Loading...
CU12-76 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. ' ',.,.''''.'A,.•'..,:',. y . t,,' '' .. . , • . .•.. L.:,-..ii .....:_.......'''',,' .'-....L.:1,::::',' 400 FUN CITY, INCORPORATED . .• Conditional Use (CU 12-76) , .: •• Tigard Plaza (Paul, Alexander) . - - ' ---------7-----,‘: -----.,-- -.-_---_•,---,.-- .. ..,•-.--...... ._.. . ...9,v,....--- ...'.' ' .. , . . .,.....1:( ■ . ' . ., . • ..1:•.`'l , ,. . . .... . , 14. . . , ., 1 . . ' 4 " , ' * ; , \% \ i ' .. ■ . . . , .• 4: May 110 1.976 Alexander Paul 1.440 SW Hall Blvd, Portland, Oregon 97201 Re; rile No, CU 12,46 (run City, Inc ) Tigard Shopping Plaza Dear Nr, Pants The Tigavd City Connally, at their regular meeting May 100 19760 considered f your appeal for approval o a conditional use to operate a recreation center at the above address. Please be advised your appeal was denied by the Council based on concern for public safety relating to the parking lot and 00,arrounding neighborhood, £f you wish additional information regarding this mettez, please fool free to contact me, Sincerely!, Doris Hartig City Recorder S . ,) 1 , • ) 1 , 1 4 • 1 N. t! CL., ( r 16 a 7, HUMAN $EBVIQE$ CONSORTIUM w Presenta ;i.on by Danny Carlile (a) fanny Car .ia!e, from T^°i.County Community Council, presented a grant summary for a project to organize a Human Services Consortium in Washington County and reques ted a letter of support be sent by Council to Washington County Board of Commissioners. . , (b) Council, considered request later in meeting under other business. (o) Motion to deny requests Councilman Moore, seconded by Councilian Cos. 4 Approved by unanimous vote of Council. 8. VOTPRP IN 'Q ►TION PAMPHLET (a) Coun0, tan COOK, reported distribution of than pamphlet would start 19th, and anyone interested in helping should be at ,y Wednesday* May y p g St. Anthony's parkth lot at 7815 P.M. to receive instructions. 9• 'ulnae HEARINGS ' co encing at 8800 P.M. (4) ltgZQWI 1G OP LANDS WITHIN NP0 #3 BOUNDARIES 4: Request for approval of rezoning lands within the boundaries of ,,,:•..., 'I NPD 03 Plan for Derry Dell root of Bull Mountain Area" to conform with the adopted Comprehensive Plan, as amended. (') Public Hearing Opened (2) Planning Director synopsized staff findings and action of Planning Commission. , ( ►) Public Testimonys Richard G0 Wright, 11015 SW Patk, Tigard (4) Planning Director recommended Council approval. (5) Discussion followed by Council and staff. ') (8) Motion to approves Councilman Cook, seconded by Councilman Wakem Approved by unanimous vote of Council present. • (t) A'P1AI4 A? PLANNING CO M/SSiON ACTION . Appeal o Planning Commission den aL r of application for a conditional use permit request by Fun City, Inc. to operate family recreation center in C-5 zone, (General Commercial) 4n the vicinity of SW Pacific Highway and SW Center Street (Tigard Plaza) Washington County 'fax Map 1S1 3SDD, Tax Lot 3301. (1) Public Hearing Opened (2) Planning Director synopsized back�,round of application and . . . . stated the Planning Commission had denied the request based on problems associated with vandalism at other similar facilities, PAQE 2 0, CPUMOIL MXNUT S 0, MAY 10, 1976 f. \ 1 • I .i •1 ' p M 4 (3) POW.p Tes ti,mony 9 Proponents - Mr, Alex Paul, Applicant a' d Mr. Charles Rabinowitz, Attorney 1420 SW Hall, Portland , R Opponents a Mr. Vandenburgh, Vandenburgh's Shoe Store 4, John & Eva Moak, Tigard Travel Agency . Jerry & Gloria l',(olling, Tigard Travel Agency ,'; Dorothy Vinson, Mode-O.Day • Barbara McItiver, Discount Fabrics Mrs. Girod, SW 92n6 Avenue Anna Brazil, 11475 SW Hall Blvd. ,` James Aitken, 11895 SW Greenburg Road y Gertrude Pastor, 11505 SW Hail Blvd, , t Orren Peterson, 11635 SW Hall Blvd. C, Melius, 11635 SW Hall Blvd. Mary Peterson, 11635 SW Hall Blvd. ' Harriet Peterson, 11635 SW Hall Blvd. , • Truman Peterson, 11635 SW Hall Blvd. ' Anna Peterson, 11635 SW Hall Blvd, Reuben Sprecher, 11635 SW Hall Blvd, Claude Allen, 11635 SW Hall Blvd, Nancy Steele, SW Hall Blvd. ',;. 1�'len Keyes Mrs. Z. Smith Don Brew%r - SW Walnut Street ' Richard Wright, 11015 SW Park (4) Planning Director recommended Council denial of appeal but stated there was a real need. for that type of facility In the cont�1'lunity. He further pointed for pub1io • ed out there was concern safety and requested Chief Adams report to Council on his findingst . Chief Adams summarized his memo to the Planning Director" recommending four specific conditions be identified in permit if Council were to approve the conditional use permit. y (5) Discussion followed by Council and applicant. q ? (6) Motion to deny appeal; Councilman Wakem, seconded by Councilman Moore, Councilman Nickelson sustained from voting as he was not present to ''. hear 4he testimony 0 . !`, Motion peeled by unanimous vote of Council voting (c) ZONING ORDINANCE AMENDMENT A proposed amndment of the Tg �dM �� a �od� �sen� ng C . r 18, ,•l; Zoning, Section 18,20 Single Tigard Municipal to include a new ,,) zone classification for 3 dwelling units per acre (Re10). (1) Public Hearing Opened f. (Z) $t ,tement of Facts by Planning Director. PAOZ 3 00 COON= Mx,N1 TAS No MAY 10, 1976 , _ - ,�..wr,.,.. -,•wrsr.�.�.,�:.rq:xss:�a .w'zi,J"rr';�+F*+� -�. ,.. ...rr.�na.. .�� �. w ;'r, r , Fl y "" P AFFIDAVIT O1 PUBLICATION CITY OF TIGARD OREGON,STATE OF NOTICE OF PUBLIC HEADINGS ' ' ss. Notice is hereby given that a public COUNTY OF WASHINGTON, hearing will be held by the City Couoll ., ,.x at Fowler Jr" High School Lecture . Room, 10865 S.W. Walnut Street, Ti- , I, »................r»..r....».«.........4....«.. ;o s e ll...S eh.a f er ...,.......... garde Oregon;on Ma 10, 1978, begin. .. g rting at 8:00 P.M. with respect to the following. , being first duly sworn, depose and say that I an the publisher , h;NI d--'o NA, AlV1ENO. ..,................... of The Tigard Times, a newspaper of general circulation, as defined, A proposed amendment of the Tigard , Municipal Code,amending Chapter 18, by ORS 193,010 and 193,020, published at Tigard, in the aforesaid county and, Zoning,,pectiori 18.29 Single Family Reside t al zones, to.irxplrade a new' •,.. per (R-10). dwellfn units , •,y i; state; that the legal notice, a printed copy of which is hereto annexed, was' p � � zone c essific�atiroti for�� • 2 () A,proposed amendment of theTigard, • published in the entiC to of said newspaper for ................ successive and XVittliii:pal Code,amending Chapter 18, * •' ,,Zonirng, Section 18,12,100 — yard Re- consecutive weeks in the following issue ......,.. ,..,. .. ...»»»....,.., q�►ire►�ezYt Setbacks-- amending addl. g and May 6, �. 6 tional eexterlineetiaaplz to 35�,�eet for ....,xr.r..»......«.,_r.r.....aw..w...._...»»Ap�r.� _. .�. ... «... .. . ......r......... ....... all of S.W.Walnut Street, • REZONING Cr LANDS WITHIN`NPO • ..»,...... » .. ,,_ No, 3 BOUNDARIES Sign u►r. Request for apprr al of rezonin �o,1J an' lands within the boundaries of NP` `' No,3 Plan for Der Dell-Foot of Bull • .., d ynUUOYS [ ..- day of Mountain Area" to with the S.0 5'dribed"s i ,s brn to before me this .....�.......«..... .. amended, r .�: ado ted Com rehen sive Plan • `' a CONDITIONAL USE PERMIT , r.kx..s_.i,.a .ow..f . .r.4i.. .»r.ra r».v.r . •A y . J e^ Y Request by Fun City,Inc.to operate 4 A ,* /, , family rec eation center in C4 o e, 3zn " �.� .. ", .... ....�.. �Jr.t.. c. `:,«« «. `� �' '� ..... ... (General , mmercial)in the vicinity of W,` ''n ,.bc,,� ,,,,•: - 'Notary 1'ul Uc Of Oregon S.W.,Pacific Hwy. and 'S,W. Center • Strut (Tigard Plaza) (Washington i �,A��3 :. wf ti' ' , County tax map 181'38 D, Tax Lot r (.:,...... 19._....., ill). Application denied by PIaanin, �.��� �' 33 iea ,'., My e0nrtrr�ission expires ......... .... .....� ..�:k.. d Commibsian,; All interested persofs may appear and be heard in favor of or against the ' said proposal, " BY ORDER OI:TIIE CITY COUNCIL, DORIS 1-IARTIG '" '• C1""Y RECORDER 7. ( •r X713 — Publish April 29, May 6, I` 4. , e ' ..,.... ,:.0 ..,: ,., ,:,., .. v r*,- , r..-..«.-,,..a-a'r+•:-.-,.,•«+w.; '.� ..s<-fi.+--:•.--:...:.,aa...-.c��.,�s.-...,r,.;thy . ' ,• .4. , . , . . .', .0 . ',.•, ' 4 ; * CITY OF TIGARD . NOTICE OF PUBLIC HEARINGS ., Notice is hereby given that a public hearing will be held by the 4, City Council at Fowler Jr. High School Lecture Room, 10865 S.W. .,.: Walnut Street, Tigard, Oregon, on May 10, 1976, beginning at 8:00 P.M. with respect to the following: ZONING ORDINANCE AMENDMENTS . . A proposed amendment of the Tigard Municipal Code. amending Chapter j „ • 18, Zoning, Section 18.20 Single Family Residential zones, to include 1 , a new zone classification for 3 dwelling naits per acre (R-10). ',. A proposed amendment of the Tigard Municipal Code, amending Chapter .- 18, Zoning, Section 18.12.100 - Yard Rcquirement. Setbacks - amending additional centerline setback to 35 feet for all of C W. Walnut Street. ..• . '''. REZONLNG OF LANDS WITHIN NPO #3 BOUNDARIES . . . , 4 Request for approval of rezoning lands within the boundaries of "NPO #2 Plan for Derry Dell-Foot of Bull Mountain Area” to conform with the adopted Comprehensive Plan, as amended. .i . . . CONDITIONAL USE PERMIT I,, Requests bY P:1-11:1. city, Inc. to operate familyIncreation center in C-3 zone, (General Commercial) in the vicinity of S.W. Pacific Hwy. . ' and S.W. Center Street (Tigard Plaza) (Washington County tax map 181 35DD, Tx Lot 3301) . Application denied by Planning Commission. , - All interested persons may appear and he hoard in favor of or against the said proposal. ..... 'i , BY 9RDER OF THE CITY COUNCIL DORIS IIARTIG CITY RP,CORDER ..... . , , . . )j ..... I) ) 1r Publish 4/29, 5/6, 1976 , . ', • all '. .i. •, 4.,. .. g *4 • ' ..'''' : ' ' " it 4 ' '' • . * ". • . '1 ' . ,, '. "Idi: ' •• • • Fun City Inc. Doris Hartig 4/21/76 City Recorder Lt.'70,A 34511 City of Tigard, Oregon • h Dear Mrs. Hartig, Pleose consider this letter formal notice that Fun City Inc. an Oregon Corporation, wants to appeal the decision of the • Tigard Planning Commission. This decision was reached on pil 20th, 1976 and concerned a request for a conditional use permit to operate a family recreation center in the Tigard Plaza in Tigard, Oregon. 1 discussed this denial with Dick Bolen and he said to appeal in writing. He dtated that it was not necessary to supply our cane number to you since you hal it in your file. Please let me know if this letter is In the form required and if it does supply all the information needed to get an appeal to the City Council underway. *I7vicerely, if(LAAi V 'rid er Paul • ; ) • „ , • . , . .. ;, ' . ' . ... 4 . MEMORANDUM ". , May 5, 1976 , TO: Dick Bolen I Planning Department 4 FROM: Chief of Police ., , ' SUBJECT: Conditional Use Permit . RE: Fun City Application Appeal , '.... In consideration of the above application, I do not have strong feelings in opposition to this conditional use proposal . from a public safety point of view. However, specific commercial 4 . businesses generate unique public safety problems relative to the type of operation proposed. With respect to th'..? Fun City family recreation pro- posal, or any such similar activity, this will generate a high , activity and concentration of the youth in the community. a Operational control within the confines of this facility should not be a difficult management function, The major problems arising from I 4 this activity will occur outside the recreation complex in tha . periphery parking and street areas. The problems associated with similar such activities consist of alcohol and drug use, vandalism, theft, disorderly conduct (fighting), and improper vehicle operation (excessive noise), all of which can be disruptive to the residential segment on the outer perimeter of the Plaza complex. . The major issue to be decl kld, however, is this a proper t use for this 0.3 zone (general commercLal)i and if the conditional . use is approved, specific conditions should be identified in the • permit. Recommended Conditions: *k. 1. Private security patrol to be provided by the applicant in the periphery area of the recreation facility. .. , 2. Additional parking lot area lighting. t y 3. Strict compliance wLth all state law and city tnances, and a understanding of total cooperation with ocal mforcement, to include the signing of complaints and plosecution (offenders. 