CU30-76 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PLEASE NOTE: The original paper record has been archived and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.
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400 WAYSIDE INN - WAY W. LEE
Conditional Use (Cu 30-76) \,,
SW Pacif ic Highway File l of 2. _. ... _ _
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May 9, 1978
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• Seurity Signs
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436 S.W. 12th Avenue
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Portland, Otegon 91214
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Attention: Robert Pershing
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41es Representative
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References Appeal 0 Wayside Motor Inn
Condition #6 . Conditional Us4 Request
Dear Mr. Pershings
1 , The City incurred the following coats in processing the above appeals
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Deposit - Febtuary 170 1978 $100.00
Transcribing Costs - Secretarial 50,82
Publish Tigard Times, Public Notice 6.48
• Total Expenses 4 57.30
REFUND DUE $42.70
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Enclosed i0 out check refunding the unused funds. If you have any questions
regarding this matter, please feel free to contact me.
Sincerely,
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Doris Nat :City Recorder
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I�UU ��YI
OREGON STATE r
/ _I • AO E HIGHWAY DIVISION ;• ,a .qq.
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RIGHT OF WAY UNIT
P.O. OX 02157 • PORTLAND, OREGON • 97202 • Phone 653-3113
ROBERT W. STRAUB
GOVERNOR
April 20, 1978
Mr. Richard Bolen file 6963
Planning Director Multnomah Co. Line-Tigard Section
City of Tigard Pacific Highway West
P.O. Box 23397 Washington County
Tigard, oregon 97223
Clear Mr. Bolen:
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T am in receipt of your April 13, 1978 letter regarding
excess proerty on the Pacific Highway.
As you probably are aware, we have had a request to sell
. •. • some property on the highway and„ in processing it through our
a o Engineering Section, we were advised of the proposed T,S.M.
project.
Our standard procedure is NOT to sell property in an. area
where there is a project proposed for the near future, even
though as x recall your project request indicated no R/W would
be required.
-M
Very truly
Ke neth Rolfe
egional R/W Supervisory
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' April 13, 1978 ;• �!• 1'4 t
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,,... . , ! enneth, Rolfe
Department of Transportation
'„, '.CJ.Box 02157
Portland,land, Oregon 97202 7 202
Dear Mr. Rolfe: •
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It has come to our attention that the Department of Transpor-
.'* tation is studying the question of whether excess right-of--
way on SW Pacific 'Highway and SW 69th (Wash. Co. Tax Map
181-8C AD) Lot 650) should be sold.
A „ As' you are aware the City of Tigard and the O•.S.H.D. are cur--
;; rnnt1y working on a T.S.M. project for SW Pacific Highway. It
it of th utmost importance to the project that no excess right-
,'. of-way be sold until it is determined whether they can be u-
tilized in improving the safety and efficiency of tho highway.
P•,. '” The City would therefore rqc uest that no rig h ;;-of-way be sold
„° until a plan for the highway has been adopted.
Sincerely,
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cc: tam McClure
e+,. Richard 3olet
,' '►' Planning' Dirl)otor
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AFFIDAVIT 41 PUBLICATION
STATE OF OREGON, ..,wj 'C i "GI ��''�, '�6.
.y,, , COUNTY TY OF WASHINGTON,
I''/*y�y��yiti} w v �] 't,311.0(/�K�;itY
•r '� ) Cor�eilo � � V ^'t. 14.1Y �+�GYA'M 4
.'gas• r/"� § lowing at
u.r• • l Fowir't`. , o 11 Room,
� o s e h • h a r rch 21 Alit;itigir ,01 04, on ,'
being first duly sworn, depose and say that I am the publisher .,,.,..,. APP A 'Z'� 040. h '
nln;! ln1�j1i p '�P sv rq"�'
The Ti air _ quest 7 '*�
.................. of Th g d Times, a newspaper of general circulation, as defined �_ `" ifZ& ,O l} 'n1 for ro-
o � x0�����e•�•a 1�'e�i�atl�? •,•i a�nr�,pro-, r �•
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• by ORS 193,010 and 193.020, published at Tigard, in the aforesaid county .and J
gt fax 4,416 Onto, si dal planned
'dove opeilt �ii>ix�"n' ,09191 tr rarei
south of Scholia F r Road, between ■
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state; that the legal notice, a printed copy of which is hereto) annexed, was ; l.25tb and 130th ( l'as'h. Tax Map
published in the entire issue of said newspaper for .......... and t Al '! ii ot� (1 'ands CO., ash. Cps
d e spaper f .......... .... successive an Tax Map ,l$ • 660, ',Nit to '100 oft
101)which ecisiCouncil, been appealed
,, consecutive weeks in the following issues ......,_........,. 4 the City
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(Summer Lake)
' ' March 18 X32, 1978 ............ b1'PEAL CONDITIONAL USE
--� .........................................................., e Planning Commission denial of a
• request by Security Sign Company for•
....a_........ .1 .1../,. . '"/ 4l, / ''''' • ,. 1 '”.t'lA A•" wY n 1
sy
s si, in'vii:) 're.pe a signing for e
Subsc�cibed and sworn to before me this 2 3rd "'ondary�,d cess point from Pacific 4
Highway (be'
tatioa wveen the Mobil Service
day of I��ig r�wa
. and Wayside Inn),SW 09th Avenue, n �,northeastbf
arc 10 , venue, soutitsi. a of Paolfie
..,.•.................... Highway
4 4 h any (`l 'aSh. Co. Tait Map Si I 1 •
, 36A1, Tax Lot 6604) which decision
' �° '` lass been appealed to the City.CC�tttr�il,
.w .......... Testimony will be limited to suinit a
otary Publ of Oregon •ton pit. revious statements.
My corrim si ' BY ORDER;OF Tilt CITY COUNCIL
y is on expires .. 19..z. Doris ar tig,.i
ity Recorder
'IT j601 Publish March
18, 22,'1973
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OREGON STIVE
°.a, p . 1114R
9/w; s `<< HIGHWAY DIVISION
(1--■ *114'0 /978 CTh
' '' f DISTRICT 2A ENGINEER
P,O. BOX 565 • BEAVERTON, OREGON • 97005 • Phone 229-5002
ROBERT W, STRAUB
GOVERNOR
F.B.KLABOE
Administrator and March 23, 1978
Shits Highway Enginaor
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Mr. Way L , General Contractor, Inc.
5210 . 26th Street
p1and, OR 97202
RE: Road Approach
Wayside Inn
Pacific Highway 1W, ORE 99W
City of Tigard
Dear Mr. Lee:
At your request I am writing regarding your request
for a sign at the northerly approach to the Wayside inn - Coco's
complex
Approximately a year and a half ago you approached
this office requesting a road approach permit for access to
your proposed motel . Though we were reluctant to place another
approach on your frontage it was discovered that there was a
short section at the northerly portion of your frontage where
the access rights were not purchased, You did have a legal right
for access in that section. We granted a road approach under the
following conditions.
1 ) The road approach be constructed in such a manner
that it would only allow right turns from and right turns into
the facility. This restriction was in conformance with the wishes
of the Tigard Planning Commission. We concurred with their recom-
mendation.
2) That the road approach be designed, constructed and
signed to meet our specifications and permit requirements.
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We feel that the matter of directional and/or adver-
tising at this access is an on-premise sign matter and comes
under the jurisdiction of the City of Tigard. Any advertising
or directional signing mentioning the name of a business must
be on private property and not on Highway Division property.
Sincerely,
William W. Geibel
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DISTRICT ENGINEER
WWG/rjg
cc-, Tigard Planning g Commission
Mayor Bishop
City Administrator Ray Barker
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MEMORANDUM
TO: City Council
FROM: Dick Bolen
SUBJECT: Way Lee Sign Code Variance Appeal
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DATE: March 23; 1978 191tir'
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The applicant is appealing the Planning Commission's denial of a
request, to sign the_DsimiIg of the Wayside Inn on SW Pacific
'- Highway. The Planning Commission did approve placing two signs at
SW 69th .
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The Planning Commission's decisie 4ailagg.d._112on the need to confine
left turn traffic (coming" . rom 1-5 Freeway) to SW 69th which is
schedulJa137- 17Egiriation7--Th-g-Mairrh-g-CUMMI-66-ig-nmUrned
-MIT-1717signing a exit would tend to encaumaga-IwZt-t141.11
The applicant admitted at the Planning Commission meeting that the
subject sign would have exit on one side and entrance on the other.
The Planning Commission found this to be contrary to the original
conditional use approval which stated that the primary access would
be I. a si. ' 1. 4-4.-a4e.x.s44ona1 ,_and the exit drive
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( Therefore) the Planning Commission approved that portion of the
applicant ' s signing program (he now g_ .,.
approved) which dire has three free eta thil signs
cted traffic to thd-OTE-Ttreet intersection.
wa..0 ***grow
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4 CIY OF TIARD' RECEIVED T'IGARD CITY TIGARD
flC C('‘Y T
P.O. Box 23397 ��
. 12420 S.W. Main 21 1 f
Tigard,Oregon 97223IT
F TIGARD
March 15, 1978
Mr. Way W. Lee
•i ti: 5210 SE 26th Avenue
Portland, Oregon 97202
Re: Conditional Use 30•-76 Appeal
Dear Mr. Lee:
Please be advised that the Tigard City Council has set a public hearing
regarding the above mentioned appeal for 8:00 P.M. on March 27, 1978
at Fowler Junior High School Lecture Room, 10865 SW Walnut Street,
Tigard, Oregon.
If you have any questions regarding the hearing, please feel free to
contact me or the Planning Department.
Sincerely,
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C "LL , c t
Doris Hartig (j
City Recorder
DH:lw
CO: fob Pershing
•'..). NOTE: the following acknowledgment must be received by the City of
Tigard before the date of the above mentioned public hearing.
railure to do so may result in action by the City of Tigard.
I hereby acknowledge this letter documenting the date of public hearing
as set by the Tigard City Council. i have received and read this letter.
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a.� ::00/01'' A fir►..t' «fir'
dr Signature Date
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RECEIVED
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CITY OF TOW
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February 17, 1978
CLkSc.D-'7C,
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City of Tigard
City Council
Members of the Council :
The Tigard Planning Commission, on the meeting of February
7, 1978 denied the request of the Wayside Motor Inn to amend
Condition No 6 of a Conditional Use Permit with respect to
signing for the access point from Pacific Highway (between
the Mobil Service Station and Wayside Motor Inn) Washington
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County tax map LSI 36AD, tax lot 6504,
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We wish to appeal this decision to the City Council. •
o We feel very stronly that this sign is necessary to help
direct traffic, that has missed the 69th St, entrance into
the motel . It will help simplify the problem, which can
be very hazardous and confusing to people not familiar with
the area. Your serious consideration to finding a workable
solution to this problem would be deeply appreciated
Thank you,
SECURITY Sir, INC.
Robert Pershing
Sales Representative
RP:tir
430 $.E.TWELPTH AVENUE POWILAND, OREGON 07214 (508)202..4172
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. CITY OF TIGARD
b•'nkl ll At 0 ' •
o. P.O. Box 23397
12420 S.W. Main RECEIVED FEB 9 73
Tigard,Oregon 97223 5
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.' February 14, 1978
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CITY Off; "iciRD
Mr. Way W. Lee
5210 S.F. 26th Avenue
Portland, OR 97202
Re: CU 30-76
Dear Mr. Lee:
a Please be advised that the Tigard Planning Commission at their
regu;.axe meeting of February 7, 1978, denied your request to amend
Cond:►t: on No , 6 of a conditional use permit with respect to signing
for the secondary access point from Pacific Highway (between the
Mobil Service Station and Wayside Inn) . (Wash. Co. Tax Map 1S1 36AD,
Tax Lot 6504) This request was denied based on staff findings.
Actions of the Planning CommisAon are final unless notification
of appeal to the City Council is filed with the City Recorder with-
in 20 days of the Planning Commission action.
If we can be of any further assistance, please do not hesitate to
contact me at this office.
Sincerely,
aljg
cJJoi n Laws
kt
a Associate Planner
JL/blcm
cc: nob Pershing
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Mr. Way W. Lee
CU 30-76
Page 2
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Note: The following acknowledgement must be received 'by the
City of Tigard within fourteen (14) days of your receipt
of this letter, Failure to return this acknowledgement
may result in action by the City of Tigard.
hereby acknowledge this letter documenting the action of the
Tigard Planning Commission. I have received and read this letter.
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Signatuie' Date
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REGULAR PLANNING COMMISSION
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MEETING OF
February 7, 1978
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EXCERPTS CONCERNING ZONE CHANGE SCA 1-78/WAYSIDE INN
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PERSHING: My name is Bob Pershing and I'm the sales repre-
• sentative for Security Sign Company. My address is 436
, S.E. 12th Street, Portland. I am here to represent the
Wayside Inn.
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A year or so ago when this motel was first being proposed, I
came to the City of Tigard to Nancy Edwards and Rick Daniels
to discuss the sign program. We were concerned with putting
up a sign that would be attractive and enhance the overall
appearance of the motel and surrounding community. I feel
. • e that I was misrepresented by Nancy Edwards and Rick Daniels.
In fact, I was misrepresented. I told you our concern was
to put up something that looked nice and would do a good job.
4 - I asked them what their recommendations were They, at that•
time, stated to me that by the time that the permit for this
•% sign would be approved, the new sign ordinance would be in
' effect. So, they recommended that we design according to
Lho new sign code. To the best of my knowledge, the new sign
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code has not been approved at this point. I was giv-an this
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permit last May. To be quite honest with you I'm a little
bit put out by it because I'm embarrassed with my customer
d * because i had some competition in there that was telling him
he could do something else and I told him he couldn't do it
because I was told by the city of Tigard that X couldn't do
it. So, I have a little bit if egg on my face, and I think
it was uncalled for. I think it was something that they told
It that they had no right belling me. The purpose of the sign,
as you well know, is to identify the motel - to tell the pub-
• - lie whore it is and to invite them to come in. That' s what
• it' s all about. The sign that we ended up with is too small.
• It does not do the job, The motel has been there since Sept-
.
.: 1 tembar and the owner has had numerous complaints from the
people that come in stating that they have had problems find-
ing the motel, that they have driven by it three or four times
because the entrances are not adequately marked. So, what
we're proposing to do now is to alter what I feel the hard-
, . * ships that the City imposed on Us at that time by identifying
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-hr entrances to the motel.
What we would like to do is place an ntrance sign - you szly
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Ln .ntir0 six feet by zcive feet, In reality they're about fo)ir:
• by fi.v.e feet and they' re a couple of feet of the groun..1.
oi!Ilf: WO want La do is lace one on Pacific aighviy to incouragl
- f,r12!!ic beforo it lots to the motel to slow down and turn
69th street, Aftilr they ' re on 6th, there would bn anothr.v.
! I in c,)co' s parkimj lot to ,linlet thorn into the parking ea
The purpose that we aP. for in entrancti sign on
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the secondary access road is to inform the isubUc that if
: . they miss the entrance, there is another entrr,Ace to the .
. , motel. it happened to me tonight as I was going to meet
. Mr. Lee at the motel. I drove past it. I was thinking
•. . about the meeting tonight and drove past the entrance of it.
