de- tailed, A11 reports and correspondence, and the 1980 application indicate that both the A-12 and R-5 portions of the development were P.U.D. 's. UnfortunateTy, setbacks were not finalized with staff prior to the final plat. The past three years have seen a chanae in the cast of characters in the Planning Department, consulting engi- neers to the Developer, and Cen�ury 21 Properties itself. Thus, it is easy to understand how tfiis isstae "fell through the cracks". Brittany Square was reviewed as a P.U.D. in order to allow var°iance to zoning and other city code standards. The fact that 5000 square foot single family lots and 8000 square �'oot duplex lots were allawed is proper evidence. No separate variance �pplication was submitted � to accomplish this. Only a combination P.U.D. and zone �hange appii- cation was submitted. A five foot Public Utility Easement is along a�l street front lines. Therefore,•zera lot lines would not conflict with easements. Since Lot 33 had tw� feet deeded to Lot 34 in order to �uild one of our models, the 20 foot setback requi�ement along 5outhwest 135th Avenue renders the lot useless to build on. A 15 foo�t setback would remedy the situation. At present we are buiidi,ng thrQe model homes on lots large enpu h to accamnodate seven f�ot sideyards. �See EXHIBTTS 2,3, �nd 4.� To accompli�sh this, we changed from origina� locations and had to de�d two feet from ane lot ta ano�ther. A majority of lots are unbuild�ble with the units we hav� designed. The plans are complete, as we1T as pr��otional and marketing matewial . The incredible success of London Square has sp�lled over into Brittany Square and we have already �aken reservations on three homes. The marketplace has spoken. The un�ts are of high quality hoth ira ' terms of Gonstruction standards and curb appeal . (See EXHIBITS 5,6, and 7.) Having ta re-design the units at this late date would � __ _ � � Page three Narrative Brittany Square Subdivision effectively destroy our advantageous position in the marketplace. Much ti�i� wi 11` have been'wasted as weU as a si zeabi e i nvestment by Century �1' Ho�nes, Ine. It is to the benefi't of all concerned tv act pasitiVely on thas req.uest. Respectfully, . ti� ��- Ja es M. Polak 'ce-President Century 21 Nomes, Inc. 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't,. �, �:, . .,��ky C 1'tC � ' , d.�� I,c�w`er Floog P�'s� �k �� ' '� UPfler�Floor��l'�' � t, � '. ; �� til+<<lr, �J,:.� y {�, t t�z ��.L�� i�.ti� .�; . . . ' _ ':�5� ' '',i , �� - � � . . �r � �t"� i4�y�� Iw r� , ,� 11 D I t, ?�� ' ' ... � � D3nisQ Rooe� �W ��L_"' _ , Mais�bedroom Bedeooa►NQ �- Kitcl►en --� . GaraQe �t 'r., ' I•,�.' � w �" �� ' • � (eu�►k��,vaW�1 3:ieri�►�,'Room 9elow � �it�� , o ,"-�,� '� 'ro -. � � �: - r+ ^ ' t r , ' i' �,� � ��. �t ' ;�7!i �;,�'S1�,1 4��y,��y�x��s'; t� , , � .,1� ,, eit,�, �4.' . . ' t x) �, . '� a f�'� !;�i 15� w , � ��„� t't'�y t��'�� . �x r� t ' - . ' ... f�i��, � :.,,;) ��r yl;.. . � '' �t'��,tfw�t,,� f,^-. . � � � t�'<� ��e 4�� . � �} ' . rtij t i t' st , , f �- �� s Cpp�kR� 1983 b Cenw 21 Hanes Inc x �; 4 �� r a .�� 1 r��F��}V ��' � �,�t il��IO"�u){�' p..j �a ..9,r� fY �Y �t i ,� �t��j r� ...i ��,. � '.��t�` r,.r4�'te�,.a.�r,� �t��"I M��y(.I n �i}t•fi�1' .I,�.��ira��v�fs�Aa';��if�$"t+�A�'�'�. vt�� ..dRt�.. .j`.- "r �,1�.'` 1 � .��` �� .Y� .'�' 1l�p'�Yf= ,•�f�.: � ,� ;;ir �. ii� itt.��l.i��i'3.°:15r 1 i�}�'f�e� -� r y {f � 'Y � < � � � tr�: . ��}t �r.��uft n�.�� i�r�r?'N i S .�k�.. t :sY dti�14��+k�.iil C'l4,- ,u , .i5, >:.a x��,xt�;v��n _ Ga. uc� a�t ,xen x,rr ..r ray:.a.. t i.� �� f I ;� � il \ 'i' ��'1 � -;; .��r�r �� ►�' � R� ,� � ,��;�! �-� ,�, , ',�� r_ i�,;�� ,1 ,� � � ..�:.�. — +� ■ i � � 1 fi'1 f;i ■ u �} : fi�i� �,; .,`�. . � � ;jw r �:,, , t .-t ` � �;� ■ � !I ��: -��-� , � ,...� ��, �•� �., . � - —•il�` �i � �! �� =,, __ ,, .. . �•.�s�.`�7 ,�� '°--% . _ _�. �� % �� .� � r � � �.�,� ,i y`_�;��,�: �1r- i�r`►,, �? `�4 ►L1 , 's� �� AGENTiA ITEM N0: �� 5.8 ' M E M 0 R A N D U M T0: PLANNING COMMISSION � FROM: Steve S'korney, Planning Department ,�;1'►•.