Ordinance No. 79-50 1
CITY OF TIGARD, OREGON
ORDINANCE NO. 79-6n
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY ALVA L. ROBERTS, JR.
D.V.M., FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE i
ZONE DISTRICT FOR A TRACT OF LAND AT 12530 S.W. SCHOLLS FERRY ROAD AND DEPICTED ON
WASHINGTON COUNTY TAX MAP 1S1 33AD, TAX LOT 2400, FROM WASHINGTON COUNTY "RS-1" TO
CITY OF TIGARD C-P "COMMERCIAL-PROFESSIONAL" AND ADOPTING EXHIBITS "A", "B", & "C"
GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE.
i
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been heretofore and f
are now classified as Washington "RS-1" and further findings that pur-
suant to prescribed procedures, the abovestated application for a zoning map amend-
ment was heard in a public hearing held by the Tigard Planning Commission on May
15, 1979, and all interested persons were there and then afforded an opportunity to
be heard, and thereafter the Planning Commission filed its report and recommended }
approval with the City Recorder, a copy therefore hereto attached and by reference
made a part hereof, the Council adapts the following substantive findings:
A. That the applicant is in conformance with the Commercial-Professional
designation of NPO #7 Plan, and
3
B. That the proposed zoning is compatible with the surrounding neighborhood.
SECTION 2: THEREFORE; pursuant to the requirements of Chapter 18.88 of Tigard
Municipal Code, the applicant's request for an amendment of the Tigard
Zoning Map of 1970 to zone those lands- described in the attached Exhibit "A" for �
f
Commercial-Professional (C-P) use is hereby approved subject to the provisions of
Chapter 18.40 (Commercial-Professional Zone) of the Tigard Municipal Code as em-
bodied in or exhibited by the documents submitted and identified as follows: '
Exhibit "A": Legal Description
Exhibit "B": - Staff Report
Exhibit "C" Site Plan
And further subject to the following conditions:
1, That an acceptable ;sewerage system be provided conforming to state,
county and city regulations. r
2. That construction and drainage plans be submitted and approved by the
City Engineer and Building Departments prior to issuance of building
permits.
3. That the applicant receive site design review approval for landscaping
and site plan. i
ORDINANCE NO. 79- _
zC 14-79
h>a
i ti
4. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
5. That twenty-five feet of right-of-way be dedicated to the State
along the frontage of S.W. Scholls Ferry Road.
SECTION 3: This ordinance shall be effective on and after the 31st day after its
passage by the Council and approval of the Mayor.
PASSED: By /j ao 0')1k"o us vote of all Council members present
this ,...2-5' day of 1979, after being read two
times by number and title only.
Recorder - City o Tiga
APPROVED: By the Mayor this ch day of ti. C `1)e , 1979.
Mayor - City of Tigard
PAGE 2
ORDINANCE NO. 79-_r(')
2C 14-79
Mti
s
tea a�t� St�',}; '3 .�i�1FS71�10p13����A i �L'� Q.�P�, r -'..A. f _. . .. •�1 }.�+r
"iii v? '�.t .� +9�•�,} 1l/a.ff�v � - c.
�f _ e'# 7"LXi..iS-�((. _-Y_...lbt!{MtittWl«at�Maf1 .+ek�.�e t+v.w►-.. ,.,.,«...� .�• M ^^ '�.�
J 1
It I
.� tow"Cl—m"MAN
_A �. ► sa ` liaw tr. Ocalslkr.P►l�nbersd:ar ttif��r' b.�..,t. t
I �a rw/ _ :A e►d !s!d_x•.../ !sS !.�!.t ! N temmaics a * ',
<{ s a 3 ` _�k TAtIs'.s10lt 3>Z q ►3�Mtsialp .. _.- -. heruntlter capdd tho bupot, F:. i d
1
ya aaa4
Fr Y-, y",r�' Q iY/7 N $JCPII•riW ds argiditft t of tM mutud�monann&d a4mo watt h mn c mt.,*A
r* W `' tO em wa+eb the etlat an4 rho buyer a+tees to purchaw from rho willr all of the tor/owitte
da. �
f { r '� at7oi8ed hMaflt'lnd p i9 sittesload fn .*rift.T.On ••,wrap Ststn d '-V'j g`m ro-wi0:
E fr ;l\� µl1 Of t!^ah t�arti3lt trios'of rel. pt•npct*C; w{;italtad U-1 '-urian 33; '� fi
a ' ? h1v 1 Sew-s, Runge 1 4taalc oP aha a it lis urate @5asr11 LK n bounded and '
dseaftosd as follows, to-ants ,r
BeeumdAsy at an -iron gaps 861 foot North Simi 21 feet bloat of tr* one—
s;. q=rter cM"W bGtw"n Seances 33 and 3.+, jrwnahih 1 0cxttri, jano7a 1 Xwtfl'
thtaao West 240 feet to an Iron Pipal trrfnce ttortR Fa:allol +ritA the East
qtr lisle Of said 3aetion 33, a distance of 233.25 feet to an Iron pi;e in fess
30 th Leff oY t`te Schallo Ftrry do. acad No. 3't8, then��r art 7;' Feat
slesng ti}a South line of said Scholls berry noad, 2"4,53 Peet to an iron
pSMt trtaasea Scuth along t;V West aide of t!-.At certain PUld which is ,
E ail° I WaSafm and recorded in Took "U" pejo 3J , records or tOn
QRienv and is 20 feet Feet of and «
�saral�el wi,h tine $ddt lire of s314
Section 33, a distance of 2x;5.3 feet to the place o; ::e`innin;.
