Ordinance No. 78-34 1" CITY OF TIGARD, OREGON j
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ORDINANCE NO. 78-31
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AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY G
DANIEL MEEKOMS FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE
CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT
7105 S.W. VARNS AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 1D
AS TAX LOT 900, FROM CITY OF TIGARD R-7 TO "C-P" COMMERCIAL-
PROFESSIONAL AND ADOPTING EXHIBITS "A" & "B"' GRANTING THE APPLICATION
AND FIXING AN EFFECTIVE DATE.
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been
heretofore and ars: now classified as City of Tigard
"R-7" pursuant to the provisions of the City of Tigard's Zoning
Ordinance and Tigard Ordinance No. 75-52, and further finding that
pursuant to prescribed procedures, the above-stated application for
a zoning map amendment was heard in a public hearing held by the
Tigard Planning Commission on May 2, 1978, and all interested persons
were 'there and then afforded an opportunity to be heard, and thereafter
the Planning Commission filed its report and recommended approval
with the City Recorder, a copy therefor hereto attached and by
reference made a part hereof, the Council adopts the following
substantive findings:
A. The proposed "C-P" zoning is compatible with surrounding
uses and is consistent with the NPO #5 Commercial-Professional
Plan designation and
B. That with the attachment of appropriate conditions the
adequate provision of public services to serve development
of the site can be assured.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.83
of the Tigard Municipal Code, the applicant's request for
an amendment of the Tigard Zoning Map of 1970 to zone those lands
described in the attached Exhibit "A" for Commercial-Professional
(C-P) use is hereby approved, subject to the provisions of Chapter
18.40 Co,,anercial-Professional Zone of the Tigard Municipal Code so
embodied in or exhibited by the document submitted and identified
as follows:
Exhibit "A" : Legal description
Exhibit "B" : Staff report
and further subject to the following conditions
1. That the property not be developed until S.W. Varns Street
has been brought up to City Standards. It is recommended
that this be done by means of a local improvement district,
with the applicant initiating the request.
Ordinance No. 78- _ �µ
ZC 9-78 -�-*
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2. Five feet of additional right-of-way be provided along
the S.W. 72nd Avenue frontage for southern 115 feet of
property.
3. File with the City Recorder an agreement to not remonstrate
against a .future Vocal Improvement District (LID) for
street improvements to SW 72nd Avenue and SW Varns Street.
SECTION 3: This ordinance shall be effective on and after the 31st
day after its passage by the Council and approval of
the Mayor.
PASSED: By f�aU� �j,.,u 5 vote of all Council members present
this ;� day of _, 1978 after being
read two times by number and title only.
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Rec der - Cit_ of -pigard
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APPROVED: By the Mayor this day h� day of , 1978.
Mayor - City of Tigard
P..
Page 2
Ordinance No. 78-,4!`
`xR 2C 9-78
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LEGAL DESCRIPTION l
Description of a portion of Lot 12, "Varner Acres" a
duly recorded Plat located in the S.E,. -Ll- of Section 1 ,
Township 2 South, Range 1 t.st, Willamette Meridian,
Washington County, State of Oregon, said parcel being
more particularly described as follows.
Baginning-at the Southwest Corner of said Lot 12;
thence NO 38'13"E alo=ng the West line of said .lot
12 (being also the East line of S. W. 72nd Avenue ,
County Road #4.72) a distance of 127.75 feet to an
iron rod on the Southerly right of way .line of
Oregon State Highway No. 217; thence along said
Southerly right of way line the following'courses
and distances: S89c08'38"E 28.72 feet, !aU 37'20"E y
173.11 feetN38a 04'05"E 32.73 feet, 561°06'02"E
132. 51 feet,, S61 44"39"E 177. 90 feet to andiron rod
on the East line of said Lot 12; thence SO 45'W
174.26 feet to the Southeast Corner of said Lot 12,
being; also a .point on the North right of waypline
of S.W. Varn (Couiaty Road #1286) ; thence S89 20'38"W
along the South line of said Lot .12 (and the North
line of said right of way) 322.63 feet to the point
of beginning.
The above parcel contains 78,278 square feet, 1. 7970
acres.