�• SUBJECT: Comprehensive Plan Review of Planned Development C�'RPD 13-81 The Meadows i The project known as The Meadows received preliminary d:evelopment plan approval on September 8, 1981, yet, never received general developu�ent plan approval. An. extension of time request by the applicant is only applicable once a � gexneral glan has been approved (TMC 18.56.170). Base�i ors this information, the applicant is not eligible to request an ex�ension of timeo SK/dmj(0076P) � :_ -- - -- ^ -- I LUCA'ftON: S.W. 106Ch and Black Uiamond Wa , y (Washingron Co. 7'^x Map 1S1 34AD Tax Lot '2600) : ; FILE NO CPRPU 13-81 ( �" ( ; v U , i' ... ; ♦ � --� � \ i � " � j � � � � ��--�, �,' � \ aL � r. p :n` �' ` Z , AV EWUE �, � � ��. ' � � aD � p \ _ \ .. . . N .. �.� �� .� . .�� . . . � � ., � '. i � i j � I � � � � � � 1 � i 1K�TA \ � ` DAK,p'�'"S�/ 5 T E E'{ � , /I � � . / / !o . . � � , 1 , � , , . .,�. .-..:.: - �. , {i i i ; � i � _:_ � -- � � ,... .r��'ty��r�' `{ �'�� '�.��1,. �.�, �� (':;;�i� � 1�83 .,,k�� ._ft i� D��y Pt.:I-,�uiy!l�.G , August 2, 1983 FROMs Bob Bledsoe, Chaix�man of Neighborhood Planning Organization #3 TO: Tigard Pl:anning Commissian and Tigard Gity Council SUBJECT: Nomination oi Milt F'yre to the Planning Comraission The members o� NP0 #3 �a��mously recommend to you Milt Fyre for the vacant position on the P1ans�ing Commiesion. Our only regret will be the loss 'of his parti�ipation in our deliberations. Mi1t has been one of the, most regular in attendance at NF0 �3 meetings, and he has been prompt and thorough ' in his duties as Secretary� th.is yealr. NPO �3 has t�ken special inte�rest in the concerns of the homeowner in Tig�rd, and we are confid�nt that Milt will repz^esent this viewpoint on the Plana�ir�g Commission. On the other �and, his profession�l experi:ence with �onneville Po�rer Ad�inistra�ion SBPVC6 to make taim 5easitise �o economic and bu�iness eonsi.deratLOns in p3.anning decisioas. : - We feel �:e will be a valuable.. addition to the Planning Commission, i nei hbnrhood �.ann�n or nizations. as have forner members ot th� var ous � p g 6� Respectiuily �ubmi�ted, �� --- Bob Bledsoe Chairman, NP0 #3 l �.■�s■� C O Ni IVf O N:W EA LTH � —`� �r ('''i�r� �l'�.`�a i� R�ALTOFi GROUP ��, `` "_�; , ,I �� .� /�-;i,�U �.� i��`' �,�� COMMONWEALTH BUiLDING " 421 SW SIXTH AVENUE August, 3�, 1�3�'� C� �Y U{` j I(aH�U PORTLAND, OREGON 97201 503-242-1811 P�AN�II�(C'� ,GEP�', Cb ty of Ti gar-d P1an�ing �ommission 12755 S.i�tm Ash Street .Cigard, Or-es�arro 972�� ear F*1 anni ng Memb�r-s: I am repres�nting Mr. Fimmel , th�? awrser of t,he proper-ty at �he corner c►f bonita and Hall �lvd. Let me reflect same o# his and my per�onal tfioughts. We want - and alwa�s hav� wanted to co-operate wi�h aLl coneerned. T have met with NPO 5 and h or� several occa5ions and it just �e�ms di f�F i.cul t to come up wi tF► a f i rm deci si on there. My hands ar� tied when I mu�t wrark with "mAy�t�" zonint�. For over 14 years th�.s cif.y agreed the com�nercial xoning was neec9ed and a�propri ate -�or P°Ir. Fi mm�l s` g�roper�.y. Ac�,ai n i�r the Summer �rf 1952 the� governing bodi�s a�r-eed to k�ep i�k cc�mmerci�cl by zoning it from G-4 to to C-3. This proper^ty atas z oned eommerci al 1 ong bef c►re a�any a# the nei ghbor i ng p�opl,e moved into the area. Why n�w shoul� the ha�rses ae chang�d irt rni d-strcam? I� i s di f f i cul t tc► ur�ders�and hc�w thi s p�-�sgr��si ve ei t� can overrule recommendation of it prof�s�ional �taff planners. Why nat eI a mi nate thi.�. depar-tment and benef i t al l the tax payers? Mr. Fi mmel wrot� the Ti ga�-d Ci ty Counca l and ask�ci tt�at th i� matter be resolv�d by compromise. We we�uld suggest �h�t several co�trovers�al u�e�5 be eleminated within the t�equest�d C-P zone., The conditaan of khe old house and re�al prap�rty tax�s; l ei ve�d agai nst ttoi s prDpert�e demand that i t be devel opiiad i n the near �Fu�.ure. My �nd Mro Fin�mels f eeling is just this . . . . . . .a clus��r of budget. hcrusing i� not r�a1Ry the highest and best use of this property or what this neic�h$onc��od really needs or wants. �xnc 1 � APPR,aISAL . BROKERAGE .� li�ll(MRQ��G'EMENT � _ _