The URL can be used to link to this page

Planning Commission Packet - 06/19/1990 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. �I I '�u-:• �4,� I I TIGARD PLANNING COMMISSION JUNE 19, 1990 - 7:30 PM TIr,ARD CIV2C CENTER - TOWN HALL 13125 SW HALL BLVD. TIGARD e OY2EGOPY 1. CALL TO ORDER 2. ROLL CALL 3. APPROVE MINUTES 4. PLANNING COMMTS5IOI3 COMMUNICATION 5. PUBI�IC HEARING 5.1 MINOR I�AND P.ARTITTON MLp 9(�-0005 LOT I.INE ADJUSTMENT MIS 90-OQ06 BuRNESS (NPO #8) Arb a�g,eal of a D:Lrector's Decision fox a request ta add an 1,150 aquare foot s�trig� of land froan tax lot 4101 to the north � side of .the aliuttinq tax lot 4103. Al.sa agproved is a request to part�.tion t•he resul�ant tax lot 4101 into two parcels o£ 7,950 equare €eet and one parcel of approximately 2.8 acres. ZC1NE: R-4.5 • (Reaid�ntial, 4.5 units/acre) LOCATION: • 7525 and 7531 3W Landau Street AWCTM 1S1 25CD, tax lots 4103 and 4104) , 5.2 ZONE ORAINA.NCE AMLN!�MENT ZUA 90-t1001 COMPREFi�NSY'V� PLAN AMENDASENT CPA 90-0005 SEN3ITIVE LANDS An Ordinance amending Coangrehenaive Plan policy 3.2.2 and 3.2.3e and Chapter 18.84 of the Comanunfty Ltevelopment Code, allowing alterations in the 100 year �Eloadplafn in areae . designated as reaidential for certain communi��v recreation, utility, �and public support facility uses. 5.3 PERIODIC REVIEW I 6. OTHER susIAlESs 7. ADJOtTRNMENT i r':,i: `:�� TYGARD PLANNING COMMISSION REGULAR MEFTING - JUNE 19� 1990 1 . Commissioner Milt Fyre �alled the meeting to order at 7:30 PM. The meeting was held at the Tigard Civic Center - TOWN HALL - 13125 SW Hall B�ulevard, Tigard, Oregon. 2. ROLL C14LL: Present: Commissioners Barber, Castile, Fessler, Fyre, Peterson, and Sa�orta. Absent: President Moen and Commissioner Leverett (one vacant position). Staff: Senior Planner Keith Liden; Diane M. Jelderks, Office Assistant III. 3. APPROVAL OF MINUTES Commissianer Barber mov�d and Commissioner Fessler seconded to approve the minutes as submitted. Motion carried by majority of Commissioners present. Commissioner Saporta abstained. 4. PLANNING COMMISSION CON�IUNICATION � Commiasiansr Casti3e moved to elect Ellen Fox as new Planning Cammission Secretary. Commissioner Fessler seconded the motion. MQtion was approved by unanimous vote of Cammissioners present. o Commission�rs presented current Planning Commissioner Secretary Dian� Jelderks with thank you cards expressing appreciation for h�r nine years of service to the Planr�ing Commission as Secretary. � 5. PU�LIC HEARINGS I 5.1 MINOR LAND PARTITION MLP 90-0005 LOT LINE ADJUSTMENT MIS 90-AQ06 �URNESS (NPO #9) An appeal of a Director's D�cision for a request ta add an 1 ,150 square faot strip of land from tax lot 4101 to the north side of the abuting tax lot 4103. Also approved is a request to partition the resultant tax lot 4101 intA two parceis of 7,950 square feet and one parcel of approximately 2.8 acres. ZONE: R-4.5 (Residential , 4.� units/acre) LOCATiON: 7525 and 7531 SW Landau Street (WCTM 1S1 25CD, tax lots 4103 �nd 4�04) Senior Planner Keith Liden described the subject property and presented a map showing the �ocation. He summarized items submitted in the packet and provided a history of the partition of one large parcel into two parcels and the lot line adjustment which was also approved. He addressed the items listed in the appeal filed by Thomas 0. Smith, et al . The appellants' primary concerns involve prntecting the wildlife PLANNING COMMISSION MINUTES - JUNE 19, 1990 FAGE 1 i'' ``��; .. habitat since the property is located in Area of Special Concerr� #10 of the Metzger Community Plan. Appellants also are concerned with road maintenance issues and traffic impact in their neighb�rhood. Senior Planner noted that SW Landau Street, between 75th and SW 77th Avenues, ' has been annex�d to the City, and is not under the County's jurisdiction as was indical;�?� erroneously in the notice of decision. Staff is recommending that the Planning Commission uphold the Director's decision. APPLICANT'S PRESENTATION o Bob Burness, 753� SW Landau Street, Tigard, OR, owner of the subject I' property, described the portion of Landau covered by a nonremonstr�nce I agreement i�e signed as a condition f�r approval of the Minor Land j Partition. He asked the Planning Commission to uphold the Director's 'I decision. !I o There was discussion and clarifica'tion for Commissioners by Senior I Planner concerning street jurisdictions and what actiorr was needed. PUBLIC TEST�MOIdY o Thomas 0. Smith, 9930 SW 77th, Tigard, CPO #4 Steering Commi�tee, expressed concern about excessive tree removal and damage to the naturai wildlife habitat which has occurred in an area of sensitive lands. He questioned validity of tree cutting permit held by Bob Burness, property nwner and developPr. Ne is also concerned about increased population density which may result in this neighborhoad. Senior Planner Lid�n explained that the tree cutting permit is a separate issue from that of partition. He addressed the issue of procedures fUr not�f�cation ar.d hearing process for la�d which has been � annexed to the City and referred to tF►� standards and guidelines set fnrth by the Urban Planning Area Agreement (UPAA) and hletzger/Progress Community Plan. Ne stated that policy is for the City to fbllow standards that closely approximate the County's; and he pointed out that there are some differences between County and City interpretation of those standards, o Kevin Simmons, 752.5 SW Landau, Tigarcl, read a prepared statement (Exhibit I) and provided the Planning Commission with a video tape he filmed concerning the adverse environmental impact the dev�lop�nent has had on the Ash Creek wildlife habitat. He noted that the video was submitted to illustrate contentions that the applicant has not been following acceptable procedures and adhering to set code. He requ�sted that the tape be given to the appropriate staff for their review. o Ken Beebe, 7675 SW Landau, Tigard, stated that the dead-�nd streets (74th, 75th, and 77th) are unimproved; ar�d the current nei�hborhood 3s very desirable, crime free, and rural . He expressed concern about the livability if future street improvemen�s resu1t in increased traffic volume and speed. PLANNING COMMISSIQN MINUTES - JUNE 19, 1990 PAGE 2 �� , :� ,. o Senior Planner answered questions from Commissioners concerning future develapment in an area of special concern. REBUTTAL o Bob Burness discussed the trees that have been cut, and stated the tree cutting permits he had were valid. PU�LIC HEARYNG CLOSED o Commissioner Saporta stated he was oppo�ed to piece meal develapment of proper�y in areas of special concern. o Commissioner Peterson suggested th� last minor l�nd partition should hade had a public hearing. o Commissioners Barber, Castile, and Fyre favored upholdiny the original decision. o Commissioner Fessler explained her interpretation that this minor land partition is within an area of concern, and therefore she is in favar of approving the appeal A Keith �.�den suggested looking at policy dealing with areas of special concern durir�g the periodic review �nd modifying the policy where applicable. * Comm�ssion�r Castile moved and Commissioner Barber seconded to deny the appea�l of MLP 90-0005/Lot Line Adjustment MTS 90-0006. Co�nissioners agreed the intpnt would be �o mak� a subsequent mntion to bring all special arPas of concern into the public hearir�g process. Motian failed 3 to 3, Cominissianers 5aporta, Fessler, and Peterson voting no. * Commissioner Peterson moved and Cnmmissioner Fessl�r seconded to uphold the �ppeal of Minor Land Part�tion MLP 90-UOAS/MIS 90-0006� Motion failed 3 to 3. Commissioners Barber, Castile, and Fyre voting no. ' � Discussion followed concernirog the tr�atment of ar�as of specia�l concern ; and interpretation of County policy. It v�as determin�d that lack of ! � information and public hearing addressing the issue of Area of Special Concern #10 are valid reasons to uphold appeal . Senior Plann�r Keith Liden affirmed that applicant may appeal the appe�l to City Council . * Commissioner Peterson moved and Commissioner Saporta seconded to upfiold ' the appeal of Minor Land Partition MLP 90-0005/MIS 90-OQ06. j , Motion carried by majority of Commissioners present. Commissioner j Castile voting no. PLANNING CONINIISSION MINUTES - JUNE 19, 1990 PAGf 3 i Commissioner Peterson stated findings: Public hearing should have been , held concerning areas of special concern before any decision was reached. I Discussion followed concerning whether the matter should be tabled; or City Council can call it up. It was agreed that matters involving areas of special concern should b� brought before Planning Commission in public hearing process. 5.2 ZONE ORDINANCE AMENDMENT ZAA 90-0001 COMPREMENSIVE PLAN AMENOMENI' CPA 90-0005 SENSITIYE LANDS An Ordinance amending Comprehensive Plan policy 3.2.2 and 3.2.3. and Chapter 18.84 of the Community Development Code, allowing alterations in the 100 year floodplain in areas designated as residential for certain community recreatian, ut�lity, and public support facility uses. Senior Planner Keith Liden reviewed proposed language changes and reasons staff �d s recommendi ng tl�ese changes. ; o Commissioner Barber mov�d and Commissioner Peterson seconded ta �forward the changes to City Council with recomnendati�n for approval . Motion carried by unanimous vote of Commissioner� present. 5.3 PERIODIC REVIEW There was discussion of schedule of periodic review. Senior Planner Lide� expects to have drafts ready dealing with issues of manufactured homes, revisions to land�cape and screening to discuss at next Planning Commission Mee�ing. Commissioner Barber submitted to staff some suggested methods for submitting code revisions �o improve consistency and clarity. 6. OTHER BUSINESS There was discussion concerning selection of new rommissioners and new Hearings Officer. Senior Planner liden raised the issue �f reappaintment of commissioners. 