City Council Packet - 12/08/1975 REGi3_:AR MEETING
DECEMBER S, 1975, 7.qo I? I.
FOWLER JUNIOR HIGH SCHOOL,
LECTURE ROOM
AGENDA.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
5. CONSENT AGENDA (All matters under this heading are considered to be routine by the City
Council and will be enacted in one motion in the form listed below. There
will be no separate discussion of these items. If discussion is desired
by any Council member or member of the audience, that item will be removed
from the Consent Agenda and will be considered separately)
a. Approval of minutes - Regular Meeting November 24, 1975, Study Session December 1,
1975
b. Receive and file WRITTEN COMMUNICATIONS
From Norman Hartman resigning from Planning Commission
From City of Lake Oswego re: CRAG Goals & Objectives
From League of Oregon Cities re: Revenue Sharing Reenactment Campaign
From Wash. Co, Traffic Safety Committee re: intersection of Pacific Highway
and Beef Bend Road
c. APPROVAL OF EXPENDITURES AND INVESTMENTS $90,422.12
(a) Recommended by Finance Director
d. Scheduling of Public Hearings: 8:00 P.M. - January 12, 1976 - Fowler Junior High
(1) Zone change - Hawes/St. Clair
A request by Hawes and St. Clair, on behalf of Lyle Van Dyke, for a zoning
map amendment to zone a parcel at SW 67th and Hampton Streets, presently zoned
Tigard R-7, single family residential, to C-P, commercial.-professional, (Wash.
Co. tax map 2S1 1AD, tax lot 400).
(2) Minor Land Partition - Roger Beianich
A request to partition a parcel of land in a Washington County Subu-bars
Residential zone at 121st, Scholls Ferry Road and 122nd (Wash. Co. tax map
1S1 34B, Tax lot 500).
6. WASHINGTON COUNTY INFORMATION & REFERRAL SERVICE
(a) Report by Rick Levine
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P( �ti :'LANNING O -.k'� � ( \
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THREE TO .A CTAIN rirF RPOSF� A\i •' P � :. _ JL; IF
CHAI. IERS 19i AND 227 ORS INSOFAR AS RE�:PECT'TO
TA.Z NEIGHBORHOOD PI.Y aliti RGAl1I2�,TCU!� \;.'�iBER THRE'r'. P'•_r.`!`t i AREA)
THUS SUPERSEDING 'rHA:T PORTION OF THE, T'IGARD CO%L^if'" ?_T%` PLAN MAP AS
ADOPTED BY ORDINANCE No. 73-5, HERETOFORE APPLICABLE TO THE SAME
AREA, AND FIXING AN EFFECTIVE DATE.
(Council and staff please bring your copy of ordinance distributed for 12/1/75)
8. PUBLIC HEARING: (Commencing at 8:00 P. M.)
A. Appeal of Planning Commission action by Roger Belanich
(1) Public Hearing Opened
(2) Statement of Facts by City Planner
(3) Public Testimony
Proponents
Opponents
Cross Examination
(4) Hearing Closed
(5) Consideration by Council
9. RESOLUTION Not 75- - A RESOLUTION OF THE TIGARD CITY COUNCIL REAPPOINTING MEMBERS TO
THE LIBRARY BOARD.
(a) Recommended by Selection Committee
10. OTHER
11. ADJOURNMENT
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PAGE 2 - AGENDA DECEMBER 8, 1975
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P 1 G A R D CI T YC O U N C I L
REGULAR MEETING DECEMBER 8, 1975, 7030 P. M.
1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen Ralph C. Barkhurst, John E. Cook,
Alan W. Mickelson, Robert C. Moore; Russel Austin, Building Official; J. D.
Bailey, Legal Counsel; Richard C. Bolen, City Planner; Bruce P. Clark, City
Administrator; Doris Hartig, City Recorder.
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) None
3. APPROVAL OF MINUTES - Regular Meeting November 24, 1975, Study Session December 1, 1975.
(a) Motion to approve: Councilman Moore; seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
4. WRITTEN COMMUNICATIONS
From Norman Hartman resigning from Planning Commission.
From City of Lake Oswego re: CRAG Goals and Objectives
From League of Oregon Cities ret Revenue Sharing Reenactment Campaign
From Washington County Traffic Safety Committee re: Intersection of Pacific Highway
and Beef Bend Road
(a) Motion to receive and file: Councilman Moore; seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
5. APPROVAL OF EXPENDITURES AND INVESTMENTS $90,422.12
(a) Motion to approver Councilman Moore; seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
6. SCHEDULING OF PUBLIC HEARINGS: 8:00 P.M. January 12, 1976 Fowler Junior High.
(a) Zone Change - Hawes/St. Clair
A request by Hawes and St. Clair, on behalf of Lyle Van Dyke, for a zoning map
amendment to zone a parcel at S. W. 67th and Hampton Streets, presently zoned
Tigard R-7, single family residential, to C-P, Commercial-Professional. (Wash.
Co. Tax Map 2S1 1AD, Tax Lot 400).
(b) Minor Land Partition - Roger Belanich
A request to partition a parcel of land in a Washington County Suburban Residen-
tial zone at 121st, Scholls Ferry Road and 122nd (Wash. Co. tax map LS1 34B,
Tax Lot 500).
(c) Motion to set public hearing: Councilman Moore; seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
WAS4INGTON COI;NiY ;INFORiIATio 8. REFERRAL SERVICE.
A
ka) Rick Levine discussedP= P c osed centinformation;ized inforation and referral center for
Washington County Hr,Ra_-q Services and problems, Mr. Levine requested support of
the concept and financial aid in the amount of approximately $150 per month for
six months.
Council and staff discussed the request and concensus was to endorse the program
and take up funding at a later council session.
(b) Motion by Councilman. Cook to send letter of endorsement to Washington County
Referral Service; seconded by Councilman Barkhurst.
Motion passed by majority vote of 4-1; Councilman Moore voting NAY.