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STAFF REPORT r
TIGARD PLANNING COMMISSION
May 2, 1978
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street Tigard, Oregon
Docket: Zone Change ZC 9-78
Request: For a zone map amendment from R-7 "Single Family
Residential" to CP "Commercial Professional" for
a 1.8 acre parcel.
Location: 7105 S.W. Varns Street ((Nash. Co. Tax Map 2S1 1D, '
Tax Lot 900) .
Applicant : Daniel Meekoms
I . Findings of Fact :
1. The site is designated "Commercial Professional"
on the NPO #5 Plan and is currently zoned R-7
Single Family Residential .
2. ' The applicant is requesting to upgrade the
zoning on the property from the existing R-7,
Single Family Residential zone, to CP
"Commercial Professional" .
3. The NPO #5 Plan `lap designates this parcel for
Commercial Professional Development. The Plan
Text states that the Rolling Hills Residential
area which abutts this site should be protected
from the industrial development occurring
around it by:
(1) Providing a stepping down of the intensity
of industrial use in adjacent locations.
(2) Employing strict site development standards
that insure compatibility.
In addition, the City wide plan policy that
development coincide with the provision of
adequate urban services is particularly
relevant in this case because of the ver
substandard condition of S.W. Varns Street,
it being nothing more than a gravel road. The
relevant policy is:
"Development will coincide with the
provision of public streets, water and
sewage facilities. . . . "
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STARF RNA. .,T
TIGARD PLANNING COMMISSION
May 2, 1975
Page 3
Varns (primarily the office complex facing 217) a
local improvement- district should be .formed to bring
the street up to standard, The City has on file non-
remonstrance agreements for the lots abutting from
the south and in the 72nd Business Park which has its
Primary access off of S.W. 72nd.
IV. Staff Recommendation:
Based upon the preceeding ,findings of ,fact and
conclusions staff recommends approval subject to the
following conditions:
1. That the property not be developed until S.W.
Varns Street has been brought up to City Standards.
It is recommended that this be done by means of a
local improvement district, with the applicant
initiating the request.
2. Five feet of additional right-of--way be provided along
the S.W. 72nd Avenue frontage.
3• File with the City Recorder an agreement to not
remonstrate against a future Leal Improvement District
(,LID) for street improvements co S.W. 72;id Avenue and
S.W. Varns Street.
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MINUTES.
'TIGARD PLANNING CObIMISSIOV
May 2, 1978 -
Fowler Junior High School - Lecture'Room
10865 SW Wainut•St - Tigard, Oregon
1. Call to Order:
Meeting was called to order at 7:35 PM
2. Roll Call:
' Present: Tepedino, Popp, Quimby, Wood, Rossman, Brian, Sakata, Corliss
3.. Approval of Minutes:
The minutes of April 18, 1978 were approved with the following corrections:
Page 2', Wood's first comment should read "Single Family • Attached would be
the same as Single Family Detached"; the last comment prior to Public Testimony
should read "one unit per salesman and do not market houses as investment
properties";Page 9, third paragraph, Rossman voted yes;
4. Communications:
Quimby read an article from the Oregonian by the Attorney General requesting
that the availability of school facilities be considered prior to approval of
construction of new subdivisions and also wanted a copy of this report.
5. Public Hearings:
ZONE CHANGE ZC 9-78 (Meekoms) NPO 2
A request by Daniel Meekoms for a zone map amendment from R-7 "Single Family
Residential" to CP "Commercial Professional" for a 1.80 acre site at the
intersection of SW Varns St. and 72nd Ave, (Wash. Co. Tax Map 2S1 1D, Tax
Lot 800).
A. Staff Report: Read by Altman
B. Applicant's Presentaion:
Dan Meekoms, 13525 SW 131st, Beaverton, stated he had discussed with the.
State Highway Department to verify if his proposal would conflict with
their future plan for interchanges off 217; they said his proposal
would comply witlytheir plans; he stated the great need for offices in _
the Tigard area; also that his ;design would be compatible with the
area saving as many trees as possible.