7. ADJOURP�ENT - 9:25 PM — Ellen P. Fox, Secretary ATTEST: � ----..� Milt Fyre, re ident � � � ef/PCM6-19-90 � ; PLANNING COMMISSION MINUTES - JUNE 19, 1990 PAGE 4 � i f�„ � S., �� pLANNING COMMISSION ROLL CALL } ,� "" I�'�� STAR7.'ING TIME: / /`�� ' HEARING DATE: . Y: . COMMISSIONERS {�,'; `jr.;', r:i;' DONALD MOLN �i� i:s i' ;, c� VLASTA BARBER �';�� - f'; k�;; [� JAMES CASTIT�E � g;;' ' � JUDY FFsSSLER j'`'j ✓ V �'`. MILT FYRE r'' r �; 'DEANE LE"VERETT �: (./ DAVE PETN]RSON �z, '"°— �i f/� ' HARRY SAPORTA STAFF PRE3EPIT: �� 1� O �` I,�/�P�'— ' i _� i I � �l dj/PC—ROLL � TliiliES PUBLiSHVNG CflMPANY �.98� 7599 P.O.6C3X 37Q PHONE(503)684-0360 N�tICB i BEAVER70N,OREGON 37075 � Legal No#ice Adverfising I ❑ Teacsheet Notice ' Ci.ty of Ti:gard � � PO BOX 23397 • ❑ puplicate Affidavf4 Tigard, Or 97223 . • �'� , � ; AFFIDAVIT OF PUBLBCATlON ,J��lg4p:at�•3�9��T ' �Cd Civ�c C�oer � Iiall,'l�12S' � STATE O� OREGON, ) SWHsII Blvd.,'figa�d;;Oregon Both g�blic oral and v�suae testiawny:as COt3NTY OF WASHINGTON, �ss. ji�n�,T�e�u��.]�ng�t this mStte��ill"be�cOtlduCfed in��dance vv�t�e ttse rules o�C'hapfer �8 32 oE the Ti�asd 1Vliu�eic�paY Cc�de,�d�les - �, Judi.th Koeiil er and_p�s�f s�e Plasu�ng Commiss�cs�a F�iiure m��issue in ' being first duty sworn, depose and say that 9 am the Advertising or by lett�er�latt�es�Inln.�Snd�uti�m SpeCify ihe ctt�n Director, or his principal clerk, of the Ti�a rcl T��es �the CAQlxetiuuty Developiaeat Ce�Sles�t ComprettensivGPlBte��vhich,' a newspaper of g�neral circulation as defi�ed in ORS 193.010 -a.:cpnc�en�is.�eGt�pt+�lud�siE$PPe81 b�e�0�1 d�et�.��'��-' and 193.020; published at Tlgdrd in the anf�Qn tt�ay°.be ob�u�ed fr�m the Pl$nsun8`-D�v��c�tt at 131Z5 SV�' aforesaid county and state;that the I�`Blar&:;Tiga�;�n,��23;i��y�callm$639-4171� P��a','-��+ea-�-i-�gfP4' ° °�� ; , a prinied copy of which is hereto annexed, vvas published in the ��c�� = _ _ � ° entire iss�e of said news a er far �ne . ` � ` ,` . = � ' -` ' p p successive and ��R._��.�y:��.q�.�gT`L��Ti,1�5'I'MENT, consecutive in the following issues: �g g(�.ppp($��g,(I�iP(}� An appeai of a Du�GW�t's�tstoq`- for a uest tc�add an i,�SQ s��e fsot " of land fru�ig ta�tot:4�a�t,�:- . � '°. : o June 7, 1990 c�ie�i��denf�,�abuttueg ta�r_1c�41t��ved�s a reqee,st w; _ partet�p�#he tesuitani tsx`IoE.41�1 �nw-two�paecels�7,54t3�uare� ,_ ��i�roe�o�;�tyz�ac�: ��:�-a s_t��c�,4s _ ��nu�►�ae�e)�ACA- N:7525 aiu!9�3�1 SWL�adaea Street�I�i 151-. .; ► � j � 25i:Q,taii.:�4103�nd_4l�) - _ : c. K . . . ��'�°' � TL'f�99 PubLsh'Jwie7,-,Y990 '. �_ � ._ __ . . _ n , ��_:r ..__.�rw� _,. -,-- ... , . .__,,;__,._.. . . >,. > > Subscribed;and siyorn a�tsefore me thi ` � -._ �:._ f - Platary Publie for Orsgon � My Com " es� :�..:=�C.�L � , AFFIDA�T _ �3 '_ � . . . ....... . ..,_.__. .._....�..v.f.iF._� - _:�. ...._".- , .:'._ .�:.`: /,.ti ��..�� G�,, . TIMES PUBLISHING COMPANY Le�a� TT�6o1 P.O:BOX 370 PHONE(503)684-0360 NOt�C@ ��588� BEAVERTON,OREGON 97075 � legal Notice Advertising � RE��IVED � Tearsheet Notice ' � Ci ty of Ti gard , • ❑ Duplicate Affidavit P0 Box 23397 JUN 2119gp Tigard, Or 97223 v . �n� A . � I , _ AFFIDAVIT UF PUBLICATION ��'��"� fi' ' ' � Y � � y. ' t� r STATE (aF OREG�ON, )ss. "�' ', , x' � TON �� '�a ,� x GOUNTY OF dilllSNING , ) , � E , �: , � �� liirlith Kn�hlar `'�,�; �Q' + � ' being firs4 d�9y sworn, depose and say th�t I am h� Advertising , $ G>' � U" Director, or his principai clerk, of the Tigard �'imes , �" ' ,$�j s�� v�� n�� a newspaper of general circula#ion as defined in ORS 193.010 �, � ,'� -; anci 193.020; pubiished at 'riqa►"d in the � r�.� � ; afaresaid county and state; that the `� ::'' � * _ � f Pu h li� Hearing C PA��F Z O A 9 0-01 y' � � ; " ��: a printed Gopy of wh�ch is hereto annexeci, was published in the � ' 5 k; z , � n e w s a er for 011e successive and � ,� �, � � � ' entire issue of said p p � � �� ; consecutive in fhe follov�cing issues: ' , �� < ° �.;:z� � � � June 7 1990 ` ,�� ';�� ,. � � � - �:� � � `' � ��,zfi � �' ��f 14�` �� f � '�� t�I1.,�" ' b � 'r � .., ,'�. � 'i�� F�..� � . 5ubscribed and sw n to before me this 7th daY Of JUne 19�0 �,Y ' r f. , � , - �� j , � < � f � � , �:� ' � , � a Notary Public for Oregon �;, + `�`��j� � , 6./9/93 ° ; r � U :� �°� ��-� �._.�a„�._ .� �.� �:� My Camm� r�Expire ; _ AFFIDAVIT � � � T IG2, RD PLl► l< 1� I1fG COHHZ S S IOA B�OTICS: 1lLL PBRSO1dS DSSTRING TO SPS1�R ON AIiY ITS�1 MQST TI(�i T1�IR � ANA NiOrIS TSBYR ADDRESS ON TSIS S�T. (Flease P1tINT) AG�NDA ITEM: �.I CASE NUMBFR(5): M L r -(D'��C�S OWNER/APPLICANT: �U�N�� - LOCATTON: �ZS e_I�'jI �� L��I�� S�� _ 6 - Npp Y�pQMgEEt: DATE OF IiEARYNG �" I`i' �E,_ ---- � PLFASE PRTNT YOUR NAME ADDR�SS, AIdD INCLt7DE YOUR ZIP WDE PROF�NENT (For the propasal) OPPONENT (Agai.net the proposal) Print Naaie/Addreee/Zip & Affiliation Print Naaae/Addrees/Zip & �ffiliation 1 ` �',� ��3 -�v �J �r�vu� 7,�Z ��v �� D �� d s,r�� •G t_. 'L.'G b G W hG-n v'n.v i - i � 7 r � ? l , . j . . . . . . .. . . I i � . . . . . . . . . . . . . . � i i . . . . . . . . . .. .. . . .;�� I i �� . . . .. . . � i .. . . . . . . . .. . . . ..'I . . . � . . . . . . . . . ..�.�i . 'i ' t,� SIG !► RD PLS1fNIIfG COlIHISSION NaTIGB: !lI.L PSRSONS DSSIRING TO SP8�i1C ON ANY ITS![ IiQST SIC� THSIR 1�!!� ApD NO�iS T�IR annx�ss ox �s s�r. �piease murra� AGENDA ITEM: � •7•- CASE NUMF3ER(S)s Z�� AID�QC71Q) /C�IT qC•OO�.` � OWNER/2�APLICANT: �{��I�(V�. �a��S LOCATION: NPO NUMBER• DATE OF HEARING (D'� I 1"" l V _ . PLEASE PRiNT YOUIt 1�iAM�. ADDRIRSS AND INCLUDE YOUR ZIP WDE PROPONENT (For the propoeal) tJPI�ANENT (Againe� the pr�poealj . . 0.� . . . . . Print Name/Addreas/Zip & Affil�_atfon Pr�tnt Name/Address/Zip & �ff£li.ation � � _ r � � � „� _ ,.,:,�w,___:�_ . G .�,,. ,: �;n;; CITY OF TIGARD PLANNING COMMISSION FINAI,� ORDER NO. 90-16 PC A FINAL ORDER INCLUDING FACTS� FINDINGS, AND CONGLUSTONS WHICH UPHOLDS AN APPEAL dF THE DIRECTOR'S APPROVAL OF MINOR LAND PARxITION MLP 90-0005/LOT LINL ADJUSTMENT MIS 90-0006. The Planning Commision revi�wed this applic:ation at a public hearing on Ju�ae 19, 1990. The Commission'e decision is baged upon the facts, findings, and conclusions noted below: A. FACTS 1. General Information CASE: Minor Land Parti.tion t�'.P 90-0005/Lot Line Adjustment MI3 90- 0006 � fftEQLTEST: ! A requeet for approval ta allow a 10� line adjustm�nt betw�en tax 5.ot ' 4103 and 4104 (eee exhibit A) which wxll reeult in a 1150 square £ocat in�reaee in the eiz�a of tax lot 4103. Also requested ie minor iand partition approval to allow the remainder o.f tax lot 4104 to be di.wided into two parcele cantaining approximately 7590 square fe,et and 2.� 1 acres. Access to the parcel� would be provided by an access ea��ment on tax lot 41Q4. Lncationa 7525 and 7531 SF7 Land�u Street {WGTM 1S1 25CD, tax lote 4103 and 4104) . Zone: �-4.5 (ltesi�lentiaa, 4.5 units/acre) . COMPREFIEN�IVE PLAN �ESIGNATION: Low Denaity Residential ZONIIdG: R-4.5 (Residential, 4.� unit�/acre) APPLICANT: Robert Burneas 7531 SW Landau St. Tigard, OR 97223 OWNER: R.B. & F.H. Burnees ; 7531 SW Landau St. Tigar�d, OR 97223 LOCATION: 7525 and 7531 SW Landau Street (WCTM 1S1 25CD tax lots 4104 and 4103) 2. Backaround Information The eubject parcele were annexed to the City of Tigard through the Northeast Metzger annexation in November, 1987 (ZCA 87-05). A lot line adjustment for adjacent tax lots waa approved in January, 1989. A minor land partition and lot line adjuetment (MLP 89-�0/M FINAL ORDER NO. 90-16 PC - �URNLSS MLP 90-0005/MIN 90-0006 PAGE 1 `' � 7: k E � � � is �; e; �{ . . .. . . . � . . . . . � � � �.:1 _. „�r:. , ��. �� $9-27j approved in January, 1990 created 3 parcels from adjacent tax lot 4100. No othex land use applications tor theae parcels have been reviewed by the City. 3. Vicinitv Information North of the aubject parcel� the properties are zoned R-4o5. Propertiee ad�acent to the �ubjec� parcel tn the south, east, and west are located in Washington County and zoned R-5 for eingle family resideaces. Furthex to the west propert.iee are also zoned R-4.5. 4. Si�e_Information and Pronosa� DescriAtion A aingl� family dwelling is located on tax lat 4103. A few f3.r, cedar, fruit and deciduaue trees are scattez�ed over the sit�. The applican.ts own about 7 acres in �hi� area including the subject parcels. The applicant proposes ta move the comman lo� lin� between �ax lata 4103 anc3 4104 (see exhibit A) 10 feet to the north reeulting in an increaae in the eize of tax lot 4103 from 8165 to 9315 equare feet. The remainder of tax 1ot 4104 is then to be partitioned inta twA parc�la containing 7550 square feet and 2.8 acree. Acc�e� to parcels wi11 be provided by an aceess eaeement locat�d on tax lot i 4104. � 5. Aaencv anti NPO Cammente � Th.e Engineering Division hae the following comments: a. Although not ahown, acceea for the lots appears to be provided by extending a common driveway propoeed in a previoL�s minor land partitinn (MLP 89-20) approved for the adjacent parael that connects to SW Landau Street. Section 18.108.070 of the �ode requires the driveway to have a minimwa paved '' wicith of 24 feet and an acceseway nf tliirty feet. Curba and a sidewalk are aleo required. Becauee of the previously approved application fc�z a m�:nor land partition on an adjacent ar p cel, th� common driveway will be �erving �ix res�dential ;, paraele. Thie i�e the maximum permitted by the Code. Purther divieion of the remaining parcel would require the conetruction of a publia atreet. The applicant ehould be made aw�are that the propoeed private driveway cannot become part of the public atreet unlea� it is inspeoted and accegtied by , the City. " b. sw �,anaan Street ie an unpaved County road. The Department of Land Use and Transpartation of Waehington County has determined which improvemente should be xequired for the FINAL ORDER NO. 90-16 PC - BURNLSS MLP 90-0005/MINI 90-OOp6 PAGE 2 ;�: h €;' {:; i;�. �j:1 �}1 , ijt. x+ �'�. .. . � . . . : .� .�.:_. .. . � . . . I. . ;� ' `� ,,.