Planning Commission Packet - 11/21/1972 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PLEASE NOTE: The original paper record has been archived and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.
ee AGENDA
Tigard Planning Commission
Regular Meeting -. November 21, 1972
Member Section - 7:30 P.M.
Public Hearing. - 8:00 P.m.
Twality jr. High School Lecture Room
14650 S.W. 97th, Tigard, Oregon
I. GALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
A. Regular meeting of October 17, 1972
IV. PUBLIC HEARING
A. Zone Change (ze 2-72, carried over from September 19 meeting)
JOSEPH CHAMBERLAIN ET AL Applicants
A request for a change of zone classification from R7,
Single Family Residential to C-3, General Commercial for
parcels located on the east side of S.W. 72nd Avenue,
approximately 300 feet south of S.W. Pacific Highway
(Tax Nap ISI 36DA„ Tax Lots 902, 1100, 1200, 1300, 1301,
1302, and portions of 900, 901, 1000 and 1102)
1. Staff Recommendation,
2. Commission Discussion, and Action
B. Conditional Use (CU 10-72, carried over from September 19 meeting)
ARROW HEATING CO" Applicant
An application for a conditional use permit to allow outside
storage on C-3, General Commercial parcels located on the
east side of S. T. 72nd Avenue approximately 300 feet south
of S.W. Pacific Highway (Tax Lots 1100 and 1300 on Tax Map
1S1 36DA)
1. Staff Recommendation
2. Commission Discussion and Action
CO Conditional Use (CU 15-72)
• 4 Ti GARD LUMBER co., Applicant
A request for conditional use approval to allow the continued
operation of a lumber yard within the C-3„ General Commercial
s' zone located, on the northeast corner of S.W. Johnson Street
and. S.W. Pacific Highway (Tax Lot 1200 on Tax Map 251 2BA)
1. Staff Recommendation
2. Public Bearing
3. Commission Discussion and Action
D. Conditional Use (CU 16-72)
McCALL OIL and CHEMICAL CORPORATION, Applicant
A request for conditional use approval to allow barkdust
storage on an M-3, Light Industrial parcel located east
of S.W. Tigard and. Katherine Streets, between two railroad
rights-of-way. (Tax Lot 1300 on Tax Nap 1S1 35C)
1. Staff Recommendation
2. Public Hearing
3. Commission Discussion and Action
E. Conditional Use (Cu 17-72)
H. A. ANDERSON CO,Iljagl, Applicant
A request for conditional use approval to allow temporry
storage of contractor's equipment and materials on M-3,
Light Industrial and M-4, Industrial Park parcels located
west of S.W. 72nd Avenue and south of S.W. Cherry Street
(Tax Lots 1200 and 3301 on Tax Nap 251 1DC)
1. Staff Recommendation
2. Public Hearing
3. Commission Discussion and Action
F. Variance (V 7-72)
COLUMBIA CUSTOM HOMES, Applicant
A request for side yard variance approval to allow the
construction of a two-story single family dwelling 5 feet
from the side property lines on an R-7, Single Family
Residential lot located within the Viewmount Subdivision
between S.W. 114th and 115th Avenues, north of S.W. Gaarde
Street (Lot 33, Viewmount Subdivision, Tax Nap 251 3DC)
1. Staff Recommendation.
2. Public Hearing
3. Commission Discussion and. Action
Page 2 - PC Agenda - 11-21-72
G. Zoning Ordinance Amendments
CITY OF TI 'ARD 9 Applicant
• R€quests to amend, the City of Tigard Zoning Ordinance to
place motion picture theaters and, "restrictive patronage
uses into the conditio use provisions of the zoning.: ordinances and to add a conditional use renewal fee of
$25.00 to the application fee schedule.
1. Staff RecoamAendation.
2. Public Hearing
3. Commission Discussion and Action
V. SITE DEVELOPMENT PLAN REVIEW
A. Pollock-Wiegel Apartment Project (Bonita Rd.)
B. "Buz White" Silkscreen .(Burnham St.)
C. Hyster (Sandburg St.)
D. "4-m (72nd. Ave.)
E. Hi'Hat (99°W)
VI. SUBDIVISIONS AND MINOR LAND PARTITIONS
Cash e
A. Ca Realty y (C apt r St.)
VII. DEDICATIONS
VIII. OTHER ITEMS
A. Billboard. Committee
B. Next Planning Commission meeting (December 59 1972)
Ix. ADJOURNMENT
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Page 3 - PC Agenda - 11-21-72
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'91
(,
MINUTFo
Yigard Planning (.;bmmission
P,uculhr plecLing - ,,,1„ 1972
Nwality or. uign ,ichool , ,',..e?),ure Room
14650 ;-;.N. 97th, Tigal,dy Oregon
CALL TO ORDER
A. The meeting as called to order at 800 P.M.
II. BOLL CALI,
A. Present; Commissioners Hartman, Lewis, Nicoli„ Paterson,
Chairman Whittaker: Fred Anderson, City Attorney:
Bay Rangila, City Planner.