4. Int.:mai operational rules relative to hours juveniles ,. will be allowed to participate in recreational activities within the complex who ate not accompanied by a parent or guardian, consistent with City OrdinanT,e 7.44,010 (see attached Or6inance), .'. , ) , I A . .. .1 ' :6 , , 1 6 , Planning Department .' ' May 5, 1976 Page 2 . ,, ..,..,. . . . In the absence of any of the foregoing conditions,, 1 could not recommend approval of this conditional use permit. ... . . . .;.. , Respectfully, R.B. Adams ‘: Chief of Police :..- RBA:ac r, cc: City Administrator ., ...,, ' ) • , .I l , • 1. . , , . . . , ,.•11 A kit, • t , ■ . ■ 4 : ■ o ..,... , . .? ... % i .. . ..,. , .' . , •µ. f'w l, ` • b ; 7 .44 .010 V. p given environment, being usually a composit of sounds from ' I many sources , near and fare The term "noise-sensitive property" means real property on which people normally sleep, and also includes schools, churches and public libraries . (g) Violation of this section is a class C misdemeanor. (Ord. 75-49 63, 1975) . Chanter 7.44 • l CURFEW* Sections: Y 7. 44.010 Generally. 7. 44.020 Responsibility of parent or guardian. • :41 .. 7. 44.030 Violation--By child. •` 7. 44. 040 Violation--By parent or guardian. ' 7.44.010 Generally. It is unlawful for any child under ; E the age of eighteen years to be in or remain in, or upon v any 1 street, alley, park or other public place between the hours lc. ' specified herein, unless such child is accompanied by a parent, • guardian or other proper companion of the age of twenty-one years, or more, specially chosen by the parent, or guardian to escort the child on the occasion in question, or, by a '' person over twenty-one years of age having the care and custody of such child or, unless such child is then engaged A+. in an entertainment, or night school, or going toK or from« -:;A. an employment or night school which makes it necessary to be " in, or upon, such street, alley, park, or other public place, during the nighttime between such specified hours . For the 7. • purpose of this section the applicable hours shall be As to children under fourteen years who have not begun high school , between nine-fifteen p.m. and six a.m. of the follcwing morning, except that during the months of June, July and '. August, the hours shall be between ten-fifteen p.m. and six a.m, of the following. morning; as to children fourteen years W ., of age or over or who have begun high school, the hours shall , 4 * For statutory provisions prohibiting minors from being in or upon public places between certain hours, see ORS , ,'1 , 419. 710 . For other provisions regardinc minors, see r Chapter 7. 36 of this code. 87-1 (Tigard 1/15/76) ..,'„ . • . , . . . i , ,. . / .... . . , , .44 .020--7 .44 .040 ". ' . , . ! , . i ‘, be between ten-tif:Leen p.m. Su-day, Monday, Tuesday, Wednesday I ........_ or Thursday, and six a.m. of the following morning and between ., ; twelvg......JaLdnight on Ilraday or c'aturday, or any day prior-to • - a—regal holida when no school is sc heduled for said legal holiday, an six a.m. of the following morning, except that during the months of June, July and :August the hours shall be -, , , . ,• between twelmmiallia'E-Ind-grk a.m. of the followiAg morning. • I. Any child under the age of eighteen years employed in soiling, delivering or wrapping newspapers shall obtain from the news- , ,• paper employer and the employer shall issue to child employed ,, „ . „ a card showing such employment. A child failing to carry, i. .y. and produce, such card shall not be deemed to be within the - , protection of the preceding provision. (Ord. 63-14 §1, 1963) . ; . 7. 44. 0.10__Esponsibility of parent or guardian. It Ls w ., , unlawful for any parent or guardian, or the person having the . care or custody of any child under the age of eighteen years , *.. to permit, or by inefficient control to allow such child to . be in or remain in or upon any street, alley, pa: k or other 'ik. • . , public place between the hours herein set forth in Section , , - . 7. 44 .010 contrary tb the provisions of this chater. Proof that such child was on any street, alley, park or pther pub- . lic place at a time prohibited shall, prima facie, be suffi- cient evidence to sustain a conviction of a violation of this J , section. (Ord. 63-14 §2, 1963) . 7. 44.030 Violation—By child. All peace officers , juvenneThepartment counselors, or any other person authorized . . . by the juvenile court of the county in which the child resides or is found, may take into temporary custody any child vio- lating any of the provisions of this chapter and, for the first . • violation shall immediately, or as soon as practicable there- . after, notify the child's parent, guardian or other person in control or charge of such child, of the violation, and . -% shall take or send such child home and release the child to the custody of the parent or other responsible person in this ."..- stato , except when a juvenile court shall otherwise order. In case any child under the age of eighteen years shall again - . violate any of the provisions of this chapter, such child may be apprehended and taken into temporary custody as a juvenile delinquent and offender, and may be brought before the juvenile ' . court, either of the county in which such child resides , or . . the county in which the child is found. (Ord. 63-14 §3 , 1963) 7.4 _.—..„.. .1*.-......k............ .. x■....a, .,.4.—.......1 ' 4 .040 Violation—By parent or guardian. Violation of Section 7. 44. 020 shall be deemed a misdemeanor, and shall be punishable upon conviction by imprisonment in the county jail for not more than one year or by a fine of not more than . five hundred dollars, or both, as prescribed in ORS section , • , 161.080. (Ord. 63-14 g4, 1963) . . . 88 , . • ' , . • , .. A . ''''''' . , ....., ,1 , .,.. '' , . , t ' ° **6 'I .''. ' S, “,, t, . . 6 6 , :t4? .. , ,,.. , • . 6. , 6 . .., • • 0 • ,,,, • 6`i ''• • " • t' ' It rt-fl•r:':. , ,•. ; '■ , ' . . '. k t•'' l • l.: J , •' ',•i "'I •4 rt.d. • .,••• • ' . . .'''' .f?t.. ■ . :'1 . 4 6 k.,•., I . I ''''■*.' . t 'I• • ..,l• 41 Ii 6 . . , April 28, 1976 . 1'x Alexander Paul . : 1440 S. W. Hall Blvd. ..- , .•. . . Portlaal., Oregon 97201 /. .s ,.. Reference: Filo No. CU 12-76 (Fun City, Inc. ) ,. . . '.... , . Dear Mr, Paul: please be advised that the Tigard Planning Commission, at their , .'"... regular meeting of kora 20, 1976, considered your request for approval of a conditional use to operate a family recreation center , . in a C-3 zone in the vicinity of SW Pacific Hwy. and SW Center St. .. '.,;. ., (Tigard Plaza) , Your request was denied by the Commission based on . . problems associated with vandalism at other similar faoilitles• .. . Your appeal of the Planning Commission's action has been received .,. by the City Recorder and a public hearing will be held on May 100 1976, at 6:00 p.m. Meeting place is Fawier Junior High School, lecture room, 10865 S. W. Walnut St. , Tigard, Oregon. -.... . . . .. . You should be in attendance at the May 10th hearing in order to pre- sent your case and answer any questions which may arise. , . .. : ... ... If we can be of additional assistance or you require further information, please do not hesitate to call this office at 639-4771. , . . ,, Sincerely* , , . Dick Bolen Planning Director ., .. . ... . .:,,. .. ,.. , D13 tpt _ . . :./. cot Building Official o . .. ,. . , . . .. . . , . . . ■ 1,, . • .. ., 1 . ,. e o • .. o-oo , ..o. o , oo o . ,o, . 000 , . . ,, . , , . o o . . . ._..,. .•,.; . .. , -... , ..:.!,.... . . .,.,,. ., RE-707:4EIVD ., . ....._ ,:., . APR 3u 1976 ..., CITY (IF TIGARD ,.., . .,. ;;....'.. April 27, 1976 .. .., , . .., Alexander Paul ,. .,... . , 1440 S.W. Hall Portland, Oregon 97201 7 - .., :.' Dear Mr. Pauli ,. Please be advised the Tigard City Council will hold a public hearing _ . on May 10, 1976, at 8:00 P.M. regarding your bppeal of the Planning . • ,'i ,. Commission's action regarding a conditional use permit to operate a ,.. . ' f, laity recreation center in a C-3 zone (general commercial) in the j vicinity of S.W. Pacific Highway and S.W. Center Street (Tigard Plaza) ,,,...,,..;., The public hearing will be held at 10865 S.W. Walnut Street, Tigard, ...,.. ...,-. . Oregon. Sincerely, ... .. :'-. ;,. . .... A Doris Hartig , City Recorder • 1. NOTE: ?lease sign and return the enclosed copy of this letter aa . : -: certification of receipt. Thank you. 1.• ' 1■ , signature . //7,,1 ..: , . , . , . date ,!. .. . , . . . ,. :".. ...,. . „.,. . , . . , . , . ..,-,_ .. , ................ _ 4 rro 1„. r q, , 4,4, . , ■ 77-i, . 7'' -iiiiiiiiiiiiiriiiiM - - ' ' ''. • "*.. .• ' ' ' ' '''' • • . ,., . ' . i -,' 1.„9. TAXPAYER 1,MOR1ATION DIS1 310N . . . , , a , (a) Cil discussed the dksitability of compiling an 27,1-formation sheet regarding , . tht-, tax base election. (b) M( ticr., to assign staff to compile irforraton ,5. et for review at the May . . , 3rd study session; CounciAman Cooks seconded by Cou-cilman Moore. . -.. 4ppIrt ved by unanimous vote of Council. . . 20. ACCEPTANCE OF SANITARY SEWER EASEMENT - Cornonwealtb . . ... (a) Cily Administrator recommended Council ,acept the Sanitary Sewer Easement, (b) M, -1,e')."„ to accept; Councilman WakEms seconded by Ccu.rci.,.man Moore. . . .'. ApprcvEJ by unanimous vote of Courcii. ... ,., 21. APPROV.A! OF ADDENDUM TO CASH BOND ESCROW AGREEMENT - Enghwood II Subdivision "- : ( ) CAty Administrator recommended appror. 1. , .. . , (b) Mction to approve and to authoriko Maycr 4nd City Recorder to sign agree- I . tu,r..rt,, Councilman Moore, seconded by Councilman Cook. ..; , Approved by unanimous vote of Council. . . . 22, ACC-PTANCE OF TWO PEDESTRIAN & BICYCIE PATHWAY LIMITED USE EASEMENTS - Englewood (a) City Administrator recommended 4proval- (b) Motion ; o accept; Councilman Moc-es seconded by Co.t1g.:: ilman Cook, , . Apptov-.d by unanimous vote of Council .4' 23. APPROM OF e,ANITARY SEWER CONTRACT ACREEMENT - Eldon R, Branch k' City Adrciristr- tor recommendE,d C ,1—: il approve agrec.,ment„ -. (h) Mctiun to approve; Councilman C,oks sec.o-i(d by C'u--,!ilman Moore. App, wed by unanimous vote of Cog r.,cil , .. 24, OTHERu ..' (0) B4O,R. APPLICATIONS STATUS REPOEI - II--., City Administrator reported the t advisory committee meetig w( .zli be held May 19th at which time ....--,......,—,.....