� , adjacent Minor Land Partition (MLP 90-05). Thesa same ' improvAmente shnuld be required for this application. c. Although nnt ehown, eanitary eewer service ia available from a aewer accepted by the Unified Sewerage Aqency in May 1988. However, the line ie not within a public easement. The Building Divieion queetioned whether there are an.y existing � structures near the propose� lot line adjustment between tax lot i 4103 and 4104 and commented that exieting utilitiee ehould be located and easemente �rovided wh�re they croee p.roperty lines. NPO �8, TCI Cablevisinn of Oregon, P.G.E., Metzger Water Di�trict, and Fire 1)istrict �l have reviewed the proposal and hav� no objectiona to it. , The appellants appeared at the hearing and reviewe� the reasons for the appeal. B. FINDINGS AND CONCLUSION Section i8e162. 06Q (Lot Line Adjuetmen�as Approval S�andards) of the Community Developmsnt Code contains the standards of appraval for a lot line adjustment, they are ae followe: 1. An additional lot is not areated by the lot li.ne adjuetmentc, and the existing parcel reduced ix� size by the adjustments is not reduced belcw the �ninimum lot aiz� establi.shed by the approved zoning for that district. 2. Sy reducing the lat eize, the lat or structure(s) on the Zot will na� be in violation of the site development or z4ning district i regulations for that diatrict. Lot line adjue�ment MIS 90-06 eatiefies the above criteria. No additi.onal lot is being created by the lot lin� adjuetm�nto '�he applic�nt ie also applying for a mi.nor land p�rtition ae die�ues�d below. Tax lot 4103 is increased in size from 8,165 to 9315 square feet, thus exceeding the 7�500 equare faot minimum lot size of �he R-4.5 zoning district. No atructure� or lota wi11 be in viola�i.on of the eite development or zoning dietrict regulatione ae a result of the lot line adjuetmgnt. The proposal must aleo meet the minor land parti.tion criteria of 3ection 18.162.040 (Partition Approval Cri�eria). They ar� aa followa: 1. The proposal conforms with the City�s comprehensive plan; 2. The proposed partition compliee w,ith all atatutory and nxdinance requirements and regulationa; 3. Adequate public facilities are available to eerve the propoeal; FINAL ORDER NO. 90-16 PC - BURNES3 MLP 90-0005/MIN 90-G006 PAGE 3 � l; t 2,i i: . ° � _ ,.,, �� _. 4. All proposed lote conform to the size And flimensional requir�menta af this title;. and 5. All proposed i.mpr�ovements meet City and applicable agency s�andards. The pro�oe�l aomplies with a�l atatutory and ordinance xequirementa gnd regulations. Adequate public facili�ie� are available to serve the proposal. The lots conform to the size and dimeneional requirem�n�s of the R-4.5 zoning district. Preposed improvements meet City and applicable agency staxidarde at thie time. However, ae► noted in the Engineering Division�s commenta, if the applicant intenda to further devc�3.op tayc lot 4104 or otherwiae increa�e the number of dwellings being ac esrved b the ro sed aacesa then �:he ro sed acceseway will hav� to Y P PA r P Po meet City a�andarcls for a public etree� and be insp�cted and approved by the City . While the proposal satisfiea the applicable Cozamunity Development Code approvaY standard�, the Commieeion agrees with the appellante that developm�ent in Area of Special Concern (ASC) �10 ahould be reviewed through the public hearing process rather than adcainietratively. Also, eufficient information is not available at this time to det@rmine the affect this propoeal would have upon ASC #10. Ther�fore, the Cammie�ion upholda the appeaZ anet xescinds the Directar'e decieion to a].low MLP 90-0005/MIS 90-0006. C. AECTSTON The Flanning Commieaian uphold� the appea7 and therefore, ML� 90�Q005 and MIS 90m0006 axe denied. PASSED. This ,i� d �ta� af June, Y990 by the Planning Ccsmmi on of the Ci.ty �� Tigard. �...� �"-----_ - � - - M on F. , ce eident Tigard Plan i ommieai.an FINAL ORDER N0. 90-16 PC - BURNESS �,P 90-0005/MIN 90-0006 PAGE 4 f �� AGENDA ITEM 5.1 MEkdORANDUM � CITY OF TIGARA, OY2EGdN TO: Planning Commission FI20M: Vi Goodwin, Assietant Planner DATE: June 15, 1390 SUBJ�CT: Appeal of Minor Land Parti.tion MI,P 90-OC105/Lot Line Adjustment MI5 90-OOQ6 Attached to this document you will find: * Exhibit A: the notice of decision for MLP 94-OQ05�MI5 90-0006 which includes a site/vicinitr map that showa graphic�lly what was approved * Exhibit B: the appeal dacument * Exhibit �: a copy of the text and map of Area of Sp�ecial Concern �k10 from the Atetager-Progress Communi.ty Plan * Eaehibit D: a letter from Keith Liden to 2ydarten King dated Septemb�r �, 198� cflncerning tree remaval on tt►e subject site and its relations.lxi�a to the "Area of Speciall Concern #10" �iesignation i * Exhibit �: a map s�aowing the type of eurfaces in existence on the variaus streets diecuesed in the appeal * Exhibit F: a letter from Mr. Thomas Smith addressed to the leiayor, the Gonncil, and the Planning �ommise3,nn Backqround 5ummarv: an May il, 1990 the Direator's deeigne�s approved MLP �0-0005/MIS90-0005 allowing the applicant, Mr. Bob Burnesa, to partition a large parcel nf land into two parcels. The net effect of the partition ie to areate a 7,590 square foot parcel int�nded to be used as the ait� for a single-family dwelling. The remaining 2.8 acres contains the bulk of the parent parcel. Ae a conditian of a�proval the applicant wae required to execute an agreement waiving h.is right to oppose a future local improvement diatrict formed �o improve SW Landau Street. As a part of this application a lot line adjustment was also approved. A previous minor land partition and lot line adjustment (MLP 89-20/M 89-27) for an adjacent property (aleo owned by Mr. Burness) wa� approved in February, 1990. Thia partition allowed the creation of three 7,950 equare foot residential lote and adjusted the size of an existing residential 1pt. A� � condition of approval the applicant was required to provide etreet improvements STAFF COMMENTS TO APPEAL OF MLP 90-0005 - BURNESS PAGE 1 �; �`�:`. in the form of an interim 24 foot wide asphaltic concrete surface along the Landa� Street frontage of the eite. This cor�dition was appl.ied because we were informed by Washington County that Landau Street ie a County Road and the County requeeted etreet improvemente done ta Count�r standards in tlxeir commente on the proposal. The County's request £or street improvements became a condition of approval, as is uaually the case wi.th "other agency" r�qu�ste. Staff comments reaardina the awneal of MT�P 90-00050MIS90-0006: �he following notes are numbered to correspond with the numbered items liated I in the attachment to th� appeal filed by Mr. Thomas O. Smith, et al. . � � 1) The ap�ellants point out that SW Landau Street, between SW 75th and SW 77th Avenuee, hae been annexed to the City (Boundary Commiasion Final Action �2413), contrary to comments made in the notice of decieion which indicated that Lanciau Stxeet ia etill under the County's juriadiction. Staff Resnonse: We have determined that th� appellantg are correct, Landau Street xs within the City's juriadiction. 2} The appellante aasert that, as a group, they have been and are willing to continue to be held r.eeponsible for �he maintenance af SW 77th, SW 75th, a�nd SW �Oth Av�enuee. They al.so point out that acce�s to Landau Street is provided by these thre� streets. Staff Resnonse: Appellants are aor�ect rPgarding the etreete that provide access to Landau Street. The na�ure of the agreement among the apellante ie not known but the the County does nat maintain '77th and 75th Avenues. The ievel o� maintenance perform�d on SOth is described as minimal. In gen�ral, this mean� th� County do�s �mergency repair and hazard aba�ement only. 3) �`w� p�ints are made here. Firnt, that any pe,�son who develops thea subject property ahould be held solely rgepnnsible for the upgradi.ng and maintenance of all affected acceee roade (listed in item 2, abovs) and all affected property owners ehould be abaolved from involv�m�nt in any future local improvement diat�ric�. Secand, the appellante point out that the Burnesa property is loaated in Area of Special Concern �10 of the Metzgex Community P1an. Staff Reauonee: street improvemente are nat typically required as a conditian of approval for a minor land partition. Inet�ead the applicant ie usually required to dedicate right-of-way and sign a nonremonetrance aqreement for a future local improvement district (L.T.D.) in accordance with Code Section 18.164.030.A. When an L.I.D. is f�rmed all propertiee that benefit from the etreet improvements are expected to participate. In this case, there are approximately 30 properties that would bonefit from improvement of Landau Street. The creation of one asiditional lot by the applicant does not warrant requiring the applican� to be solely reeponeible for providing exteneive etreet improvementa. I STAFF COMMENTS TO APPEAL OF MLP 90-OOQ5 - BURNESS PAGE 2 ; � S � � �t t, , ' � � _ _ t.,� ( .�. / �4�, tiY� �' With respect to Area of Special Cnncern �10 of the Metzger Community Plan, staff recognizes that thQ subject pro�erty is within the boundariee of thie area. This iesue was previously addressed in a � letter fram Senior Plaraner Keith Liden to NPO �4 Chair�erson Marten King which is attached to thie eummary and icientified as Exhibit B. In ;. addition to the discuasion of ASC �10 in Exhibit �, staff aeserts that the aite of the current minor land partition application being appealed containa but a few treee aad that the intent to preaerve treee in AsC �10 appliea mare to the northern portion of the pro�perty owned by the applicant than to the portion currently under consider�tion. Furthermore, the guidelinee of ASC #10 allow up to 50� of the exieting trees with a diameter of 6 inches to be removed. Staff would nat encourage removal of any more trees than n�c�esary, but aleo p�ints out that the intent of ASC �1Q is not to prevent d�velopment in the area. 4) Statea the appellan�s intent to appeal any and a11 fu�ure development. Staff rest�onse ie not neceas�ry in thie inatanca. 