SCA 3-76 MASONIC TEMPLE v
-400 MASONIC TEMPLE _
Sign Code Appeals (SCA 3-76)
Temporarl sign for fund caising
breakfast _
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CITY OF TIGARD
P. 0. Box 23557
12420 S. W. Main
Tigard, Or^aon 97223
April. 9, 1976
Mr. James Hargrave, Secy
10785 SW Derry Dell Ct.
Tigard, Oregon 97223
Reference: File No. SCA 3-76 (MASONIC TEMPLE)
Dear Mr. Hargrave:
Please be advised. ':hat th(.- `Tigard Planning Commission, at their
regular meeting of April 6, 1976, considered your request for a
variance to the Tigard Sign Code to erect a temporary sign adver-
tising a fund raising breakfast on Easter Sunday, April 18, 1976,
and your proposal was approved, subject to the following condition:
The temporary sign shall be erected on Wednesday, April 14,
1976, and ^emoved on April 18th (Easter Sunday) .
Please do not hesitate to call this office at 639-41.71 if you need
additional information or assistance.
Sincerely,
J HN LAWS,
Pl .,ming Dept.
Note: The following acknowledment must be received by the City of
Tigard within fourteen M) days of your receipt of this letter.
Failure to do so may result in action by the City of Tigard.
I hereby acknowledge this letter documenting the action of the Tigard
Planning Commission. I have received and read this letter and I agree
to the decision here documented and to abide by any terms anti/or con-
ditions attached.
signature
`/ - /.2 - 7(.,
-.
JL:pt
SCC 3' 9 • i
MINUTES
Tigard Planning Commission
April 6, 1976 - 7:30 p.m. i
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Twality Junior Ei6h School - Lecture Room
1.4650 SW 97th Avenue, Tigard, Oregon
CALL TO ORDER: Meeting called to order at 7:38 p.m. by Com-
missioner Popp in the absence of Chairman Porter.
2. ROIL CALL: Present: Moo:^e, Nicoli, Sakata, Popp, Wakem;
staff: Bolen, Laws
Excused Absence: Goldbach, Porter f
3. APPROVAL OF MINUTES: Minutes of 3/16/76 were approved as submitted.
4. COMMUNICATIONS: Staff informed the Commissioners of the resig-
nation of Ray Ems, effective 4/1/76. !�
5. PUBLIC BEARINGS f
5.1 PRELIMINARY REVIEW 7C 2-76 (Kjelgaard)
A request by Orland Kjelgaard for preliminary plan and pro-
g7am review of a proposed residential planned development
in the vicinity of 13778-13840 SW Hall Blvd. (Wash. Co.
tax map 2.S1 2DD, tax lot 500). i
( tabl_ed from March 2, 1976, meeting)
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A. Staff Report: `
Bolen reiterated the reason for this matter being
tabled from tihe 3/2/'76 meeting in order that NPO'
should have time to resolve street location questions
in the area east of Hall Blvd. and north of Bonita Rd. t
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Bolen read into the record a motion which the NPO #5
had adopted at their 3/24/76 meeting with regard to
the Kjelgaard multi-family request. r
B. Applicant Presentation:
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o Win Stuckey, engineer for the proposed Planned
Development, stated that he had nothing new to add
to those statements which had previously been given
in his presentation at the 3/2/76 ineet.ing.
C. Public Testimony:
o John Havery, Chairman of NPO #5, reiterated some of
the findings, made in the staff report and stated that
when this property and additional surrounding property
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page 2
PC Minutes
4/6/76
we,,e developed, other developers should be aware
that they would have to provide for the cost to
construct an additional spine road system.
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o Walter Durham, NPO #5, asked Mr. Stuckey the approxi-
mate ground floor area being proposed. r
o Stuckey responded approximately 1/6 or 180,000 sq. ft.
D. Staff Recommendation:
Staff recommended that the Planning Commission accept
the application and hold a hearing to consider the zone
change request.
E. Rebuttal:
o Stuckey stated that it was difficult to perform an
adequate job on a small segment and asked that the
grade and alignment of the spine road be pinned
down before -the applicant is required to do so.
F. Commission Discussion aid Action:
o Sakata asked staff's opinion as to the number of
units being proposed.
o Bolen stated that he did not want to be critical at
this time, but was concerned as to the amount of
open space and its arrangement as shown on the con- r
cept plan.
o Nicoli made a motion to proceed with preliminary
plan review.
o Seconded (Wakem) .
o Unanimously approved.