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I think it is important to inform the public - noh to encourage
them, just inform them - that if they did miss it that there is
, another entrance to the motel. Were not encouraging that as
a primary access road; were just letting them know that if they .
.. missed it that there's another way to come in just to make it
easy on them. There have been numerous complaints from the
people staying there because they have driven back and forth.
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, The Pacific Highway is a busy street and it isn't easy to
• turn around on, especially after dark and if you're not familiar
with the area. We do have a sign that is 5' x 14 and is off ...
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the grourl, so 1 imagine you would classify this as a 14' x 12 '
. sign. That sign states that there is an entrance on 69th Avenue.
Well, I an sure we have all been in the position whete we are in
. a strange town and don't know 69th Avenue from 137th Avenue. ,
That tells the public nothing. That doesn' t tell the public
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. , where 69th Avenue is. So, in my opinion, it tends to confuse -
the public. I feel that it is not an unfair request. In
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sure there are a hundred things I thought about tolling you ,
. that I havo forgotten. That' s basically my feeling. I hon -
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. . estly do fe.)1 that I was given a raw deal when it came to
. Issuing the sign, My client originally wanted o pub up it
large sign, as high in the air as he possibly (.::. ad; and we
. ended up with the low-profile sign, something that I feel looks
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nice, but is just not doing the job. Mr. Lee has spend millions
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of dollars developing that land, and he has to have a return. on
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it or else there is no sense in having a motel there. Now, I 'm
sure you have some questions.
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POP?: Mr. Pershiag, first of all, maybe I can shed some light,
III At the beginning you mentioned about Nancy Edwatds and Rick
Daniels leading you astray or not giving you the straight facts.
Neither one of those people is here tonight. First of all, as
you know, Rick Dlniels is not on the staff any more I think
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iayba a little background right add ame understanding to that,
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I think those people WIL out of their way in an effort to help
you, rather than 11.::°: '-r ycu. I don' t think they misled you in
any way, shlpLI, or form. They informed you that we would have
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a new sign code ordinance undoubtedly in effect prior to the
tir:e you put that up. To the best Of their knowledge at that
tire vi,,1 anticipated having a new sign code ordinance in effect.
If yo.i. followed the circumstances on the :ATI code ordinance,
when it came up for a haring there was a lot o discussion .
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about the pros and cons of it and, consequently, what we did
wls to forr what was reforred to as a "blue ribbon committ-le, "
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Zone Change SCA 1/78/Wayside Inn
. , which was people who were in the sign code business and other
business people and Staff people, and so on. They all worked
together and came up with revisions. This delayed the imple- •
mentation of the new sign code provisions for a considerable
period of time. The point I wanted to make was I think both
• Mr. Daniels and Miss Edwards went a long way in an effort to
encourage you and to help you and to assist you rather than to
hinder you. I don't think they misled you in any way, shape,
or form. I don' t think they threw the screws to you. I don' t
like the implication that they put it to you because I don't
think they did. The people -n the staff at that time went a
long ways to try to help you rather than be a hindrance,
PERSHING: It's late and I'm sure everybody is tired. I didn' t
mean for it to come out like that. I'm sure that at the time
they were trying to help me, but the 'point is, when it was all
:1)1 said and done, that wasn' t the way that it could have been done.
• .-v„. POPP: Would you have enjoyed it more if you had put up a taller
sign and then had to take it down?
A PERSHING: No, I wouldn't have,
POPP: grad then hctd to remove the sign in a few months?
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PERSHING: No, not at all.
. ! POPP: That would have been a lot more expensive.
PERSIIING: I'm sure there would have been a longer moratorium
• than a few months. I didn' t mean to imply that they were lying
to me. I'm sure at the time they had good intentions. I apo-
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logiZe to them.
" POPP: Is there anyone wishing to testify in favor of this pro-
, posal?
POP?: Is there anyone wishing to testify in opposition?
, 0 POPP: May we have the Staff ecommendation please?
STAPP': Yes, Mr. Chairman. I'm glad you spoke in defense of
" Staff beause i was going to do the sarr:I, so leave it at
that. The only other point I would like to mke is that the
free-standing sign coda has been amIndel and passed by the
City Council and is in effect. s1 upon that, Staff re)com-
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mends denial.
POPP: My cross examination or rebuttal?
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PC MTG 2/7/78 .
Zone Change SCA 1-78/Wayside Inn
CORLISS: I have a question. When you were making your
presentation you said you were going to have a slow-down
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point so that people would know they were getting close
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to the motel. Would you show us on that map what you were
speaking about.
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- PERSH/NG: Right here, ac you know, is the free-standing
sign for the motel. Wh.F..t we propose to do is locate a sign
right under the "Reuben' s" sign to slow the traffic down be-
fore they get to the entrance. What it would do is slow the
traffic down to direct it onto 69th down into the parking
area of Coco' s, and then a sign here will direct the traffic
up into the parking area of the motel. Simply, all we are
asking to do is to tell the people who mir5sed the first en-
trance that they can turn into the secondary exit. We're
not trying to encourage people to do it. We're trying to
avoid a traffic hazard. I'm sure we' ve all tried to turn
around on this street at one time or another. It' s hard to
do with the traffic, and especially if you're not familiar
with the area. So that' s the purpose. This is a sign that
is readable on both sides. It would have the "Motel Exit
Ony" on one side so it will not encourage people coming
his direction to turn in here. It is well marked anyway
with "Do Not Enter" signs and everything else,
CORLISS: That' s to tell the people coming to Portland that
they are getting close to the motel.
PERSHIW: That' s right. /t ' 3* just to tell them slow down,
you're getting close to it. From a traffic hazard stand-
point, it' s necessary to give them plenty of time to find
the route they want to take to find the motel. The motel
$ : has been there quite a while now, and they've had one com-
plaint after another from people trying to find it. A few
people will keep looking, but if you're like I am, if I miss
the first one I keep going until I find a good motel, He
loses a lot of business that way.
QUIMBY; On this road, the second one that you're talking
about, where you would have an exit sign that would be point-
, int towards Portland, where you're proposing that traffic
t going north can turn in there, to the best of my recollection
that jS only a one car lane.
PERSHING: No.
QUIMBY: 18 it two*?
PERSHINt.1: Right. It's a well-ptivad road.
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PC MTG 2/7/78
Zone Change SCA 1-78/Wayside Inn
QUIMBY: It's right there by one of the filling stations.
PERE- 1NG: It' s before you get to the filling station.
QUIMBY: It' s where the traffic starts getting ready to pull
into the station. Are you not possibly creating a hazard
with people at the motel thinking this is an exit road.
PERSHING: It is an exit. That' s what it is there for.
QUIMBY: Yes, but you're pospoSing that people enter there
also, You're saying that it is an exit road, but you're
having cars enter it. If some of the people leaving the
motel have imbibed just a little bit, are you not creating
a hazard for these people?
PERSHING: These people are going to be a hazard no matter
where you are. I don't think so, because it is very clearly
marked.
. , . . tape changed here, some of question lost.
QTTIMBY: It got to be one way or the other. If you' ve got
"Do Not Enter" what' s going to happen to those people that
.1 . come in?
PERSHING: Some people are going to do it no matter what.
no matter how well it is marked, or whatever. The State
designated the sign program and it is very clearly markod.
I don' t think it is going to create a problem,
POPP: The original intent on this drawing showed this rood
to be coming up at an angle. It was specifically stipulated
• that this would be an exit only. I feel very strongly that,
by posting any type of a sign, whether it is up here, or here,
and co on, with the way this road is built, we' re doing noth-
, Qk ing more than encouraging this for another entrance. Now,
as he stipulated, when you' ve got the sign for the Wayside inn
•
over here and " xEit only, " if they don' t see "Vintrance" and
"69th" here, then they aren't going to see "Exit Only down
here, either. That' s going to encourage the use of this as an
entr 'tee.
PERSHING: The problem with the larger sign is that it' s back
'40 90 feet off the road, It is hmrd to sec at night. This sign
is closer to the street and ha.5 n little bit larger letter
that makes it lasier to read. If I'w not wistak..m, this roaa
WO3 0,:lsignathl to be an entranele and an e;tit,
• 0
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^ •
^ . t'
•
4
•
4e
PC MTG 2/7/78
Zone change SdA 1-78/Wayside Inn •
GOLDBACH: O. In Planning Commission and Design Review
meetings we went over and over this. The road is definitely
designated as emergency entrance and exit only. It was not
supposed to be an entrance,
. PERSHING: Maybe I'm wrong,
WA7 LEE: Originally designed by the State, it was supposed
to be ingress and egress by the State Department in. Portland.
After that, Mr. Daniels said it would be better to encourage
people going down 69th. Originally it was supposed to be
• . ingress and egress out of there for motel use only. It would
be a very natural tendency for a person to go into there easy
•
by turning into the right and going up the freeway toward
Portland. It was designed that way. I talked to the State
and that' s the way it was designed to have use for the motel
only.
POPP: I' ll make just one comment. I' ll tell you why I 'm so
clear and vivid on this point. I remember a great number of
the members of the Planning Commission at that tine were totally
°
opposed to any road being up in this location - or even an exit.
They were opposed to it, I was in favor of it only so long as
it served as an exit. I pushed and pushed hard that this road
would be an exit. On the drawings and on the map and on the
plan this was an exit only and the road swung up here at such
an angle that it could only serve as an exit, That traffic
coming up here did not have an opportunity to make almost a
u-turn to cut back down.
WAY LEE: No way. I've never seen anyone do that.
POPP: Well, the way the road is designed on here now and
with the sign being posted here I am afraid that this is what
it would encourage»
WAY LEE: The State authorized certain things: "Do Not Enter, "
"Right Turn Only, " going out. Coming in it is "Do Not Enter"
. r a certain way. You can not come back in.
POPP: The State has stipulated those signs be up there.
WAY LEE: We're trying to get a directional sign to try to '
help people - not an advertising sign. I' ll tell you what:
happened in the month of January. We had 20 cases of people
coming from the Greenwood Inn, trying to find the placeait.tnout
of
One of these days someone is going to miss the place and go
down the highway and try to turn around and get into a big
accident and gat hurt trying to find the Wayside Inn. I
6.
PC MTG 2/7/78 ,
Zone Change SCA 1-78/Wayside Inn ,
have older people coming from out of town coming through
thete saying "Why don't you have a sign there saying entrance
so if we miss it we can go in?" We're not trying tocpt people
in there. The regular people, like the salesmen, know the •
. exit and they are going to come in there anyway, I'm talking
about the older people from out of town sent by other motels
that are full trying to find ib. We know of 20 cases this
1 month of people turning around down there and coming back.
Two of them almost got hurt. They came in there all shaken
up at around 1100 p.m. I worry about that.
POPP: Let me ask you something, Mr. Lee. A person is coming
up the highway and doesn't see your sign. Suddenly he is
approaching here and now he sees your sign, "Exit Only. "
WAY LEE: It doesn' t say "Exit. " It does not say "Exit. "
On one side it ways "Exit. " It says "Entrance Only. " There' s
a split island there. There' s a three-cornered island there.
One side is "Right Turn Only.
• POPP: Is this used for an entrance?
WAY LEE: Yes. This one is used for an entrance.
STAVV: No. That's what I'm trying to pick up here tonight.
That is incorrect. I' ve been confused by this whole thing.
Now I realize what' s going on. It is a secondary egress only.
It is not to serve as an access egress. You're proposing an
"Exit Only" and "Entrance Only" sign.
WAY LEE: It is an entrance. The State says there' s an ingress
and an egress.
STAF?: It doesn't matter what the State says, Mr. Lee. It' s
what the Planning Commission required of that development,
not what the State says it is.
, to
WAY LEE: The people told me at that time to go to the State
and whatever the State allows us to do at that time was ingress
and egress. You read the document. Ingress and egress is what
it says on there.
- )
• COLDBACII: The only reason that we allowed that exit road there
was that the loan requirement for the property said that he had
to have a tie directly to 994.
MDT: That is corrocIL.
GOLD8ACU: That' s why we allowed that, Otherwise it would not
hav:$ hqpp,...tned.
7 ,
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PC MTG 2/7/78 ,
Zone Change SCA 1-78/Wayside. Zr n
WA? LEE: I have a report with access into S.W. Pacific
Highway to combine with existing Mobil exit point and be
designated for right turn only into and out of the site
approved by the state Highway Division, November 22, 1976k
Article No. 1 by M . Rick Daniels. I' ll read it. Do you
' . want me to read it?
POPP: Please just bring it over here.
. . .some discussion, not clear on tape.
POPP: Any further discussion?
POPP: The motion has been made and seconded that it be
denied based on Staff findings. Any further discussion?
POPP: If not, all those in favor signify by saying "aye. "
POPP: Those opposed?
) POPP: The motion is denied uwalimously.
ot,„. •
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8.
. 6miusimmimimmimiriumminimme
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1 A
MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Fowler Junior High School - Lecture Room
10865 S .W. Walnut - Tigard, Oregon
1 . Call to Order:
The meeting was called to order at 7:30 P .M.
2. Roll Call :
Present : Brian, Corliss, Goldbach, Quimby, Rossman, Sakata,
Popp.
Excused Absence: Tepedino, Wood
Staff: Laws, Chaidez
3 Approval of Minutes:
The minutes of January 10, 1978, were not approved as they
were inadvertently left out of the packets.
4 Communications:
None
5. Public Hearings :
5 . 1 Zone Change ZC 28-77 (Lutz) NPO 7
A request by Amart Development Co, for a general plan and pro-
.
gram review of a single family residential plavned development
to include 261 single family units and 126 attached single
family units for a 99 .91 acre parcel south of Scholls Ferry
Road between S.W. 125th and S.W. 130th (Wash. Co Tax Map 181
33A, Lot 502; and Tax Map 181 33D, Lots 100 and 101) .
A, Staff Report:
Read by Laws
B, Applicant 's Presentation :
Al Benkendorf, 620 S ,W. 5th , stated that he would reserve
his comments until after the staff recommendations had
been given,
C. Public Testimony:
,Allen Patterson, 11605 S.W, Manzanita, expressed concern •
that the parcel or land which he owns will, become landlocked .
" ,
IMINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 2
D. Staff Recommendations:
•
Based on Findings of Fact and Conclusionary Findings,
staff recommends approval of the general plan and program
and zone map amendment from Washington County RS1 to City
of Tigard R7-PD with the following conditions :
1 . That the bikeway and pedestrian plan as submitted be
amended, according to the attached exhibit A, and in-
.
elude the following:
a. An 8-foot wide asphalt bikepath along the S .W.
Scholls Ferry Road frontage.
b. 8-foot wide concrete bikepaths be provided along
only the collector streets within the development .
c. That the bikeway behind lots 10-14 be deleted.
d. That an approximate 80-foot long bikepath from
S .W. Glacier Lily Lane be provided between single
family detached lots 9 and 10 .
• 4
e . That a bikepath be provided around the east lake.
T. That a bikepath from the area described as lots
161-164 be provided on the southside of the west
lake where it would connect with the bikepath on
the greenway to the east ,
g. That the bikeway be constructed within Phase I ,
to include Scholls Ferry Road, the bikepath around
the east lake, along the south side of the west lake,
and along the collector streets.