5) Asserte that the City Yase not complied with proper and tim�ly noticc�s to F aff�cted property awreers. Staff Reenonse: Th� notice of decxeion was mailed May 11, 1990. The a�►peal filing ds�dline was May 22, 1990. Section 18.32.300 requizes that the mailing date not be counted in the appeal peri.od. Recipients of ths notice af decioion were qi,vera 10 days to appeal the deciaion as required by the Code. 6) 5ignai:tiires of appellants, no r��ponee necassary. Staff Recommendation Staff recommende that the appeal be denied and the approval af Minor Land Partition MLP 90-0005/ Lot Line Adjuetment MIS 90-0006 be upheld. , � t' i. i i� fi 41 I+� {(' l� }; �L1 4 STAP'F GOMMENTS TO APPEAL OF MLP 90-0005 - BURNESS PAGT 3 CITY OF TIGARD NOTICE OF DECISION ASINOR LAND PARTITION MLP 90-05,/LIYP LINE ADJUSTMENT MIS 90�Ofi BURNESS - APPLICANT APPLIGATION: A request for approval to allow a lot line adjustment b�tween tax lot 41fl3 and 4104 (see exlzibit A) which will result in a 1150 square foc�t increase in the size of tax lot 4103. Also requeeted is minor land partition approval to allow the remainder of tax lat 4104 to be d:wvided into two parcels containinq approxi�ately 7590 aquare �eet and 2.8 acres. Acceas to the pa�cels would be provided by an acceea easement on tax lot 4104. Location: 7525 and 7531 SW Landau Street (WCTM 1S1 25CD, tax lots 4103 and 4104). Zonez R-4.5 (Reeiden�ial, 4a5 unite/acre). DLCISION: Notice is hereby givan that the Planning Director'� designee fe�x ttxe C:Lty of Tigard Y:�� ?�?nROVSIa the above application �ubject to �conditions. The findimgs and conclusione on which the decision is based axe noted below. A. FINDING OF FACT 1. Background The eubject parcels were annexed to the City of Tigard thraugh the Nort�xeast Metzger annexation in November, 1987 (ZCA 87-05). A lot line adjuetaient for arija�ent �ax lote was approved in Jan�uary„ _ 1989. A minor_ land partition and lat lin� adlju�tment (MLP 8�-20JM 89-27) appraved in January, 1990 created 3 parcels from md�ace�t tax lot 4100. No other l�nd uee applicationa for the�e p�rcels have be�n xeview�d by the City. 2. Vicinity Information North of th� aubject parcels the properties are zoned R-4.5. Properties adjacent to the aubject parcel to the south� east, and west are located in Wash�ngton County and zoned R-5 for single fa[aily residences. Further to the west praper.ties are also zoned R-4.5, 3. Site Information and Propoeal Descriptioa A �ingle family dwelling ia located on tax lot 4103. A few fir, cedar, fruit and deciduoue trees are acattered over the site. The applicants own about 7 acres in this area includin�g the subject �; paraele. i. E:! ATOTIC$ OF DECISION - MLP 90-05/MIS 90-06 - BURNESS PAGE 1 �:` 1_ I= �^ �f�/ � ` ' a: The applica�t proposea to move the common lat line between tax lots 4103 and 4104 (see exhibit A) 10 feet to the nor.th resulting in an increase in the size of tax lot 4�03 frum 8165 to 9315 square €eet. The remainder of tax lot 4104 is then to be p�rtitioned into two parcels containing 7590 equare fc�t�t and 2.8 acres. Accesa to parcela will be �Srovid�d by an accese eaeement lacated on tax lot 4104. 4. Agency and NPO Commenta The Engineering Diviefon hae the following c�ente: a, Although not eh�own, acce�s fosc the lAts appears to be provided by ex�ending a co�n d9civaway propoued in a preeious minor land p�rtition (MLP 89-20) apgrov�d for the Aa3aGent �aarcel that connects to SW Landau Street. Sect�.on 18.1A8.070 of �the Code requires the driveway to hav� a minimum paved width of 24 fe�t snd sn acce�eway af thirty feet. Curbs auad a eidewalk are ale�o r�quir�d. B�esue� e�f �he prQViously approved application for a m,inor �and parti��orc on an adjacent garceY, the cc�mm�on driveway wi11 be servinq eix re�aidential parcels. This is the anaximwn germitte�d by the Code. Further division of the rema�.ninc� paresl would require the construction of a public etreet. The apglicant ehould be m�de aware that the prapos�ed pri.vrate driveway cannot Ysecome part of the public �tre�t unless it is� inspected and accspted by th� City. b. SW Landau Street is an unpav�d County road. The pepartmerat of � Land IIse �nd Tranapcartation of Waehington Caunty has determined whi�h imgrovemen�a should be r�quired for the adjacent Minor Land Partition (MLP 90-OS), These same improvements shpul�3 be required Eor this appl�.catian. a. Although not ahown, sanitary aewer service is available from a �ewer accepted by the Unified Sewerage Agency i� May 19d8. However, the line ie not within a public easement. The Building Divisioa que�ti.oned �hether there are any existing etructurea near tne propoeed lot line adjuatment between tax lot 4103 and 4104 and commer�ted that existing utiliti�s ahauld be located and easements provided where they crose property �ines. NPO #8, TCI Cablevision of Oregon, P.G.E., Metzger Water Dietrict, and Fire Diatrict �l have reviewed the propoeal and have no objections to it. No other commente have been� received. NOTICE OF DECISION - MLP 90-05/MIS 90-06 - SURNESS PAGE 2 t t B. ANALYSIS AND CONCLUSION Section 18.162. 060 (Lot Line Adjustments: Approval Standards) of the Community Developnent Code containa the atandards of approval for a lot line adjuatment, they are as follows: 1. Ari additional lot ie not created by the lot line adjuatarent, and the exieting parcel reduced in eize by the adju�tmenta ie not reduced below the minimum lot size establiahed by the approved zoning for that dietrict. 2. By reducing �he lot eize, the lot or etructure(s) on the lot wiYl not be in violation of the eite developanent or zoning district regulations for that diatrict. Lot line adjuatmenl: MIS 90-06 satisfies th� above criteria. No additional lot ie being created bx tlse lot line adjustment. The applicant is also applying far a minor �and partition as discuseed below. Tax lot �4103 is increaeed in size from 8,165 to 9315 squa�e fest, thus exceeding th� 7,500 sc;uare foot miniatum lot e�.ze of the A-4.5 zoning district. No structures or lots will be in violation of the eite development or zaning district �regulations �s a reeult of the lok line ad j u at�nent. The propo�al must aleo meet the minor land partition criteria of Secti.on 18.162.04Q (Partition Apprnval Crit�ria). They are ae followe: 1. The proposal confs�rma wi.th the City°s compreheneive plan; 2. _ The propoaed partition eompli.es with all etatutory and ordinan�e requiremen�.a and regulatione; 3. Adequate public facilities are available to eerve the propoeal; 4. All proposed lots vonform to the size and dimenaional requireanente of thia title; and 5. All proposed improvemente meet City and applicable aqency standards. The propoeal conforma with the City'a Comprehemsfve Plan. It complies with all etatutnry and ordinance requfrecnente and regulations. Adequate public facilitiea are available to aerve the proposal. The lots conform to the eize and dimensional requiremente of the R-4.5 zoning diatrict. Propoeed improvemente meet City and applicable agency etand«.,de at thia ti�ae. However, as noted i.n the Enqineering Division•s comments, if the applicant intends to further develop tax lot 4104 or otherwise increaee the number of dwellinge being eerved by the proposed accesa, then the proposed accessway will have to m�et City etandarde for a public street and be inspected and approved by the City. NOTICE OF DECISION - MLP 9Q-U5/MIS 90-06 - BURNESS PA6E 3 r; i i, �l �: � �; Tree Removal The agplicant must apply for a tree removal permit prior to removing any trees v�vith a six inch dismeter or greater at four feet above ground ievel. Staff encourages the applicant to greaerve the assortment of tXeea established on the eubject parcel. C. DEGISION The Planning Director's desiqn�e� for the City of Tigard approves MI�F 90- ' 05 and MIS 99-06 subj�ct to the follaw.inq conditians: UNLESS OTHERWISE INDICA�D, ALL CONDITIONS SHALL SE MET PRIOR TO OBTAINING A BUILDING PERMIT. 1. A part3.tion eurvey plat and an outbound description sha11 be submitted to the Engineering Divi�ion before recording. The plat shall clearly ehow: �. Tt�e accee� easement as well as ownership and maintenaace - responeibilities, and b. �4 permanent exclueive 15-foat wide publ.i� aanitary easemen� extgnding acroas the newly r,resteci pascel. The easement shal.�. be executed and reaorded on Pa�as prowid�d by the Engineering Division, re�ferenced on and becaning part of all applicable parcel deeds, and approved b}+ the Engineering Divieican before recording. STAFF CON'PAGTs John Hagman. � 2. The �.greement sha�l be executed by the applicant, on forms provided by the City, which wai.ves the propesty owner's right to oppose or remanstrate agaiast a future local improvement diatrict formed to improve SW Landau Street, 3TAFF CONTACT: John Hagman. 3. The applicant ehall obtain a letter of eerv�iceability from the Department of Land Use and Transportation �of Washington County, to perform work within the right-of-way of S.W. Landau Street. A copy ehall }ae provided to th� City Engineeria�g Division prior to issuance of a Street apening Peraait. STAFF CONTACT: John Hagman. 