C. Public Testimony:
Opposition:
Craig Hopkins, 7430 SW Varns, expressed concern with the safety of
children attending Phil Lewis School with the congested traffic on
72nd being already bad; commercial development would jeopardize their
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TIGARD PLANNING COMIMISSION
May 2, 1978
Page 2
safety further.
Mrs. William Swannee, 7325 SW Varns St., was concerned with the
children as well as the trees and was opposed to creation of a
"concrete jungle"; she stated the office complex on the other side
of the freeway had stood vacant for 1 1/2 years and she'd like
to see the area kept residential.
John Bishop, 7375 SW Varns, expressed concern with%the interchange
and wished to see the states decision prior to any action being taken.
D. Staff Rec3mmendationc
Based upon the preceeding findings of fact and conclusions staff
recommends approval subject to the following conditions;
1. That the property not be developed until S.W. Varns St. has been
brought up to City Standards. It is recommended that. this be done
by means of a local improvement district, with the applicant.,,..
initiating the request.
2. Five feet of additional right-of-way be provided along the SW
72nd Avenue frontage.
3. File with the City Recorder an agreement to not remonstrate against
a future Local Improvement District (LID) for street improvements'
to SW 72nd Avenue and SW Varns Street.
E. Commission Discussion;
*Popp was concerned with the additional traffic and the development
of the interchange in the future feeling it Taould serve lots of traffic
currently on Hunziker; he felt truck traffic should be brought off 217
in the vicinity of the Railroad Tracks,;r he was concerned with the:
growth and control of traffic and with bringing the zoning into com-
pliance with the Comprehensive Plan which this proposal would do
and also stated the office supply was in short demand in Tigard.
*Quimby asked if this was the area of extreme air quality problems
according to DEQ?
*Staff stated the DEQ report said that in 1985 this area would reach the
maximum limits for air pollution standards.
*Popp said the small traffic. generated with this small type of office
complex would generate far less air pollution; even though it was
currently zoned R-7 he doubted whether anyone would build homes on
the lot; this proposal was the best overall development of that
property.
*Wood asked why Varns St must be brought up to city standards and if
they were able to attach a condition on the development not specified
by the zone in the Comprehensive Plan; also stated the trees would be {
answered in Design Review and preserved; this area was zoned for
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TIGARD PLANNING COMMISSION
May 2, 1978
Page 3
development and they couldn't deny his application„ .
°Tepedino asked staff about incremental increases of traffic
addressed.
°Brian stated that he felt if the plot was developed_ as R-7 into
Single Family Residences propably more traffic would be. generated
than by this Commercial Professional Development.
°Rossman wanted Popp to clarify his position
Popp stated he was in favor
Brian wanted some sort of control factor over the traffic and
made a motion for approval based on staff findings and staff
recommendations and added "for the southern ?15' of the lot" after X62.
*Wood seconded
The vote was unanimous for approval.
ZONE CHANGE ZC 10-78 NPO
A request by Roger Belanich for a zone map amendment from County B-4
"General E::tensive Commercial" to City C-3 "General Commercial" for parcels
totaling 1.23 acres at the intersection of SW Greenburg Rd and Shady Lane
(Wash. Co. Tax Map 1S1 35B, Tax Lots 1300, 1303, 1400 and 1500).
A. Staff Report: Read by Altman-
B. Applicant's Presentation:
Roger Belanich, 2330: 43rd Ave. E., Seattle, stated he had owned the
property for 6 years and a Shady Lane Study had been made to analyze
the best use for that area; the Comprehensive Plan was then adopted and
the area zoned Retail/Commercial.
Sakata asked for an exact location, next to the Tinker Toy Store?
Belanich answered it was between the bakery and Tinker Toy Store and had
a 24' frontage.
C. Public Testimony: None
D. Staff Recommendation:
Based on the preceeding findings of fact and conclusions, staff recommends
approval subject to the following conditions:
1. Five feet of right-of-way be provided-along the Cascade Avenue.
frontage.
2. The applicant file with the City Recorder an agreement not to re-
monstrate against a Local Improvement District (LID) for street
improvements to SW Cascade Avenue and the frontage road along the
southeastern portion of the property.