) h, That the entire greenway and bikeway system be sub-
, ject to design review and improvement plans for the
areas marked X on exhibit "A" also be submitted
(to include benches, picnic tables, etc. ) .
2. That the "itision easement" between single family detached
iL lots 14 anti 15 be increased; that an additional "vision
easements" be provided between lots 11 and 12 (this
can be accomplished by shifting lots IO and 11 in a
westerly direction) .
. *.
3. That single family detached lot 64 be deleted and this
area serve as a vision easement within the open space
•
area.
4 . Lots 161-164 be deleted as singlo family detached homes ,
•
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• MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 3
and this 1 . 1 acre area become part of the open space
area and that this area be included within Phase I .
•
5. That all cul-de-sac streets over 150 feet in length
be developed on a 45-foot radius.
• 6. That landscape islands be provided within the cul-de-
sacs, and a landscape plan for the cul-de-sac islands
be submitted for design review, and that maintenance
, responsibility for the landscape island be prescribed
to the Homeowners Association.
7. That a cul-de-sac with a landscape island be developed
on a 40-foot radius for single family attached lots
85-93.
8 That 5-foot wide sidewalks be provided along both sides
of the local streets (deleting them within the cul-de-
sac) .
9. That covenants be attached to the deeds of single
family attached lots 1, 19-23, and 121-126 restrict-
, • ing access from S.W. Scholls Ferry Road.
10. That street improvements for S .W. Scholls Ferry Road
be provided per Oregon State Highway Division require-
.
ments.
11 . That a bus turnout lane be provided along the S .W.
Scholls Ferry Road frontage (exact location to be work-
. ed out between the applicant, Beaverton School District
48, and Oregon State Highway Division) .
12. That S.W. 130th be vacated between single family at-
tached lots 85-88.
13. That the street tree plan and signing program for the
development be subject to design review.
14. That no final plat be recorded for any Jots within
Phase I until such time as public sewer service is
available to the site.
15. That all attached single family units be subject to
design review
E. Rebuttal
.A1 I3enkendorf, 620 S.W. 5th, Planning Consultant, stated
that they concurred basically with the intent of all the
conditions, but differed in their implementation, Conditions
,
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d.
MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 4
1 and 2 were acceptable, Conditions 3 and 4 caused the
most concern. They felt that a significant reduction from
the original number of units had already been made and that
the six acres of open space was plenty. Conditions 5 and 6
requiring landscape islands in cul-de-sacs was inconsistent
and a solution should be worked out with the Fire District
as to radii . Condition 8 would not be adhered to in only
one instance (Glacier Lily Lane) where the sidewalk would
only be along one side of the road in an attempt to create
a rural, informal atmosphere, All other conditions were
\• fine.
.Darryl Bailey, 12420 S.W. Summercrest , expressed concern
with the dike across the lake and the flow of water under
it
• • .David Evans, 200 S.W. Market , Consulting Engineer, stated
• they wound improve and maintain the dike, add to the re-
tention capacity of the lakes , modify culverts under the
dike, and raise the road level over the water.
Goldbach expressed concern over the fluctuating weir system
. • and who would be responsible for It
.tvans answered the weirs would be enlarged and City of Ti-
gard would maintain the facilities as a public area.
.Brian disagreed with deletion of lot 64 in that it would
benefit only 1 or 2 2 other lots .
.Evans stated a vista could be opened at lot 60 by decre'• sing
the size of lots 61-64.
.Quimby was concerned with the soil stability and flooding.
Avans stated none of the lots encroached into the flood
plain, that they hadn 't developed fragile areas , the drain-
age problem had been addressed during the design process.
.Brian questioned the elimination of sidewalks in the cul-
de-sacs.
Staff stated that the Planning Commission on previous ap-
plications had eliminated this requirement ,
.Staff further stated that the Landscape islands, as recom-
) mended by staff, be maintained by a Homowners Association .
•Evans stated they had no intent for a Homeowners Association .
Sakata asked about sewer ti,vailability.
•
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• MINUTES
TIGARL PLANNING COMMISSION
February 7, 1978
Page 5
.Evans stated U.S .A. had the proposal and would begin con-
. struction, hopefully this summer.
F, Commission Discussion :
.Quimby was concerned with the city's takeover of lake and
flood control and felt the developers should be responsible.
She also felt there was no need to eliminate lot 64 ,
Corliss felt city of Tigard should be responsible to assure
that someone would take care of it and agreed there was no
reason to delete lot 64; she also felt lots 161-1r14 should
be retained for single family units,
.Sakata was concerned (1) over the lack of school facilities,
(2) with construction on soils near the lake, (3) with an
open space area at lot 60 or 64 to answer boating concerns,
(4) that the Planning Commission had deleted lots 161-164
in the original discussion, and (5) setbacks were too small .
.Goldbach saw no reason to exclude lot 64; felt the cul-de-
.
sac idea was good; questioned the necessity of 2 sidewalks
on Glacier Lily Lane and whether the city wanted to accept
the open space area as park,
.Brian felt lot 64 could remain; lots 161-164 were okay to
, remain and provide housing on the lake; the area was in-
accessible to the majority of the people - parking and ac-
cess to the lake were a problem; the dike should be subject •
• to the approval of the city; setback should be subject to
the approval of planning.
d
.Laws stated recreational uses have not yet been established,
• but should be limited.
.Popp stated lot 64 should remain; lots 161-164 would be
better suited as single family homes than public access as
this wasn't a good area for boating and should have only
minimum use as such; the 40-foot radius for fire trucks
was okay and landscape islands were good; the schools
were the responsibility of the public at large, not the de-
velopers; sidewalks need consistency and conformity; the
dike should meet approved standards,
,Laws recommended revision of the following staff conditions :
(2) that the "vision easement” between single family de- •
tached lots 64 and 65 should also be Increased; and that
an additional "vision easements" be provided between lots
61 and 62; and that the phrase "to the Homeowners Assocl-
ation" ' in Condition 6 be deleted and the following wording
• inserted: "as part of the Declaration of Restrictions
for Summer Lake . "
r.
MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 6
.Brian moved for approval based on staff 's recommendations
and revised conditons and adding the following conditions
16. That the design of the dike and flood control appar-
. atus be subject to city approval .
t
17. That variances from the setback requirements of the
code be subject to the Planning Director's approval .
18, That lots 161-164 be developed during Phase II as a
public parking and recreation area.
.Popp seconded the motion,
,Quimby requested that the motion be amended to include an
• additional condition, (19) That soil stability tests be
provided for lots adjacent to the lakes,
• .Brian accepted the amendment .
• ,Evans agreed to soil stability tests,
. .Laws suggested change of language in Condition 18, "develop-
ment of this area be determined by the Park Board. "
, •
.Quimby expressed concern over the pubLic paying to maintain
a private lake.
J3enkendorf suggested waiting to decide on lots 161-164
• until Phase II of the development,
.Popp clarified Phase if will be 1L-2 years.
eBenkendorf suggested a management program from the City
of Tigard to address some of these problems.
.Brian changed his. motion to delete Condition 18 and re-
instate Condition 4 and adding, "development of this
area be subject to Park Board review. "
.The motion was passed 5-2 : Yes, Rossman, Corliss, Brian,
: f Quimby, Goldbach; No, Sakata, Popp,
5.2 Minor Land Partition MLP 15-77 (Kelleher) NPO 4
A request by Phillip Kelleher to partition a 1 . 77 acre parcel
into three lots: 1.22 acres, 12 ,600 square feet , and 11,200
4/. square feet respectively in a R-7, "Single Family Residential"
zone at S.W. 78th and Pfaffle Streets (Wash . Co . Tax Map 151
86 CA, Tax Lot 5400) .
A. Staff Report :
,
•
MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 7
Read by Laws
B. Applicant' s Presentation :
.Phil Kelleher, applicant, explained the condition of the
entire street as needing improvements and one little strip
in the middle wouldn't improve the condition of the rest
of the street ,
•
.Laws stated the city has been requiring non-remonstrance
agreements for LTD's along some streets, but this tends
to prolong the need to improve upon an already poor situation ,
.Sakata stated it was time to improve sub-standard streets.
.Quimby felt not insisting on the improvements was setting
a dangerou precedent and that LID' s are not successful .
.Kelleher explained the reasons for the voluntary annexation
of this parcel of land to the city; that he wasn't a developer;
that he would be agreeable to a non-remonstrance agreement ;
• and stated the price range of the proposed houses.
,Laws suggested making improvements only on the two northern
lots.
,Kelleher restated that tlie ontirr, street needed improvements.
.Corliss can ' t see the sense of only 100 feet of paving and
wanted to wait for a LID; she felt each development should
be judged separately.
.Laws stated Kelleher could be credited if he improved the
street now and the rest was done later under an LID; he
felt the Planning Commission should provide staff with a
directive so that this could be applied to future develop-
ments subject to administrative review.
.Goldbach suggested referring tr the City Council ,
,Popp felt it would be unfair and an unjust burden on one
developer to force him to improve; that these were unusual
A
circumstances that would j
• •
MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 8
.Popp seconded the motion .
.Quimby felt the improvement should be along all three lots
instead of leaving just one corner,
.Goldbach disagreed, saying the existing house should remain
.
as it is.
.Brian felt the motion didn 't incompass enough or required
too much.
.The motion failed, 7-0 ,
.Popp moved that a half street improvement (no curbs and
sidewalks) be provided along the S .W. 78th Avenue frontage,
and that the applicant agree not to remonstrate against the
formation of a local improvement district for the balance
of the street improvements to S .W. 78th and S .W. Pfaffle
Streets .
.Brian "leconded.
The motion was passed 5-2 : Yes, Popp, Quimby, Brian , Ross-
man, Goldbach; Yo, Sakata, Corliss .
5. 3 Conditional Use Amendment CU 30-76 (Wayside Inn) NPO 4
A request by Wayside Motor Inns to amend Condition 6 of a con-
. ditional use permit with respect to signing for the secondary
access point from Pacific Highway (between the Mobil Service
Station and Wayside Inn) , (Wash . Co . Tax Map 1S1 36AD, Tax
Lot 6504)
A . Staff Report :
Read by Laws
B . Applicant 's Presentation :
.Bob Pershing, Sales Representative, 436 S ,E . 12th , Port-
. ) land, felt he had been misrepresented by staff who told
him a new sign code would be in effect and constructed
the sign according to the new code dimensions and the new
coda had not yet been passed. He Ycit the existing si.gn
did not do the job and the entrance Was hard to find, The
proposed signs are 4 ' x 5 and wonld indicate a secondary
HP access road to inform motorists or another entrance to
the motel .
,Popp stated that Mr, Pershing was not mtsropresented by
staff who actually wont out or their way to assist htm in
• every way possible and explained how the now sign code had,
been delayed,
,‘ •
MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 9
.Staff stated that Mr. Pershing was in error, that the
sign code has been amended by ordinance.
C. Public Testimony:
None
D, Staff Recommendation:
Staff recommended denill .
E. Commission Discussion and ketion :
.Corliss requested sign location on map by pershing.
.Popp stated that the original plan stipulated the exit
road be strictly exit with absolutely no entrance.
,Way Lee stated it had been intended as both egress and
ingress.
,Popp stated the Planning Commission had been opposed at
the time to the road being there at all .
.Lee stated the proposed signs were needed for safety
.Laws stated the Planning Commission okayed the street only
to he used as secondary egress.
.Goldbach moved denial based on staff findings.
• 40
,Quimby seconded and the motion passed unanimously.
5 .4 Sign Code Appeal SCA 1-78_(WaysidftLrill NPO 4
A request by Wayside Motor Inns for a variance to Title 16 ,
Sign Regulation (Section 16436.040 (3) (A) Vree Standing Signs
on a 3.15 acre parcel north of S .W. G9611 Avenue (Wash, Co,
Tax Map 181 36AD, Tax Lot 6504) .
A. Staff Report :
Read by laws
8. Applicant's Presentation :
Mr. Pershing felt ho had covered the reason for new signs
in his previous presentation,
C, Public testimony:
None
. .
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MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 10
D. Staff Recommendation:
' I Staff recommended approval of the variances to the sign
code as requested with the following conditions :
1 . That a site plan be resubmitted that indicates the
exact location of the directional sign on the Coco's
Restaurant premises.
2 . That a directional sign on the Plankhouse Restaurant
premises be located south of the existing Plankhouse
sign on S .W. Pacific Highway (exact location to be
determined during design review) .
3. That both directional signs be subject to design re-
view,
E. Commission Discussion :
.Popp asked if permission had been received from Coco's and
the Plankhouse to have the signs on their property .
• .Pershing verified that it had,
,Sakata proposed the new signs be added as part of the
Plankhouse sign.
.Popp stated the signs be subject to design review.
.Goldbach recommended approval of the variance based on
staff recommendations.
.Quimby seconded the motion .
A .The motion passed unanimously .
6. Other Business:
' 6 . 1 Sign Code:
The recommendation of the Slip Code Committee was presented
by staff,
Popp questioned the Oefinition or "outdoor advertising
sign , "
Laws stated it was essentially billboards and also said
a hearing was needed to review the sign code and verified
the public hearing data o February 28 .
0 ,2 Hoskinson Valance
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MINUTES
TIGARD PLANNING COMMISSION
February 7, 1978
Page 11
Laws stated that Paul Hoskinson had previously applied
for a variance (V 11-77) on street standards and having
T been denied was seeking a new direction in which to apply.
Popp stated Hoskinson should apply for a P .D. as these
were unusual circumstances.
7. Adjournment :
The meeting was adjourned at 11 :20 P.M.
•
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STAFF REPORT
AGENDA 5. 3 •
TIGARD PLANNING COMMISSION
February 7, 1978
. Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket Conditional Use Amendment CU 30-76
Request : To .amend Condition 6 of a conditional use permit for
the Wayside Inn with respect La signing for the secon
dary access point from Pacific Highway (between the
Mobil Service Station and Wayside inn) .
Location: Northeast of S.W. 69th Avenue, southside of Pacific
Highway (Wash. Co. Tax Map 151 36AD, Tax Lot 6504) .
• *.
Applicant : Bob Pershing (Security Sign Co . )
Findings of Fact :
1 . The site is designated on the Tigard Community Plrm, 1971,
General Commercial, and on the NPO #4: Draft Plan, Highway
Commercial , and zoned C-3, General Commercial .
. ,
2 On November 16, 1976, the Tigard Manning Commission apr
, proved a request by Way W. Lee to ' ocate a four-story
motor-hotel on the subject site with the following ap-
plicable conditions:
1 . The access onto S .W. Pacific Highway be combined with
the existing Mobil access point and be designed for
right turn only into and out of the site with approval
of the State Highway Division .
•I'. 2. Primary access to the motel be provided on S.W. 69th
Avenue with the parking lot driveway connecting to it
. .
on the south,
6. The secondary access point (between Mobil and Wayside
Inn) will not be designated by a sign encouraging its
use as an entrance point .
. 4
3, On December 14, 1976, the Tigard Design Review Board ap-
proved the site plan for the Wayside Inn with the following
applicable condition :
5. Access via the secondary access point onto S.W. Pacific
Highway be limited to the motel complex only,
7, Signing and striping program be developed subject to
staff approval regarding directing to S.W. 69th Avenue
and not onto Pacific Highway via the secondary access
drive .