B. Absent: Commissioners Barkhurst and Severson.
III. APPROVAL OF MINUTES
A. The minutes for the regular meeting of October 17, 1972
were approved as submitted.
IV. PUBLIC BFARING
A. ;',,one Change (7,,C 2-72, carried over from September 19 meeting)
JOSEPH CHAKBERLAIN ET AL Applicants
A request for a change of zone classification from
R-7, Single Family Residential to C-3, General Commercial
for parcels located on the east side of B.W. 72nd Avenue,
approximately 300 feet south of S.W. Pacific Highway
(Tax Nap 131 360A, Tax Lots 902, 1100, 1200, 1300, 1301,
1302, and portions of 900, 901, 1000 and 1102)
B. Conditional Use (CU 10-72, carried over from September 19 meeting)
• ARROW °I? •HEATING CO Applicant
An application for a conditional use permit to allow outside
storage on R-7, Single Family parcels located on the east
side of S.W. 72nd Avenue approximately 300 feet south of
S.W. Pacific Highway (Tax Lots 1100 and 1300 on Tax Map
1s1 36DA)
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1. Staff Recommendation
a. The staff recommended denial of the zone change
and approval with conditions of the conditional
use as a temporary use.
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2. Public Hearing
a. The public hearings for the zone change and
conditional use were held concurrently.
b. The public hearing was opened.
c. No one spoke.
d. The public hearing was closed.
3. Commission Discussion and Action
a. Mr. Nicoli asked if Mr. Chamberlain had been
advised of the meeting.
b. The City Planner stated that Mr. Chamberlain
was advised of the meeting.
c. The City Planner stated that Mr. Chamberlain
felt that changing the zone to C-P, Commercial
Professional before further study would isolate
and landlock several parcels.
d. The City Planner stated that if the subject
property was zoned General Commercial, cert-in
uses would be allowed that would possibly contra-
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diet the objectives of the "Triangle".
e. It was moved (Lewis), seconded (Paterson)
and passed by unanimous vote of the Commission
present to deny the zone change and approve the
conditional use as a temporary use subject to
the following conditions:
1. That a site plan indicating the location 1'
of the storage yard, fencing, screening,
etc., be approved by the Planning Dept.
2. That the conditional use permit shall be in
for one year, and then. may be extended
with Planning Commission approval.
Ej
C. Conditional Use (CU 15-72)
TIGARD LUMBER YARD, Applicant
A request for conditional use approval to allow the continued
operation of a lumber yard within the C-3, General Commercial
zone located on the northeast corner or S.W. Johnson Street
and S.W. Pacific Highway (Tax Lot 1200 on Tax Map 261 2m)
1. Staff Recommendation
( a. The staff recommended approval with conditions.
Page 2 - PC Minutes - November 21, 1272
2. Public Hearing
a. Mr. James Aitken, 12585 3,W. Pacific Highway
testified in favor of the request.
b• Mr. Aitken stated that he would be unable to provide
a greenway at this time--because his building is
within 25 feet of the creek.
c. Mr. Aitken stated he had discussed his property
with the State Highway Department.
d. Mr. Aitken questioned, the staff's first condition
regarding access to the subject property. I
e. Mr. Aitken stated he didn't believe he could have
the paving and striping done prior to occupancy.
f. The public hearing was closed.
3. Commission Discussion and Action
a. Mr. Whittaker questioned the type of material
being stored on the subject property.
b. Mr. ,Aitken stated that lumber would be the main
material stored, but at the present time some
material for the new building would be stored.
c. Mr. Lewis questioned the access from Main Street
to the front of the subject property.
d.. Mr. Nicoli asked why it was necessary to have
20 feet for the greenway.
e. Mr. Paterson stated that in some cases the City
may have to settle for less than 20 feet or ask
for an easement for the greenway.
f. The City Planner stated that the intent is to provide
a five-foot athwas
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g. Mr. Whittaker stated that another reason for the
twenty feet was that in some cases the City may
have to fill a portion of the greenway in order
to provide a path.
h. Mr. Whittaker expressed concern over the potential
for accidents from direct access to the subject
property from Pacific Highway.
i. Mr. Lewis stated that condition four of the staff's
recommendation could be changed to: "That an
easement along the northeast property line be
negotiated and dedicated to the City of Tigard as
pa rt of the planned greenway system along Fanno
Creek--adequate in width for the construction of a
combination bicycle and pedestrian path.`B
j. Mr. Paterson questioned condition one of the staff's
recommendation.
Page 3 PC Minutes - November 21, 1972
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k. Mr, Whittaker explained the 6'Ir si condition of
the staff's recommendat ion..
1, The City Attorney stated that. the City did not
have the right to limit ac-;ess to the subject
property.
m. Mr. Peterson asked if the State controlled the access.
n. Mr. Anderson stated that the State :flog y Dept.
would have to buy the accecs rights.
0. It was moved (Lewis), seconded; (Hartman) and. ,passed
by a 4 to 1 vote (Paterson voting no) or the
Planning Commission present to approve the regy t
with the following conditions:
1. That egress from tho site be gained to k`obnson
Street, rather than Pacific Highway, and that
access to the site be allowed from Pacific N';ighway
and Johnson Street. This shall be implemented
after the designated buildings are removed and
within 18 months.