4. A driveway with curbs, eidewalka and a paved width of 24 feet ', within an seceseway width of 30 feet, ahall be inatalled before acc;upancy peraait is iseued. �he length if tk�e paved area ehall be euch that, as a minimum, it extends to the north side of the ciriveway that serves the northernmost lot created by the minor land partition. The applicant ehould note that if further development fa to taks place on tax lot 4104 the aubject driveway muet meet City standarde €or a public stree� and �he improveatents must be inepeated and accepted by the City. STAFF CONTACT: Brad Roast, Building Diviaion (639-4171). NIOTICE OP' DECISION - MLP 90-05/MIS 90-06 - BURNESS PAGE 4 Eq 5. The submittal for a buildinq permit ehaA1 include an erosion control plan confornaing to "�rasion Control Plans - Technical Guidance Handbook, November, 1989.a STAP'F CONTACT: Brad Roast, Bu3<ldinq Division (639-4171). ' i THIS APPROVAL IS VALID IF EXERCII4LD WITHIN 18 MONTHS OF THE FINAL � i DECISION DATE INDICATED BELOW. I, , D. PROCEDURE � i 1. Notice: Notice was poated at City Sall and mailed to: �' r XX The appl�cant and ownors x XX c�wmere o� record within the required distance i XX The affected Neighborhood Planning Orqanization �; XX Affected government aqencies 2. Final_Decfeion: THE DECISION SH�1LL BE FINAL ON 5 22 90 UNLESS AN `' d APPEAL I9 FILED. � 3. Apvealz -Any party to the decision may appeal this decieion in ; accnrdance with �fec��.ua 18.32.290(A) a�d Section 18.3z.370 of the �' �a�arnunity Developnen� Code which providea that a written app9al �' must be filed with the City Recorder wi.thfn 10 days after notice ia l', giverr �nd sent. Appeal fee schedule and for►as ure availabl� ati Tigard City Hall, 1�125 SW Hall Blvd., Tigarcd, Oregon. �; The deadline for f�.lin�t �f �nn appeal is 3:3Q p.s. N1aY 22� 1990 4. 4uestions: If you have questions, pl�sase call Citx of Tigard Planning Departraent, City of Tiqard Gity Hall, 1.3125 SW H�7.1 � ,� Blvd.o Tigard, Oregon. _ 5 �� qo PREIPARED BY: Viola R. Goodwin DATE " ,:; elopment Review Planner -� , � �� . — �i APPROVED BY: Reith S. Liden DATE ;:1 Seniar Planner ;i: � � � � l:'� �,; f' i;`'' {k', � . . . � � .:ir .- . � . . . � �� ` _ . . . � . . .�'`�, y-: 1�10'rICE OF' DSCISION - MLP 90-05/MI3 90-06 - BURNESS PAGB 5 f.f (< t> ri y: i � � � � � � - � . � STRE E T Q ^ ��/ � 11� e� � -� L� , El_d�AW000 . • • . . . - � �� s � �/� • • �� o � • • � . • � TAX GOT N/0 y ° �/�n�oG S'TREET . � � �oT Ct�6A?b t� �r �LP qo-os • tJE1rJ . �' `�L I N� �• °� S �ax�� aLb � 4/0 3 ��oT ��Qc STREET _ ��NE . . . � - � � �ts � .. . .. c�A-r�� - a � SW I.AND s "'�n •Zo . w > � � . �: , � L.AND USE DECISION APPEAL FILING FORM The CiL-y uf Tigar•d suppur•ts th� citizen' s right to participai:e in local gnvernment. Tigard's Land Use �'�O� �'�� Cocie L-herefore sets out s�ecific requirements for filinc� appeals �in certain land use decisi��ns. ORfGON The fu.11uwirig furm has been developed to assist yuu in filing an appeal of a land use decisiun in proper form. Tu det�rmine what filir►g fees will be required ar to answer� any qu�sti�ns yau have regarding �he app�al process, please contact the Plarinir�g Division or the Cii�y Recur�der aL- 639–A171. . 1. APPLTCATION BEING APPEALEQ: ��D C�� A� �� 9'O-D6 .�t/rrresS�A�ira�� 2. HOW DO YOU QUALIFY AS A PARTY: ,��j_OqCPr�� +�irJpor/}/ /!o�D�.°►^ 3. SPECIFIC �ROUNDS FOR APPE�L OR 12EVIEW: .�,o„p tsc,-��.�.L�1� f��t. r �^ � �i.yc.i �v1 El� /�/�/_�0_ro � ..�� !.h!/v/d p /n c� ��vrP __ �r • � �l,�� . `� -�/ �.,,i'I'• cjr ' 4. SCHEDULED DA7E DECISION IS TO BE FINAL: 5/aa I�l'O I 5. QATE NOTICE OF FTNAL DECISION WFOS GIVEN:. J �I ( v b. SIGNATURE(S): C !� .— �(-x�•1E��(-x-x••x-��(�t�HE�(-�t•�E•x-x-x-K-x-x-k�HEjt-x-M-xiFx-x-)t-M-x- �k-1t-x-M�•x-it�E�(-1E-)t��t-�f-xiHE• -�•��t-)E�E-x-x-x-x-2E•xal-�t-)E�(-x-x••1k�(-� FOR OFFICE USE ONLY: R ceived By: {��ate: � ime: �� •�. Approved As To Form By: Dat . '!) Time. . D �, Denied As To Form By: Date: Time: �HF��(-)t•�E-x••x��(-)HE�(-x-x•�x/-/1E�E-��t•�E°x�t°N-)t 1��t-x-)E-1HE-�1t9HE�t-��(•9t�HE�-1l-x-x-x-x-x•�f-x-x-��1t-1E*�(-lE•�•K-x��(-�t-%��t-M�x-1F��iE�(-N�� lw/A846A G' I� �C-(�.LC� ��5 � �/p�c� l�� 13125 SW Hall Bivd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 ; �� RE: MLP 90-05 MIS 90-06 May 20, 1990 9930 S.W. 77th Metz�er, OR 97223 Mr. Keith 5. Liden Senior Planner City of Tigard Washingto�n Coun�y, Oregon RE: Decision Notice on MLP9U°05 & MIS 90-06, dated City of Tigard 5/11/90 Burness Applicant. Whereas: This applicant lhas had a lengthy history of involvement in the. attempt to develop th� �even acre parcel of "Area o� Special Concern �10, as designated in CP04 Metzger-Progress Comansnity Plan, currently applicable since June, 1984; and acknowledged to be 3n compliance with statewide planning $oals by Oregon LCllC on April 27, 1984, to the detriment of the environm�ant and surrounding neighborhood property, and further that portions of th3s property have been found, as x�oted in Washington Gounty records as of Jans 16, 1987„ to be in violation of zoning laws and the community pl,an, and further„ that he has been cited for illegal tree removal on va�iaus occasions, has developed non-compliance residen�es on said property; now, therefore, the following petitioners wish to appeal the aforeme�tioned decision, and further request that said applicant me�et certain conditions prior to further develop�nental consideration by any Goversting Body of the City of Tigard, in order ta preserve Che cnma�unity standards status quo. 1) Washington County records, (Annexation Order 2413) show that Tigard h�s Annexed S.W. Landau Street between S.W. 75th and SeW, 77tix, contradicfiing statement; 4, B on page 2 of letter of notiee of deci.sion from� Tigard, dated ; 5/11/90. 2) The only public access to the Burne§s property is via this annexed portion af S.W. Landau via the following county ded3cated public roads: S.W. � ; 77th, S.W. 7Sth, and S.W. Landau via S.W. 80th. Eac� of these designated ' public roads are indi�idually paved and maintained by the adjacent property holders, who have expressed a desire to maintain the status quo, and have no wish to upgrade them to a point that the county would agree to assume � maintenance. A point in fact, we are unanimous in our decision to continue our personal financial responsibility for the maintenance of these roads a� i t�heir current standard. 3) We further concur, without dissent, that in the event that Burness, or any property owner or developer wishes to d�velop �thi.s property to an r extent that would increase the vehicular traffic, in volume or velocity, or ; impact the wilderness aspect af the Ash Creek FloodpAain and Wetland in '' � `. Page 1 �� -- n��5� j �Y (. i. I 4 e i } ! t > #,! t {� f �.,. _ ---. . ._ .,»,.., ._. :_.. ,_._ _— . l"e/i1.on Q�iir�sT '` � . ° I''1�CP 9o-os' . ��S gp-DG A.S.C. ��10, Metzger Co�irnity Pla.�, that the pr_opexty.owrier/developer be ,,q r�quired to be held solely responsi�le for the upgrading and maintenance of �U�- all affected access roads, and to speciiica]Lly absolve all affected property holders on these roads from any involvement in any future L.I.D tha� any governing jurisdiction may propose relative to these roads and/or utilities involved therein. 4) If these conditions canno� be obtained, we are steadfast in our conm►itment to appeal any and all future movement Zeading to developmemt af this property. � S) �he City of Tigard has not complied with proper and timely notiCes to affected property owners, as legally required, (Letter of notiee of decision was dated 5/11/9f1, with appeal filing deadline 5/22/90, 3:00 p.m.) Tkiese letters w�re posted on 5/11/90, earliest del3very of lst Class U.S. Mail is 5/12/90. It is evident that only six or seven business days (when city emplcry�e4s are available for information) werp available to respond. ' CP04M holds a regular monthly me�eting on the 23rd of May, so the CPO body could not respond. CP04M bylaws axe explicit in r�equiring a vote of the body ; prior to sanctioning recom�enclations in the name of the C.P.O. Our officers � author3ty is granted and governed by the Body Politic. 6) The following petitioners have affixed their signature attesting they are familiar with subject proposed decision, and wish to voice their appeal. '� Address: S18�► •z ' <Y: rl�• f��,a 3 C/ , Address: Signature: /f � . �Q . 9 0 �S, t,v. � 7�='` e yf,�N�.Q,�i.y.y _ ��/I,A��"" ,� q3 �.. i Address: � Signat�re: . �1��t��j�]`��' � �Dr��aa-3 � �': � ; � ____ Address: Signatur : �! 7�075' s.�J. �c+�+�du.�, �or��c�n+��t 7�as � .��..-(�., / Address: Signatur 1 i p� � � 5. W e�.n c!c�.v U�?'�je�n� ?d��'S � f ��z.z.3 . cc: CP04M ' - Wash. Go. L.U. & T. OR. L.C.D.C. All signatory petitioners � �. City� of Tigard �,,, f` Page 2 a� 3 �o�Ps `- r';' �.. �:: �' ,. i:: E,� �. /"e/i lion 4�vbirJST ' . ' ly�P 90-os' ` � r��s 9o-a� A.S.C. �I10, Metzger Comm�`unity Plan, that the property.owrier/developer be required to be held solely responsible for the upgrading and maintenance of �� all affected access roads, ancl to specifir_ally absolve a11 affected property holders on these roads from any involvement in any future L.I.D that any governing jurisdiction may propose relat3ve to these roads and/or utilities involved ther�in. 4) If these conditions cannot be obtained, we are steadfast in our cormnitment to appeal any and all future movement leading to development of this propert.y. 5) The City of Tigard has not complied with proper and timely notices to affected property owners, as legally required, (Letter of notice of decisian was dated 5/11/90, with appeal filing deadline 5/22/90, 3:00 p.m.) Th�se letters were posted an 5/11/90, earliest d�livery of lst Class U.S. Mas.l is 5/12/90. It is evident that only six or seven busiatess day� (when city employee4s are avail�ble fa�r information) were a�vaila�le to respond. CPQ4M holds a regular monthly meeting on the 23rd of May, so the CPO body c�uld not respond. CP04M bylaws are explicit in requi.ring a vate of the bady priox to sanctioning recommendations in the name of the C.P.O. Our officers authority is granted ax�d governed by the Body Politic� 6) The following petitioners have affixed their signature attesting they are familiar with subject prcaposed decision, and wish to voice their appeal. Address: Sz�n re � �Y. ��°Q.�N�• �J` � �r�lsnv dt C1 '7�oZ� � Address: Signature: . � �i�>��'�/ M O (.t1 � 7 8 r x 9� . �. � � .z 9 , �� D� Address: � Signature: . �1��0�j �7`��'' Qb-r'��r4�a�3 � �` ----- . Address; Signatur r - �Y� � �a3 , � �a� (��t �� - �.�. �� _ � � w Address: Signatur , � � � � j..n 5. 2tf,7.�.SInI a.n��.v F,'d. I � � j 7 Z.2.� � � ��• cPO4M � _ Wash. Co. L.U. & T. OR. L.C.D.C. � All signatory petitioners �'? City of Tigard `'' Page 2 d� 3� �a�NS ; b. . � l�: �'' �. )'' � .. �i .. . � .. � �. � - /•9 /�.,�f'� �_ . � y ��/ t"'Q/i��ion A�o�n`'� ly/ ��v-06' ` ' . '. �Ol�f' � O � Address: 5 i `� ��,� 'J��.,.