8. ORDINANCE Nb. 75-55 AN ORDINANCE ADOPTING NEIGHBORHOOD PLANNING ORGANIZATION PLAN NUMBER
THREE TO THEREBY ATTAIN THE PURPOSES AND OBJECTIVES OF CHAPTERS 197
AND 227 ORS INSOFAR AS APPLICABLE WITH RESPECT TO THE NEIGHBORHOOD
PLANNING ORGANIZATION NUMBER THREE PLANNING AREA, THUS SUPERSEDING
THAT PORTION OF THE TIGARD COMMUNITY PLAN MAP AS ADOPTED BY ORDINANCE
No. 73-6, HERETOFORE APPLICABLE TO THE SAME AREA, AND FIXING AN
EFFECTIVE DATE.
(a) Motion to adopt: Councilman Cook; seconded by Councilman Mickelson.
Approved by 4-1 majority vote; roll call of vote as follows: Mayor Bishop,
AYE;Councilman Cook, AYE; Councilman Mickelson, AYE; Councilman Moore, NAY;
Councilman Barkhurst, AYE.
As ordinance did not receive unanimous vote at first reading it will be
scheduled for next regular session of Council.
9„ PUBLIC HEARING - Commencing at 8:00 P. M.
A request by Roger Belanich to zone a parcel at S. W. 121st., Scholls Ferry Road, and
122nd, presently zoned Washington County Suburban Residential to Tigard C-4, Neighbor-
hood Commercial, (Tax Map lSl 34B, Tax Lot 500).
City Staff discussed with Council the technical problems involved in the appeal of the
Belanich minor land petition application and zone change request. City Planner
synopsized Planning Commission action with respect to denying one or both applications
and the legal notice in the local newspaper for only the zone change.
Attorney Robert Ball, representing the applicant, stated at the Planning Commission
level both cases were heard and considered at the same time and it was his opinion no
one was mislead and it was appropriate notice. Applicant requested, if there was no
objection by members of Council or audience the matter be heard as scheduled. There
were no objections.
(a) Public Hearing Opened
Hearing was recessed at 8:15 P. M. for consideration of other matters until
applicant Belanich arrived.
8:30 Public Hearing reconvened.
PAGE 2 - MINUTES - DECEMBER 8, 1975
City Planner aav, z statement. el .facts with :re p=:. to objectives and policies for
community shopping
(b) Public Testimony
Proponents:
Rob Ball, Attorney representing applicant Roger Bel-anich
Roger Belanich, 2330 43rd Ave. E. , Seattle, Wa Applicant
John Overby, representing United Grocers
Ernie Platt, representing Commonwealth properties, 3800 Cedar Hills Blvd.,
Beaverton, Oregon
Opponents:
Cy Penn of Mercury Development Co.
Wanda Senz, co-chairman of CPO #4
Cross Examination and Rebuttal
Attorney Rob Ball representing applicant
Cy Penn - Mercury Development Co.
Joseph Meats - property owner
Roger Belanich - applicant
Wanda Senz - CPO #4 co-chairman
Public Hearing Closed
Meeting Recessed 10:10 - reconvened 10:20 P. M.
(c) City Planner gave staff recommendation for approval to C-4 with specific
conditions to be attached. Council and staff discussed the conditions recom-
mended as well as the testimony presented.
(d) Motion by Councilman Mickelson; seconded by Councilman Barkhurst, to approve the
application and direct staff to prepare an ordinance to include findings that the
application conforms with the comprehensive plan and that the following specific
conditions be attached:
(1) That no building permits be issued for the site until the property owner has
obtained an approved planned development zone.
(2) A 5 ft. dedication for public street purposes on 121st and 122nd.
(3) A 10 ft. to 20 ft. dedication for public street purposes on Scholls Ferry Road,
the final determination of width to be made by the Oregon State Highway Dept.
(4) A 5 ft. utility easement on all lot lines.
(5) Development of S. W. 121st from the Scholls Ferry Road intersection to the
southerly line of Commonwealth's Englewood Planned Development Improvement shall
be to city collector standards (44 ft. roadway) with curbs, 5 ft. sidewalks
adjacent property lines, landscaped strip with street trees. Improvement to the
intersection of 121st at Scholls to provide for left and right turn channels from
121st and a left turn channel on Scholls Ferry to 1.21st.
(6) No access from Scholls Ferry Road and no access to 121st within 100 ft. of
Scholls Ferry.
(7) That pedestrian/bicycle trail be provided along Scholls Ferry Road (extending
that already provided for easterly of 121st adjacent Englewood),
PAGE 3 - MINUTES - DECEMBER 8, 1975
(8) Tre extension of S. W. Springwood Dci%—, 3crc -_�x lot 500 to intersect 122nd
i
4
wth a 50 ft. ri t-.g. -:•-c _-wsy improved to a s+_3atda_*.d 35 ft. street.
(9) No building permits _. issued until traffic sig.nai exists at the intersection of
S. W. 121st and Scholls Ferry Road.
(10) Covenants shall be provided to make possible the future vacation of 122nd Street,
if deemed necessary, and to provide cross easements with any future commercial
development which may occur on the property to the west.
(11) Landscaped setback from S. W. Springwood Drive of not less than 20 ft.
(12) Landscaped setbacks from S. W. 121st and from S--.bolls Ferry of not less than
20 feet.
(e) Motion by Councilman Mickelson to amend condition #9 to read as follows:
That no building permits be issued until a traffic signal has been provided at
121st and Scholls Ferry Road. However, because the Oregon State Highway
Department has the authority to approve signalization, a decision by them not to
signalize this intersection will have the effect of waiving this requirement;
motion seconded by Councilman Cook.
Amendment to • motion approved by unanimous vote of Council.
(f) Motion, as amended, approved by unanimous vote of Council.
10. OTHER
A. MIDYEAR STATUS 1975-76 BUDGET
City Administrator stated staff will have midyear status report prepared for
Council consideration January 19, 1976.
B. 1976-77 BUDGET AND UNION CONTRACTS
Mayor Bishop requested further Council discussion regarding his letter to
Tigard employees requesting renewal of contracts with no increase in salaries.