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STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION •
February 7, 1978
\ . Page 2
.
4. The applicant is requesting to amend Condition 6 of the
Planning Commission action of November 16, 1976 , by pro-
viding a 6 foot high by 5 foot wide directional sign at
the secondary egress onto Pacific Highway from the Wayside. ,
•
Motor Inn
5 . The applicant has stated that the additional sign .age is
"simply to help direct traffic into the Wayside Motor
because the proprietors of the motel are "having problems
„ . with their customers being able to find the motel , be-
cause of its location. "
6 . There is currently a 14 foot by 16 foot high free-standing
sign on the site. This sign is located along the Pacific
Highway frontage about in the middle of the site. The copy
• on the sign identifies the motel and an incidential sign
below this sign serves to direct traffic to S .W. 69th.
7. The applicant feels that the relationship between the ac-
cess and egress points on the site and the existing signing
is not functioning; that motorists do not see the sign
identifying the entrance until after passing the access
into the motel at 69th and then attempt to enter the site
• I at the egress (exit point) ,
II . Conclusionary Findings:
1 . Staff concludes that this problem can be improved by the
signing program proposed by the applicant in his variance
submission under Agenda Item 5 .4. Placing a sign at the
egress (secondary exit) will be confusing and tend to en-
courage motorists to commit themselves to turning into the
egress from Pacific Highway.
2. Staff recognizes that some motorists have had difficulty
finding the entrance to Wayside Inn, but finds the best
solution to involve better identification of the en-
,- trance, not the exit . The signing program proposed by
the applicant under Agenda Item 5.4 appears adequate to
provide the additional signing needed.
3. That Condition 6 of Planning Commission approval of
November 16, 1976, should be adhered to and that no
signing should be placed in this area unless it says
"exit only" and in no way carries copy identifying the
motel .
III . Staff Recommendation:
' Staff recommends denial ,
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AFFIDAVIT OF MAILING i
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. STATE OF OREGON )
County of Washington ) ss, .
City of Tigard )
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P
I, Bonnie Martin, being first duly sworn, on oath depose and i
' say: L
ii
That I am Secretary for the Planning Department for
• the City of Tigard, Oregon r
.,
f
That I served notice of hearing of the Tigard Plan-
ning Commission
i
of which the attached is a copy (Marked Exhibit A) upon each of
.,,
the -ollowing named persons on the 74!t. day of
'
• . , _ , 197 , , by nailing to each of the at the l'
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a.Zress sh , n on the attached list (Mar%ed Exhibit B) , said notice 0
,
as hereto attached, dep sted in the United States Mail on the
day of , 197er , postage prepaid,
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a ., . .
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Subscribed and sworn to before me on the g-1. Ili day of
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.,1 AQUA 1Z`,1* 197 PIt
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My commission expires: 4-1141 i'l cli ,
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' TiGARD'
tPtI • CITY OF TIGARD
P.O. Box 23397
12420 S.W. Main
Tigard,Oregon 97223
• .
•
Dear Property Owners
0, The agenda enclosed for the next meeting of the Tigard Planning Commission in.,
eludes At item (Girdled in red) which, due to its location adjaeant property
owned or oocupied by you, or due to your previously indicated interest, the City
feels obligated to notify you,
• If you wish to make your views known in this matter, or if you only wish to
avail yourself of this opportunity to be informed conderning this project, the
Tigard Planting Commission invites you to attend this meetings
•
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"h`•, •
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• AGENDA
,, TIGARD PLANNINC COMMTSSAM
Pcbrua:ry 7, 19'8 3O P ,M,
Fowler 7uniot H gh - Lecture Room
9.74. Wa'gnut Street - Trgard, Oregon
' i “ Call
2 Roil ,:a17.:
Apt:-roal ot
•
Cimmlonicrs
.
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A, 3 tevt1 PupeLt
B, Appil,cant ' s PresentotioE.
2 Pbi i Testimony.,
a- P.coponent 's
b, Opponcntis •
oss-examinat ton
D • t r becommendat.Loh
Comm ;An D.i JCU 1on and Action
ZONE CRAW.M 4.t." 28-7 ? (Lutzl, NPO 7
A x,..-'..14121S7i. Cc,mpany tot a (lenncal plan and pyo-
jtam ?:uv.;ew 0".! famAy 1.-f... --ddential planned develop
.
wine, fI 'nclo.etf-.. 3 Lnq1 tamily ti and 126 att,.,-LK-A
r/41,, tam 1 y 1 or a 99 .91 a parco I south at Suhr_,11s
PC, i ,e, Road boole(-.....,n 3 V 3Q lh and W I35th (Wash. Co. Tax
• Mbp i j 3A, 500, and Tax Map 11 33D, Lots 100 and 101 ;' .,
5.2 MINOR EAND PP,i,TLT1uN M,E,P 15-77 (K(; Ltohur) NPO 4
A 1:e(11.0.4:at Oy 1t4Olp I L i t 1 appeal a condat2on required
• as pi : 1: (21 an adm_14vtratlye 6, Alon on a minot .(and pay:—
L' tiCI,A0g a uure par,c,„21. lated at S.W. 78th and
Ptaffl(.. OltocAs Co , '1'J Map 101 36CA, Tax Lot. 5400) .
• CUNDITIGNAL IOSE AMBNDMENT CO 30-76 tJklayside Inn) NPO 4
A requet b/ Ww.,./Ed(-. MotoL to amond a conditional use
per10, t Hi ie,,I. pet,J. to siqn.inkj to/ the secondary acces
point t/c,.il aighvbAy ,h(,Illoen the Mobil Ser.vico
Statin and Vic,11:t6dc ricrth of S.W. 69th Avenue f'W,.,fAh.,
Tox M•q,, -!,CJAD, Ta7.-,7. Lot 6504) .
(2- )
4 qI( N C,JOE APPE/0., ;,1(1.'"1 1 -78 ,,,Wayr,JIOP ion; NPO 4
A luquc.i.st bv Wayldo Motor inns to Title 16 ,
qn Rogolat. ,(,,P.1 16. 36 040 ( 3) (A.:):; Fr7,e Standing
nn 3 ! ", -wt rco1 no/ th of f.3 ,W, 691-11 ruf wWatih,
cc., Tog Map ';H4 ,,on, Tax Loi Yi04) .
All pe7,-.1(1n6 havinti 04 in ih(J vidteciJi it,ia
Eippe.d J1tI 1hhi.1LIt (.0, I Li.1 1-1y c.A t lit
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PFM=1114131.M.M■
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, " August 10, 1977
. A
Mr, Way Zee
0
5210 S.E. 26th Avenue
4A .
Portland, Oregon
Dear Mr, Lee:
In response to a request by Tom McDonald, I am once again pro-
, viding a status list of outstanding items that require
resolution in regard to your development.
•' 1. Installation of unfinished sidewalk section on
69th Street.
2. Installation of three street lights as per your plan
prepared by P.G.E.
•
• 3. Completion of driveway off end of 69th Street to
conmdet into the existing parking.
4. Completion of driveway connecting to Pacific Highway.
5. Submission of an approvalle signing and pavement
striping plan.
6. Amending (as per your request) the landscape plan.
Cityl
7. Submittal of one mylar as-build drawing on all public
improvements.
•
8. Installation of a 1" Class oCo asphaltic concrete— ,
overlay on 69th Street.
You have been granted a temporary occupancy permit for the
first two floors bubject to satisfactory resulution of outstanding
deficiencies. No further occupancy will be allowed until
items 1-6 inclusive have been completed. Items 7 and 8 can be
completed as rapidly as desired but are not immediately necessary
to attaining occupancy as these items normally follow acceptance
action by the City. Both items must be complied with before the
City will release your performance/maintenance bond.
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Page 2 Mr. way Lee August 10, 1977
Additionally, for the record, you have temporarily satisfied the
requirement for 69th Street extension construction by virtue of
an agreement entered into between yourself and the City to con-
struct the street at a future date upon notice from the City to
do so. •
Also, a landscape bond has been posted to assure installation cf
required landscaping which temporarily allows for occupancy.
This landscaping work must be completed prior to the final ac-
ceptance and release of any bonds. Therefore, you should make
arrangements to attain approval of your already submitted plan and
then to expeditiously cause the plantings to occur. It is my
understanding that you huve stated a desire to smeid the land.
scape plan that has been submitted and staff is amenable to
changes. Mr. McDonald has indicated that the site plan, upon
which proposed landscaping is ahowm, should be considered as F r
your official site plan and we are proceeding on that basis a4, ,
it satisfactorily meets conditions imposed by the Design Rev'ie `
Board.
Expeditiuus handling of items 1-6 will allow an early occupancy
permit for the remainder of your building. Please allow us
to assist you by attending to these unresolved matters.
Very truly yours,
•
Bruce P. Clark
City Administrator
•
cc: Engineering
Building
Planning
Tom McDonald
BFC/pr
).
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AGREEMENT
By this document the City of Tigard, hereafter the City,
and Way W. Lee, General Contractor, Inc. , hereafter Owner, create
a written record of their agreement regarding the commitment
of Owner to construct a certain roadway and the acquiescence
of the City in the delay of the Owner' s construction of that
roadway. The terms and conditions of this agreement are as
follows :
1. Owner acknowledges that the City has required, as
a condition of the permission granted to the Owner to build a
* motel upon the property described in Exhibit "A" to this
agreement that Owner improve S. W. 69th Avenue to the easterly
boundary of Way W. Lee Subdivision, a duly recorded plat in the
,'
City of Tigard. That point, the easterly boundary, is 240 feet
more or less beyond the point to which S . W. 69th Avenue would
need to be improved in order to provide access to the motel
presently being constructed by Owner .
1 2 . Owner wishes to delay the construction of that
portion of the improvement between the easterly boundary of
Way W. Lee Subdivision and the point to which it is necessary
to develop the street or the purpose of serving the motel.
Owner agrees to improve or pay for the improvement of S. W. 69th
Avenue to the easterly boundary of Way W. Lee Subdivision, and
) .
Owner further agree'S that the City may determine when that
Page One - Agreement
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improvement shall be made.
3 . The City shall give Owner written notice directing
Owner to complete the improvement of S. W. 69th Avenue eastward
to the easterly boundary of Way W. Lee Subdivision. The City
may give such notice at any time. Owner shall have ninety (90)
days from the date the notice is sent to complete construction
of the improvement.
4. In the event Owner shall fail to complete the
, construction of the improvement of S. T1 69th Avenue to the
easterly boundary of Way W. tee Subdivision within ninety (90)
days after the City issues written notice, the City shall have
the right to make the improvement and the cost of improvement
shall become a lien upon the property described in Exhibit "A" .
. A lien arising pursuant to the provisions of this agreement shall
be enforced in the manner other street assessment liens are
enforced under Tigard Municipal Code and the Charter of the
City of Tigard.
[1)
5. The obligations created by this agreement shall be
1 .
binding upon the Owner, and upon its heirs, successors and assigns .
The obligation shall run with the land, and the Owner shall not
• have the right to transfer the land free of this obligation.
6. If, at some later time, the City should determine
that an easterly extension of the improvement of 8 , W. 69th Avenue
beyond that point to' which it is necessary to develop in order to
Page Two - Agreement
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serve the motel would not be of any substantial benefit to
the City or its residents and inhabitants/ then the Cit y may
,, . .., . re the e Owner and the land of this obligation by a release
, •. in writing, but no other act, other than the improvement of
the road as described above, shall fulfill the obligation of
. . the Owner and the land. ..
.-.
. . I APPROVED by the Council this ,Z5-1 day of
.
Mayor City of lic7igar172
ATTEST;
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4.1 .--,..-
City Recorser.-Cit .f Tigard
. WAY W. LEE, GENERAL CONTRACTOR, INC.
/
By ....A1..., ....1 Arc,/ ___..) .
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By ' -;. ..'....
• STATE OF OREGON )
' ) ss,
County of Washington )
).
On this 25th day of April, 1977, before me appeared Wilbur A, Bishop
and Doris Hartig both to mepelsonally known who, being flily swornj did say that
he the said Wilbur A, Bishop is the Mayor, and she j the said Doris Hartig
. . 1 th
is the Recorder of the City of Tigard, a municipal corporation, and the said
Mayor and City Recorder acknowledged the said instrument to be the free act and
deed of said municipal corporation,
. . .
. 1 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official .
seal j this the day and year in this my certificate first writtcn,
c>‘-e•;&._?,..,_E,,.._"4
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• Notar , Public for Oregon
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Page, 3 ...: Agreement ...
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.4' My Commission Expires '
j\J t496
two°
1"14 (op
14C)
0 Dear Property Owner:
As you are undoubtedly aware, traffic congestion
along your portion of Pacific Highway (in the vicinity
of S.W. 69th Street) is presenting real problems to your
patrons and potential patrons due to an inability to
easily enter your place of business or to exit from your
facilities once on-site.
The State Highway D partment has completed a traffic
signal needs analysis which shows the need for a traffic
signal at 69th and Pacific Highway, Howeverp the state
does not have any money for signal installation nor does
the City due to an unwillingness of the voting public to
adequately fund municipal functions to date.
In view of these circumstances, I would urge your
consideration of sharing in the costs of a traffic signal,
Such a cost sharing, by benefitting businesses, would re-
,. duce the impact on tny one business while assisting each
• business by making your properties more accessible to
• the public.
Very truly yours,
7e,of-4,444-. ./424,440‘
Bruce P. Clark
City Administrator
,
• ' •
V F.'0 E 2 1977
r° CITY OF TIGARD tL P. a Box 23557 4
' 12420 S. W. Main
Tigard, Oregon 9722.3
Y.P/i.,DY‘ )63TY
• January 27, 1977 Lk)
•
Mr. Way Lee
General Contractors, Inc.
•
5210 S.E. 26th Avenue
Portland, Oregon 97202
Dear Mr. Lee:
This is to inform you of four yet to be satisfied condi-
tions of the Planning Commission and Design Review Board
approvals.
I . PLANNING COMMISSION
A. "S .W. 69th Avenue be developed on a 60 ' right-of-
, 0 . way to city commercial street standards . The
location for continuance through to the triangle,
to be approved by the Director of Public Works . "
The Public Work's Directors recommendation is to improve
S .W. 69th Avenue throughout the entire dedicated area
to assure conformance with the Tigard Triangle Develop-
ment Plan.
B . "A traffic light to State Highway Division standards
be placed at the intersection of S .W. 69th Avenue
and S .W. Pacific Highway, if the Highway Division '
. warrant study determines that it is necessary ."
Please see attached letter from the State Highway
District Engineer.
II . DESIGN REVIEW BOARD
A. "Access via the secondary access point onto S .W.
Pacific Highway he limited to the motel complex
only."
A number of options are available, As I mentioned in.
my letter of December 20,, 1976 a 1 ' access control
strip is one option of satisfying the condition .
B . "Signing and striping program be developed subject
to staff approval regarding directing traffic to
S .W. 69th Avenue and not onto S.W. Pacific Highway
.
via, the secondary access drive."
. .
Minimal mention is made on the submitted site plan but
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4 Way Lee
January 27, 1977
Page 2
it is inadequate to satisfy the condition.