/ I
one hundred twee= rhouaand and :so/1CO 120,tJC7.
for am sum ai �. pollara (" .
'�c �d•`!*s (hr-mdmmkor aided the Purcham Prior)on acrmm of which t'�lent: �f.�.7@ th4Ct3.1n andnOfl
d ' i 4 I� ... Doltae (�� ,:UU.A )/y paid on tho execution hereol(aw reotipt at w, is :3,
3 I, Y wltno.►kdgmd by the aedler),and th,remainder to be paid to the order od the ael;er at tM times and in r
a.: amounsa as"hmm,to-wit:
Mcnth1Y imtall=frta of ,733.25, the first installment baix- dee and
P, � 1I`i payable ono iia from the data ::ereof and a lil= i^stallmeMt an the
ssM dip ofeach and every month thereafter u^'stil all etum 04111; hereti.• •
undar terve beer paid. y
{k� (a)—am wOrero.. (Are J few..arw Y•A.1 s For tw.eraA v....Aral R+r/mr rM aLA y,oewr,gJMwO,��r��.a.
as r-d—h—Pm0 AOI b lAl r A>•far:va lily a.P®rA v/rd p.e.a.r PrP o.ri Acv ir•r.w n Pae rr r. �•::J i '
✓�r,y5 P��jr�.[!� �w�°�ryT�A Oso iw iv P1.srAl fs Iw.•0l fr.«n W A r
the date �.ruw..,mr+pJwt 6.
1 : Tae hsw,•e.w rerfd m IAro®,O r Oad la,do r of "TS �I erI.aro rri-Orr.A F.ea A
t r r.r A d.Pe.a_ n.fwew w,a.rrr..e rt».•........«.Par r w r errs/
.r.rdet.o!wl A.drw...d.e.o..r rix ere.+h«rar•arr...«...war..rae.®P: inA^►r r:�r°i:�":rw..s...,«�a.w.a a„�wv..
��k�` ."'°°.r o;raw r�.�,.:u tau..M..�w',alr.wW m.tr��f"'wt a w"°"�...a,•.f.., .w a.era,ii a:r��_ I y�
..+/oalN wn►.Parr.n,m..rrr ., ..e.m..n..rm+r,ew.,Ir.•aA rose r.+
iw��,.�1 leoerh Mrear tM.oro w M fort rF•reW bonooe
k' � ' ..� �e�yy.,•.r erI "'�:•e.gNw}yI re Par amr...ra ter fwmy.eine ro r4.Wfw rd rfe.e r w error A
ores fMn mM 4#yrd.N.er J le.e.eeer w.0✓r0 aA aw
.off Aria,.
_715
. o soli osI rm+aa.worn ra. w.w w..d.nr aO.n..+u w..d•.MN n..ier
• '�'&... .r .J W vtl.r..sew.arwea r wwwr. rs r.�..w.'br..vo...r r PM iw w++.4.aOr.saw.,frw.w.r we riBb.AN s
Tlw e.1fw.Nor ✓!f0 r 1.+. 9N: d+Y•hm.Na Aw Lrr1.Fr edl herr.-PPA Mw.rrl..+AwO Aiee i. �j
Cf {�Y�oY�•r•,'v4 B �n.AAAr®Ap NO,w r� ora. r�rraW irf.w ad ry.rl nrrraw r es Wiia w rr rwweAf ro tar a+r u1 u.e NAs+4
L"7 +e '� uJ ro /Wesrerf.d•wW�.«Od tti aee4PM.fed maw...e m M rwa.sr J N rasrd.J Scow.F.r.r..rr Par ad.n !� ;
5 aro W dOe!..000^'sear sr rn•eeef•r«Par Ao,w' rvs
_=,A
w..r reros r l dsd mneeY,q rl .
