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Planning Commission Packet - 11/05/1974 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. AGENDA TIGARD PLANNING COMMISSION Regular Meeting, November 5, 1974 Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 3.1 Regular meeting of October 15, 1974 4. PUBLIC HEARING - Conditional Use 4.1 CU 12-73 (S. N. S. Development Corp. ) Request for renewal of a conditional use permit granted on July 3, 1973, to allow construction of two duplexes at the intersection of S. W. 106th Drive and S. W. Tiedeman Avenue on tax lots 2000 and 4400, tax map 2S1 3AA. This item was tabled at the October 15, 1974, meeting. 4.2 M 9-74 Flood Plain Fill Permit (Howe Lee) Request for a permit to fill lands presently situated within the 100 year occurrence flood plain located at 9110 S. W. Burnham. (Tax map 2S1 2AC, tax lot 200) . 5. MINOR LAND PARTITIONING 5.1 MLP 7•-74 (Taco Bell/Dunkin Donuts) Request to partition the existing tax lot at 11634-36 S. W. Pacific Highway which presently contains the Taco Bell and Dunkin Donuts buildings into two separate parcels containing their respective buildings. (Tax map 1S1 36DB, Tax lot 2500. 6. INTERPRETATION OF USE 6.1 M 10-74 (Suzanne M. Johnston) A request that dog grooming be considered similar to permitted uses in the C-3, General Commercial zone. Property is located at 11608 S. W. Pacific Highway 7. OTHER BUSINESS 8. ADJOURNMENT • A I i MINUTES TIGARD PLANNING COMMISSION November 5, 1974 Twality Junior High School - lecture room 14650 S. W. 97th Avenue, Tigard, Oregon 'j 4'. ;i 1. CALL TO ORDER A. The meeting was called to order at 7:35 p.m. ;:1 2. ROLL CALL t A. Members present: Ball, Barkhurst, Hansen, Hartman, Nicoli, Popp, Sakata, Chairman Whittaker and City Planner Bolen; Attorney Fred Anderson 3. APPROVAL OF MINUTES A. The minutes of the October 15, 1974, Planning Commission I, meeting were approved with the following corrections: 1) page 3, item 5 - the hours of operation should read !' from 6:00 p.m. to 9:00 p.m. 2) page 3, item 8 - should note that Ball and Sakata I voted no 4. PUBLIC HEARING - Conditional Use i `' i- 1, 4.1 CU 12-73 (S.N.S. Development Corp. ) E,' Request for renewal of a conditional use permit granted on x;' July 3, 1973, to allow construction of two duplexes at the intersection of S. W. 106th Drive and S„ W. Tiedeman Avenue on tax lots 2000 and 4400, tax map 2S1 3AA. This item was tabled at the October 15, 1974 meeting. A. Staff Findings , 1. Bolen presented the staff findings and pointed out ,' ! that this conditional use for duplexes was originally approved on July 3, 1973, and four months following l' ' this approval, a sewer moratorium was imposed by the Unified Sewerage Agency. He also pointed out that 4. when the permit was granted in 1973, no development had as yet begun in the adjacent Clydesdale sub- division. Development has since taken place and the compatibility of any duplexes in this location with the existing development should be considered. B. Testimony and Cross Examination 1. Proponents a) Charles Schulz of 'S.N.S. Development spoke in favor of the request stating that for the period of time when they were able to construct duplexes, a sewer moratorium was in effect and they were not able to comply with the, one year requirement as in the city ordinance. He said that since the original approval was granted, the market for rental units of this type has become even stronger and a greater community need therefore exists. 2. Opponents a) No one appeared to speak in opposition to this request. C. Staff Recommendations 1. Bolen recommended approval of the conditional use re- newal with two (2) recommended conditions: a) that the submitted site plan fence outdoor use areas such as patios from visibility of adjacent streets and that driveways not be located on Tiedeman, a city collector street. b) that in order to assure compatibility with ad- jacent single family development, that only one story duplex buildings be permitted D. Commission Discussion and Action 1. Nicoli stated his belief that the commission should not attempt to regulate the height of buildings and that the single family R-7 zone allows two story dwellings and it would not be equitable to require only one story buildings on this development. 2. Ball asked Bolen if :he agreed with the original find- ings in 1973 which provided the basis for the original approval and if circumstances have materially changed since then. 3. Bolen said the basis for his recommended approval, was the Planning ,Commission findings of July, 1973, and that circumstances have not materially changed since that time with the exception of the development of the Clydesdale subdivision. 