1111 Now that the State Highway Division warrant study con-
cludes
eludes that signalization is indeed necessary at this point
the timing of the signal placement becomes crucial so as
not to hold up the issuance of occupancy permits or other -
final City approvals . Past city practice has been to enter
into a three way agreement with the City, developer and the
Oregon Transportation Commission. Please contact us as to
your course of action,
Sincerely,
•
\*A'
Richard Daniels
• . Associate Planner
RD: sf
Enclosures:
Director Public Works
Building Official
•
I hereby acknowledge this letter documenting the action of the Tigard
••
D3sign eview Board and the Tigard Planning Commission ollz I have
received and read this letter and 1 agree to the decision here documented
and to abide by any terms and/or conditions attached,
•
/ Date Signle, e
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TIGARD PLANNING COMMISSION •
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., , . January 18, 1977 - 7: 30 P.M.
Twality Junior High School - Lecture Room •
Po.
TC4 14650 S .W. 97th Avenue - Tigard, Oregon
,.
,J
I 1 . CALL TO ORDER: The meeting was called to order by Vice
. Chairman Tepedino at 7: 30 P.M.
2. ROLL CALL: Present : Sakata, Goldbach, Wood, Phillips, Nicoll,
. •
Tepedino, and Moore.
Excused Absence: Popp and Krause
Staff : Daniels and Edwards
, .
3, APPROVAL OF MINUTES :
Wood moved and Goldbach seconded to change the word "fraudelent"
II to "misrepresenting" on the last page of the January 4th minu-es .
r
The motion was made to add "The motion was approved by unanimous
.. voice vote" on item 5 .2 on the December 7, 1976 minutes and
. , "The motion was approved by unanimous voice vote" on item 7,2
on December 21, 1976 minutes .
The motion was approved by unanimous voice vote. .
--- . . 0 4 . COMMUNICATIONS . .
Staff presented a memo from Gordon I(utsch asking that Planning
• Commission consideration of the Genesis planned development be e.
" . . tabled until March 1st .
„.
5. PUBLIC HEARINGS:
5. 1 CONDITIOXAL USE CU '34-76 (Manning)
P .
A request by Bill Manning for a conditional use permit to
, . allow outside storage in a C-4 (Neighborhood Commercial)
, \ zone at 14030 S .W. Pacific Highway. (Wash, Co . Tax Map .
2S1 10A, Tax Lot 201) .
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A . Staff Report : Read by Daniels.
., .
1 o Staff presented a letter from Bill Davies, adjacent
property owner, protesting outside tire storage,
B. Applicant ' s Presentation :
I
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.\ i• o Peggy Manning, applicant, presented a proposal
for screening the tire storage rack and stated .:
that tires must be visible for sales ,
. . o Staff informed the Doard that the tire storage
V building would be subject to Design Review. •
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• TIGARD PLANNING COMMISSION
January 18, 1977
Page 5
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7. OTHER BUSINESS:
I 7.1 Western Boundary Issue
o Daniels presented a memo and map on the subject .
o Bruce Clark, City Administrator, asked that Planning
Commission evaluate the project county standards vs ,
• city standards as they relate to the NPO III .
Sakata stated that city standards must be required
rather than the lesser standards of the county.
o Staff recommended that if sewer is extended the
, •
developer could sign an annexation non-remonstrance
agreement .
o Nicoli stated that street lights should not be required
when people are trying to achieve a rural atmosphere .
•
o Tepeditio stated that the development should be built
to City standards rather than adding costly improve-
.
inents later at taxpayer 's expense.
o Phillips stated that the City should fully service the
. areas in the city first before considering new areas .
•
4
o Bishop stated that the city should have control 070/:
• these developing areas projected to be within our
boundaries .
C) Staff presented the following recommendations :
As conditions for extensio, of sewer lines
1 . a non-remonstrance agreement on annexation be
signed,
•
2 , The development conform to NPO III .
3, The city develop rural subdivision standards.
4 . Western boundary issue be delayed until the
1J .D.C. program for urban growth boundaries
• is determined .
o Phillips moved and Nicoll, seconded to approve the
sewer extension with staff conditions.
The motion was approved by unanimous voice vote.
410 Staff presented a memo on Wayside Inn and read two letters
dated November 24 and January 17 from Slim Company in
regard to access .
- • d ,00
4,1,4 ,rty *f 4"'f• c4itt, ,1 '41'1.4A"t'411 411/
ilk441'ij,i4,:; „Is 3,%' 44,43, .d,rt t '111V t ,4*,0ith'It. :47;4',I4th,ijf,',^4.111411000144,,A413 V 4/1
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q 1 SUPPE S
TiGARD PLANNING COMMISSION
January 18, 1977
rage 6
,,.......,
o Phillips stated that Simco and Mr. Lee should be
informed in writing that the access onto S .W.
. ,
Pacific Highway is secondary and not the primary
access.
o McDonald, project manager, stated that with the
new letter he did, not wish to re-open the matter,
. .
o Tepedino asked that staff prepare a letter on the
matter for the Chairman ' s signature,
7, 3 Staff presented S .W. Pacific Highway frontage road
probelm for Planning Commission review.
o Discussion on road alignments and improvements.
,
• o Mr , Bishop stated that staff 's proposal would create
a T street , that all interested parties were not .
involved, and asked that an engineering report be
done.
f o Tepedino asked that the developer supply some other
alternatives for the frontage road.
. .
The Commissioners agreed with this proposal .
09
R . ADJOURNMENT: There being no other business the meeting was
. ,
adjourned at 11 : 30 .
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Altman stated the effort in this portion of the schedule had been
speeded up because of heavy development in area causing a need for
d• open space planning to be conducted as soon as possible.
Altman further stated a preliminary open space plan is expected
to be completed in March of 1977, followed by public evaluation •
•
and hearings for final adoption. •
•
;�. (c) Mayor commended staff on their progress.
5. DEVELOPMENT ORDINANCE
(a) City Administrator stated there was a need to establish policy
guidelines which apply to each and every developer. Administrator
recommended Council adopt proposed resolution and ordinance as an •
interim step while further study of problem is conducted.
Legal Counsel recommended Council's adoption of proposed resolution
1 and ordinance. Legal Counsel further recommended deletion of the
last sentence in section 6 and items a. and b. from proposed
(':h - resolution. Legal Counsel stated he would prepare a new resolution for
Council's consideration at 24th meeting.
• General discussion by Council and staff followed.
6. EXPLORER SCOUT MEMORANDUM FROM CHIEF
(a) City Administrator stated memo was provided to Council at their
direction.
(b) Discussion by Council and staff regarding importance of all Council
to be present when considering matter.
, • (c) Motion by Councilman Cook, seconded by Councilman Wakem to consider
` « " item at February 7th study session.
• Approved by unanimous vote of Council present.
Discussion by Council and staff as to status of Explorer Post and
• Council concurred to direct group to continue activities as usual.
'6. 4 ' 7. JACK PARK LIGHTING PROPOSAL - P.G.E.
(a) Administrator proposed lighting would be similar to Cook Park and Woodard
• Park lights. Administrator recommended Council's approval.
(b) Motion by Councilman Cook, seconded by Councilman Wakem directing staff
.) to implement proposal with P.G.E.
Approved by unanimous vote of Council present.
(c) Mayor directed staff to investigate installation of street light near
Gevurtz Furniture Store on Bonita by the Salem Freeway.
RECESSED 9:25 P.M.
9 RECONVENED 9:35 P.M.
S. STATUS REPORT TO COUNCIL REGARDING WAS` LEE DEVELOPMENT
AL
PAGE 2 - COUNCIL MINUTES JANUARY 170 1977
•
-. *. __ "'__ __... __•. v..., f.A..nnayvR..m.=.7'f^-ii2L..._sa:.,,-:. �.+.,,.-...,,srsL�'apc:.�:xNrraz.:s»c.t:x.y7:Yr_;a+.a�c�_. ..=a,�s.inter..c.ch'w�•.r»..a-x.�•..sx:.:w,=w- ,� A '
• %
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(a) City Administrator read two letters from Security Inter-Mountain Inc.
stating financing was contingent upon motel access on Pacific Highway.
Planning Director stated the Planning Commission would be considering
item at 1/18 meeting.
Lengthy discussion by Council and staff followed. No action taken.
9. N.P.57—MMBERSHIP MODIFICATION
(a) City Administrator summarized proposed amendment to Resolution No. 75-60.
Discussion by Council and staff regarding proposed resolution.
(b) Consensus of Council was to delete the following from the fifth
sentence of the proposed resolution:
"and no NPO resident will be eligible for nomination as a
business representative on the NPO."
Council directed staff to prepare resolution with deletion for con-
sideration at next meeting.
10. OTHER:
(a) S&S GARDEN SERVICE INC. - City Administrator recommended Council
acknowledge S & S Garden Service for their many donations and free
landscaping for the City.
Consensus of Council was to direct staff to prepare a resolution of
recognitiion for consideration at 24th meeting.
(b) HUNZIKER STREET - city Administrator recommended Council authorize
Mayor and Recorder to sign agreement with P.G.E. regarding moving power
poles on Hunziker Street,
Motion by Councilman Wakem, seconded by Councilman Cook to accept
Administrators recommendation,
Approved by unanimous vote of Council present,
(c) NO PARKING ON COMMERCIAL STREET - rAyor questioned what the alternatives
were for citizrns r7„eviously parking on Commercial and riding bus to
Portland.
Staff stated there was a "Park and Ride" facility located at the Drive
Inn Theater site and at Davidson's Seafood Restaurant,
(d) MAIN STREET BRIDGE - Councilman Seheckla recommended consideration of
placing flashing lights on ends of bridge on Main Street during next
Budget formulation,
(e) RESOLUTIONS OF RECOGNITION - Council directed staff to prepare resolutions
of recognition to the following:
councilman Moore
T-CAP Members
Harvey knauss, Budget Committee
PAGE 3 - COUNCIL MINUTES - JANUARY 17, 1977
•
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!S"W L
4 the Ivey to home attnorehip
a qe,XY'YV qa�}a 7I,hq-%NTERMOUNTAIN INC. / 111 ' L,1 ,�(jl
c"J 6a N t4+ $6t'Ja'V y Nei. .L:•. ✓ !• :T? r.w°'� i , > 9.) ..
1.i3()East Burnside Street,Pot Urelrurr 9y�.1 1
MORTG 1GB.B.INAH'1(:§ •Tel.''34,50.11
January 17, 1977
City of Tigard
Planning Department
Tigard, Oregon
Re. Wayside Inn
Tigard, Oregon
Gentlemen:
We have had no response to our letter of November 24, 1976 regarding
direct access to the subject motel from Pacific Highway.
Our approval of this loan, which involves three participating permanent
lenders, was predicated on the property having said access. The original
plan, submitted to your office long ago, reflected such access and, if
objectionable, could have been rejected long before our loan commitment
was issued.
We consider such access to be a prime requisite for the successful
, ' : operation of the motel . We have considered the 69th Avenue access to be a
temporary one and if w;r had ever had any doubt that the principal access
to the motel would not be from Pacific Highway we would not have considered
granting the loan.
\ We should appreciate your assurance that the latter access will be avail
-
v able to this well planned development.
Sincerely yours,
` r
SECURITIES-INTERMOUNTAIN, INC.
IA7';',/ ,,,,, ,K,"1:45/
Warren L1 Kirby 7 ,
Vice President
xf! WLK:rm
DEAD MICE:Portland,Oregon 1M,,I NCft O?t"ICES:Seattle,Belk ttr,li"asltingtun»,Sun Jose,Sun Diego,Culi/arnia
. d
OREGON STATE
x : W
HIGHWAY DIVIS N
t / ..
.p -" DISTRICT 2A ENGINEER
•
'' ' n.':. 1 � P.O. BOX 565 • BEAVERTON, OREGON • 97005 w Phone 229-5002
ROBERT W. STRAUB
GOVERNOR
F.E,KLABOE January 10, 1977
Administrator and
State Highway Engineer
•
Richard Bolen, Planning Director
City of Tigard
P.O. Box 23397
Tigard, OR 97223
RE: Wayside Inn Development
Pacific Highway West @ S.W. 69th Avenue
City of Tigard
Dear Dick:
The Highway Division has completed the traffic signal
study of the subject intersection.
This study included the counting of existing traffic
movements and projecting increased traffic volumes created
by the addition of the 120 -unit motel complex. Traffic
signal warrants will be met with this increase. The traf-
) fic signal should be intertied with the existing signal
system and should be fully actuated. The estimated cost
of this signal is $55,000.
It is my understanding that the Tigard Planning Com-
mission has '.equited the developer to bear the cost of
this signal as a condition of the site plan approval .
Please advise the developer of our findings and advise
me as to the City's willingness to pay the power costs.
I will then arrange to have a three-party agreement drafted.
Sincerely,
11.4/
W. W. Geibel
DISTRICT ENGINEER
• WWG/rj g
cc-- Walt Hart
L. E. George
Ran Failrnelz er
1
. e
`."
..40;fiNUTES
PLANNING COMif 3SION
January 4, 1977
Page 6
Goldbach presented a memo questioning whether £radulent
testimony had been submitted regarding the access point onto
Pacific Highway or the Wayside Inn and directed the staff
to investigate the proper actions for review.
o Tuesday, January 25th, was announced as a Planning Commission
study session.
9. ADJOURNMENT:
The meeting was adjourned at 12:00.
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• WILM
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TO: Members of the Tigard Planning Commission DATE: January 3, 1977
*i FR: William R Goldbach
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SUBJECT: WAYSIDE' INN PROJECT and Attendant Access Road
W. LEE, Applicant •
My purpose in addressing the Planning Commission by means of this letter is to
bring to your attention some additional information pertaining to the above des-
cribed subject.
. If you recall, Mr. Lee in his testimony expressed a need for a public access
road from Pacific Highway, adjacent to the Mobil Service Station, He based
his request upon the fact that the lending institution required the road to be a
necessary part of the project. However, a letter from the lending Listitution
addressed to the Tigard Planning Staff indicates that their only real requirement
is for the building to be oriented facing Pacific Highway. They do not make any
reference to the subject access road. (copy attached)
Further, at the December 14th Design Review Board Meeting, the design and
architectural plans were approved including the access road; but not without a
considerable amount of discussion on this particular point. The Fire Marshall
serving this district stated that, from an adequate fire protection, standpoint, an
emergency vehidle access road only need be provided.
Since the Planning Commission and Staff are always concerned with the safety
, $ aspects of uncontrolled access roads along Pacific Highway, I would therefore
recommend that we reopen the Wayside Inn application and consider restricting
the use of the access road for Emergency Vehicles Only. . . . e . unless of course
the applicant can justify the need for uncontrolled usage.
•
Respectfully submitted,
Lf•
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December 20, 1976
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M . Wily Lee
•
. . CO General Contractors
•
. 5210 SE 26th Avenue
Portland, Oregon 97202
RE6i691.0d
00wer Connection Permit Fee
Dear Mr. Lee:
I have considered your request to obtain a building permit
without securing a sower eohnection permit at this time. Ey this
•• letter, I am advising you and inetructing the 8uilding Official
%A to defer collection of the sower connection permit foe for 120
days arter issuance of the building permit, The deference of the
eel( ,r permit Fee is an admInist,eative act and is performed solely
at uhis office's discretion. The fee and permit ia defligred in
recognition of the eubatantiel interest costae that would be borne
by you in advnce of the time you will be actually n need of a
sewer connection.
In return, the City expects quality workmenahip according to
Code and speedy implameniation of all conditions of approval.
. .
If such does not occur, the sewer connection permit and fee
wily. be immediately required and a atop work order shell be issued
until the sewer rmit is Lotted.
,;. Your past record of conscientious resolution of problems
allows the City to extend this courtesy to you and I trust that
this project will be a credit to both you and the City.
Very truly Youre,
°rut,* P. Clark
City Adminietrator
OPCsbg
e-1,"
Acknowledged ) f ,
, t / • (e.
1 °A; gna ure
N
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December 2t 1070
Way W. Lee
Oeneral Contracters, •Inc.
0210 S.S. 2Sth Avenue
Portland, Oregon 97202
Deer Ur. Lees
Please be advised that the Tigard Design Review Board at their
regular meeting of November 30 1976 denied your site develop-
ment plan and failed to approve the architectural design request
for a proposed four storys 120 unit moth61 on $,W. Pacific High-
ways north of S.W. 00th Avenue. The denial was based on find-
ings that the site plan was deficient in landscaping, lacked
proper design for internal traffic circulation, lacked detail
demign for the Pacific Highway access point, and fulled to
addreso the concerns of the Planning Commission.
Decisions of the Design Review Board may be appealed to the
City Council by filing a request stating the reasons for spplml
with the City Itecorder within 1$ days of the Design Review
• Board action.
Sincerely,
Richard Daniels
• Associate Planner
RD:sf
cc: Buildirig Official
City Attorney
. 1 Llote: The following acknowledgment must be received by the
City ot Tigard within fourteen (14) days of your
roosipt of this letter, railure to return this
acknowledgment oay result in action by the City of
716Ard1
hereby acknowledge this letter documenting the aation of the
Tigard Design Review Doard.
ntilirtUre Date
, 1 .
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November 29, 1976
Way W. Lee
General Contractors, Inc.
5210 0.E. 20th Avenue
Portland, Oregon 97202
Dear Mr. Lee:
We are in receipt of your acknowle0gment letter regarding
the Planning Commission action of November 16, 1976 in
approving a conditional use permit to allow a four story
motel on S.W. Pacific Highway. In the return copy you have
modified condition #4 pertaining to the trmffie signal at
S.W. 69th Avenue and S.W. Pacific Highway, The Planning
Commission did not address the method of financing the
signalization as you have so modified and although a local
improvement district is one method, numerous others exist.
The Planning Commission firmly believed that a traffic
signal at that location was imperative to protect the public's
safety if an intensification of land use was to be granted.
Your addition to that condition specifying the funding
4 mechanism is inappropriate and unacceptable.
Enclosed is a fresh copy of the acknowledgment letter
for your signature. In regards to the funding ol* the
traffic signal please contact this office at your earliest
convenience,
Sincerely,
' • t Itichard Daniels
Associate Planner
RD:st
Enc.
ce: vdity Manager
Building Official
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November 29, 1976
. ,
7. .
Way W. Lee
General Contractors, Inc.
. 5210 S.E. 20th Avenue
Portland, Oregon 07202
, _
. Dear Mr. Lee:
:r Please be advised that the Tigard Planning Commission at their
regular meeting of November 16, 1976 approved your request fox'
. , a conditional use permit to locate a four story motor hotel on
, .
S.W. Pacific Highway north of S.W. 69th Avenue. This approval
is subject to satisfying the following conditions:
q 1. The access onto 0.W. Pacific Highway be combined with
the existing Mobil access point and be designed for
right turn only into and out of the site with approval
.
of the State Highway Division.
.
2. Primary access to the motel be provided on S.W. 60th
Avenue with the parking lot dkiveway connecting to
it on the south.
. ..-
3. S.W. 69th Avenue be devoipped on a 60' right-of-way
to City commercial street standards. The location
. for continuance through to the triangle to be approved
by the Director of Public Works.
' t
. , 4, A traffic light to State Highway Division standards
be placed at the intersection of S.W. 60th Avenue and
1 S,W. Pacifie Highway if the highway division warrant
/ - study determines that it is necessary.
,,..
S. This approval is for one building with a maximum
, of 40' in height of four (4) stories.
,
.. 1'
6. The secondary access point (between Mobil and Wayside
. .. liWunllasnn Llielttnn: T:t13.3r a sign encouraging
With the exception of condition 40 which is depAident on
li, State Highway Division action, a revised site plan incorpora-
ting the conditions must be approved by the Planning Director
prior to filing for a building permit.
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WaY W. Lee.
November 29, 1976
• ' Page 2
X we can be of any further assistance please do Zot hesitate
to contact me at this office. •
Oincerely,
•
•
_ . Richard Daniels
•
ASSO0iAtO Plannor
RD:s2
cc: Building Official
Wm. Oiebol-State 11*y. DiVirliOU
• Director Public Works
Note: Thu following acknowlodgement mlAst he received by the
etty o Tigard within fourteen (14) days o your
• . receipt of thia letter. Failure to return this •
acknowledgment may result in action by the City of
• Tigard.
X hereby acknowledge this letter documenting the action o the
Tigard Planning Covivnisaion. X have retsived and road this
letter and X agree to the decision hero documentod und to abide
by any terms and/or conditions attached.
Eirrniture
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.IGOIRD CITY OF TIGARD
' t1r hl tl�ift 4114
P. O. Box 23557
12420 S. W. Main
Tigard, Oregon 97223
November 29, 1976
Way W. Lee
General Contractors, Inc.
• 5210 S .E. 26th Avenue
Portland, Oregon 97202
Dear Mr. Lee:
Please be advised that the Tigard Planning Commission at their
regular meeting of November 16, 1976 approved your request for
a conditional use permit to locate a four story motor hotel on
S .W. Pacific Highway north of S.W. 69th Avenue. This approval
is subject to satisfying the following conditions:
1 . The access onto S .W. Pacific Highway be combined with
the existing Mobil access point and be designed for
right turn only into and out of the site with approval
of the State Highway Division.
2 . Primary access to the motel be provided on S .W. 69th
Avenue with the parking lot driveway connecting to
it on the south.
3. S .W, 69th Avenue be developed on a 60 ' right-of-way
to City commercial street stant.ards; The location
for continuance through to the triangle to be approved
by the Director of Public Works.
4 . A traffic light to State Highway Division standards
be placed at the intersection of S .W. 60th Avenue and
S.W. Pacific Highway if the highway division warrant
study determines that it is necessary.
5 . This approval is for one bqilding with a maximum
of 40 ' in height of four (4) stories,
6 . The secondary access point (between Mobil and Wayside
Inn) will not be designated by a sign encouraging
its use as an entrance point .
With the exception of condition 4, which is dependent on
State Highway Division action, a revised site plan incorpora-
ting the conditions must be approved by the Planning Director
prior to filing for a building permit,
t,..rr:. __.,- ..._Y+, _.A.,rrnw.i+•.+.n+j.:G..:�?••-.:.... - .�l:StuszC.- �r�S SKIRT'_""'n" a.zm.ew+wsvM>s.+m-C+4euuvuscc.ya. .v_y.,.a,.,.,W . Y . ....,, q
•
Way W. Lee
November 29, 1976
Page 2
If we can be of any further assistance please do not hesitate
to contact me at this office.
Sincerely,
Richard Daniels
Associate Planner
RD:sf
cc Building Official
Wm, Giebel-State Hwy. Division
• Director Public Works
Note : The following acknowledgement must be received by the
City of Tigard within fourteen (14) days of your
receipt of this letter. Failure to return this
acknowledgment may result in action by the City of
Tigard,
I hereby acknowledge this letter documenting the action of the
. . N Tigard Planning Commission1 I have received and read this
letter and I agree to the decision here documented and to abide
by any terms and/or conditions attached.
1. 411,
0011111.1141,, 4„, -411111.1i6
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The A cy to home 1014'11(1A
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1 ,,..1 . 11 ,.3-INTE 1?MO UN TA IN, INC. • :.•:,,,,ii*il J.'.i ..!“,..I. . ,,■••
1336 Ens(Bat-wide Save!,Portland,Orr 97.21 I
monicv.r BA NA EltS Tel .l11.501 „
November 24, 1976 .
, .
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City of Tigard • .
Planning DepnrtmP.nt .
Tigard, Oregon
• 1
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Gentemen:
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• It has come to our attenon that City of invespang the
ti tht th Citf Tigard is titi h , .
possibility of re-orienting the Wayside Motor Inn toward 69th Street ,
( .,,.
• instead of Pacific Highway as shown on the architectural site plan,
,- ...: Our loan commitment to Mr, Lee on the project was made with the
assumption that the front of the property would face Pacific Highway
....
• and we would not be interested in funding the project if orientation had
• .
J : to be ,59th.
,
We must consider 69th a minor, "not even a through" street; motor
. hotels must be oriented toward a major street or highway with its own
identify,
. .
•.
Very truly yours, .
•• . .
. .
SECURITIES-INTERMOUNTAIN, INC,
i
Warren L, Kenby, ,t-
Vice President
WLK/dp
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• 4
9,.
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10,"lb OPPICE4;Pcirtlnd.0.eort FIR.I VC II 011 ICES:SeattIG,nellet ne.rtisiiitylon;Son„toq.,Son hkgo.Calif°,n iti
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' '
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OREGON STATE
.111.- ;0 : HIGHWAY DIVISION
fm , 'Y _ Rj- It I O
•
. 11 S 1u pl'•Ih
11 r.' 11
• DISTRICT 2A ENGINEER
P.O. BOX 565 ® BEAVERTON, OREGON ® 97005 e Phone 229-5002
ROBERT W, STRAUB
GOVERNOR
F,B.KLADOE
Administrator and November 22, 1976
State Highway Engineer
' M City of Tigard
d.14110
Planning Department
P O, Box 23397 'kr n,�r
Tigard, OR 97223
9�
• CITY OF ,TIG i r,,
RE: Wayside inn Development
99W @ 69th
ATTN: Dick Bolen
This is a short note to advise you that we have
initiated a count at the subject intersection. I should
be able to advise you in approximately three weeks of
the results of our investigation
Sincerely,
y
W. W. Geibel
DISTRICT ENGINEER
p' WWG/rjg
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fe,
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(ir:Ivj Nov 2 1976
CITY OF TIGARD
P. O. Box 23557
12420 S, W. Main
Tigard, Oregon 97223
• November 22, 1976
Way W . Lee
. GENERAL CONTRACTORS INC .
5210 S .E . 26th Avenue
Portland, Oregon 97202
• Dear Mr. Lee: •
Please be advised that the Tigard Planning Commission at their regular
meeting of November 16, 1976 approved your request for a conditional
use permit to locate a four story motor hotel on S .W. Pacific Highway
north of S .W. 69th Avenue , This approval is subject to satisfying
the following conditions :
• 1 . The access onto S .W. Pacific Highway be combined with the
•
existing Mobil access point and be designed for right turn
only into and out of the site with approval of the State
Highway Division .
2 . Primary access to the motel be provided on S .W. 69th Avenue
with the parking lot driveway connecting to it on the south:
3 . S .W. 69th Avenue be developed on a 60' right-of-way to City
commercial street standards, The location for continuance
through to the triangle to be approved by the Director of
Public Works .
* 4 . A traffic light to State Highway Division standards be placed
at the intersection of S .W. 69th Avenue and S .W. Pacific
Highway if the highway division warrant study determines
that it is necessary.
5. This approval is for one building with a maximum of 40 in
height or Tour (4) stories.
O . The secondary access point (between Mobil and Wayside Inn)
fl not be disignated by a sign encouraging its use kS an
entrance point .
With the exception of condition 4, which is dependent on State
Highway Division action , a revised site plan incorporating the con-
.).. ditiuns must be approved by the Planning Director prior to filing
for a building permit.
t
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Page 2 November 22, 1976
Way W. Lee
If we can be of any further assistance please do not hesitate to
contact me at this office .
Sincerely,
Richard Daniels
Associate Planner
RD/pr
cc: Building Official
Wm. Giebel, District Engineer
State Hwy. Division
Director Public Works
Note: The following acknowledgment must be received by the City
of Tigard within fourteen (14) days of your receipt of this
letter. Failure to return this acknowledgment may result
in action by the City of Tigard,
I hereby acknowledge this letter documenting the action of the
Tigard Planning Commission , I have received and read this lctter
and I agree to the decision here documented and to abide by any
terms and/or conditions attached.
317 a
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File No .
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* 4, Cost of traffic light to be paid through nn L.1 .D. as LipprovA by City Council.
1...... . malimitwanimmummomm
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'' MINUTES Q
.
. TIGARD PLANNING COMMISSION '
4 November 26, 1976
• Page 6
A
. . E. Commission Discussion :
..
O Moore asked if there was a need for apartment units
,' An the area ..
o Ben Suppes, applicant ' s architect , stated that a
• '
survey of the Colonies, Heritage, and adjacent
. apartments units were filled to capacity and bad
,
a waiting list .
. o Krause noted that the P.G.E . study showed that
. Tigard had the highest apartment vacancy rate in
.
the Portland metro area.
Krause moved and Sakata seconded to deny the request
* •• based on lack of flood for apartments,
The motion failed in a 2 to 6 roll call vote with Moore ,
Phillips, Wood, Tepedino , Popp and Nicoll dissenting.
•.
.
.
Tepedino moved and Moore seconded to table the proposal
, until a more thorough study as to the need for more
apartment zoning could be done and the NPO has had a
chance to review the matter.
. . o Pc.;pp asked the applicant to consider play areas in
the new proposal .
.
,
The motion was aproved by unanimous voice vote .
5 . 3 CONDITIONAL USE CU 30-76 (Wayside Inn ) NPO IV
A request by Way W. Lee for a conditional use permit to
• . locate a four story motor-hotel on S .W. Pacific Highway
north of S .W. 69th Avenue (Wash . Co . Tax Map 1S1 36AD,
.
Tax Lot 6504) .
.. p. o Staff inforimA the Cmmission of the past history of .
ihe site and the prior conditikinal use The Commission
. ,
unanimously agreed to view this as a new submission in
that the present proposal is !.itlbSitiDlially different
than that which was carli(q. approNyd and the character
. /t of the area is di fit than when initially approved.
i A. Stall Report : Read by Daniels
o Staff asked that the plan be labeled exhibit "A" and
• '' the staff report eNhibit "B" .
B. Applicant ' s Presentation :
o McDonald, representing the applicant , stated that
he had been informed by the Highway Division that
joint access with the Mobil station would not be
permitted.
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'ray MINUTES ,
„TIGARD PLANNING CO1177LSION
November 16, 1976
Page 7 1
o Ken Cole, architect , stated that there was no
advantage to continuing S .W. 69th, that the traffic
impact would be 360 trips a day and that the tcta.l
height of the building would be 34 ' -- 38 ' with the
parapet roof .
' o Popp asked if there would be a restaurant in the
motel .
i o Applicant replied that none was planned.