Concensus of Council was that the proposal is a bargaining position and that
such a matter should be discussed in executive session. Legal Counsel was
requested to check State Law and report back with opinion regarding labor
negotiations and guide lines for holding executive sessions. Requested
response was given by attorney at the meeting.
(a) Motion by Councilman Cook to call executive session in January, at mutually
agreeable time, for the purpose of appointing negotiator; setting the guide
lines for negotiations; motion seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
11. ADJOURNMENT: 11:00 P. M.
'TEST. City Recorder
Mayor
PAGE 4 - MINUTES - DECEMBER 8, 1975
Bills Presented for Payment
December 8, 1975
General Fund - U. S. National Bank
Check No.
18138 Jerry Powell, Oregon AIP Conference (14) 42.00
18139 Borough of Fountain Hill, Printed Matter (12) 1.00
18172 Girods, Misc. Maintenance Supplies (18) 21.50
18173 Wendell Marson, Witness Fee (11) 5.00
18174 Vicky Sloan go to (11) 5.00
18175 Don Lang to of (11) 9.80
18176 Charles Johnson go " (11) 5.00
18177 Rory Hammond it (11) 5.00
18178 Karilene Amundsen 11 (11) 7.72
18179 Russel Austin, Bldg. Code Conference - Travel expense (13) 46.00
18180 Division of Continuing Education - Bldg. Code Conference (13) 40.00
18181 Anthony Pelay, Judge (11) 432.00
18182 Otto Sorg, Rent (18) 2.50
18183 Tigard Employees Association, Employees Union dues (604) 24.00
18184 Tigard Police Officers Association, Police Union dues (611) 186.00
18185 Wash. Co. Federal Credit Union - Payroll Deduction (609B) 932.00
18186 U. S. Bank - Federal Withhold (613) 4,592.00
18187 State of Oregon - State Withhold (614) 1,692.76
18188 Public Employees - Retirement - Social Security
(11) 42.06 (13) 184.04 (16) 1,081.13 (18) 21.29 (12) 38.03
(14) 172.11 (16.3) 65.34(612) 1,604.00 3,208.00
18189 Traveler's Insurance Ca. - Employees Retirement
(13) 59.07 (14) 36.25(608B) 137.30 232.62
18190 I.C.M.A. - City Administrator - Retirement 110.00
18191 Banker's Life - Police Retirement (608A) 1,310.93
18192 Oregon Admin. Association - Payroll Deduction (619) 32.12
18193 Tigard Federal Credit Union to of (60A) 142.40
18194 Oregon Dental Service - Dental Insurance
(11) 12.88 (13) 61.11 (16) 287.48 (18) 20.37
(12) 40.74 (14) 61.11 (16.3) 12.88 496.57
18195 Kathleen Shutts - Witness Fee (11) 7.72
18196 Emil Shuttsto to (11) 7.72
18197 Kent Newell of of (11) 7.12
18198 Karen Caryell to (11) 5.00
18199 John Laws - Mileage (14)- 11.55
18200 Maryatt Industries - Laundry (20) 12.90
18201 N. W. Natural Gas - Utilities (18) 88.33 (20) 274.53 362.86
18202 Portland General Electric - Utilities (18) 128.67 (20) 19.95 148.62
18203 Pargas - Propane & Equip Rental (13) 46.65
18204 Rentex - Laundry (18) 40.05
18205 Schwenn, Bradley, Batchelor, Bailey - October Legal Service
(11) 490.00 (18) 1,100.00 (20.2) 397.50 1,987.50
18206 Tigard Radiator Service - Repair (12) 27.60
18207 Don Thomas Petroleum - Super Shell Gas
(12) 10.18 (13) 10.18 (19) 12.73 33.09
18208 Tigard Lumber & Bldg. Supply - BOR Jack Park - Misc. Bldg. Sup. (17.3) 62.88
18209 Western Office Products - Mis. Office Supplies (14) 19.75
4210 Xerox - Equipment Rental (10) .30 (14) 1.33 1.63
,:510 Standard Oil of Calif. - Gas (12) 9.53
18211 Petty Cash - Misc. office supplies & subsistence
(10) 13.50 (12) 30.75 (13) 3.18 (14) 5.90 (18) .94 (19) 6.50 60.77
18212 Mr. C's Photo Factory - Film and processing (19) 22.45
18213 Doug's Auto Parts - mise. auto supplies (12) 1.55 (17.3) 2.45 4.00
General Fund U. S. National Bank Cont'd
Check No.