eA. eu®ieAl.,Oa 3'
y"' {st nA.„'�r„t•....,ne m.el a.. twee w w,r.af... wa
,
, i.aoae o..cror...rrwr.r,n.iA.e.e..Awet
L ..,kk � FSI dvpw m AOeaad 1Y rle beew r/1YerM• .u.' aI ISe a0,'w b a+O.eni.e,
C? t¢�., .,y,£ � l�..YAra aw nreawl r•
]`rll y- Mw b,lODe E�M4 Or YP00.v0.'eYPYvAo/1�Al aY10w.w _ I
S£� F ��e+�f"'�" ��.a r+.rvA.101ad Y b 7eW.�..lgep As rl iyYsa 2,�ee��•weir, A.Poor-e.Aar.bd� 1 .
t•• a�S � _ O'elra rs f,rraodmr arw na uet w cis w PWA!.mw sed errs.wr ere ro Ne, deer w.e+a+a1.p..tN^i:r cirri roll«-.:
7
d ``1 TE FGOF
STA
.$ +— O AOR
1
Oo+•'rKT of
yfifi
1099 R. f certify the tho aitfae;is6s. •Y
'rY �....
ch ptar�y R$e urea .rev r+owr dd for rte.cal•/fa•* tib
� � Vie: � .._� >t•._�{_.__ ��. ��i r�i� 1� r"9'• t.... ��v'�
'�'r
}p,�r � -11
� _.a�s�dr-_� ��� ;i s . ..
-ft...ladws�.ewwmebdessm,iteee.siq.pp.f,..
f l MR-1
-+..�L.w
t i,C s 'r l Mi.eZ d Oe @i �.e.wvosnir•� r•ywr _ - ..µ• k�. r "'7 I
,i+,.a ' �k .,.g ay '�f�-.s�t '{"++f?'�!.e��tq +'',� .,}A ti• t _;; E �", �
r
.�_.--..-... '• mM Parr,,sar...e.;,,: '.r ,
n
.frY1.0 c
i, l
r STAFF REPORT '
AGENDA 5.7
TIGARD PLANNING COt•L'•IISSION '
bIay 15, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Paotn
10865 S.W, Walnut Street -- Tigard, Oregon
Docket: Zone Change zC 14-79 (CU 7-79 and TU 1-79)
Rob Jr., D.V.M. Owner: Lee Cunningham
Applicant: Dr. Alva L. 12530 S.W. Scholls Fry Rd
12530 S.W. Scholls Ferry Road Tigard, Oregon 97223 ,
Tigard, Oregon 97223
Application Date: b]ay 1,
1979
Site Location: 12530 S.W• Scholls Ferry Road (Wash. Co. Tax Map 1S1 33RD,
Tax Lot 2400)
anenafrom
awash.
1.38 acre parcel,City of Tigard C-P
Request: For a zone map
,commercial Professional"
l 17, 1979, the Planning Commission approved the re-
previous Action: On Apri
quest by Dr. Alva Roberts to operate a Veterinary hospital
on a portion of tax lot 2400. On May 1, 1979, the Planning
Commission granted Dr. Roberts a six month temporary use per-
mit from May 1 to October 1, 1979. Dr. Roberts and 14r.
Cunningham are seeking a zone change to conform in-pact with
the conditions placed on the conditional use permit.
I. Findings of Fact:
1. The subject site is designated "Commercial-Professional" on the
NPO #7 Plan.
2. Applicable policy's from IPO #7 Plan'. "Site and Supportive Services
ercial-Professional"Sites-Policy 18(p.7)
Improvements"-Policy 17(p•7) "Comm
3. The site is adjacent south of Scholls Ferry Road. There are four
structures on the site. Two of the structures nearest Scholls
lic
Ferry Road
will
be used and thy the app
ebother structure• estructure
willbeused for Office
used for storage
and hospital use. The site is relatively flat.
4. To the west and south of the subject site is the Summer Lake
0
Planned Development- To the east is open space designated on
the NPO #7 Plan as commercial-professional. To the north across
Schools Ferry Road are single family units in the City, of Beaverton.