2. That areas designated for outside storage on, the
site plan shall be enclosed by site Obscuring fences
not exceeding eight feet in height, and any stored
materials shall not extend above fence height.
3. That trees of a type which will provide an element
of screening be planted on the property line where
the open structure for lumber storage is adjacent
the apartment buildings.
4. That an easement along the northeast property
line be negotiated and dedicated to the City
of Tigard as part of the planned greemway system
along Panno Creek..adequate in width for the
construction of a combination bicycle and
pedestrian path.
5. That a detailed site plan indicating revised
circulation, existing buildings, proposed building
locations, storage areas, screening and landscaping
shall be approved by the Planning Commission within
one year.
6. That existing drive' ys and off-street parking areas
shall be paved and spaces ,striped prior to occupancy
of the new building.
Page PC Minutes - November 21,,1972
D. Gonditional Use (CO 16-72)
McOri,33, )1:Laud („divzOlC*4.,
A request for f,onditional bpAkdust
storage on an M-3, Light ind0. , lo(!,---tc.4 east
uf S.W. Tigard and KAtherine Strect8, htween tvIn rallEoad
lAghts-ef-wa . (11tX lot 130) on Tax gap 181 15C)
1. Staff ReP,ommobdation
a. The staff recommenAed appro4A with c'onditAons.
b. The City Planner rc1 iotttrT crom Mr. ri,JA, :n
opposition to the regpest.
2. Public Hearing
a. The public hearing was opened.
b. Mr. Bob McCall testified in favor of the request.
c. Mx. McCall stated that the applicant did not ptan
any sizeable storage.
d. Mr. McCall stated. that 600 units of barkdust would
equal a five day supply.
e. Mr. McCall questioned the condition requiring fencing.
f. Mrs. Piatt, 98th Ave., questioned the fire hazard
and dust.
g. Mr. Whittaker asked the applicant if he knew the size
of the storage area in Progress.
h. Mr. McCall stated that the Progress storage area
contained three or four thousand units of barkdust.
i. Mr. Nicoll stated that condition 1-B of the staff's
recommendation could be changed to "Fencing should
be provided no lower than the top of the barkdust
pile, which is limited to a height of 8 feet."
J. It was moved (Lewis), seconded (Nicoll) and passed
• by unanimous vote of the Commission present to
approve the request subject to the following
conditions
1. That the site be developed in such a wanner
as to not have a negative environmental impact
upon the community. Environmental protection
measures should include:
A. Seepage control in the form of paving and
retention of seepage waters on site.
B. Fencing should be provided no lower than
the top of the barkdust pile which is limited
to a height of 8 feet.
Page 5 - PC Minutes - November 2,1, 1972
C. Landscaping should be provided around the
site to improve its visual appearance. The
retention of existing vegetation could be
included as part of the landscaping plan. ..
D. Operating hours should, be limited to 7 A.M.
to 7 P.M.
2. That a detailed, site development plan indicating
paving, fencing, off-street parking, landscaping,
buildings and storage areas shall be approved by
the Planning Commission prior to occupancy.
3. That the conditional use permit shall be in effect
for a period of one year,, and then may be extended
with Planning Commission approval..
E. Conditional Use (cu 17-72)
H. A. ANDER39N C9., INC.r Applicant
A request for conditional use approval to allow temporary
storage of contractor's equipment and materials on M-3,
Light Industrial and M-4, Industrial Park parcels located
west of S.W. 72nd, Avenue and south of S.W. Cherry Street
(Tax Lots 1200 and 3301 on Tax Map 2S1 1DC)
1. - Staff Recommendation
a. The staff recommended approval with conditions.
2. Public Hearing
a. The public hearing vaas opened.
b. Mr. Anderson testified in favor of the request.
c. Mr. Edward, Rolling Hills Subdivision, spoke
in opposition to the request.
d. Mr. Christenson, 7470 S.W. Cherry 9t., spoke
in opposition to the request.
e. Mrs. Robert Rermanson, 7530 S.W. Cherry St., spoke
in opposition to the request.
f. Mr. Raymond Ems, 13400 S.W. 76th, spoke in
opposition to the request.
g. The public hearing was closed.
3. Commission Discussion and Action
a. Mr. Hartman asked how much of the property the
applicant would be using for the storage
b. ,Mt. Anderson stated 15 or 20 percent would be used.
c. Mr. Nicoli. stated:he agreeded with the residents. I
d. Mr. Whittaker expressed, concern for the neighboring
subdivision
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Page 6 - PC Minutes - November 21, 1972
e. It was moved (Lewis), seconded (Nicoll) and passed
by unanimous vote of the Commission present to deny
the request.
F. Variance (V 7-72)
COLUMBIA CUSTOM HOMES, Applicant
&4. request for side yard variance approval to allow the
construction of a two-story single family dwelling 5 feet
from the side property lines on an R-7, Single Family
Residential lot located within the Viewmount Subdivision
between S.W. 114th and 115th Avenues, north of S.W. Gaarde
Street (Lot 33, Viewmount Subdivision, Tax Nap 251 3DC)
1. Staff Recommendation
a. The staff recommended denial.