18214 Times Publications - Notice of Public Hearings (10) 15.40 (14) 15.40
Bank Draft U. S. Bank - Bonds 30.80
�- 112.50
16,605.21
Payroll 22,389.97
Sewer - U. S. National Bank 38,995.18
18185 Wash. Co. Federal Credit Union - Payroll Deduction
18186 U. S. Bank - Federal Withhold ( 70.50
(613)
18187 State of Oregon - Dtate Withhold (613) 466.90
18188 Public Employees Retirement - Social Security (614) 191.10
(101) 202.21 (612) 202.21 404.42
18189 Traveler's Insurance Co. - Retirement
(104) 64.04 (608B) 125.00 189.04
18192 Oregon Administration Association - Payroll Deduction
18193 Tigard Federal Credit Union if (619) 6.66
18194 Oregon Dental Service - Dental Insurance ( 27.50
(108)
18208 Tigard Lumber & Bldg. Supply - Rope (108) 153
4.64
(220) 14
3123 First National Bank - Sink Fund .00
(541) 356.94
3124 Pitney Bowes - Rental Postage Meter
(206) 106.50
3125 Unified Sewerage Agency
(753-755) 7,120.86
9,008.06
Payroll 2,512.65
State Tax Street - U. S. National Bank 11,520.71
18183 Tigard Employees Association - Union dues
18185 Wash. Co. Federal Credit Union - Payroll deduction (604) 36.00
18186 U. S. Bank - Federal Withhold (( 3) 76.50
61
18187 State of Oregon - State Withhold (613) 466.90
(614) 191.10
18188 Public Employees Retirement - Social Security
(101) 202.21 (612) 202.21 404.42
18189 Traveler's Insurance Co. - Employees Retirement
18193 Tigard Federal Credit Union - Payroll deduction (60 64.05
18194 Oregon Dental Service - Dental Insurance (60998A)) 109.34
18202 Portland General Service - Utilities (108) 53.64
(260) 87.69
18203 Pargas - Propane & Equipment Rental
18207 Don Thomas Petroleum - Super Shell (210) 96.02
(210) 35.27
18208 Tigard Lumber & Bldg. Supply - Sign Installation Supplies
3496 Bonita Glass' - shop door pp (220) 9.00
3498 Case Power & Equipment - hose - back hoe (240) 3.56
(240) 28.95(240) 8.80
3500 Halray Auto Supply - misc. auto parts .80
3506 Tigard Water District - Utilities
(260) 118.50
3509 Tigard Radiator Service - steam clean radiator - sweeper
3511 Valley Petroleum - oxygen & acetylene p (240) 15.00
3514 7.ep Mfg. - cleaning compound & chemicals (220) 23.70
(240) 73.58
3515 Miller's Auto Service - Repair Wayne Sweeper
18213 Doug's Auto Parts - misc. auto supplies (240) 418.70
(210) 8.49 (220) 28.84 (240) 179.78 217.11
2,531.83
Payroll
2,458.99
Federal Revenue Share - U. S. National Bank 4,990.82
Check No.
'8182 Otto Sorg - Library Rent
3 8186 U. S. Bank - Federal Withhold (15) 238.00
18187 State of Oregon - State Withhold (613) 665.60
181$8 Public (614) 200.00
Employees Retirement - Social Security
(15) 73.33 (21) 148.74 (612) 222.07
18189 Traveler'sInsurance Co. -Retirement 444.14
(15) 31.26 (21) 76.28 (608B) 145.69
253.23
Federal Revenue Share - U. S. National Bank Cont'd
Check No.
18192 Oregon Administration Association - Payroll Deduction
18193 Tigard Federal Credit Union it (619) 7,28
18194 Oregon Dental Service - Dental I (609A) 143.46
Insurance (15) 20,37
g (21) 40.74
„-18201 N. W. Natural Gas Co. - Utillties 61.11
•8202 Portland General Electric Co. lities(15) 59.58 (16) 15.43 75.01
18203 Pargas - Propane & Equipment Rental (15) 16.82 (16) 47.83
6-+.65
18204 Rentex - Laundry (15) 14.20 (16) 20.05 (16) 214.06
18206 Tigard Radiator Service - cleaned #7 radiator 34.25
18207 Don Thomas Petroleum - Super Shell (16) 8.75
3485 Doris Hartig - League of Oregon Cities - expenses (16) 420.28
3486 Kearney Bros. - Hunziker St. L.I.D. - progress payment #3 (21) 20.30
3493 Roger Thomsson - recording fees (18) 27,659.87
3495 A-Boy West - Drain pipe - Hunziker Street L.I.D. (21) 12.00
3497 Demco - Library Supplies (18) 83.40
3499 Canyon, Chrysler, Plymouth Inc. - motor mount #5 (15) 30.50
3500 Halray Auto Supply - misc. auto parts (16) 5.00
3501 Harris Uniforms - Reserve officers uniforms (16) 4.08
3502 Leadership Resources Inc. - books (16) 150.90
3503 Marn's Line Up Shop - align front end, center spool valve,steering(16) 45.955
3504 Mobil Nine-T-Nine - misc auto supplies gear
3505 N. W. First Aid - First Aid Supplies (16) 15.12
3507 Publishers Central Bureau - books (15) 25.35
3508 Southwest Office Supplies - Library Supplies (15) 77..79
85
3509 Tigard Radiator Servir_e - clean radiator #8 (15) 7'85
3510 Standard Oil Calif. - gas (16) 7.00
3512 Ward Harris Inc. - Dictator & battery pack (16) 9.39
3513 Woody Froom Tire - Tires (18) 261.00
18210 Xerox - Equipment Rental (16) 450.18
18211 Petty Cash - misc office supplies & subsistence (16) 208.18
(15) 2.55 (16) 25.59 (21) 8.90
18212 Mr. C's Photo Factory - film & processing 37.04
18213 Doug's Auto Parts - misc auto supplies (16) 26.61
BD U. S. Bank - Bonds (16) 167.62
18.75
32,160.50
Payroll 2,453.91
34,614.41
Bancroft - U. S. National Bank
Check No.
3483 First National Bank - Coupons
(8) 301.00
Total Bills Payable $60,606.60
Payroll Payable 299815.52
$90,422.12
w;
Ck.
Memorandum
i, To: City Council
From: Planning Staff
Subject: Appeal of Tigard Planning Commission denial of applications
by Roger Belanich for a minor land partitioning and
recommendation for a zoning map amendment
Date: December 8, 1975
Initially the Planning Commission met on this matter on October 21,
1975. The Planning Commission, at that time, felt unconvinced that
a development such as proposed by Belanich could be built on the
subject site and tabled the request, continuing the hearing to allow
Mr. Belanich time to develop a site plan showing graphically how his
proposed project would fit 'on the site. Mr. Belanich returned to the
Commission at their November 4 hearing with a site plan, as requested.
In that interim time, Tigard staff met with Washington County staff,
Beaverton staff, a representative of the C.P.O. and the owners and
prospective developers as requested before the October 21 meeting
by Glen Ahlert of Washington County. The outcome of that meeting
and subsequent discussion was that of the sites available on Scholls
Ferry Road, probably the one at Sorrento Road and Scholls would be
preferable from a geographic point of view, but that there are doubts
as to whether that site can be sewered within the next few years, and
as to how that location might be tied into Tigard's circulation system
without extending a new arterial street into Tigard. This last
"doubt" is of great concern to the planning staff. Alignment of
such a street with Tigard's existing street system could substantially
increase the through traffic use of any street so aligned. Further-
more, development of the area through which such a connecting arter-
ial street must pass cannot be anticipated before 1980. It seems un-
likely that such a " street could be feasibly built under those circum-
stances. It seems apparent then, that it is in the interest of the
City of Tigard to advocate that whatever commercial development occurs
on Scholls Ferry should be located as shown on the Community Plan of
1971, at the- 121st and Scholls Ferry intersection, and that it should
be strictly confined to an area not extending more than a few hundred
feet from the intersection.
