Planning Commission Packet - 09/21/1976 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PLEASE NOTE: The original paper record has been archived and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
September 21, 1976 - 7:30 PM
Twality Junior High School - Lecture Room
14650 S.W. 97th Avenue - Tigard, Oregon
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF MINUTES: �4
4. COMMUNICATIONS:
5. PUBLIC HEARINGS:
5.1 ZONE CHANGE ZC 9-76 (George Killian)
A request by George Killian for a preliminary plan and
program review of a proposed industrial-commercial planned
development in a M-3 zone (light industrial) at the inter-
section of S.W. 72nd and Upper Boones Ferry Road. (Wash.
Co. Tax Map 2S1 12D, Tax Lots 2100, 2200, 2104, and 2103) .
5.2 CONDITIONAL USE CU 27-76
A request by Kenneth W. Lickar, Jr. to locate a Karate
studio in a C-3 zone (General commercial) at 110 Tigard
Plaza (Wash. Co. Tax Map 151 35DD, Tax Lot 3301) .
5.3 ZONING ORDINANCE AMENDMENT ZOA 5-76
Amends Sections 18.48.020 and 18.52.020 of the Tigard
Municipal Code adding certain uses as a conditional
use in the "M-3, Light Industrial" and "M-4, Industrial
Park" zones.
5.4 ZONING ORDINANCE AMENDMENT ZOA 6-76
Amends Chapter 18.76 of the Tigard Municipal Code by add-
ing an expiration date of one year for variances not
exercised.
5.5 ZONING ORDINANCE AMENDMENT ZOA 7-76
Amends Sections 18.60.100 of the Tigard Municipal Code
to state which yards may be used for off-street parking
and how close to the property line parking may be.
5.6 ZONING ORDINANCE AMENDMENT ZOA 8-76
Amends Section 18.58.080 (2) of the Tigard Municipal Code
to state from where the front yard landscaping is measured.
5.7 ZONING ORDINANCE AMENDMENT ZOA 9-76
Amends Section 17.08.070 of the Tigard Municipal Code to
reflect the change of procedure for planned developments
from a conditional use permit to a zone change.
5.8 ZONING ORDINANCE AMENDMENT ZOA 10-76
Amends Section 17.16.010 of the Tigard Municipal Code
to require 14 copies of a preliminary subdivision plan
to be submitted for circulation and review by affected
agencies.
6. OTHER BUSINESS:
Discussion of sign code revision
7. ADJOURNMENT:
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NOTICE OF PUBLIC HEARINGS
t Tigard Planning Commission
September 21, 1976 - 7:30 P.M.
Twality Junior High School - Lecture Room
14650 S.W. 97th Avenue - Tigard, Oregon
5. PUBLIC HEARINGS:
5.1 ZONE CHANGE ZC 9-76 (George Killian)
A request by George Killian for a preliminary plan and 1
program review of a proposed, industrial-commercial planned
development in a M-3 zone (light industrial) at the inter-
section of S.W. 72nd and Upper Boones Ferry Road. (Wash.
Co. Tax Map 251 12D, Tax Lots 2100, 2200, 2104, and 2103).
5.2 CONDITIONAL USE CU 27-76
A request by Kenneth W. Lickar, Jr. to locate a Karate
studio in a C-3 zone (general commercial) at 110 Tigard
Plaza. (Wash. Co. Tax Map 151 35DD, Tax Lot 3301) . 1
5.3 ZONING ORDINANCE AMENDMENT ZOA 5-76 1
Amends Sections 18.48.020 and 18.52.020 of the Tigard
Municipal Code adding certain uses as a conditional use [
in the "M--3, Light Industrial" and "M-4, Industrial Park"
zones.
5.4 ZONING ORDINANCE AMENDMENT ZOA 6-76
Amends Chapter 18.76 of the Tigard Municipal Code by add-
ing an expiration date of one year for variances not exercised.
5.5 ZONING ORDINANCE AMENDMENT ZOA 7-76
Amends Sections 18.60.100 of the Tigard Municipal Code to ;I
state which yards may be used for off-street parking and
how close to the property line parking may be.
5.6 ZONING ORDINANCE AMENDMENT ZOA 8-76
Amends Section 18.58.080 (2) of the Tigard Municipal Code
to state from where the front yard landscaping is measured.