4. Hansen moved 'to approve. 'the :requested conditional use PC Minutes - November 5, 1974 - page 2 renewal with the condition that on-site recreation areas such as patios be screened from visibility and that no driveway entrances be permitted on Tiedeman Street. Nicoli seconded and the motion passed by unanimous ;' vote. 4.2 M 9-74 (Flood Plain Fill Permit) - Howe Lee Request for a permit to fill lands presently situated within the 100 year occurrence flood plain located at 9110 S. W. Burnham Street (tax map 2S1 2AC, tax lot 200) . A. Staff Findings 1. Bolen presented the staff findings which in summary r' ! stated that all of the applicant's 6.8 acre parcel is located within the flood plain and a fill permit is -ry to use the ro-ert. according to its M-4, necessary according Industrial Park zoning.property pointed out that the g engineering study prepared for the applicant by Sleavin-Kors Engineers does present a concept for providing an area of developable land adjacent Burnham Street without inhibiting the flood capacity , ! of Fanno Creek. He said a concept had been presented ( but not a detailed site grading and development plan. In concluding, Bolen stated that the applicant had addressed the engineering aspects of developing the property, but had not adequately dealt with the F question of its effects upon the environment (vege- } tation, topography, etc. ) along Fanno Creek and the ¢- proposed Greenway system. , B. Testimony and Cross Examination -` 1. Alex Arseniev, the applicant's engineer, said that ' he was available to answer any questions the commission might have. C, Staff Recommendation f: 1. Bolen told the commission that he saw two courses of action which they could follow in deciding the appli- F' ' cant's request. These were: ; '! a) tabling the request to allow the applicant time to submit a plan dealing with the environmental tj issues raised by the staff findings or, b) approval with the conditions that: I It 1 - A detailed site grading plan be submitted to a` the Planning; Commission prior to the beginning t' PC Minutes - November 5, 1974 - page 3 of construction, meeting the requirements stated by staff in finding number 4 which asked that the plan conform to the APWA and UBC chapter 70, grading and filling standards. 2 - that this grading plan deal with the environ- mental issues raised by the staff in finding five 3 - 25 feet be dedicated to the city adjacent the new channel creek to provide for the path' as part of the greenway system. D. Commission Discussion and Action 1. Hartman said that the report submitted by the appli- cant's engineer was nothing more than a sketch. He then moved to table the request until such time that a more detailed plan could be submitted to the Plann- ing Commission which would deal with the concerns raised by the staff findings. Sakata seconded the motion. 2. Ball said that Hartman's motion did not go far enough and he raised the question of how does the Commission intend to monitor applications of this sort when they do not possess the necessary engineering expertise. He stated that section 18.57.060 of the Flood Plain Ordinance provides the City the right to hire an en- gineer to evaluate an application and stated his con- cern that this should possibly be done in this case. 3. The Commission voted on Hartman's motion and it passed by majority vote with Nicoll voting no. 4. Ball moved that the City engineer review the application with the staff and if they are not able to properly review the technical portions, then the City should hire an engineer possessing the necessary qualifications to do so. Hartman seconded and the motion passed by unanimous vote. 5. Ball said that the NPO #1 group should be contacted concerning this item in that they had considerable interest in the City adopting a flood plain ordinance. 