5.2 ZONE CHANCE ZC 8-75 (NPO #3)
Request .for approval of rezoning; of lands within the
boundaries of "NPO #3 Plan for Derry Dell-Foot of Bull
Mountain Area" to conform with the adopted Comprehensive
Plan, as :amended. P
A. Staff Report:
o Bolen stated the reasoning for the zone change
r04uOst in order that the zoning be brought into
conformance with the recently-adopted Comnrehensive
Plan (NPO #3) .
page 3
PC Minutes
4/05/76
B. Public Testimony: none
C. Staff Recommendation: APPROVAL.
D. Commission Discussion and Action:
o Wakem asked staff if counsel :tor Mr. Pollock, Lou .
Fasano, had contacted staff regarding this matter.
o Bolen stated that he had talked to Mr. Fasano con-
cerning the possibilities of developing the Pollock
property and that Mr. Pollock would have the option
of d3veloping his property under a Planned Develop-
ment density at 4 units to the acre.
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o Moore stated that due to the recent Supreme Court
decision regarding Baker v Milwaukie, that by law
we would be required to bring the zoning into con-
formance with the Plan.
o Motion for approval (Saka•ta) ..
o Seconded (Moore) .
o Unanimously approved.
5.3 ZONING ORDINANCE AMENDMENT ZOA 2-76
A proposed amendment of the Tigard Zoning Code, amending
Chapter 13.20 to include a new zoning; classification for
3 dwelling units per acre (R-10) .
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A. Staff Report: read by Laws
B. Public Testimony: none.
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C. Staff Recommendation: APPROVAL, recommending the
following amendments to be imide to Chapter 18, TMC:
Chapter 18.20 shall be emended to read:
Single Family Residential Zones (R-7, R-10, R-15,
R-30) .
Under the heading of Sections, a new section shall
be created: l8.20.035 Lo -- R-10 zone
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The following sections shall be am«ended to include
the new R-10 zone:
page 4
PC Minutes
4/6/76
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Section 18.20.010 Per,nitted Uses. In an R-7, R-10,
R-159 R-30 zone.
Section 18.20.020 Conditional Uses. In an R-7, R-10,
R-15, R-30 zone.
A new section shall be created to reflect the lot area �
and maximum coverage.
18.20.035 Lot -- R-10 zone. In an R-10 zone 'the
lot size shall be as '
follows:
(1) The minimum lot area shall be ten thousand sq. ft.
(2) The maximum lit coverage shall be -thirty-five
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percent.
Section 18.20.060 Setback. Shall be amended to read:
R-79 R-10 or R-15 zones. Except as may otherwise
be provided in Section 18.20.100 -the setbacks in E
an R-7, R-10 or R-15 zone shall be as follows. . .
Section 18.20.080 Building Height. shall be amended
to rud:
Except as provided in Section 1.8.12.110, no building
in an R-7, R-10, R-15 or R-30 zone shall exceed. . . �►
D. Commission Discussion and Action:
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o Motion for approval (Wakem) .
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o Seconded (Moore) . j
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o Unanimously approved.
5.4 ZONING ORDINANCE AMENDMENT ZOA 3-76
A request by the City of Tigard amending; the landscaping
standards of the Zoning Ordinance (Title 189 Section .18.58.050) ,
requiring that security be posted with the City equal to
1.1006 of the cost of the proposed landscaping as determined
by the City Planning Director before the issurunce of any
building permits.
A. Staff Report: Bolen stated that he had contacted other
,jurisdictions regarding this matter and
had concluded that the present method is
both the most effective and involves the
least staff -time.
page 5
PC Minutes
4/6/76
B. Public Testiminy: None.
C. Staff Recommendation: Staff recommended retaining the
present system as stated in section
18.58.050 of the TMC.
D. Comm; -;sion Discussion and Action:
o Popp asked if there has been any difficulty in having
applicants meet their landscaping requirements.
o Wakem stated that he felt that this matter could be
resolved between the two departments -- planning and
building.
o Wakem motioned for denial.
o Seconded (Moore) .
o Unanimously approved.
5.5 CONDITIONAL USE PERMIT CU 5-76 (Kessi.nger)
A request by Earl Kessinger for outside storage of wood
products on a parcel of land in an M-3 (Light industrial)
zone at 12560 SW Hall Blvd. (Wash. Co. tax map 2S1 1BC,
tax lot 2401) .
(tabled .from February 17, 1976, meeting)
A. Staff Report: read by Laws.
B. Applicant Presentation:
o Mr. Ted Nelson, stockholder in I-iighline Forest
Products, stated the nature of his business, emphasiz-
ing that it was not a retail, but a wholesale lumber
brokerage. Nelson further stated that you have to
"look hard" to see the lumber stored on the promises
and that the building serves to hide most of it.