5.7 ZONING ORDINANCE AMENDMENT ZOA 9-76
Amends Section 17.08.070 of the Tigard Municipal Code to
reflect the change of procedure for planned developments
from a conditional use permit to a zone change.
5.8 ZONING ORDINANCE AMENDMENT ZOA 10-76
Amends Section 17.16.010 of the Tigard Municipal Code to
require 14 copies of a preliminary subdivision plan to be
submitted for circulation.. and review by affected agencies.
Air All persons having an interest in any of the hearing matters are
invited to appear and submit oral and written testimony or submit
written testimony in advance of the meeting.
(Publish in TT 9/9/76 and 9/16/76)
' <
MINUTES
Ti ard Plannin Commission
September 21, 1976
Twality Junior High School - Lecture Room
14650 S.W. 97th Avenue - Tigard, Oregon
1. CALL TO ORDER: The meeting was called to order at 7: 30 by
Popp.
2. ROLL CALL: Present: Moore, Nicoll., . , Popp, Sakata,
Tepedino.
Excused Absence: Porter, Goldbach, Krause, Phillips
3. APPROVAL OF MINUTES: Minutes of 9-7-76 were approved with the
exception of the 6th item under F. page 9.
4. COMMUNICATIONS - None
PUBLIC IIEARINGS
5.1 ZONE CHANGE ZC9-76 (Killian)
A request by George Killian for a preliminary plan and
program review of a proposed industrial-commerical planned
development in a M-3 zone (light industrial) at the
intersection of S.W. 72nd and Upper Boones Perry Road.
(Wash. Co. Tax Map 251 12D, Tax Lots 2100, 2200, 2104,
and 2103) .
0 Applicant was not present, staff suggested that .
7,C9-76 be heard later in the meeting.
5. 2 CONDITIONAL USE 0U27-76
A request by Kenneth Lickar, Jr. to locate a karate ,,,,
studio in a C-3 zone (General Commercial) at 110 Tigard
Plaza (Washington County Tax Map 151 35DD, Tax Lot 3301) .
A. Staff Report: Read by Daniels.
B. Applicants Presentation:
0 Kenneth W. ',joker: Jr. : applicant: introduced
Steven Christopher, manager of a Tracy' s Karate
Studio in north Portland.
0 Christopher explained the Tracy franchise.
0 Staff asked why the proposed location was chosen
end their average number of students.
''. Page 2
0 Christopher stated that Tigard had a central location:
The studio would be open from 10:00 to 10:00: Twenty
people would be the greatest amount at one time.
0 Tepedino asked if the area could support another
karate studio.
0 Christopher stated that the areas population and median
income showed that they could support another studio.
C. Public Testimony - None
D. Staff Recommendation:
Staff recommends approval with the following:
1. Hours of operation be limited to no later than 12:00
midnight.
E. Commission Discussion:
Nicoll_ moved and Moore seconded to approve the proposal
based on the findings in the staff report with the staff
recommendations.
The motion was approved by unanimous voice vote.
5. 3 ZONING ORDINANCE AMENDMENT ZOA 5-76
Amends Sections 18.48.020 and 18. 52.020 of the Tigard Mun-
icipal Code adding certain uses as a conditional use in
the "M-3,• Light Industrial" and "M-4, Industrial Park" zones.
A. Staff Report: Read by Daniels.
B. Staff Recommendation:
Staff recommends the following wording be added to Section
18. 52.020 of the Tigard Municipal Code " (17) . Garden
supply store when in conjunction with a landscape contract-
or's office. "
C. Commission Discussion:
Moore moved and Tepedino seconded to approve the proposal
based on the findings in the staff report with the staff
recommendations.
The motion was approved by unanimous voice vote.
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Page 3
5.4 ZONING ORDINANCE AMENDMENT ZOA 6-76
Amends Chapter 18.76 of the Tigard Municipal Code by adding
an expiration date of one year for variances not exercised.
A. Staff Report: Read by Daniels
B. Staff Recommendation:
Staff recommends the creation of the following subsection
to chapter 18.76 of the Tigard Municipal Code. "18.76.040
Expiration when unexercised. If a variance is approved
by the Pinning Commission and then is not exercised, it
shall expire in one year from the date of approval if the
use is not begun and continual progress towards its full
operation is in evidence. "
O Sakata asked if the variance would run with the land
or the use.