�G�' �.��,� � �Q� �, �. Address: ✓ v �� - ��y�gnature: O � �,r- s. � ..,�,��;tJ �G-�� _ ----� :,�' / `� � Addr�s�`��,�/y �u''il(�d'�[ Sig t re: `% � � a/o� � . �-- r-•----=-r-T- Address�/l''�i�'�� Signatu�. ; � � , �c.��.��`-'�'i'z-2-3 Address: -�� t J,W �,��,c�.� Sign t re: ! Q � r��-�-��o fz 9�?�3 T Address:� � � o .�.h1 • �o �' Si natures ! , �.—�-- �`�`- � �a �-� � •e..,�.�� 'KG�..S�v1,. "F��',r„� . T� Addxe�s: �� S'�, �� Si a re: V� ' Dr �7�� ' �� - Address:�W�� '`" " "'"'�, 5ign ure: _ � � ' �,�.a , o!Z 9'�2��3 � _. Address: ��`jO '�`�,L�/��'�� Signaturea � > �� '7..2�1 ��o,�'� .�/_��'�ii>� Addres�: �g.5� S�? 1_G ��1� Signature: „ � � � � � C• � '�` Q 7-�Z.' �l a,�4�.,. ��"vof�'�-�►. Addres�; , $ �Q 5�J �-� Sagnature: �• C -`. ( C� 1`�T'l �l'�4� �� :.7o2Q6 i Address:-1'�� `v�.J L-a-w�w�- Signature: ! 7 �?� � � � - . � 7$d v .5.�i,• La.�..:� �� _ , Address. Signature: � � /°d ,��/��C� °'2- g�L.z� ; � � .�, Pd�� 3 °�f s ��s iCli/00�2 Gf' Cli/7_S! `.�7`�-�- ' � `� /�'I,C P�lJ-�o 5 .S,('��.��_ � Address: 4�. Signat re: `� M�S �0 D 7 fS.Sa S"7 [�y�G�L�t/• ��f iy �� 97za.� ..�.-.- v�� :��. Address: Signature: �� { ��C�` i) ��,1��;��Tl,(:}��'�,� �� .-, � —._---�. 4 --r—� --�. . — Address: Signature: �r� ,` . 7Ss SJ �3 Sw e�.11n11�/l�l. .-Pm.� d 'nGRN7 ;:7R RZ2•23 Addr�ss: ._-- Signa ure: ,q'$G� S..vt/� � `] '��''/�v.E- II � l��i�rJ.-- �17�-z3 ._. , `?Sr� .�`!�''` . Sign ure. _ 3 � � °� � �U2-tl.�.�d- 'J��3 ��C _��;�� , � �. � ( ��re�: g�.� ��9 S' ature: . y ��!-��9 g7��3 , �—z� _ Address: �Z� �,/_ 7'7'� S3g ture: � � Q � . .. � ' 2Z..3 .� �l�u�u-� � Address:��rS Gc/ � � � ,�',ignat . ` � � � � �� Address:,/ �� -�� Sig �ure: j oC. / 4��,�.'%✓I.�.� C'/` ��Z�� 'Zj i`.JL�%" r . I ; Ad�dres� �'9?`r � �L� ?? � Signature: � � �� y/ ! � j�j�/ ,/r,j�.A.f�.%7 �%� �?1�✓,j �^ ' .G�L�',�' f ,� �(�0 5'�' •�'� � � ` �f Address: Signature� - o c�� C�Cz �� a-<7 1.�. � � - �`�-� ' : , . —� ,. � Address: Signature: , � 3� � � 3 � S `� � - � , r� � � . . ', �I Address: Signature: � ��% �� `� ��(� ��c u-�T __—, � �.' ;� � �a :�i �. �. � t } t , ,; �� e `7� �� s-�"UQ�s- �' � E � � _ �� : - �; . , ,__._._ �� . _..._.. ._ _ .��...� , , , •• / r/i/�o/� c� 'piri>� . � ° /`1�P D-OS" Address: � p S Sig�ature: . '�\ M� 90-06 � �c��v 5��.�� a�(Q��. (.)��;-� �. 1��t-�`.�� '�� a ��z�.� Address: /�'J�j, /� q�Z� Signature: . �� 7�D? �� t� � �-�,o ct,vo`�."� ` Address: Signature: 3� 7707 �`�. G�c-�s�" �T�.D 9� �3 �� Address: Signature: -3 j �`1�? S(,,> �awS f Pff� �T�� . Address: Signature: �cl� `U ��`�.�.�,� �"`�C7_� �v✓L.e.�L._ �c�-l.�r�vvr�-�J-�� Address: S:ignatures � ��I� ��l �7?� � '��oT ^ Address: Signat �� ) �� . _ Addresss - 5ignature: �`� �' 0 9 -�' .. .� s— f w ,�.,.,._,A� �� °��.�.�.. �,/ .�r�.,� � Address: Signatur�: i Address: Signatur�: Address: Signature: Address: Signature: Addxess: Signature: . / e S °� �� '�Qd� s G� . ��- _ _ _ __ �� CEOARCREST � � I I � I I � STREET � _ �. c3n . SHACY , > _ �STNUT STRkFT Q a. .� ti a ST. }, g W. LOLA � _ a� ( � � EUNWOOC� � _ , S.W. BARBqR — �4 . - ' -1�°� - .~ I0 �C K a� STREET ' � - � ' . � 1..... . � 3 l . . cn W STft��T S. . V N U � � •J S �ANDAGI ST - -r--x� r-`=---� r- - i�T-��CT� 2 Parcels which include the fp�ested land Plo additioc�a! street c�ossiogs of the _ ala� the east fo�k of /1�h Creek canprise stream, except fo� SW 74sh Av�nue, shall � Area of Specia) Concern 1Q. Oewelopneot b� Pemnixted within this Area of Speciai C,o�cem. Si�ce the po�tion of this site -� af st�uctures a�d (and dierisions in this : n- special �uoded arex shail be planned a�d _ �ast of S�V 74th Ave�ue is within a reviewed under the Type 111 review park-deficient area, public open space provisions of the Corrxnunbty Dev�elapment — use of the part ala�g the ceeelc shall be Code. Because of the importance of tre's �5�� du�ing the dev�lopmeat �eview and other natural v�etation to the p��ess, in coo�dinatio� with the wiidlife habitat and scenery of the com- ,_ aPP�aPriate park/ope� space managing ,, dev�el ent shall be design�d to ��'• munitY, opm minimize the area disturbed. AI�CI� 0� Dev�elopment approval shall not pennit — ��CI�� rertwvai of more than fifty perceot of 4he CDNIC�Ie� matu�e standi�g trees (six i�ch diamete� �/Q o� greate�) unle.ss deawnstrated that w removal is necessary to pemnit � Q dev�elopment of the site at the planoed f�7/0� 0� i density. This deaanstration shall be ' �Pp�/�}N7r�,$ i reviewed by the �tview authorit�r to p��L w�� ensure that the applicant has used the — ��C�/0 flexi6itity provided io Planned — Develo�xne�t p�ovisions of the Gode to �� minimize �emoval. Oievelopme�t design and clearing for st�uctures shall p�ovide for maximum. retentioo of large� trees. ' ___ I I I I I f I I 1 I � ( '� - _::_.._ _, _._�:._ _....� .a ;� _ .i' --„ ,. �. September 8, �.988 �'��F�'�/4� '� ORE�N Marten King, Chairman CPO 4, Metzger 9403 SW 80th Avenue Portland, OR 97223 - RE: Business Property Dear Mr. Ring: Thank pou for your Ietter of August 22, 1988, regarding the trees that were approved for removal on Mr. Burness° property on Landau Stree�. I would like �o outline the eveats leading to the issuance of the tree removal permit and respond to the cnneerns that qou ra�.sedo - 8/1/88 - Tom Smith called t� report that tree$ were being remnv�d on the Pturness property. Coy Iiumphrey, Code Enforcement Offic�r, visited the property and had the wark �topped. - Bob Burness called requesting a tree removal permit for a number of dying alders, spveral dead fir trees, and a Douglas fir t4�at was threatenin� to fall. - 8/S/88 - I visited the property, reviewed what wag to be cut, and � issued a p�rmit. The trees to be removed �ccounted for less �han 10 percent of the trees over 6 inche� in diameter. With the i exception of the one Douglas fir, all were d€�ad ar dying. - 805�88 - Mr. Smith called, arguing that removal of any trees violated the intent of ASC No. 10. I told him I felt the contrary but agreed to call Washington County for an interpretation of thfs provision. Because no one was available this Friday afternoon, and the trees could all be removed by Monday, I decided to withdraw the permit until this matter could be resolved. - I discussed the plan with Kevin Martin at Washington County and determined that, although the metthod for protecting the aesthetic anel wildlife value of the area was not clear, an analysis of the affect of the proposed tree cutting on wildlife would be appropriatea ° 8/18/88 - Gene Herb, wildlife biologist with the State Department of Fish and Wildlife; Coy Humphrey; Jerry Offer, Assistant Plancner; and Bob Burness walked the property. Mr. Herb did not have any concern about the removal of the trees, with the egception of retaini.ng some of the dead firs near the creek. Retention of at least three snags was deemed to be imPortant for bircis. 13125 SW Hall Blvd.,P.O.Bax 23397,Tigard,Oregon 97223 (503)639-4�71 �� ... ____ __ � Marten King Page 2 September 8, 1988 ° 8/18/88 - A permit was granted with the condition that at least three of the dead firs remain. In order to address safety or liability problems, these remaining trees may be topped. It is the City's intent to implememt �he Metzger/Progress_Commnnitq Plan as it affeets � ar�as that have beea anaeaed. We also eapect to adhere to its provisions for an inde�inite period, not fust one year as you suggest ia you� � letter. The City will be involved with periodic review of the Tigard � Comprehensive P1.an negt year. At that time, the annexed areas in Metzger will i be included as part of this Plan. I do not anticipate that the City will make 3 anq significant changes to the land uae provisions that pr�seatlq exist under ' the Metzger/Progress Commuaity Plan. When the work on periodic review begins, the City wil.l work with CPO 4. s During this interim period, the City staff is ia a position of implementing ' and interpreting a Plan that tt did not help create (other ttx��i inter-agency caordination). This wi11 cause some confusioa at times, as demonstrated by �' the Aurness si�uation, bu� the staff �ill do its best to administer the � M�tzger/Progress Community Plan as contemplated by the residents and County staff. Please feel free to contact me if you have any que�tions or concerns regarding this case or other planning issues that involve CPO 4 and the City. Sincerelq, . - � � Keith S. Liden S�nior Planner ht/6915D 4- i'.: _ t b, 'r11 ;I tl �� .. � ..� ..k{:� }'! 1 �_ii . . . . . � . � . � � �{"�.. . . � . . . ... . i.,: . . . . . . . . .� . . {�:'. . . . . . . . , . . . . (.; . � � .. �� . . � . .. . � . .'. .. ...�_...�...�.�..5'!� ��:� . .. _._. � � _.�.. .._.._.:�. �::...:.. ........�....�.�. ....:��: . .. _-- ' 4s �. EXTENSION SERVICE � e On Mailing Adclress: Branch County Building �t�}e Courthouse 2448 S.E.Tualatin Valley Hwy. Washington County Uneversity Hilisboro,OR 97124 (503)681-7007 9403 S.W. 80th Ave< ;�� r"� � Portland, OR 97223 ` . jv ,�� ` August 22, 1988 � AU G 2 41988 Mr. Keith Liden C�TY UF TIGARD � Senior Planner P�NN�� pEPT• ; City of Tigard P.O. Box 23397 - Tigard, OR Q7223 ; Dear Mr. Lxden: � On August 1�, i988, at the regular meeting o� CPO-4, Metzger, � discussion was made and cox�cern expressed about the issue of tree cutting an land belonging to Mr. Bob Burness. Mr. Burness' land is part of a specific design elemen� in the Metzger/Progress Co�nmunity Plan (adopted as �art of Washington � Coun�y Ordinances �k278, 279 & 280 on 12/27/83) identified as Area of Special Concern ��10. Specifics of this design element include restrictions on tree cutting. "Development approval shall not permit removal of mor� than fifty percent of the mature standing trees (six inch diameter or greater) unless demonstrated th.at re- moval is necessary to permit develogment of the site at the plann�d density. . . . . .Developm�nt':design and clearing for struc- tures sha11 p�ovide for maxiffium retention of larger trees. " A motion was adopte�d to recommend adherence to provisi.ans of the Plan. CPO-4, Metzger, submits this r�courmendation �eal.izing that, although the subject property is presently within the city bound- aries of Tigard, the annexatio� � is less than on� year old, hence still falling within Washington County land use classifications. ince y s, ; _.`� i arten ng Chairman, CP0-4, et ger ;::'1 - ';� ,' � � . �E��CON��'�"�""�"�� Ayriculture,Home Ec�onomics,4-H Youth,Forestry,Community Development, -��V Energy,and Extension Sea Grant Programs.Oregon State University, ;,a � �E UMted States Department of Agrfculture,and Washington County cooperating. , The Extension Service provides equal access to ali its activitles and progcams. ,?� E..� ��- n. €°� �� I I CEOARCRE.ST � �_ I I I I .I � STREET � ` _ S.W ai . SHACY � z ESTNUT STRt E T � r`t.. a ST. } g W. 1.0�A ; � r. a� � - r E LM WOOC� � N _ w , Sw. BARgq�, 4 . p - --� . . — . �^- � _ � � l-- I .00K STREET � � W � �" v�,�,i • ,°-,.. 2 � ' � � . � � � 'L„ . ;{ STFtEET Q � � UnIMPRbf76A ��GN7.oF-wAy � � S. . V N U � LANDAU I �Q. STR ET �� ,� �—�— �� G1QAV L OA N�T.A.T11+��uG-hi (� . '1 Q a �� ti � � ti t� ° n�. � U� � ST. 3 r ; � P �l MAP�EL EAF STREET � —T— � , Q 4i . � > . z a � z � OAK r � '; , r n � � .; VI f:: � .x �r�� ; � � ' � 9930 S.W. 77th St. Portland, OR 97223 June 1, 1990 Mayor Jerry Edwards Tigard City Council and Tigard Planning Commission �� City of Tigard 13125 S.W. Hall Blvd. �UN 71990 Tigard, OR 97223 Dear Mayor Edwards, Council, and Planning Commission Members: The body of the meeting of CPO 4 Metzger on May 23, 1990, directed its Steering Committee to draft a letter to you regarding our interest in supporting the best camprehensive planning for the future land use in the Metzger area of Washington County and the City of Tigard, specifically addressing the importance of Area of Special Concern �/10. ; We have reviewed the CPO 4 M Community Plan as accepted by LCDC April � 27, 1984 relative to Area of Special Concern ��lU, the letter to then CPU 4 M i Chairman, Marten King, dated Septpanber 8, 1988 from Senior P�annex Keith Liden, the applicant's application - MLP 90-05 and MIS 90-06, as we11 as the appeal and letter of petition of May 22, 1990. Since the original drafting of the CPO 4 M Community Plan, the ongoing development within the encompassed area has proven the forethought in this plan, and especially the safeguar�s described as areas of special concern, to be appropriate and supportive of environmental protection and developmental balance. This has contributed to the maintenance of the liveability of East I Washington County. The Area of Special Concern I110, which includes forested �and along the east fork of Ash Creek and flooding areas of Ash Creek, identifies the importance of mature groves of trees and other natural vegetation to the wildlife habitat and scenery of t'he community. As stated in the design elements of our community plan, "Development shall be designed to minimize the area disturbed". Provisions call for the applicant to mini�ize removal of mature standing trees. "Development design and clearing for structures shall provide for maximum retention of large� trees." We believe that statements in the City of Tigard's letter dated September 8, 1988, to CPO 4 M relating the intent of the City to uphold and implement the Metzger/Progress Community Plan as it affects areas that have been annex�ed, should be demons�ratively applied by yoLr governing bodies. �X ylBl 7` F �. � It is common knowledge that large treed areas, flonding creek areasp I wildlife populations and wildlife habitat within urban areas are being rapidly impacted and des�royed. Therefore, we suggest that a timely '! inventory of the trees, vegetation and wildlife habitat be made and provisions be taken to protect this natural value system and the wooded creek area. With sincere concern, we impiore you each, and collectively, to csonsider our letter herein with all the probity you can muster, ta protect ' this area for the benefit of this and future generations ofc those who wote,ld � benefit by this natural environment. Thank you far yaur consideration. Sinc�rely yours, � � . � � v �� Thomas Q. Smith �ecretary, CPO 4 M Steering Committee TOS:mf cc: Roy Rogers, Washington County Commissioner Bonnie Hayes, Washington County Commission Chairperson Oregon Department of Land Use and Deve�.opmer�� Oregon Department of Fish and Wildlife . _ ��c'`� �SS;oV• , � D"N/� `;,. Q�b`'V��`�-� L111 �p '�jb `"1`' I liv�e in the I�c�us� �n t�� l�t 41 ��, k��t��r� th� f��o pi��e� ��' pr^op�r�.� �r� �re �dis�us�in� thi� e��nin�, �n� ��e tv�� poi nts ��o bri n� up , �1� fir��t p�a�int i� this : This l�n�d h�s �e�n d�sign�t�ed �s �n �r��a �f �p��i�l �onc�rr�, �nd as �u�h I f��l it'� caur job a� the �t��ds of th� l�nd, t� tre�t i�. �rith �pe�i�l �can�err� , This �oe�n't ��m t�o b� h�p��nir�� h�r� �t all , �l�ximum E��loit�ti�n fc�r �I��ir�t�m pr��'it s�em� ta b� the �g�r�� th��'s ��i n� fc�l l ov�e� here� r�th�r th�n �n� of '°�peci�l �c�ncern,° 1�hat kind of Speci�l ��n�ern is being �ho�n �hen this �nvironmentall� �en�itv�, �n� �e�th�tic�lly preci ou� 1�nd i s sub�i�i��d i nta Th� �li ni m�rr��i�.� Lc� a11c�v��d ir� the �ntir� ��t�r �of Ti��rd?'�'� 1n�hat ki�d of Spe�i�� Conern is beinc� sh��n v�hen th� M��If�UM ALL�Vu'�BLE DEN�ITV ir� �ingl� f�mil� homes i� al l owe� n�ar the bott�m �f a �ratershed th�t's h�ome to a biologi�all� di�erse �ildlif� , commun�ty??? � �, .� � ,.. � Tl�i s 1�r�� has k�e�r� ��i�na�ed a� �n �r�a �f Sp�ci�1 ��r��rn, ar�d i�,'� time �,� r��i�� t,h� pl�r�s pertair�ing �a t�� c��r�elop�m�nt �f ��is prop�rt� to r��fl��ct tl��. d��i�r�ati�n , I thi nk i�'s ti nn� t� s�,�rt �r��vi n� �.��t �ur� ��ci�1 �c�ncer~r� i s for th�e 1�nd, t�� r��ic�h,barho�d, �nd �.h� t�ri�in� r�at�ara� cor�munit�r , L��'� f`�rge�. �k�o�t �o�ar �p�ci�l �or��erns ir� th�e prc�fi�rr��king d�p�rtr��er�t ��t �.his �r��ce, �nd ��ut ��r� `" �p��i al ��ncer�ns for �o�ur �r��i ronrr��r�t F I(��T, I sr�°t t��t �vl��t th� �e�igr��ti�n ��" �� d�rr��n�s �s t� d�`� f�� n� p�ir��, is thi� ; Th�e �cti�i�.ie� th�t 1'�� itne�sed g�oing on for the 1��t ��r�er�l ��k� ha�� en gut-v�ren�hin� �nd rn��ddening , Last Fri��r I �ritness�d a l�nd�rader � �r�p�rinc� � ra�� beda �nd in the pr�c�ss,,t,he blad�s o L�,�� , �ncoun�er��d r�c�ts �rithin the drip Iines �of �eu�r�l m��ni�'ic�n'� t�re�s, including a r�re nati��e of th� R��ific Nor�.hv��e�t, the Tri-�olar C�ogwao� , � f��pl�e�, �lders, �nd � p�rticu�arly 1�rge ced�r all �r�cQUnter�d th� �lad�s of��is landgrad�r , �nd as su�h th��e tr�e�� ar�e likel� doorn�d , Accordin�g ta� � �it�r �f Tig�rd dvcum�nt dated 1 -��-��, page 5, p�r�gr��h �, bef�ore an� road apening c�uld = i. �onnm�n��, � p�rmi t� was requi red , � , '�as th��t p�errr�it e�r�er is��aed'� I s�r��y��d tl��e �r�� rhich �r�a� k�la��d, �n� f��r�d n� �er�r�it, "��t �I�� d i s �d�n�e, �nd th� tr��es �re t�� s��lti�� , E�r�n if �� uc�e�d this �evening in re�vi�sing tl�� p�l�n� f�r t��i� praperty to rr��re adequ�tel�y r�fl�ec� �.h� ��ir�s of th� c�mrr�unit,� �nd th� "�r�� c�f` �p�ci�l ��ar��rr�`'�esigna�i�n, �.h��e tr�e�s ar� �still pr�b�bl� ��ir�� ,c� �i� , �, f i re h�s beer� srr�ol�er�i n� i r� � �1�ari r�� i r� �,he f`c�re�t just East of t�ci� �r��rt� , T�,� �E� carr�� c��t ��terday ta i nv��ti c��t�e th� f i re, �� i t �eemed i r� vic�lati�r� �f the ru�� g��rr�ir��g fiir�e� , T��o��e �ic�i��,i�ns �nr�ich th� C�E� �nr�s �cc�r�c�r�r��d wi�.l� �n�cl�d�� ,h�e fir� burr�in� un�t�er�de�, an� th� fire �ur��in� b�yar�d the ? ;�� enin� ��,—�ut r�qui rer��nt, Th�; p�rmi�, Mr , ��rr�� l�� pc��d c�n tl�� pr�p�rt�y e�pired lc�ng �g�, b�ta a�c�cr�r��ir�� tv t�ie L E�, I�e �a� a �ur�nir�g p�rrr�it is�ued b�y '�l�shin�t��an �aunt� t� al l av�r thp burni n� af agri cul tural �rvaste , �in�e this is �l�arly �I�T �nrh�at is b�ing burn��d, tha�, �ermi � i s gai n� �o be �r►ri�.I�dra�n torr�c�rro�v, as I�r , � B�r�n�ss misr�pr�es�nte�d I�is int�en� v�rith �a�f�in�gt�an ; �a�r�t�r , H�'s n�#. b�rni r�g agri�ul tural �rast� ; I��'s �' b��rnin� tr�� nd constr��ctiar� �d�bri� , 3 ; i �i ' ' ;� (w ;I � Tl�e s��r�r �istr�ict ar�d � Tigar� �it�y Er�gir�eer h�av� ' �xpr��ss�d � �r��, de�l �f ��n��rn ab�ut a r`ianhole �rvl�ich �r�s acc�s�� a�r�d left vpen far s��veral �da�s b�r �1r� , B�rn�ss , L�avir�� th� m��l�al� �apen f`vr �e�eral da�s �rith � ladde�r dv�rn to t�h� bvttarr� s��me� to i nvi te di�ast,�r i f an o�r�rl� curi ous �c��r�gst�r~ �rv�uld h��r� �n�countered it, Th� pr��r��e �f a l�r�g� �nder�rvur�� g�s t�r�k, curr�entl� �it�ing �bo�e—�rvur�d, d�ngerously ' � ��r�he� �n a �1 c�p� �u�t ��o�� h� �r�eek, h�s tl�� ' , s��ne �it�y Er�gin��r, �nd anybad�r �rith� � camrr�ar� ' s�r�s�e for �afet�, cc�r�cerr�ed . �� i , � � a t 7 � � t � F I � � � i 1 LI i � �. . �Ir� , Burn�ss se�m� to sho�nr a �allous disresp�ct I�, �h e n i t �c�rr��s t� "�'��r�c� �r�� '��. " H e's �o t � firesa �gr��ir�g, tr�e r�m��►al , pri��te �rop�ert� tr�e�spassing, �n� � ��r�plete l��k of �pe�ci�l �Concern vuh�en it c:c�m�s to th� �tev�r�r~��hip of his 1 and and the n�i�l�bori ng �ommuni t�r , ��ccor�i n�g tv th� �u'��hington �ount��r Fire I��rsh�ll's offi�e, �1r . Burnes� i� �is� under� indictment for� �rson ir� �ca�nnection �nrith � house fire vn this prop�ert�r �n J�r�u�r� 1 p 1 '��'� � D� �nr� ��r� all�v� �n ir�di�idu�l u�hc� �hov�� t��p��ted �isr��pe�t f�r tl�� 1�� i�i�h �a��rn �11 ��' u�, t� c�r�tin�ae this rutl�l��s expl�i�.�ti�n�' ; �11v�ring �,he rr�a�irr��urr� r��nnb�r �f �nits �r� th� minir°r�urr� siz�� pi�c� af land is l��icr�o�s �nd 1 ��n,�,r��r� �.a th�e �,ri 1l �f th� p�e�pl� , �t�p i�, r�o�nr, ; le� se , �h�r� � the 1�n , �ho p g p v� same �pe��l ��on�e�r�n , ; i � � � '1��!t� �``rv�°v�5 f ; �S2� 5�..�-� ��`��'" ` ,� -j"� �� (� �7zz.