C. Public Testimony: None.
D. Staff Recommendation: Staff recommended APPROVAL, on
the condition that the applicant submit a site plan
to staff which effectively screens the storage area.
C. Rebuttal:
o Nelson stated that he was a lessee of Mr. Drivid Trumbo
and that this lease was on a 90 day basis,- that litm-
page 6
PC Minutes
4/6/76 i
ber ;stored on the premises is not gamed by DBA
Hi.ghline Forest Products, but that they are Dnly
a sub-lease tenant and that Herb Morissette Builders
rent space from Trumbo for storage of lumber as well.
o Bolen stated that perhaps the person we should be
talking; to is Mr. Trumbo as he is the owner of the
property and that Mr. Morissette pays money to Trumbo �
to store material on the site. ►
F. Commission Discussion and Action
o Wakem stated that, when driving by the site, if he
had n,)t known about it, he would not have been aware
of the lumber storage.
o Nicoll stated that since there are additional parties f�
involved in the storage of materials on the site,
it does not say what they'll do in the future as to
increase or decrease in the amount of outside storage. f�
o Wakem asked staff to _find out how many parties were
involved in the outside storage and that, at -this
time, it would be difficult to take action as all
the
time,
is not available.
o '.�akem motioned to -table until all parties could be `
present to give input, in that they would be subject
to bearing the cost of some type of screening device.
With all parties present, -the Commission would then
be able to find out what the impacts would be.
o Moore Seconded.
o Unanimously, approved.
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5.6 FLOOD PLAIN FILL PERMIT M 1--76 (nartel)
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A request for a flood plain fill permit to fill lands I
presently situated within the 100 year flood lain, located
660 ft. south of SW Bonita Rd. on 74th Ave. Wash. Co.
tax map 2Sl 12A, tax lots 1.1.00 and 1200) .
A. Staff Report: read by Bolen.
B. Applicant's Presentation:
o Ray Bartel, architect for the proposed application,
stated that there were two issues involved -- one,
a concern for development of property along 74th
and two, that there would be no adverse effects on
properties both up and downstream.
page 7
PC Minutes
1E/6/76
Bartel stated that the proposal was in keeping
with the Comprehensive Plan and graphically
illustrated the anticipated effects the land fill
would have on the velocity flow to Fanno Creek.
o Nicoli asked Bartel how the fill would be obtained.
o Bartel responded that he hoped lie would not have to
haul in fill, but to provide it on-site.
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C. Public Testimony: None.
i). Staff Recommendation: APPROVAL, with following conditions:
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1. That a detailed engineering plan be submitted
to the Corps of Engineers for their review and
comment, which complies with the flood plain
fill concept approved by the Planning Com-
mission when the applicant wishes to proceed
with the project.
The submitted detailed plan should provide
adequate bank stabilization techniques and
concern for maintenance of the floodway.
2. That a public access easement for pedestrian
and bike paths be provided on all _land west of
Fanno Creek and for a distance extending 50 ft.
from the stream charnel on the east sid.e.
o Ni-coli stated that someone quali.fi.ed, e.g. hydraulic
engineer, review the application and make recommend-
ations.
o Bolen suggested taking this matter to the Corps of
Engineers for their review.
F. Rebuttal; None.
W. Commission Discussion and Action:
o Sakata moved to approve the flood plain fill permi.t
with staff recommendations 1 and 2 and added a 3rd
condition that a non-remonstrance agreement be filed
with the City Recorder for an LID, upon which time
76th would be developed to full CiL-y standards.
o Wakem stated that the Howe E. Lee application, which
was before the Commission, was tabled for essentially
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page 8
PC Minutes f
4/6/76
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the same reasons until a Corps of Engineers
study was made regarding the impacts the filling
would have on surrounding properties. f
o Nicoli seconded the motion. (`
o Motion carried 4-1; Sakata, Nicoli, Popp, moose - yes;
Wakem - no.
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6. SUBDIVISIONS
6.1 S 2-76 (Summerfield Phase IV)
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A request for approval of a preliminary plat for Phase IV, f
Sunmerf.i.eld Planned Development, located east of 98th
between SW Sattler and Durham Rd. (Wash. Co. tax map
2S1 11.C, tax lots 1600, 1700, 2000 & 2600; .tax map
2S1 11D, tax lots 900 and 1500) .
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A. Staff Report: read by Bolen.