0 Staff stated that the wording implies that the variance
runs with the use.
O Tepedino suggested that additional wording read "but
in any event the right to exercise is personal and
shall not run with the land. "
0 Popp suggested the wording "shall expire in one year
if the use for which it was granted has not begun. "
O Tepedino asked that legal consul give an opinion on
the best wording.
Sakata moved and Tepedino seconded that item 5.4 be tabled
until the next meeting.
The motion was approved by unanimous voice vote.
5. 5 ZONING ORDINANCE AMENDMENT ZOA 7-76
Amends Sections 18. 60.100 of the Tigard Municipal Code to
state which yards may be used for off-street parking and r!
how close to the property line parking may be.
A. Staff Report: Read by Daniels.
B. Staff Recommendations:
Staff recommends the following wording to rectify the
discrepancies and clarify any vagueness. 18.60.100
"Required off-street parking shall be allowed any any 4
Air yard setback not required b cha ter 18. 58 or an
111, other landscaping requiremen o. _ is code. , . " .New
wording underlined)
. Page 4
0 Staff clarified what zones this would apply to.
C. Commission Discussion and Action:
0 Tepedino moved and. Nicoli seconded to approve the
proposal based on the findings in the staff report
with the staff recommendations..
The motion was approved by unanimous voice vote .
5. 6 ZONING ORDINANCE AMENDMENT ZOA 8-76
Amends Section 18. 58.080 (2) of the Tigard Municipal Code
to state from where the front yard landscaping is measured.
A. Staff Report: Read by Daniels.
B. Staff Recommendation:
Staff recommends Section 18. 58.080 subsection 2 be amended
to read "a minimum of the front 20' from the existing
street rih,h.t--of-wa or the future ri ht-of-war line as
desigpaaed In section _ 8.1 .100 s al. •e andscaped. "
New wording under li_ned .
C. Commission Discussion:
Moore moved and Tepedino seconded to approve the proposal
based on the findings in the staff report with the staff
recommendations.
The motion was approved by unanimous voice vote.
5. 7 ZONING ORDINANCE AMENDMENT ZOA 9-76
Amends Section 17.08.070 of the Tigard Municipal Code to reflect
the change of procedure for planned developments from a
conditional use permit to a zone change.
A. Staff Report: Read by Daniels
B. Staff Recommendations:
Staff recommends the substitution of the words "zone
change in accordance with the requirements of Chapter
18. 56 of the Tigard Municipal Code" instead of the words
"conditional use" as presently embodied in section
17.08.070, of the Tigard Municipal Code.
C. Commission Discussion:
Nicoli moved and Moore seconded to approve the proposal
based on the findings of the staff report and with the
staff recommendations.
7,- Page 5
4-
‘40.
The motion was approved by unanimous voice vote.
5.8 ZC9-76 (KILLIAN)
Since the applicant had not yet appeared Tepedino moved and
Nicoll seconded to table the proposal until the next meeting.
The motion was approved by unanimous voice vote.
0 Moore notified the Commission of a possible conflict of
interest since he is a friend of Killians architect.
6. OTHER BUSINFSS:
The following items were discussed:
0 Upcoming Sign Code Revision
0 Park and Open Space Planning Program
0 Porter' s resignation and the number of meetings missed
0 New tax base on the November ballot.
7. ADJOURNMENT: 9:00 PM
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,. STAFF REPORT
Agenda 5.1
Tigard Planning Commission
September 21, 1976 - 7: 30 PM
F Twality Junior High School - Lecture Room
14650 S .W. 97th Avenue - Tigard, Oregon
DOCKET: Zone Change ZC 9-76
REQUEST: For preliminary plan and program review of a proposed
industrial-commercial plan development in a M-3 .
LOCATION: Intersection of S.W. 72nd and Upper Boones Ferry Road
(Wash. Co. Tax Map 2S1 12D, Tax Lots 2100, 2200, 2104,
and 2103) .
APPLICANT: George Killian
I . BASIC FACTS:
1 . The site is designated "General Industrial" on the Tigard
Community Plan and zoned M-3, Light Industrial .
2. S.W. 72nd Avenue and Upper Boones Ferry Road are designated
1 arterials in the Tigard Community Plan requiring an 80' -
120 ' minimum right-of-way .