5. Sewer and water services are available to the site. The site
presently operates on a septic tank capacity.
ry Road is a state highway and it will ser-wre
6. Southwest Scholls Per
as the primary traffic carrier to the site.
STAFF REPOr��. F +
AGENDA 5.7 ';
TIGARD PLANt7ING COI-Q-ISSION v
May 15, 1979 - 7:30 P.M.
Mage 2
11. -Conclusionary Findings: ' .
I- The applicants request is in keeping with the designated NPO ;,7
Plan for commercial-professional use.
2. The Oregon Department of Transportation (ODOT) has stated that the
requested use will not create an adverse traffic problem to S.W.
Scholls ferry Road.
3. The buildings on the site are presently served by a septic tank
system. Therefore, an inspection and testing of the systemmustbe completed prior to issuanceof building permits.
III. Staff Recommendations:
Staff recommends approval subject to the following conditions:
1. That an acceptable sewerage system be provided conforming to
state, county and city regulations.
2. That construction and drainage plans be submitted and approved by
the City Engineer and Building Departments prior to issuance of
building permits.
° 3. That the applicant receive site design review approval for land-
scaping and site plan.
4. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes'
are approved by that department. Application for changes will be
made in writing and shall include appl<cable drawings, engineering
specifications and other details requested by the department. No
E construction shall •take, place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the imine-Date posting of a stop work order on the project
or any portion of the project.
5. That twenty-five feet of right-of-way be dedicated to the State ' .,
along the frontage of S.tI. Scholls Ferry :toad.
Report prepared b : Kexrtelb
_ Y Y Reviewed by: Ai,d°e ' ward. i
Associate City Planner A n ng Director
I
.F
;4
lr
YT IS R I W W. :�, is
GREGON
s
ap 1422 O•'�99 X 4),16 }
100
✓� Q� '" t��1 2030 p
300 ',►�► 24 ~ Cn
r•�' 400 u 23
00 �� .33
0' ♦0 _
a`-
o �
600 1 21
1
700 ' 1
9 20 C :y
Is
T''23 Tq 5159 y r o
ci.. 2600
.13 Aa
2400 .
ak. ® e.
aeI.38AC.
. te,
x• 11�i� 2500
51
` _I �..
a 06'r�.
. 0"`5�
'7& /o s 7? I SEE MAP
IS I 34B
Z40 I
a .2601
250! ••
,At,, aot afs, 'gt., cv.n.
13535 S.W.HART RD.
BEAVERTON,OREGON 97005 ,
Tal.CPHOUM 646-7081
r!ay 1, 1979
Tigard Planning Commission BE: Zone Change
Tigard, Oregon Tax Lot 2400
Washington County Tax Map
This request for zone change is being requested in accordance with
NPO ##7 zoning plan' approval of same by Tigard Planning Commission,
Tigard City Council, and in accordance with the comprehensive plan
of Washington County.
It is hereby requested that this parcel be zoned as Commercial Professional
at this tine.
Sincerely,
-04
G►6 �
Alva L. Roberts, r. D.V.M.
y
ALR:mx
MINUTES ` l
TIGA?D pLA ING C=4IS5ION
May 15, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
President Tepedino OPENED the meeting at 7;33 p.m.
ROLL CALL:
Present: Bonn, Funk, Kolleas, Herron, Smith, Speaker, Tepedino, Wood. _
Absent: Helmer
Staff: Howard, Selby
The MINUTES of the May 1 meeting were considered, and corrected as follows:
Page 1, fifth paragraph, last sentence corrected to read: "It was agreed e
that Provision C as written duplicated Provision A as modified."
Page 2, last paragraph on Agenda Item. 5.1, last sentence corrected to read:
"The motion was seconded and passed, with Smith and :food voting no."
Page 4, fourth paragraph, second sentence, the word "negotiated" should be
"negotiate."
Page 5, Agenda Item 5.5, first paragraph, last sentence should read: . "A
temporary use permit was previously granted for 60 days from 3/19/79 '-- 5/17/79
by the City Administrator." (Underscore indicates .the correction.) The Presi-
dent then entertained a motion for approval of these minutes as corrected, which
was seconded and unanimously carried,
There were no COMMUNICATIONS to be heard at this time.
The President OPENED the public hearing by reading the usual notice refer-
ring to the Ordinance giving authority for the procedure to be followed.
5.1 Zone Changes ZC 15-79, 16-79, 17-79, 18-79 NPO #3,6,7
A, request by the City of Tigard for zone map amendment from 'dash.