As required by Section 18.88, the report of the Tigard Planning Com-
mission to the City Council is transmitted herewith.
REPORT OF THE TIGARD PLANNING COMMISSION TO THE TIGARD CITY COUNCIL
RECOMMENDING DENIAL OF THE APPLICATION FOR A ZONING MAP AMENDMENT
BY ROGER BELANICH (ZC 12-75) REQUESTING A CHANGE FROM WASHINGTON
COUNTY R-7 TO CITY OF TIGARD C-4 ON TAX LOT 500, 1S1 34B.
The Planning Commission, at its November 4, 1975, meeting, recommended
denial of Mr. Belanich's requested zoning map amendment and minor
land partition based on findings that the subject site is too small
A to accommodate a convenience commercial development of the size and
diversity necessary to providd -for and satisfy the convenience shop-
ping needs of the immediate neighborhood and that it did not conform
r
page 2
Memo to City Council
December 8, 1975
L"5
'4.
to the recommendations of the Comprehensive Plan for an eight acre
site size.
In its deliverations, the concensus of the Commission was that the
site location was the most appropriate place for commercial develop-
ment in that part of Tigard; that there is a public need for con-
venience shopping establishments in that area; that the site lo-
cationally conforms to the Comprehensive Plan and that adequate
traffic circulation, sewerage, water supply, energy,
etc. was ro-
vided for. .-Additionally, the developer indicated in his testimony
that he would provide convenants to create future cross easements and
allow utilities connection's so that expansion of his commercial
development, 'even if by another owner/developer, on the 'adjacent
lands could be accomplished, providing the City's approval were
given. Even so, the Planning Commission said that because it was
very clear that coordinated development of a single sho
in this location, under the conditions that now exist, thg
that is, the
antipathy existing between the two competing developers and the lack
of any evidence to indicate that a coordinated development could or
would occur, the Planning Commission would be remiss in granting
approval at this time. Also, the testimony of 'Washington County and
the County C.P.O. representatives had been in favor of denial or
tabling to allow sufficient time to finalize their plans.
The actual motion made by Commissioner Wakem stated that he was moving
for denial of the minor land partition request -- which he stated he
understood is making moot the question of the Planning Commission's
recommendation to the Council on the separate, but related, matter
of the zone map amendment.
STAFF REPORT �.
Tigard Planning Commission
October 21,1975
Agenda Item 5.1
ZC 12-75 (Belanich, 121st and Scholls Ferry Rd-. )
'LONE CHANGE
A request for a zone change (amendment of the zoning map of
1970) from Washington County zoning designation S--R, Suburban
Residential to City of Tigard C--4, Neighborhood Commercial
zone for a '3.2 acre parcel of vacantland at the intersection
of S. W. 121st Avenue and S. W. Scholls Ferry Road. ( tax map
IS1 34B part of tax lot 500) .
STAFF FINDINGS
1. Comprehensive Plan Conformance: •
This parcel is depicted in the "Tigard Community Plan"
for community shopping. This type of shopping center
is .intended .to serve -the most, frequent "everyday" shopping
needs of persons residing in the trade area. The major
tenant is to be a super market with associated shops offer-
ing a broad range of convenience goods and services (drugs,
hardware, dry cleaning, etc. ) . The plan policies regarding
the location and development of a community shopping center
can be summarized as follows:
1) They will be permitted only as planned developments.
2) `They will be located at I-J to 2 mile intervals.
3) They will be .located on arterial streets.
4) A standard size of 8 acres is desirable.
5) Development will coincide with improved public
streets, water and sewage facilities.
Policy #1 is not satisfied by the development proposed.
The site size of 3.2 acres is too small for a planned
development approach and the lands adjacent to the west,
the area most appropriate for expansion of this commercial
district is presently under county jurisdiction. Southerly
expansion of the district would be possible as that land
(on 121st) is under the same ownership and also under City
jurisdiction; however, the site configuration would be
terribly awkward for good development and would produce
an undesirable impact on 121st itself.
F; Policy #2 is generally adhered to, this location being
�w
centrally located to a 12 mile and larger trade area. The
M
a
• P Staff Report
ober 21, 1975
page 2
Jc nearest coinmunity shopping g
center is at progress, 12 miles
{- to the northeast. ._ Washington County's -Plan for this area
' does not.designate any community shopping facilities in
the vicinity.; Beaverton's Plan proposes 10 acres of
commercial development on
.Sorrento Road, •2200 feet north
of Scholls Ferry Road. This site could eventually contain
competitive shopping facilities; Yiowever, staff finds the
• subject site• 1_ocationally superior for a community shopping
center and the City. of Beaverton should be requested to
restrict development of a competetive shopping facility
at the Sorrento Road location.
f
Policy #3's requirement*.that the site be located 'on an
arterial is fulfilled by the presence of Scholls Ferry.
Road, a designated arterial route.
Policy #4 is. not compligd with due ..to. the 3.2 acre site
size where 8� acres• is required.. . Howe"ver, .the-ddditidnal.. -'
vacant land to the' west will'probably 'be' available for;-.'
future expansion.
Policy #5' can be' partially fulfilled by extending the exist
ing sewer and power facilities from the Englewood Sub-
division to the east and provided the developer is willing
to accomplish* certairi road improvements. The applicant's
submission does not state how water service will be pro-
vided to the site,
2. Community Need:
In staff's judgment, the applicant has established that a
community need exists for a super market at this time and
this need will increase as the several residential pro-
jects proposed for this area are constructed.