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C. Public Testimony: None
D. Staff Recommendations:
Staff recommends approval with the following conditions :
l . The access onto S .W , Pacific highway be combined
with the existing Mobil access point .
2. Primary access to the motel be provided on S ,W,
69th Avenue with the parking lot driveway connect-
ing to it on the south .
N
3. S.W. 69th Avenue be. developed on a 60 ' right-of-way
to City commercial street standards. The location
• for continuance through to the triangle to be
approved by the Director of Public Works .
4. A traffic light to State Highway Division standards
be placed at the intersection of S .W. 69th Avenue
and S .W. Pacific Highway.
o Staff asked recommendations o n e and four r e Ka d "with
Highway Department approval . "
• o Phillips asked that condition 5 be added to read
"request be limited lo one building, max:hnurn of 40
and 4 stories."
E. Commission Discussion :
a Discussion on the need for onto Pacific be_
sides S .W. 69th
a Cole stated that there was an ��i:-'t_in curb cut ,
and that the access was necc,r.,,ary for financial
backing,
o Moore stated that in order to comply with the comp-
rehensive plan no new access on Pact `'•ic; : houl d be
allowed,
Moore moved and Krause seconded to approve the proposal
•.y .
•
.. .. _."'-• .' -- _.,T- .M.nwsdy�r re+ �i'.-.�,�,�cx::ro,s. k ;».=,p•: •sw.w....W a..-N, F
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MINUTES .
TIGABD PLANNING COMg, SION Av
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. November 16, l976 .•.
• . Page 8
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with the staff recommendation deleting #1 and adding
. #5 - one building, maximum four stories, maximum
'' 40 ' and #6 limiting access only from S .W. (39th.
. The motion failed in a 2 to 6 vote . Popp, Sakata,•
Tepedino, Wood, Nicoli and Phillips dissenting. •
Tepedino r..nved and Nicoli seconded to approve the ,
proposal with staff recommendations 1 - 4 adding #5
one building maximum 40 ' - 4 stories, #1 be amended
.,. to read right turn only, and #6 the secondary access
point (between Mobil and Wayside Inn) will not be
.
designated by a sign encouraging its use
, ^
.
. The motion was approved by unanimous voice vote.
' • . 5 ,4 CONDITIONAL USE CU 31-76 (Davies) NPO VI
A request by M.A.B. , Inc, and Robert Davies for a conch-
.,. tional use permit to locate a commercial/professional
. office building at 14050 S .W. Pacific Highway (Wash , Co .
Tax Map 251 10A, Tax Lot 203) . .
o ,
A . Staff R,port : Read by Daniels
B. Applicant ' s Presentati6n :
Rod Adms presented the plan and stated:
- ..
o that the existing building would be replaced with a
. ..
10,000 sq. ft building, which would be used entirely
as an administrative office .
-
o that the proposed sign would be 9 '5" x 5"
o the proposed use would draw less traffic than any
other commercial use .
' t C. Public Testimony: None
D . Staff Recommendations :
, ..
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o Staff asked that the staff report be labeled exhibit
"A" and the plan exhibit. "B" .
..
k . , Staff recommends approval with the following condition :
•,
1 Drainage plan be in accordance with Slate Ilighlkay
...4), Division recommendation and apprmed by Tif;ard
Director of Public Works.
E . Commission Discussion :
Sakata moved and Phillips seconded that the proposal
be approved with the staff recommendations .
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. A STAFF REPORT
•
AGENDA 5 . 3 . 0 „
‘ ,. TIGARD PLANNING COMMISSIOW \ 1,90(r) 15 (1 F‘ ,o
. November 16, 1976 - 7: 30 P.M. \\\
. . .
.., . Twality Junior High School - Lecture Room . °°?Ci
..
. 14650 SW 97th Avenue - Tigard, Oregon •
. .
.
• DOCKET: CU 30-76 (Wayside Inn) NPO IV .
. REQUEST: To permit a four story motor-hotel . ..
•''' : LOCATION: S .W. Pacific Highway north of S .W. 69th Avenue (WasL,
Co . Tax Map 1S1 36AD, Tax Lot 6504) .
.
• APPLICANT: Way W. Lee •
.
$
'• : I . BASIC FACTS :
1 , The site is zoned C-3 (general commercial) and designated
General Commercial according to the Tigard Community Plan.
2 . Tigard Community Plan states the following: . •
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A
O "Permit additional business uses that seek highway loca-
.
• 4
.... tions to develop sites oriented to adjacent access
, ,4. streets. "
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o "Strict regulation of the number and location of vehicle
.
" '' access points. " •
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o "Zoning regulations will limit the range of allowed uses '
, in the ' general commercial ' areas designated at freeway
,
. i interchanges to those uses which are dependent on those
locations and that provide a convenience to motorists . "
,
' e 3. 18. 281010 (12) lists motels as a permitted uses in a C-3
, zone.
-. .
44 18. 28 .050 states "No building in the C-3 zone shall exceed
a height of three stories or 35 feet whichever is less. if
54 18 , 12. 110 (b) "Building heights in any zone may be increased
as a conditional use to a maximum permitted height of 75
,i,,, feet provided that the total floor area of the buildings
does not exceed the area requirement of the zone (if any) . " ,
6. On August 21 , 1973 the Tigard Planning Commission approved
a request (CU 14-73) by Way W. Lee to construct a motor hotel
.1.: $ to a height of 75 feet. Conditions attached to this approval
.
were
. . .
A, "As part of the submitted material with the site develop-
ment
plan the applicant shall submit a visual impact
". l• analysis of the proposed plan . "
.4,
E3, "No wall signs or ideneification be above the 85 ' level , "
7. 18. 72, 030 If a conditional use is approved by the Planning
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STAFF REPORT
AGENDA 5. 3
•
Tigard Planning Commission
November 16, 1976
Page 2
. Commission and then is not exercised, it shall expire
in one year from the date of approval if the use has
not begun and continual progress toward its full opera-
, N,
tion is not in evidence. "
II . FINDINGS:
4,,
1 . The applicant is requesting permission to construct a
four story motel on S .W. Pacific Highway.
2 , The previously issued permit has since expired due to
• the lack of construction within one year as required by
• Section 18. 72. 030 of the Tigard Municipal Code. This
request is significantly different than the original
conditional use for the following reasons:
- ,
1 . The motel was initailly a part of a larger complex.
The restaurant is now a separate building on a
• separate tax lot .
' 2
2 . Conditions in the general neighborhood have changed.
- 3. When originally subdivided it was intended that S .W. 69th
Avenue would serve as the primary access to the develop-
- ' • merit of this area and continue through to the triangle.
Any access onto S .W. Pacific Highway should be secondary
in nature and right turn only
4 . The addition of the fourth story increases the intensity
of use on the site making Planning Commission review
necessary to assure the adequacy of the supporting facili-
ties (water, sewer, streets) as well as compatability with
the surrounding area.
, 5 . The site plan envisions the addition of another access
point onto S.W . Pacific Highway. This is contrary to the
goals of the Tigard Community Plan combining the access
• with the one for the Mobil service station would be further
those goals. Mobil Oil Company has expressed an interest
in such a combination .
.
1 6 , No direct connection with S .W. 69th Avenue is shown on
•
the site plan yet it is to function as the primary access .
7. S .W. 69th Avenue is stubbed out to this site . A 50 ' right-
of-way is shown for continuance onto the site . It should
be dedicated and improved through the site for connection
through to the south generally following the topography .
•
8 . A condition of the original conditional use permit was
the participation in a street light at S .W. 69th Avenue
and S.W. Pacific Highway . The intensity of development
as proposed in addition to the existing situation requires
STAFF REPORT
AGENDA 5.3
Tigard Planning Commission
November 16, 1976
Page 3
a traffic light at this time. Moving the primary access
through the controlled intersection will greatly improve
the existing situation as well as plotooning the traffic
creating opportunities for the secondary access movements.
9. The site slopes sharply south away from S ,W. Pacific
Highway and will result in the top 5 ' of the motel being
above the crown on S .W. Pacific Highway.
10. The motel will be most visible from the southwest . The
building has been la.mted on the site to minimize the
• amount exposed,
III . STAFF RECOMMENDATIGNS
To be advised.
. .
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• • •
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•„..‘
, STAFF REPORT
IL
Agenda 5. 3 •
Tigard Planning Commission
November 16, 1976
STAFF RECOMMENDATIONS :
Staff recommends approval with the following conditions:
1 . The access onto S .W. Pacific Highway be combined with
the existing Mobil access point .
2 . Primary access to the motel be provided on SW. 69th
Avenue with the parking lot driveway connecting to it on
the south.
3. S .W. 69th Avenue be developed on a 60' right-of-way to
City commercial street standards , The location for
continuance through to the triangle to be approved by
the Director of Public Works.
• 4, A traffic light to State HigliWay Division standards be
placed at the intersection of S .W. 69th Avenue and S .W.
Pacific Highway,
•
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' IIIMIIMMOMIIIIIIIMIIMOIIIIIINIIIIIIIIIIIEIIMEIOIIEEIIIB • ,
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AlFIDAVIT (11. PUBLICATION , /ICE OF PUP.I.,1C HEARINGS
,,
7*, .;
Tigard Planning re.ntmission
STATE OF OREGON,
November 16, 1976 — 7:30 P.M.,
Twenty Junior High School—
' Ledure•COUNTY OF WASH ss
INGTON, ss.'
Room
14650 S.W.97th Avenue—Tigard,OrP.,-
.
.. I • Joseph Snl'ir.-. r Or gon
1,
5. PUBLIC HEARINGS: •
..... , . .„...„.. . .. ..... ... .... ...... .., .
.
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- 5.1 'ZONE CHA,NGE'LC 10-76(Kutsch) ..
.
ling first duly sworn, depose 1.3.nd say that I am the publisher .....„._.... .... "PO III
1\*A request by Hu tscli Enterprises,Inc.
•.
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fot preliminary plan taul program re-
,. ..
. .. .. of The Tigard Times, a newspaper of general circulation, as defined view of a 134 unit retthlential planned . . .
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by ORS 193.010 and 193,020, published at Tigard, in the aforesaid county and development on SW 115th Avenue, . ,
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.snuth of SW Former Streq(Wash.p.o. ,.
• .. Tax ,Map 2S1 3DB, Tax Lots 200, 300, .-t'
state,: that the legal notice, a printed copy of which is hereto annexed was 400). _ . •',
.
5.2 ZONE CHANGE LC 1146(Denottx)
,
,. ., published in the entire issue of said newspaper for ... L .,. successive and .
,.
,. , ..
NPA°rLI,Itituest by Serge II„c41.•.Ittx to amend
the zoning map from R-7(single fami-
consecutive weeks in the following issues . .....„ ... .„. ...,, ..... . . ... .. .. , ..._
ly) to A-2(multi family residential)for
.. •
NcitreIrber 10, 1976 " a 1.92 acre parcel at 11030 SW Claude ,
•
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. 'We. h Co "Tax Map 2S.1 10A,Tax Lot
.
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* if '' 5.3 0),ONDITIONAL, USE CU 30-76
, .
... /
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, . iif ( 1,,,,,.1-aitii,e)-- ..'---Z:,----- --- . ...Aarls,,,i4cluec,sItrtbny)
/
..
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• Subscribed and sworn to before me this 1:1th ., . , .. day of . tional use perm‘Nil'i:t?oy l‘rt.VV);alteeeatofrouarcsotrot-
Tit li 1(.:r'xit61:11:;of tSjell;on,itSDN',.Vt:1.le:1ur.:ireiocT61I:i5isogh4h).11,4C'aoY,
. .
,
, ... . ... Nzivextherlo r?6
5.4 CONDITIONAL USE CIJ 31-76 ,.
- ,.4 /.
,.
,,, ,/,, 1. (Davies) NPO VI .
... ,/..,
A request by M.A.B.Inc. and Robert •
4./ e",eir..1,1 . ,../..!2.:",( ....4ii,(/ n Davies for a conditional use permit to .
•
. ,
/ ...Notary Pulgc of Oregon
building at 14050 SW Pacific Highway
lo....late a corm(-•jaliprofenional office
(Wash, Co. Tax Map 251 10A,
My commission expires . ...„..,.,, 1A ",... 7.,./..
, ,....
, • .
5.5 VARIANCE V'11-76 (Dhlin) NPO
,
A request by Alfred D. Dahlm rora
variance to the back yard setback in
.
a R-7 planned deve)opnient (single r
family) at 15780 S.W. Highland Ct.
. .
. .
f\:ti...rt.Co.Tax.Map 2S1 101.)D,Tax Lot
6. CrfliER BUSINESS: I;
6,1 Report on City Council actiops,
, ..
. ,
All p.:,rsris having an interest in any
tit the tiCL'11171u" matters 1.1ice invited to
. ,
•-',-ar'Ind submit oral and written tea- .,
, ,
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..,,,
timony or submit vimittert testimony in
,
... ,
advance of the meeting.
(IT 2970 — Publish Nov. 10, 1976)
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AINNEIWWWINSIEWINEW1
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it' l k
,f
'
AFF: WIT OF VAIL114G
STATE OF OnGON )
County of '':asbington
• , .
City of Ti::ard
I, Sandra L. Fite , being first duly sworn, on oath
depose and say:
That 1 am Secretary for the Planning Deoarbhunt
for the City of Tigard, Orogon. ,
. . That 1 served notice of hearing of the Tigard
Planning Commission
of which the attached is a copy (Mared Exhibit A) upon
each of the following named perscns on the c: 4, day
of ilt,--.1-...4A14, f 19'04_, by mailing to each -6YHem at
the addross shown on the attached list (Narized Exhibit B) ,
said notice as hereto attaohcd, deposited in the United States
Tian on the LA , day of "t._.. .„N-4., , 197.1,
postage prepaid.
_..ic 4 ... ....
•.,' 4,.,Atl,,1,,,t, ....,' % . Y..„:"e'IL
Subscribed and sworn to before me on this 1..- day of
..„.."
Notary f,ulic of Oregon
. ,
1y emrrnisi on opiros t
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CITY OF TIGARD, OREGON
NOTICE OF PUBLIC HEAR LIG
+t,
Dear Property Owner:
The agenda enclosed for the next meeting of the Tigard Planning
Commission includes an item (circled in red) which, due to its
location adjacent property owned or occupLed by you, or due to
your previously indicated interest, the City feels obligated to
notify you
If you wish to maim your views icnown in this matter, or if you
only wish to avail yourself of this opportunity to be informed
concerning this project, the Tigard Planning Commission invites
you to attend this meeting.
• ,
4
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"4
4
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op
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TIGARD PL.,",.NNING CoV.,MISSION
November 16, 1976 - 7 : 30 P.M .
Thality Junior High School - Lecture Room
14630 S ,W . 97th Avenue - Tigard, Oregon•
r
1 . CALL TO ORDER:
2. ROLL CALL:
3 APPROVAL OF MINUTES :
•
4 COMMUNICATIONS :
, 5. PUBLIC HEARINGS :
5 . 1 ZONE CHANGE ZC 10-76 (Kutsch) NPO III
A request by Kutsch Enterprises, Inc . for preliminary plan
, and program review of a 1b1 unit residential planned develop-
.
rnent on S .W . 115th Avenue, south of S .W. Fonner Street .