Co. RU-4 to City of Tigard R-7 "Single Family Residential" on the
fo__lowing parcels
Tax Mag 2S1 11C, Tax Lot 1800; South of Sattler 5t. 1 east of 100th Ave
2Sl 11BD, " " 316-6; N. of S.W. Murdock, E. of 100th Ave.
2S1 11BC, " 1000 & 1700; E. of 103rd, N & S of View Tern
,M
Court
06 2S1 10A, " " 3100, 3101, 2501, 2602, 2201 and 2607; N o }r �'� t
Bull Mountain Road E and ra of 114th Ave R
f. xiL
ie n 2S1 3BA, !e it 140-30, 141-31, 139-29, 101-01, 102-02,
03, 900, 1002 & 1000; S of Katherine Stree�,r
and E of 121st Stre
. s
e .
.'IMUTES ;
TIGARD PLANNING CO*1ISSION �
may 15, 1979 - 7:30
Page 2
Tax Map 2S1 3BB, Tax Lot 6600 and 6700, N of Walnut Street and W
of S.N. 121st Street.
2S1 12B, " " 2700; South of Bonita, East of 81st St NPO #5
5.lb A request by the City of Tigard for zone map amandment from Wash. NPO #3
Co. RS-1 to City of Tigard R-30 "Single Family Residential" on a
2.40 acre parcel, located N of Bull Mt. Road and E of S.W. McFarland
Blvd (gash. Co. Tax Map 2S1 IOBD, Tax Lot 100).
5.1c A request by the City of Tigard for zone map amendment from Wash. NPO #3
Co. R-30 to City of Tigard R-30 "Single Family Residential", locat-
ed S. of S.W. Gaarde and E.. of 125th Street (;Nash. Co. Tax Map
2S1 1OBb, Tax hots 700, 800,900,1000,1100,1200,1300,1400,1500,1600,
1700,1800,1900,2000,2100,2200 & 2300) A11 the formentioned lots are
within the Hazeltree Subdivision Development.
5.1d A request by the City of Tigard for zone map amendment from Wash. NPO #3
Co. R-30 to City of Tigard R--20 "Single Family Residential", locat-
ed N of Bull Mt. Rd and E of 117th Street (Wash Co Tax Map 2S1
10BA, Tax Lots 2400,2500,2600,2700,2800,2900,3000,3100,3200,3300,
3400,3500,3600,3700,3800,3900,4000,4100,4200,4300,4400,4500,4600,-
4700,4800,4900,5000,5100,5200,5300,5400,5500,5600,5700, and 5800) .
All the formentioned lots are within the Shadow Hills Subdivision
Development.
Howard described these zone changes as a housekeeping measure, then read
the STAFF REPORT. There was no PUBLIC TESTIMONY. Howard then read the STAFF
RECOMMENDATION.
Commission Discussion: Wood MOVED and Speaker seconded approval of Zone
Changes ZC 15-79, ZC 16-79, ZC-17-79, and ZC 18-79 based on the Staff Report
and Recoamcendation. Speaker asked for a map identification of certain tax lots
not so Labelled in the reproduced maps supplied, responded to by Staff. He
then questioned the cost, if any, to the City by reason of the development of
these parcels to County standards, which do not include sidewalks and subsurface
drainage. Staff responded that the cost of such improvements would not be borne
by the City. Smith inquired whether any of these parcels might fall within
sensitive lands. Howard replied this had been considered, but that none so
qualified. Thereupon the motion passed unanimously.
•.� r4 f"..'�'{7 aye..
5.2 CPR 2-79 (The Robert Randall Co.) NPO
A request by the Robert Randall Co. to amend Ne .ghborhood Plan-
ning Organization ##5 Plan as it is applied to a 9.16 acre parcel
at 9755 S. T. Bonita Rd to change the need for a "Spine Road" to
intersect S.W. Bonita Rd at S.W. 79th (Wash. Co. Tax Map 2S1 12B,
Tax Lot 401),
{
MINUTES
TIGARD PLANNING CO;'•MI3SION
May 15, 1979 - 7:30
Page 3
Selby indicated on the wall map and an aerial view of the area the
location of the property, the present streets, surrounding land uses, general
topography, development now taking place, and the proposals for the intersec-
tion of the spine road with Bonita Road. He reported that Bonita is now carry-
ing approximately 200 per cent of the traffic which its present condition
warrants. He pointed aut that the original. NPO Plan had the spine .road connect
with Bonita through property that is currently being intensely developed. with
the approval of the President he then outlined the 'location mandated by the City
Council, wh _ch is the Staff's recommendation, and the reasons therefor: (1)
Bonita Road is already overloaded; (2) the most efficient entrance into an arterial
is opposite another road; (3) the continuation of the spine road to Bonita as pro-
posed by the applicant is obviously several years away, since the owners of the
property over which it would pass have no intention of selling, thus enforcing
use of a temporary entrance onto Bonita for an unduly prolonged period; (4) he cal-
led attention to the mandate of the NPO #5 that developmnt should not take place
until public facilities are adequate to handle the burden imposed by development.