2. Public Hearing
a. The public hearing was opened.
b. Nick Bunick, 9 Mt. Jefferson Terrace, ;Lake Oswego,
testified in favor of the request.
c. The public hearing was closed..
3. Commission Discussion and Action
a. Mr. Nicoll stated that he did not believe that a
hardship existed in this case.
b. Mr. Nicola, stated that he felt the applicant had
caused the problem.
c. Mr. Lewis stated he agreed with Mr. Nicoli.
d. Mr. Paterson stated he did not consider the house
to be two stories.
e. It was moved (Lewis), seconded (Nicoli) to deny
the request. The motion did not pass due to a
2 to 3 vote (Commissioner Lewis and Nicoll voting
yes: Commissioners Hartman, Paterson and Whittaker
voting no)
f. It was moved (Paterson), seconded (Hartman)
to approve the request.
g. The City Attorney stated that unless the request
met the approval criteria for a variance, the
Planning Commission could not legally grant the request,
unless zoning ordinance amended for more flexibility.
h. The City Planner stated that the request could be
approved, and Zoning Ordinance amendments initiated
to add flexibility to rigid setback standards.
a . The motion to approve the request did not pass due
to a 4 to 1 vote (Commission Paterson voting yes,
Commissioners Hartman, Nicoll, Lewis, Whittaker
voting no.)
Page 7 - PC Minutes November 21, 1972
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j. It was moved (Lewis)„ seconded (Hartman) and
passed by a 4 to 1 vote (Paterson voting no) F
to deny the request. F
G. Zoning Ordinance Amendments
CITY OF' TIGARD, Applicant
Requests to amend the City of Tigard Zoning Ordinance to
place motion picture theaters and. "restrictive pastronage
uses into the conditional use provisions of the zoning
ordinance, and to add a conditional use renewal fee of
$25.00 to the application fee schedule.
1. Staff Recommendation
a. The staff recommended approval.
2. Public Hearing
a. The public hearing was opened..
b. No one spoke.
c. The public hearing was closed.
3. Commission Discussion and Action
a. Mr. Whittaker stated that the amendments
would be voted on separately.
b. It was moved. (Hartman), seconded (Lewis)
and passed by unanimous vote of the
Commission present to delete Section 140-1-o.
Motion picture theater (not & ve-.in)
c. It was moved (Hartman), seconded (Lewis)
and passed by unanimous vote of the Commission
present to amend Section 110-2 (Conditional
Uses in C-3 zone) to read:
li
Drive-in theater or indoor theater.
d. It was moved (Lewis), seconded (Hartman) F'
and passed by unanimous vote of the Commission
present to amend Section 140-2cc. (Conditional r,.
Uses in C-3 zone) to read as follows:
Tavern, cocktail lounge or other restrictive
patronage uses.
e, Mr. Hartman asked, if the above amendment included
private clubs.
f. It was the general consensus that private clubs
were included.
Page 8 - PC Minutes - November 21, 1972
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\_. g. It was moved (Hartman), seconded. (Paterson)
and passed by unanimous vote of the Commission
present to amend. Section 150-2 (Conditional
Uses in C-4 zone) to include Section 150-2 1:
Any allowed. uses within Section 150-1 or 150p2
which restrict patronage.
h. It was moved (Lewis), seconded, (Paterson) and
approved by unanimous vote of the Commission
present to amend Section 155-1-o to read:
Tailor shop, dress shop, clothing store;
other similar service or retail use, if
approved by the Planning Commission and
subject to the same conditions. Restrictive
patronage uses shall only be allowed in the
C-3 zone.
i. It was moved (Hartman), seconded (Paterson)
and approved by unanimous vote of the Commission
present to amend Section 270-8 to include:
Conditional Use Renewal Applications--$25.00
V. SITE DEVELOPMENT PLAN REVIEW
A. Earl Reid. (Main Street)
1. The staff recommended approval of the building
location only.
2. It was moved, (Lewis), seconded. (Hartman) and
passed by unanimous vote of the Commission present
to approve the building location only.
VI. SUBDIVISIONS AND MINOR LAND PARTITIONS
A. Cash Realty (Center Street Minor Land Partition Request)
1. It was moved (Hartman), seconded (Lewis) and passed
by unanimous vote of the Commission present to
table the request until December 5, 1972.
IX. ADJOURNMENT: 10:55 P.M.
Page 9 - PC Minutes - November 21, 1972
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•' Tigard Planning Commission aj
Staff Report
November 21, 1972
Item CU 15-72
Conditional Use
4 For property designated as tax lot 53 on tax map 281 2AB. '
Applicant
Tigard Lumber and Building Supply (James N. Aitken)
Applicant's Request
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The applicant wishes to continue and expand the operation
of a lumber yard, which requires conditional use approval
for its location in a general commercial zone.
Location and Land Use of Sub ect Property
The Tigard Lumber Yard is located on the north side of S.W. •
Pacific Highway and east of its intersection with S.W. Johnson
Street. This corner lot is presently occupied by a real estate
office and one house, as well as the lumber yard and hardware
store.
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Surrounding n&Zoni and Land Use .
The subject site is urros unded by a variety of zoning
1 districts. To the northeast, across Fenno Creek, is
an M-4, Industrial Park District. Abutting the site
on it;, northwest boundary is an A-2, Apartment District
and to the southwest across Johnson Street and south •
across Pacific Highway is General Commercial Zoning.
The existing land use consists of vacant and partially wooded
land along Fanno Creek, an apartment complex to the northwest,
St. Anthony's elementary school to the southwest and commercial
uses across Pacific Highway.
Conformance with the Community Plan
The plan designates this portion of the community for commercial
development. However, such heavy commercial or light industrial
use requiring outside storage are designated for the "commercial-
industrial" land use category--located in the Main, Commercial
and Burnham Street area. In addition, the Community; Plan
r.
designates a continuation of the greenway system along the
northeasterly property line of the subject property.
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. Staff Findings and Recommendation
The staff finds that:
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1. The location of the subject site is highly accessible due _
to its frontage along Pacific Highway. However, while .
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• $ this accessibility is desirable for a commercial enterprize, ,
". the means by which this access is gained from the adjoining .
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highway must be. carefully considered so that traffic hazards .
and impediments to the efficient flow of traffic are not
created. The site is located on the southwestern end of ,
. the Pacific Highway viaduct, and at an intersection which ,
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will soon be signalized. The location at the viaduct is 1
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significant in that traffic moves most freely on this
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portion of Pacific because there are no access points
to interfere with its flow. Therefore, the signal at -..'
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Johnson is the first- impediment to the west bound traffic
coming off the viaduct. Existing access to the site is
gained 'off Pacific approximately 75 feet east of Johnson.
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As the situation presently exists, two turning movement . .,
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patterns exist 75 feet apart. Also, continuation of the ,
entrance on Pacific Highway will allow north bound traffic
to cross southbound traffic--and may also coatliet ioith-cers
stopped at the Johnson light. 1,I
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, 2. The subject site adjoins land uses on the north and west
which require special development consideration. To the
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north, or rear of the site, is an apvrtment complex--and
to the west an elementary school. It that the apartments - .1
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represent a living environment, and site development on ' q
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this portion of the subject property must be carefully ' k;
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considered. For example, largo stacks of lumber or _
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buildings such as the open shed structure which now _
exists on the site near the rear of the apartments are
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inappropriate in this location. The proposed use for ,
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the land immediately adjacent the property line is for
a driveway, with the open structure to remain to the • 14
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. rear. Screening and planting now exists along the
property line and is adequate except for that portion
adjacent to the open structure. The presence of the
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elementary school presents a potential safety problem,
. resulting tram increased automobile :traffic on Johnson.
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However, it is likely that traffic to and from the . . ..!,..'
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. . site will use Pacific Highway, not generating additional
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traffic Past the school playground to the north on Johnson. ., - •.. : .''.•
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3. The site's northeastern boundary is Fenno Creek. This
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portion of the site should not be developed to prevent
hamard due to flooding. In addition, the Community Plan
designates a greenway along the course of Fenno Creek
to accomodate pedestrian and bicycle traffic. A paved
• pathway now exists from Fain Street north, passing under
the Pacific Highway viaduct, to the southeast corner Of
the subject property. From this point the path turns ,
east and follows the southern property line to Johnson
• Street. The extension of this pathway along Fenno Creek
is logical and would be a proper addition to the greenway
systems, providing another element of the badly needed
pedestrian circulation system.
The staff recommends approval of the Conditional Use and, ,
based upon the above findings, that the following conditions
be met in order to assure compatability of the use to its
surroundings.
1. That access to the site be gained from Johnson Street
rather than Pacific Highway. This shall be implemented •
after the designated buildings are removed and within
18 months.
2. That areas designated for outside storage on the site
plan shall be enclosed by site obscuring fences not
exceeding eight feet in height, and any stored materials
shall not extend above fence height.
3. That trees of a type which will provide an element of
screening be planted on'the property line where the open
structure for lumber storage is adjacent the apartment
buildings.
4. That within one year a twenty foot easement along the
northeast property line be dedicated to the City of
Tigard as part of the planned greenway system along
Fenno Creek--adequate in width for the construction of ,
a combination bicycle and pedestrian path,
5. That a detailed site plan indicating revised circulation,
existing buildings, proposed building locations, storage
areas, screening and landscaping shall be Approved by the
Planning Commission within one year.
6. That existing driveways and off-street parking areas
shall be paved and spaces striped prior to occupancy of
the new building,
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CONDITIONAL USE
area of consideration
for Lumber Yard
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CIT1 OF TICIARDFIAFIN1NG CCAAMISSION
notice h+,ruby ry iv,°! that publi hearing will be held
byy,, the ££i}it .. ng ;(Jommis stop of the City of Tigard y'/ �mithin
Mbe ,d W ali W yk Jr. Hi '� i.3 f' 11'rS�J ,1 1.'e. ut room, at 14650. s.B,ytl e
97th, T i},417.d y °n'?. dMC�d v'V:wmber 21,9 1972 at 8:00 P.M.,
math rvspt't>t+ to 't t o o lotti'1 ng:
An lTyl s atir`•Y. byTlgardL.arrat Coo fur :onditio: l
1 p,p 'iai to allow tr%.,.j u htin't.C.'d operation or a
lumber yard with!n, C!..3p Oe iora1 Commercial zone
t :::,±;;r rLV ,yr� of S.W.on Street
and S.W. S"_�.:rJ.1,�,.kn �T y,pe ;:4P/i��r (ii' +'e'4 5.t,..';t 1200 o'n Tax Map
26,
All +d.K A(.7"^s ho,v.i r k,'r a m,AttF;r are invited, to
attend Ar d heard.
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Tigard Planning Commission
Staff Report
November 21, 1972
Item CU 16-72 ,,,
Conditional Use
For property designated as tax lot 1300 on tax map 181 35C
Applicant,
McCail Oil and Chemical Corporation
•
Applicant's Request
The applicant wishes to utilize the subject property as an
outdoor barkdust storage facility, to serve customers on
• the west side of the Willamette River. Conditional use
•
approval is required in this M-3, Light Industrial zone.
Locations and Lend Use of Subject Property
The property is between two sets of railroad tracks,
beginning at the point where the tracks fork, to form
a pie-shaped parcel. To the southwest is Tigard Street
and its intersection with Katherine Street. The property
is presently occupied by a house which will be demolished
' -:::',.
if conditional use approval is granted. The site also
contains several large trees and a hedge along the railroad
tracks. 1
Surrounding Zoning and land Use
The property across Tigard Street is zoned M-4, Industrial
Park and the zoning across the railroad tracks to the
northeast is R-7, Single Family Residential. The remainder
of the land between the tracks and northwest of the site is
zoned M-3. Surrounding Land uses comprise single family homes,
some open land and an industrial use, the Tigard Industrial
Park, across Tigard Street from the subject property's southern
tip.
Conformance with the Community Plan
The plan designates this portion of the Community for
industrial development.
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k,,, , ;' The applicant has stated his ocopan r's intention to y
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store not more than ,600 unite of barkdust (4,200 . . : -' '''').:':4;
' cubic yards) and will not require extensive office :.
G facilities as this will be a pick-up point for the
ti; ; , truck drivers. He states that the drivers will probably
,]lad their own trucks and continue on their routes.
' Tice company plans on damolsihing the existing home and 4°
i,.* improving the garage as an office. All trees are to .
remain "if possible" to provide natural screening.
The equipment used will be parked on the site at
night--to include four trucks used for delivery. The ,;
applicant states that there •will be no odor, noiPs,
unsightlyness, air or water pollution.
Staff Findings and Recommendations
The staff finds that:
Y
a,
1. The subject property is separated from adjoining
single family uses by railroad tracks.
2. The properry is in an area changing from suburban .
• residential use to industrial use, and is designated
for industrial development within the Community Plan.
3. The proposed use will be an outdoor storage type of
operation which requires a conditional use permit in
all industrial zones.
4. The storage of barkdust presents several environmental
hazards which must be taken into consideration. There
is an existing barkdust storage facility at Progress
which will be used as an example of the problems created
by this type of use. In researching this conditional
• use application the staff contacted the Oregon State
Department of Environmental Quality. Dr. Westgarth .
stated that barkdust storage has been studied by the
D. E. Q. and they find it to be a "dangerous and
difficult storage problem". He stated that such
operations can create air pollution caused by wind .
blown barkdust and fire hazards due to spontaneous
combustion, careless smokers, passing autos and
trains. In addition, it presents a water pollution
hazard due to objectionable "leachates" which can
cause surface or ground water pollution resulting
• from seepage. All of these problems are viewed as
,. presently existing at the Progress operation. There
has been stream pollution resulting from seepage,
barkdust has been blown from the site--and Washington
" . County Fire District 1 reports several fires have
occurred along this portion of Hall Blvd., resulting
H r .t 4r �t•vt��mrter s x>K m't rse a x'u_. xi,,, ,;,� rtk r.�' k:A4e'
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S det +i,-} i
4 tir 1 1 't+er r'.
9 u, t +a, r t ¢
m 4K
73f ,• h_ lisdI* oar bark�dust ,
5 i:t�,Rn , �'� a cigarette thrown i~'�� a s�(
strewn along the roadside. There is *lso a noise fac*ar
,,,,F,„:;,,'''''-',.
to be considered„ in that a catipillar tractor is used fir.
to move the stored material.
5• Access to the site is limed from Tigard Street via a °
' . driveway across the railroad tracks. Thii street
J
�` ',`
�� • � presently serves industrial uses is planned as an .
1, ,. industrial collector street.
tf'..i , 6. This type of operation has a potential for unsigbtlyness, 4:
as evidenced by the site at Progress. .-
The staff recommends approval of the Conditional.Use and, ,
based upon the above findings, that the following conditions
be met in order to assure compatability of the use within
its surroundings.