3. A similar proposal for this site was denied (5-1) by the
Planning Commission on 7/20/76 for the following reasons; G
o The necessary right-of-way for S.W. 72nd and Upper Boones
Ferry Road was not shown.
o The site too small.
o The proposed uses would generate too much traffic .
i
o The proposed mix of C-4 and M-4 uses is incompatible. ;I
II . FINDINGS:
1 . The applicant is requesting an industrial/commercial planned
development which will replace the two existing dwelling
units and neighborhood store and in their place locate
retail commercial , office, warehouse uses and branch bank.
2. The surrounding land use is a warehouse and gas station to
the east, a wooded lot to the south, a vacant lot and a ji
building under construction to the west and zoned M-3,
Light Industrial .
.
3. The existing land use is a vacant lot with "Connie 's Market" i'
(a small grocery store) and two residences presently occupied.
i[ 4 . The topography is relatively flat . `'
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5. The parcel is 2 .17 acres . This appears to be an appropriate ,
size for a small planned development as proposed.
,
STAFF REPORT •.
Agenda 5 .1
Tigard Planning Commission
September 21 , 1976
Page 2
6 . The proposal conforms to the minimum lot size requirements
of Section 18 .48 .030 (M-3) of the Tigard Municipal Code.
7. From preliminary calculations the appropriate number of
parking spaces are being provided.
a
8. S .W. 72nd is presently a 40 ' right-of-way thus requiring
an additional 20 ' right-of-way to provide for the traffic
needs in this area.
9. Upper Boones Ferry Road is presently a 30' right-of-way
thus requiring an additional 10 ' right-of-way to provide
for the traffic needs in this area.
10. Section 18.48 .040 of the Tigard Municipal Code requires
front yard setback of 30 ' . This is to be measured after
10 ' dedications . The code normally provides for parking
in 10 ' of the 30' setback. The design concept does not
envision any parking in the front yard setback therefore
a reduction in the code required 30 ' to allow a 20 ' set-
back appears warranted by the design.
11 . The general landscaping appears to be generally adequate
(, in the parking areas, but no buffering of any type is
offered in this concept for the rear portion of the
development . Without a continuation of the landscape
island as shown on the front portions of the sides there
would be pavement to the property line . Landscaping is
required in the Tigard Municipal Code and should be adhered
to in this instance as well .
12. S.W. 72nd is in a deteriorating condition as is SW Upper
Boones Ferry Road.
13. Question does arise to the adequency of the public services
especially regarding water to this site. The applicant
is proposing to hook onto the Lake Grove Water District
mainline which serves this general area. As of present
no master for their service area is on file (required by
1973 legislation for all water districts) . According to
Joe Greulich, Tualatin Rural Fire Department , the water
line serving this site is inadequate in that it travels
great distances with no loop back system maintaining con-
stant
pressure and quantity to serve the area. The Tigard
Water District is the logical provider of water services
to this area and such water service could be provived by
an extension of the Tigard Water District line presently
at the railroad tracks on S.W. 72nd Avenue and Durham
It Road at S .W. 79th Avenue. Connection to the Lake Grove
Water line would require approval of the Portland Metro-
politan Area Local Government Boundary Commission as an
extraterritorial connection.
STAFF REPORT ,.
•
A Agenda 5.1
Tigard Planning Commission
September 21, 1976
Page 3
14. Washington County Department of Public Works has developed
a proposed cross section of S.W. Upper Boones Ferry/Durham GiI
Road. This cross section envisions a 90 ' right-of-way.
15. Although NPO #5 has not completed their plan for the area,
they issued the following finding at their July 1 , 1976,
meeting "Commercial/Industrial land users are acceptable
at S.W. 72nd Avenue and S .W. Upper Boones Ferry Road but
there is concern regarding traffic hazards and density of
development as proposed" .
16. The proposed site plan shows three access points instead
of five as on the original plan. The Tigard Community Plan
encourages the number of driveways to be minimal .
17. The applicant is requesting a deviation to the access width
requirements of the Tigard Municipal Code, reducing them
from 30 ° to 20 ' and establishing a one-way loop through the
development . The retail commercial use as stated in the
applicant 's program is envisioned to be a quick stop grocery #;!
store. The one way loop is not adequate for this set up.
There is a need for a two way traffic flow and a 24 ' drive
is necessary for those movements .
18. The driveway along the north is too narrow and when a land-
scape buffer is added to cut down the expanse of pavement
from the buildings on this site and the five lane Durham Rd.
it will be further reduced. This requires shortening the
building to provide for parking, 24 ' drive and landscape
buffering. z
19. The proposed site plan shows warehouses in the rear portion
of the development but no loading areas are shown and the
turning movements prohibit semi-trucks. Uses not requiring
large truck delivery should be specified in the general
program.as those to be allowed in this development .
20. If the bank drive-up window is located where proposed on ,
the site plan a back up of three cars could block the
drive way. If moved to the east side as shown on the
original site plan and expanded to two lanes a better
circulation pattern with adequate stack up room is provided.
III RECOMMENDATION-.
To be advised.
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STAFF REPORT
Agenda 5. 1
Tigard Planning Commission
September 21, 1976
Staff recommends approval with the following conditions :
1 . The site plan be revised to reflect
o A 20 ' front yard setback along S.W. 72nd Avenue and
a 10 ' setback on Boones Ferry Road.
o A 5 ' landscape buffer around the south and east
perimeter.
o The area marked "landscape storage" be replaced with
parking.
o The loading spaces for the warehouses be shown .
o The bank drive-up window be moved to the east side of
the building with a two lane drive.
o A 20 ' landscape buffer be provided along the north
side of the warehouse building along the Durham Road
realignment .
o Parking spaces be provided on the north end of the
warehouse building.
o The parking spaces on the south side of the warehouse
building be changed.
o Access drives be widened to 24 ' fully paved.
2. The site be annexed to and served by the Tigard Water
District.
3. Land necessary to provide a 40 ' from center right-of-way
be dedicated to the city for S .W. 72nd Avenue and Upper
Boones Ferry Road.
4 . An agreement to participate in the improvement of S.W.
72nd Avenue be filed with the City Recorder.
5. The uses allowed in the office/warehouse building be
limited to those not requiring large truck deliveries. {`j
6 . A 1' access control strip along the north property line
be deeded to the City.
7. The applicant secure a statement from the Washington County
Director of Public Works stating that the building locations
will not conflict with the Durham Road realignment . 1
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STAFF REPORT
Agenda 5.2
Tigard Planning Commission
September 21, 1976 - 7: 30 PM
Twality Junior High School - Lecture Room
14650 S.W. 97th Avenue - Tigard, Oregon
DOCKET: CU 27-76
REQUEST: To locate a karate studio in a C-3, 'General Commercial"
zone .
LOCATION: Lower level of the Tigard Plaza Shopping Center at
S.W. Pacific Highway and S.W. Hall Blvd. (Wash. Co. Tax Map
1S1 35DD Tax Lot 3301) .
APPLICANT: Tracy 's Karate Studio/Kenneth W. Lickar, Jr.
I . BASIC FACTS
1 . The site is designated "Retail Commercial" on the Neigh-
borhood II and zoned "C-3, General Commercial" .
2. Section 18.28.020 (2) and (11) of the Tigard Municipal
Code authorizes the Planning Commission to permit
"Amusement enterprise, including billiard or pool hall ,
bowling alley, boxing arena, dance hall , public swimming
pools" ; and "commercial schools such as business colleges,
music conservatories and trade schools" .
3. Section 18.12.030 allows the Planning Commission to
authorize uses not specifically listed in the code if
the use is of the same general type and similar to the
allowed uses if not specifically listed in another zone .
II . FINDINGS
1 . The applicant is requesting a conditional use permit to
operate a karate studio in a portion of the Tigard Plaza
Shopping Center.
2. The space has previously been used for a health spa and
most recently as a karate school . The karate school
operated prior to the zoning code requirement that they
be treated as conditional uses.
3. The adjacenti]ease spaces are vacant .
4 . Section 18.60.120 (2) requires one parking space/300
sq. ft . of gross floor area for a dance hall , skating
rink and gymnasium. A karate studio is similar in
parking needs. The proposed location is 3000 sq. ft .
thus requiring 10 parking spaces . Adequate parking
spaces are available.
5. Section 7 (d) of the applicant 's lease limits the hours
of operation from 10 AM to 10 PM weekdays.
6 . The proposed business location conforms to the commercial
STAFF REPORT
5.2
Tigard Planning Commission
r September 21, 1976
�.; Page 2
section of the Neighborhood Plan II which encourages
businesses to locate in shopping centers rather than
in a strip commercial fashion along Pacific Highway.
7. The proposed use provides recreation, physical exercise
and teaches personal defense skills of which there is
a public need.
8. The proposed use is compatible with the surrounding
uses in that it is low traffic generating and a
limited number of people involved.
III . RECOMMENDATION:
}
To be advised.
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STAFF REPORT
Agenda 5. 2
Tigard Planning Commission
September 21, 1976
STAFF RECOMMENDATION:
Staff recommends approval with the following:
1 . Hours of operation be limited to no later than 12:00
midnight .
STAFF REPORT
Agenda 5. 3
Tigard Planning Commission
September 21, 1976 - 7: 30 PM
Twality Junior High School - Lecture Room
14650 S .W. 97th Avenue - Tigard, Oregon
DOCKET: ZOA 5-76
REQUEST: To amend sections 18.48.020 and 18. 52.020 of the Tigard
Municipal Code adding garden supply store as conditional uses
in the "M-3, Light Industrial" and "M-4, Industrial Park"
zones.
APPLICANT: City of Tigard
I . BASIC FACTS:
1 . The objectives and policies of the "General Industrial"
section of the Tigard Community Plan are,
OBJECTIVES
1. To provide locations for a wide range of industrial
uses that are compatible with one another.
2. To protect land designated for industry from encroach-
ment by uses which are not compatible.
3. To encourage the location of industry that will pro-
vide employment and that will broaden the tax base
of the community.
POLICIES AND STANDARDS
1 . Use of planned unit development procedures is encouraged
in order to better relate industrial development with
adjoining uses.
2. The planning commission will review the site plan of
each proposed develpment, as provided in the zoning
ordinance, in order to evaluate the compatibility of
vehicular access, signs, lighting, building placement
and designs, and landscaping with adjoining uses, both
existing and proposed.
3. Development will coincide with the provision of public
streets, water and sewerage facilities. These facilities
shall be (a) capable of adequately serving all inter-
vening properties as well as the proposed development,
and (b) designed to meet city or county standards.
II . FINDINGS
1 . A garden shop supply store is listed as a conditional use
in a C-3, C-3M and C-4 zone.
2 . Many contractor's offices (a conditional use in the M-4
zone and M-3 zone) have associated retail sales. Section
STAFF REPORT
Agenda 5. 3
Tigard Planning Commission
September 21, 1976
Page 2
18 52.020 (16) (conditional uses in the M-4 zone) provides
for "Retail sales when authorized by the Planning Commission,
supplemental to, in conjunction with, or part of the fore-
going conditional uses. " This can be construed to allow
a garden supply store as part of a landscape contractor's
office. The staff feels this is stretching the intent of
the code as written and can best be served by stating the
allowed uses more specifically.
3. A garden supply store in conjunction with a landscape
contractor 's office conforms to the general industrial
objectives of the Tigard Community Plan.
4. Areas shown for M-3 and M-4 zoning in the official zoning
map for Tigard are appropriate areas for garden supply store
in conjunction with landscape contractor's office.
5. There is a public need to provide for proper zoning for
garden supply store in conjunction with landscape contractor 's
office. ,'
III . STAFF RECOMMENDATIONS :
To be advised.
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- STAFF REPORT
Agenda 5. 3
Tigard Planning Commission
September 21, 1976
STAFF RECOMMENDATION:
Staff recommends the following wording be added to Section
18.52.020 of the Tigard Municipal Code "(17) . Garden Supply
Store when in conjunction with a landscape contractor 's office."
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STAFF REPORT
Agenda 5.4
Tigard Planning Commission
September 21 , 1976 - 7: 30 PM
Twality Junior High School - Lectur Room
14650 S.W. 97th Avenue - Tigard, Oregon
DOCKET: ZOA 6-76
REQUEST: To amend Chapter 18.76 of the Tigard Municipal Code by
adding an expiration date of one year for variances not
exercised.
APPLICANT: City of Tigard
I . BASIC FACTS :
1 . Section 18.76 of the Tigard Municipal Code authorizes
Planning Commission to grant variances .
2. Section 18. 76 .01 allows the Planning Commission to attach
conditions which it finds necessary to protect the best
interests of the surrounding property or neighborhood and
to otherwise achieve the purposes of the zoning title.