Wood summarized the options discussed, to which Selby added as a possibility
the realignment of 79th in order to make it meet the spine road somewhere else.
The north end of 79th is currently vacant on both sides of its intersection with
Bonita.
i
Spencer Vail, Planning Consultant, 4610 S.W. Belmont,. Portland, gave the
APPLICANT'S PRESENTATION on behalf of Robert Randall Company, He reported that
on A;pri1 5 there was a meeting with NPO 5 at which no objection to the applicant's
concept was voiced. He dicussed a meeting in February with the City Engineering
staff at which it was brought out a Tee intersection is acceptable to the City if
it is at least 150 feet away from mother intersection. He stepped to the wall
maps and explained various alternatives, giving developers' approach to each. He
outlined the Randall Company's request on the map.
.food questioned the timing of the extension of the spine road to Bonita
under the applicant's proposal. In extended discussion Vaal dial not give a
direct. answer, but felt the Randall concept tied in with the improvement of
Bonita some years hence.
Selby responded that the two parcels ouez which the Randall proposal for
the spine road would pass are not awned, as Mr. Vail inferred, by developers; at
the present time they are owned, as Mr. Vail inferred, by developers; at the pre-
sent time they are owned simply by landowners. Secondly, the NPO #5 meeting to
which Mr. Vail referred was attended by only one man, who lives near the south -_
end of the NPO, and he had little interest in the details of development along
Bonita.
PUBLIC TESTIMONY in opposition was given by Pauline Weaver, 7865 S.W. Bonita
ff �_
ILtNUTES
TIGARD PLI.4"NING CUNMISSION �.
;lay 15, 1979 - 7:30 P.M.
Page 4
Road, owner of all the property over which the various alternative of the spine
road as proposed would pass. She objected on the grounds of destruction of large
fir trees; leaving her with unbuildable land in the floodplain should she desire
to develop in the future; adverse topography for an entrance onto Bonita. Besides,
she does not want to sell.
Lawrence ;-leaver, same address, described the topography, which wades the
applicant's and the City's proposal for entrance to Bonita impractical. He sug-
gested a road through the applicant's own property would give good access, with
excellent visibility.
The President called for the Staff Recommendation, even though the Staff
Report had not been formally presented; it had, he felt, been adequately covered
in the preceding discussion. Howard read the.STAFF RECOMMENDATION for denial of
the applicant's request.
in REBUTTAL Mr. Vail characterized his proposal as the most realistice
approach to the problem.
COMMISSION DISCUSSION: Speaker asked why the spine road should not go
through the east side of the applicant's property. Mr. Vail stated that: would
result in an intersection less than 100 feet away from 79th, which would be un-
acceptable from the City's standpoint, and would make the radius of the spine road
too tight. There followed extensive discussion among Wood, Vail, Selby and Smith
on turning radius and entrance to Bonita, including the possibility of realigning
the 79th Street entrance to meet the spine road. Smith suggested a Tee off the
spine road to serve areas to the east.
Kolleas MOVED for denial, based on the staff Findings and Staff Recommenda-
tions. Speaker seconded. Wood summarized reasons for denicil of the proposal as
submitted by the applicant--the only proposal on which the Commission properly
could act. The motion for denial passed unanimously.
5.3 and 5.4 were withdrawn and removed from the agenda.
5.5 NCU 1-79 Fred Meyers Home Improvement Center NPO n4
A request by Jensen, Krause & Schoenleber Architects & Planners
to expand upon a non-conforming use in a C-3 "General Co.maiercial"
zone at 11565 S.W. Pacific Highway (wash. Co. Tay. Map 1S1 36AC, '
Tax Tats 3400, 3401, & 3600; Tax Map 1S1 36DB, Tax Trots 102 & 201)
.i /• �+.pi
Notes Commissioner wood withdrew from participation in the hearing of ,
this agenda item because of what at some time in the future might be considered
•
a COnzliaz of 3iat-reser
�c.cGaa... '„ �`
Howard read the STAFF REPORT.
MINUTES ,
TIGARD PLANNING COMMISSION
may 15i 1979- 7:30 P.M.
Page 5
The APPLICANT'S PRESENTATION was given by Norman Drause of Jensen, Krause
and Schoenleber, Architects and Planners, of Portland. He approached directly
the Staff Recommendations:
1. He advocated trees be placed 35 feet on center instead of 25 feet as
recommended.
2. He agreed the landscape island on the south side of the main entrance
might well be enlarged, but he urged retention of the more southerly
right turn route through the island, stating this scheme works well
in other complexes of the company.
3. Maintenance of the landscaping would be accomplished through a land-
scape maintenance company.
4. He saw no problem with the bus shelter at 71st Avenue and Pacific High-
way.
S. He stated the ingress-egress .at the southwest corner is shared with
a filling station. He felt prohibition of left turns from the parking
area would be logical, but that left turns into the complex were rela-
.� Lively nonhazardous because of the platoon effect of the light at the
y' main entrance. He .felt to prevent lefthand turns into the complex would
be very-hard to control, and could work a hardship-on the service station.
PUBLIC TESTIMONY in opposition was presented by Helen Schubert, 7303 S.W.
Spruce Street, who raised the question of why a parcel zone%, R-7 should be used
r parking- and commercial uses; there is no screening, as called for by Code, for
residential areas; the intersection at 72nd and Spruce Street is the site of numer
ous near-accidents; employees in the complex park on residential streets rather
than on-site, and block access to mailboxes, contrary to postal regulations.
The STAFF RECOMMENDATION was read by Howard. At the President's request
he addrssed the objections raised by Mrs. Schubert: the screening will, be handl-
ed in site design review; the parking in R-7 zone can be corrected through a zone
change; one stop sign may be placed at the intersection "of 72nd and Soruce, but .
the property to the north: is in the Couxty, and the City has experienced difficul-
ty in corking with them on such situations, but the City will try; employee park-
ing ;paces be designated for employees only; and the postal people and possibly-
the
ossibly the police will check on the obstruction of access to mailboxes,
COW ISSION DISCUSSION; Smith raised the R-7 zoning issue: that Fred
Meyer is essentially using residential land for parking purposes. He also ;
objected to the 7 per cent landscaping versus 15
7 P- P� q per cent called for by present
ordinances, stathrng that if parking in accordance with present Colo wotld and„Ce,..
MINUTES
TIGARD PLE NXING CORNISSION
May 15, 1979 - 7:30 P.M.
Page 6
parking to an inadequate level, the property is overdeveloped. Bonn proposed
prohibiting left turns from the complex at the southwest exit, and suggested more
landscaping to relieve somewhat "the sea of asphalt". Funk believed the right-
hand turn at the main entrance should be permitted, contrary to Staff Recommends
tion 2. Speaker favored this being permitted, but suggested the landscape island
be enlarged in a rectangle rather than a triangle. He expressed dismay that 60.2%
of the site is covered with asphalt for parking, but recognized at times all of
it is needed.
on being asked by the President, Smith declined to make a motion, since the
only one he would make would be for denial., which he felt would not be seriously
considered. Bonn then MOVED for approval of NC 1-79 based on Staff Findings and
Recommendations, but with changes in the Recommendations as follows:
1. That trees along Pacific Highway be placed 35 feet on center.
2. That the landscape island on the south side of the main entrance
be enlarged, while still retaining the right turn lane as proposed
by the applicant.
3 and 4 as recommended by Staff.
5. That left turns from the complex at the southwest exit onto the high-
way be prohibited.
6. (added) That the applicant apply for and receive a zone change on the
R-7 lots within the complex before building permits are issued.
Kolleas seconded, and the motion carried with Smith voting no and Wood
abstaining.
The Presdient declared a five-minute recess at 9:15 p.m.
5.6 M 4-79
A request by the Summerfield Homeowners Association for a vacation NPO #6
of common area to-divide equally between the adjacent property
awmers of tax lots 7600 (Lot 581) , 10101 (Lot 556) , 10200 (Lot 555)
and 9400 (Lot 582). The two common areas are 10 ft wide each and
are 52.42 and 69.10 feet long (Wash. Co. Tax Map 2S1 11DC, tract Q).
Howard read the STAFF REPORT. .john Adams of Tualatin Development company
made the APPLICANT`S PRESENTATION. He explained that the original layout did
not show these -ten-foot accesses to the golf course fairway: that through a
mistake they were included in the layout on the ground; that Tualatin Develop--
ment Company currently holds 'title to them, never having deeded them with other
property to the Summerfield Civic Association; and that it was now their desire
MINUTES
TIGARD PLANNING COIDIISSION
May 15, 1979 - 7;30 P.M.
Page 7
to give deeds for these two parcels to the four adjoining property owners.
There was no PUBLIC TESTIMONY. Howard stated the STAFF RECO2,MENDS approval.
COMMISSION DISCUSSION AND ACTION; :flood MOVED for approval based on Staff
Findings and •Recommandation, seconded by Kolleas. Several clarifications were
made on questioning by Speaker: that the applicant is property Tualatin DeveloIpa
ment Company rather-than the Summerfield Civic Association (listed -in Staff Re-
port as Summerfield Conference Association); that the request is not to divide
these parcels equally between the adjacent property owners, as stated; and that
it was the Board of Directors of Summerfield Civic Association rather than the
"Homeowners Association in Summerfield" which voted to vacate these parcels.
Speaker also asked if it would be practical for TDC to restore corner stakes, which
apparently were destoryed in the construction process. It was agreed this would
require a survey, which is not inexpensive, and would be of no benefit to TDC. Mr.
Adams pointed out that the description of the deeded parcels would be by metes and
bounds, which should be adequate for practical purpuses, now that the property is
fully developed. After some further clarification of various points the +notion
passed unanimously.
5.7 ZONE CHANGE ZC 14-79 (Dr. Alva Roberts & Lee Cunningham) NPO #7
A. request by Dr. Alva Roberts and Mr. Lee Cunningha-a for a zone
i,ap amendment from wash. Co. RS-1 to. City of Tigard C-P "Com-
mercial-Professional" on a 1.38 acre parcel, located at 12530
S.W. Scholls Ferry Read. (Wash. Co. Tax Map 1S1 33AD, Tax Lot 2400) ..
Howard read the STAFF REPORT. Alva L. Roberts, Jr., D.V.M. , in his
APPLICANT'S PRESENTATION gave the background of the request (this action is in
the nature of unfinished business). Howard read the STAFF RECOMMENDATIONS,
COMMISSION DISCUSSION: The only question raised concerned the sewer
situation, which was answered by Staff. Thereupon Wood MOVED for approval of
ZC 14-79 based on Staff Findings and Recommendations. The motion was seconded
by Kolleas and passed unanimously.
Under OLD BUSINESS the President stated he had written a letter to individ-
uals and agencies concerning the authority for Unified Sewerage Agency to construct
sewers, pump stations, etc., in the fjoodplain: Ia believes even public agenclas
should come before the Commission for permission. He called attention to a sewer
pipe on the Fowler School grounds across Summer Creek, laid in such a manner that
the pipe is about a foot'above the bottom of the creek and at right angle to the
creek bed. Examples of poor workmanship on the part of USA were cited. Legal _
aspects were explored without resolution, the question being whether USA is sub-=
ject to the Tigard Municipal Code. The President urged an opinion on this be
secured from the City Attorney. Howard agreed one would be requested by Staff. "
MINUTES
,.Jay 15, 1979 - 7:50 P.M.
Page 8
Toward reported that a suit has been filed against the City and the
developer on the decision of the site Design Review Board not to allow the move-
ment of the recreation building from the interior to the perimeter of the
project. He reported on the action at the City Council on the Way Lee-Hi Hat
Restaurant access-parking situation and -Uie possibility of a suit against the. .
city on that matter.
The draft Sensitive Lands Ordinance was dsscussed. Howard explained
corrections of typographical errors to be made and relocations he had made,
and additions required because of inadvertently omitted material.
Wood and Howard worked out a slight modification of the density provisions
of the draft Planned Development ordinance. It was agreed the draft Sensitive
Lands and Planned Development ordinances as discussed should be sent to the City :r
Council as the recommendation of the Planning commission to the Council.
Smith inquired what happened to the smaller-lot ordinance at the city
Council, responded to by Howard and discussed in some depth among the Commissioners.
NEW BUSINESS: The matter of the timing of the reading by Staff of the
Staff Pecommendations was brought up by wood. It was the consensus that unless
there where circumstances which wuld mane the procedure appear unwise in a par-
ticular situation, staff would read the Recommendations immediately following.
the Staff Findings end before the applicant made his presentation.
The President declared the meeting adjourned at 10:20 p,-m.
z �J'6