„ lf.e exp(- Aed the City's appli,Gatio&s io be approvoi and forwarded to thr„ County Commissioners for their a,-.tion. (b) CO*. Adainistrator called Council's attevtion to 0,t- 9,ommunication from " ' A.1-, ader Paul , in reference to Fun City, Inc. , Ycquesting a public 1.1(,a-intg to appeal the decision of the Tigard P1ar ,ing Commission. . - 1 Motion to set public hearing or Alexaoict Paul 's appeal to commence at 8t'00 P.M., at Fowlev Jw.rior High Lull « 11.cm on May 10s 1976; Ct1Inci1man Wakem, seconded by Coun.ilTan Mov-c , PAGE 7 COUNCIL MINUTES . APRIL 26, 1976 . . , a kpproved by L, ,,,,aimous vote of Council. • 25. UNCIAS,S!FTED PERSONNEL DISCUSSION (a) City A1rinistrator requested Council determination regarding extension of two employee contracts to non-wlion employees. (b) Motion to allow non-union members the se extended benefits as the respective contract calls for Courcilman Cook, seconded by Councilman Moore. Motion passed by unanimous vote of Cour,-11. • 26. ADJOURNED2 111, 35 P.M. / / oe 6ty R,,,",order ATTESTo Mayor PM.1.11 8 01011NCII MINES APRIL 26, 19Th • 6 , • . . Fun City Inc. Doris Hartig 4/21/76 City Recorder [74.1a rif City of Tigard, Oregon P fa. 19/13 CITY OF Dear Mrs. Hartig, Please consider this letter formal notice that Fun City Inc. an Oregon Corporation, wants to appeal the decision of the Tigard Planning Commission. This decision Was reached on April 20th, 1976 and concerned a request for a conditional use permit to operate a family recreation center in the Tigard Plaza in Tigard, Oregon. I discussed this denial with Dick Bolen and he said to appeal • in writing. He gtated that it was not necessary to sunply our case number to you since you had it in your file. Plea.,,k., let me know if this letter is in the form required and if it does supply • all the information needed' to get an appeal to the City Council underway. Sil4erely, L.Ale ander Paul' A , 4 t■ 0 10 "t C U MiNUTES Tigard Planning Commission Yj, April 20, 1976 - '7:30 p.m. Twality Jr. High School - Lecture Room 14650 S. W. 97th Ave. , Tigard, Oregon 1. CALL TO ORDER 7:35 p.m. by Commissioner Popp in absence of Chairman Porter 2. ROLL CALL: Present: Goldbach, Krause, Moore, Nicoll, Phillips, - Popp, Sakata, Tepedino; staff: Bolen, Daniels Absent: Porter 3. APPROVAL OF MINUTES: Minutes of 4/6/76 appr_ ed as submitted 4. COMMUNICATIONS: none 5. PUBLIC HEARINGS • 5.1 ZONE MAP AMENDMENT ZC 2-76 (Kjelgaard) A request by Orland Kjelgaard for preliminary plan and program review c.f a proposed residential planned develop- ' ment in the v.'.cinity of 13778-13E340 SW Hall Blvd., (Wash. Co. tax map 2S1 2DD, tax lot 500) . (tabLed from 3/2/75 meeting) A. Staff Report: read by Bolen B. Applicant Presentation: Wyn• Stuckey, engineer for the woposed planned development, stated that due to lack of adequate detail for the collector mentioned in the staff report, it was not feasible at this time to proceed with the development. He stated that further • development specifications for the location and width of the collector must be developed before the applicant can proceed with the proposed development. Mr. Stuckey further commented that, until the specifications of the collector street were pre- pared, not only this parcel but other property owners in the area were not able to go ahead and plan the development of their parcels. C. Public Testimony o Mr. Howard Nottilin, adjacent property owner, stated his opposition to the development until the NPO Plan is further developed. . page 2 PC Minutes • 4/20/76 D. Staff Recommendation: • o Staff recommended tabling of the request until such time as the staff and applicant have been able to develop specific location and grade of the collector. There being no further testimony, Commissioner Popp closed the hearing. E. Commission Discussion and Action: o Sakata asked if he NPO recommendation remains the same as it was on April 6. , o Bolen responded "yestt and summarized the recommen- dation and showed the Commission maps that the NPO had considered for the location of' the collector. o Nicoll moved and Sakata seconded to table the request , until the design boecifications, location and grade of the proposed collector can be developed. o Motion was approved by unanimous voice vote. 5.2 PRELIMINARY REVIEW 7,C 4-75 (Bunn) A request by Kenneth Bunn for preliminary plan and program review of a proposed residential planned development in the vicinity of 109th and Canterbury Lane. (Wash. Co. tax map 281 100, tax lot (3800) . A. Staff Report: road by Bolen B. Applicantts Presentation: o Mr. The Van Lem, architect for the developer, sumarized the project and noted that this was the third request for concept approval on this particular parcel. o Nicoll noted the problems associated with parking spaces that back out onto the street. o Popp noted the inadequacy of the 26 ft. pavement width. o Krause pointed out that, although the request for the planned development was for 6 acres they would• only be developing 4.8 acres and that the proposed density could be excessive. • 4 • 4 4 . „„ Page 3 PC Minutes 4/20/76 o Nicoll stated that use of the open tree area should be limited to those within the development to provide adequate open space for those residents. o Sakata questioned whether the open area in this planned development had already been included as open space in another planned development. o Bolen stated that the previous owner had developed a planned development in this area, but the question as to whether this particular stand of trees was used in the negotiation of that development was difficult to answer due to problems in finding adequate county records. o Mr. Van Loin stated that this area had not been used for figuring open space for the other planned development. He also stated that there will be picnic tables and other facilities in the open area for use by the residents of the development. He stated that the future alignment of 109th could be handled according to the proposed design and this would be adequate to connect with the existing 109th's right-of-way south of Bull Mountain between SW 98th and SW Pacific Highway. C. Public Testimony: none D. Staff Recommendation: o Staff recommended the submitted preliminary plan be approved in concept with the following conditions: 1. The next subm:Ission include program for improve- ments in the open. area. 2. That further staff research be done on whether the A, woeded area portion of this parcel had been used figuring the open roace and density requirements of any other planned development. E. Rebuttal: o Dale Conn, neighbor on the eastern portion of the proposed development, stated his opposition to the planned development based on the following reasons: 1. adequacy of sewer facilities 2. public safety associated with moving fire equip- . mont end other safety equipment on narrow streets and dangers of parking that would require backing out onto a street 3. composition of material of the buildings 0 \\ page 4 PC Minutes 4/20/76 F. Commission Discussion and Action o There being no further testimony, the public hearing was closed. o Nicoli stated that since the new sewer plant was coming in line soon, the sewer facility was no real problem. • Goldbach stated that, due to the other high density development in the area, the existing sewer lines may be to capacity and this should be investigated, • o Moore stated that access within the development to the open areas and the trees should be easy and that the 3 story buildings may be too high and would interfere with the view. o Sakata questioned whether the alignment on 109th was adequate to meet the needs of the area. • Bolen stated that if the alignment were constructed according to the preliminary plan, there would be no problems. o Krause stated his opposition to the proposal because he felt that the planned development ordinance should not be interpreted so as to allow excessive concen- tration in one area in order to maintain open space. Sakata stated her opposition to the development be- cause 3 story apartment buildings were not an adequate transition between other apartment uses and single family dwellings envisioned in the Comprehensive Plan to the area buuth of Bull Mountain. o Nicoli moved and Phillips seconded that the planned development be approved in concept. o There being a split voice vote, roll call vote was Laken which resulted In a tie with Goldbach, Moore, Sakata, Krause voting "nay", o Nicoli stated that since the developer was being denied approval, the Planning Commtssion should state the reasons why they found the proposal un- acceptable. o Moore stated the density was too high. -4 o Sakata stated that, in addition to the density problems, the height of Ithe structures was excessive. r4 ° : 1,4 * , ? t. , 11 1 ,i, 4, , 4 , ■ • 0 . . Page 5 ,, , PC Minutes ...„/ . 4/20/76 4 , e Krause stated that the open space should be usable . - and integrated into the development and also the \ density was too high. le \ \• . , \ o Sakata moved and Moore seconded that the proposal • be tabled. o Motion carried with ,h Phillips dissenting. 5.3 PRELIMINARY REVIEW ZC 3-76 (Belanich) A request by Roger Belanich for a preliminary plan and .., program review of a proposed commercial planned develop- . ment in the vicinity of 121st, 122nd and Scholls Ferry • Rd. (Wash. Co. tax map 1S1 34B, tax lot 500) . . A. Staff Report: read by Bolen . • . B. Applicants Presentation: ' o Roger Belanich, the applicant, summarized the pro- , ject and stated that he intended to retain owaer- ' . ,.. • . ship of the commercial t ercial development and tha con- , struction would commence thts year and hopefully open .. ,next year. . • . ' C. Public Testimony: 1 . ' o Ernie Platt, Commonwealth Properties, developers . . of the adjacent residential area, stated that he had been in contact with the highway dept, and that the c right-of-way needed for Soholis Ferry Bd. was un- decided, but it will vary from 10 ft. to 20 ft. o Belanich stated he would deed 5 ft. He also intends . • to vacate 122nd and will work with staff to work out details on those two arrangements. , ., o Ms. Roddy stated she felt there was no need for . another shopping area in the immediate vicinity. . . D. Staff Recommendation: o Staff recommended that the preliminary plan and pro- gram be approved in concept and the opplicant be invited to make application for a planned develop mert zone change. ., There being no further public testimony, the public hearing was closed. , 40 ■ f• page 6 PC Minutes 4/20/76 • E. Commission Discussion and Action: • Phillips questioned the long range plan for 121st Ave. o Bolen stated that the plan designates this as a collector street with 60 ft. right-of-way and 44 ft. pavement width. o Moore stated support for the proposal in that it provided close-in, walking shopping for those of immediate neighborhood. • 1 . o Nicoli stated that this was a growth area which • needs adequate shopping. o Nicoli moved and Sakata seconded that the request be approved, based on staff comments. o Motion approved by unanimous voice vote. 514 ZONING ORDINANCE AMENDMENT ZOA 4-76 A proposed amendment of the TMC, amending Chapter 18, Section 18.12.100 - yard requirement setbacks - to inake the additional centerline setback of 40 ft, required for all of SW Walnut St. within the City the same as that required by Washing ban County. A. Staff Report: read by Bolen. B. Public Testlmony: none C. Staff Recommendation H o Approval based on the need for the City to conform its setback standards along City'roads with what the county is now requiring. D. Commission Discussion and. Action o Krat5e moved and Goldbach seconded to approve MA \4./. o Motion passed by undnlmous voice vote. . 5,5 CONDITIONAL USE PERMIT CU 12-76 (Fun City, Inc. ) A request by Fun City, Inc. to operate a family recreation center in a C-3 gone (general commercial) in the vicinity . of SW Pacific Hwy. and SW Center St. (Tiord Plaza) , (Wash. Co. tax map 181 35DD, tax lot 3J01) . 11111•11•1•1 I. • . page 7 A. Stafi Report: read by Bolen PC Minutes * 4/20/76 B. Applicant's Presentation: o Mr. Alex Paul, representative of Pinball Wizard, summarized his proposal and stated the need for a facility of this tripe on the west side. The only other facility in 1s area is one in Beaverton. Specific design of the building in question is adequate in that it was initially built to house a bowling alley and is therefore adequately sound- proof and would be compatible with adjacent shops in the shopping center, C. Public Testimony: o Duane Hesketh, owner of a hobby shop adjacent the facility in Beaverton, stated his concern about the vandalism assooiated, not with the actual recreational facility, but occurring in the parking lot outside. o Mr. Marshall Stevens, representative of the Gilley Co. , managers of the shopping center, stated they intend to have a private security patrol, which should minimize this problem. o Ms. Pastor, adjacent property owner, stated she had already been robbed twice and was further concerned about the vandalism in the area. D. Staff Recommendation: Approval. • E. Rebuttal: o Ms. Ann Zeigler, adjacent property owner, reiterated the occurrence of vandalism in the area. There being no further public testimony, the public hearing was closed. • . P. Commission Discussion and Action: o Phillips inquired whether this was part of a chain or just a local oporation. o Paul responded that it was purely a local operation and they would have a local manager. 