SCA 5-76 12970 SW HALL ,400 OREGON FOOD SERVICE/EARL ADAMS w
Sign Code Appeals (SCA 5-76)
12970 SW Hall
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MAI MA)
CITY OF TIGARD
CITY (it'
P. O. Box 23557
12420 S. W. Main
Tigard, Oregon 97223
L _D
May 12, 1976 �►ry OF FICA ]
Mr. Earl C. Adams, President
Oregon Food Service
P. 0. Box 23325
Tigard, Oregon 97223
Reference: File No. SCA 5-76
Dear Mr. Adams:
Please be advised that the Tigard Planning Commission, at its
regular meeting of May 4, 1976, considered your request for a
variance to Title 16 of the Tigard Municipal Code to allow a
string of pennants and a flashing light and your request uras
approved, with the understanding that, should the bird problem
cease to exist, you will voluntarily remove the pennants and
light.
If you need additional information or assistance, please do not
hesitate to call this office at 639-4171.
S in_c/ere ly,
Richard Bolen
Planning Director
RB:pt
cc: Bldg. Official
Note: The following acknowledgment must be received by the City
of Tigard within fourteen (14) days of your receipt of this
letter. Failure to return this acknowledgment may result
in action by the City of Tigard.
I hereby acknowledge this letter documenting -the action of the
Tigard Planning Commission. I have received and read this letter
and I agree to the decision here documented and to abide by any
terms and/or conditions attached.
signature •
d
Sc� s� ��
MINUTES
Tigard Planning Commission
May 4, 1976 - 7:30 p.m.
Twality Jr. High School - Lecture Room
14650 S. W. 97th Ave. , Tigard, Oregon
1. CALL TO ORDER: The meeting was called to order at 7:35 p.m.
by Commissioner Porter in the absence of Chair-
man Popp.
2. HOLT, CALL: Present: Goldbach, Moore, Nicoli, Phillips, Porter,
Sakata, Tepedino; staff: Bolen, Daniels
Excused Absence: Krause, Popp
3. APPROVAL OF MINUTES: The 4/20/76 minutes were approved as
submitted.
4. COMMUNICATIONS: None.
5. PUBLIC HEARINGS
5.1 ZONE CHANGE ?C 4-76 (Roberta O'Donoghue)
A request by Roberta O'Donoghue for a zone map amendment
to zone a parcel of land at 7310 SW Spruce, presently
zoned county RU-4 (urban residential) to City R-7 (single
family residential) . (Wash. Co. tax map 1S1 36AC, tax
lot 3700) .
A. Staff Report: read by Daniels.
.B. Applicant Presentation: None.
C. Public Testimony: None
D. Staff Recommendation: Staff recommended approval of
the zone change to R-7, based on the following:
1) R-7 zoning conforms to the TCP as it applies to
this area.
2) R-7 is closest to county zoning R'J-4 in dimensional
and use .requirements.
E. Commission Discussion and Action
o Sakata moved and Goldbach seconded to approve the
zone change request based on staff findings.
o Motion approved by unanimous voice vote.
. .2 ZONE CHANGE ZC 5-16 (Ilansen-Fletcher-Parsons)
Page 2 i
PC Minutes
5/4/76
A request by Hansen-Fletcher-Parsons for an amendment
to a planned development approved 1/10/74, for property
located at the southeast corner of SW 72nd and SW Varns
Rd. (Wash. Co. tax map 2S1 1D, tax lot 900) .
A. Staff Report: read by Bolen.
B. Applicant's Presentation:
o Mr. Robert Fletcher, applicant, stated that the
need for the change from the originally approved
plan is necessitated by a change in the market,
which is not presently conducive to larger office
buildings. The present market is favorable for
smaller, owner-occupied office buildings. He
also stated that limiting the building coverage
to 40% would leave adequate open space and land-
scaping around the buildings much in excess of
what is required in M-4 zoning.
o Mr. Hilton Smith, economist for the applicant,
stated that a good example of the lack of a good
market for large office buildings can be reflected
in Lincolnwo,)d Office Building which exhibits a
high vacancy rate.
o Moore asked about what the intention was 'in regard
to the .land-locked parcel labeled as lot 15.
o Fletcher responded they did not presently contem-
plate the southerly extension of the interior
street, but were leaving that option open should
it present itself.
o Goldbach stated that the preliminary concept was
sound and that a staff/applicant conference would
be in order to iron out the dimensional differences
which were pointed out in the staff report.
o Bolen stated that when Smith and Hansen first con-
tacted him about the development of the property
or abo-at revising the general development plan,
he informed them that they had a unique piece of
property in this part of the City and that it
should be developed to take advantage of those on-
site amenities.
o Barry Rand, representative of Campbell-Yost and
Grube, consulting architects for the project,
stated that i ne first alternative 71-owed to be
page .3
PC Minutes
5/4/76
uneconomic and that they are willing to work with
staff to settle the dimensional problems.