MINUTES
TIGARD PLANNING COMMISSION
May 2, 1978
Page 4
E. Commission Discussion:
..°Sakata questioned if the 24' was enough for a driveway
*Staff stated 30' right of way and 24' paved was.the access
requirement
*Brian asked if this problem should be addressed now
*the applicant thought it was a step ahead of time
*Staff refered to Sec. 18.64.030 of the Tigard Mcnicipal Code
to state with 1-99 parking spaces the minimum access was
130' with 80% paved
°Brian stated there was another exit
*Brian recommended approval based on staff findings and recommendations
*Quimby seconded the motion
*the vote was unanimous
5.3 CONDITIONAL USE . CU 9-78 (Kolve) NPO 3
A request by Gerald Kolve and Donald Kettleberg to operate a title
insurance company in a C-4 "Neighborhood Commercial" zone on a 6.74 acre
parcel (Canterbury Square) at 14363 SW Pacific Hwy., (Wash. Co. Tax.
Map 2S1 10A, Tax Lot 1700).
A.` Staff Report ; Read by Altman
B. Applicant's Presentation
Gerald Kolve, 2210 S.W. Brooklyn Blvd., Portland, stated he
needed a tenant at this location which would attract short term
parking, with no high volume, and chose a Title Company which
also conforms to C-4 zoning as a Conditional Use and does not
impose any major impact on the shopping center with less than 2%
of the total area of the shopping center.
C. Public Testimony:None
D. Staff Recommendations:
Based on the preceeding Findings of Fact and Conclusions, staff
recommends approval of the applicant's request as submitted.
E. Commission Discussion:
°Wood moved for approval based on staff findings and recommendations
Rossman seconded
The vote for approval was unanimous
5.4 CONDITIONAL USE CU 10-78 (Herb Jundt) NPO 3
A request by Herb Jundt for an outside display and storage of sales and
rental -quipment on a 2.1 acre parcel in a C-4 zone at the corner of
SW Gaarde,and Pacific Hwy ( .Wash. Co. Tax Map 2S1 1OA, Tax Lots 1300 and 144^
MINUTES
TIGARD PLANNING COMMISSIOD
May 2,1978
Page 5 : I
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A. Staff Report: Read by.Altman
B. Applicant's Presentation:
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Herb Jundt,
stated that he had assumed the eequest would be approved and when
staff asked for a list of items to be on display there was a
misunderstanding as to what would actually be displayed.
Under Staff Report Finding of Fact #1,6, concerning screening,' his
drawing was only an approximate representation of the %eighth and
would actually be as high as necessary to screen the equipment;
the area would not actually be seen from Pacific Hwy and.Gaarde
as Gaarde was screened and was below grade-the site was not visible
froim the northbound lanes of Pacific Hwy;
#II, the applicant further stated concerning Finding of Fact #II he
was not deliberately trying to make his storage area visible - the
area was not zoned for industrial construction use; this proposal
would be a complete sports store allowing the customer the opportunity
to try out several different types of recreation by being able to rent
equipment - it would also cater to the do-it-yourself home repairperson
Staff clarified its position as saying the basic intent of this report
is to seek direction from the Planning Commission and not say whether
he's specifically proposing to do it - only trying to clarify what type
of use is permitted.
C. Public Testimony:
CA. Proponent's None
b' Opponent's
Popp read a letter stating opposition to the project due to the increase
in traffic and a general disapproval of this type of business in this area.
Russell Ripley, 15655 SW 0ld Orchard Place, owner of the Furniture Store
directly across Pacific-Hwy for *20 years opposed, stating he had earlier
had to blacktop and landscape the front of his lot at great expense to
make the area look good and in keeping with the otherwise 'nice area;
he stated it was unfair to have so many restrictions on one side of the y
highway and none on tiie other side,
Mrs. Ripley, 15655 SW Old Orchard Place, cited increased traffic hazard
as another reason for opposition. -
Brigitte Pottington, 10085 SW Inez, thought a 10' high fence would be
unsightly to drivers.
c. Rebuttal
Jundt stated he had wanted to raise the grade where the building was
located and would do anything necessary to screen the ,storage area,
Ripley asked how they could allow anything that would require covering up
MINUTES
TIGARD PLANNING COMMISSION
May 2, 1978
Page b
Bruce Anderson, 11205 SW Gaarde, stated this was not a suitable business
for this location,
Tepedino asked if the general concept of this. ttore had changed since he
had last presented his proposal. to the Planning Commission? The previous
time it had been strictly sports shop and light hardware.
• D. Staff Recommendations:
Based upon the preceeding findings of fact and conclusions staff recommends
that this request be denied.
If the Planning Commission chooses to approve this request staff recommends.
the following conditions be applied:
1. Sales and rentals be restricted from serving the construction industry l
With power equipment.
2. No outside display be permitted.
3. The design criteria specified in the Conclusionary Findings be utilized
for Design Review.
4. Ten feet pf right-of-way be dedicated along the Gaarde Street frontage
for street improvement p-2-poses.
E. Commission Discussion;
Popp stated he had nothing against a sports store but the outside display area
was inappropriate and all other merchants had to conform to outside
aesthetics.
Wood stated the previous discussion didn't consider -large construction
machines - only type of outdoor storage of these machines could be under:.a
roof.
Corliss stated Tigard could use these items on a rental basis but that this
was an inappropriate use for this,area; rental equipment requires outside
storage.
Quimby felt there was no need for this type of equipment and it was not in
compliance with the Comprehensive Plan
Sakata stated there was a need for something like this in Tigard.
Tepedino thou-,ht it was inappropriate in this area with dwelling units
adjacent and businesses around; he was under the impression from the previous
discussion that the store would be storing ski equipment outside.
Wood felt it was a similar use based on its retail store similarity,
MINUTES
TIGARD PLANNING COMMISSION
Nay 2, 1978
Page 7
.Wood made a motion for denial abased on staff findings and recommendations.
Quimby seconded the motion:
The motion for denial was unanimous.
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7 5.5 CONDITIONAL USE CU 12-78 (Tigard Assembly of God ) NPO 3
A request by the Rev. A.M. Hultgren for Tigard Assembly of God church for a
conditional use permit for an internally illuminated free standing sign at
11265 SW Gaarde St (Wash. Co. Tax Map 2S1 3DC, Tax Lot 100).
A. Staff Report: Read by Altman
B. Applicant's Presentation: Not present
Sakata made a motion to table the item.
Tepedino seconded,
Popp stated as there was p gentleman present to present public testimony
the motion should be for denial
The motion for tabling and the second was withdrawn.
Wood made a motion for denial with Quimby seconding
Popp stated that historically the items are denied if someone shows up to give
public testimony
Tepedino expressed a desire to hear the item.
The motion,for denial was withdrawn as well as the second.
Wood stated it was an undue burden on the public to show up and.not be allowed to
testi-fy
Popp asked not to proceed with the Public hearing as the applicant failed to
appear.
Brian agreed since it was standard policy to deny they would be consistent.
Wood mpved for denial and Tepedino seconded ; the vote for denial was unanimous. .
5.1 Request to realign SW Katherine Street by the Tigard School District
A. Staff Report (in the form of a memo) Read by Altman
B. Applicant's Presentation:
Bob Greenwood, Administrative Assistant to Deb Fennell
stated that in 1969 when the District purchased it, part of the agreement
was the dedication of the road to 121st; 'she property was not sold for a
development and the problem due to the nature of the land was the road
should be realigned anyway - soil engineering and peat makeup tests
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MINUTES
TIGARD PLANNING COMMISSION
May 2, 1978
Page' 8
made on the site had indicated the road would be more
easily and cheaply put in in this new alignment proposed;
thereby allowing more money to be put into the actual building
than the street. Visibility tests also done had shown this
exit point onto 121st has 1000' of visibility in either
direction which no other point offers.
Bill Risner, 12345 S.W. Katherine St. ,
owner of the property next to the entrance ofthe school was
concerned with the traffic pattern to be created on Katherine
Street but was not specifically opposed to the new alignment.
He stated the curves at the end of the street were better for
traffic and the safety of the school; he wanted to know the
width of the entrance street to the school. r
Altman stated the street was to the width required by the TMC,
Risner stated the Design Review Report ,stated the street
to be 25' with one side sidewalks.