5. MINOR LAND PARTITIONING 5.1 MLP 7-74 (Taco Bell/Dunkin Donuts) r Request to partition the existing tax lot at 11634-36 S. W. Pacific Highway which presently contains the Taco Bell and PC Minutes - November 5, 1974 - page 4 he Dunkin Donuts buildings into two separate parcels containing their respective buildings. (tax map 1S1 36DB, tax lot 2500) . A. Staff Findings 1. Bolen presented the staff findings stating that the applicant has requested the partitioning for tax advantage purposes and to allow the placing of two signs on the property rather than one. B. Testimony and Cross Examination 1. Jim Roundtree of Century 21 Realtors was present to explain the partitioning to the Planning Commission and reiterated the purposes given by staff for the request. C. Staff Recommendation 1. Bolen recommended approval of the requested partitioning with the condition that the owners prepare a joint access agreement to be recorded with the deeds of both parcels and the form of which to be approved by the City Attorney's office. D. Commission Discussion and Action 1. Barkhurst moved to approve the requested minor land partitioning with the condition that a perpetual easement be provided in order to assure future access to the property-now containing the Dunkin Donuts building. In addition, the City Attorney should look at the sub- mitted documents to ensure that access is guaranteed to both lots in perpetuity. Nicoli seconded, 2. Hartman stated that he did not like the reasons for the partitioning as stated by the applicant and for that reason would abstain from voting. 3. A vote was taken on Barkhurst's motion and it passed by a majority vote with Hartman abstaining and Sakata voting no. 6. INTERPRETATION OF USE 6.1 M 10-74 (Suzanne M. Johnston) A request that dog grooming be considered similar to permitted uses in the C-3, General Commercial zone. Property is located at 11608 S. W. Pacific Highway. A. Staff Findings PC Minutes - November 5, 1974 - page 5 1. Bolen stated that the applicant wishes to open a dog grooming shop in Tigard on property located in the C-3 zone. This use is not specifically listed as a Permitted use and the veterinarian and pet shop are both conditional uses; however, Bolen stated that the uses listed conditionally include overnight boarding of pets, which dog grooming does not. B. Testimony 1. No one was present to testify on this matter. C. Staff Recommendation 1. Bolen recommended that the dog grooming be interpreted as a permitted use in a C-3 zone based on the finding that dogs would be at the premises for a short period of time and would not be boarded overnight. i] D. Commission Discussion and Action 1. Barkhurst made a motion to consider dog grooming as being similar to other uses permitted in the C-3, General Commercial zone. Sakata seconded and the motion passed by unanimous vote. 7. ADJOURNMENT A. The meeting was adjourned at 10:15 p.m. 17,!, N,, .4 4 PC Minutes - November 5, 1974 - page 6 NOTICE OF PUBLIC HEARING CITY OF TIGARD PLANNING COMMISSION Notice is hereby given that public hearings will be held by the Planning Commission of the City of Tigard in the Twality Junior High School Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon. Said hearings will occur on November 5, 1974, at 8:00 p.m. and will concern the following: Request for renewal of a conditional use permit granted on July 3, 1973, to allow construction of two duplex units at the intersection of S. W. 106th Drive and S. W. Tiedeman Avenue on tax lots 2000 and 4400, Tax Map 1 2S1 3AA. This item was tabled at the October 15, 1974, meeting. Request for a permit to fill lands presently situated within the 100 year occurence flood plain located at a 2 9110 S. W. Burnham, Tax map 2S1 2AC, Tax Lot 200. All persons having an interest in these matters are invited to attend and be heard. Publish TT October 31, 1974 , -- c TIGARD PLANNING COMMISSION Staff Report November 5, 1974 Conditional Use Renewal CU 12-73 (Renewal) Request for renewal of a conditional use permit granted on July 3, 1973, to allow construction of two duplex units at the inter- section of S. W. 106th Drive and S. W. Tiedeman Avenue on tax lots 2000 and 4400, tax map 2S1 3AA. Applicant S. N. S. Development Corp. Surrounding Zoning and Land Use The surrounding property is zoned R-7, single family resi- dential. The subject lots are part of the Clydesdale sub- division (see map) which is being developed with single family homes. To the west, across Tiedeman, is the new Fowler Jr. High School. Staff Findings 1. Since the Planning Commission approval was granted on July 3, 1974, there have been no changes in the surrounding zoning. The development pattern has changed with con- struction of houses in the Clydesdale subdivision; however, this development was anticipated at the time the condition- al use pemit was granted. 