'.There being no further public testimony, the public
meeting was closed.
E. Commission Discussion and taction
o Porter stated that the concept, as presented by
the applicant, conforms to the Comprehensive Plan;
that the market has changed in regard to office
space; and that the presented development concept
fulfills a community need for office space in the
Tigard area.
o Goldbach questioned whether the property could be
used as M-4.
o Bolen responded that the only use that could be
made of that property is as per the Planned Develop-
ment agreement.
o Porter questioned what the previous zoning was.
o Bolen responded that the parcel was previously
zoned R-7 and if the Planning Commission finds that
this PD cannot be initiated within a year, then
they may initiate rezoning proceedings to revert
that zoning to R-7.
o Goldbach stated that the concept was OK and the
details needed to be worked out and urged a staff/
applicant conference.
o Nicoli stated that he also felt the concept was sound.
o Goldbach moved and Sakata seconded to table the re-
quest until aftor an applicant/staff meeting and the
applicant is willing to reappear with the request.
o Motion approved by unanimous voice vete.
5.3 VARIANCE V 4-76 (Charles McClure)
A request by Charles McClure fora variance to the side-
yard setback requirements in a C_5M (general commercial
Main St. ) zone on a parcel of ] and at 9250 SSW Tigard St.
(Wash. Co. -tax map 2S1 2AB, tax lot 31100) .
Nicoli abstained from hearing the matter.
page 4
PC Minutes
May 4, 1976
A. ,Staff Report: read by Daniels.
B. Applica..+':, Presentation:
o Tepedino asked whether an absent applicant could
have his proposal presented to the Tigard Planning
Commission by an agent or party who is not a member
of the Oregon State Bar.
o Bolen stated that the past practice has been to
allow this, but they would check with the City
Attorney as to its legaili.ty and report back at
the next Planning Commission meeting.
o Mrs. Char:lott? Olson summarized the request and
stated that McClure is also willing to maintain the
highway embankment, which landscaping has been
allowed to deteriorate.
C. Public Testimony: None.
D. Staff Recommendation: Staff recommended approval of
the variance to allow a reduction in the sideyard
setback from 10' to 21 , subject to the following
conditions:
1) The improvements at the corner of Tigard and
Main Sts. be extended along this property with
curb, sidewalk, half-street improvement;.;
2) A 5 ft. right-of-way dedication be provided so
as to provide room for the half street improve-
ment.
E. Commission Discussion and Action
o Porter stated that he agrepri ,pith staff recommendation
and that the variance was nit injurious to the Tigard
Municipal Code.
o Goldbach moved and Moore seconded to approve the
variance based on staff findings.
o Motion approved by unanimous voice vote, with
Nicoli abstaining.
t 6. MISCELLANEOUS
6.1 FLOOD PLAIN FILL PERMIT M 9-74 (Ilowe E. Lee)
A request for a flood plain fill permit to fill lands
page 5
PC Minutes
5/4/76
presently situated within the 100 year flood plain
located a , 9110 SW Burnham St. (Wash. Co. tax map
2S1 2AC, tax lot 200) .
A. Staff 'Report: read by Bolen.
B. Applicant's Presentation:
o Mr. Jack St. Clair, architect for the applicant,
summarized the request.
o Mr. Frederick C. Cooper, professional engineer
with Cooper and Associates, introduced exhib- t "A",
which explained the impact which this fill ..ould
have on the 100 year flood plain of Fanno Creek.
o Bolen questioned whether the fill would have a. .y
impact upon the storage capacity of the floodway,
as opposed to the current motion associated with
the floodway.
o Cooper responded that the flood plain's capacity for
storage in the event -)f a 100 year flood would be
lessened, but that if a 13,000 cubic yard fill were
permitted, it would amount to displacement of about
li" of water along a one mile section of the Fanno
Creek floodway.
o Ms. Hanneman, property owner downstream and to the
south, questioned Mr. Cooper as to the impact it
would have on her property.
o Cooper responded that it would be negligible.
o Cooper also stated that -the fill would have no impact
on erosion.
C. Public Testimony
o Dick Miller stated that constrictions along the
flood plain, associated with fills and other manmade
features such as Grimsted Bridge, have constricted
the flow of water of Fanno Creek and have caused
unnecessary flooding.
o Mr. Berman Buchholz, neighbor, also stated that by
filling the flood plain additional flooding would
be resultant.
D. Staff Recommendation: Approval of a fill concept, sub-
ject to the following conditions:
page 6
PC Minutes
5/4/76
1. Net fill brought to the site not exceed 5,000
cubic yards.
2. Average slope of 1:60 to be maintained within the
1110 year flood plain" (elevation less than 146'
MSL from low water surface to edge of parking
area) .
3. No slopes exceed 1:20 for more than 2 ft. rise.
4. That a specific development plan be submitted
and stamped by a professional engineer with
demonstrable expertise in hydrology and that it
be reviewed by the Army Corps of Engineers and
the City Engineering Dept. before final approval.
5. Subsurface drainage be pro-ided to drain hard-
surface water areas.
6. All areas not used for parking, buildings, access or
pedestrian way be landscaped with suitable flood-
able materials.
7,. An easement be dedicated for bikeway right-of-way
and stream access, said easement to be negotiated
by applicant with City, subject to staff approval
and negotiated prior to Commission review of the
final plan.
8. 10 ft. of additional right-of-way be dedicated
along SW Burnham St.
9. Applicant waiver his right to remonstrate against
street improvement LID on Burnham St.
10. The contours of the southwest property line meet
the contours nog, existing on the adjacent property
and an appropri.ate slope also be provided Lis noted
in condition #3-
o Upon responding to a question from Porter, Mr. St. Clair
stated that the applicant was agreeable to the staff
conditions.
E. Commission Discussion and Action
o Moore stated that he felt there was a need to have
a more detailed plan drawn'up for Planning Commission
review prepared by a qualified hydrologist.
o Phillips moved and Goldbach seconded to approve
the concept of the fill, subject to the conditions
stated in the staff report.
page 7
PC Minutes
5/4/76
o Motion approved by majority voice vote, Moore
dissenting.
6.2 SIGN CODE APPEAL SCA 5-76 (Oregon Food Service)
A request by Earl. Adams for v-riance to Title 16, Sign
Regulations, Section 16.40.010 - flags, banners, political
signs.
A. Staff Report: read by Daniels.
B. Applicant's Presentation:
o Earl Adams, applicant, summarized the request and
stated the situation his company was in with regard
to FDA regulations.
o Phillips asked if air doors had been considered as
remedy to -the bird problem.
o Adams responded that they were too expensive.
o Moore asked if the light could be turned off at
sundown so it wouldn't be on in the winter after
dark, but before 6 p.m. .
o Adams responded that it was possible to do that.
C. Public Testimony: None.
D. Staff Recommendation: Approval, with the following
condition:
1) that a flashing light only be operated during
normal business hours.
E. Commission Discussion and Action
o Moore stated that normal business hours during
the winter months would, in all probability, be
during rion-daylight hours and recommended instead
that the flashing light only be operated during
daylight hours.
o Sakata stated that the applicant has proven a need
for the variance and have an unusual hardship because
their plant on Hunziker does not have this problem,
nor is it shared by other operators in this general
area.
page 8
PC Minutes
5/4/76
o Sakata moved and Tepedino second that the variance
to allow penna: ts and a flashing light be approved.
o Phillips stated that the approval should only be
given for a 12 month period and at the end of that
time be re-evaluated to determine if the problem
still exists and whether all of the remedies now
being used are necessary.
o Moore recommended that the applicant be able to use
his own judgment whether they still have the problem
and leave it to the applicant's own volition to re-
move the flashing light and banners when the problem
no longer exists.
o Motion was approved by majority voice vote with
Phillips dissenting.
6,3 SIGN CODE. APPEAL SCA 6-76 (Martell, Inc.
dba Doug's
Staff informed the Commission
dithat
scoverythis
'thatitem
nohad
aariance
removed from the agendaupon
is necessary.
7. OTHER BUSINEIS
Staff distributed copies of the rasano and Baker Supreme Court
decisions to Commissioners who had voiced an interest in
receiving those at the last Commission workshop.
8. ADJOU.'9[ZNMENT: There
being n about further
business, the meeting
STAFF REPORT
TIGARD PLANNING COMMISSION
May 4, 1976
Agenda Item 6.3
DOCKET: SCA J7,6
REQUEST: Sign Code variance to Section 16.40.010 ane' Section 16.40.060
of Tigard Muni6ipal Code to allow a string of pennants and a .
flashing sign.
LOCATION: 12970 S.W. Hall Blvd. (Wash. Co. tax map 2S1 2DA, tax lot 501)
APPLICANT: Oregon Food Service
BASIC FACTS:
1. Tigard Comprehensive Plan designates the site for general industrial and
the zoning is M-3 (light industrial) which allows food processing as an
outright permitted use.
2. Section 16.08. 150 of Tigard Municipal Code defines flashing sign to mean any
sign which is illuminated by an intermittant or flashing light or which is
in any other way animated so as to create the illusion of movement without
actual physical movement or the illusion of a f.las'hi.ng or intermittant
light or light source.
3. Section 16.60.010 (A) Tigard Municipal Code prohibits the display or
maintenance of strings of pennants, banners or streamers, festoons of lights,
clusters of flags, strings of twirlers or propellers, flashing or blinking
lights, flares, balloons or similar devices of carnival nature.
4. Section 16.40.060 Tigard Municipal Code subsectlon "A" states that no exposed,
reflective type bulbs, strobe lights, rotary beacons, par spots, zip lights
or similar devices shall be permitted.
5. Section 16.34.020 Tigard Municipal Code allows the Planning Commission to
grant variances from these requirements based on findings that, due to
practical difficulties, undue hardship or inconsistencies with the obj�•ct.ives
of this title, the strict and literal inter.prepation and enforcement of a
specific requirement hereunder should be waived or modified.
FINDINGS
1. Applicant has requested a variance to sections 16.40.O60 and 16.40.010 of
the Tigard Municipal Code to allow the maintenance of a flashing strobe
light and two ,strings of banners on the exterior of their food storage plant.
at 1.7.970 S.W. Hall.
page, 2
Staff Report
May 4, 19;16
2. According to the applicant's written submittal, in December of 1975 his
company was inspected by the Food and Drug Administration and cited 36
times for allowing birds inside the warehouse.
3. With the help of American Sanitation Institute, the following remedial
action were undertaken;
1) Install 3 bird lights - one inside the door, one on the west side
and one on the south end;
2) Installed ,flashing lights inside warehouse;
3) To obtain plastic banners and suspend them down under the canopy
approximately 1 foot on the west and south exposures.
4) Build bird feeders and place on the roof with bird feed containing
dvitrol.
These 4 actions were completed in January and have resolved the problem
of birds in the warehouse.
4. Flashing lights are on only during working hours which are pot earlier
than 7 A.M. to not later than 6 P.M.
5. According to Mr. Adams, failure to control the situat{.on of the birds
would have meant closure of his plant and possible felony charge.
6. The written material submitted by Oregon Food Service has exhibited
practical difficulties, undue hardships with the strict interpretation
and enforcement of these 2 particular sections of the Tigard Municipal
Cede may be waived.
STAFF RECOMMENDATION:
Approval of the sign code appeal, based on following Londitiunt
1 . The flashing light only be operated during normal business hours.
1
r •elf"����YS/�/ V�r 10� / 4I—d
P.O. fox 23325 12970 S.W.Hall
Phone 639 6141
-nGARD,OREGON 972.23
March 7, 1976
City of Tigard
).2420 S.W. Main
Tigard, Oregon 97223
Attention: Mr. Bruce Cook
Dear Mr. Cook:
During the past year, birds have flown in and out of our warehouse
when the doors were open.
In December 1975, we were inspected by the Federal Food and Drug,
at which time our company was cited 36 times for allowing birds in our
warehouse. 1 then called the F.D.A. in Seattle to inquire as to whether
or not they had a solution. They advised me to contact the Department of
Environment who informed me to contact the Health Department of Hillsboro"
and they informed me that they could not help as they were unfamiliar with
this type of a problem.
The problem is that if we do not conform to F.D.A., they can close
our business down and charge we with a felony.
At this time I dccided to hire experts to assist me with our bird
problem. We contracted with American Sanitation. Institute who inspect-A our
Facilities and informed us that the only way to keep the birds out of our
,warehouse were as follows:
1. Install 3 bird lights - 1 inside the door and 1 vn the v:ost
side and 1 on the south end.