F
Mr. Greenwood asked how the school district could carry out
Condition #3 to remove the garage structure which was not on
their property? Was this a condition which could be imposed
on the developer:
Staff answered the school district would have to make
arrangements with the property owners.
Herb Booke, 1709 Blankenship Road, West Linn, for Century 21,
stated they would remove the garage if it was a condition
, placed and further stated it would have to be removed anyway.
Tepedino asked for a definition of other access routes to the
school. After being shown by Mr. Altman, Mr. Tepedino, stated
the 25' proposed entrance road to the school from Katherine '
would require much fill which could be in violation of the
Tigard Municipal Code's statement on flood plain fill; he
felt this current request for a realignment of Katherine St.
was an attempt to mask the actual effects of the street construe,
tion through the flood plain; the property is a marsh and
a hydrographic analysis was necessary to preserve the health,
safety, and welfare of the kids at the school,
F,
Wood stated the new alignment crosses the flood plain at the.
same point as the old alignment,
Tepedino said the old one was predicated on private agreements
and the violation of the flood plain must not be allowed
either with the new or old alignment
Wood asked if the old alignment had, been approved?
Altman stated it was a dedicated right-of-way and an application
MINUTES
TIGARD PLANNING COMMISSION
May 2, 1978
Page 9
to the Planning Commission for a Flood Plain Fill Permit would
be needed.
Wood stated he agreed with Tepedino; they should give
direction to the school and the proposed new route was a
good one; they needed to determine whether to fill the flood
plain or not.
Tepedino stated the issue of flood plain fill should be dealt
with first.
Wood stated as they needed a flood plain fill permit from the
P.C. they might as well okay one of the routes now.
Tepedino stated the need for hydrological studies first.
Popp- stated the right-of-way exists for the current desig-
nation either the new or old alignment, and if fill would
be needed they would definitely need a permit, but would they
need a permit if they were merely crossing the flood plain?
He continued to say it would be a separate item to be heard.
He also asked if 251 would be adequate access to the school
property.
Brian inquired as to the exact steps needed if they were to
approve this request and would they be able to review the
access? Also what constituted fill?
Altman read from the T.M.C. book defining flood plain fill.
Quimby asked for the right to appeal the Design Review decision
concerning the 25' access road.
Greenwood asked where the limits of the flood plain are?
Wood felt they should agree or disagree with the current
proposal for a new alignment of Katherine Street.
Tepedino disagreed with staff stating it was relevant and
essential and critical now where the road goes and an engineering
design was ne6essary.
Wood made a motion for approval based on staff recommendations
#1 and #2 with an additional item for the approval based only
on Planning Commission findings that the proposed route is
superior to the existing route and that the P.C. has not
addressed the issue of whether the old or the new route will
be appropriate in its' crossing of and possible fill of the
flood plain and the approval of realignment does not involve
any consideration of the entrance to the site.
Brian seconded the motion.
MINUTES
TIGARD PLANNING COMMISSION
May 2, 1978
Page 10
Quimby asked if the School District and Century 21 could
get together to share the engineering costs and agreed
with Tepedino.
Brian agreed with Flood that the burden of the application
and applicant to prove the flood plain.
The motion passed 5-3. Sakata, Quimby and Tepedino voting
no. Corliss, Wood, Rossman, Popp and Brian voting yes.
6.2 A request for a Similar Use Interpretation
A request by Chuck Cota for a Similar Use Interpretation for a
truck service, rental business in a Santry Tire Location on SW
Pacific Highway.
Commissioners agreed it was a similar use to the current use
but would still have to be heard before the P.C. as a Conditional Use.
COMMENTS ON MONTHLY REPORT FROM THE PLANNING DEPARTMENT
Quimby stated 'Larry Hinton was using his Wedding Consultant
business as a florist, having hired a full. time floral arranger
which was not an allowable use for his Conditional Use Permit
Application and approval by the Planning Commission. She asked
that action be taken by the Planning Department.
Commissioners requested a report by staff at the next meeting on the
status of the Sierra subdivision application.
Corliss announced the approval at the Design Review Board of the
84,000 sq. foot warehouse on Hunziker.
Meeting was adjourned at 11:00 PM,