2. When the conditional use permit was granted, the issue of assuring compatibility with surrounding development was virtually mute in that none existed. Since that time considerable development has occurred in the form of one story ranch style houses. The granting of a renewal should take this into consideration. The principle concern should be for a compatible building design with attention to style and height. As these structures will be located at the entrance to the subdivision, they will provide an identity for the entire development. 3. Following granting of this request in July of 1973, the Unified Sewerage Agency imposed a sewer moratorium in the following November. Therefore, while the code requires substantial progress toward completion of the conditional use to be in evidence within one year following its approval, the applicant was only able to obtain a building permit for the first four months of the total twelve months available to him. • TIGARD PLANNING COMMISSION Staff Report ? November 5, 1974 Agenda Item 4.2 M 9-74 (Howe Lee - Fill Permit) Flood Plain Fill Permit Request by Howe Lee, owner of property located at 9110 S. W. Burnham, for a permit to fill lands presently situated within the 100 year occurrence flood plain. Applicant's Proposal To excavate the portion of his property adjacent Fanno Creek and deposit this material adjacent Burnham Street in order to create a developable piece of property above the 100 year flood level (see enclosed engineer's report) . Staff Findings 1. All of the applicant's property, 6.8 acres, is located within the 100 year occurrence flood plain as defined by the U. S. `''! Army Corps of Engineers in their document entitled, Flood Plain Information, Tualatin River and Tributaries, Washington ie County, Oregon, June 1969. This study provides the basis k; for flood plain identification as referenced in the Tigard Flood Plain and Fill Ordinance No. 74-50 adopted in August of this year. 2. The property is presently zoned M-4, Industrial Park, allow- ing light industrial uses. A small portion west of the old Fanno Creek bed is zoned Z-2, apartments. (See attached map for surrounding zoning) . The adopted Ash Avenue-Downtown , Plan proposes that the zoning on this property be changed from M-4 to C-3, General Commercial. While the property is currently zoned for industrial use, the overlying Flood Plain zone precludes development for this purpose. (See enclosed Flood Plain Ordinance, Permitted Uses, section 18. 57.030) . The permitted uses are limited to those which do ; j not obstruct water flow or impair storage capacity. For example, parking areas, roadways, farmlands and various recreational uses. Prohibited uses include filling and per- I'' manent structures. As a consequence of the Flood Plain Ordinance, the applicant is unable to use any portion of his 6.8 acre parcel as presently zoned. 3. As mentioned in the engineer's report, the channel of Fanno Creek has been realigned as part of the Unified Sewerage Agency's interceptor project to eliminate several bends, with the result of improving its flow capacity. It is possible that improvements made this past summer will re- fT r., • duce the flood hazard to this and other properties in future years; however, this possibility can only be de- termined by detailed analysis of the entire Fanno drain- age basin, a study which the Corps of Engineers anticipates completing in the near future -- hopefully within two years. 4. The City Planner, with the assistance of the Public Works Department, has reviewed the study submitted by Sleavin- Kors Engineers and concludes that the proposed site develop- ment concept does not violate the intent and purpose of the Flood Plain Ordinance. The staff does consider the sub- mitted plan a concept, however, and a condition of granting a permit should specify that detailed plans and specifications for a site grading plan be submitted for approval of the City Public Works Dept. before any phase of the site develop- ment can begin. This grading plan should comply i th the standards of the American Public Works Association and Chapter 70 of the 1973 edition of the Uniform Building Code, both of which have been adopted by the City. The submitted plan should include a sufficient number of cross sectional diagrams to enable the Public Works Dept. to properly determine compliance with the Flood Plain Ordinance and any conditions imposed by the granting of a fill permit. 