Planning Commission Packet - 11/13/1984 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PLEASE NOTE: The original paper record has been archived and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
NOVEMBER 13, 1984 - 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL - CONFERENCE ROOM
10865 SW WALNUT ST.
TIGARD, OREGON 97223
1. Call to Order
2. Roll Call
3. Approve Minutes from October 2, 3 and 29, 1984, Planning Commission
Meetings.
4. Planning Commission Communication
5. PUBLIC HEARINGS
5.1 REVIEW APPLICATION FOR APPOINTMENT TO NEIGBORHOOD PLANNING
ORGANIZATIONS.
5.2 REVIEW DRAFT DRAINAGE MASTER PLAN - WASHINGTON COUNTY/LARRY SVART
5.3 PLANNED DEVELOPMENT PD 5-84 - SUBDIVISION S-10-84 ANTON SCHULZ
NPO # 7
5.4 SIGN CODE EXCEPTION SCE 4-84 G.V. MILLER/C.G. POTTER/R.M.
SCHAEFFER NPO # 2
5.5 ZONE CHANGE ANNEXATION ZCA 16-84 VAN S. CAMP NPO # 3
5.6 ZONE CHANGE/HISTORIC DISTRICT OVERLAY ZCHD 17-84 FESSLER NPO # 3
5.7 ZONE ORDINANCE AMENDMENT ZOA 7-84 CITY OF TIGARD
5.8 COMPREHENSIVE PLAN AMENDMENT CPA 26-84 POLICY 11.5.1
5.9 SENSITIVE LANDS DESIGNATION FOR MALLARD LAKE
6. OTHER BUSINESS
7. ADJOURNMENT
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TIGARD PLANNING COMMISSION
REGULAR MEETING - NOVEMBER 13, 1984
1. President Moen called the the meeting to order at 7:35 P.M. The meeting
was held at the Fowler Junior High - LGI Room - 10865 SW Walnut.
2. ROLL CALL: PRESENT: President Moen; Commissioners Owens, Eyre,
Butler, Peterson, Vanderwood, and Campbell,
ABSENT: Commissioners Leverett and Bergmann.
STAFF: Director of Planning and Development William A.
Monahan (arriving at (9:45 P.M. ); Associate
Planner Liden; Associate Planner Newton (arriving
at 9:15 P.M.)> and Secretary Diane M. Jelderka,
3. APPROVAL OF MINUTES:
o
Commissioner Butler was concerned that item 5.4, on the October 3rd
minutes, the definition for Wetlands, was not correct. (Staff will
review the tape.) President Moen felt that the options for item 5.6,
on October 2nd, should be included in the minutes.
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Commissioner Owens moved and Commissioner Peterson seconded to adopt
minutes from October 2, 3, and 29th, modifying the minutes from
October 2nd, page 7, to include the optionm. Also, exempt item 5.4
on October 3rd minutes to be reviewed by staff and brought back to
the next meeting.
5. PUBLIC HEARINGS
5. 1 NEIGHBORHOOD PLANNING ORGANIZATION APPOINTMENT
o
Louise Stewart, 11090 SW 72nd Ave. , was present and stated why she
would like to become a member of NPO # 4.
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Geraldine Ball, NPO # 4 Chairperson, stated that Mrs. Stewart had
attended the last two meetings and the NPO unanimously supported her
appointment.
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Commissioner Owens moved and Commissioner Campbell seconded to
forward a recommendation to City Council for Louise Stewart to be
appointed to NPO # 4. Motion, carried unanimously by Commissioner
present.
5.2 REVIEW DRAFT DRAINAGE MASTER PLAN - WASHINGTON COUNTY
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o Qlen Grant, Kramer, Chin & Mayo, consultants for Washington County
Drainage Master Plan, provided materials and gave a slide show
presentation. Questions and discussion followed. No action was
necessary .
PLANNING COMMISSION MINUTES November 13, 1984 Page 1 .
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5.3
PLANNED DEVELOPMENT PD 5-84/SU8DIVI8ION $ 10-84 ANTON SCHULTZ NPO # 7
Request for detailed Planned Development and Preliminary Plat
approval for 113 lot residential development. Located: West of SW
121st Ave. , immediately north of SW North Dakota St. (WCrM 131
34C8, Lot 100).
o
Associate Planner Liden made staff's recommendation for approval with
13 conditions. Discussion followed regarding the road alignment of
SW North Dakota to Scholls Ferry Road at Sorrento Road.
APPLICANT'S PRESENTATION
o Jim Harris, Harris McMonagle, had no objections to staff's
recommendation. They are close to having an agreement with the
adjoining property owners regarding the road alignment. Questions
and discussion followed.