3. Suitability of this site in relation to other potential sites:
This site, located at -the intersection of an arterial street
and a collector street, is centrally located to a residential
area approximately a mile in radius. Of other sites in the
vicinity, this location has the advantage of a central
location and excellent accessability.
4. Changes in Surrounding Conditions:
No development has occurred in the area not anticipated
by the comprehensive plan when it was adopted in 1971;
however, if a comparable shopping facility had developed
nearby, it would then be appropriate to question the
validity of retaining the Community Shopping Center
designation on the plan for this location. Since no
such changes have occurred, the plan's designation for this
property remains valid.
,e 3
Staff Report
October 21, 1975
5. Application has been made to Washington County for an
amendment to their Comprehensive Plan to allow an 8 acre
community shopping center at 122nd and Scholls Ferry Rd.
(immediately to the west) . This request was to be heard
in October of this year, but the applicant,Cy Penn of
Mercury Development, has requested that his request be
set ahead to March, 1976.
6. A present• traffic hazard exists on Scholls Ferry Road,
west of its intersection with 121st Avenue,- due to a
hill which limits visibility of the intersection from that
approach. The rapidly increasing development pressure.
in this area of Tigard,. while supporting the applicant's
contention of need, also gives staff cause for concern
over the impact of development on both Scholls Ferry and
on 121st Ave. Staff finds that extreme caution must be
exercised iri hove and where access to the 'si-te *is provided,'
from' these streets.
7. Applicant has supplied' an information packed (attached)
which details his response to the Fasano guidelines and
more fully explains the purpose and scope of his project.
STAFF RECOMMENDATION
To be presented following public testimony
t
s
}Ch
J 3
MINUTES
Tigard Planning Commission
October 21, 1975
Twality Junior High School - Lecture Room
14650 S. W. 97th Avenue, Tigard, Oregon
1. CALL TO ORDER: Chairman Hartman called the meeting to order
at 7:40 p.m.
2. ROLL CALL: Members present: Hartman, Popp, Porter, Sakata,
Wakem, Nicoli; staff: Powell and, Laws; absent: -.
Ems and Smelser
3. : MINUTES:_ Porter requested an addendum to the October 7 minutes
be` sent on to the City Council indicating that the
minutes of September. 16 be approved only with the
"proviso" that roll calls be added to the minutes.
The minutes of September 30 and October 7_ were approved
as amended.:
4. COMMUNICATIONS:' A late letter from Washington County re Roger
Belanich's application for a zone change from .
county SR to Tigard C-4.
5. PUBLIC HEARINGS
5.1 ZONE MAP AMENDMENT ZC 12-75 (Belanich Community Shopping Center)
A request by Roger Belanich for zoning map amendment to zone
a parcel at SW 121st, Scholls Ferry Rd. and 122nd, presently
zoned Washington County Suburban Residential to Tigard C-4,
Neighborhood Commercial (Wash. Co. tax map 1S1••34B, tax
lot 500) .
Note: Items 5.1 and 6.1 were considered together.
6.1 MINOR LAND PARTITION MLP 7-75 (Belanich)
A request by Roger Belanich to partition a parcel of land
in a Washington County Suburban Residential zone at 121st,
Scholls Ferry Road and 122nd (Wash. Co. tax map 1S1 34B -
tax lot 500).
A. Staff Reports: Read by Powell.
B. Public Testimony
o Roger Belanich, the applicant (2330 - 43rd. Ave.
East, Seattle, Wash. ) , stated his proposal for
developing a 3.2 acre facility on the subject site
for retail sales and that there was a need in this '
fir, geographic portion of Tigard for shopping.
PC Minutes 1091/75
page 2 ,
o Ernie Platt, Commonwealth Properties (3800 SW
Cedar Hills Blvd. , Beaverton, Oregon) , concurred
with Belanich's remarks and stated the request was
in conformance with the Comprehensive Plan. Platt
also stated that a 5 ft. dedication would be made
along 121st and a 10 ft. dedication along Scholls
Ferry Rd. and that he and Belanich would agree to
street improvements along 121st at such time that
development occurs on the parcel that is subject
to annexation.
o Mr. Platt asked the Commission if there is a need
to keep 122nd St. open.
o Powell stated that 122nd would serve probably as
the best access from the proposed site.
o Porter •asked-•if the applicant had 'made contact with
adjoiningproperty owners as to the possibility of
expansion on to those adjoining' parcels.*, . ..-.
o Cy Penn (Mercury Development) , speaking on behalf
of Mr. Joseph Meats, the property owner immediately
west of the subject site, stated that he was pro-
posing on the Meats property an 8 acre development
and that he was in opposition to Mr. Belanich's
proposal, but did concur with the need for a shopping
center in the area and that 122nd St. should be
improved.
o Penn indicated that he had applied to Washington
County for a zone change for commercial development
on the Meats' property and felt that Belanich's
estimated size for a shopping center should be
larger than the. three acres as proposed.
o Penn requested that •the letter submitted under
communications from Washington County regarding
the Belanich zone change proposal be read into the
record.
o Penn stated that he felt that 121st and Scholls
Ferry Rd. should not be developed because of the
additional traffic that would be created at this
intersection.
o Hartman asked Penn the size of the entire Meats'
parcel.
o Penn replied that it was 28 acres.
o Belanich stated that Mr. Penn'was not dealing with
what is at issue and what the Community Plan addresses
itself to.
C page 3
PC' Minu( 3 10/21/75
C. Staff Recommendation: For minor land partition,
approval with the following
i conditions:
1. A 5 ft. dedication on 121st and 122nd.
.2. A 10 ft. dedication on Scholls Ferry Rd.
3. 5 ft. ' utility easement on all lot lines.,
4. Development of SW 121st to southerly -line of-- -
Englewood PD to City standards (44 ft. roadway)
with curbs and 5 ft. sidewalks adjacent property
lines.
5. No access from Scholls Ferry Rd. and no access
from within 100 ft. of Scholls Ferry from 121st.