5. In addition to the engineering aspects of the proposal, its environmental effects must also be considered. Of primary concern to the staff are: AU A. replacement of vegetation to prevent erosion B. compatibility with the proposed Greenway System The first concern will require ground cover as well as trees to protect the ground surface from erosion. The second matter also implies the need for vegetation, but topography must also be considered. For instance, the surface characteristics of adjoining property should be related to this site. The Community. Plan and the NPO #1 Plan both. stress the need for retaining the natural features adjacent Fanno Creek and its tributaries. These features include vegetation, hills, rills and stream banks. The proposed project, in order to produce a flood water storage basin, would remove the upper portion of the eastern stream bank and create an essentially flat, low piece of ground 450' long and averaging 350' in width. While such an area would function well as a storage basin, it would be detrimental to the Greenway System. This situation could be remedied by retaining the east- ern stream bank and providing a more natural surface in the storage area to include small hills with tree plant- ings, etc. In order to retain the stream bank, means must be provided for returning flood waters from the storage basin to the stream channel. This can be achieved IL PC Staff Report - November 5, 1974 - page 2 - Item 4.2 1 by providing openings in the bank which would allow dr waters to enter the storage basin in time of flood and to Illw later recede as the flood level subsides. 6. The City presently possesses a 25 ? easement for pathway purposes across the Crow Engineering property to the south. A similar easement is desirable on this property to allow for a path located on the stream bank. Pedestrian access to this and adjoining properties is of importance because of the anticipated change in zoning to provide for commercial uses. By this means, walk-in trade from the adjacent residential area, where several acres of apart- ment developments are planned, will be facilitated. 7. The staff is aware that in order to comply with the above stated environmental issues, the applicant will be removing less material from the area to be excavated and as a re- sult, diminishing the size of the area which can be filled. 8. In that this is the first request to be reviewed by the Planning Commission for a fill permit, the staff wishes to point out that approval can only be granted following findings by the Commission that the purpose and intent of the ordinance has been adhered to (section 18.57.010) and according to the guidelines provided in section 18.57. 060 (3a & b) . Staff Recommendation Staff recommendation will be given following the receipt of testimony by the Planning Commission. IL PC Staff Report - November 5, 1974 - page 3 - Item 4.2 TIGARD PLANNING COMMISSION Staff Report YNovember 5, 1974 '. Agenda Item 5.1 MLP 7-74 Applicant ii Taco Bell and Dunkin Donuts, 11634-36 S. W. Pacific Highway, (tax map 1S1 36DB, tax lot 2500) . ij Applicant's Request To partition the existing tax lot which presently contains the Taco Bell and Dunkin Donuts buildings into two separate parcels containing their respective buildings. Staff Findings 1. The property in question is zoned C-3, General Commercial, and the two restaurant buildings are nearing completion. 2. The access point to Pacific Highway will be shared and a joint access agreement has already been negotiated. 3. The applicant states the purpose of the partitioning is for tax purposes and to allow separate free-standing signs for each business. Presently the Tigard Sign Code allows one free-standing sign per premise. The city attorney has determined a tax lot constitutes a premise, meaning that the two buildings are allowed one free-standing sign un- less located on separate tax lots. Staff Recommendation Staff recommendation will be given following the receipt of testimony by the Planning Commission. ee(I( yyi 1 • TIGARD PLANNING COMMISSION Staff Report November 5, 1974 Agenda Item 6.1 M 10-74 Applicant Suzanne M. Johnston Applicant's Request That dog grooming be considered similar to permitted uses in the C-3, General Commercial zone. Staff Findings 1. A pet shop and veterinarian are both conditional uses in the C-3 zone; however, a dog grooming shop does not house animals on the site, having them for a short time only. The staff suspects that the kennel aspects of a pet shop and veterinarian are the reasons for including them in the conditional use section. Staff Recommendation Staff recommendation will be given following the receipt of testimony by the Planning Commission.