PUBLIC TESTIMONY
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Ron Latham, 12570 SW Glacier Lily Cr. , supported the development,
however, was concerned that the trees on the property would be
removed. He wanted as many trees left as possible.
o Bob Johnson, 8211 SW Woodscreek Ct. , Portland, developer of the
property to the north stated that a verbal street alignment had been
work out and they would be submitting a written proposal to the City
in the next week,
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Discussion followed between staff and the Commission regarding the
school impact statement, lights for the pathway to Summer Lake, open
space areas, size of the lots, condition number six, items which
should or should not have been included with the application and why
the application was submitted as a Planned Development.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
o
Consensus of the Commission was to support the application.
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Commissioner Butler moved and Commissioner Peterson seconded to
approve PD 5-84 and S 19-84 modifying conditions number 11. a. to
include a street light at the entrance of the pedestrian/bicycle path
to Summer Lake Park. Also add condition 11. d. to have the
extension of SW North Dakota to Snhollu Ferry Road be resolved,
based on staff's findings and conclusions. Motion carried
unanimously by Commissioner present.
RECESS 9:00 PM
RECONVENE 9: 15 PM
PLANNING COMMISSION MINUTES November 13, 1984 Page 2
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• Commissioner Bulter moved and Commissioner Peterson seconded to
direct staff to complete a final order based on staff's findings and
conclusions and to authorize the Planning Commissioner President to
sign the final order. Motion carried unanimously by members present.
Commissioner Owens left 9:15 P.M.
5.4 SIGN CODE EXCEPTION SCE 4-84 MILLER/P0TTER/SOHAEFFER NPO # 2
A request to allow a second free standing sign which is 216 sq. ft. per
side and 60 ft. in height where one sign, 70 sq. ft. in size and 20 ft. in
height is penoitte6. Located: 10830 SW Greenburg Road (Shilo Inn) (WCTM
181 36BD lot 1308) .
o
Associate Planner Liden made staff's recommendation for denial.
APPLICANT'S PRESENTATION
o Dale Clark, representing the applicant, explained the necessity for a
sign the size and height of the one being proposed.
PUBLIC TESTIMONY
o Roger Maddox, NPO # 2 Acting Chairman, made NPO # 2' s recommendation
for a compromise to allow the sign code exception.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
o The Commissioners recognized the unique problems of the application,
however, they were concerned for the number and size of the signs
already in the area. Discussion followed on how best to handle.
o Roger Forney, Shilo Inn representative, stated they were willing to
work with staff. However, they hoped to open this week and needed
something more and would like a decision now. Further discussion.
N. Commissioner Butler moved and Commissioner Peterson seconded to table
Sign Code Exception SCE 4-84 until the December 4th meeting, to allow ^'
staff and the applicant to work up a compromise proposal. Motion
carried unanimously by Commissioners present,
5.5 ZONE CHANGE ANNEXATION ZCA 16-84 VAN S. CAMP NPO # 3
A request to annex 3.18 acres into the City of Tigard and a zone change
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from Washington County R-30 to City of Tigard R-1. Located: North of
126th, north of Bull Mtn. Road (WCTM 2S1 9A lot 402)
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Associate Planner Newton made staff's recommendation for approval
with three conditions,
PLANNING COMMISSION MINUTES November 13, 1984 Page 3
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APPLICANT'S PRESENTATION
o No one appeared to speak.
PUBLIC TESTIMONY
o Benny Larson, 14465 SW 125th, opposed the applicant because the
property did not have proper access, only a 20 ft. easement. Also,
previously the property had been zoned agricultural which does not
allow for residential uoe. Discussion followed regarding the zoning
and the access.
PUBLIC HEARING CLOSED
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Consensus of the Commission was to support the annexation and zone
change.
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Commissioner Vanderwood moved and Commissioner Butler seconded to
forward to City Council recommending approval of the annexation and
approval of the Zone Change from Washington County R-30 to City of
Tigard R-1. Motion carried unanimously by Commissioner presents.
5.6 ZONE CHANGE/HISTORIC DISTRICT ZCHD 17-84 FESSLER/CITY OF TIGARD NPO # 3
A request by the City of Tigard to assign a Historic District Overlay on
property zoned R 4.5. Located: 11180 SW Fanner (WCTM 281 3AC lot 1700) .
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Associate Planner made staff's recommendation for approval.
PUBLIC TESTIMONY
o John Fessler, 11180 SW Fonner, owner of the property supported the
Historic District. He explained how they had moved the house from
its original location and where working at maintaining the integrity
of the house. Also, they would be adding a detached garage which |�
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would be consistent with the character of the house.
PUBLIC HEARING CLOSED
COMMISSION DISCUSSION AND ACTION
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Commissioner Eyre commented that he had been inside of the Fessler
home and would like to compliment them on the nice job of restoring
that they had done,
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Commissioner Eyre and moved and Commissioner Peterson seconded to
approve ZCHD 17-84 based on staff's findings and conclusions, Motion
carried unanimously by Commissioners present,
PLANNING COMMISSION MINUTES November 13, 1984 Page 4
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5.7 REVIEW OF POLICY 11,5.1
President Moen stated that he would be abstaining from voting on this
issue as his employer abuts the Rolling Hills Neighborhood, however, he
would run the meeting.