II . FINDINGS:
1 . Time conditions of various kinds may be imposed on a
variance. Since variances are usually justified by the
exhibit of certain conditions on the property and since
those conditions may change in the future in such a manner
that the variance is no longer appropriate or necessary,
it may be limited to a term of years and then be subject
to review. Also a time limit may be related to an event
such as the dedication of an easement or construction of
a street .
2 . In the past projects have been approved and variances
granted based on a site plan exhibiting the need for a
variance. Subsequent to that variance approval the pro-
posed project has not been followed through with and con-
.
structed.. The City is then faced with variances that are
not necessary for a current proposal for the use of the
property.
3. Variances like other zoning regulations relate to the
land and not to the persons owning the land and a variance
granted to a particular owner may also be transferred and
then utilized under a different situation not necessarily `I
requiring the variance.
4 . Section 18.72.030 of the Tigard Municipal Code attaches
an expiration date on a conditional use permit of one
year that provides if a conditional use permit is not
exercised in one year it shall expire thus stopping on-
going conditional use permits granted and never exercised.
III . STAFF RECOMMENDATION:
To be advised.
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- STAFF REPORT !
i;
Agenda 5.4 ,,,
Tigard Planning Commission
September 21, 1976
STAFF RECOMMENDATION:
Staff recommends the creation of the following subsection to
Chapter 18.76 of the Tigard Municipal Code. "18,76.040
Expiration when unexercised. If a variance is approved by
the Planning Commission and then is not exercised, it shall
expire in one year, from the date of approval if the use is
not begun and continual progress towards its full operation i
is in evidence. "
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STAFF REPORT
Agenda 5.5
Tigard Planning 1,1, September 21, 1976 - 7: 30 PM
. Twality Junior High School - Lecture Room
14650 S.W. 97th Avenue - Tigard, Oregon
DOCKET: ZOA 7-76
REQUEST: To amend section 18.60.100 of the Tigard Municipal Code
to state which yards may be used for off-street parking and
how close to the property line parking may be.
APPLICANT: City of Tigard
I . BASIC FACTS
1 . Section 18.58.080 (2) states that a minimum of the front
20 ' shall be landscaped.
2. Section 18.60.100 states that required off-street parking
shall be allowed in any yard setback provided that the
first two feet in from the property line are maintained
in landscaping.
II . FINDINGS:
1 . Reviewing sections 18 . 58.080 (2) and section 18.60, 100
g it has been discovered that they are in conflict . Section
k, 18 .58.080 (2) was adopted in 1974 and section 18.60.100
allowing off-street parking in any yard setback was
adopted in 1970 . Based on those dates, the City Attorney
in July 1973 interpreted these two sections of the code to
be in conflict and stated that they should be reconciled.
His interpretation of the two conflicting sections of the
code came out in favor of the one adopted at the later
date (that the front twenty feet of an industrial area
required to be in landscaping) overrides that which was
adopted on an earlier date allowing off-street parking in
any yard setback.
2. It is in the public interest to clarify this conflict
among sections in the Tigard Municipal Code.
III . STAFF RECOMMENDATIONS:
To be advised.
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4t STAFF REPORT
Agenda 5.5
Tigard Planning Commission
September 21, 1976
STAFF RECOMMENDATIONS:
Staff recommends the following wording to rectify the
discrepancies and clarify any vagueness. 18.60.100
"Required off-street parking shall be allowed in any
yard setback not required by chapter 18.58 or any other
landscaping requirement of this code. . . " (New wording
underlined)
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STAFF REPORT
Agenda 5.6
Tigard Planning Commission
h September 21, 1976 - 7: 30 PM
Twality Junior High School - Lecture Room
14650 S.W. 97th Avenue - Tigard, Oregon
DOCKET: ZOA 8-76
REQUEST: To amend section 18.58.080 subsection 2 of the Tigard
Municipal Code to state from where the front yard landscaping
is measured in an M-2, 3 and 4 zone.