't31 o Moore inquired as to the operating hours. VAN o Paul responded 'that they would be open at 9:00 a.m. Afri or 10:00 a.m. and run until about 11:00 p.m. on q4 Monday through Thursday, but they would open about 9:00-11:00 on Friday and Saturday and run to about • 1:00 or 2:00 in the morning, 4 ' page 8 PC Minutes 4/20/76 Sakata stated her concerns about the hours of operation. o Moore discussed his conversations with the police chief in Beaverton and the problems he is exper- iencing with the facility there. Those problems occur not inside the recreation facility, but in- stead occur in the parking lot outside the building where there have been instances of vandalism and drinking by minors. Moore reported there had been 27 arrests at the Beaverton facility in the last month, many of them involving drugs, alcohol and one occurrence of illegal firearm possession. Goldbach stated that increased lighting might help. o Stevens responded that they would have adequate • lighting around the facility and in the parking lot. o Phillips inquired as to the minimum age of persons operating pinball machines. o Paul stated that, to his knowledge, there was no minimum age requirement. o Moore moved and Nicoll. seconded that the conditional use permit be denied based on problems associated with vandalism at other similar facilties. o Motion approved by unanimous voice vote. 5.6 CONDITIONAL USE PERMIT CU 7-76 (Fox) A request by Leon Vox to operate an Arts and Crafts Gallery in a C-3 zone (general commercial) for a period of one (1) year at 12140 SW Hall Blvd. (Wash. Co. tax map 2S1 iBB, 14 tax lot 1100) . A A. Staff Report: read by Bolen. B. Applicantts Presentation: o Mr. Leon Vox stated that if the requirement to pave the parking lot could be withheld for one year, he would be bettor oble to assess the desirability of that location for continued use. C. Public Testimony: None D. Staff Recommendation: o Approval, based on past Commission action of matters of similar circumstance. page 9 PC Minutes 4/20/76 There being no further public testimony, the public hearing was closed. E. Commission Discussion and Action: o Krause moved and Moore seconded to accept the staff report and amend the original conditional use per- mit so as not to require paving of the parking lot until 2/77. o Motion approved by unanimous voice vote. 5.7 CONDITIONAL USE PERMIT CU5-76 (Kessinger) A request by Earl Kessingor 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 April 6, 1976, mooting) A. Staff Report: road by Bolen. B. Applicant's Presontation: none Co Public Testimony: none D. Commission Discussion and Action: o Moore moved and Goldbach second o approve the conditional use permit if adequate screen planting6 were placed on the site and that the landsoaping • be subject to design review. o Motion approved by unanimous voice vote. 6. SUVDIVTSTONS 6.1 Summerfield Plias° IV S 2-76 Resubmission of a request for prelialuary plat approval of Phase IV of Summerfield and a variance of thr, subdivision code provisions prohibiting offset street intersections of less than 100 ft. Krause noted his post loyolveaJnt with this application and stepped down while this matter was being consIdeved by the Planning Commission. ), A. Staff Report: road by Bolen. B. Applicant's Presentation ' IMMORIMIMMIMMOWIMMMW AM page 10 PC Minutes 4/20/76 • Mr. McMonagle summarized his project and stated his agreement with all of the staff conditions except #14, which dealt with straightening a portion of the main road through the development. C. Public Testimony: o Mr. Larry Krause stated his support of the proposal. o Dick Brown, president of Summerfield Homeowners Assoc. , noted the involvement of the developer with the residents of the development right now. Mr. Brown stated that the residents of Summerfield fully support the proposal at this time. There being no further public testimony, the public hearing was closed. D. Staff Recommendation: Approval with conditions as stated in the staff report. E. Commission Discussion and Action: o Popp commended the developers on involving the resi- dents of the other portions of Summerfield and stated this made their job considerably easier. ' o Phillips recommended that screening be provided at the ends of the fairways. o Moore stated that screening those fairways would be an aesthetic disaster. o Moore moved and Sakata seconded that the subdivision preliminary plat of Summerfield IV be approved with staff recommended conditions, except condition #14. o Motion approved by unanimous voice vote. 6.2 S 4-76 (May air) A request for approval of a preliminary plat for Mayfair Subdivision located at the northeast corner of & 95th and Dakota Sts. (Wash. Co. tax map 181 54A, tax lot 1500) . 1111 ' A. Staff Report: read by Bolen. B. Applicant's Presentation: o Jim Harris, engineer representing the developers, sbated he had no opposition to the staff , ,,!commondations. page 11 PC Minutes • 4/20/76 C. Public Testimony: o Ms. Maryann Ryan questioned as to how lot 2 would be provided access. o Bolen pointed out through the flag lot design of this portion of the development, it would be provided through a long, narrow driveway. • o There being no further public testimony, the public hearing was closed. • D. Staff Recommendation: Approval, subject to conditions stated in the staff report. E. Commission Discussion and Action: • o Goldbach moved; Nicoli seconded to accept the staff recommendation and approve the preliminary plat of Mayfair Subdiviion. o Motion approved 1..),/- unanimous voice vote, 6.3 S 5-76 (Walmar Acres) A request for approval of 1 preliminary plat for Walmar Acres, located at 124th and Walnut (north side) . (Wash. Co. tax map 2S1 3iC, tax lot 5000) . A. Staff Report: road by Bolen. - B. Applicant's Presentation: o Mr. Ray Martin, developer, sumarized his proposal and stated that* m without Planning Conanison approval of this subdivision request he could go in and place 1 one apartment building with 16 units, but he would rather develop four 4-plex units, in one of which he would reside. C. Public Testimony: o Mr. John Davenport, neighboring property owner, presented the commission with a petition of 46 families stating their opposition to the development, primarily because of traffic problems on Walnut St. and the effect this development would have on tbe.ii. property valu s. o Charles Casey also stated his opposition to proposal due to traffic problems, . • a 0 • • page 12 PC Minutes 4/20/76 o Mrs. John Davenport also stated her opposition to the proposal based on problems associated with high speed -traffic on Walnut Si;, o There be g no further public testimony, the public hearing was closed. D. Staff Recommendation: o Bolen explained staff recommendation #2, dha t any overhead wiring be undergrounded, as meaning that the service lines to the individual units be placed underground. o Krause moved and Phillips seconded to accept staff fl recommendations and to approve the preliminary plat of Mayfair Subdivision. o Motion was approved by unanimous voice vote. 6.4 S 3-76 (Kjelgaard) A request by Orland Kjelgaard for approval of a preliminary plat to subdivide 4.54 acres for a multiple family planned residential development in the vicinity of 15778-l584o SW Hall Blvd. (Wash. Co. tax map 251 2DD, tax map 500) . Staff recommended that, due to earlier Commission action in tabling the zoning amendment zone change ZC 2-76 on this property, that consideration of this matter be tabled until such time as that is resolved. Moore moved and Tepedino seconded that S 3-76 be tabled until such time as zone change 2-76 be finalized. The motion ws approved by a unanimous voice vote. 7, MISCELLANEOUS 7.1 SIGN CODE APPEAL SCA 5-76 (Tigard Eliangellcal Church) A request by Tigard. Evangelical Church for a variance to the Sign. Code to erect a sign on the church premises at 10900 SW 121st. A. Staff Report: 4ead by Bolen, B. Applicantts Presentation: o A representative of the church presented schematic 40011111U11.1.11111.111. t% I page 13 PC Minutes 4/20/76 drawings of the proposed sign and discussed its composition and location. C. Publib. Testimony:. none D. Staff Recommendation: Approval with the condition that it be forwarded to the Design Review Board. • • E. Rebuttal: None, F. Commission Discussion and Action o Sakata noted the excessive size of the sign. o Krause moved and Moore seconded to approve the ctign variance, subject to Design Review Board review of size and design. o The motion was approved by a unanimous voice vote. 8. OTHER BUSINESS 8.1 Design Review Board member and alternate o Goldbach was appointed to the nesign Review Board and Krause was appointed as alternate. 8.2 Chairperson Election: o Allan Popp was unanimously elected chairman. 9. ADJOURNMENT: 12:45 'A ) 4, • A 0 0 0 STAFF REPORT • Tigard. Planning Conartission April 20, 1976 CU 12-76 (Fun City, Inc. ) Agenda Item 5.5 CONDITIONAL USE PERMIT , A request by Fun City, Inc. to operate a family recreation center in a C-3 zone (general commercial) in the vicinity of SW Pacific Hwy. and SW Center St. (Tigard Plaza) . (Wash. • Co. tax map 1S1 35DD, tax lot 3301) . STAFF FINDINGS 1 , The location of this proposal is in the lower level, west wing portion of the Tigard Plaza Shopping Center. This area has remained undeveloped since the construction of the plaza approximately 14 years ago. 2. Land uses north of the site within the plaza are the Tigard Plaza Cleaners and Hawaii Karate Kai Studio. Adjacent the 0 parking area, in front and west of the building, is Lincoln Savings and Loan and a professional office building. Montgomery ii Ward Catalog Sales Center is located immediately to the south. • 3. Required parking for the proposed use, under the recently amended ordinance updating off-street parking requirements is 1 space for each 300 sq. ft. of gross floor area. The applicant will be required by the Code to provide 20 parking spaces for the 6000 sq. ft. of gross floor area to be occupied. The applicant has stated that an estimated twenty-fivo to thirty-five additional cars would be parking at the shopping center during poak hours. The entire Tigard Plaza complex presently provides for 518 parking • spaces. Staff counted 109 stalls on the subject side of the complex, between SW 88th St, and the Montgomery Ward store to the south and the rear of the complex. On Friday afternoon staff observed that there were only 34 cars parked in on area providing for 109 spaces. 4. The applicant has indicated In his "Foaanou statement that he proposes to operate table pool, pinball, fuosball and electronic video games and that no smoking, drinking or food will be sold on the promises. Nor will literature or any °questionable° material be sold. Anticipated peak hours of operation will be from Y:00 to 11:00 p.m. and peak attendance would be 50 to 75 people. 5. Existing landscaping is located along SW 88th, adjacent to the parking area, as well as a triangular shapud planter area immediately in front of the subject site. 6. AUCOS8 to the site can be reached either by a curb cut just east of SW 88th or by another curb cut located along SW Wth. An alley off Hall Blvd. , which services the buildings Co the rear of the complex, continues on and into the parking area adjacent the subject site. STAFF IIMCOMMNDATTON to be given at close of public hearing , , . . ,,, ., . ... , , r •.1, , r. ' p �i�/ V f+ 6sm+rr' ' Iw . 3 3613 ,•, /m o / r 5�Y? ' :. 