Director Monahan reviewed the memo regarding the policy and the meeting
which had occurred with the Rolling Hills residents to discuss the
policy. He suggested the Commission take public testimony then make a
recommendation to City Council regarding the policy.
PUBLIC TESTIMONY
o Debra Naubert, 14365 SW 80th Place, NPO # 5 Chairperson, reviewed the
history of the Policy. She stated the NPO felt the language with the
vegetation needed to be clarified, however, they felt the 50 ft.
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buffer should be upheld with no exceptions.
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o Jim Newman, Western International, 1805 NW Q1inan, reviewed the
Western International proposal and the problems which had resulted
from the policy not being incorporated into the Community Development
Code.
o Alan Fox, Western International, submitted a letter which addressed a
hypothetical variance if the policy would have been incorporated into
the Code. He reviewed the elevation and landscaping which would
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screen the project. He explained how they had met with the abutting
neighbors and had worked out an agreeable solution until the policy
had surfaced during the public hearing process. He supported
modifying the policy to except the 5 abutting properties from the •
policy.
o Fred Jensen, 7450 SW Cherry, explained he had originally appealed the
Director' s Decision on the Western International project. He
explained how the abutting neighbors had met with the developer and
worked on concerns regarding landscaping, proximity of the buildings,
building heights and etc . Now with policy 11 .5.1 as it is, it
precludes any workable solution. He did not feel the intent of the
policy was to maintain a nuisance (blackberry vines) . He supported
changing the policy make the five lots an exception to the policy.
o Rick Alberts, 7490 SW Cherry, lives directly behind Belknap
Industries and supported changing the policy as proposed.
o
John Torpling, 7430 SW Cherry, stated that the abutting property
owners were united in changing the policy. The developer had bent
over backwards to work with the property owners to come up with a
workable solution. He added that the sewer line that would be put in
by Western International would not be free. They would have to pay
to connect to the system.
PLANNING COMMISSION MINUTES November 13, 1984 Page 5
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o Jim Wryn, 7570 SW Cherry St. , felt the policy had been written in
good faith. He was concerned that the residential properties be
protected. He was also concern about what would happen if a sewer
line would have to be run down Cherry Street. Would the five
property owners be exempt from paying their share to install the
system.
o Betsy Chick, 7595 SW Cherry, was concerned about the adversary
situation being created. She was concerned that there was no
assurances given that this would not be setting a precedent. She
supported leaving the policy intact to maintain the integrity of the
neighborhood.
o Harry Chick, 7.595 SW Cherry, opposed changing the policy as
proposed. He felt the policy should be changed to include other
portions of the Rolling Hills Subdivision.
o Greg Edwards, 7545 SW Cherry, stated he had been a resident of
Rolling Hills since 1964. He opposed changing the policy. He felt
the policy had been put in the plan so that it could not be changed,
o Craig Hopkins, 7430 SW Varns Road; John Schwart, 15900 SW 76th; and `
Sharon Takahashi, 7610 SW Cherry supported the NPO' s position.
, o Bill Bicker, 7730 SW Cherry, stated that the intent of the policy was
not to protect the blackberry vines, but to protect the Rolling Hills
neighborhood. .
REBUTTAL
o Fred Jenoen responded to the comments made by the opposition, .
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o Alan Fox reiterated that if the policy would have been in the Code
they would have had grounds for a variance,
o Don Trumbell, 7470 SW Cherry, did not feel it was appropriate for
residents who abut the Commercial Zone to testify against 'the �
property owners who abut the Industrial Zone, because the policy does
not affect them and the topography of the land is different,
PUBLIC HEARING CLOSED
COMMISSIONER DISCUSSION AND ACTION
o Commissioner Vanderwood commented that she was the President of NPO #
5 when this policy was established. She felt a precedent would be
set if they modified the policy as proposed. She did think the
language needed to be cleaned up regarding the vegetation and
possibly including the Commercial land in the policy.
PLANNING COMMISSION MINUTES November 13, 1984 Page 6
o Commissioner Campbell was concerned about the language. She did feel
that a desirable buffer was needed. She was not sure if she was
prepared to make the change proposed, felt more information was
needed.
o Commissioner Butler was concerned that one neighborhood received
special setbacks when all the other residents of Tigard had to live
with what they get in the Code. On the other hand, they did get it
into the plan so it should be left the way it is with no changes or
exceptions.
o Commissioner Fyre had felt that we had a good compromise which
factored in the needs of the abutting neighbors and the developer and
protected the integrity of the neighborhood. After the public
testimony he was not sure. He felt the developer had done alot to
mitigate the impact on the adjacent property owners. He was
concerned about the way the neighborhood was becoming divided. He
was in favor of the proposal if they could make it clear that we
were not setting a precedent.
o Commissioner Peterson felt the developer had made a real effort to go
along with the neighbors who are most affected and they are in total
agreement. He felt that the people had to understand that this is
not intended to set a precedent. He was in favor of changing the
policy.
o Discussion followed on what recourse the developer had if the policy
was not changed.
• Commissioner Peterson moved and Commissioner Fyre seconded to
recommend to City Council to change Policy 11.5.1 as proposed.
Motion carried by majority vote of Commissioner present,
Commissioner Butler and Vanderwood voting no and President Moen
abstaining.
5.8 ZONE ORDINANCE AMENDMENT ZOA 7 •84 CITY OF TIGARD
o Associate Planner Newton reviewed changes being proposed by staff to
the Community Development Code.
PUBLIC TESTIMONY
o Geraldine Ball, NPO # 4 Chairperson, made the following NPO
recommendations: V
Section 18.66.054F the minimum landscape requirement shall
be 15% not 20% on newly developed t,
property.
Section 18.32.060 A. 3. Some maximum time period should be !
included.
PLANNING COMMISSION MINUTES November 13, 1984 Page 7 ,
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Section 18.32,060 A. 5 Recommends retaining this section,
Section '1M'44 O30 Should be "C. Farming" instead of "D.
Farming".
PUBLIC HEARING CLOSED
COMMISSIONER DISCUSSION AND ACTION
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Discussion followed regarding NPO # 4 proposed changes.
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President Moen moved and Commissioner Peterson seconded to forward to
City Council recommending approval with the following ohangeo.
Section 1$.32.060 A. 3 , change to 60 days; Section 18.32.060 A. 5.
delete "at all time"; change 18.44.030 "D.» to "C."; and add 18.88
"D." Farming. Motion carried unanimously by Commissioners present.
5.9 SENSITIVE LANDS DESIGNATION FOR MALLARD LAKE
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Staff and Planning Commission discussed how to proceed with
designating the Mallard Lake as Sensitive Lands in relation to the
appeal that has been filed and the acknowledgment of the !.
Comprehensive Plan by LCDC.
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Commissioner Fyre moved and Commissioner Campbell seconded to direct
staff to initiate a Comprehensive Plan Amendment to designation the
Mallard Lake property as Sensitive Lando. Motion carried unanimously
by Commissioner present.
6. 01HER BUSINESS
w There was no other business.
7. Meeting Adjourned 12:05 P.M.
Diane M. Jelderk- , Secretary
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ATTEST:
A. Don , President — --
dmj/0785P
PLANNING COMMISSION MINUTES November 13, 1984 Page 8
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"Wetlands Lands transitional between terrestrial and
aquatic systems where the water table is usuall
at or near within 24" of the surface or the ,{
land is covered by shallow water. For purposes ,I
of this classification, wetlands must have one or
more of the following 3 attribute__ _l__ 11) at least
•eriodicall the land su sorts •redominantl
ydrophytes (2)
the su red
bstrate is oominant_y
hydricx soil. 3 the substrate is non-soil***
and is saturated with water or covered by shallow
water at some time durin• the •rowin• of each r,
year.
*Hydrophytes A slant •rowin• in water or in soil too
water logged for most plants to survive. A
list of h dro h tes is maintained in the
Planning Departmen eg•
*Hydric Contain ing acid hydragen.
x-x-*Non-soil Lackin• the •ualities of soil - not firmer z.
unable to sustain plant life."
18.72.050 C 1 Delete ["Except 50 feet shall be required where the I-H zone ■
abuts a residential zoning district.")
' 18.70.050 C 1 Delete [Except 50 feet shall be required where the I--H zone
abuts a residential zoning district.] E
Exce t 50 feet shall be required where the I-P zone
�• 18.68.050 C 1 Oelete [ p district.)abuts a residential zoning
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18.40.040 C Add "actual existing" before the word "abutting" in the
last sentence.
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18. 100.080A Delete entirely
Add: "1. At least one row of trees with a combination of
deciduous and eve seen trees nat less than 10
feet high for deciduous trees and 5 feet high for
eve •Teen trees at the time of •lenti • and
spaced as follows b size of tree:
a. Small or narrow stature trees under 25 feet
tall and less than 16 feet wide branching"
shall be s.aced no •neater than 15 feet
apart.
b. Medium sized 25 to 40 feet tall 16 to 35
feet wide branchi • shall be s•aced_ no ._ ,_ .
greater than 30 feet apart.
c. Lae trees (over 40 feet tall and more than
( rg
, . 35 feet wide branchin• shall be s•aced no
greater than 30 feet."
ORDINANCE NO. 84-- is
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