1. That the site be developed in such a manner as
to not have a negative envtronmental impact upon
the community. ` Environmental protection measures j
should include:
+Y.
A. Seepage control in the form of paving and
retention of seepage waters on site.
B. Fencing should be provided no lower than
the top of the barkdust pile and of a solid type , . .:.,,.,
to prevent blowing of the stored material.
C. landscaping should be provided around the site
', to improve its visual appearance. The retention
`
of existing vegetation could be included as part
of the landscaping plan.
U. Operating hours should be limited to 7 A.M. to
7 P.M. ;"
2. That a detailed site development plan indicating
paving, fencing, off-street parking, landscaping,
buildings and storage areas shall be approved by the
Planning Commission prior to occupancy.
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CONDITIONAL USE
is■iivisitori area of consideration
o***o•e***
,10,4,4iatt 4,•4•64,4 for
avAvAvAvanili AvATATAYA Barkdust Storage
(,
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NOTICE OF PUBLIC HEARING
CITY OF TIGARD PLANNING COMMISSION
Notice is hereby given that a public hearing will be held
by the Planning Commission of the City of Tigard within
the Twality Jr. High School lecture room, at 14650 S.W.
97th, Tigard, Oregon on November 21, 1972 at 8:00 P.M.,
with respect to the following:
An application by McCall Oil and. Chemical Corp.
for conditional use approval to allow barkdust
storage on an M-3, Light Industrial parcel
located east of S.W. Tigard and Katherine
Streets, between two railroad rights-of-way.
(Tax Lot 1300 on Tax Map 1S1 35C)
All persons having an interest in the matter are invited to
attend and be heard.
•
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Tigard Planning Commission k
Staff Report
November 21, 1972
Item CU 17-72
i • Conditional Use
• For property designated as tau lots 1200 and 3,301. on tax map
2S11HC
I
Applicant '
r'is H.A. Anderson Company
t,.
Aiwcant's li Request
r
,, The applicant is a construction company involved in the widening;
i
project on Interstate 5 and is in need of space near the construction
f::::
site for storage of materials and equipment. The request is for
0 conditional use approval in M-3 and M-4 industrial zones to use
�`i the property as a temporary storage site for a maximum of one
'.i year with the principal use entended for the winter close down
s period.
i.R Location and land Use of Subject Prouty,
' The property is located west of 72nd Avenue and borders the
4 Rolling Hills Subdivision to the north. The site is presently
vacant and unimproved.
Surrounding and Iii Use
The zoning to the east and north residential, and industrial
i to the south and west. Single family homes make up the Rolling
Hills Subdivision to the north and there are two homes between
j •
the subject property and 72nd Avenue to the east. Industrial uses
exist to the south and include Circle A W, an electrical manufact-
uring firm and farther south, Fought Steel Company. To the west
lie the railroad tracks and vacant land beyond.
Conformance to the Community Plan
The subject property is planned for industrial use.
Staff Findings and Recommendation
1. The subject property is situated in an industrial district,
bordering a residential area to the north. The special
circumstances resulting from this location adjacent a
residential area should be a site development consideration.
However, the relatively short duration of the use appears
•
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to make the usual requirements for screening, landscaping, '`i
etc. unnecessary.
t:: 2. Noise resulting from the movement of heavy equipment to and
from the site could produce a considerable nuisance for the
l adjoining homes.
3. Access to the property is gained from 72nd Avenue, a planned
collector which is presently a substandard facility.
4. The requested use it for a 12 month period, a fact
' reducing the anticipated problems which are not major
or injurious to the public welfare, to temporary ones.
The staff recommends approval of the conditional use and,
based upon.the above findings, that the following conditions
be met in order to assure compatibility of the use within
its surroundings.
1
1. That the conditional use be granted for a period not
to exceed one year and that the use therefore be
terminated by November 21, 1971.
2. That the site be used primarily for the storage of
materials, and that vehicle storage be limited to
light utility vehicles.
3. That activities be limited to the hours of 8:00 A.M.
to 5:00 P.M. •
,
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CONDITIONAL USE
area of consideration
for Temporary Equipment
& Material Storage
•
•
NOTICE OP PUBLIC BRING
CITY OF TIGARDT PLANNING COMMISSION
Notice is hereby given that a public hearing will be held
by the Planning Commission of the City of Tigard within
the Twality jr. High School lecture room, at 14650 S.W.
97th, Tigard, Oregon on. November 21, 1972 at 8:00 P.M.,
with respect to the following:
An application by N. A. Anderson Company, Inc.
for conditional use approval to allow temporary
storage of contractor's equipment and, materials
on M-32 Light Industrial and M-4,„ Industrial
Park parcels located 'west of S.W. 72nd Avenue
and south of S.W. Cherry Street (Tax Lots 1200
and, 3301 on. Tax Map 251 inc)
All persons having an interest in the matter are invited to
attend and be heard.
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Beef Report • ..,,,,,,,,w,-•
Nevember 21, 1972
1 .:1',,r'''.::,',•,,-7- • • Item V 7-72
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For preperty designated es lot 33 La the Vieemount . ... . .
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..,„ .
':','' ''-':-' , Subdivision on tax nip 281 300. • . .
• • '' '
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qt!.... ..;... Ware..
Ooluldble Custom HOMO'
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Asslicant's Request
Approeal of i sideyard variance to alloy the construction
;:,-,..A-,---., --.• - „,,,l,„..,,,A,
".1.::?:'-,::.:, • of a ti o story dwelling having five foot side yards, a .4Alt-01.
variance of 2 feet on each side from the ninimum of 7 feet
v--..1. -- • ., • .' .''Y,i';1
required within the R-7, Single Family Residential zone. ,.„.
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'4 Applicant•$ JUstitioetiou
,
"To 411°0 setbaek an sides (variance), for your definitions • ,:.,,',- -.-,,,
P:'• - define our ealligOt basement to be a two story cravispace
„.• -
4,-,- ,, • ,,,.:,..,
vbich does not alley us enough setback. Lf the home ”' :'•-.A
., .,_-.,..
was alessifiAle as a Ome.etory or a daylight basement, there - ,-,--,- • .1..:'-''
•k•4•!‘j'i,v ' . •
',.-';:i. ..' • wou1A be no protases in the pothook." • ...,34,
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Looei........on ...........Hr.....ftl ........jzenA land . . of ., Pre - ..-.-:•,ly
The subject property is loested on the north side of
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S.W. Ll‘th Avelino lathe Viimeount Subdivision, a developocust
,,..
which adjoins both S.W. 115th end Garde Streets. A single
family dwelling oanteining two living levels is proposed for
the site. ,•,,,
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. .- Surrounding Zoning and /spa Use . • . .....-,.:--.!
area surroundietthe subject site is noned R-7 and is
. . ..
,--4t.- • presently being deVeloped with single family homes by ., -:,..--;A:.,
.-
f'.-4',;.• . the applioant.
.,•-.."-,.,- ', . i.,-. g
Staff Findings Goa ReoomPledit$404
•
1. The staff finds that the house to be constructed on the ' - • '- ,oll
subject site, according to the building plans submitted.,
will be a two story dwelling as defined by the Tigard .., .,..,„
V." ' -. : Zoning OwAinanees
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0 7.49' 1 APf�Y'li 1 f.
7� "STORY - Any portion of a building lying between
two floors or between the floor and ceiling
of the highest useable level in the building."
The Uniform Building Code also defines this "daylight
basement" house as a two-story structure, as too much
of the basement level projects above grade.
2. The staff finds that the lot in question is located
on a hillside, sloping upward from its frontage on -��
S.W. 114th Avenue. This feature of the terrain will
to some extent visually reduce the apparent height
of the proposed house from the west. •
3. The staff finds that the request does not conform to the
four oonditions which must exist according to Section
240-2 of the Zoning Ordinance in order for a variance
to be granted. The stated purpose of the variance is to
relieve undue or unnecessary hardship which would be
created by the literal interpretation of the ordinance,
owing to special and unusual circumstances related
to a specific piece of property. The hardship which
has been created in this case does not result from a
special circumstance, such as an unusually shaped
,e'-' lot which could not be developed if the ordinance
were strictly enforced, but rather by the applicant's
wish to build a two story dwelling having sideyard
minimums for a one story dwelling. Therefore the
hardship has been created by the applicant and not
the ordinance.
4. It is the staff's
judgement that while the Zoning
Ordinance precludes granting this side yard variance,
' the ordinance should possibly include the opportunity
for granting such a variance when a4joining residents
consent to the reduction, providing it does not create
problems related to the public health, safety, and
welfare. Such problems would include each dwelling's
need for adequate light and air.
5. The staff finds that the zoning ordinance offers no
basis for granting the requested variance and therefore
recommends that it be denied. The staff further recommends
that if the Planning Commission chooses to grant the
variance the Zoning Ordinance should be amended to allow
for administrative variances in setback requirements when
all surrounding property owners consent to the reductions. •
Page 2 - Staff Report - Columbia Custom Homes - 11-21-72
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S.W. GAARDE STREET
VARIANCE
area of consideration
L. I1 for
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Sideyord Variance
lir
•
•
NOTICE OF PUBLIC HEARING
CITY OF TIGARD PLANNING COMMISSION
Notice is hereby given that a public hearing will be held
by the Planning Commission of the City of Tigard within
the Twality Jr. High School lecture room, at 14650 S.W.
97th, Tigard, Oregon on November 21, 1972 at 8:00 P.M.,
with respect to the following:
An application by Columbia Custom Homes for
side yard variance approval to allow the
construction of a two-story single family
dwelling 5 feet from the side property lines
on an R-7, Single Family Residential lot
located within the Viewmount Subdivision
between S.W. 114th and 115th Avenues, ncrth
of S.W. Gaarde Street (Lot 33, Viewmount
Subdivision, Tax Map 251 3DC)
All persons having an interest in the matter are invited, to
attend and be heard. ?,
1