1 ....,CE MAP' _.. .i.l IC w1l .,` W M • I IS 1 33DA 3600 1 .1/./t 14;s 1 ., C J j I ri dg' ..'',,b °0°, x (C I •`L W I 7:4' . 4 {+red° t t ', " w !`� `j_ boo -�_ - °/ M r ( I..n 1 1, ..�+WL_,3_bo ¢(1 ..�In�+l l qtr 1 1700 p, If'1-- pit 1°% .:.'•. ,, X b 5 .4 3 613 t 1 7e R I IGOIe // lb . i 21 ► ,.1/. rR --TA.A,t-`'��ljjo tom�"++ ......p__1,�,,N` 1 .. 1✓ ro .�; "r' K • {.....a. _.._.._ 6 3G12 .1 li.�ii t_"._ .il;iii •1600 f�lr!1 G t7�f� �I + '� �G\if7 Sks f 1 $G19 -1 R� +. r _. �6 i1 1G00• �e Y� 1 y :IA. �� 3609 1 •� II ( 1 -� I ...„4„ \ O 1 T1«r».............—....-...,...-.1� 7Q�ly..J j��6�1-i+ r` i J300 1900 �r1L 1 j1 CS A�� h�°` ,���, r� 1 ,� It �`� "A 3609 1' 7 11,i RAC G lOe� j !orw< ` 25 ., • f I �-4"111 „f ° C.S.6146 r �°»i�" �' g\C .i 1\11� Y a ( •. gel (n I 3620 I f � 27 ;, ,,,�' \� b 1'''' �`\ X . «11+I�t .N .., ` to r,; =$ 3,, Irr I '/N... i.ile•"`' j,,, t-0 C* r VA'' A SEE MAP IS 1 36 CC h I• .7 1 ,,F. .5610 9 tt I i 'd 4 ;1 ..'.1 2000 �l^s• w'',1,,,,,,....--;0`/���° '., ° -.•�,,.r r.. .I , �(.7+� 2001 ,1�` /f/� +11 �p �, r + tr IiL. .. w.....w.Iw. .. rrti ....,e BIT MY ,if r _,:•,1 -;; 1 \ ,'r\ • 1131 •.r.w A•wr r tr ., '4 I' "s70c+ f 37(: 1 25 "• •\ A,'\ /It" 7 a5 At 14$AL C3 117451 11 /'� N , ��° 2� \$.5., ` , n ., Ct bey! " / 1. x v'� 5e°qi All r 7 g''. lc�\o0, c 3 ere!\�t �t\�/\\:� lyt ,/'� ,3 �36 ■,1 /yw r 11'.`iii. ".. e w C`.!Step 1 , q •"' 0\ ..°/+,b '\ `� j(!r \ `,` d'''' 7 +3701 y r 1 +►111 n�� , ' \Z Z� . b� .b' 3301 a 1 ��!' Y 1. ■ \ 0(� \ A¼S' . \ \0 � � �0'�430 I HI° 3900 1nt)i: �/ ? \ y f/1 \ (' �« 2y6s '�,/■ • JOAt. 11"yt"`^, ," ,' (t, ' (� ..1\' "`.j ?,.�\ .� 600 .5'or' i. 7111'_. $4406 :� n , %� ,4"•,;" ,, .J , C. ' /� Y+ ",, f►.1Ih••".."r._..'•.'°ti�s+li'r r Il 1. " .. ��° 1; t\4'1 J t n%C. a ?/ ''V ti 0 of '\ l I» 1pA0 Ii " '+q * \ \00r� rd *"\b0 t� 1" «tote(. t1a.91. -`+J �� " #. �r. ', I. '� 1� ttJ 00•�� Z� I"'. 1. ."\Q �, '1. hIi".- I g k~ z G a ° 15°5 t' /7 t1 S � �/ o'f' \ `li % , ,,a. � •\ r!•i w, 4104 " ,° t '• T �p'. ..e6Ae .°' /7'CS 5317 C$10044 •.k +Ff C�`. dY'1 00 rt r Z/ '�It�,c 7 4700 / /.- Vasil► „.1 , t., r .F r 9 \ rroo .YSlk j ./. .?IAI. i '4l.. I. 440.5'U `'r ♦ / ` 1;1,\r 1 , ` 0' ' k `, ,..„....<;,,, re 4, //D T�,'�i_ J!At11!6t!,�li+�..... a\°• ./y \ to \ 'li•+ ''`+,t'”' d '1•� brCa,,� n ` Ad \ 'if,.+ice b`'' \�4� h' ,,,,e 4500 „4401 Y I.41oAe; =„1.:. 2 8 1 \��5\\\' r�l• + V �. ' KLNoIIhA z . « ,\f i ir' / ,■ ~Ii...!,/I'..'�.4..P:..,„, �/+'.is U«C :'Sy,_4'lt10141 ',.,, �,.�+".r �I i'. ,+5'i ' \ ,. , "y ,.,,,,A 1C y\ ti 'A `$r"tte roe 11'1 07 At a< ar•�,` ,•� C+! \ c'6 A .°'+ 14 l'i. ■ \ k v r0, ,,l'",;`,. I"' .. i'; '�l;i\°r 'l ,,...t y' ��3 V y11'� t t too taktil111 \ C /: 'w'•4601 "D i� ki IC,Iro120t►1 \� •,' 100 \4, .\ .�''. ua •°+� (� / yfLAuy ro 11YA1 \ >),,,,','to `• 4900 \,""� 4 ,■ �� �1 r, P Q\ Y iii 1«iriva t. `, II°4�,Ci0 `6d6Arr �, ,, 610 '), ,SI,115 -4 .,. �b elcp 4ble o , fed J!''. Nat ,,c /4{,00 ,/ :N' , ,° ".L' `1� 11'4 "+ , ♦a t;,..Z(,.\"":,/C,..,,,,/!At b IN SO�iO 1 ° *"•;.':Y Nd0\ G` 14.,. e?, )1, ■∎I a t,.,, ,, "• Di v K •. ` ,,e4.4 +„.0 r4 Y 04. ,,4 • d • . t , . ••W I , i 4 . • h. . 1 i . • n 1 u e .: . . .. , . . . . , , , ro b 900 S, —ifth Avenue I Portland, Oregon 97204 / 50? '')1-1700 • fr-90-in THE 'LL)41411..P7.: COMPANY/. RECEN tn.) APR 2 19M April 2, 1976 CITY OF TIGARD Mr. Richard Bolen Tigard City Hall Post Office Box 23397 Tigard, Oregon 97223 Dear Mr. Bolen: This letter is to follow up on our earlier conversation regarding the application for a business permit by The Pinball Wizard, represented. by Mr. Alex Paul. The Gilley Company is the managing/leasing agent fox the Tigard Plaza Shopping Center located at Hall Botiovard and Pacific Highway. Mr. Alex Paul and his associates are - negotiating for a lease in the Tigard Plaza to occupy approximately 6,000 square feet in which they would operate • table pool, pinball, foosbail, and electronic video games. We have investigated into the background of the applicants and find them to be very reputable, high-calibre people. We are confident that they will operate a clean and wholesome amusement center which will be an asset to the shopping center and to the community. In order to assure this, we have attached to the proposed lease a clause that specifies what type of an operation The Pinball Wizard will have; that is, there will be no smoking, drinking, or food sold on the premises, nor will the be any literature or any questionable material. Other such verbage included in this clause, which • must be signed if the lease is to be executed, gives the • owner confidence of the type of operation that will be held there. In addition, we have adequate parking facilities to accommodate all the cust.pmers that The Pinball Wizard should have. The parking that would be utilized is on the west side of the shopping center, which is used now very little except by • employees of the shopping center. The employee parking would be moved to the north, which is an area now largely unused, leaving the parking immediately to the front of where The Pinball Wizard would be for customer parking. * All information contained herein 15 obtained from 8ource8 deolled reliable,no representation is made as to the accurac.y thereof,and it is submitted suhieLl to errors,omissions.changes and withdrawals without notice. 411111110111001 ' . . .. 0 ............ ..*.k. ....** „ r..............a........................ ..............t............■.... (11 Et till■Y U..0 • Mr. Richard Boln April 2 , 1976 Tigard City Hall Page Two • ' We heartily recommend that you approve The Pinball Wizard's application for a conditional use business permit and, . should you have any further question regarding their lease, we would be pleased to provide that information for you. Very truly yours, THE GIL 'EY COMPANY Ma shall A. Stevens . • , ! . ' MAS:rjm5/4 I . k 4 , ^, ' . . ' 1 , ' I I ° All informatiun contained herein is obtained from sources deemed reliable,no reproientallon Is made as to . the accuracy thereof,and it Is submitted subject towers,omissions,changes and withdrawals without notice. ) 4 4111111MIMMINIMMONOW 0 4 # To the Tigard Planning Commission I.L.-EL011.1L.q._.91—It2.—ELaRosal and reas" Fun. City Inc. proposes to develop a Family Recreation Center in the Tigard Plaza Shopping Center. This business will be located in a portion of the shopping center which is now idle and unused. The Family Recreation Center will provide Flipper Games, • Video Games, Table Soccer and Billiards for the public use. The Center will be staffed duling all operating hours. The consumption of Alcohol and Tobacco will not be allowed on the premises. There • will be no sales of questionable literature etc. The‘ Family Recreation Center will not be the typical "Penny Arcade". Rather it will be fully carpeted and decorated, thus providing a clean, wholesome environment in which to enjoy leisure time and shopping time. This format has successfully proven to be a viable public service in many other cities. We requept that a conditional use permit be granted for the operatiwl of this business in our proposed location. . ' II. Confprrmancel p,ro_henqive_ Plan. The proposed use will beid./conformance with the Tigard Comprehensive • Plan. One of the designated uses of commercial property is this type of business. However due to the special zone classification of the Tigard Plaza this location requires a conditional use permit. pndpublic, benefit. There is a definite community need for this type of business. As far as we have been able to determine there is only one other t 6 location o- the entire west side that offers the use of pool tables • in a non-tavern setting. Any father-son game of pool must therefore occur in north Beaverton or Portland itself. There are two locations in Beaverton that offer flipper and Video Games and these are extremely crowded during peak use hours, thus indicating a public interest in this type of leisure time activity. Our location therefore would provide a popular service in the immediate Tigard area, thus reducing as consumption etc. of those interested in this type of activity. Another public benefit that will occur is that a viable business • . . . a • , • i 1 would occupy a space that is now vacant, thus providing additional tax 4 ' . revenue and jobs. IV, Change of social conditionsL_availability of services and . communitt dev_e_12pment. ' . The Recreation Center will provide leisure time services to ; . families which are now forced to drive long distances to secure them. ' 4 This leisure activity will also be made available to those who are denied . r , . . the use of cars such as children in the immediate community. As mentioned above the Vamily Recreation Center will provide jobs inahe community. Another benefit to community development is the interest now being expressed in the remaining vacant area of the Tigard Plaza. This area of approximately 10,000 sq. ft. has remained virtually undeveoped for 14 years since the construction of the 1 . complex. It suffers the dubious fate of being the "back" area of a Elopping center and does not benefit from the walk by traffic , 1 generated by Gafeways. A Sporting Goods firm and another as yet unidentified client are now very interested in locating in this portion of the Shopping Center Xf we locate there. Their feeling is that there will be a synergistic effect caused by our presence 1 , 1 that will make their businesses viable, This expanded u v se of vacant i 1 . space will be of obvious benefit to the community. I V. Suit . of loc:At.i.,on. ' abil ity '1 The proposed space is the only vacant shopping center space 1 ri fr . that we have been able to locate in Tigard which is large enough, I ' & . (approximately 6,000 sq. ft. ). It is also the only location that we could } find which has an excess of parking area available for our custoqlers, VI. Imeact of nevelopment, . $ Our development will have a benificial impact. As mentioned sbove we will be a positive influence in opening up the unused portion of the , Ghopping Center. The other occupants of the center should also experience increased traffic since the Shopping Center will be providing a larger , bundle of services, thereby catracting a larger universe of customers 1 L to the site. We anticipate that our peak hours of operation will be from 7:00 i . to 11:00 p.m. and that a peak attendance would be 50 to 75 pooplel (plwase note that we intend to provide two fire exits thus insuring adequate protection for over 50 people situations). de would anticipate that p most people would drive there but that the majority would be in , \ „ 3 groups of two or more, since most of the activities require opponents. We would therefore estimate a maximum of twenty-five to thirty-five additional cars parking at the Shopping Center during our peak hours. It is important to note that there is an abindance of parking on our • side of the shopping center and that the majority of it is little used • during .any period of the day. Of the 518 spaces at the Center 218 are located on our side of the buildimg. From personal observation I have seen a maximum usage of only 13-2O spaces at any one time. We feel therefore that there will be ample space for our clients as well as those of other businesses which will fill the space. • Finally we feel that our business will be compatible with the others now in the Shopping Center. A father-son trip to the hardware store on Saturday afternoon can now include a leisurely game of pool or table soccer. Children that were formerly left in the car can now be deposited in a fully attended business which welcomes their presence with open arms. 2his service alone could be very beneficial to the other businesses in the center. VII. Public Service Load. The family Recreation Center will avail itself of the following services; .volice, fire 4ater and hewer, filo use of all these services will be minimal. untictsi In tlIm-ary the Family Recreation Center we propose will provide Tigard with a much needed leisure time activity c., ter which is oriented around • the family, We intend to promote benefits for disadvantaged children by providing free play to groups during non-peak hours. de intend being a civic minded business that will participate in the growth of Tigard. We believe in the area and thus respectfully request that you grant us the conditional use permit. ' ^ .� .`� . ' ' . . I .. `' ' . . ^. . ^ /. ^S . - -. [l ���` � PUBLIC HEA.RINGS ' ' AFFIDAVIT �r �u �`� � "=N _ au �` Tigard uzuz� u� ou�uum ^ ' ` �� �` , ^ COUNTY WASHINGTON, | ` '` -- ^` ^ - 5.1�� 1 ^' Zu ,, a� - being first duly """^"^ depose and =v that I am the publisher zoning map amendment to zone a par- ^ of The Tigard Times, a newspaper of general circulation, as defined ] / by ORS 193.010 and ~ '~—' published at Tigard, hi the aforesaid county residential ' ! i � velopment). (Wash. Co. tax map 281 state; that printed was� . a ' published in /the ? sucessive 4'1.5 . . A` consecutive weeks /o the following issues nary plan and program review of a ,` tmeletnutryinythleney,ic7iniaityhorcioo.9ttah,cariniatirsasni . � ="=��__ �. � ' `- ---' . • ~�~^ ' / `Subscribed and sworn to before me this day of 'of de- velopment . ` ______.,*�����- ��/�� ---~~~^' ' . . . '. ^ '` . .~~^`^ ~~. _'" ` A . Section , �� oonom�o�� pxybou "== ' of SW Walnut St within City � , .. �� that required 5,5 CONDITIONAL USE PERM14 . ^ CU ! request | ~ | ~ C-3 -'— " .` - vicinity of SW Pacific Hwy. and SW . . Center St.tax ]m]5.6 coNntrioNAL USE• � �u CU 7-70 , A request Arts and Crafts Gallery in a C-3 /one I (general commercial) for a period of one (1) year at 12140 SW Hall Blvd,' [ . / (Vieth, Co, tax map 281 IBS, tax lot ~ ^^ ' SUBDIVISIONS u/ uo-7o A request for approval o.'a prelimi-: ) i nary plat for May/fair Subdivision, lo- eated ' 181 /. 6.2 S 5-76 (Walinar Acres) A request for approval of a prelim!. . 'nary 124th & Walnut (north side). (Wash. \' Co. tau map . . ' 7.1 SIGN ^ A request Church for a variance to the � . U`a'6ure�-~- --premises to erect a sign on' at 10900 SW 121st,AU b thu.,,e.uhitte,:s are invitrd to attend and he heard. . , (%T2634 -~ Publish April 8, 15, 1E476) �. °~=_° = °°�=~_._. �~_�`,.= _~ _ ' _==' ' . . , Cu AFFIDAVIT OF MAILING STATE OF OREGON County of Washington ss. • City of Tigard I, Patricia A. Trachsel , being first duly sworn, on oath depose and say: That I am Secretary for the Planning Department for the City of Tigard, Oregon. That I served notice of hearing of the Tigard Planning Commission. of which the attached is a copy (Marked Ex4bit A) upon each of the following named persons on the k/tie day of , l97 , by mailing to each of them at the gaaress shown on the attached list (Marked Exhibit B) , said notice as heretq attached, deposited in the United States Mail on the etX day of ■ , postage prepaid. • • t'r Subscribed and sworn to before me on this Sl'h day of APRIL 19 -16 Notar Public of Oregon • 4/Citiq My commission expires: • CITY OF TIGARD, OREGON NOTICE OF PUBLIC HEARING 6 " Dear Property Owner: The agenda enclosed for the next meeting o± the Tigard Planning Commission includes an item (circled in red) which, due to its location adjacent property owned or occupied by you, or due to your previously indicated interest, the City feels obligated to notify you. If you wish to make your views known in this matter, or if you only wish to avail yourself of this opportunity to be informed concerning this project, the Tigard Planning Commission invites you to attend this meeting. • 1 ° 36O4 li,. 15'1 0 Al r 1 V,F I 6 L )S Y r,b rad u►.CtLlcn• 1 SEE MAP. I • 3615 a rd br`fRr` I .I r 1 w w �o'� °°�Ierar r IS I 3504 ,3605 14 f i C. 142" '"•° or% 1 ° h$606 1 LI 1,re 1� ,.r•'• IlwIli 1e7 f 0 \\% et qt 4 , E ,,,n- emw,r ,i- ... 41.' 1 ; S } ° 3613 r e-« ���^ 1,1 trTi('� I 11 tl I �f ��/ + r7'( 1` i 16010 /J \iu %¼4*rN\\\ ,.', 3607 � 1 y+ 3619 f 6 I, ,, 3610 4 ,,1�'if t" „77r---.25 .1900 f,\l.R F' BLKfi OI �' ""\ il� K .l� ai9 J•,.+ 360h II ; 1+ I 16000 \ '. •9t �.. —.,. •••� 56,1111 �° 1400 (�R.4\(y,�(� 4 I tS 432s' I J� y2 � I ,,\ ° I ,3 a ;;;:.r. p 4 c 4./ u J Otk. ; `J . 1.r J 1 �' to�� 1°\ ,, tf y�`-� 36o9 �; I0, a 1y 75 A. r I'/^ ,,. IIf.A) 1 c,S,6140 i ro.1 ,,,,or i t.Y MIN 111 1+0.... 111 Y0 • •�'•i IIHII, 3610 � n .. 1 9 I ; S�BT�,��.T 11ier •r'r+ ,'� '°� 1'\ • SEE MAP IS I MCC .• 2000 A '!$ eD 1 • �$ ....n,.,. . I . ' 2001 'f- ale, ,11 ! •� °.e SITE gyp., b (yo d � '1 .� .,f1 �'I.rwr. ,.• r S1 / 1� n(' jT tl+ f \A 7' - �•1, 353 at�a t 1 11f .1 1 �\ '1. e .53 At Ids At y CS 1114SI 1 28 7 `1• g `g5 A • . / .. . . k M, !Il e N :' GS 6431 .- \t°° V toe /.00 \ k,` \ \ 6y1+,r I l� , d 1 ' 21 41G 4 nI . ,1� \OCS ""\''V •Nt, " 10° l°+'.YI 1► ., • M Cs�td' 1 ; ° M y - +�.,`...�..��Hi1' 11,1 ri '�. ``� �4. }t .'• \\ • i 1,°.1� b �CO! * ��\111\+� io 3E300 1,111 14°411 i , 5301 tilt 1 6 r r 314r. : 4400 6 A6At ,N ft.' , 1 ,bb „ 1.`.. « rut MI iii 13 '! \� \`° 26 IA" \ '� 11 of iN' �{ to r 1 r ♦ n� W b� /1 3900 k . 1'. r r Y • .JO At. o 7 1 L f 1 ,(� • 2� .1 -. " ,ffTI ny 4406 i:.h •+.� Al'''. / 1 d 10 .+1 Z �'P 600 ' 111. 1 •` 1a ! A• •� f, . ''fit• {r 11 11...b,,,,,,,,,,):• w YO1n 1▪ 000 I.r1,l• OP/r I 41 `ti/ , t'' c. 1 1 �0 \.° dn. "y'� h,�• (� L `V.n I I. ., it'f OiD,f M r •" §� rAi ` / ! \� r\O +' e��aQ+\ �° �t1 /.1yy0 `b +1 10 r r{D f1f, r w y4 1 .1 Off" h O1O y 1•f, 4l.( I ° ^1�r Y' X! t>1 / 1$ `epee 2r Gr �. �I;t 4 ,I: ,art .+to `S CS ISEP CS.10044 " ♦d'P* ''e I. /° i 1♦ '` „0e a° '10 eye \n r�1-) A 1 �•�r •�” Pr ems, /l�►`tl. 4 Oy'1g". n ' • 0*1 1 1g \� °' 9Qb \ ° \ 1t , S' ✓ ° W. n",��� $ b�/ j' \ ee.,1°I K I jet� 1 rC '0 ..J '° b ,r.. '1 r .1e ♦D •::• • 101t M / (�.,, 0— yam, e�1 \ \� ,L .r�, 11, "1 \ ,y 4,:'4300 „ 4401 °Aro s ti �� `"' 1'+ 1` 6 1` ► b ++J,: eel •je j,,+,ft w« °a /-0 It, / 1 / y16 .11x0'°;' '� Y ...• I.? \'� \ 10 ). a1 . l� •r"■ Ir IH y;. 11 ,11et i•4. e . tP 11 fj '� • I1 \6\1 ro `+y� •340 A p , "! / !'ry v+ 0'14 r 4i 0 ' ``� a `{1 '' \ ? fb .Y �I w�' 1 � ' QCd ,,,"∎ " ri a� '1 ,,'e:t!' 1 ■0 ,1 `', .0 e1 �Y � C 3, ,{Q CVO ,, `►,� A�Q, Ir(C`y�tr D ` ```�,o�\�4 rL •,.� y.f \ a 1i ....0 1`�+ \, 0 /.1 4ar..46`01`, s' "11 ictHitt6/i'I . .► 0 Tl rod tAAtil.rr .. Y 1 4Kky ,.pp /'+'''^ ra ,I 4900 �1:? 10 \b �j1 r ,./ wD `45% 1'14'��:' +• b / 1y9 .Sr a TIAt i a'a.• J �✓'p yi :0,7,, ��, `/1/ � 4600 pl r 1 ''%:: �t {b \ • ,g1 ItoDrwul►e° b Cg°.AFI r I QAt ` C . 1� ,e W, tq 2a ..:-'9° yno . c .e+ M , r G .DI o `� 4j ,y°, I,.c1 eo 11 t3 a\ 5000 'p ,,,•�' M 001*.�!'O" 41 be `1��' �.. G , . r/At A4 11 y' 1# ?/" "; I,1 ��OtO �� 1 `� �, d ' r .ark . �� �t7. YYY ' . . • . . . . . , 40 0 (6 40 • . Y 4. V01, bJ. • • • 4. 1 • + • I 0 I 1 • • 1 a } 1 3 u I, 1 . ' a1 s Ii it i • _-____d---- . . ;,......-,Iii,- _4 ...._ 1 . , t__ .I _ 3 `II .. . „,,R - �k' I S , ......_. 5 -''..:: Ik,?- '—.T.:,..2 4 ' -'- t 1,0110111111111 t.-7_. '' - t .l'�+1 ° 4 p�,y� ( / )j� ,.y t — -Q ) �r,-pi ,// per . 3i •^I a47 s� i 4�i/ !l- � V Si 8 r gj Za 6�9 ..�C-d',�Y, • W ( • lu 7 6,! Gelb' _ 3M/ iV �� � d b -�o " SS3ZL ti 'gig - XVI_ . --: -- - --- __ AIEIIIIIIIIIIIIMIMMillrfligllMMIDIIIIIlli Nail 6rnjtj'lt . . . r \F . ZONE CHANGE CONDITIONAL tSE - VARIANCE -- TEMPORARY USE - NON-CONFORMING . USE REQUESTS , . r , APPLICATION- File #. CU ( 21 _._ _.. ;,, . Fee Rec'd..._. % .s: ".= Tigard Planning Commission 69--4171 Receipt # /..3,? ). d 12420 SW Mean St,, Tigard., Oregon 97223 Date Rec'd. 3-3-a - Bye_____,__ _)r. --'"' PLEAS�E, PRINT N INK OR TYPE '• donditional, Use Y • Action Requested .°_. hhoh.,,ohhh, Applicant's Name Fun 'City Inc. - Agent-Alexander Paul Phone 22x.-9186 Portland Ore 201 or.2 8-1x89 Applicant's Address,,• : �< street , , city s-ate zip Owner's Name.,,,,,Valdez Dock Inc.' Phone Owner's Address, LailL, ..y.`" -1 ,6 ,_5 F. ), �t ,e. e' street" ty ∎,at;to zip Applicant is: Owner , Contract Purchaser Developer x Agent Other ' o • Owner Recognition of application w .,,,p, ....-. . signature of owner s • Person x esponsihle for application Alexander Paul ,' y ,,t.' ,, :°i_ A 1440 S.W. Hall 1•ortland_, Ore. 97201 s Feet q3. y Mate (zip PROPERTY INVOLVED: Tax Map #L613:114.._Tax Lot(s)-l--W . •... .v / Q}"`d ek..X,_,_r_____,_Area Cr, X6 (acres) • � Address °• Faxisting Buildings (# and type) r t r" �, _ S A , _ y d Current zoning 'l .., .w Current Use, ,r.5, 6-A- L*., -__. . Applicant's Applicant's _ Proposed Zoning °SC�;r..�.r. '.�:......- Proposed Use �ra44`.fir �x eiLl_6 1,= , SU:MISSION REQUIREMENTS: n4 c+ tb' "FasanORequirements e`,, ,f ) Legal Description _ flcinity Map '4, ;_max Map � Site Development Plan a, Site Plan . ., A . • v.. I, i K • 4 VOA n'T 7120.5c, i Pr We will resume our harir, , with item #5, a request 'L4 Pun City, Inc. to operate a family recreation center in a C-3 zone (general commercial area) in the vici±ity of SW Pacific Hwy. and SW Center St. in the Tigard Plaza. May we have the staff report. . Bolen: OK Mr. Chairman, the location of this proposal is in the lower level, the west wing portion of the Tigard Plaza Shopping Center. This area has remained undeveloped since construction of the , plaza approximately 14 years ago. I think there have been some short term tenants such as a health spa, but this is essentially true. Number 2 - Land uses north of the site within the plaza are the Tigard Plaza Cleaners and Havriii Karate Kai Studio. Adjacent the parking area in front and west of the building is Lincoln Savings & Loan and a professional office A bldg. and the Montgomery Ward Catalog Sales Center is located immediately to the south, #3 - Required parking for the proposed use, under the recently amended ordinance up-dating off-street parking requirements is one space per each 300 Sc!. ft. of gross floor area. The applicant will be required, by the Code, to proviu.e 20 parking spaces for the 6,000 sq. ft., of gross flcor to be occupied. The applicant has stated an estimated 25-35 additional cars would be parking at the shopping center during peak hours. The entire Tigard Plaza complex presently provides 518 parking spaces. Staff counted 109 stalls in the subject site of the complex between SW 88th and Montgomery Ward store to the south to the rear of the complex. On Friday afternoon staff observed there were only 35 cars parked in an area providing for • 190 spaces. #4 - Staff has indicated,the applicant has indicated in his "Fasanon state- ment that he proposes to operate pinball, pool table, foos ball and electronic video games and that no smoking, drinking or food will be sold on the premises. Nor will literature of any questionable material be sold. Additional peak hours of operatic will be from 7 to 11 pm and peak attendance will be 50-75 people. #5 - Existing landscaping is located along sw 88th adjacent the parking area as well as the triangular shaped planter area immediately in front of the subject site. Access to the site can be reached either by curb cut just east of 88th or by another curb cut located along SW 88th. An alley off Hall Blvd. which serves the bldgs. to the rear of the complex, continues on to the parking area adjacent the site, Now also had some photographs to pass around. There are some maps in here. This is photograph of an establishment in another part of the country and -asiemegi.1+ Could we ask staff right away, where is this other part of the nwellii, Pc , , -2- country? Bolen,: This is Payless in Cupertino. Where 's Cupertino at? California? Thi Anybody here from Cupertno? Then there 's some smaller color photos which you'll have to look" I'll pass these around for your inspection. And that's the conclusion of the staff report. 4: 12c May we have the presentation by the applicant at this time please? Applicant: My name is Alex Paul, wekigg-felo 1440 SW Hall, Portland, Or. Our company's intention is to try to develop a family recreation center which will thrive on a long-term basis and from our mrket research a what we want to do is to try and develop a long term business is have one that is a clean operation, that appeals to the family, carpeted rugs, nice decorations, no smoking, alochol, this type of thing. So that it will provide a leisure time service to the community and maintain an aimx atmosphere where the undesirable element, which can occur in these type of places, won't congregate. We did a survey on the west side and found that there was only one place which we felt was comparable to this. This is • located in Beaverton and it was doing a thriving business and so we came .. further southwest to look for shopping center space in Tigard and located this downstairs portion in Safeway Plaza. It was originally designed for a bowling alley so the concrete structure of the floor, etc. has been sound- proofed and designed to prevent the noise from carrying upward and bothering other tenants so in this regard we feel that we have an adequate parking area for our clients, adequate soundproofing and good all-around location as far as commutability by the people of Tigard to that location. We do i±tend to • make it a good, clean operation, like I said, because that's the only way to maintain an on-going business otherwise it'll just get run down and we 'll be run out. we 'll be making a, if it's improved, a substantial capital in- vestment in the location. The owner of the property is unable to come up with the money to bring it up to shell level. Right now it's a dirt floor no electrical, no plumbing. We 'll have to put in betwon X25 and S30 thousand dollars a initially to get it up to the point where we can use it as a business establry.shmentf So we are committed to a long term viable situation. PC: Excuse me just a minute. Will one of you gentlemen mind closing that door. The noise keeps filtering in here. I think it would be a little . .thank you. . .l'm sorry, • Applicant: That's all I had to say. I might say that I have Marshall • Stevens off' of the Gilley Co. , the landlords of the location, also present. \ PC Alright. Is there anyone else wishing to speak in favor of the applicant? is there anyone wishing to speak in opposition to the proposal? 9 ` • .• _3W. Well, I'm k .d of in the middle-of-the-1,gad. Dwaine Hesketh, I have Tammie 's Toy & Hobbies. I also have math one in Beaverton, right Ao next to the Great American Fun Center, which is similar to what the gentle- . men% wants to put in They're great. I enjoy going in and playing pinball ;. machines, but they do create a lot of problems that I just wanted to bring the problems that occur out in front of the Board. I"ve had my store in Beaverton about 2 years. Pinball place has been in about 6-7 months, Since they've been in, they do police the inside of it very well. There is no smoking inside, no drinking,no beverage or anything like this, but outside the bldg. just about anything goes. I've replaced a window so far. 7-11 .; store they've replaced one window and had one of the tenants has been r• „k burglarized or the y tried to get in which is just as /1„„/ . Some kids trying to get in it was from the Fun Center I think where ; this kid come. You get about 2% of the kids that are pretty hard to control. My concern for this is are they going to police outside the bldg. the parking lot. We hve over in Beaverton a lot of beer drinking There is • hardly a weekend goes by there's not broken bottles out in front of our store. I 've had about 2 other near misses on my window there and I would love to see the space filled because I've been here about 14 years myself and I really think itb great that we fill this underneath part of the - shopping center. But the only concern I have is the policing of outside the Fun Center, not inside. These people do a pretty good job. , __-inside the center it's not kepi: up as neat as I would • . `like to see it kept up. There is one over in Bernard Mall that is really +s„ kept up super great. Their floors and carpeted, the walls are carpeted. It"s really nice. The one neat to me in Beaverton has a lot of used machines. N'ow I don't know if the one that's going in there now wants to put in new machines or if they're going to go and pick up a bunch of used machines that are only working half of the time. That's part of the problem with the I, ` one Out in Beaverton they have here too. Getting back. The thing I'm con - cerned about t,� juveniles running up and down the mall damaging the property there. And are the pEpla people that are going to put this in are they gonna police the outside of the location? The police dept. they really can't i ` i olce it because it's private property, The They'll come up II police p y if somebody signs a complaint against whoevver's drinking beer or whatever is going on out I°p there. This is what we run into in Beaverton. Their cars drive thru and " this sort of thing, but really that doesn't do much good, I think something has to be done by the owners of the place to police the outside of the area to stop drinking and other things from going on. That's all I have right no*. PC: Thank you. Is there anyone else wishing to speak in opposition? A , r • -4- Marshall St ins, Gilley Co. , 900 SW 5t, , Portland. In or address ng Dwayne's statement there, we do have a security patrol that would be scheduled to be through the private security such as Burns, one of the others. Now to control all of the children and young peoplein Tigard and surrounding areas is pretty difficult, but I feel, we feel as a firm that with the right kind of environment on the inside, it will be sub- stantially controlled on the outside. Is kind of hard to control kids running up and down the mall anyway, but yes with the security patrol we r , feel this NtlaRldx element can be brought into it. Reasonable or less or whatever. We, as managing agents] hattyxxlm±±xxx for the owners, we 're anxious to have them in there as we said earlier as said earlier, this space has not been leased. We have put a concerted on that space recently and we do have, in conjunction with this amusement center, dome other tenants that were seriously considering this space, one a sporting goods shop, another a bike shop, which would be complementary to all the tenants on that lower level. We feel that the 6000 sq. ft. here that the amuse-- merit center would have would be a help for traffic through the center, to the shopping center. PC: Alright Mr. Stevens. Anyone else wishing to speak in opposition to this proposal? Yes I do. I'm Mrs. Pastor and I live right in back of Tigard Plaza. My house has already been robbed twice with children running through the apts. They've run over into my place and I've been robbed twice. What is this going to bring? PC: Alright. Thank you very much. Anyone else wishing to be heard in opposition to this proposal? Mr. Paul: You could look upon this as a place that's going to be a collecting place for undesirables and then the people immediately adjacent p p p y � will be harmed by this, but then our society also permits taverns and i bars to operate which the only access is to people to drive to, pre- sumably don't consume alcohol and then drive away and then live with this type of danger if we are attracting undesirables, they're still out in society and it would be impossible to say that giRsaaml because our place is • there we 've targeted them to the immediate area rather than whatever else they would be doing, but that's ik.Exparia a part I think of t problem with society, rather than our fault, so to speak. Look at the relation of our .w' type of business to tther types of business. I don't think that it's creating that much harm. That's all I've Igoe. PC: Anyone else wishing to be heard? Hesketh I just have a comment. I just can't. . . what. .what. . .you're } saying in a way that you're not going to police the outside or you're not concerned about what happens outside? Paul: Oh no, I'm not saying that we won't be policing. They have a security patrol which will do their best to maintain order in • that area. All that I'm saying is that we couldn't obviously be held responsible for a theft 3 blocks away, but then it's hard for you to aaaxXX correlate that with the occurrence of our business being there. Hesketh: No, I understand you can't pass this. . .no problem. . . the thing that I 'm concerned if drinking and this stuff is going outside, are the people that run it, are you going to police that area yourself to stop it, hit bring, to sign a complaint if you hve to go that fail., to get Dwayne, you're a tenant there. You would want us to do it. Stevens:. Hesketh: Well I do. Stevens: I think that it would be taken care of just by necessity to keep the shopping plaza a good center and we feel it's a (two people continually talked at same time -- Stevens and Hesketh -" couldn't decipher it ) PC: Excuse Me, Marshall or Stevens. Alright. I don't want to get a rappapor•t discussion going on this Is there anyone else wishing to be heard on this thing? Alright. May we have the 0 staff recommendation please? Bolen: Staff recommends approval. Had a good buy on the tape. Ha. Ha. Ha. Washington County. tJI'i, staff recommends approval of the request with no conditions, find`ng that the 0:tatementsofthe applicant to be adequate. I just have a thought T might in- clude to and that is that while kids are playing pinball machines they aren't drinking beer or whatever the other things they can do to get in trouble. It seems to me that the community should provide activities for youth and not to try to close them out of every opportunity for things which they're going to find to be entertaining. 'What's the conclusion of my recommendation and the philosophical comment. Popp: Is there any additional cross examination or rebuttal? I'm Ann Taylor and I live across the stye t from the shopping center. My husband and I have been there for 21 years. I'm kind of con- cerned. We had a lot of problems with stealing at our house. Our mailbox , has been broken off. Our postbent off, broken bottles in our front yard and on the driveway. I understand that Safeway is going to bring their business back a little bit farther. That's going to put the driveway behind the bldg. right into my driveway and I wonder what will come from there, Mrs. Steele, she lives next door to me and we both have had problems, 4 Popp: Your address, you said you lived across . . -6- Ann Taylor: 11630 SWi( "111. I live just right ac ss from the backside. Across from the funeral parlor. Popp Thank you. Does anyone else wish to make any rebuttal. The public hearing is closed. Staff, you've heard both sides. I'm sorry s Mr. Phillips. Phillips: I take it this is going to be open 7 days a week7 Paul: Yes. Phillips: Will it be closed at any time? • Paul: Oh, it won't be open 24 hours. Phillips: Oh, I realize that, but I'm talking about any holidays at all. Are you going to be open all the time? Paul: I think demand will regulate that. If people want to have it open on holidays, we'll keep it open. If we get no busines on a particular holiday, then we'll keep it closed. Phillips: You sublease this out? Is that it? Paul: Yes, we'll be leasing it from the owner. Stevens: They do not sublease. They will have a lease. Phillips: Well, who is going to be running the business? The company or do you lease it out to someone else? Paul: Oh, no, the company itself runs the business. Phillips: You have a local, paid manager then, is that it? Paul: Yes, that's right. Moore: What are the hours of operation? Paul: This again we 're going to have to determine by demand. We anticipate opening about 9 or 10 in the morning and cicAing 10 or 11 during the week and then running perhaps to midnight or 1 o 'clock on Friday $ and Saturday night and closing earlier on Sunday. 