6. That pedestrian/bicycle trail be provided along _
Scholls Ferry Rd: (extending that alread provided
for easterly of 121st adjacent Englewood. ;
7. The extension of SW Springwood Dr. across tax
lot 500 to intersect 122nd with a 50 ft. right-
of-way improved to a standard 36 ft. street.
Staff Recommendation: For zone change, approval.
D. Commission Discussion and Action
o Porter was in agreeance with the location of the
proposed project, but questioned the size of the
parcel and the divisioning of the parcel.
o Powell stated that to extend the project to the
entire parcel, tax lot 500, would have negative
irApacts on the surrounding area.
o Wakem questioned the configuration of the praposed
site.
o Sakata asked the applicant as to the general layout
of the project and her concern as to the way the
property was to develop, assuming a zone change
were approved.
o Hartman suggested that if the Planned Development
failed her, then the zone change should fail.
- o Hartman stated that he would like to see the two
properties, Commonwealth and Meats, developed
jointly.
o Popp stated he felt the proposal would meet its
intent.
- - pa( 4
PC minutes 10/21/75
o Motion (Popp) for zone change from County SR to
City C-4, with conditions as recommended by staff
and that the project be underway within 18 months
or the parcel would return to the pre-existing
zone, providing the applicant has not requested an
extension of the 18 month provision from the
Planning Commission.
'o Seconded (Nicoli) .
o Ems asked if full provisions had been provided for
street improvements.
o Porter felt that granting a zone change at this
time .would give way to any type _of development
without control and suggested that the item be
tabled. . He also suggested that a joint meeting
be held with adjoining property owners and that ;. . '
a clear development proposal be made for the site..
o Sakata stated. that she. would: .abstain 'from 'voting at
this time until a more detailed concept is submitted,
but agreed to tabling the, matter.
o Motion failed 5-2. Hartman called for roll call
vote. No: Hartman, Porter, Sakata, Wakem, Fans;
. Yes: Popp, Nicoli.
o Motion (Porter) to table until a more detailed con-
cept plan is given by the applicant.
o Seconded (Wakem) .
o Motion passed unanimously.
5.2 ZONE MAP AMENDMENT ZC 13-75 (Payless Planned Development)
Application by Payless Drug Co. for an AMENDMENT to the
TIGARD ZONING MAP to allow a COMMERCIAL PLANNED DEVELOP-
MENT on an approximately 8 acre site at SW Main and
Scoffins Streets (commonly known as old Fowler Junior High
School, tax :nap 2S1 2AA, tax lots 600, 700, 800 and 900) .
Commercial activities proposed are drugstore-variety goods
store and a supermarket of approximately 30,000 sq. ft.
plus approximately 20,000 sq. ft. of satellite retail com-
mercial and office space, including banking, restaurant
and small retail shops.
A. Staff Report-:. * Powell read the report. and asked that
exhibits relating to the project be in- .
cluded in the record.
B. Public Testimony
A
i
I
MINUTES
Tigard Planning Commission
r. Regular Meeting
November 4, 1975
1. CALL TO ORDER: Vice Chairman Porter called the meeting to order
at 7:34 p.m.
2. ROLL CALL: Present: Porter, Sakata, Hansen (late), Wakem,
Nicoli, Smelser,. Ems; staff: Powell and Laws
Absent: Hartman and Popp
3. MINUTES: Porter stated that the planning department memorandum
to the City Council dated 10/30/75 concerning the
correction in addendum to Planning Commission minutes
of October 7, 1975, had incorrectly stated the roll
call on the motion for realignment of Gaarde St.
Porter requested that a correction be made in the
memorandum minutes and that this correction be brought
to the attention of the City Council. .
Ems requested that. the 10/21/75 minutes, under the item ,
of' roll call, be amended to read "Ems present" and not
absent.
4. COMMUNICATIONS: None
5. PUBLIC HEARINGS
5.1 ZONE MAP AMENDMENT ZC 12-75 (Belanich Community Shopping
Center)
A request by Roger Belanich for zoning map amendment to zone
a parcel at SW 121st, Scholls Ferry Rd. and 122nd, presently
zoned Wash. Co. suburban residential to Tigard C-4, nei hbor-
hood commercial (Wash. Co. tax map IS1 34B, tax lot 5005.
Continued from October 21, 1975.
A. Staff Report
Powell requested -that agenda item 6.1, Minor Land
Partitioning (MLP-7-75) be read sequentially. Powell
asked the commission that rather than read. the staff
report that had already-been read at the last hearing;' ,'
that he, instead, would relay the events that have
transpired in the last week on this matter with regard -
to meetings and correspondence with developers to in-
clude both Mr. Belanich and Mr. Cy Penn, Beaverton and
Washington County planning departments and representatives .
from CPO #4. ,
Powell read into the record a letter from Washington
County County in response to a joint meeting that•.was
held with staff, Belanich, Penn, Beaverton and Wash. Co:-
• •' PC Minutes - page 2
November 4, 1975
planning departments, and a representative from CPO
#4.
o Powell also read into the record a letter from Jack
Young, Chairman West End CPO y4.'
o Sakata asked staff if the Beaverton planning department
had responded to this matter.
o Powell stated that K. J. Wong, Sr. Planner for Beaverton,
felt that not enough time was available in order to get
sufficient background data on this matter to the Planning
Commission at this time.
B. Public Testimony
o Belanich, the applicant, stated that he felt be had
conformed to the Planning Commission's request for
the submittal of a plot plan and briefly- discussed
the joint meeting held earlier in the week. He
stated that, in his opinion, the correspondence
from Wash. Co. regarding the proposed site for
a shopping center did not conflict with the community
plan, but that the real issue appeared to be one of
size. Belanich saw no problem with 122nd and felt
that some agreement, perhaps in covenant form, could
be made with the adjoining property at which time they
chose to develop.
o Cy Penn, Mercury Development Co. , stated that the
Tigard Comprehensive Plan designates the area at
121st and Scholls Ferry Rd. as a commercial shopping
center and not a convenience shopping center. He
further stated that a community center's needs far
exceed what would be provided for on the 3 acre.