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B. Applicant Presentation:
o Bill McMonagle, engineer for Tualatin Development
Co. , st, ted that meetings with representatives j
from Sumncrfield Men's Association had produced
some compromises as to the layout of the 4th and 5th
holes. ;
o McMonagle stated the increases and decreases in yard-
age -that would occur on the 3rd, 1+th and 5th fairways
as shown on the preliminary plat proposal. He
responded to staff's report, addressing himself to
staff findings concerning "conventional subdivision",
road network access to Durham and placement of houses
on -the subject site.
o Wakem asked McMonagle as to Tualatin Development
Company's .intent in altering the 5th hole.
o Moore asked McMonagle. if he hrl been involved with
the master plan from the beginning.
o Wakem asked the differences between "attached" v.
"detached" units as they relate to the master plan
and concept proposal.
C. Public Testimony:
o Larry Krause, Century Oak Circle, Summerfield,
stated that the plan, as proposed, does not adhere to
the concept as depicted on the master plan and he
page 9
PC Minutes
4/6/76
questioned the access onto Durham beccuse of the
future widening plans for this street. Krause
stated that "the road system Is an abomination for
access onto Sattler as proposed". and that there was
not enough greens space depicted on the preliminary
plat as opposed -to that being shown on the master
plan.
o Mr. Jeff Harris, resident of Summerfield, said that
he had conf.i7ence in TDC developing the property.
o Mr. Scalleron, Century Oak Drive, Summerfield, asked
McMonagle about. the proposed road system, stating
that he opposed the road network as shown on the
preliminary plan.
o Morry Hellser questioned the proposed alteration of
the 4th fairway.
o Erskine P. Wood, Summerfield resident, concurred
with Mr. Krause 's statements and further stated that
TDC is using the original layout to sell their pro-
duct and packing the phase 4 proposal with less
open space and smaller lots.
D. Staff Recommendation:
o Staff recommended that the applicant either rework
the submitted plan, using the adopted development
plan as a guide, or apply for an amendment to the
adopted Planned Development Zone.
H. Rebuttal:
o McMonagle defended the preliminary plat concept
and reiterated the proposed street system and lot
configurations.
o Robert Waterman, Century Oak Dr. , supported Mr.
Jeff Harris ' statement concerning his confidence
in TDC In doing a good ,job.
o Stewart Hill., Century Oak Dr. , asked McMonagle if
any of the :Lots facing Sattler were less than 50 ft.
o McMonagle answered that none of the townhouse Lots
were 50 ft. in size.
o Mr. Ripley, Summerfield resident, asked why the
townhouses along -the east side of the 4th fairway
page 10
PC Minutes
4/6/76
could not be separated further apart so that a
better view of the course could be made available.
o Bob Santee, Summerfield resident, asked if homes
on the east side of the 4th fairway will have a path-
way to the course.
o Mrs. Slanker stated that she was concerned about
access to the golf course from the east side of
the 4th fairway.
F. Commission Discussion and Action:
o Moore stated that he was concerned with the traffic
pattern and its access to Durham Rd. from the site
and that the preliminary plan was making major
changes from the original concept plan and that he
would like to see an amendment to the concept plan.
o Wakem echoed Moor,: 's comments regarding traffic
patterns and was co_icerned with the two entrances
onto Durham and the modification in this area, and
modification to the preliminary plan was needed.
in this area. Overall, Wakem stated that the pre-
liminary plan was a decided departure from the
original plan and that lie would like to see an
amendment to the original concept plan.
o Sakata stated that the two entrances proposed onto
Durham and Sattler will help to alleviate potential
traffic problems, but would like to sec some changes
in the other portion of the street system. She
further stated that she would like to see a break
in tide housing pattern, possibly being accomplished
through a cul-de-sac system.
o Sakata also stated that a walkway access from the
triangle should be provic.ed and that a reconsideration
of the pool concept shown to be located .in the "tri-
angle portion" between the 3rd, 4th and 5th holes
should be reconsidered.
o Nicoli a;,ked staff as to the nu-xt step this matter
would take and if another public hearing would be
held on this application.
o Moore inade a motion to deny the preliminary plat
and variance with no reccimmendation, in that the
preliminary plan was not in keeping with the original
master plan as approved.
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page 11
PC Minutes
4/6/76
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o Seconaed (Wakem) . E
o Approved unanimously.
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7. MISCELLANEOUS f
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7.1 An interpretaticn of use to determine whether a Shaklee
Home Products distributorship and sale.:-,)om is similar
to other outright permitted uses in thf -•3, general
commercial zone.
A. Staff stated that they saw no problems with this use
and that in staff's opinion, it was similar to other I
uses permitted in the C-3 zone.
B. Commission Discussion and .Action: i
o Nicoli moved to approve. 't
o Moore seconded.