2. Install flashing lights inside varcliouse.
3. To obtain plastic burners and suspend them down under
the canopy approximately 1 foot on the west and south
exposures.
4. Build bird feeder and place on the roof with bird feed
containing Dvitrol.
The above four items were completed in January and have solved our
biLd problem in our warchouse.
i
c
k
P.O. [lox 23325 12970 S.W.Hall
Phone 639.6141
TIGARD,OREGON 97223
• 2 -
I would like to ask the Planning Commission to grant us a variance to
use equipment now installed due to the difficulties beyond our control.
Sincere Yours,
OREEGM F000 SERVICE
E,Irl
ERVICE
Earl C. (Adams
ECA:rms President
AFFIDAVIT OF PUBLICA i 10N
I
SPATE OF 011,l;G0N' NOTICE OF PUBLIC HEARING
COUNTY OF 1VASHINGTON, } ss• AGENDA f
Tigard Planning Commission
May 4, 1976 — 7:30 p.m. �
1 Twality Jr. High School -- Lecture
Joseph_Schiffer-y..._..._...................................._._....._... Room - i
14650 SW 97th Ave:,Tigard, Oregon
Iwing first duly sworn, depose and say that I am the publisher .............__. rkPUBLIC HEARIN S:
5.1 ZONE CHANGE ZC 4.76(Bober-
of The Tigard Times, a newspaper of general circulation, as defined to O'Dbnol;huc) A'riltest by Roberta, ;
O'Donaghue for a zoning tpr p arfiend-
ment to zone a parcel of ianFat 7310 ,
by t1HS 193.010 and 193.020, published at Tigard, in the aforesaid county and SW Spruce, presently toned county
RUA (urban residential to R•7(single
stare; that the legal notice, a printed copy of which is hereto annexed, was family residential).(Wash.Co.tax map
1S1 36AC, tax lot 3700).
published i^ the entire issue of said newspaper for ......2....._.. 5.2 ZONE CHANGE 7C 4-75(Bonn)
successive and A request by Jerry• Bonn for general
plan and program revie,v of a proposed
consecutive weeks in the following issues ._. .. .._........................_..........._........_........-- multi-family (88 unit) residential
April 22 .&__29,_ 19'� planned development In the vicinity of.
_..__ .... _ 109th and Canterbury Lane.(Wash.Co.
lax map 1S1 34B, tax lot 50d).
_.. c< ... ..._..._ 5.3 ZONE.CHANGE ZC 3 78(Bolan
(5i ture) ich) A request by Roger Belanich for
a general plan and program review of
a proposed commercial planned dcvcl
G.tl,scribed and sworn to before me this .............2-nth......... day of .. ...... opment In the vicinity of 121st, 122nd
and Scholls Ferry Rd. (Wash. Co. tax
map 1S1 34B, tax lot 500).
A lig .i.l 1y 76 5.4 ZONE CHANGE Zf-5 .76 (Ilan-
5.4
A ,request by
Hansen-Fletcher-Parrons for an
lG'E�tf..•. •-C��C ' amendment to a planned development
Notary I blic of Oregon approved June 10,1974,for property lu-r�
cated at the Southeast corner of SW
�1v ni ntisci •n expires �( ry�J 72nd and SW Varns Rd.(Wash.Co.tax
_ 79/ map 2S1 ID, lax lot 960).
5.5 VARIANCE V 4-76 (Charles sic-
Clure) A request by Charles McClure -"
for a variance to the front yard setback
requirements In a C-3M (Main St. ggen-
oral commercial) zone on a parcel of
land tit 9250 SW Tigard St:(Wash.Co.
tax map 2S1 2AB, lax lot 3400).
6. MISCFLLANFOUS:
6.1 FLOOD PLAIN FILL PERA-iTT M
9 7$ (Bowe Lee) A request for a flood
plain fill permit to fill lands presently
situated within the 100 year flood plain,
located at 9110 SW Burnham St.
(Wash. Co. tax map 2$1 2AC, tax lot
200). (tabled from Februay 17, 11176,
meeting)
A request by
4,r Adanis for a variance of 'Title 16,
Sign Regulations, Section 16.40.010 —
Fiags, banners, political signs.
(TT 2699—Publish April 22&29,1976)
Far
� ho�a foo k
SCA5t 7L x 5)