Belanich proposal.
o Nicoli asked Penn if he would build a shopping center :
on the Meats property.
o Penn responded affirmatively, stating that his pro-
posal would be for an 8 acre site on the Meats'. -
property at -either 122nd and Scholls. Ferry -or
Sorrento Rd.- and Scholls Ferry Rd.;_.._
o Jack Young, Chairman West End CPO *#4, asked for a
deferral on this matter until further research is .-
undertakdn.
o Sakata asked Young when the CPO would have a response
to this. matter.-
PC Minutes - page 3
November 4, 1975
o Young' stated that the CPO's position could be
available sometime in January.
o Wanda Senz, CPO #4, distributed a letter from the
CPO Transportation Committee. ' She stated that a
shopping center located at perhaps Scholls Ferry
and Sorrento Rd. would be a better site choice.
Senz recommended to the Commission that they deny
the proposal. -- -
o Neal Brown, CPO #4, stated that he felt that there was
a lack of communication between jurisdictions and
asked if an origin destination study had been made
for the area. He further asked if sufficient
citizen input had been given on this matter. _
o Jack Young asked what -is the urgency of this project.
C. Staff Recommendation
o Staff requested that staff recommendations be given
before continuance of the public hearing.
Staff recommendation for the minor land partition was
for approval with the following conditions:
1. A 5 ft. dedication on 121st and 122nd.
2. A 10 ft. dedication on Scholls Ferry Rd.
3. 5 ft. utility easement on all lot lines.
4. Development of SW 121st to southerly line of
Englewood PD to-City standards (44 ft. roadway)
with curbs and 5 ft. sidewalks adjacent property
lines.
5. No access from Scholls Ferry Rd. and no access
from within 100 ft. of Scholls Ferry from 121st.
6. That pedestrian/bicycle trail be provided along
SchollsFerry Rd. (extending that alread provided- -
for easterly of 121st adjacent Englewood5.
7. The extension of SW Springwood Dr. across tax .
lot 500 to intersect 122nd with a 50 ft:" right-
of-way improved to a standard 36 ft. street. ..
Staff recommendation for the zone change, approval,
should the Commission- feel it has-adequate-- findings
_ or denial' if the Commission-felt the. -findings to be ,
inadequate.
i
I
PC Minutes - page 4
November 4, 1975
o Jack Young, Chairman West End CPO•.#4,; urged
the'Commission to deny the request� basea on the
size of the proposal and that this matter should
be deferred for further consideration.
o Cy Penn stated that the Belanich proposal does
not meet the Community Plan's criteria for shop-
ping centers. '
o Ernie Platt, Commonwealth Properties, stated that '
neither the Wash. Co. , Beaverton or Tigard Con-
munity Plans designate the area at Sorrento Rd.
and Scholls Ferry Rd. as a location for a com-
munity shopping center and if such a proposal
were made, amendments to all three plans would
be necessary.
D. Commission Discussion and Action'.
o Sakata asked the applicant if the buildings as shown ..
on the site plan. would be constructed in those lo-
cations as shown.
o Belanich responded by saying that they would pretty
much be constructed on those areas as shown with
some changes in building configuration.
o Smelser stated that the present site plan and the
size of the buildings does not appear to meet the
needs of the community for shopping in that area.
o Sakata asked Belanich when he would be starting the
project.
o Belanich responded. "sometime •next summer or the
following summer".
o Porter stated that there is clearly a need for a
shopping center at this location and that the Com-
munity Plan calls for one there; however, the size
of this proposed project appears that it would not
accommodate the community shopping need and that
the' applicant.might" use. the suggestion from the_--
Wash. Co. planning department that A joint develop=
ment be undertaken -with- the- adjoining property (Meats).
o Nicoli stated that the Meats property would probably
have to develop according to Planning Commission and
City Council recommendations. -
o Ems stated that by partitioning -the parcel- and making-.
it smaller, it would create "a proposal- fora shopping
center not adequate in size to serve the communined.
s•
PC Minutes - page 5
November 4, 1975
o- Porter asked if the applicant had contacted Mr.
Meats as to a joint venture on the adjoining proper-
ties.
o Belanich stated he had asked Mr. Meats about purchasing
some of his land.
o Motion for denial (Wakem) on the basis that the site,
as proposed, would not sufficiently meet the shopping
needs of the area and could not expand beyond the
boundaries as defined, based on the fact that the
adjoining property owner would not agree to such a
proposal.
o Seconded (Ems) .
o Nicol is and-•Wakem both•'concurred that it Was. unfortunate:_`
` that the twd developers could not have reacheda'
mutual. agreement and joined. in a unified development ,—
on the 'adjoining .properties, Meats and Commonwealth., ',$••
o Motion passed 3-2; No: Nicoli, Sakata, Wakem; yes:
Ems, Smelser; Abstentions: Porter.
5.2 ZONE MAP AMENDMENT ZC 11-75 (Hampton Street)
A request by_ the City of Tigard for zoning map amendment
to zone recently-annexed parcels bounded by SW 69th, Hampton
Street, Salem Freeway and- SW Gonzaga Street, presently zoned
Washington County RU-4, residential, to Tigard R-7, single
family residential. (Wash. Co. tax map 2S1 IAD, tax lots
100, 200, 300, 400, 500, 600, 700, 800, 900, 1000, 1300,
1400, 1500, 1600 1700, 1800, 1900, 2.000, 2100, 2200, 2300,
2400, 2500, 39905 . Continued from October 21, 1975.
A. Staff Report: read by Powell.
B. Public Testimony: none
C. Staff Recommendation: approval
D. •-. Commission Discussion and Action
o Motion for approval (Sakata).
o Seconded (Ems)
o Motion passed unanimously..
rr 5.3 -ZONE MAP AMENDMENT ZC 14-75 (Tigard High School)
A request by the City -of Tigard for zoning map amendment -
-
to zone annexed parcels (February 26, 1973) at SW Durham