APPLICANT: City of Tigard
I . BASIC FACTS
1 . Section 18.58.080 subsection 2 states "all areas not
occupied by paved roadways, structures, or walkways
should be landscaped. A minimum of the front 20' shall
be landscaped to include any combination of the following:
lawn, evergreen or deciduous trees or shrubs, perennial
or annual flowers. "
II . FINDINGS
1 . Section 18 .58.050 stating the requirements for landscaping
in the A-2 zone, Section 18. 58.060 stating the require-
' ments for landscaping in the C-3 and C-4 zones and Section
18.58.070 stating the landscaping requirements in the C-5
and C-P zones all contain the wording "from the street
right-of-way" following the specification of the depth of
the landscaping. This is not the case in Section 18. 58.080
and appears to be an oversight during the drafting of this
section for the industrial zones.
2 . It is in the public interest to clarify any discrepancies
and oversights in the Tigard Municipal Code.
III . STAFF RECOMMENDATIONS
To be advised.
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STAFF REPORT
Agenda 5.6
Tigard Planning Commission
September 21, 1976
STAFF RECOMMENDATION:
Staff recommends Section 18. 58.080 subsection 2 be amended
to read "a minimum of the front 20 ' from the existing street
right-of-way or the future right-of-way line as designated
in section 18.12.100 shall be landscaped. " (New wording
underlined) . i
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STAFF REPORT
Agenda 5. 7
Tigard Planning Commission
'September 21, 1976 - 7: 30 PM
Twality Junior High School - Lecture Room
14650 S .W. 97th Avenue - Tigard, Oregon �!
DOCKET: DOA 9-76
REQUEST: To amend section 17.08.070 of the Tigard Municipal Code
to reflect the change of procedure for planned developments from
a conditional use permit to a zone change.
APPLICANT: City of Tigard
I . BASIC FACTS
1 . 17.08.070 of the Tigard Municipal Code states "Planned
residential development means a conditional use under a
single family residential zone which go beyond general
subdivision practices combining various types of dwellings
and other structures and used along with open areas pro-
' viding a more desirable overall living environment without
greatly varying density. "
II . FINDINGS
1. In 1973 City Council amended Title 18 of the Tigard Municipal
Code by changing the procedures for planned development
districts from a conditional use in the R-7, R-15 and R-30
zones to a separate zoning classification. r+
2. No modification to the definitions of a planned development
in the subdivision title of the Tigard Municipal Code was
made and is necessary at this time .
III . STAFF RECOMMENDATIONS
To be advised.
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STAFF REPORT
Agenda 5. 7
Tigard Planning Commission
September 21 , 1976
STAFF RECOMMENDATIONS
Staff recommends the substitution of the words "zone change
in accordance with the requirements of Chapter 18.56 of the
Tigard Municipal Code" instead of the words "conditional use"
as presently embodied in section 17.08 .070 of the Tigard
Municipal Code.
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STAFF REPORT
Agenda 5.8
Tigard Planning Commission
September 21, 1976 - 7: 30 PM
(" Twality Junior High School - Lecture Room
14650 S.W. 97th Avenue - Tigard, Oregon
DOCKET: ZOA 10-76
REQUEST: To amend section 17 .16.010 of the Tigard Municipal Code
to require 14 copies of a preliminary subdivision plan to be
submitted for circulation review by affected agencies.
APPLICANT: City of Tigard
I . BASIC FACTS
1 . Section 17.16.010 of the Tigard Municipal Code requires
as a submission of the preliminary plat or map that "each
application shall be accompanied by 9 copies of the
tentative plan showing the general design of the proposal
and objectives thereof and must be filed not later than
the third Monday prior to the meeting at which consideration
by the Planning Commission is sought. "
II . FINDINGS
1 . Section 17.16.100 states that "Prior to approval of any
tentative plan of a subdivision or a major partition
Planning Commission shall coordinate its review thereof
with all affected city, county, state and federal agencies
and affected special districts. "
2. The present submission needs are as follows, copy for each
of the 9 Planning Commissioners, one for the Planning
Department, one for the Public Works Department, one for
the Fire District, one for the school district and one for
the water district .
3. In order for the city to provide clean copies of the pre-
liminary plan for each of the Commissioners and to provide
for adequate staff review and review by those affected
agencies 14 copies are necessary.
III . STAFF RECOMMENDATIONS
To be advised.
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'` STAFF REPORT f;
Agenda 5. 8 t'
Tigard Planning Commission
September 21, 1976 E'
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STAFF RECOMMENDATION:
Staff recommends substitution of the word "fourteen" in place,
ofthe word "nine" in the third paragraph of Section 17.16.100
of the Tigard Municipal Code.
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