� � � ` k ! �� l} F �. .. .. . .. . . . . ....... ......... ... .. .. .. ............. .. �� , ��, ��y: AGENDA ITEM 5.2 MEMORANDUM CITY OF TIGA�D, OREGON TOs Planningt Commiaeion P'ROM: Planning Staff DATL; June 14, 1990 SUSJECTs C�A 90-OOt�5 and ZOA 90�0001 Senei�ive Lands The proposed amendments would allaw commun��y recreation usea, utilitiea, and publia support facilitiea to occur wi.thfn �he 100 year floodplain in ar�sa deeignated for r�asidentia]. ueeeo These uee� wauld be eubjeat to appropriate zoning atandarde �nd, in the caee of community recre��ion and �utility uges, conditional uee standarde ae weal se e�snsitive lande atandards. The amex�dment Goncerning community recreation ia n�cessary in order to implem�nt improvement� identified i,n the pa�k� improv�ement levy. Addi.tianally, it will a'11�w nsw ccsnetx�uation of recreation fs�ilities in locationg where they cannot now occur. Certain u�es found in the other two use types, utilf�iQe and public support facilitiee, are appropriate within the flood�lain. Tt is appropriate to make theae chang�s now, Since the conetruction season is nearinc�, it, ie n�cea�ary to move quickly on thie matter. The ieeue will be consi�iered by the City Cauncil at �heir June 25th meeting on an emergency basis. F`;� A $�IBIT "A� POLICIES 3.2.1 �HE CITY SHALL PROHIBIT ANY LAND FORM ALTERATIONS OR DEVELOPMENTS IN T13E 100-YEAR FLOODPLAIb7 WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF TFIE 100-YEAR FLOODPJ�A.IN. 3<2.2 THE CITY SH.ALL: a. PROHZBIT LAND FOItM ALTERATIONS AND DEVELOPMENT IN TIiE FLOODWAY*, EXCEPT ALTERATIONS MAY BE ALLOWED WHICH PI2ESERVE OR ENHANCE THE FUNCTION AIdD MAIPiTENAPiCE OF THE ZERO-FOOT RISE FLf.10DWA3C*; AND b. [PROHIBIT] ALLOW LANI9 FORY+i ALTERATIONS OR DLVELOPME�NT IN TI�E FLOODPLAIN* OUTSIDE 'THE ZEItO-FO(yT RISE FIAODWAY* [EXCEPT A5 FOT,LOWS: WHICH PRESERVE OR ENHANCE THE FUNCTION OF THE ZERO-FOOT � R=SE FLOODWAY* PRdVIDEDs l. [LAND FORM ALTERATIONS SHALL BE �LLOWED WHICH PRESI�RVE OR ENHAN�E THE FUNCTIOId OE' TEiE ZEI20-FOOT RISE FLOODWA:Y*.j THE I�AND FARM ALTERA�ION AY�PD/OR DEVELOPMENT IS__IN _AAi AREA DESIGNATED COMMERCI� OR INDUSTRIAL ON 'liiE COMPItEHE1dSIVE PLAN L1�ND USE MAP. AND FACTORS SET FORTH _IN POLICY 3.2.3 CAN BL SIATZSFIED; OR 2. [LAND FORM ALTEFtATIQI�YS AND DEVEI.OPMENT SHALI, BE ALLOWED WHERE �BOTFI SIDES OF THE FLOODPLAIN* ARE DESIGNAZ'ED AS EITHER INDUSTRIAL OYt CAMMERCIAL ON THE COMPREHEtdSIVS PLAN I�lAP, AND THE FACTORS SET FQRTH IN POLYCY IV.B.3 CAN' BE SATISFIED.] TFYE LAND FORA1 ALTERATION AND/OIt DEVELAPNIENT IS ASSOGIP�TED WTTH COMMUNITY RECREATION CISES, WTILITI]ES, OR PUg3LIC SUPPORT FFACILITIES AS DEFINED IN CHI�PTER 18.42 O� TTiE CQMMUNITY DEVELOPMENT CODE ADTD THE FACTORS SET FOI2TH IN POLICY 3.2.3 CAN BE SATSS�IED [3. LAND FORM ALTERATIONS AND DEVBLOPMENT SHALL BE ALLOFVED WI3ERE ONE SIDE l7F THE FLOODPLAII�Y* I� PLANNEI� FOR' CfJMAfiEItCIAL ADID INDUSTRIAL U5E SUBJECT TO THE FOLLLOWING LIMITATIQNS:] [ (a) THE I�AND FORM ALTERATION OR DEVELOPMENT IS ON LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP FOR C(yMMERCIAL OR INDUSTRIAL USE;] [(b) THE APPLICANT CAN SHOW THAT ALTERATIONS OR DEVELOPMENT IN�O THE FLOODPLAIN* ZS REASONABLE AND N�CESSARY TO BETTER THE ECONOMIC USE OF TFIE SITE,;] [(c) THE FACTORS SET FORTH IN POLICY IV.B.3 CAN BE SATISFIED.] `_. � 3.2.3 WHERE I,AND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN THE 100-YEAR FLOODPLAIN* OUTSIDE THE 7,ER0-FOOT RISE FLOODWAY*, THE CITY SHALL REQUIRE: a. THE STREAMFLOW CAPACITY OE THE 7,ERA-F(70T RISE FLOODWAY* BE MAINTAINED� b. ENGZNEERED DRAWINGS ANDL DOCUMENTATIOPI SHOTM1ISNG THAT THERE fdILL BE NO DLTRIMENTAL UPSTREAM dR DOWNSTREAM EFFECTS IN THE FLOODPLAIN* AREA, AND THAT �HE CRITERIA SET FORTH IN THE SENSITIVE LI�NDS � SECTION OF THE CODE IiAVE BEEPI MET (See FIS September 1981); c. A BUFFE42, EITHER EXISTING OR PLANTED, ON �HE COMMERCIAL OR INDUfSTRIAL LAND ABUTTING RESIDENTIAL LAND WHICFI ADEQUATELX SCREENS THE DEVELOPMEIdT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND 6aHICH IS OF SUFFICIENT WIDTH TO SE NOISE A�TENUATING; AND d. 'PFTE DEDICATION OF OPEN LAND AREA FOR GREENWAY ADJOINING THE FLOODPLATN* INCLUDING FORTIONS AT A SUITABLE ELEVATION FUR THE CONSTRUCTION OF A PEDESTRIAN/BICYCI,E PATHWAY 'WITHIPI THE FLOODPLAIN* IN ACCORUANCE WITH THE ADOPTED PEAESTRIAYd BICYCLE PATHWAY PLAN. 3.2.4 THE CITY SHALL ItEQUYRE THE DEDZCATION O1F ALL UNDEVELAPEA LAND WITHIN THE 100-YEl'�R FLOODPLAIN PI.US SUFFICIENT OPEN I�P.ND FOR GREENWAY PURPOSES SPLCIFICALLY ID�NTIFIED FOR RECREATION WITHIN THE PL?lfi1. * The Floodplai� and Flc�odway, se defined by the F1ood Inaurance Study for the City of Tigard dated September 1, 1981. III 3.3 NATURAL RESOURCES Findinas o Currently, �there are extensive rock and graveY extraction areas located to the north and wes� of Tiqard�s planning area within Beaverton and Waehington County. o There ia one sotive mineral or aggregate resource within the Tigard Planning Area, known a� the Durham Pits, which is operated by Waehingtr.�n County. PQLICY 3.3.1 THE CITY OF T.IGARD SHALL SUPPORT THE EFFORTS OF WASHINGTOP7 COUNTY, BEAVERTQN AND THE METROPOLITAN SERVICE DISTRICT TO ENSURE THE AVAILABILITY OF THE ROCK MINERAL RESOURCES. i ; _ _ i , ,�� i �t::�, �. . ; i i I I 1.8.84.040 Apnroval Standards ' A. The Hearinga Officer shall make findings that all of the following ; criteria are satisfied when approving, approving with conditions, or denying an application requeet within the 100-year floodplain: i 1. Land form alterations ahall preserve or enhance the floodplain atorage function and maintenance of the zero-foot r�se floodway s 1 eha�.l not reeult in any narrowing of the floodway boundary; C 2m [The] [1)Land form al�erat�.one or developaaen�s within the 100-year � floodplain ahall be �llowed only in [an] areas deaignated as � commercial or industrial on the compreheneive plan land uae map[;]1 excevt that alteratione or develoixnents aesociated with communitv recreation usea, utilities, ar vublic supnort facili.ties as defined in Chapter 18.42 of the Communitv Developmerat Code shall be allowed in arese deaicmated residential subiect to applicable zonincx standards; G 3. WherE � land forw �lteration or development is permitted to occur �' within the floodplain it wi11 nat re�ult in any increase in the ;i water surface elevation of the 100-year flood; 4. The land forar alte�ation or developmen� plan includee a t pede�strian�bicycle patlnway in accordance with th� adopte� pedeatrian/bicycle pathwmy p�Ian, unlegs the canetruction af sa3.d pathway is de�mec� by the Fl�ara.ngo Offic�*- aa untimely; 5. The plans for the gedestrian/bicycle pathway indica�e that no pathway wrill be below the �levation of an average annual flood; 6. The necesBary U.S. Ar�py Corpe of Engineers and State of Oregon Land Board, Division of S�ate Lande approvale shall be obtained; and 7. Where land form alterationa ancl/or devslopment are allowed within � and adjacent to the 100-year floodplain, the City shall require the ; de�dication of euffici�nt open land area within and adjacont to the � flondplain in accordance with the compr��xen�3.ve pl�n. This area � ahall include portiona of a aui�able elevatian for tihe conatruction � of a pedeatrian/bicycl,� pathway wfthin the floodplain in ;I accArdance with th� adapted pedes��ian/biaycle pathway plan. � L l � t t �, L y �,. �. 4 � 9 �t B. The nirector ehall make findings that all of the following criteria are eatisfied when approvinq, approving with conditions, or denying an application request for a sensitive landa permit on alopea of 25 percent or greater or unstable ground: 1. The extent and nature of the proposed land forra alteration or development will not ereate site dieturbax�cea to an extent c�seater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground inetability, or otYagr adverse on-site arnd off-site effects or hazards to life or property; 3. The etructures are appropriately aited and design�d to snsure structural stability and proper drainage of foundation and crawl epace areas for development with any of the following eoil conditiona: wet/high water table; hi.gh ehrink-swell capability; compreseible/organic; and sh�allow depth-to�bedrock; and 4. Where natural vegetation ha� been removed due to land form alte�ation ar development, the areas not covered by etructures or impervious surfaces wi11 b�e replant�d to prevent erosion in accordance with Chapter 18.1Q0, Landacapingr and Screening. C. The Director shall make findings that all of the following criteria are satisfied cahen approving, appravinc� writh condit�one, or deny.ixag an application request for a eensitive �a�nds peranit within drainagewaysa 1. The eactent arad nature of ths gropna@ci land form alteration or developm,ent will not create aite disturbance� to the extent greate• than that xequired for the use; 2. The propoaed land form alteration or development will not result in erosion, streana r�edi.mentation, ground instability, ar other adve.rse on-site and off-aite effeats ox hazarde to life or property; 3. The water flow capacity of ttxe drainageway is not decreaeed; 4. Where natural vegetatian has been rennoved due tQ land form alteration or development, the areas not covered by structures or impervious aur€acea will be rc�plsnted to prevent erosion in accordance with Chapter 18.100, Landacaping and Screening; i I I , ; I � ` 5. The drainageway will be seplaced by a public facility of adequate size to aecommodate maximum flow in accordance �ith the adopted 1981 Maeter Drainage Plan. 6. The necessary U.S. Army Corpe of Engin�ere and State of Oregon Land Board, Division of State Landa approvals shalL be obtained. 7. Where landform alteratione and/or d�velopment are allowed within and adjacent to the 100-year floodplain, the City ahall require the dedicatio� of eufficient open land area within and a.daacent to the fLoodp�ain in aGCOrdance with the Comprehensive Plan. This ar�a ehall include partiona of a suitable elevation for the con�truetian , of a pedeatrian/bicycle pathway within the floodplain in accordance with the adopted pedeetrian bicycle pathway plan. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 86-08; Ord. 84-29; Ord. 83-52)