. (Wash . Co. Tax Map 2S1 3DB, Tax Lot 200, 300) 400) .
t
5 .2 ZONE CHANGE ZC 11-76 (Denoux) NPO III
A request by Serge Denoux to amend the zoning map from
. . R-7 (single family) to A-2 (multi family residential) for
a 1 .92 acre parcel at 11030 S .W . Gaarde (Wash. Co. Tax Map
2S1 10A, Tax Lot 1500) .
5 . 3 lONDITIONAL USE CU 30-76 (Wayside Inn) NPO IV
A request by Way W. Lee for a conditional use permit to
locate a four story motor-hotel on S .W , Pacific Highway
north of S .W . 69th Avenue (Wash , Co . Tax Map 181 36AD, Tax
Lot 6504) .
5 .4 CONDITIONAL USE CU 31-76 (Davies) NPO VI
ms , ,
A request by M.A.D. Inc, and Robert Davies for a conditipnal
'ft\ use permit to locate a commercial/professional office
building at 14050 S .W. Pacific Highway (Wash. Co . Tax Map
231 10A, Tax Lot 203) .
5 .5 VARIANCE V 11-76 (Dahlin) NPO VI
A request by Alfred D. Dahl in for a variance to the back
yard setback :in a R-7 planned development (single family)
at 15780 S .W. highland CI , (Wash . Co . Tax Map 231 10DD,
Tax Lot 8400) ,
6 . OTHER BUSINESS :
6 . 1 Report on City Council actions
7. ADJOURNMENT:
315 E. EVERGREEN BLVD. •
VANCOUVER,WASH,98660
LE 11 PHONE:
VANCOUVER (206)693.1469
ps, PORTLAND (503) 2(33.2523
nr.Tri
October 28, 1976
Planning Commission
City of Tigard
12420 S.W. Main Street
Tigard, Oregon 97223
7 Re: Proposed New Wayside Inn - 120 Unit Motor-Hotel
for Way W. Lee General Contractor, Inc.
Gentlemen:
Following is a description of the proposed project and the impact
it may have on the community specifically directed to the points
of question in the application procedures:
1. What we are requesting is a variance of 15 feet in the
allowable height of 35 feet. This would allow for a
maximum construction height of 50 feet or approximately
• \• five stories in lieu of the allowable three stories.
The reason for this request is the proposed Motor-Hotel
is to be four stories with the maximum height not
exceeding 40 feet from the finished grade around the
building.
2. According to the Tigard Community Plan, dated October,
1971, commonly called the Comprehensive Plan, the site
we are proposing to develop the Motor-Hotel on is located
in an area indicated as General Commercial. Our proposed
Motor-Hotel does fall within the prescribed land use as
defined by the Tigard Zoning Code.
By allowing the height variance, you are allowing more of
the land to be landscaped rather than covered with build-
, ings. By the way we have placed the building on the site,
the highest point will be approximately 5 feet above the
crown of Pacific Highway West, to the north.
3 . This project would be beneficial in allowing people to
stay in the Tigard Area for business or pleasure rather
than having to travel out of the area for a place to
stay. The City of Tigard is beginning to grow out or
sprawl and this is one pPoject pointed to help the City
•
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Planning Commission October 28, 1976
City of Tigard Page 2
grow up rather than out. This project will be very benefi-
cial to the tax base of the City of Tigard.
-
4. In the past several years, Way Lee has 2rovided S.W. 69th
. Avenue, a storm sewer system and a sanitary sewer system
to service the area, which has been handed over to the City.
Along with the sewer systems and road, an E0 dia. water
line and fire hydrants have been extended east along
Pacific Highway. We are providing access to the property
from S.W. 69th Avenue and at the northeast corner of the
property onto Pacific Highway.
We feel the impact on the traffic in the area will not be
. adversely affected by the project. This project is being
oriented towards the businessmen who will be able to stay
in town rather than having to travel in and out to do
business in Tigard. With the G.M. Service School and
•
'Irord Service School in the area, the people attending the
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schools would not have to travel far each day which will
help in the fuel comsumption.
There is a turning lane on Pacific Highway allowing cars
to turn into the project from the east without blocking
the flow of traffic. The visibility to the east and west
along Pacific Highway is not hindered from the approach
roads.
We feel that the traffic to and from the project will not
be high during the peak traffic times but more spread out
due to the close proximity to the City. From past
experience, we feel that there should not be more than
approximately 150 cars generated to the project in a peak
day.
5. We feel that the close proximity to Interstate 5 makes
this site ideal and should help relieve some traffic
from wandering through Tigard looking for a place to
stay the night.
6. Along the east of this project is located a P.G.E.
Power Sub-Station which should not be affected by what
we are proposing. This project should help the three
,) restaurants to the west rather than be a deterrence to
their business. Properties across Pacific Highway fall
into the same category as this project. The visual affect
should be minor, if any, due to the location of the build-
ing on the site.
7. All services (sewers, water, fire protection and roads)
have been provided for previously by Way Lee. As for
schools and parks, the impact this project will have is
•
Planning Commission October 2$, 1976
City of Tigard Page 3
to add more tax base with no increase of load to schools or
parks.
Z hope this answers most of the questions there may be on this project.
The submitted plans will give you more detail about the building and
site development.
Sincerely,
itAv �N.imH`dr.+IM"r a'1
Architect
KLC:aw
ip
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• ZONE CONDITION4T, USE - VARIANCE - TT,'MPORAPAT, USE - NON-CONFOR! NG
USE REQUESTS
APPL I CAT T QN
File # -
TigLrd Planning Commission 639-4171
Fee Rec'd.,2,12,..,-,op
1242U SW Main St. , Tigard, Oregon 97223 •
Receipt
Date Roe d _La-
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PLEASE PRINT IN INK OR TYPE
Action Requested E4REN-Paie411-0E-CONDITIONAL USE PERMIT ra A 41 S70".3%.1 JAurst,„
Applicant's Name_ WAY W. LEEN.ERAL CONTRACTOR, INC. Phone 234-0591
Applicant's Address5210 8.E, 26th Ayenue Portland Otegon 97202
6;17W-67 763673---C7Carej---17fpra
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Owner's Name Phone
WAY W6 LEE, GENERAL CONTRACTOR, INC. 234-0591
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Owner's Address_ 21,0 865, 26t It Avenue Portland Oregon 97202
(street) --TaTETT— s
Applicant is: Owner_X Contract Purchaser._ D eve 1 op er_ Agent__
Other
Owner Recognition of application: .11110°.,
L President
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signature of owner(--S-)-----
Person responsible for application_Wayy. Lee
5210 S.E. 26th Avenue Portland Oregon 97202 •
• (street) (city) (state) (zip)
PROPERTY TNVOLVED: Tax Map # Tax Lot(s)
• Acdruss Area _.(acres)
Existing Buildings (# and
Current zoning t.,urrent USe.
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Applicant ts Applicant's
Propotled Zoning _ Proposed Use _
SUPMISSION REQUIREMENTS: Title Report "F0 Sant)" Requirements
• Lera.1 Description Vicinity Map
Tax Map Site Development Plan
Site plan
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. Highway Divi4:4on' "
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Pile 6963
, -23-75
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RELEASE OF ACCESS .IGHTS
KNOW ALL MEN BY THESE PRESENTS, That WAY W. .EE, GENERAL CONTRACTORS, INC., an Oregon
corporation, hereinafter called "Owner", does hei.'..by convey and release unto the STATE
.1 OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Highway Division, hereinafter
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called "State", all private access rights to and from Owner's property situated -In the NC1
*." of Section 36, Township* I. South, Range I West, N.M., Washington County., Oregon reserved
, ' * ' in that deed recorded in Book 640, Page 319 of Washington County Deed Records.
• The consideration for the above conveyance and release is the permit to be granted to
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the City of Tigard for the connection of S. W. 69th Street to the Pacific Highway West
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1 opposite Highway Engineer's Station 10+60.6.
And Owner does hereby covenant to and with State, .its successors and assigns, that
it is the owner in fee simple of the property which abuts the Southerly side of the
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Pacific Highway West opposite said Station 10+60,6 and has a legal right to give this
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release to State.
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... Dated. this Ielll day of ...yp2tr,lier , 1975.
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WAY W. LEE;
GENERAL CONTRACTORS, INC., .
i an Oregon corporation
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BY
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By
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Ipt :
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• , STATE OF OREGON, County of Vulttu:'moh
NtATmlotr i9 1975. Personally appeared 40' 4 Lt0
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, 1 and , _ _ _ ., who, being oworn, stated that they are the
,-. p Prtident and of grantor corporation and
____.•___ •_._____.___.•.- _ -, _. _ _
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that this instrument WAS voluntarily signed in behalf of toe corpooltion by authority
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• 1.' of its Board of Directors. Before me:
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,,,_..:,,,, ,
. T, ..,,,...-_ ,._.
• Notary liut;lizr for Oregon
4/26/17
My Commission expires
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. EXHIBIT "A"
A portion of Lot 3, of Way Lee Subdivision, a duly recorded si, livi, i,:m ir, the East
L,
. 1/2 of Section 36, Township 1 South, Range 1 West, Willamette r,,ridian, in Tigard,
Washington County, Oregon described as follows: Beginning at a 3/4" iron pipe at
.• the Northeast corner of Lot 3 of Way Lee Subdivision; thence South On 03 14" West
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along the East line or said Lot 3 and Way Lee Subdivision 222.14 feet to the true
point of beginning; thence continuing South 00 13' 14" West along said Fa'vf-, line
472. 63 feet to thi initial point of said Way Lee Suhdivisior. " . ( "0" W, V .
0
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, 1W3.63 feet dION f.11.,! South Line of Lot 3; thence N 00° 10' ; . .;
thence N 89° 49' 10W along the south line of Lot 3 101 ,48 fe.:., , ,) th,, 10, .f.J. Line of I -
, .• said Lot 3; thence North 0° 40' 00" West along the West line o Lot ',3, .I.K.38 feet
i
to the Northwest corner thereof; thence North 89° 20' 00" East 295.95 fent to the ...
point': of beginning. Said Portion of Lot 3 containing 3.15 zIcrPs Priro , logs.
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Together with the following driveway easements: ,
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. , , Or kewav Easement #1
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. , A strip of land 30.00 feet wide in Lot 3 of "Way Lee" Subdivision,
. a duly recorded subdivision in the East Half of Section 36, T 1 S,
•' • R 1 W, WM. , in Tigard, Washington,County, Oregon Oescr;1 -,:i as
follows :
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Beginning at a 3/4 inch iron pipe at the Northeast Corr of Lot 3,
"Way Lee" Subdivision; thence S 000314" W along thca E..1131.., Lino of
said "Way Lee" Subd".vision 222. 14 feet; thence S 1119"20'Qn" W, 30.00 i
feet; thence N 0"014" Et195.70 feet to the Soutirterly 1:i :114 -of-way
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of Patific Highway Vest; thence N 462230" L alonA so.i0 i. i :,,ht.'.-of- ,
. . w,ly 5. 29 feet; thence Northeasterly along the arc of a 447 . 70 foot I
radius curve, the center of which bears S 43'37 ' 30" E, an arc
A . distance of 34.92 feet (the long chord of which bears N 42'36' 35"
E 34. 91 feet) tJ the point of beginnintr. toFether pith a slope
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easement described as follows:
, •f A strip of land 15.00 feet wide lying West of and tidjacmt to the
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above described 30.00 Ft. driveway easement.
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______________Easement i.2
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BoOnning 4,1.t the Northwest Cr nei. of Lot 3 of "Way Le" S'Codivis4on, t
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A duly recorded plat in the East nail of Section 361, 1 P O
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a. WuM4ip in Tignrd„ Washington 'aunty, Oregon; thence Nni7theastrly .
along the A=c of a 479.50 foot curve, the center of which hears 'i
N 32'02' 55" W, an arc distance of 52.00 feet' thencitl S 21321 '38" E
7 0 H
. .32,.66 feet; thence S 8920'00" w 9 :-.7.00 feet to tht , Jtr.:.° 04:
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.,.. Ilpinning.
,, 41, vi4
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' ZONE CHANGE - CONDITIONAL t7 VARIANCE - TEMPORARY 'ej NON-CONFORMINQ
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USE REQUESTS
APPLICATION File #
Fee Ilec 'd,
t
Tigard Planning Commission 639-4171 Receip #
12420 S.W. Main St . , Tigard, Oregon 97223 Date RQC1r1
By
PLEASE PRINT IN INK OR TYPE
, • Action Requested 11-4.2.1,aragAzj--
' Applicant ' s Name ES010
T-G)rah
eo.
Applicant ' s Address 4/3 k__ dtC
(street " (ca. y) (state) (zip)
Owner ' s Namej/
Phone
Owner ' s Address //d 6_0 w, ‘7),440
, ,,_
(street) (city) (state) (zip)
. Applicant is : Cwner Contract Purchased Developer Agent_XL
Other
ye'
Owner Recognition of application :
•
signature 6f owner(s)
Person responsible for application._,..... 73_06____ e4'
A.?* 4-FehrilezAd:14. .„0-zi city
" cs-Treet) (stat'e)
PROPERTY INVOLVED: Tax Map # Tax Lot(s)
Address Area ( acres)
Existing Buildings (# and type)
. •
Current zoning .Current Use
Applicant ' s Applicant ' s
Proposed Zoning Proposed Use
,
SUBMISSION Title Report "Fasano" Requirements
REQUIREMENTS: Legal Description Vicinity Map
Tax Map
Site Development Plan
. ,
Site Plan
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i 4 6A .
AGREEMENT
The parties to this agreement are
and
The parties enter into this agreement for the purpose of establishing
a fund to be used to purchase and install a set of traffic control
signals for the intersection of Highway 99W and
*rrS Street in the City of Tigard,
In consideration of the mutual promises recited in this
agreement, the parties agree as follows;
1, Each of the parties to this agreement shall pay an
equal share of the total estimated cost of the purchase and
insallation of such signals as may be required by the City of
Tigard and the State Transportation Commission of the State of
Oregon.
2. This agreement shall be presented to the City of
Tigard along with a letter asking that the City secure an estimate
of the cost of purchase and installation of the required signals,
and that such an estimate be submitted to the parties.
3. Each of the parties shall pay its share of the estimated
cost to the City of Tigard not later than the 30th day llowing
the mailing of the estimate by the City.
4. It is understood that actual costs may vary from the
estimates. The parties agree that in the event actual costs exceed
• Page 1 - Agreement
•
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afro
the estimates each will pay his equal share of the difference not
later than 30 days after presentation of the statement by the
City. In the event actual costs are :Less than the estimates, each
party will receive an equal refund,
5. It is understood by the parties that ownership of
the traffic control signals, and all rights to their installation
and maintenance shall belong to the City of Tigard and the State
Transportation Commission0' and that the parties will have, and
will claim, no right to the signals,
6. It is agreed by the parties that the terms of this
agreement may be enforced by any one of the parties, or by the
City of Tigard. In the event litigation arises on account of this
agreement, the prevailing party or parties shall be entitled to
recover from the party or parties against whom they prevail their
attorney fees and court costs.
Date:
Date:
Date:
Datet
Date:
Page 2 - Agreement
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