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o Unanimously approved. f
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7.2 SIGN CODE APPEAL SCA 3-76 (Masonic Temple)
A request by the Tigard Lodge 207, A.F. and A.M. (Masonic
Temple) to erect a temporary sign advertising a fund raising
breakfast on Easter Sunday, April. 18, 1976. ;
A. Staff Report:
o Staff submitted into the record a letter from Mr.
James Hargrave, Secretary for the Ma;ionic Temple,
requesting that a temporary sign be erected on the
church premises from April 14th to April 18th, to
be removed on 4/18/76.
o Laws informed the Commissioners that staff 4i.d not
have the authority to issue a permit (sign) because
of the type of sign being proposed and that a
variance would be required.
o Motion for approval (Moore) .
o Seconded (Sakata) .
o Unanimously approved.
7.3 CONDITIONAL USE REVIEW CU 21-75
Conditional use review of Ceorgia Pacific Corporations 's
page 12
PC Minutes
4/6/76
bake-out oven. (Tabled from Planning Commission
meeting of 3/16/76) .
o Staff in'lormed the Commissioners that no deleterious
effects from the bake-out oven operation had been
brought to staff's attention.
o Popp, stated that he knew of no problems being created
by the operation of the oven.
o Popp moved for approval.
o Seconded by Wakem.
o Unanimoi)sly approved:
B. OTHER BUSINESS: None.
9. ADJOURNMENT: 11:55 p.m.
I
tin , ` A'M �t��
P. o. Go 25:57
1200 S. W. hiiin (�
Ti-j;--rd, Orcgun 97223
March 25, 1976
�q
James N. ►iargrave, Secy.
10785 13.1V. Derry Dell Court 3q
Tigard, Oregon 97223 C�
near Mr. 11-.rgrave:
Thank you for your letter requesting a permit to erect
a temporary sign advertising a fund raising brea.k.fnst Easter
"onlay.
Unfortunately, staff does not have the authority to is.,
such a permit. Section 16. 40.040, (h) of the Tigard Municipal
Code reads Ps follows:
1' 16. 40.040 Certain si.ans prWL)itq. - (h) All signs of a
incidental or temporary nature not pnnnanently affixed to the
ground sh:,11 be prohibited, with the exception of .real estate
signs as permitted in Sections 16.36.020 through 16. 36.040. ,-
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6. 36.040. •t can suggest that your organization may wish to overcome
this impediment by applying to the Pl.enn.ing Cornmissi.on for a
variance from the sign code. Section 16.34.02.0 of the Tigard
11iinic.ipal Code reads as follows:
1116. 34.020 Variance Granting. The planning commission may
grant a variance from ' re provisions of this title based on
findings thFt due to practicsl difficulties, undue 1,srdships
or inconsistencies with the objectives of this tit7.e, the strict
or literal interpretation anti enforcement of a ,specific rcouire-
ITIOrt hereunder should be r:aived or modified. 1'
;'cctton 16. 34.030 reeds as follows:
16- 34-030 PAC-tilt of fi-ii-t}ler apgeil to city council. /any
decis onfhep-fanning co=0.slon pursuart tn this tttlr%. may
be nppenled to the city council . Such sppesl to thc- counci:i.
' a11 be in writing and shall be filed withLi ten days after the
final determination of the planning coramtssion from which the appc,+l
is token. The council may Oetermine the matter de novo on the
recoT d or may ;yet the matter for Incnr•ing at s regular ccuncil
jn sting, and in either irin•t.enre iaay accept, reject or modify Rny
action taken by the planning commission with respoct to the mattrrr
uti0er Pppeal.
If you determine to proceed with the variance request
please contact either Dick Bolen or John Laws in the Planning
Dept. and they will be happy to assist you in bringing your
request before the Planning Commission as soon as possible.
Very truly yours,
Bruce P. Clark
City Administrator
BPC/ao
cc:Planning Dept.
4G
TIGARD LODGE No. 207
A. F. & A. M.
TICARI), OREGON
13680 S. W. Pacific Hwy.
i Torch 19, 1976
Por. Richard C. Bolen
Planning Director - City of Tigard
Tigard, Oregen
Dear Sir:
Tigard Lodge No. 207, A.?. & A.Pi, of Tigard wish to secure
a temao:•ary pe.L--Lit to erect a sign advertising; a funs? .aisicR
breakfast on .Easter Sunday, April 18th. This has bee: an
annual event for several yeare to raise funds for the Temple
use.
We tiish to erect the sign on Wednesday, April 14th and remove
it on April 18th (?: