Planning Commission Packet - 02/07/1984 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PLEASE NOTE: The original paper record has been archived and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.
TIGARD PLANNING COMMISSION
FOWLER JUNI08 HIGH SCHOOL '
FEBRUARY 7, r�a4 7:30 P.M.
1�865 SW 106th
TIGARD, OREGON
1. Call to Order
2. Ro11 Call
3. Approve minutes from January , 1984 meeting.
4. Planning Commission,Communication
• School District presentatian
5. PUBLIC HEARINGS
5.1 COMPREHENSIVE PLAN AMENDMENT CPA 18-83 Russ Krueger NPO �k 7
5.2 SUBDIVISION S 10-83 Shadow Park 1Ji0 �� 1
5.3 SUBDIVISION S 1-84 Gallo's Vineyard NPO �� 7
5.4 SUBDIVISION S 11-83 Colony Creek Estates II, III, IV NPO �� 5
(Thi� item will be continued to February 21, 1984)
5.5 SUBDIVISION S 2-84 BOND PARK III �iPO �� S
5.6 MINOA LAND PATtTTTION MLP 11-84 Randall & Kelly Burke NPO �k 3
5.7 ZONE ORDINANCE AMEMENDMENT ZOA 1-$4 Quasi Judicial Plan A�mendments
5.8 ZONE ORDINANCE AMENDMENT ZOA 2-84 Transcripts
5.9 ZONE ORDINANCE AMENDMENT ZOA 3-84 Canditional Use Standards
5.10 ZONE CHANGE ZC 1-84 Historic District Designations
6. Other Susiness
7. Adjornment
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TIGAEiD �'LAIvNING GOMMISSION
Regular Meeting - February 7, 1984
l. Presiden;t Tepedino called the meeting to order at 7:35 P.M,. The meeting
was held at Fowler Junior High School - ZGI Room - 108b5 SoW, Walnut -
Tigard, Oreg�n.
2. ROLL CALL: Presentt President Tepedino, Commissioners Vanderwood,
Butler, Owens, Peterson, Edin, Fyre, Moen,
Leverett.
Staff: Director of Planning and Development William A.
Monahan �arrived 9c15 P.M.}; Associate Planners
Elizabeth A. Newton and Keith Liden; Secretary
Diane M. Jelderks.
3. Minutes from January 3, 1984, were considered. Commissioner Owens moved
and Commissioner Erlin seconded to approved minutes as submitteda Motion
carried by unanimous vote of Commissioner present.
Commissioners Moen and Leverett arrived.
4. PLANNING GOMISSION COMMUNICATION
Tigaxd School District presentation. Larry Hibbard, representing th�
schaal district stated the school impact forms were valuable as they use
them for plotting developments. He would like to see a system developed
when a projec.t begins building that the school district could be
notifi.ed. Major concern of the school district is the safety to and from
school or bus stops. Mast the the Tigard Schools have sufficient
classraom. space, hawever, when Bond Park is completed they may need to
change boundaries for Durham School.
Discussion followed between Mr. Hibbard and Planning Commissioners
concerning how C�mmissioners should deal with school which has reached the
point for the need to change boundaries. Conclusion was if the sch�ol
district signed off on khe impact statement, it i:s the school district's
responsibility to meet the needs of the development.
5. PUBLIC flEA1tINGS
President Tepedino oper►ed the public hearing by reading the proredures to
be followed during the hearing.
5.1 COMPREHENSIVE PLAN AMENDMENT CPA 18-83
ZC/NE CHANGE ZC 14-83 Russ Krueger NPO �k 7
� A xequest t� amend the Comprehensive Plan Land Use Map and the Zoning
District Map to relocate a Neigh.borhood Commercial designation from
the west side of 135th Avenue, south of tax 1ot 100, to the northwest
corner of tax lot 1000 along 135th Avenue. �
• Associate Planner Newton made staffs recommendation for approval.
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s NPO COMMFNTS - Richard Bober Chairman for NP0 �� 7 staGec� the
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supported the proposal. They felt this pro�osal was supexior to i
where the Commercial Neighborhood z�ne was pre'sently located and
liked the street alignment. However, they were concerned abnut the I
size of the 1ot,
♦ APPLICANT'S PRESENTATION - Ryan 0'Brian, Planning Consultant .for the
applicant was available to answer any questinns.
• Cnmmissioner Edin questioned the applicant if he realized he wauld
have to file for a variance if a oversized grocery store was
necessary for the site.
o Mr. 0'Brian stated, yey, when the time came for development they
would better know what their needs would be and where prepared to 1
file a variance. Discussion followed regarding the oversized lot.
PUBLIC TESTIMONY - No one appeared to speak
COMMISSTON DISGUSSIDN ANV ACTION
• Commissioner Moen was concerned, as the Greenway Town Center had
started out as a Commecial Neighborhood and was now much more than
that. What would prevent this from repeating itself with this .
application.
Associate Pianner Newton stated that the Code is more restrictive now
than it was when Greenway Town Center was developed.
• Commissioner Edin moved and Cammissioner Moen seconded to forward
recommendation of approval to the City Council for CPA 18-83 from ,
medium-high densitq residential to neighborhood commercial and 'i
approval of ZC 14-83 to become effective upon Council approval of the '
Comprehensive Plan Amendment.
Motion carried unanimnusly for approval.
5.2 SUBDVISION S 10-83 Shadow Park - Centur 21 Pro erties NPO �� 1
Y P
i
A request to subdivide approximately 20.�$ acres to develop 80 single
€amily detached homes. Property is designated low density
residential and central business district. Property is zoned R 4.5
and R-12. Located at: 9125 SW 0'Mara St. (Wa. Co. Tax Map 2S1 2DB
lot 400 and 500).
� Associate Planner Newton made staff's recommendation for approval.
She noted that the Planning Cammission would have to recommend
conditions as staff originally had denied app�ication because of
density Cransition from an established area, however, upon
recalculation, this was no longer a problem. The proposal was below
density, however, they would need to apply for a Sen�itive Lands
Permit.
• Diseussion followed regarding removal of the barricade and the
extension of Ash street,
YZANNING COMMISSION MINUTES February "�, 1984 Page 2
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• NPO COMMENTS - Harry Owen, Secretary for NPO �� 1, stated that that
5taff Report noted that NPQ �� 1 had not cammented, however�, a copy of
• NPO �k 1 minutes were attached to the staff report, which lisked their
concerns. NPO �� 1 approved of. this development in concept. Mr. Owen
questioned the calculation for the density transition.
• APPLICANT'S PRESENTATION - Dave Oringdulph, Century 21 Properties,
agreed with the staff report and with NP0 �� 1 concerns. He stated
the project would be properly walled for screening. He like the idea '
of a access to the park, they had overlooked, but there was a problem
with steep slopes. Also, they do not remove txees unless it is
absolutely necessary as they are a good selling point.
' PUBLIC TESTIMONY
• JB Bishop, member of NPO �� 1 raised a timing issues regasding
compeleting public improvements. He felt there should be a condition
restricting building perinits until public improvements had been
completed along 0'Mara. He also felt there should be a:n eniarged
parking area for the pub7:ic to gain access to the park. He
questioned who's obligation it would be to intall fence or wall for
screening.
• Bill Gennoy, 9050 SW 0'Mara, read a letter into th� record trom
residents of 0'Mara Street objecting to the manner in which the
project is being developed.
• G16ria Johnson, 9300 SW Hill, read a letter into the record
expressing concern that no building occur in the floodplain/Greenway
area and that the alder trees be preserved as a natural barrier.
• Terry 0'Mara, 9000 SW 0'Mara, objected to the way the project was
being developed. His concerns being the density transition and steep
slopes.
• Staff read a letter from Jeff Graham into the record. He was
concerned about the traffic circulation and requested that the
Planning Commi.ssion require the developer to comply to Page 70 of the
current comprehensive plan.
CROSS EXAMINATION A REBUTTLE
• Cammissioner Edin questioned how staff had done their density
transition calculation. Associate Planner Newton reviewed.
Commission Edin felt the method of calculation was a violation of the �
spirit of the density transition.
• Commissioner Vanderwood, stated she had followed the Comprehensive
Plan process closely and did not agree wYth staff calcuations. She
s�ated the method staff used had never been explained before.
• Commission Butler questioned if all floodplain would be dedicated to
the city; staff stated it would.
• Discussiom followed regarding the park and the parking area for the
park.
PLANNING COMMISSION MINUTES February 7, 1984 Page 3
o JB Bishop commented that the availability of sewer would make it
pa�sible to create smaller lots where there are presently larger lots.
• Gloria Johnson commented that she was not in favor of �he park,
because of the outside traffic it wauld bring into' the neighborhooa.
s Farther discussion on the park and floodplain/greenway area.
PUBLIC HEARING CLOSED
. COMMISSION DISCUSSION AND ACTION
• Commissioner Vanderwood commented that she came up with 5.6 units per
acre with the way she understood the aens�ty transition calculation
' is to be done.
• Commissioner Owens stated she did not support having any part of a
development in a floodplain.
• Commissioner Leverett and Peters�n supported the project with proper
screening.
• Commissioner Butler raised conditions he felt should be placed on the
project.
e Commissioner Fyre had some concerns regarding the lots touching the
floodplain. In regard to the density transition he didn't feel the
applicant had gained that much with staff's method of calculating.
Commi s i r M d
• s o n e o e n c o m m e n t e t h a t t f
h e s i z e o t h e l o t s c o u l d b e
l a r g e r. H e w a s con cerne d a bout t he 2 lo ts a t f loo dp lain leve l.
Also, he felt there were too many accesses on 0°Mara and suggested
another street alignment. (Discussion followed regarding alignment
of the streets).
• Cammissioner Edin stated he had attended the NPO # 1 meeting. He
alsa lives on Ash Street, but did not feel he was to closely involved
to remove himself from voting. He was concerned about the density
transition and the street alignment. kIe review the theory for
extending Ash stxeet. He felt the application should be denied
� because it does not conform with the Comprehensive Plan, the density
is to high across the street from the established neighborhood and
possibly the access routes need redesigning. (Further di'scussion
; followed regarding conciition for denial).
• President Tepedino commented he didn't see the density issue as much
of a problem as the issues with the comprehensive plan, access and
building in the floodplain.
,� Discussion followed regarding street alignment and preliminary plat
approval.
PLA;NNIN� COMMISSTOYV MINUTES February 7, 1984 Page 4
e Gommissioner Edin moved and Commissioner V�nderwood secanded to deny
the request for preliminary plat approval based on the findings that
it does not conform to th� existing comprehensive plan and dr�es not
address the density transition issue. (Dicussion followed)
Motion . carried by majority vote of Commissioner present.
C�mmissiarKers Moen, Butler and Leverett voting no.
5.3 SUBDTBISIQN S 1-84 Gallo's Vineyard NPO # 7
A reguest by Alpha Eng,ineering for a 15 lot single family subdivision on
3.17 acres �approx. 7,500 sq. ft. each). Property is designated low
density and is zoned R 405 located on SW 113th and SW Tigard Street (Wa.
Co. Tax Map 1S1 34DC 1ot 2901).
• Associate Planner Newton made staff's recommendation for approval.
• NPO COMMENTS - Richard Boberg, NFO �k 7 Chairperson, read into the
record a letter from Michael BercutC requesting the meeting be
postponed as he felt he had not been properly notified. �staff
explained notification process) Mr. Boberg stated the NPO
reconunends approval if the developer provides an adequate drai:nage
plan which would not aciversely effPCt the adjoining subdivision.
They were concerned as the adjoining subdivision, Mutley's Addition,
was built by the same develaper and they ha:ve a severe drainage
problem. He referenced a let�er from Public Works Director Frank
Currie, to the resident of 113th Place summarizing thea.r water
problems. They did not want to see another subdivision built by the
same developer who had not solved tYie drainage problem in an existing
subdivision.
• APPLICANT'S PRESENTATION - kans J. Vatheuer, Alpha Engineering,
sCated they are aware of the drainage problem and are willing to put
ii1 a perimiter drainage system. Also staff has requested a drainage
plan prior to obtaining building �ermits.
PUBLIC TESTIMONY
• Carol Hardie, 11800 SW 113th Place, opposed the develc�pment because
of their severe water problems. She did not feel the propos�al would
address the problem.
CROSS EXAMINATION AND REBUTTAL
• Discussion followed among Qommission�rs and property owners regarding
the drainage problem and what recourses were available.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
• The consensus of the Commission was for approval.
PI.ANNING COMMZS;�ION MT.NUTES February 7, 1984 Page 5
s Commissioner Edin moved and C�mmissioner Peterson seconded to approve
Subdivision S 1-84 with eleven conditions, amending condition number
6, to include the developer shall install a perimeter drain along the
western boundary and take adequate measuxe to avoid water problems.
Motion carried unanimously.
5.5 SUBDIVISION S 2-84 BOND 'PARK III NPO �� 5
A request by Waverly Construction Company to subdivide 5.13 acres into 33
lots of appro�cimately 5,000 - 6,OOD sq. ft.. The property is designated
- B t n SW
medium density residential and is zoned R 12. Located at: e wee
79th and SW 81st off Durham Road (Wa. Co. Tax Map ZS1 12CC lot 100, 1900
and 2000).
• Associate Planner Newton made staff's recommendation for approval
with conditions.
v NPO COIrII�1ENTS - No one appeared to speak.
� APPLICANT'S PRESENTATION - Bill McMonagle, 8905 SW Commercial,
respresenting the applir_ant, questioned why full street improvements
were necessary beyond the appla.car�ts praperty. Discussion followed.
� Staff stated they would have nc, pzoblem with the public improvements
did not extended beyond applicants property line.
• Commissioner Moen moved and President Tepedino seconded for approval
with conditions except to replace staff's condition number one to
read: The applicant shall install a hard surface kurnaround at the
end of SW Bond Street for emergency vehichles.
• Commissioner Butler stated he saw no reason for a turnaround.
Discussion followed.
• Commissioner Moen stated he would withdrawn the conditione
• President Tepedino called for the motion. Motion failed unanimously.
• Commissioner Vanderwood moved and Commissioner LPVerett seconded for
approval of a Preliminary Plat of Bond Park III, S 2-84, with staffs ,
conditions, excep
t condition number one sahich is to be el.iminated.
Motion carried unanimously for approval.
5.6 MINOR LAND PARTITION MLP 11--83 Randall & Kelly Burke NPO �k 3
An appeal by NPO �k 3 of the Planning Director's conditons number 1,
2, and 4 for approval of MLP 11-83". Located at: 10475 SW Park St.
(Wash. Co. Tax Map 2S1 CB, lor 1400).
Associate Planner Newton made staff's recammendation to eliminating
the second sentence of condition 2, and eliminatinge conditions 3 and
- 4.
pLANNING COMMISSION MINUTES February 1, 1984 Page 6
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� NPO COMNiENTS - Bob Bledsoe, Ct�airperson NPO �� 3, gave background as
why applicant had filed for the partition� They felt Public Works
Director Frank Curxie had imposed his own requirements with the
request for a non-remonskrance agreement. They also felt the
conditiox�s created a hardship fc�r the Burkes.
• APPLICANT'S PRESENTATION - Randall Burke explained why they were
unable to file the appeal themselves but where in support of NPO ,�� 3
request.
PUBLIC TESTIMONY
• Robert Campbell, 103b8 SW Park, did not want to be part of an LID.
• Duane Ehr, 10425 SW Park, opposed developing 5 citizens properties
when the property across the street it undeveloped.
• JB Bishop, 10505 SW Barbur, raised several issue� regarding LID
policy and what scope Che LID would be. Iie also stated that there
was and agreement made with City Council for the City to do partial
public improvements on Park Street.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSZON AND ACTION
• Lengthy discixssion followed on whether or not there is a policy for
the signing of non remonstrance agreements. Cansensus of the
Commission being that the piiblic improvements should be conditioned
to the issuance of building permits rather than the partitioning of
the land.
� � Commissinner Butler moved for approval, deleting condition number
one. Condition number two, The applicant may initiate a Local
Improvement District along SW Park Street. However, if the applicant
is unwillzng or unable to form an LID (i.e. , to get enough
signatures), he will then be required to make half-street
improvements to SW Park Street along his property line before the
inssuance of a� building permits. This conditions shall be attached
on all deeds upon sale of any af the three lots.. Condition number
three, add before the issuance of building permits. Conditon number
four, add before the issua�ce of any building permits. Motion I
seconded by Commissioner Leverett.
� Commissioner Moen commented that he felt the Commission should be
careful in striking number one as the policy for a non-remonstrance
did noL- come lightly. '
• Commissi.on Butler stated there is no written policy regarding '
non-remonstance agreements.
• Motion carried by unamiaus vote, President Tepedino and Commissioner
Moen voting no.
PLANNING COIMMISSION MINUTES February 7, 1984 Page 7
5e7 ZONE ORDINANCE AMENDMENT ZOA 1-84 Quasi-Judicial P1an Amendments
A request by the City of Tigard to amend Sections 18.90.030 and
18.32.Q90(C) and (D) of the Cnmmunity Development eode to lim�it
qua5i-judicial comprehensive plan amendment applications to twice a year.
e Associate Planner Newton made staff's recommendation to forward to
Gity Council with r�commendation of approval.
• NPO COMMENTS - Bob Bledsoe, NP0 �� 3, supported staff's recommendation.
PUBLIC TESTMONY - No one appeared to speak.
GOMMISSION DISCUSSION AND ACTION
' Commissioner Moen moved and Co�ission Edin seconded to forward ZOA
1-84 to City Council with recommendation of approval. Motion carried
unanimously.
5.8 ZONE ORDINANCE AMENDI»IENT ZOA 2-84 Transcripts
A request by the City of Tigard to amend Section 18.32.330 of the
Community Development Code to require preparation of transcripts for. City
Council members prior to public hearings on appeals of land use matters.
� Associate Planner Newton made staff's recoAimendation to forward to
City Council with �ecommendation o€ approval.
PUBLIC TESTIMONY - No one appeared to speak �
COMMISSIOtV UISGUSSI(3�: AND ACTION
• Discussion an how this would change back to the way transcripts were
required before the adop�ion of the Community Development Code.
• Commissioner Moen moved an� Commissianer Butler se d d
con e to forward
�OA 2-84 to Gity Council with recommendation of appr.oval.
Motion carried by majority vote, Commission Edin voting no.
5.9 ZONE ORDINANCE AMENDEMENT ZOA 3-84 Condiriuital Use Standarels
A request by the Czty of Tigard to amend Chapter 18.130 of the Community
Development code adding standards for approval of Conditional Uses in all
zones.
• Associate Planner Newton, explained that due to numerous retyping of
the Community Development Code, some conditions approved in the
initial dxaft of the code were omitted fram the final versiono
PUBLIC TEST;[MONY - No one appeared to speak
PIANNING COMMxSSION MINUTES February� 7, 19$4 Page 8
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�OMMI�SIO� DISC'U'SSION AND ACTIO�
• Commission Owens moved and Presid��t Tepedi.n� seconed to amend
section 18.�30.1 50 of the Cammunity Development code to include
standards as recommended by staff.
Motion carried unanirnously.
5.10 ZONE CHANGE 2C 1-84 Historic Distxick Designatians
' A request by the City of Tigard to designate specific parcels of land
a� historic overlay districts (HD) in conformance with the adopted
Comprehensive Land Lise P1an. Propexties are the Durham School Site
(Wash. Co. Tax Map 2S1 13B lot 300) ; the 3ohn Tigard House (Wash. Co.
Tax Map 2S1 11-BC lot 260D); and the 121st windmill ��7ash. Co. Tax Map
1S1 34CC 1ot 2000).
• Assocate Planner Newton explained how this was included as a part of
the Comprehensive Plan, but the sites had never been designated.
• NPO COMMENTS — Bob Bledsoe, NPO # 3 asked that the John Tigard House
only have the corner where the house is located, apprnximately 100° x
100' , be designated HB as the lot was much larger and should not fall
under the HD designation requir�ments. Staff agreed.
• Commission Edin moved and Commissioner Owen seconded to approved ZC
1-84 adding HD overlay district designation adding that the John
Tigard House only include a L00' x 100' area of the Iot.
Motion carried unanimously
6. Other Busxness
e There was no other business
7. Meeting Adjourned '12:00 A. .M.
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Diane M. Jelder Secretary ,
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Presiden F" ancas J. Tepedino
0311P
PLANNING COI�IlYIISSION MINUTES Februarv 7. 1984 , Pase 9 '
PLANNING COMMISSION DATE � �
ROLL CALL:
Frank Tepedino
Ghris Vanderraood f r
-�
John Butler
"°"�- Don Moen
��
Bonnie Owens �
r__(�
Phil Edin
;
��_ Deane Leverett •
Milt Fyre
,
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COMPItEHENSIVE FLAN AMENDMENT CPA 18�-83 Russ Krueger NPO �'� 7 �continued
frorn January 3, 1984, Planning Commisaion Meeting�
SUBDIVISION S 10-83 Shadow Park NPU �� 1
A requesC by Century 21 Properties ta subdivide approximately 20.38 acres
to develop 8D single family detached hames. Property is designated low
density residential and csntral business district. property is zoned R
4.5 and R-12. Located at: 9125 SW 0'Mara St. (Wa. Co. Tax Map 2S1 2DB
lot 400 and 500)
SUBDIVISION S 1-84 Gallo's Vineyardfor a 15 �klat single family subdivisian on
A request by Alpha Engineering
3.17 acres �approx. 7,500 sq. ft. ea.). Property is designated low
desnity and is zoned R 4.5 located SW 113th and SW Tigard Street (Wa.
Co. Tax Map 1S1 34DC lot 2901).
SUBDIVISION S 11-83 Golony Creek Estates II, III, IV NPO �� 5
(This item has been continued to February 21, 19$4, to include
applications for PD 2-83, V 6-83 and ZC 2-84.)
SUBDIVISION S 2-84 BOND PARK III NPO �� 5
A request 'by Waverly Construction Co. to subdivide 5.13 acres into 33 lots
of approximately 5,000 - 6,000 sq. ft. . The property is designated medium
den5ity residsntial and is zoned R-1Z. Located at: Between SW 79th and
SW 81st of Durham Road (Wa. Co. Tax Map 2S1 12CC lot 100, 1900 and 2000).
MINOR LAND PARTITION MLP 11-84 Randall & Ke11y Burke NPO �k 3
An appeal of conditions 1, 2 and possibly 4, of the �'lanning Direct(�WS�
decision of approval to partition a onP acre lot into three lots,
flag lots, 10,610 sq. ft. eae and a third lot, 21,961 sq. ft.). Property
is designated low d�nsity residential and is zoned R 4.5. Located at:
1OG75 SW Park St. (2S1 2CS lot 1400)•
ZONE ORDINANCE AMEMENDNI�NT ZOA 1-84 Quasi Judicial Plan Amendments
A request by the City of Tigard to amend Sections 18.30.030 and
18.32.09O�C) and (D) of the Gommunity Development code to limit quasi
judicial comprehensive plan amendment applications to twice a year.
ZONE ORDINA.NCE a�1�'iENU!MENT ZOA 2-84 Transcripts
A request by the City of Tigard to amend Section 18.32.030 of the
Communzty Development Code to require preparation of transcripts for City
Council members prior to public hearings on appeals of land use matters.
ZONE ORDINANCE AMFNDMENT ZOA 3-84 Conditional Use SCandards
A request by the City of Tigard to amend Chapter 18.130 of the Community
Development Code adding standards for approval of Conditional Uses in all
zones.
ZONE CHANGE ZC 1-84 Hiskoric District Designations
A request by the City of Tigard to designate specific parcels of land as
hi.storic overlay districts (HD) in confoxmance with the ado�ted
Comprehensive Land Use Plan. Pro�erties are the Durham School Site
(Wash. Co. Tax Map 281 13B lot 300) Che John Tigard House (Map 2S1 11BC
lot 26U0) and the 121st windmill (Map 1S1 34CC lot 2000)
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AGEN�A ITEM 5.1
T0: TIGARD PLANNING COMMISSTON
FROM: PLANNING DEPARTMENT
DATE: January 31, 1984
SUBJECT: Russ Krueger COMPREHENSIVE PLAN AMENDMENT CPA 18-83
ZONE CHANG� ZC 14-83
On Januarp 3, 1984, the Planning Commission continued GPQi 18-83 and ZC 14-83
to the February 7, 1984, meeting to allow NPO �� 7 tiane to meet to review this
application.
NPO �� 7 unanimously endorsed approval of CPA 18-83 and ZC 14-83 at their
regular meeting c�n Janua�ry 18, i984.
Staff recommends thak the Pl.anning �omIInisSion recomr.►end approval of the
Comprehensive Plan Am�endment to the City Council and approve the requested
za�� change ta be effective when the City Council apgroves the Comprehensive
Plan Amendment.
dmj{0300P) ',
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STA�F RE�RT
AGENDA ITEM 5.2 I
January 3, 1983 r 7:31J P.M:
TIGARD PLANNING COMMISSI9N i
10865 5W WALNUT ST,
TIGARD, OREGON 97'223
i
A. FINDING OF FACT
1. General Information
CA.SE; CPA 18-83 Comprehensive Plan Amendment Krueger NPO � 7
'LC 14-$3 Zor�e Change
REQUEST: To amens� th� Comprehensive Plan Land Use Map and ttie Zoning
District Map to relocate a Neighborhood Commercial
. de'signaCion from the west side of 135th Avenue, south of tax
lot 100, to the northwest corner of tax lok 1000 along 13Sth
Avenue.
COMPREHENSIVE PLAN DESIGNATION: Medium-High Density Residential '
ZONING DESIGNATION; R-20
R�COI�iENDATION: Based on s�aLf's analysis of applicable plan policies,
provisions set forth in the Tigaxd Community
DeveLopment Code and field investxgation, seaff
recommends that the Planning Cou�ission recommend
appraval of th�e Comprehensive Plan Amendm.ent to the
City Council �s requested and approve the requested
zone change to be effective when the City Council
approves the GPA.
APPLICANT; Russ Krueger OWNER: Margery Krue�er � Uther °
12225 SW 2nd AVe. Rt. 1 Box 792
B�averton, Or. 97005 Beaverton, Or. 97007
LOCATTON: Northeast corner af tax lot 1000 (1S1 33D), on west side of
SW 135th Avenue.
LOT AREA: Approximately 3.5 acres.
NPO COMMENT: No written comment had been received at the writing of
this report.
PUBLIC NOTICES MAILED: Nine notices were msiled. No written comments
had been received at the writing of this report.
2. Background
On August 22, 1983, the City Council �pproved a Comprehensive Plan
Amendment request and designated the subject site aa Medium-High Uensity
Residential.
�
On July 12, 1983, the Planning Commission approved a Comprehen�ive Plan
AmendmenC and a Zone Change requeot for the subject site and designated
it as R-20.
On Jt�ne 23, 1983, the Portland Metropolztan Area Boundar� Comuiission
annexed the subject property to the City of Tigard.
In June, 1983, the City agreed to utilize Che County's la�d use
designation for the annexation area. Ztrese d�esignations were closely
matched to City designations.
In April, the Washington County Board of Commissioners adopted the land
use designations for the Bull MountAin Community 1Plan CPO # 9. Zhis
; document was later adopted with t�►e other portions of the County
Comprehenaive Plan via an engrossment ordinanee.
3. Vicinity Inf�rmation
. The surrounding land uses �re as follows:
The areas to the north, south and west are vacant and are designated
Medium-High Density Residential.
The aress to the east are designated medium density residential.
4. Site Information
The subject property is a vacant, fairly flat agricultural land covered
with grass.
B. APPLICABLE PLANNING POLICIES
1. Comprehensive Plan Policies
2.1.1 THE CITY SHALL MA.INTAIN AN ONGOING CITIZEN INVOLVEMENT
PROGRAM AND SHALL ASSURE THAT CITIZENS WILL BE
1PROVIDED AN OPPORTUNITx TO BE INVOLV�D IN ALL PHASES
OF THE PLANNING PROCESS.
All owners of record within 250 feet of this site were
notified by mail on December, 22, 1983, of the applicaeion ,
request. A notice was published in the Tigard Times.
2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE
PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDAP.LG FORM
FOR ALL INTERESTED CITIZENS.
All interested parties are given at least 10 days to comment
on application requests and are encouraged to dcr so. In
addition, the planning st�ff is available on a regular basis
to answer any questaons on specific applications.
All of the Comprehen�ive Plan policies were r�viewed in light of
this Comprehensive Plan Amendment. This �mendment proposal
generally meets the plan policies related to citizen involvement,
transportation, and public facilities.
STAFF REPORT -- CPA 18-83 and ZC 14-83 - PAGE 2
',i
_
_ _-- --- ------- - —'
The specific policies that pertain to the land use designation are
Eound im the Lflcational Critezia, and are as €alLows:
Comme�ci�l:
12.2.1 THE CITX SHALLc
a. PROVIDE FOR COI�@4ERGIAL UEVELOPMENT BASED ON THE
TYPE OF USE, ITS SIZE AND REQUI�tED TRADE AREA.
b. APPLY ALL APPLICABLE PLAN POLZCIES.
c. APP�.Y THE .APPRUPRIATE LOCATIONAL CRITERIA
APPLICABLE TO THE SCALE OF THE PROJEGT.
Nei�hborhood Commercial
Neighborhood commercial centers are intended to provide
convenrence goods and services within a cluster of stores.
Convenience goods are goods w►hich are bought frequently, at least
weekly, and for which peop�e do n�ot engage in eomparison
ahoppin-g. Ttre uses permitted in the neighborhood center inelude
convenience markets, besuty shops, barber st►ops and repair shops.
The range of uses is limited to thase uses whic:h can be sustained
by a limited trade ares.
A. Scale
(1) Trade Arga. Up to 50U0 people.
(2') Site Size. 1t,io acre maximum.
�3) Gross Leasable Area. Varies.
B� I.ocational Criteria
<1) Spacing sad Location
(a) The service area radius for a neighborhoad
commeraial center sha11 be at least one half af
a mile.
(b) Connnercial development shaJ.l be limitecl to one "�,
quadrant of a street intersection or whc�re the�ce ,
is no stseet intersection, to nne side of the .
sfx�eet:
(2) Access
(a) Th� propoa:ed center or expansion of an existing
center shall not create traffic congestion or a
traffic safety problem. Such a defiermination
shall be based on the ,street capacity� existing
and projected traffic volumes, the speed limit,
STAFF REPORT - CPA 1$-83 and ZC :14-83 - �AGE 3
i . ... , .• :
number of turning movements gnd the traffic
�enesatin.g �har�eteristics o€ tk�e most intensive
use allowed in the zone.
(b)' The sit:e aha11 have direct accesg from one af
th� follawing:
(i) M arterial.
(ii) A cullecto:r street winich wall not d'irect
traffic through local neighboshood streets.
(3) Site Characterietics. The site shall be of a size
which can accommodate the preaent and future uses, but
shaD.l not exceed two acres. '
(4) Impact Assessment
(a) The scale of the project shall be compatible
with the surrounding uses. '
fb) The site configuratipn and characteristics and
relationship to the street syslem shal.� be such
that privacy of adjacent non-commercial uses can
be maintained.
(c) It s�ai?. be poasible to incorporate the unique
features into the site design and development
plan.
(d) The associat�d lights, noise and activities
shall not interfere with adjoining
non-residential uses.
STAFF `REPORT - CPA 18-83 and ZC 14-83 - PAGE 4
� . .
. .
The Neighbarhood l'.,c�mmercial shopping center would have a sma11 grocery
store with same neighborhood sho:ps. The applicant has not det�rmined
the exact size of the center yet (approximately 3.5 acres). However,
the gxoss floor area of the b�ildings would be about 40,U00 square feet
(the grocery store would probably be about 20,00� aquare feet). The
subject site has direct access to a major collector, i.e., SW 135th
Avenue. Street widening and reaAignment of the Mur�ray Blvd, the Old and
New Scholls F�erry Road intezsections will be necessary be€ore the full
urban developm�nt can occur in this area. Specifically, the proposed
alternative alignment of 135th Ave. and Scholls Ferry Road is essential,
since it helps define the exact location of the rneighborhood commereial
center, 7h� alternative alignment was development by Robert Keech (Mr.
Krueger's property traffic assessment study) and was presented to the
City and Caumty staff on December 8, 1983. The cnmmercisl center would
be limited to the northwest corner of the proposed inter,section (of
135th Ave. and �cholls Ferry Road�.
SW 135th Avenue needs major improvements be£ore much development can
• occur. Cuxrently, a joint City/County Street L.I.ib. study is in �r�cess
fnr 135th Avenue.
The neighborhood comnnercial cecxter would be compatible with the
surrounding land uses which include medium and medium-high densiCy
residential, and i.t would also provide an ample supply of l.and�caped
area, since the commerci�l site coverage would only be about 25%0
2� Tigard Communiky Develnpment Cod�
All of the requiremextks set forth in the Community Development
Code have been con�idered in review of this application. The
important limitations on uses in a neighborhood co�nercial are as
�ollaws:
18.60.U45 Spec�.al Li�nital�ions on Uses
A• The use shall be conducted wholly within an enclosed
structure, except as allos�ed in subsection (C) below.
�. No use. shall have a groas floor asea greater than 4,OU0
squ$re feet.
C. Accessory open air sales/display/stora�e shall be permitted
for harticulturs4 ,and food m�rchandise only and shall
constitute no more than SX of the gross building floor area
of any individusl establishment.
D. Uses operating before 7:00 A.M. an,d after 1Q:00 P.M. shall
be subject ta the Conditional Use provisions, Chapter 18.130.
Item B. fs very important, since khe applicant is proposing a 2U,000
square feet g:rocery store along with o[her uses over 4,000 square fe�t
in area (toCal gross floor area of the huildings would be about 40,000
s�uare feet) in ttae proposed neighborhood commercial center. Tg►erefore, �
the applicanC is required to submit a variance application to the Gity
b�fore the final d�velopment plans are reviewed.
STAFF REPORT -- CPA 18-83 and ZC 14-83 - PAGE 5
__
� _. _--- _�
e .
C. CONCX.USIONS
The propo�ed Comprehensive Plan: Amendment meets a11 of the appli�able
plan policies and locational crx�terzs. Howe�er, therP are two remaining
issues ta be resolved coneerning the neighborhood comme•rcial area. '
Firstly, the Cit� and �County ha�ve to approve the proposed road alignmenC
for' 135th Avenue and Scholls FPrry Road intezsection �there seems to be
a consen&us over this alignment amongst 'the Citq and County sKaff).
Tt►e `second issue concerns the size of the neighborhood commercial areao
The' Coun�ty comprehensive plan has designated 4 acres for 'commercial area
whiie the City's locational criteri� se`ts a 2 �cre maximu�. Although
the �creage is exceasive accordxng to standard, staff b�lieves that
during this interim time, before the final development plans are
revieweai; (including road alignments), the deaignated acreage is
appropriate. Until that time, sCaff believes it is appropriate to adopt
the Cuunty's designations ss indicated on the CPO � 4 Bu1L Mountain
Community Plan.
I D. RECOMMENDATIONS
_ :
Staff recommends approval of the Comprehensive Plan Amendment (CPA
18-83) and Zone Change (ZC 14-83) request as pr�sposed by the applicant.
Recomrnended Motions
Should the Planning Comnnis$ion decide to approve the request as
presented, the following mation may be made:
"Move to £urward reco�nmendation of approval to the City Council for GPA
�.8-83 from m�dium-t►igh density residential to neighborhood commeraial
and appraval of ZC 14-83 to become effective upon Counci2 approval of
th@ Comprehensive Pla� Amendment."
'�' �'�=.
. ������� .
,� .1� _ ,� "
PRE is qaie APP1tOVED BY; William Ao Monahan
• A,asistant Planner Director of Planning 6
Deve l.o pmen t
(025OP)amj
STAFF REPORT - EPA 18-83 and ZC 14-83 - PAGE 6
,
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. � . �, �.,
RYAf� Q'BR1EN
Pianning Cc�nsultant
1134 S.E, 23rd Ave. • Hiiisboro, Oregon 97123 • (503) 648-4061
Tos City of Tigar.d Planning CGmmission and City Council.
Date: December 20, 1983.
Subject: Flan Amendment for Russ Krueger; Tax Lot 101 , Map 251 -�.B and
Tax Lot 1 000, Map 1 S1 -33C. •
INTRODUCTION
The subject property contains 105 acres and the area nf consideration
is 3. 5 acres. This application is a request to relocate a 2� to l� acre
neighborhood commercial site from tax lot 101 to the northeast corner
of tax lot 1000. This relocation is intended to com ply wit.h a proposed
realignment of 135th Avenue with Scholls Ferry Road. This application
has been submitted at the request of' the Washington �ounty Planning
a,nd Public Works Departments. Public hearings will occur soon �on tYie
135th Avenue LID. Washington � County Staff felt that a dete.rmination
on the proper location of this commercial -land sho.ul.d occur prior to
those hearings. Otherwise, the hearing process may have some coriflicts.
Washington County Plar_ning Department staff feels that a County Plan
Amendment is not necessary, as the Plan text indicates that this
commercial property i.s required to b e located a,t .the intersection of
135th Avenue and the new ea,�t/wESt street which connects Scholls Ferry
Road and 135th Avenue. They indicated that if the street aligriment
proposed in this application iG accepted by the City and the County, that
the relocation of the commErcial la.nd use designation to the nor�;heast
corner of tax lot 1000 will automatically occur without fur�;her acta_ons
by the County.
JUSTIFICATION
A traffic study was prepared by Bob Keech at considerable expence to
identify alternative locations of th.is n�w east/west collector street.
Keech� s report indicates that the proposed �.lignment is the best alter- I
native considering the location of prope.rty lines., prope.rty own.erships, '
existing landuse� in the area, proposed land uses, existing an.d proposed
local streets, topography, functional design, sight distance, and
anticipated year 2000 traffic v�lumes. This report .indicates a need for
a signal at the intersections of Scholls Ferry Road and 135th Avenue.
This report also identifies the locatio�. of the commerci.al site at the
intersection of Scholls Ferry Road instead of 135th Avenue. The Scholls
location is the first choiee af the applicant. However, a review by the
. �. � C �
Page 2
Russ Krueger Plan Amendment
Washington County Planning Department shows that such a choice would
be in conflict with their Comprehensive Plan. With this information
in mind, the applicant chose the 135th Avenue site.
The main reason for this proposed commercial location is the identified
traffic signal at the 135�h Avenue intersection. Other considerations
include the /�� grac3e at the current location. . Also this new location
is more centrally located b�r a larger population base. Only a limited
amount of new development will probably occur on Bull Mountain south of
the applicant property. The current site would ha.ve some sight distance
and gra.ding problems. A1so, substantially more expensive and extensive
cuts and fills will be necessary to make the new east/west road property
line up with 135th Avenue at the current location. The proposed location
is more appropriate because the land is almost flat.
.
COMPLIANCE WITH THE. COMPREHEN'SIVE PLAN
� Coordination with Washington County - This has and will occur.
� Neighborhood Commercial - Concentration of sma11 commercial and per-
sonal service uses for daily shopping and related needs of nearby
residerits. .
� Citi�,eri. Involvem�r�t - .This will be available through the notification
and hearing process.
� Na�tural Features and Open Space - The property is rot identified for
open space preservatiori and contains no unique natural features in
need of preservationo
� Ph.ysica7_ Limitatians and Natur�.l Hazards - None are located on the
property.
# Air, WatEr, and Zand Resource Quality - Air- pollution will be cut by
closer proximity of commercial uses to residential. No impacts ta
water and �and resource quality� are anticip�.ted.
�` Economy - This application and land development caill help improve and
diversi�'y the economy of the state.
_ � Housing -- This application will have no effect on housing opportunities.
T` Public Facil.ities and Servicas - They are all a.vailable.
� Transportation - This application will have a positive effect on the
Tigard Transportation System. It will help implement the improvement
of 135th Avenue and the proposed new east/west street connection of
Schol.ls Ferry Road and 135th Avenue.
, � ( . (�
Pa�e 3
Russ Krueger Plan Am�nc3ment
%� Neigh�borhood Planning Organization No. 3 - The 1975 Ti�ard P1an
opposed a praposed Murray Boulevard Extention through NP0 #3 to
Gaarde and Pacific Highwayo T.he City and residents felt it should
be located on the west side of Bull Mount�.in to relieve local
streets.
The policies ana implementation strategies of the 1983 Tigard Plan
indicate the following�
A. The City shall work with o-ther governmental bodies to develop an
arterial street system on the west side of Bull Mountain between
Murray and Pacific Highway which does not go through existing
residential neighborhoods.
' B. Gaarde and 121st shall be 2 lane roads�
TH� COMMUNITY DEVELOPMENT CODE STANDARDS Ok' THE NEIGHBORHOOD COMMERCIAL
ZONE
The intent of this zone is to allow cluster stores for convenience goods
which are bought frequently a.nd which do not involve comparison shopping.
These uses include convenience markets, beauty shops, barber shops,
and repair shops. The uses are ititended, to service a limited trade
area. No use is permitted to have a gross floor area over L,., 000 square
feet. Houis of operation. are limited to 7 :00 am to 10:00 pm, unless
a conditional use permit is approved.
COMMENT
The subject p.roperty is intended to be develnped with a grocery store
and other shops and u�es over /�, 000 square feet in area. Therefore,
a vari.ance, a zone change to General Commercial or a Commercial devel-
opment plan in conjunction with a. PUD will be submitted to the City
in the future. A Grocery Store Market Study was recently prepared -for
Washington County. This study was submitted to the City for review
- with this applieation. This study indicates that 5- 24 square feet
of grocery store floor. area is needed per person� Therefore, to
accomodate �, 20, 00� square foot grocery store on this site, a popu--
lation of 3800 to 1�000 pe�ple is necessary, If the applicants property
is developed at an avera.ge density of 15 units per acre, about 1500
housing units or a population of approximately 3000 people will occupy
just the applicants pr.operty. Substantially more popul�.tion in the
range of 3000 to /�000 more people wila_ be available in the immediate
area. This level of population is more than adealuate to support a
20, �00 square foot ;rocery store on the subject property. The �attached
map shows the �enera.l area and other proposed and existing commercial
shopping cent�r sites. This pro�osed site .de.fin,itely does not conflict
with these other sites.
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STAFF REPORT
AGENDA iTEM 5.2
FFSRUARY 7, 1984 - 7:30 P.M.
TIGARD PLANNING COMMISSION
FUWLER JUNIOR HIGH SGHOOL - LGI ROOM
10865 S.W. W�LNUT ST. , TIGARD, OREGON
A. FINDING OF FACT
1. General Information
CASE: Subdivision S 10-83 (Shadow Park) NPO ��1
REQUEST: The applicant is requesti:ng preliminary plat approval in
order to develop 80 single-family detached units.
COMPREHENSIVE PI�AN DESIGNATION: Low Density Residential
ZONING DESIGNATION: R-4.5 and R-12
RECOMMENDATION: Based on information submitted by the applican't,
staff's review of applicable comprehensive plan
policies, zoning code provisions, and field
investigation, staff recommen�s approval of S 10-83.
APPLICANT: Century 21 Properti.es, Inc. OWNER: same
7160 S.W. Hazelfern Rd.
Tualatin, OR 97062
LOCATION: 9125 S.W. 0'Mara Sk. (Wash. Co. Tax Map 2S1 2DB, ZoL-s 400
and 500)
LOT AREA: 20.38 acres
NPO COMMENT: NPO ��1 has not responded in writing to this
application.
PUBLIC NOTICES MAILED: Thirty-t11re� notices were mailed. No written
comments have been received at the writing of
this report.
2. Background
No previous actions on this property.
3o Vicinity Infnrmation
The surrounding land u�es are as follows:
_ _ -- -- l
i __ _ _ _ _
To the north is designated Centxal Business District wi.th an open space
overlay �Fanno Creek). Tq the south and west is desi.gn�ted Low Density
Residential, zonad R-4.5, and c��veloped as sitigle-family residences. To
the east is designated GBD and zoned R-12(PD).
4. Site Information
Tlie westerly half of the development has one large alder grove. Sizes
of the alders vaxy from 3 to 8 inches in diameter. An apple orchard
fronL-s the existzng house. On 92nd Street a grove of 10 to 24 inch
diameter firs exist. The Fanna Creek floodplain exists on the northerly
portion of �he site. Two drainageways bisect the site, running south to
north. Two ponds also exist nn the site.
B. APPLICABLE PLANNING POLICIES
l. Comprehensive Plan Policies
2.1..1 THE CITY SHALL MAINTAIN k1N ONGOING CITIZEN INVOLVEMENT
PROGRAM AND SHALL ASSURE THAT CITIZENS WILL BE PROVIDED AN
OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING
PROCESS.
Notices were sent to all property owne-rs within 250 feet of this
applzcation. A notice was pubXislled rn the Tigard Times ori
January 26, 1984. NPO ��1 was notified of this application.
2.1.3 THE CITX SHALL ENSURE THAT INF012MAT�ON ON LAND USE PLANNING
ISSUES IS AVAILABLE IN AI� UNDERSTANDABLE FORM FOR AZ,L
TNTERESTED CITIZEN�.
All interested citizens are given at least 10 aays to comment in
writing on all applications and are encouraged to do so.
3.2.2 THE CITY SHALL;
a. PROHIBIT LAND FORM A'LT�,RATIONS AND D�VELOPMENT IN THE
FLOODWAY EXCEPT ALTERATIONS MAY BE ALLOWED WHIC1�
PRESE1tVE OR ENHANGE THE FUNCTION AND MAINTENANCE 0�
TH� ZERO-FOOT FLOODWAY; AND
b. PROHIIiIT LAND FORM ALTERATIONS OR DEVELOF'MENT IN �'HL
FLOODPLAIN OUTSIDE THE ZERO-FOOT RISE �`LOODWAY EXCEPT
AS FOLL047S:
1. LAND FORM ALTERATIONS SHALL BE ALLOW�D WHICH
pRESERVE OR ENHANGE THE FUNCTION OF THE
ZERO-FOOT RISE FLOODWAY.
i
3.2.3 WHERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOW�D
WITI�IN THE 100-YEAR FLOOIDPLAIN OUTSIDE THE ZERn-FOOT RISE
FLC�ODWAY, THE CITY SHALL REQUIRE:
PAGE 2 - STAFF REPORT S 10-83 - FESRUARY 7, 19$4
a. �'1�E ST.REAMFLOW CAPA�ITX OF THE 'LERO-I�'OOT RISE FLOODWAY
�E I�lATNTAINED;
b. ENGINEERED DRAWINGS AND DO�UMENTATION SHOWING THAT
THERE �dILL BE NO DETitIMEN'�AL UPSTREAM GHANGES IN TIiE
FLOODPLAIN AREA, AND THAT THE CRITERIA SET F�RTH IN
THE SENSITIVE LANDS SECTION OI�' THE CODE HAVE BEEN MET;
c. THE DEDICATION OF SUFFTCIENT OPEN LAND AREA FOR
GREENWAY ADJOINIPTG THE FL�ODPLA:tN INCLUDING PORTIONS
AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A
' PEDESTRIAN/BICYCLE PATHWAY WITHIN THE FLOODPLAIN IN
ACCORDANCE WITH THE ADOPTED PEDESTRIAN/BICYCLE PATHWAY
PLAN.
The Fublic Wcrks Director requires that the land withi❑ the
100-year flood�l:ain be dedicated to the Ci.ty. The applicant must
apply for a Sensitive Lands permit because of proposed land f�rm
alterations. These alterations affect the floodplain, the
drainageways, and the wetlands �ponds).
The City will require that the applicant propose a grading and
channelization plan for the fLoodplain and acquire appraval from
the Public Wo�ks Director.
6.1.1 THE CITY SHALL PROVIDE AN OPPORTUN�TY FOR DIVERSITY OF
HOUSING DENSITIES AND RESIDENTIAL TYPE> AT VARIOUS PRICE AND
RENT LEVELS.
The applicant is proposimg to build single family residences on
4500 to 9000 square foat lots.
6.3.1 THE CITY SHALL DIRECT ITS LAND USE ACTIONS TOWb1RD THE
MAINTENANGE AND IMPROV�MENT OF ESTABLISHED RESIDENTTAL AREAS
BY:
a. DFSIGNATING ON THE COMPREHENSIVE PLP,N FUTURE LAND USE
MAP THE '"ESTABLISHED AREAS" GOMMITTED TO RESIDENTIAL
DEVELOPMENT WITHIN THE PLA.Nh]IN� AREA. WITHIN THE
"ESTABLISHED AREAS" NEW UEVELOPMENT I+IILL �� OF THE
SAME TYPL AND DENSITY IN ORDER TO PROTECT THE
CHAItACTER OF E�{ISTING NEIGHBORli00AS. I
6.3.2 IN THE TIGARD COMMUNITY DEVELOPMENT CODE 'LHE CITY SHALL
REQUIRE A DENSITY TI2ANSITION WHEREBY INCREASED RESIDENTIAL
DENSITIES ARE ADJACENT TO ES'TABLISHED AREAS IN THE FOLLOWING
MANNER:
a. THE DENSITY WIT�IIN 100 I'EET OF EACH PROPERTY LINE
SHl�LL NOT EXCEED 25� OVER THE AENSITY SHOWN ON THE
COMPREHENSIVE PLAN FOR THE ADJACENT LAND UNLESS THERE
IS AN INTERVENING ROAD (MAJOR COLLEGTOR 0�'. ARTERIAL)
IN WHICH CASE THIS PROVISION SHALL NOT APPLY.
PAGE 3 - STAFF REPORT S 10-83 - FEBRUARY 7, 1984
� .
b. WHERE THE PROPOSED DEVELOFMENT ?BUTS AN FXISTI�G
HOUSING DEVELOPMENT, THE HOUSZNG TYPES SHALL BE
COMPATIBLE. FdR EXAMPLE: ,
L. TWO HQUSING UNITS WHICH ARE ATTACHED ARE
CONSIDEREA COMPATIBLE WITH A DETACHED SINGLE
FAMILY UNIT; BUT
2. MORE THAN TWO HOUSING UNITS WHICH ARE ATTACHED
ARE NOT CONSIDERED COMPATIBLE WITH A SINGLE
FAMILY DETACHED UNIT.
6.3.3 IN ALL PHASES OF THE DEVELOPMENT AYPROVAL PROCESS IN A
RESIDENTIA'L "�STABLISHED AREA", A PRIMARY CONSIDERATION OF
THE CITY SHALL BE TO PRESERVE AND ENHANCE THE GHARACTER OF
THE ADJACENT ESTABLISHED AREAS.
The Shadow Park subdivision is within the Established Development
Area. The new development consists of single family detached
residences on individual lots. One-half of the site is to develop
at a higher density, as allowed in an R-12 zone. The remaining
half of the site is ta de�elop at an R-4.5 density.
The development does not meet the density transition policy for
develapments abutting Established Areas �6.3.2 �a)). Lots 1, 2,
17, ].8, 19, 20, 38, 39, 40, and 41 are within 100 feet of the
site's property line which is adjacent to an existing neighborhood
across 0'Mara Street. The dsnsity of these proposed lots is 9.6
units per acre. Thi.s density is almost 100% greater than the
density shown on the Comprehen.sive Plan Map for the adjacent
existing neighborhood. The Comprehensive Plan states that the
deneity for these proposed lots shall not exceed 25% over the
R-4.5 for the existing neighborhood. The applicant can anly have
a density of 5.6 units per acre for the transitional area af the
development.
7,]..2 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT
APPROVAL THAT:
�. DEVELOPMENT CQINCIDE WITH THE AVAILABILITY OF ADEQUATE
SERVICE CAPACITY INCLUDING:
1. PUBLIG WATER;
2. PUBLIC SEWER (N�W �EVELOPMENT ON SEPTIC TANKS
SHALL NOT BE ALLOWED WITHIN THE GITY) ; AND
3. STORM DRAINAGE.
b. THE FACILITIES ARE:
1. CAPABLE OF pJEQU�TELY SERVING ALL INTFRVENING
PROPERTIES AND THE I�o��OSED DEVELOPM�NT; AND
2. DESIGNED TO CITY STANDARDS.
PAGE 4 - S'rAFF REPORT S 10-33 - FEBRUARY 7, 19$4
c. ALL NEW DEVELOPMENT UT�LITIES TU BE PLACED UNDERGROUND.
The applicant will pravide only a subsurface drainage �ystem as
requixed by the Engineering Division.
The Fanno Creek Interceptor exists just north of this site with an
8 inch sanitary collector extending south along the east side of
the Shadow Paxk site. The ap�licant proposes to connect to this
line and extend it through the developmenr, with connections to
0'Mara Street at 91st Street. This extensiom to 0'Mara will serve
o'ff-site areas not gresently on s�wer. I
The applicant will provide water service by connecting to a Tigard
Water District line on 0'Mara Street. The applicant propr�ses to '�
interconnect Hill, Lake and 0'Mara Streeks with water lines and 'i
install a line on 91st and 92nd Streets. Typical fire hydrant
locations are shown but the applicant is advised tt�at the Tigard
Waker District wi11 perform all Engineering designs for hydrant
locations with the advice of the Tualatin Fire District.
The Engineerin�; Division has advised the Plannin� staff that all
power, telephone, and cable television must be placed underground.
7.6.1 THE CITY SHALL' REQUIRE AS A PRECONDITION TO DEVELOPMENT THAT:
a. THE DEVELOPMENT BE SERVED BY A WATER SYS'PEM HAVING
ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPOSES;
b. THE DEVELOPMENT SHALL NOT REDUCE THE WATER PRESSURE IN
TkIE AR�AS BELOW A LEVEL ADEQUAT� FOR FIRE PRUTECTION
PURPOSES; AND
c. THE APPLICABLE FIRE DISTRICT REVIEW ALL APPLICATIONS.
The Tualatin Fire Districfi accepts the general layout of this
development and w�ill coordinate fire hydrant placement with the
Tigard Water District when the Water District actually creates the
engineering drawings far the development.
7.8.1 THE CITY SHALL WORTiC CLOSELY WITH THE SCHOOL DISTRICTS TO
ASSURE THE MAXIMUM COMMUNITY USE OF THE SCHOOL FACILITIES
FOR TIGARD RESIDENTS THROUGH LOCATION CRITERIA AND THE
PROVTSIONS OF URBAN SERVICES.
The Tigard Scho41 District has reviewed the applicant's School
Impact Statement and feels that the number of students which could
be anticipated from the Shadow Fark development c�n be absorbed
into the existing school facilities.
7.2.1 THE CITY SHALL REQUIRE AS A I�REGONDITION TO DEVELOPMENT THAT:
a. A SITE DEVELOPMENT STUDY BE SUBMITT�D FOR DEVELOPMENT
IN AREAS SUBJECT TO POOR DRAIN,AGE, GROUND INSTABILITY
OR FLOODIIdG WHICH SHOWS THAT THE DEVELOPMENT IS SAFE
AND WILL NOT CREATE ADVERSE OFF-SITE IMPACTS;
PAGE 5 - STAFF REPORT S 10-83 - F�BRUARY 7, 1984
_ ___ _ _ -- -- - .�
I
b. NATUdtAL DRAINAGE WAYS BE MAINTAIN�D UNLESS SUBMITT�D '
STUDIES SHOW THAT ALTERNATI�E IIRAI�AGE SOLUTIONS CAN
SOLVE ON-SITE DRAINAGE PROBLEMS AND WI�L ASSURE N0
ADVERSE OFF-5ITE IMPACTS;
c. ALL DRAINAGE CAN BE HANDLED ON-SITE OR THERF IS AN
ALTERNATIVE S�LUTION WHICH WILL NOT INCREASE OEF-STTE
IMPAGT;
d. THE 100-YEAR FLOODPLAIN ELEVATION AS ESTABLISHED BY
THE 19�31 FLOOD INSURANCE STUDY CONDUCTED BY TH;E UaS.
ARMX CORPS OF ENGINEERS BE PROTEGTED; AND '
e. EROSION CONTROL TECHNIQUES BE INCLUDED AS A PART OF
THE SITE DEVELOPMENT PLAN.
The applicant must obtain a Sensitive Lands permit which contains
a site development study that addresses 7.2.1 (a), (b), (c), (d),
and (e).
8.1.3 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVELOPMENT
APPROVAL THAT:
a. DEVELOPMENT ABUT A iUBLICLY DEDICATED STREET OR HAVE
ADEQUATE ACCESS APPROVED BY THE APPROPRIATE APPROVAL
AUTHORITY;
b. ST'REET RIGHT-OF-WAY BE DEDICATED WHERE 'THE STREET IS
SUBST.4NDARD IN WIDTH;
c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE
STRE�TS, CUItBS AND SIDEW,AI,�S TO CITY STANDARDS WITHIN
THE DEVELOPMENT;
d. INDIVZDUAL DEVEL,OPERS PARTICIPATE IN THE IMPROVEMENT
OF EXISTIi�� STREETS, CURBS AND SIDEWALKS TO THE EXTENT
OF THE DEVELOPMENT''S IMPACTS.
The public development abuts publicly dedicated street�. The
streets within the development will be �-,�blicly dedicated. The
deveAaper wi11 construct the public improvement§ within the
development to City standards. The developer will share in rlie
cost of up�rading 0'Mara Street.
2. Gommunifi llevelo menr Code
Y P
18.160.060 Approval_Standards - Preliminary Plat
A. The Commission may approve, appiove witil conditions or deny a
preliminary plat based on the following approval criteria:
1. The proposed preliminary plat complies with the City's
Comprehensive Plan and the applicable zoning ordinance;
YAG� 6 - STAFF REPORT S 1.0-$3 - FEBRUARY 7, 1984
Staff Analysis ° The development does not meet Comprehensive
Plan policy 6,3.2 (a) whieh re�uirzs a density transition
betweeil increased residential aensity development adjacent
to Established �.reas.
The ap:plicant, in order to meet Comprehensive Plan policies
concerning floodplain alterations (302.2 and 3.2.3) must
acquire a SensitivE Lands permit.
The development conforms to the allowable densities for an
R-4.5 and an R-12 zone. The lots meet �he minimum lot sizes
for° each applicable zone (minim�m 7500 square feet per lot
for an R-4.5 zone and a m�nimum 3050 for an R-12 zone).
The applicant praposes a variance from the set back
requirements for an R-12 zone. However, the applicant has
not paid a fee at the time the application was submitted
and, thus, the staff did not rev:iew this request.
2. The proposed plat name is not duplicative or otherwise
satisfies the provisions of OR5 92.090(1);
The proposed plat name is not duplicative.
3a The streets and roads are laid out so as to conform to the
plats of subdivisions and maps of majoz partitions already
approved for adjoining property as to width, general
directaan and in all other respects unles� the City
determines it is in the public interest to modify the street
or road pattarn.
The Engineering Division has reviewed the preliminary plat
and �Einds the streets are zn conformity to adaoining streets
in suxrounding subdivisions.
4. An explanation has been provided for all common improvements.
Pr�liminary plans and profiles fox the streets within the
development have been provided to the Engineering Division. i
C. COIVCLOSIONS
The applicant must acquire a Sensitive Lands permit for alterations
within the 100-year floodplain, drainageways, and wetlands on the site.
However, the applicant does not need this permit prior to application
for preliminary plat approval.
PAGE _7 - STAFF REPORT S 10-83 - FEBRUARY 7, 1984
� ' _ -- --
D. RECOMMENDATION �
Staff recommends approval of the preliminary plat for 5 10-�83.
Conditians should be attached by the Plannin� Commission at the February
7, 19$4, public he�rin�.
PREPARED BY: APPROVED BY:
C
Steve Skorney ' � William A. Monahan
Assistant Planner T�irector of Planning
and Development
(SS;pm/0304P)
PAGE g - STAFF REPORT S 10-83 - FEBRUARY 7, I984
[ : ,.: __ I
�P� ��1 MEETING MINUTES - FEBRUARY 1, 19$4 ° 7.Q0 P.M, - TIGARA CITY HALL
Chairman �tl cailed meeti�g to ar�er at 7:00 P.M. At ini�ial roll call, 4
present/1 absent with 25 gues,ts were present.
Chairman Qtt announced the need tor members of NPO �tl and received the
following vol�inteers:
Bob Wyf£e1s, 8995 SW Edgewood Street - 620-1577
Ed Duffield, 8895 SW Edgewood Street - 639-•4759
Chairman Okt added the MaeDonald's drive thru to our agenda and mentioned that
a M
Bob Mi11er from century 21 was present to explain tl�e "Shadow Park"
development. Similar "cottage" hauses for small lots (will be 1200/1400
sq.ft.) are bei_ng built off 98th near Greenburg. Mr. Miller presented t'he
Century 'L1 plan and fielded several basically hostile questions. All in all,
the Century 21 plan appears to comply with comp plan guidelines. Century 21
will add 10 feet of pavement on the north s:ide of 0'Mara. Considerable
discussion centered around on-street parking on 0'�Sara. Gentury 21
represen�ative filed an unofficial complai.nt that they have not been allowed
to see or buy a co�y of the coden
If 0'Mara l�as been. designated as a "minor collector" which is b0 feet, street
is 40 feet and 10 feet will widen to the narth; where daes the extra 10 feet
come from? Century 21 representative suggested that the 1Q feet would come
from south residents. 0'Mara residents and NPO �kl feel that there must be a
sight f�nce between development and 0'Mara Street and urge Century 21 to
advocate sueh a f�nee to protect residents who line on the south sa.de of
0'Mara.
Gary Ott requested comments which �IPO ��1 could present to the Planning
Commission at 7:30 P.M. on February 7, 1984 at Fowler Junior High.
1. Fencing between subdivision and surrounding area specifically along 0'Mara
and between Village Glenn area.
2. Street widening is a concern af all in the area; widening as related to
traffic safety.
3. Be sure that streetlights will be provided on 0'Mara.
4. Leave as many sound a'lders as possible to preserve some of the existing
character of tt�e area, '
5. Too many access roads, entry ways, etc. , etc. oa 0'Mara for safety.
6. Secand acce:;s from Hill Street to Greenburg is necessary to serve the
"high rent" portion of Century 21 development, i.e. , utilize lo� 52 as
tt►is acce�s.
NPO N0. 1 - MINUTES - FEBRUARY 1, 1984 - PAGE 1
� _ _ -
Repxe.sentattide� from MaeLonalds ��ob Bn�es, franchi�e ow�ner and fiom Wiggins,
area mana�er) presen:ted theil plans for a drive Chru window. Entry would be
from east bound Main Street with exit into Payless parking lot area.
JB Bishop requested that Planning Director research the files for the
remembered prohYbition of drxve 9.n window.
Garrq Ott expre�sed concern about deterioration of the "waTk in custonier"
approach planned for downtown Tigard.
Harry 0. and Carolyn Ea�ion view the proposed dxive thru favorably,
JB �iishop suggested that standard meeting time be 7:OU P.M. ; most agreed.
Carolyn Eadon voiced concern over the traffic congestion at the post officeo
JB Bishop and Carolyn Eadon each received comp plan bookleks.
Liz Ne�rton revealed that AssociatE Planner assigned eo NPO �k7 & NP0 ��4 will be
Keith Liden and we wi11 be requirecd to request staff attendance if we desired,
othe�wise,' Chairman will obtain key from Police Department.
Gar.y asked for NPO �kl opinion �r recammendation on Century 21 Shadow Park
development.
NPO ��1 approved of this development in concept but has some detail
res�rvations most of which have been expressed in the concezns to be
relayed to the Planni.ng Commission. NPO �kl e$pecially app'lauds the all
single family concept fo Centuxy 21's proposal.
Gary Ott moved to adjourn.
Harry 0. , Secretary
1w/03Q6P
NPO N0. 1 - MINUTES - FEBRUARY 1, 19$4 - PAGE 1
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Planning Commission February 7 , 1984
City of Tigard
Tigard OR, 97223
Subject: Deve�opment Near O'1Kara
Dear Commissioners:
In any development of this size, a major consideration �,
should be the proper handling of trafEic. Tigard, which has it' s
own �et of unique and difficult to solve traffic problems, has
struggled with the proper method of handling traffic in the
U'Nlara - 1�sh Avenue area for over ten years.
Ap�roximately three years ago, a solution was incorporated
into the comprehensive plan. This, culminated five years of
study and hundreds of hours of public hearing. I am making
r�ference to page 70 af the current comprehensive plan -- which
was endorsed by NPO #1 , the Planning Commission, the City
Council , ancl var_ious neighborhood groups.
Briefly, this section addresses tize e uitab
le distribu '
q tion
of traffic which would be travelin.g both into and out of the
downtown area from McDonald. It was the feeling of a11 those
groups involved in the planning process, that an extension of
O'Ma.ra ( just N.E. of it' s intersection witn Frewing) along the
back of the purposed clevelopment until it intersected with Hill
would equitably ctistribute traffic.
For years the extension of Ash 1lvenue has been an issue. The
City Council fel.t that eventhough it would eventually be
necessary to extend Ash Avenue, they placed a precondition of the
final cannection which incl�udes the above mentioned straightening
of O'�dara until it reaches Hill Street.
I submit that the criteria for that decision is still very
much in existence and therefore waulci hope that the planning
commission would request that the above mn�ntioned portion of the
comprehenss.ve plan be included in the develUpers plans.
Respectfully SubmittEd by,
Y�"�`�°---_...._
e - Grah• m
13?. SW Ash Dri e
�!'iga d, OR 9
February 6, 1984
Mr. Monahan and Ti.gard Planning Staff
Ti�axd Planning Commission
Tigard City Council
Tigard� Ore�on, 97223•
Dear Memberss -
This letter is in reference to the Shadow Park �ubdivision
which is to b� developed by Century 21 Properties , Iz�c.
i�y husband, Paul E. Johnson, and myself do not want any
building to occ;ur in the Flaod Plain and Greenway as per the
Tigard City Code. This F1oad Plain a.nd Greenway area was under
several feet of water in January and FeY�ruary, 1977• The rushing
wate�r came within two feet of Hill Street and was just bel.ow the
duplexes. A partion ofthe Philadelphia Square Apartments wa�
threatened with flondirrg. The Greenway and Flood Plain is a
� sit established neighbarhood
natural barrier bet
ween our low den y
and the Cent�al Busines
s D
istrict.
We want the lar�e stand of Alder tre�s to be preserved as
much as possiUl.e to give a natural barrier ixetween our nei�hbor-
hood and the p�oposed development. These trees are a buffer
against noise � wind, absorb air pollutian and help cl.ean the air
plus providing a visual bar�ier �o help retain �he character of
this established neighbarhaodo Tl�ese Alder i:rees also provide
a shel�ter and nesting area for the many birds in the a�ea.
Thank you for your time and consicieratinn,
Sincerely,
C���
`��. c�.�..�.���.�_..L.�.J
Paul E. Johnson
M. Gloria Johnson
-=-- -- >- __ �
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4. We respectfully request that no work be commenced until the
Planning Commission re—studies the plan and holc3s a meeting with the
resic�ents of 0'Mara Street.
'Yours Tru1X,
�,. f
��J- t%2^`Y��
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W. . Gennoy
9050 S.W. O°Mara St. /��' ,`.c',��%"/k���.,a z ,;�,���'j'�
Tigard, Oregon 97223 ��� ("�
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February 7� 1984
Zb; Tigard City z�lanning Commi.ssion
From: Resid�nts of 0'Mara Street
Subjec;t: Development o� Adjacent Property by Century 21
Many of us who live along 0'Mara Street are quite concerned that
the present plan, as submit�ed by Century 21 to the Planning Commis,sion;
will adversely affect ouz property values and our quality of life if a.t
is allowed to pro�eed in its present form.
We do nat object to the land being developed, only the manner i�
which it is to be done as expla�.ned to us at the meeting af the Nai,gh-
borhood Planning Organization #1 •last week b,y �he Century 21 representat�.ve.
1, The�e are three access raads off of 0'Mara. TYzis is �t least
` one to many and the cente� street should not come through to 0'Mara, bu-t
turn, as in an "L" shape, intc� ome o.f the other roads, Tfiis will no•t
be a harcisMip on them wit'h. access to O'Mara at two points as well as
: to Ash and Lake Streets.
2. Fencing should be done by the contractoz to gre�rent our fr�nt
window view from becoming a view in;to the other peoples side a�d rear
Yards where they must. store their extra car or truck or baat or wood or
garxiage. 2t should not be left up to the buver o.f the home to d� as
some will;:; never fence and those that �a will all put up different -�ypes
of fencing and this wi11 not b� very attractive to those of us wha
live acrass the`s�.reet:
3• I� is our apini�n, and is verified by the NPO #1, that the Tigar_d
City Code allows density to be increased by a maximum of 25� greate.r than
the density of those<homes within l00 feet of the �roperty line, Our
,property is clo�er tllan 1OO feet fram the proposed lots of Century 21.
Gaing: from eas� to west along 0'Mara Street, the propertv along our
side of the street {the sotzth side) ranges from �54 acxes to 1.13 acres
in size. Thi.s translates to lots along our street bei.ng lzeld to ininimum
�
of .4G aere
s to .84 acres on the north side.
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STA�F REPOR�
AGENDA ITEM 5�3
TIGARD PLANNING COMMISSION
FEBRUARY. 7, 1984 - 7:30 P.M.
FOWL�R JUNIOR HIGH SCHOOL - LGPI �OOM
10865 S.W. WALNUT
TI�ARD, OR 97223
A. FINDING OF FACT
1. General Information
CASE: S 1°84 Gallo's Vineyard Subdivision NPO ��7
REQUEST: For approval of a preliminary plat for a 15 lot subdivision
on 3.17 acres with a minimum lot size of 7,500 square feet.
COMPREHENSIVE PLAN DESIGNATION: I,ow Density Residential
ZONING DESIGNATION: R-4.5
RECOMMENDATIONc Based on information supplied by the applicant,
Gompx-ehensive Plan policies, Community Development
Code provisions, and field investigation, staff
recommends ap�roval of S 1-84 with conditic�ns listed
in this report.
APPLICANT: Herb Marisette Builders OWNER: same
7470 S.W. 76th Ave.
Poz'CZand' OR 97223
LOCATION: S.W. Tigard St. and S.W. 113th Ave. �Wash. Co. Tax Map 1S1
34DC, Tax Lot 2901).
LOT AREA: 3.17 acres
NPO COMMENT: NPO ��7 unanimously endorsed approval of S 1-84 at
their reg�lar meeting on January 18, 1984.
`J
PUBLIC NOTICES MAILED; 31 notices were mailed.
2. Background
' On June 23, 1978, the Planning Director approved a preliminary plat for I
a 14 lot subdivision with conditions.
On November 13, 1979, the Planning Cnmmission granted an: extension of
the preliminary plat approval.
On April 27, 1981, the Tigard City Counail approved a Comprehensive Plan
Revision from R-7 to R-5 for the subject property.
�
On May 99 19$3, the Tigard �ity Council adoptted the Gomprehensive Plan
Map designatin� the property low density and the Interim Zoning Map
designatin� the property R-4.5
On August 8, 19$3, the Tigard Gity Council apgroved a street vacation on
113th Ave. fa reaYignment of S.W. 113th would be dedicated wh�n the
final plat is xecorded).
On August 30, 1983, the Planning Cammission denied a Comprehensive Plan
Amendment (from Low to Medium Density Resid:ential) and a Zone Change
(from R-4.5 to R-5) request by the applicant.
On November 7, 1983, the Tigard City Council denied an appeal to the
Planning Commission decision made by the applica�xt.
3. Vicinity Information
The surrounding land uses are as follows: The 18na to the north is
designated low density, zoned R-7, and developed as large lat single
family residences. The property west of the site is developed as a
sin�le family subdivision at R-4.5 densities. To the south of t�e site
is a single family residence on 5 acres. A portion c�f that land lies
wikhin the 100-year floodplain. The land east of the site is vacant and
is owned by the Tigard Schoal District.
4. Site Information
The site is vacant, slopes about 4°L to the south away from S.W. Tigard
St. towards the Summer Creek, and it is covered with native brush and
grass.
B. APPLTCABLE PLANNING POLICIES
1. Comprehensive Plan Policies
2.1.1 THE CITY SHALL MAINTAIN AN ONGOTNG CITIZEN INVOLVEMENT
P&OGRAM AND SHALL ASSURE THAT CITIZENS WILL BE PROVIDED Ll.N
OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING
PROCESS.
Notic�s were sent to all property �wners within 250 feet of
this application. A notice waQ published in the Tigard
Times on January 26, 1984. In addztian, NPO ��7 has been
notified of this application.
2.1.3 THE CITY SHALL ENSURE THAT TNFORM?,TION ON LAND USE PLANNING
ISSUES IS AV�AILABLE IN AN UNDERSTANDABLE FORM FOR ALL
INTERESTED CITIZENS.
All interested par�ies are given, at a minimum, 10 days to
respond in writing to the application and request under
consid�ration and are encnuraged to do so. The planning
staff is avai�.able to address any specific questions
concerning the application or the apFlication process.
S�AFF REPORT - S 1-84 - PAGE 2
6.1.1 THE CITY SHA�L PROVIDE AN OPPORTUNI�Y FOR DIVERSITY OF
HOUSING DENSITIES AND RESIDENTTAL TYPES AT VARIdUS PRICE AND
RENT LEVELS.
The subdivision of �his property wi11 provide 15 additional
single family building lots �detached housing) in Tigard
available for ownership by individuals.
6.3.1 THE CITY SHALL DIRECT ITS LAND USE A�TIONS TOWARD THE
MAINTENANCE AND IMPROVEMENT OF ESTABLISHED RESIDENTIAL AREAS
• ' BY:
a. DESIGNATING ON THE COMPREHENSIVE PLAN FUTURE LAND USE
MAp THE "ESTABLISHED ARE:AS" COMMITTED TO RESIDENTIAL
AEVELOPMENT WITHIN THE PLANNING AREA. WITHIN THE
"E�STABLZSk1ED AREAS" NEW DEVELOPMENT WILL BE OF THE
SAME TYPE AND DENSYCY IN ORDF.R TO PROTECT THE
CHARACTER OF EXISTING NEIGHBQRIi00DS.
6.3.2 IN THE TIGARD COMMUNITY DEVELOPMENT CODE THE CITY SHALL �
REQUIRE A DENSITY TRAI�SITION WHEREBY INCREASED RESID�NTIAL
DENSITIES ARE ADJACENT TO ESTABLISEIED AREAS IN THE FOLLOWING
MANNER:
a. THE DENBITY WITHIN 100 FEET OF EACH PROPERTY LINE
SHALL NOT EXCEED 25� OVER THE DENSITY SHOWN ON THE
COMPREHENSIVE PLAN FOit THE ADJACENT LAND UNLESS THERE
IS AN INTERVENING ROAID (MAJOR COLLECTOR OR ARTERIAL)
TN WHICH GASE THIS PROVISION SHALL NOT APPLY.
b. WHE1�E THE PR6POSED DEVELOPMENT ABUTS AN EXISTTNG
HOUSING DEVELOPMENT, THE HOUSING TYPES SHALL BE
COMPATIBZE. FOR EXHMPLE:
1. TWO HOUSING UNITS WHICH ARE ATTACHED ARE
CONSIAERED COMPATIBLE WITH A DETACHED SINGZE
FAMILY UNIT; BUT
2. MORE THAN TWO HOUSING UNITS WHICH ARE ATTACHED
ARE NOT CONSIDERED COMPATIBLE WITH A SINGLE
FAMILY DETACHED UNIT.
6.3.3 IN ALL PHASES OF THE DEVELQPMENT APPROVAL PROCESS IN A
RESIDk�NTIAL "ESTABLISHED AREA", A PItIMARY CONSIAERATION Ok'
THE CTTY SHALL BE TO PRESERVE AND ENHANCE THE GHARACTER OF ,
THE ADJACEIdT, ESTABLISHED AREAS.
The site is withbn an established area and abuts single
family hvmes. The applicant is proposing ko construct
single family homes which will be of the same housing type
as the homes to the west. 'i'he applicant is proposing to
construct 5 single family homes within 100 feet of the S
existing single family homes, anly a 7�G increase in density.
STAFF REPORT - S ].-84 - PAGE 3
7.1.2 THE CIT.Y SH�LL REQUIRE AS A PRECONDITION TU DEVELOPMENT
APP&OVAL THAT:
a. DEVELOPMENT COINCIDF WITH TIiE A.VAILABILITY OF ADFQUA'TE
SERVIGE GA,PACIT'Y INCLUDING;
1. PUBLIC WATER;
2. PUBLIC SEWER (NEW DEyELOPMENT ON SEPTIC TANKS
SHALL NOT BE ALLOWED WITHIN THE CITY); AND
3. STORM DRAINAGE.
�
b. THE FACILTTIES ARE:
1. CAPABLE OF ADEQUATELY SERVING ALL ZNTERVENING
PROPERTIES AND THE PROPOSED DEVELOPMENT; AND
2. DESIGNED TO CITY STANDARDS.
c. ALL NEW DEVELOPMENT UTILITIk�S TO BE PLACED UNDERGROUND.
The applicant is proposing to install public facilities in
accordance with planning policies and requirements set forth
in the C�mmunity Development Gode.
7.4.4 THE CITY SHALL REQUIRE THAT ALL NEW DEVELOPMENT BE CONNECTED
TO A SANITARY SEWER SFRVICE.
The applicant propases to connect to an 8" p�aUlic sewer line
just south of the property and extend the lin� northerly ta
serve lo'ts 14 and 15�
7.6.1 THE CITY SHALL REQUIRE AS A PREGONDITIO?d TO DEVELfJPME�iT THAT:
a. THE DEVELQPMENT BE SERVED BY A WATER SYSTEM HAVING
ADEQUATE WATER PRESSURE FOR FIRE PROTECTION PURPQSES;
b. THE DEVELQPMENT SHALL NOT REDUCE THE WATER PRESSURE IN
THE t�Ii.EAS BELOW A LEVEL A.BEQUATE FOR FIR� PItOTE�TION
�PURPOS�S; ANA
c. THE APPLIGABLE FIRE DISTRICT REVIEW ALL APPLICATIONS. �
A " water line wi11 rovide water services to the sub'ect
� P J
site. The Tualatin Rural Fire Protection District has
re��iewed tk�e project and approved it as acceptable for fire
protection and ac�cess purposes.
8.1.3 THE CITY SHALL REQ(IIRE AS A PRECONAITION TO DEVELOPMENT
APPROVAL THAT:
a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR H,�VE
ADEQUATE ACCESS APPRQVED $Y THE APPROPRIATE APPROVAZ
AUTHORITY;
STAFF REPORT = S 1-84 - PAGE l�
. _ : �
b. STREET RIGHT-OF-WAY BE DED'ICATED WHEAE 1HE STREET ZS
SUBSTANDARD IN WIDTH;
c. THE D�VELOPER COMMIT T0 THE �ONSTRUCTION OF THE
STREETS, CURBS AI3D SIDEWALKS TO uITY STANDARDS WITHIN
TI�IE DEVELOPMENT;
d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT
OF EXISTING STREETS, CURBS AND SIVEWALKS TO THE EXTENT
OF THE DEVFLOPMENT�S IMPACTS.
Access to the property is provided via S.W. 113th Ave. �a
loc'al street wath 50° right-of-way) onto S.W. Tigard Street.
(a minor collector). Since S.W. Tigard St. is substandard ,
in width (existing right-of-way is 40 feet) ad�3itional
right-of-way shall be required to meet the standards
outlined in the 'Comprehensive Plan �a minor collector shall
have 60' right-of-way)�
12.1.1 THE CITY SHALL PROVIDE FOR HOUSING DENSITI�S IN ACCORDANCE
WITHt
a. THE APPLICABLE PLAN POL��IES.
b. THE APPLICABLE I.�OCATIONAL CRITERIA.
c. THE APPLICABLE COMMUNITY DEVELOPMENT CODE PROVI3IONS.
The density proposed in the development cnnforms to those
estab2ished in the Comprehensive Plan Policiesy plan m�ap and
interim zonin� map.
2. Tigard community Development Code
18.15Q.060 Approval Standards - Preliminary Plat
A. The Commissiqn may approve, approve with conditions or deny
a preliminary plat based on the following approval criteria:
1. The proposed preliminary plat complies with the City's
Compreliensi.ve P.lan, the applicable zane ordinance and
other applicable ordinances and regulations;
2. The proFosed plat name ia not duplicative or otherwise
satisfies the pxovisions of ORS 92.090(1);
3. The streets and roads are laid out so as to conform to
the plats o€ subdivisions and mapw of major partitions
already approved £or adjoining property as to width,
general direction and in all ather respects unless the
City determines it is in the public interest to modify
the street or road pattern;
4. An explanation has been provided for all common
improvements.
STAFF REPORT - S 1-84 - PAGE 5
B. The Comsnission may attaeh such conditions as are necessary
to car.ry out the compxe�ensive �lan and other applic.able
ordinances and regulations and may require:
1. Reserve strips be granted to the City for the �urpose
of controlling access to adjoining undeveloped
properties.
L8.50.05 Dimen'sional Requirements. In an R-4.5 zone the lot size
sh�ll be as follows;
1. The minimum lot area shall be 7,500 square feet for
each detached unit.
C. CONCLUSIONS
After reviewing the proposed preliminary plat and conducting a field
investigation, staff finds that the proposed development conforms to
applicable Comprehensive Plan Policies, Tigard Community Development
Cade provisions an� is compatible with the surroun�ing land uses.
Dv RECOMMENDATIONS
Staff recommends approval of the S 1-84 request as proposed by the
applicant with the following conditions:
1. Full half-street 'amprovement shall be made on S,W. Tigard St. to a
minor collector standard (i.e. 60 feet of right-of-way with 40
feet of improvement). In addition, a ten (10') foot r.igh�-of-way
� shall be dedicated to the City along S.W. Tigard St.
2. Full-street improvements shall be required from S.W. Tigard St.
southerly to terminus of the plat (south boundary line) on S.W.
113th Ave.
3. A temporary, hard surface, turn-around shall be pravided at the
end of the new roadway (113th Ave.) ; if no further development is
anticipated to the south, then said turn-around shall be a
standard cul-de-sac, �'rovisions sha11 be made for access to Tax
Lot 300 to the south of the property.
4. Seven (7) sets of plan-profile public improvement construction
plans and one (1) itemized constructian cost esti�mate, stamped by
a registered civil engineer, detailing all pr�posed public
i improvements shall be submi�ted to the City's Engineering Division ,
for review.
5. Construction of proposed public improvements shall not commence
until after the Engineering Division has issued approved public
improvement plans. The Engineering Division will require posting
of a 100°6 performance bond, the payment of a permit fee, and the
execution of a street upening permit or construction compliance
agreement just prior to, or at the tiane of, it's issuance of
approved public i.mprovement plans.
STAFF REPORT - S 1-84 - PAGE 6
l •
6. A detailed storm drainage plan �o� the projeat shall be submitted
to and approved by the City Engineeri�g Di�ision prior to the
issuance of Buiiding Permits �the plan shall address drainage
prablem on western ed�e of the property line).
7. Surve.y condition:
a. Basi� of bearings to the County suxvey 20,267 �center line
survey of S.W. Tigard ST.).
b, Dedication alignment on S.W. Tigard St. to conform to C.�.
�k20,267 alignment.
c. Centerline monumentation required;
1. P»I� 's of copies wh�n their position falls inside
limi�s, otherwisa B.C, & E.C.
2. Centerline inter. @ 113th and Tigaxd shall be set in a
Manument Box (Min. 6" opening).
NOTE; All center Line monuments shall be capped S/8" x 30"
I.R's in Mon. Box (Min. 6" opening) set at finish
grade, or capped 5/8" x 30" I.R's set on surface of
final lift.
8. A .fi.re hydrant to be located at about Lot 10. �exxsting hydrant at
Tigard and 113th). Hydrant shall be approved by the Tigard Water
District.
9. No changes r�r modifications shall be made to appr�ved plans
without written approval from the appropriat� City department,
10. No Building Permit shall be issued until 10 days after Planning
Commission approval.
11. A "Recnrded" mylar copy of final plat shall be submitted to the
City within 15 days after recordingo
RECOAMMENDED MOTI01�
Should the Planning Commission adopt staff's £indi.ngs and i
recommendations, the following motion may be made. "Move to approve, '
with conditions, the applicant's request for a preliminary plat approval
of S 1-84."
� .�� �� � �s
�� r �'�
PREPAI�ED BY: S. Hamid Pishvaie APP�ZOVED BY; illiam A. Monahan
Assistant Planner Directox of Planning & '
Development
(SHP:pm/0290P)
STAFF REPORT - S 1-84 - F�1GE 7
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� ;y: .".ITY OF TIGARD PLANi�1�,NG DEPAPTNf. 1'
SCHOOL IMPACT STAT£MIENT
F'OR RESIDENTIAL DEVELOPb1ENTS OF � UNITS OR MORE
Since one aspect of develapment impact relates �o schools, the follo��ing iizformation
must be completed, and this sheet submi.tted to the Planning Department with the ,
effected application, Please call 639-4171 if thexe are any questions. .
I. THE FOLLOG•JING IS TO BE COi�1PLETED BY THE uEVELOPER
- Name of gerson Gr firm d�veloping tne psoper�y Herb ��orissette 6uiTders Inc.
Person to contact Carl ,lens�n �
Phone number 297-1458 .
Mailing address 1750 S6J Skyl i ne Bl vd, , #19, Portl and. 0'R 97221
- Legal description of property being proposed �or development (map
number and tax lot(s) numk�er • 1 S1 34DC TL 2901
- In order to •expeclite responses from the school district involved, please
inidcate a general vicinity description of the property being pmposed for
x de velopment.
SW 113th Ave, and SbJ Tigard St,
1
- � ;
;
- Daes the proposed developnent requira a: (please Ci�eck appropriafie box) !
i
. �
Plan Amendment
Zone Change
Subdivision X
Variance
Conditional. Use Permit
- Total number of dwelling units being groposed �5 •
.
Pac�Ft 2 ' • •� ._..
. . f
'7{' ' � s
- Ty�e o£ units �irig pr��osec2- .
Single Famil�r Number oF Units 15 '
Uuplex Number of Units
Multiplex Number of Una.ts � .
Mul'tifamilj Number of Units
- How many bedrooms in each unit: , '
Singl.e Fami,1.Y 2 - 3 ' . '
Dupie'x ..
Mult�.plex . , .
Muttiple Fami.ly .
d How many acres are invol.ved in this proposal 3.17 �
.
- When is' construction likel.y to begin: year 84 month July
- Is the d�vzl�pment ta be completed in phases? No T£ so, how
many anci oLer what ti.z*.ie �eriod
- Wherr is the last unit scheduled tc� be e.ampleted: year �r_ month June
i
II. SU$iIIT THE rOcQPLETED FCR2•i TO T'tIE BUSINESS OFFTCB OF Ti3� SCi-�00Z DI�T'RZCT TPT
Wb.i.T:C;fi TH;. �STE BEIN6 PP.OPOSE� FOR DBVET,C1pbIE�T I5 LOrA'�D
ISY. T'r�E �OLLO,VT�1G IS TO BE CO,'KPLE'PED BY APPROPRIATE SC�i00.L DISTRICT O�FICIAL
SCEi00I, � NP.ME EXISTING ENR. EtiT, CRPACT'l'Y
Eleir�ntary Gharl es F. Ti gard 456 ' �gg
Internedi,ate Fowl er Jr. Hi gh 861 " �,ppp
. _._...�_ _._._�_ -- I
xigt► Ti gard Sr. Ni gh 1363 . 1.45b
Arlditic�nG1 �omme.zts: No significant impact enrollment-wise.
.---_�.._
,, _
, Infozznation provi.ded by: �,�Q,,.Q�.�- � Telephone No. 684-�'�Q9
Date. J&nuary 6� Z984 , . .
�
I:V. RETU�v TO D�VEi�OPER FOR StJBMISSTON WTTH APPLICATSON (Name & addre�s cn page 1)
S .
, ,
. . � � . � . . � � - . . -��� J .. . ... . .�'_'_ ___
_
�� ����'�"��� 2
7 '� 3703 S.W. Kanan Drive
�'` ,.�:s �d tr'� �., ��
��'� � ,�;� � Portland, OR 97221 '
,� j" � February 7, 1984
City of Tigarci 1r�i:'�x ,��,�,�
. �
Tigard Planning Commissian�'f��° (}("
Tigards.OR 97223 r�����`l����� ��}��"#
Gentlemen;
Re: Tile Number S 1 -84 Gallo's Vinyard
T reqi�est a delay in this hearing until proper notification procedures to al1
land owners in the area surrounding this requested subdivision are ut-ilized.
On February 4, 1984, I received the above-referenced "Notice of Public Hearing"
from my tenants who reside at 11785 S.W. 113th Place, Tigard, OR 97223 (Lot8,
Muttley,s Addition) . The tenants�had received the notice at that address. Additionally
the notice was not add�essed to Michael J. Bercutt, but rather to a corruption of
the proper spelling. According to the clerk in the Tigard planning Department
the petitioner pravided his own. mailing lisfi rather than utilizing the official
racords of either Tigard or W�shington County. She stated that he �,robably obtained
the list from a Title Company and this was the first time such a pr.ocedure had
been utilized. City of Tigard and Washington County both have the correct address
of record and owner's name on my property acccount. The correct name is Michael
J. Bercutt and the correct address af record is 3703 S.W. Kanan Drive, Portland,
OR 97221. This information was verifie� with Bill �fonahan during the land use
glari review in L983. Since proper notification was not received� by me, just
through luck and the fast thinking of my tenants, I request that the petitioner
resubmit his request for hearing, ensure that owners are properly �otified from
verif ied addresses of record, and allow property owners sufficient time to
prepare for the 1learing.
I am unable to attend the heaxing because of a schedule conf7t,ict and am requesting
therefore that Ctie NPD Chairman submit this letter for the record.
Additionally, until the City �:ngineer and the developer can ensure me that proper
drainage is feasible, I request that any subdivision and/or building permits be
denied. Sending my tenants a letter tellin.g them to pour water down a downspout
and to listen to hear if that can hear it running into a storm drain or street
is not solving the problem. Any rational human can f igure that out without calling
himself a City Engineer and emphasizrng his self-i.mportan�e by appending "p,E."
a�ter his name (unless P.E, stands for "Poorly Equipped") . A rhetorical question•
Does not the inspecti�n of structures dui�ing construction insure that drainage is
proper and according to codey
T believe a Written response would be appropriate.
Sincere�y,
..,.�w�If�A+��
MicYtael J: Bercutt
cc: NPO Chairperson
l „ _
November 30, 1983
TO: ResidenCS of 113th Place
FROM: City Engineer, Tigard
SUBJECT: Lot Drainage to Street
Since the question of water under some or all the homes on S.W. 113th St. south
of Tigard Avenue was brought up during the comprehensive plan hearings for Gallo's
Vineyard, the city s'�aff has had the opportunity to investigate the situation on
several occasions. The following is a summary of our observations and conclusions
and some suggested s�lu�ions if you have this problem:
--�1) Al1 houses are high enough to have oositive drainage to the street from
the crawl space.
�i Ttie public system is easily of adeauate size and design to he able to
handle this problem.
III 3) All h�uses are apparently not hooked to the street system.
� —
-�'� 4� Many and perhaps all houses may have the roof drain systecn connected int�
the foundation drain system at the foundation ins�ead of having two sepa-
rate systems. Water from the roof may be surcharging �he foundation system
and producing a con�rary result. Any failur.e in the foundation drain would
result in roof water flooding the foundation resulting i.n water under the
house.
w-�►5) There may be a ground water probl.em causing waLer under some houses, however,
this is not apparent or obvious.
Suggested solutions:
1) Check all roof downspouts for connection to the street system.
a. Check piQe system from the house to the streeC by inserting a
household sewer 'snake' , a tape measure or any suitably lonq object
znto th� 4': opening in the curb in front of your house (each house
should have at least two) and cletermine if �here is a pipe system
beyond �he curb or the back edge of the sidewalk.
b. On a dry day, run garden hose dawn the downspout from the roof,
and observe where the water goes, i.e. ,
. out the curb hole (observation - this sh�uld occur almosC
immediately) .
. int� the storm drain pipes (observe - and listen at catch basin
for increase in flow - saund travels easily in the pi.pe- you
should post someone with their ear close to the catch basin to
listen prior tv turning on the water. Repeat for each downspo��
after waiting f�r water to clear.
a observe under house for waCer flow, an increase in wat:er ]c�vel
ox• an increase in c3ampness.
b. Dye test thos� systems where previous observat•i�n did not conclu-
sively show where water. is going, then check downsrream, in catch
basins, manh�les, or at: pipe �ut-�alls to stream or ditch Eor, dy�e
coloring (use common food coloring or contact the city for. dyc
tablets, Jerry McNurlin - 639-4171) .
_ 2) If you cannot determine where all the downspouts are draining, you should,
at least �emporarily disconnec�t• the downspou� a� �he point where it• ente�s
the ground and dir�c:L the f1�w away trom the house. Use a sp]ash block,
sheet of plastic, more pipe �r any devace to get the water. away from the
house. (If the gr�und slopes toward �he house, use pipe on the surface,
to carry the water to a point where it drains away from the house.)
The £oregoing are relatively easy and inexpensive. You may want to seek help for
the foll�wing solutions. We su:ggest �he yellow pages under "Drainage", "Contraa-
tors", "Plumbing-Drain & Sewer Cleaning".
3) Next you should check the foundation drain system. �
a. Dig a hole at the foundation wall at the front and the rear of
cuC into the drain system and check as before with a gard�n hose.
Again, the waCer should flow rather quickly into the street �r
` y�- • storm drain system.
� � . You may need to repla�e eit-her the drain pipes to the street or
� � around the house at the foundation.
f (� Yo� may need to dig a sump hole/holes under the h�use and directly
� connect to Che street, in the case of high ground water table or
. you may need a sump pump to pump water into a drain system (not
the sanitary sewer) .
If you need additional advice, please contact me at city hall or phone 639-4171.
�incerely, _
� �
c✓�!��A����.c'2i r/
c�~����
Frank A. Currie, P.E.
Public Works Director
enclosure; Typical house drain details
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STAFF KEPORT
AGENRA ITEM 5.5
FEBRUARY 7, 1984, 7:30 PaM.
TIGARD PLANNZNG COMMISSION
FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM
10865 SW WALNUT STREET
TIGARD9 OREGON 972'13
A. FINDING OF FACT
1. General Information
CASE: Subdivision S 2-84 Bond Park III NPO #5
REQUEST: For preliminary plat approval of a 33 lot single family
detached subdivision.
COMPREH�NSIVE PLAN DESIGNATION: Medium Density Residential
.
ZONING DESIGNATION. R°12
RECOMMENDATION: Based on information submitted by the applicant,
staff's analysis of applicable Comprehensive Plan
policies, Community Development Code provisions, and
field investigation, staff recommends approval of
S 2-84 with conditions listed in this staff report.
APPLICANT: Waverly Const. Cos OWNER: George & Barb Koch
10185 SW Riverwoo� 4Q0 E. Division St.
Tigard, Or 97223 Sherwood, Or 97140
LOCATION: Between SW 79th and SW 81st Avenue and north of SW Durham
Road (Wash. Co. Tax Map 2S1 12CC, Tax Lots 190�, 2000 and
po�tion only of 100).
AREA: 5.13 acres
NPO GOMMENT: NPO �k5 reviewed the application S 2-84 at their
regular meeting on January 18,1984, but did not make a
�ecision concerning the applicant's request.
PUBLIC NOTICES MAII�ED: 29 notices were mailed.
2. Background
On July 12, 1983, the Planning Gommission approved a 24 lot subdivision
on 3.76 acres �S 5-83 Bond Park I) with a change from duplexes to single
family dwellings.
On Ju.1y 19, 1983, the Planning Commission approved a preliminary and
general plan for an approved 24 lot subdivision on 3.76 acres (S 5-83 PD
B�nd Park I) with reduced sPtbacks.
_ '�
On November 15, 1983, the Planning Commiysion approved a preliminary
plat for a 24 lot single fatni�y detached subdivision tS 9-83 Bond Park
II).
�n January 3, 1984, the Planning Commission approved a modification of
an approved preliminary plat S 9-83.
3. Vicinity In�formation
The surrounding land uses are as followst
To the north is designated medium density, zoned R-7, and is vacant. To
the souCh is designated medium density, zoned R-12, and developed as
single family residential. To the east is designated medium density,
zoned R-12, ancl is vacant (proposed site for Bond Park II). To the west
is designated medium density, zoned R-12, and is vacant.
4. Site Tnformati�n
The subject site is vacant, slopes toward the east franging from 1% to
15%, with steepest slopes in the southern portion of the site). There
are several coniferous trees on the site averaging from 6" to 12" in
diameter, and there are watercourses (a small stream) on the site. The
stream will be replaced with an 18" storm sewer.
B. APPLICABLE PLANNING POLICIES
1. ComprehPnsive Plan Policies
2.1.1 THE CITY SHALL MAINTAIN AN ON�OING CITIZEN INVOLVEMENT
PROGRAM AND SHALZ ASS[TRE 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 received notice
of the heaxxng in the mail. A public notice was printed in the
Tigard Times on January 26, 19�34. In a�i:xition, NPO �k5 was
notified of the application.
2.1.3 THE CITY SHALL ENSURE THAT INFORMA.TION ON LAND USE PLANNING
YSSUES IS AVAILABLE IN AN UNDF�RSTANDABLE FORM FOR ALL
INTERESTED CITIZENS.
All interested parties are given 1�J days at a minimum to comment
and are encoura ed to do so. The
Ia nin issues g
on land use p n g
plannang staff is available on a regular basis to answer any
questions an specific applications.
6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR DIVERSITY OF
HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICE AND
RENT LEVELS.
The subdivi�ion of this property will provide 33 single family
detached dwelling units on 5,000 square foot lots. The applicant
states that by utilizing the site at this density �6.4 units per
acre), it will be possible to provide affordable housing.
STAFF REPORT - S 2-84 - FEBRUARY 7, 1984
7.1.2 THE CITY SHALL REQUIRE AS A P�tECONDITION TO DEVELa�'MENT
APPROVAL THATt
a. DEVELOPMENT COINCIDE WITH THE AVAILABILITY 0�' ADEQUATE
SERVICE CAPACITY TNCLUDING:
1. PUBLIC WATER;
2. PUBLIG SEWE�i (NE'W DEVELOPMENT ON �u"EPTIC TANKS
5'HALL NOT BE ALLOWED WITHIN THE CITY); AND
3. STORM DRAINAGE.
b. THE FACILITIES ARE:
1. CAPABLE OF ADEQUATELY SERVING ALL INTERVENING
PROPERTIES AN� THE PROPOSED DEVELOPMENT; AND
2, DESIGNED TO CITY STANDARDS.
c. ALL NEW DEVELOPMENT UTILITIES TO BE PLACED UNllERGROUND,
The applicant is proposing to inst�ll public facilities in
accordance with planning policies and City ordinances.
The territory "is within the Tigard School District 23J. The following
informakion was provided by the applicant.
Three �chools that s�erve this a:rea and their existing enrollment and
capaca.ty are sllown velow;
Type School Name Capaeity Existing Enrollment
ETemenCary Durham 147 13b
Intermediate Twality Junior Higk► 950 816
High Tigard Senior H�.gh 1,450 1,363
The School District indicates that any significant numbers of
I elementary-age students coming from Chis development would have to be
accommodated most likely by a ehange in elementary attendance boundaries.
7.4.4 THE CITY SHALL REQUIRE THAT ALL NEW DEVELOPMENT BE CONNECTED
TO A SANITARY SEWER SERVICE.
The applicant is proposing to connect to Che Fanno Creek interceptor
�ewer line=
7.6.1 THE CITY SHt�LL REQUIRE AS A PRECONDIIION TO DEVELOPMENT THAT:
a. THE DEVELOPMENT BE SERVED BY A WATER SYSTEM HAVING
ADEQU.ATE �+IATER PRESSUItE FOR FIRE PROTEGTION PUR�'05ES;
b. THE DEVELOPMENT SHALI, NQT REDUCE THE WAT�R PRESSURE IN
THE ARE�S BELOW A LEVEL ADEQUATE F�R FIRE PROTECTION
PURPOSES; A1�D
c. THE APP'LICABLE FIRE DISTKICT R&VIEW ALL APPLICATIONS.
The Tualatin Rural Fire Protection District has reviewed the project,
but �as not s:ubmitted any written comments.
STAFF REPORT - S 2-84 - FEBRUARX ';, ,1984
�
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The Tigar�] Water District has reviewed the project pncl inda�ated that
, �
adequate water is available on the subject site.
$.1.3 THE CITY SHAT,L REQUIRE AS A PRECONDITION TO DEVELOPMENT
APPROVAL THAT:
a. DEVELOPMENT ABiIT A PUBLICLY nEDICATED STREET OR HAVE
,AnEQUATE ACC'ESS APPROVED BY THE A,PPROPRIATE APPRO'VAL
AUTHORITX;
b. STREET RIGHT-4F-WAY BE DEDICATED WHERE THE STREET IS
SUBSTANBARD IN WIDTH;
c. THE DEVELOPER COMMIT T0 THE CONSTRUCTION OF THE
STREETS, CURB'S AND SInEWALKS TO CITY STANDARDS WITHIN
THE DEVELOPI�IENT;
d. INDIVIDUAL �EVELOPERS PARTICIPATE IN THE IMPROVEMENT
OF EXISTIiVG STR�ETS, CURBS AND SIDEWALKS TO THE EXTENT
OF THE DEVELOPMENT'S IIy1PACTS.
The applicant is praposing to extend SW Bond Street �o the west. SW
Waverly Court and SW 80th Avenue will be constructed to City standards
�as public streets).
12.1e1 TH� CITY SHA�,L PROVIDE FUR HOUSING DENSITIES IN ACCORDANCE
WITH:
a. THE APPLICABLE PLAN POLICIES.
b. T_HE APPLICABLE LOCATIONAL CRITERIA.
ce THE APPLICABLE COMMUNITY DEVELOPMENT CODE PROVISIONS.
2. Ti�ard Community Development Code •
1$ 1b0 06� Approval Standards - Preliminary Plat
A. The Commission may approve, approve with conditions or deny a
preliminary plat based or� the following approval criteria:
1. The proposed preliminary plat complies with the City's
Compr�hensive Plan, the applicable zone ordinance and ather
applicable ordinances and regulations;
2. The proposed plat name is not duplieative or atherwise
satis�ies the provisions o:f ORS 92.090{1) ;
3. The streets and roads are laid out so as to conform to the
plats of s:ubdivisioris and maps of major pa�titions al.ready
approved for adjoining property as to width, general
direction and in all other respects unless the Ci.ty
determines iG is in the public interest to modify the street
�r road pattern;
4. An explanation has been provided for all common improvements.
STAFF REPORT ^ S 2-84 - FEBRUARY 7, 1984
� _
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i
The proposed prPliminary plat complies with the Comprehensive Plan. The
street system designed for the proposal conforms to the plats of
subdivisions, ive. , Bond Park II to the east.
i$.54.050 Dimensional 'Reguiremenks. The minimum setback requirements
for uses in the R-12 zone shall be:
1. The front yard setback shall be a minimum of 20 feet.
2. On corner and through lots, the ntinimum setback for each side
facing a street shall be 20 feet, however, the provisio:ns of
Ctiapter 1�.102 �VISUAL CLEARANCE) must be satisfied.
3. The side yard setback shall be a minimum of 10 feet.
4. The rear yard setback shall be a minimum of 20 feet.
5. Where the side yard or rear yard of attached or multiple family
dwellings abut a more restrictive zoning district, such setbacks
shail not be less than 30 feet.
6. The distance between the property line and the front of the garage
shall be a minimum of 20 feet.
�
C. CONCLUSIONS
Aftex reviewin� the preliminary plat and conducting a field
investigatian, staff finds that the proposed developmene conforms to all
applicable Comprehensive Plan Policies, Community Development Code
provisions, and it is compatible with the surrounding land uses.
D. RECOMMENDATIONS
Staff recommends approval of S 2-84 with the following conditions:
1. The applicant shall extend S.W. Bond Street beyond L-he project
boundary to SW 81st Avenue on the west (using City standards).
2. Seven (7) sets of plan-profile public improvement construction
plax►s and one (1) itemized construction cost estimate, stamped by
a registered civil engineer, detailing all proposed public
improvements sha11 be submitted to the City's Engineering Division
for review.
3o Construc.ti.on of proposed pubiic improvements shall not commence
until after the Engineering Division has issued approved public
im�ravement plans. The Engineering Divi.sion will require posting
of a 100% perf�rmance bond, the payment of a permit fee and a sign
i�stallation/streetlight deposit. Also, the execution of a street
opening permit or construction compliance agreement just prior to,
or at the time of, it's issuance of approved public improvemeirt
plans.
�
4. Public sewer lines shall be extended to the projec.t boundara.es in
a11 directions.
STAFF REPORT - S 2-84 - k'EBRUARY 7, 1984
�, __ _ ---°---
5. The final subdivision plat shall be recorded with Washington
Gounty prior to the issuance of any buiLdirzg permits.
6. No changes or madificatior�s shall be made to approved plar�s
without written appraval from the appropriate City department.
7. Survey Conditions:
a. Compliance with Section 18.160.160 (All) with the following
exceptions and notes:
Exceptions:
(1) 18.160.160 A.2.
Capped 5/8" X 30" I.R. 's on surface of final asphalt lift
will be acceptable.
NOTES.
(1) 18.160.160 B.1.
Point numbers for all points in C.S. 2C,�,223 have been
increased by one. Ex: point No. 56 is nau point No. 57.
This was due to improper point numberin� in C.S. 19.947.
(2) 18.16Q.160 B.2.
LocaX grid coordinates are acceptable. The City will make
transformation to State Plane coordinates.
18.160.160 Monumentationr Basis of Bearing Requirements and
Accegtance of Improvements
A. Monumentation
1. In accordance with ORS 92.060 subsection (2) , the
centerlines of all street and roadway right-of°ways
shall be monumenked befo.re the City sha11 accept a
street improvement.
2. All centerline monuments shall be placed in a monument
box conforming to CiCy standards, and the top of all
rnonument boxes shall be set at design fini�sh grade of �i
said street or roadway.
3. The foYlowing centerline monuments shall be set:
a. Al1 centerline-centerline intersections.
Intersections created with "collector" or other
existing streets, sha11 be set when the
centerline alignment of said "collector" or
other street has been established by or for the
City;
b. Center of all cul-de-sacs;
STAFF R.EPORT - S 2-84 - FEBRUARY 7, 1984
_
_ - �
e. Curve pointsa Point of intersection �P.I.) when
their posiGion falls inside the limits of the
pavement oGherwise beginni:ng and ending �oints
(B.C. and E.C.).
B. Basi.s of Bearing
le The plat shall be tied to a City of Tigard "Primary"
or "Secondary" control station if one exists within
1000 feet of the plat and the bearings oriented
thereon.
2. Tigard Grid coordinates for ail established boundary
paints on the plat shall be sut�mitted to khe Cit
Y
within 15 days of recording.
b. Complianee with Secti�n 18.160.190 (B) :
18.1b0.190 Filing an�3 Recording
B. Upon final recorcling with the County, the applicant shall
submit to the City a mylar copy of the recorded final plat.
c. Al.l sanitary and storm locations sha11 be placed in positions that
do not interfere with centerline monumenta�ion.
RECOMMENDED MOTION
Should the Planning Commission adopt staff's recommendation, the
following motxon may be made: "Move to approve, with conditions, the
applicant's request far a Preliminary Plat of Bond Park III (S 2-84) , a
33 lot subdivision".
, ���
�
e .- �
PRE RED $Y: amid Pishvaie APPROVED BYo William A. Monahan
Assistant Planner Director of Planning &
Development
,
(lw/0302P)
STAFF REPORT - S 2-84 - FEBRUARY 7, 1984
� _
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�;_
'�
The attendance issue involved 2 facets. The first is the ��cision rendered
with regard to 1landerwood. She was our chairperscan when we became active and
applied for a vacancy on the planning commissio� when it occu�red. Even after
filling that position, she desired active status on the NPO. City decision
is that this is a no-no. We are still activ�ly seeking interested participants
to broaden our base. Prompt attendance lets our pre�ent�rs leave early, tor�.
We were schEduled to hear Ken Waymire f�r Qregon Bond Park III. However,
the speaker did not materialize. Hamid pointed out this project has 33 units
of detached housing on 5000 square foot lots. A question was posed re p].ace-
ment of curbing and street width nn 76th Avenue in B�nd Park I. We antici�ate
hearing more at our next meeting.
On February lst, a �ew associate planner will come on board with the specific
responsibility of NP� supervision.
There will be special meetings of the planning commission on Feb. 21st and 28th.
With no further business, the meeting was adjourned at 9:05 {�.m.
f�espectfully submitted,
,
✓'/` -/�'
. �f
�`1 �. f l, �.t l;✓ .i' �t.��' l..t.�,: L.�..�
Sharon Takahashi
Secrttary
�
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Agenda ltem 5.6
MEMORANDUM
February 1, 1984
T0; Pl.anning Commission
FROM: Platining Department i-�
SUBJECT: An appeal by NPO �k3 of Planning Director's decision in regard to
MLP 1i-s�.
On January 12, 1984�, t�e P13nning Director approved a minor larid partition
request by Randell and Ke11y Burke �MLP 11-83) with the following conditions:
1. The applicant shall sign a non-remonstrance agreement (for all three
parcels} against the formation of a local improvement dzstrict on S.W.
Park Street. Tt►e non-remonstrance sha11 be filed with the City prior to
recording C:he Minor Land Partition with Washington County.
2. The applicant shall ir►itiate a Local Improvement District along S.W. Park
Street {City sha11 require the development at the corner of Park �nd
Highway 99 to join this LID). Howev�r, if the applicant is unable to form
an LID (i.e. , to get enough signatures), he will then be required to make
a half-street improvement to S.W. Par�c St-reet �long his p�operty line.
3. The applicant shall submit seven �7) sets of plan-profile public
improvement constructior► plans and one �1) it�zni.z�si Gc�nstruction cost
estimate, stamped by a registered civil engineer, detaiLing all proposed
public ir+�provements to the City's Engineering Division for review.
4. Construction of proposed public improvements shall not commence until
after the Engineering Division has issued approved public improvement
plans. The Engineering Division will xequire posting of a 100� ;
performance bond, the payment of a permit fee, and the execuxaon of a ;
street opening permit of construction compliance agreement just prior to,
or at the time of, its issuance af approved public improvement plans.
5. Screening on two flag lots: A screen shall be provided along the property
line of a lot of rec.ord where the paved cirive in an accessway is l�cated I�
within IO feet of an abutting lot in accordaxlce with Section 18.100.080
and 18.100.090. Screening may also be required to maintain privacy for
3buttirig lo�.s and to provide u5able ou
tdoor recreation areas for propose
d
�ievelopment.
6. The partation survey �hall be tied to a City of Tigard '"Primary" or
"Secondary" control station if one exists within 1000 feet of the
partition ansi Ghe be:arings oriented thereon.
7. Tigard Grid coordinates for all established ,boundary points on the
parkition shall be submitted to the City within 15 days of recording.
MEMO
�ebruary 1, 1984
Page 2
8. The Minor Land Partition sha11 be recorded with Washington County and a
reproducible copy of' the "record nf survey" shall be submitked to the
Engineering ;DiviSion.
The NPO �k3 letter dated January' 23, 1984, contends that conditions 1, 2b and 4
�requiring a non-remonstrance agreement against the formation of an LID on
S.We Park St.) represent an exces�ive and inappropriate use of the City�s
authority:
The Public Works DirecCor, in a meeting with staff on January 31, 1984,
stressed that it is a City Policy to require as a condition of develo:pment
that an applicant ezther sign a non-remonstrance agxeement against formation
of an LID or make half-street impro�ement to the abutting public right-of-way.
Therefore, condi:tion 1 and the first sentence of eondition 2 are still valid.
However, the Public Works Directox� eliminated the second sentence of condition
2, and conditions 3 and 4, as condations for appraval of MLP 11-83.
(SHP:pm/fl303P)
'.:. _... . ■
Jaauary 23, �984
Froms Neighbor�ood Planaing Organization Number Three (NPO #3)
To: City of Tigard, Oregon
NPO #3 is hereby appealing Conditic,�s l, �, and possibly 4 aY the decision
by the planning directar on case MLP 11-83, in which the applicants Raadall
and Kel�ly ]Bu�ke are seeking a minor land par'titiion o� their acre at 1047�
S.W. Park Street. The date of the director°s signat��e is 1/12/84 and it
states that the decision will bc final on Jan� ry 27, 1984, unless an ap�Ea��.
is fileda
,
The NP0 is listed as a party which received notification, and is representing
� the neighbors liv3ng a].ong S.W. Park Street. We feel that requiring an
unqualified n;on-remons�tran:ce agreememt for the lots of this acre in a ma.nor
land pastition is an exceasa.ve and inappropr�e use of the Ci�y's authority,
resulting in the loss e�f the citizens' rights of determination in matters
affecting their property. Also it seems more appropriate to wait and to
require the street improvements at ti.me of appr�val of �c�ual construc�ion,
rather than �pon th� simple partitioning of the ]a.nd.
Yours very truly,
. � /u'�S �--�
Bob �ledsoe, Chairman ��;NPO �3 •
,>
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STAFF REPOliZT
FINAL A�TTQN
TIGARD PLANNING DEPARTMENT
12755 S.W. ASH AVENUE
TIGARD, OREGON 97223
A. FINDING 'OF FACT
1. General Informaition
CASEa MLP 11-$3 Randall & Kelly Burke NPO #3
REQUEST: To partition a one acre parcel into three lots, two of which
are flag lots of 1(�,61Q sq. ft. ea�ch, and the third lot is
21,961 sq. ft.
COMPREHENSIVE PLAN D�SIGNATION: Low Density Residential �
ZON�NG DESI�NATION: R-4.5
RECOMMENDATION: Based on information submitted by the applicant, staff
� review of applicable plan policies, Community
Development Code provisions, and field investigation,
staff recommends approval of MLP 11-83 sub�ect to the
conditions listed in this report.
APPLICAtTT: Randall & Kell.y Burke UWNEK: same
10475 S.Wa Park St.
Tigard, OR 97223
I,OGATIqN; 10475 SvW. Park St. (Wash. Co. Tax Map 2S1 2CB, Tax Lot
1400)
LOT AREAe One acre
1. Backgroun.d
_
No previous actions an the property.
3. Vicinity In£�rmation
The surrounding land uses are as follows: To �he norkh is designated
].ow density residential, zoned R-4.5, and developed as single family
residen+ces. To the south� is designated general commer�cial, zr�ned G-G,
and is vacant. To the east is designated lAw density residential, zoned
R-k.S, and developed a� single family residences. To the west is
desigx�ated low density residential, zoned R-3.5, and developed as single
family residences.
STAFF REPORT - MLP 11-83 - PAGE 1
� � � �'r� � � �
� � =�,r,, i u..., . .
4. Site Information
There is an existing house (1,150 sq. fto), a barn (l68 sq. ft.), a pump
house/storage (80 sq. ft.), and a garage �600 sq. ft.} on the subject
site. However, there is no stru�ture on the proposed flag lots.. The
site is flat, and it is covered with grass/brush and about ten (i0
coniferous trees.
B, APPLICABLE �LANNING POLTCIES
1. Comprehensive Plan Policies
2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN TNVOLVEMENT
PROGRAM AND SHALL ASSURF. THAT CITIZENS WILL BE PROVIDED AN
OPPORTUNITY TO BE INVOLVED TN ALZ PHASES OF THE PLANNING
PROCESS.
2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAATD USE PLANNING
ISSUES ` IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL
��I INTERESTED CITIZEATS:
6.:3.1 THE CITY SHALL AIRECT ITS LAND USE ACTIONS TOWAR.D THE
I MAINTENANCE .AND IMPROVEMENT OF ESTABLISHED RESIDENTIAL AREAS
BY:
a. DESIGNATING ON THE COMPREIiENSIVE PLAN FUTURE LAATD USE '
MAP THE "ESTABLISHED AIBEAS" COMMITTED TO RESIDENTIAL
D�VELOPMENT WITHIN THE PLANNING AREA. W'LTHIN THE ��',
"ESTABLISHED AREAS" NEW DEVELOPMENT WILL BE OF THE '
SAME TYPE AND DENSITY IN ORDER TO P�tOTECT THE
CHARACTER OF EXISTING NEIGHBORHOODSe
6.3.3 IN ALL PHASES OF THE DEVELOPMENT APPROVAL PROCESS IN A
RESIDENTIAL "ESTABLISHED AREA," A PRIMAI7Y CONSIDERATION OF
TkIE GITY SHALL BE TO FRESERV� AND ENHANCE THE GIiARACTER OF
THE AD,TACENT ESTABLTSHED AREAS.
6.5.1 THE CITY SHALL REQUIRE THAT ALL HOUSING UNITS BE:
a. CONST.1tUCTED ACCORDING TO THE OREGON UNIFORM BUILDING
GODE OR OT�ER APPLICABLE STATE OR FEDEP.AI. ST1tUCTURAL
CODES; AND
b. MAINTAINED IN A MANNER WHICH DOES NOT VIOLATE THE
CITY'S NUISANCE ORDINANCE.
7.4.4� THE CITY SHAI.L REQUIRE TI�AT :ALL NF�:' DEVELOPrIENT BE CONNECTED
TO A SANITARx SEWER SERVICE.
8.1.3 THE GITY SHALL REQUIRE AS A PRECONDITIQN TO DEVELOPMENT
APPROVAL THAT:
d. INDIVIDUAI, DEVELQPERS PARTICIPATE IN THE IMPROVEMENT
OF EXISTING STItEETS, CURBS AND SIDEWALKS TO THE EXTENT
OF THE AE�ELOPER'S IMPACTS.
`t
STAFF REPORT - MLP 11-83 - PAGE 2
��
, ,
,�
2. Tigard Community Developwent Code
This application meets all �f the provisions set torth in Chapter '18.160
for Minor Land Partitions. In addition, the partition conforms to a11
dimensional criteria specified in Chapter 18.50 Single Family
Residential of the Community Devel�pment Code. �
C. CONCLUSIONS '
Staff concludes that the application for a Minor Land Partition meets
all relevant requirements. However, since the partitioned lots are flag
lots, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. St�uctares shall
generally be located so as to maximize ssparation from existing
structures.
D. ItECOMMENDATIQNS
Staff recommends that the Planning Director approve MLP 11-83 with the
following conditions:
1. The applicant shall sign a non-remonstrance agreement (for all
three parcels) against the formation of a local improvement
district on �.W. Park Street. The non-remonstrance shall be filed
with the City prior to recording the Minor Land Partition with
Washington �ounty.
2. The applicant shall initiate a Local Improvement District along
SaW. Park Street (City shall require the development at the corner
of Park and Highway 99 to join this LID)m However, if t�e
applicant is unable to form an LID (ioe. , to get enough
�#gnatureE), he wi11 then be required to make a half-street
impxovement to S>W. Park Street along his property 1ine.
3. The applicant shall submit seven (7) sets of plan-profile public
improvement construction plans and one (1) itemized construction
cost estimate, stamped by a registered civil engineer, detailing
all proposed public improvements to the City's Engineering
Division fAr review.
4. Construction of proposed public improvements shall not commence
until after the Engineering Division has issued approved public
improvement plans. The Engineering Division will r�quire posting
of a 100� performance bond, the payment of a permit fee, and the
execution of a street opening permit or construction compliance
agreement just prior to, or at the time of, its issuance of
approved public improvement plans. •
5. Screening on the two flag lot�: A screen sha11 be prov:ided along
the property line of a lot of record where the pavsd drive in and
accessway is located within 10 feet of an abutting l�t in
accordance with Section 18.100.080 and 18.100.090. Screening may
also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
STAFF REPORT - PiLP 11-83 •- PAGE 3
� _ _____;
3
L .
6. The partition survey shall be tied to a City o£ Tigard "Primary"
or "Secondary" contxol station if one exists within 1000 Feet of
the partition anci the bearings oriented thereo:n.
7. Tigard Grid coordinates foz' �ll establi�hed b�vundary points on the
partition shall be submitted zo the Gifiy wlrhin 15 days of
recording.
8. The Minor Land Part#tion shall be recorded w�th Washington County
and a reproducible copy of the "record of survey" shall be
submitted to the Engineer3ng Division.
. ,, '
, � �-______,_...
,
' ������� ���-�-- �/�/�y
PREPARE : S. Hamid Pishva e APPROVED BY: Williaffi A. klonahan
Assistant Planner Director of Planning &
Development
(SHP;pm/0269P)
STAFF REPORT - MLP 11-83 - PAGE 4
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AGEIVDA IT�M 5.7
k'ebruary �3, 1984, PC MTG.
Tp; Planning Commissi�n
FROMc Planning Staff ��
DATEc February 2, 1984
SUBJECT: Quasi-Judicial P1an Amendments ZOA 1-84
St
aff believes thak in order to enforce the intent of the Gity Council in
regard to quasi-judicial plan map amen�dm the � quasiCjudicial s ect on e o.f Cthe
needs to be amended. Presently,
Development i:ode �Chapter 18.32), there is n� �t ons t can P be e f led hen In� the
often quasi-judicial plan amendment appl'
legislative section of the code �Chapter 1$.30) there is Slications acanabe
which limits the time of year legislative plan amendment app
filed. Staff recommends that Chalication�tobkwice�aeyear in conformancec with
quasi judicial. plan �roendment app
Chapt�r 18.30 of the Developmeret Code.
�
S'TI�FF R�CCIMMENDATION;
Staff recommends amending Section 18.32.090 C. 2. �f khe Tigard Municipal Code
as �ol2ows:
�, The Planni�Commission shall conduct a public hearing in the m�over
�rescribed by this Chapter and shall have the authority to app
deny, or approve with conditzons the following development
appli:cations:
�,. Subdivision applications pursuant to Cltapter 18.160;
2, A quasi-judica.al comprehensive plan map amendment, pursuant to
proce�ures for decisaon making set forth in Chapter 18.30 of
thbs code.
0309P
AGE�DA ITEM 5.8
Februaxy 7, 1984, PC MTG.
T0: Planning Cnmmission
FKOM: Planning Staff��"- 1
DATE: February 2, 1984
SUBJECT: Transcripts ZOA 2-84
The members of the City Council suggested that the Community Development Code
be amended to require that transcripts be provideci for c�cy Councilors on
appeals of Planning Commission or Hearings Officer decisions. Section
18.32.330A) states that within 10 days after the filing of tha notice of
review, the City shall provide each Council member a copy of the tape
recording of the hearing• Upon the appeal of the Planning Commissions denial
of the Park p�ace project, the Councilors were provided with copies of the
Planning Commission Hearing tapes. Some of the Councilors had difficulty
understandzng the tapes due ta �oor sound quality. In addition, the
Councalors did not recognize all of the voices and not all speakers were
identified befare r_hey made comments. Based on the suggestions of the City
Council, staff is recommending that section 18.32.330 of the Community
Developme�t Code be amended to require transcripts for appealsa
STAFF REGOMMENDATYON:
Staff recommends that Seckion 1�.32.330 be amended to read as follows:
18.32.330 Transcripts
A. Within 20 days after the filing of the notice of review the City
stiall provide each Council member, the applicant and the NPO (if
requested), a copy of the Complete transcript of the hearing and a
copy of the minutes;
B. Any other parCy requesting a copy of the transcript shall be charged
ac
tual co
costs.
�he PY
0309P
AGENDA ITEM 5.9
February 7, 19$4, PC MTG.
T0: Planning Commission
FROM: Pianning Staff��
DATE: February 2, 19�4
SUBJECT: ZOA 3-84 Conditional Use Standards
During the nuraerous printings of the Community llevelopment Code some of the
standards approved in the initial draft of the code were omitted from the
final version. The Planning staff recommends therefare, in order to clarify
the oxiginal intent of the conditional use chapter of the code that section
18.130.150 of the Gommunity Development Co�� be amended to include standards
as follows:
Cultural Exhibit and Library Services:
1. Applicable zones: R3.S, R4.5, R.7.
2. Minimum lot size: see applicable zone.
3. Setbacks: see applicable zone.
4. Height limitation; In accordance with Chapter 18,98.
5. Off-street parking in accordance with Section 18/106.030 B. 2.
Group Residential (Care);
1. Applicable zones: SingZe family resxdential and multiple family
residential.
2. Minimum lot size: 5,000 square feet.
�. Minz,mum setbacks: see applicable zone.
4. Height limitations: see applicable zone.
5. Site design review in accordance with Section 18.120.
6. Complianc� with all State requirements.
7. Off-street parking in accordance with Section 18.106.030 A. 6.
Public Safety Services and Utilities ��� Minar Impact Utilities:
p. ApplicabLe zones: Single and m����ple family residential;
2. Minimum Lot si�e: 5,000 square �g�k.
3. Setbacks: see applicable zone. `
4. Hei�ht restrictions: In accordance with Chapter 18.98.
5. Off-skree� parking and loading requirement: see Section 18.106 for
applica�le use.
6. Scre�ning and site design review in accordance with Chapter 18.100
and 18.12U.
t _ _
. � . . . . . .� i
Parkin� Serei:es:
1. Applieable zones: Multiple family residential.
7. Minimum lot size: 5,000 5quare feeta
3. Minimum setbacks: For structures - see applicable zone, Far parking
area - 5 feeC. Axoumd perimeter of paved area for landscapin� and
screening purposes.
4o Hexght Zi.mitaYions: see applicable zone.
5. �ff-street parking requirements: see Chapter 18.1Ob for applicable
use�
6. Screening and siEe design review in accordance with Chapter 18.100
and 18.120.
Manufsctured/Mobile Home Parks; See Chapter 18.44
�utomobile and Equipment, Sales and Rental: equipment and repair - light
1. Applzcable zone: general commercial
2. Minimum lot size: see applicable zone.
3e Minimum setbacks: see a�plicabie zone, and a 5--foat landscaping
strip between ri�;htrof-way line and auto display area.
4. Iieight limit3tion: see appli�able zone.
5. Off-street parking and loading requirements: see ChaPter 18.106 for
, applicable use.
6. Screening and site design review in accordance with Chapter 180100 &
is.izo.
Graup Resident�.al (Children's Day Care) :
1. Applicable zone: Single family residential, CDB.
2o Minimum lot size: 5,000 square feet.
3. l�finimum setbacks: see applicable zone.
4. Iieight limitation: see applicable zone.
5. Site design review in ac�o�dance with Chapter 18.120.
6. State aertification in accordance with ORS 418.805 - 418.�$5.
- rkin in accordance with Section 18.106.030 B. 3.
Off treet a
7, s P 8
Eating and nrinking Fstablishments:
le Applicable zone: Neighborhood Commercial
2. Minimum lot size: see applicable zone.
3. Minimum setbacks. see applicable zone.
4. Height limitaCions� see applicable zone.
5. Off-stre�t parking and loading requirements: see Chapter 1$.106 for
applicable use.
6. Site design review in accordance with Chapter 18.120.
; _ �
AGENL>A TTE;M 5.10
February� 7, 1984 PC �ITG.
Tq: Planning �ommissior.
FROM: Plant�ing Staff�
DATE: February 2, 1984
SUBJEGT; Historic Ov.erlay Designations ZC 1-84
As r� part of the Comprehensive Planning process an inventary was tak�n of
significant resource areas within the city. Three sites were designa'ked as
historically significant. Staff's reco�nmendation was to designate those sites
with a Historic Distric (HD) overlay. The Planning Commission and the City
CounCil agreed wi.th staff. The l-hree sites recommended for de�ignation as
Historic Districts aret The Duzham 5chool Site, the ,J�ohn Z'igard House and the
Windmill on SW 121st and Ka�herine. Design�tic�n as a Historic District would
require any development on those sites to conform to Chapter 7.8.81 of the
Tigard Municipal Code.
STAFI' R'ECOMMEt�DATI6N:
Staff recommenct5 that the Pianning Commission approve a zone ahange adding the
HD overlr�y district designation to the Durham School site, the .�ahn �'i�arei
House and the Windmill at SW 121st and Katherine.
�
0309P
� _-- ___- _- _-_
On areas designated for industrial uses within the tloodplain, conflicting
uses wi11 be allowed Eully in accordance with policies 3.2.2 and 3.2.3 and
the s�andards set forth in the Sensitive Lands chapter of the Co�nunity
Development Code.
.l. Ravine 10$/113 Tualatin Floodplain
This resource area is act�ally part of the 1'ualatin Floodplain area,
yet has a setting �uch unlike the normal floodplain area. It has,
therefore, been considered to be a significant open space, water shed
and wetland area; and it includes a11 of Ghe land designated as
floodplain, approximately 35 acres. T'his 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 owne�s have maintained the area as lawn.
This natural area also functions as a drainageway primarily during
the months of higher water concentra[ion. Many of the slopes going
into the area exceed 15X, and adjacent to the mobile home park the
reinforced
s
lo es
are a
p minimum o
f 25 ercent.
P The actual
flood
area is less area than the entire reso plain
urce area.
The Tigard Comprehensive Plan indicates that the areas surrounding
this resource will. be developed for Low Density Residential uses (1-5 ;
units per acre), except for the mobile home park which is already
developed at a Medium DecYSity Etesidential use (6-12 units per acre). �
These use� may conflict in some ways with the preservation of this ;
resource. Lf the entire resource is preserved, there may be a loss '
of buiidable lands, fewer dwelling units, and additional development
c.astso On the other hand, land and amenity values might be enhanced,
dwellia�gs buffered from other dwellings, and locai open space
generated. If the conflicting use is allowed unaltered, there may be
a loss of wiLdlife habitat, lower water quality, and additional costs
of modif�ing the area. �
Ttte staff re�ommendataon for this Goal i�5 is that the floodplain and the
entire ravine area below the 150 foot elevation mark be preserved in their
natural condition, including topography and vegetation. Density transfer
from [he site will be allowed up to 25� oE the density allowed within the
resource area. Parcels containing any of the resource site will be
required to cievelop under aa approved Sensitive Lands permi.t and the
standards set Eorth in the Community Development Code, i
K• Dugham Element,�ry School
T:he Durham Elementary School was determined r_o be a s ' li
hisCoric sCructure. The school site size incl�des 5.59 ac es1f1cNow �
parC of the Tigard School District 23J, the Durham School was erected 'I
in 1920. In 1951, an addition was added to the faciliey which now
houses ctasses to the sixth gradeo In additi�n, this school k�ouse is
the only remaining institutional land mark in the southeastern
portian of Tigard. EfforCs are continuing to place the sCructure on I
the National Historic Register. ;
- 9 -
�
. , . . _ . , _ _ -�
Tl�e Comprehensive Ylan Map ii�ciicates the site as f'uGlic/Institution.
Th� ciesignatiun would restrict conflicting uses on the site to public
oc institution, therefore, no other z-esidential, commercial or-
industrial. uses would be permitted on the site.
The Community Development Code inciudes a Historic Overlay District
{HD) whi_ch is placed on he school site property. This overlay
di.strict requires any development proposal to be reviewed in a public
hearing. The standards witfiin the liistoric Overlay Distxict chapter
requires that a11 changes with the distsict be compatible with the
historic structure.
The staff recommendatiae► for this resource is Co preserve the structure as -
historic and facilitate, if possible, placing the structure on the
National Historic Register. A Historric Overlay District designation
should be placed over the zon,ing.
L• John F. Tigard House �
The John F. Tigard House, located on the southwest corner of S.W.
103rd and S.W. Canterbury, was included on the National Register of
Historic Structures on July 20, 1979, and, there:Eore, has been
included as a historic resource for the City of Tigard. This
strueture has been Tigard's historic focal point, and is a good
example of early frame construction. In 1979, it was moved from its
oziginal location on Pacific Highway Co its present location on the
southwest corner of S.W. Canterbury and S.W. 103rd. It is currently
being restored. The exterior reatoration is almost completer
EZOwever, these is still substantial work needed on the interior of
the structure.
The properCy on which the structure is located is owned by the Tigard
4datez District.
7'he Gomprehensive Plan Map indicates the site is Low Density
Residenti.al (1-5 units per acse) with an underlying zoning of R--10
(Single Family Residential). These designations are not in conflict
with the historic resource since it is a residential use. The 1G,000
square foot minimum lot size appears adequate to situate the
structure and aecessories in a similar setting as originally built.
A Historic Overlay District (HD) designation wiil be placed upon land
area on which the structure and accessories stand. This designation
will en�ure that any development upon the land area will be '
compatible with the character of the hist�ric structure.
The staff recommendation for this resource is to preserve structure and
accessosies, and a Histaric Overlay District designation should be placed •
over the land area. / '
M. Summer Creek/Woodward School Fiz Grove
This heavily treed area has been determined to be � significant Goal �
I�5 resource as a natural area and an outstanding scenic siGe. The
approximately 2.5 acre site is bardered by the Summer Creek
floaaplain/greenway on the norkh and east, the Mary Woodward
-. 10 -
r
Elementary School �n the south and vacanC land/residential land on
the wesr_. ('1'he westerly lan�i is designated Eor Low �ensity
Kesidential (1-5) units per acre) and is zoned k-4. 5 (PD) , part of
the SuRUnerlake clevelopment. ) 7'lle resource area is largely covered
with mature Douglas Fir with various underbrush especially along its
edges. It is one of a Eew undisturbed fir stands in the northwest
portion of Tigard, and i.s seen as a visual amenity by the various
neighborhoods in northwest T'igard.
Aithough the wildlife habitats within the area are not signiEicant
(smali birds and animals) , the area does lend itself as a possible
educational tool for school children as well as the surrounding
residents. 171e combination of upland and riparian vegetation
presents a diversity of .tative envir.onments. '
In addition, this particular site is landlocked and has never been
included in any of the adjacent development plans. Once the lower
phase of Summerlake has been platted and development initiated, it
would be difficult to incorporate this piece inta any development.
Given a11 of the above analysis, it is more apparent that this area
should be kept in its natural state.
The Comprehensive Plan designates this resource site as Low Density
Residential (1-5 units per acre). If the resource is preserved,
Ghere would he a loss of d.evelopment potential, howevPr if the
c�nflicting use R-4.5 (Single Family Residential) is allowed, there
, wou.l.d be a loss of a significant visual, natural and educational
resource within the northwest area of Tigard. •
The staff recommendation on this Goal #5 resource is to limit conflicting
uses within the resource site to trail and related educational usese
Otherwise, thP resource site should be preserved in its natural condition.
N. Windmill/121st and Katherine
The windcaill structure has been determined to be significant as a
histoxic �esource. Zhe windmil.l is situated on the southwest corner
of 121st and Katherine on land dedicated to the City for park
purposes; appr�ximately .14 acres. The windmill was constructed
around 1901 and currently is being restored. T'he windmill is one of
three known windmil2s in the Tigard planning area, and is a definite
structural link to Tigard's historic charar.�er.
The Comprehensive Plan designates the resource site open space which �'
does not conflict with the presentation or renovation of the ''
resource. In addition, the R-4.5 zoning designation will include a
Histori.c Overlay District designation (HD) which requires that any
modifications Co the structure or gcounds would be required to meet �
certain standards of compatibility.
T'he staff recommendation for this historic resource is to renovate and
preserve the windmill structure and allow for other passive related park
uses on the site.
- 11 -
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