111 Moore: Is this a franchise type operation? Paul: No, this is the only one that we 've started so far. Moore: What is the similarity between this Pinball Wizard and the one on Stark St. Paul: There im no relation. We just want to be able to use that name immmie because we thought it wati a good trade, but we're not * connected with that other operation in any way. I think, I've checked with the dept. of commerce in Salem and they said that 1 in this county it was ok to use that name, Pinball Wizard, but we 're still debating if we should use that or justthe corporate name Vun City. But to clear that up, we 're not related to them at all and that's not the type of operation weJ intend to put in. s4kedek,„ I donl know. Have you been watching the pass thru the headlights of Tillamook and what's carrying , _ -7- out sacks full of cash 1, m the pinball machine. Yot now what I read watching tkisx this in the papers and then receiving this in my packet, my first impression was, wow, in Tigard too. I lived for a short while right in back of Tigard Plaza and when I lived there I also got burglarized, burglarized, robbed, whatever you call it. So I know what these people are faced with. I 'm not blaming this plaza or anybody else. It's just that location seems to create an awful lot of problems for people there. There are two adjacent apts. - Plaza Gardens east and west and they use that street right up front where they're going in on the bottom level to get into that section - SW 88th. I don't know what's that going to create in terms of traffic and I also, when looking thru the folder, was a little concerned about some of the equipment they have there. I know some of the guns and the shooting galleries and things can be all wild. In the summer you have a tendency to leave your doors open raher than just closing doors, so leaving doors open, the noise level might carry, especially if you're working 'til 1 pl.* l'clock Fridays and Saturdays. That would craate some traffic that I would think about. I also question is the applicant aware of the other proposal that we had on the last planning commission meeting, this other outfit coming in with 10 pool tables and Foos ball machines and so on right on Pacific in the Plaid Pantry. Paul: It ddld not get !past the. . . Sakata: IV on appeal with the City Council. I don't know. 1 was jus interested in what that's going to do. Will they also be enforcing cul2ew for youngsters? Paul: Ourselves2 That's not oub authority to do so. That's civic authority. Sakata: You're saying no. Notbecause we don't believe in curfew, but because I don't have the right to do that. They're citizens. Moore: I'm kind of in between a rock and a hards.00t I really think there 's a need for the youth of the area for something like this, but also I think this particular location is kind, of unique. Un- fortinately, I think it's a bad location. I talked to the Beaverton police chief today. Last month they made 27 arrests in the parking lot, I can't remember the name of it, a similar operation, although I can't say your opertion is going to be run the same. The police thief told me the operation insidewas good. They did police it well, but the parking loos were a big, big problem. The dna arrests were drugs, liquor and there as a firearm arrest also. This particular loction is secluded in that it's really cut off from any other access. It's kind of private in there and can see things there happthning at 10:00 at night happening in the parking . , -8- lot which I consider um airable. Another thing is he fact that the apts. are adjacent to the parking lot. I think that can create a real problem. The police chief of Beaverton also mentioned that the one in Beaverton Mall which is very well run, he felt the difference in the situation there was the fact that the parking was basically separated from the facility and that you have to go through Payless Mall or Bernard Mall to get to the area. I can see some raal problems with this type of thing. I would rather it be in a mall type of area I went to Pinball Wizard today on Stark St. and I'm glad you're not associMed with them. I'd like to ask this question. I take it with this kind of activity the presumption is there 'll be an increase I in the number of patrons going down to this area , the shopping center vad there 'll be an increase in the activity level there. I'm wondering if the Gilley Co. or wheever the landlored is has considred that increase and plans or proposed to increase the amount of patrols or the number of patrols thru there to control this kind of a situation that we 've been hearing about or are you going to maintain the same level of Immix patro/s and supervision that you had without this kind of an amusement center? Stevens: Well. . . we haven't determined what' it's going to take. You're ' telling us the bad environment that's there that you know you're apraising us of the difficulties. That's necessary and I think ittIl be brought into consideration. We haven't determined that ihat kind of a problem is necessarily corresponding to bringing this type of operation into a shopping center. You're saying the two go together by innuendo here and I don't think it's necessary, but if it is and that's what it takes I think that would definitely be in order. Porter: Can we get some into yOu or Mr. Fix a definite reply that if it is an order that proper patrols will be maintained. I half sit here and feel that you're paying for the problems that arentt yours. The young people are running around robbing and doing and dope and liquor and all this is not your problem and I don't think this is going to create it, but it does bring them together in an area and I think everyone is worried about is if this does happen, is it gonna be on the other citizens or are you going to take that as part of the responsibility ' of moth% conducting your business. Stevens: I think the answer to your question would have to be yes, but you know where does the operator's responsibility stop and Tigard Police and other municipal authorities start. It's a difficult question. I don't know. I don't want to have you coming back and saying we 're not having the National Guard out here, but yes we 'll have reasonable security. • - -9-, Popp: Mr. Moore. . . Moore: In talking to the Beaverton Police Chigf he said that they have literally held the hand of the operator where these problems are and he said it doesn't matter the amount of patrols that they • have and the operator, of all the people, doesn't want this going on because it hard on his business. I don't think it can beiicontrolled by the operator. It doesn't matter how good their intentions are or how many patrols they have. I just think this partictlar business in this particular location, which is really . . . (tape ran out on one side - part of discussion not recorded) Paul: . . .proposals you considered was turned down for lack of parking. Well, this does have parking. Now you have to make compromises I guess and this is the best one we could come up with. Is soundproof, was built for a bowling alley originally and this is the best we can do as far as finding a location. Moore: I rea4y don't think parking is a problem. Peak hours say is 9 or 11:00 at night. What other businesses are going to operate. Which also brings up the fact that what in the applicant's state- ment about the draw to the other businesse. Well most of the other businesses, I think Wigwam stays open til 9 or 10:00 at night, but most of the other businesses are closed. Paul: Oh you mean in our proposal? Moore: During the peak hours of your operation from 7 to 11, which you stated. . . I don't see that as being beneficial to. . . Paul: Oh, well, on the weekends I dxfilaiRig think it would definitely be a draw, because they are attended much jmore highly on the ueekende. Is there any other way that the security can be improved. How about lighting? . . .raise the lighting levels in the parking lots. Does that, . . I 'm sure you'll find that lighting has always served as a detriment to the type of activity you wish to avoid and I'm sure that by provididg additional lighting over the entire parking area that would serve to cut down a great deal of the problem that I think shows concern right now. Paul: I 'd like to say that in our lease part of the services provided by the owner of the property is security patrols) adequate lighting. We 're paying for it so there is an obligation on their part to provide proper servies to us to maintain a thriving business and I think that would be in order as a suggestion. 4 . ' -10- ( Popp: Any other diocussion or comments the CoIiuiissioners wish to make at this point? Phillips: Yes, is there a minimum age that you will not let a child come in unattended. Paul: We have (or have not - someone coughed and impossible to determine) anticipated that problem. I know in the Beaverton Mall they have no requirements like that as far as age. Moore: I believe there 's a state statute, I tried to find it today, • regarding pinball machines and age requirements. I think there is. I don't think tax= itl's an enforced statute, but. . . Paul: There are local ordinances, there is no state. . . Moore: Well, I was told it was a state statute. That's probably why I couldn't find it. Paul: It varies from location to location. Popp: Any other comments? We are all ready for motion iCanyone. . . Mr. Moore? Moore: I would like to make a motion that this be denied. I second. Popp: Alright, motion is made and seconded for denial. All those in favor of this motion signify by sayir,g 'aye ' . Those opposed signify by saying no. Motion is carried unanimous. Popp: Gentlemen , you do have the right of appeal to the City Council within 15 days from the date of this hearthng. . . • , . . . > ) • . 11'61' . i *1 • ......._... ._. ...... .. , )" 1%r 0 6,5 1 , , 11 It . P. .....--.. ,.. •in fV .. ' . .... Seri 1 ; ,. . (27 virlda.1,6-6„e.r. I 11 .. i 1 v,,,,.., , ■al t . . eee 4 i To 1 I(,) Fitppp r‘aiyier. 0 . pti,t, i •1.• ,-, r, ., f , , 4 , , n ,,,,,t,I, . 1 1 ■ i ,.. ■ „ q '8.1.;471 4' "" ''-' .' k , . ...... Is . . . . • ' 1 . . We • . . . , . . . , . . . . . . . • , . . * A ' t • 0 ) • . . 1 . 0 1 a 4 • • . • . . . . 4 . i ) ... . . . 1. e• 1.., ( '. . at. N F i I;s „ °Z"� d+ w`Wry vwh M.�c t , lye f'?' (t t r , �;, .;r• NIPA e 1°N 6? 1 3 ,,,,Ii., � f ti dp� -•l ) ✓. t;.4 'c , %\ OO ,r F YIF.Y• t r i } A I, ,: td(fi f+ t y v i ., i__.,_71113 omen IS M OE SOLELY MI THE PURPOSE OF. .SI11INA -''f a•LCIChtiNO SARA PREMISES AND THE'COMPANY Aas<tfMr,C N� tA0161TY ' • R VARIATIONS,IF ANY,IN DIMENSIONS AND IOCAllOile AS. `TAINED �� "' �''°`� Z > 11.CP �; �� TRAN$AMGRI ' IrLE ,�3, ,.�., i`- v • Y�#N;tUAI lSuRVEY. i1 INSURANCE 0,, MANY , ��� f ;,6', y`, pn ',.. + IP 1 ( ,rt k 4 ✓° is �P, tp- C', �, ca ', 1'^ ty, gy�pp,, A y P� '11 N n rr N1C r \`� f5.•,,,,, ,,.;:*-,�M. ,:.,w• t o°`I h %�' '!�i Ply: r.} r f■ Lt (� � , A 4 ,)N '}4 'a ^ „,6,t,,,,” S PA .. C HO r" ,'q 'rx W r i N La i� 4 t + 1 p 7■� ' _1 •,, • d 0 Z io pp r + k _ J,f I b 4 yy •,) , r.r n -. 0 4, 0 '' .„ :1 b it ,R°� j fir , r 1 rP p � / - � 1 ?Y1. iii 7 .n"',4 l k` a n E if G P k r { 4 n c (r � •• t I - CA A ', ,?..j,,c,-.) ,, 4 ,,J "� '� M` .40 ,`y A<�� �14M1a 1Y fryy lie'''''''.'" �pd y {N��+mot r ' ,, .1 (-",,,,) S‘ ;,;01 1.,.T., \,,,\ ._.„,...,,,yi r L: p; �7 f . flu i ^_ S 9 j,1 S1: �d t k fJy ^� G v,,,,, \ ''' 47x i ry✓fi C b C. dam(_3 / i ' CA❑ fr 4 . Gy; 1V n f-,r ' - to .' �.d I! iL� t i •co t I� f1' C.'R''�I a r - „x ° i i I.._ 0 aypa i; rF sl 5'2,ii ( '"- *•rr t n 3 �p Pr 'I, , 1 al > ` it d u' ,Q,• ,a :N, 1,.{4"1 ( � } �G ' �( ti' .t j �{ en ' p {{ rr /k,, � '_ t -�,ry -,.JC. V 4`p. +,,.A ..X t. :M L pp� 10. NN� r� 1' C a +r . C t9\`r�'CN9 J `'° 1N} _ ,pry Cl4 ty. � '4 _ , C ,, ,, ,',, ,,,,,,r1 .4k, ,,r, • ,,,▪ ,, pp ((•.t- ,., \44fV44 C k4 4 h cj , , • c, r, y 1 q k" ' , c:ici#,Ar4i. 1,'" :i• t ,, ,, 9 t: • 4, .. y er p R " N y b.. • .' ( - _ ^ . , I ` ` .. /~/ , '/. / ' . `. ' ' \ '~ ,, _ ' 411Utrl . |. �.� IiJ --� '~.' ' ' D 1 / ` , , . / � C` ` ' � . � � . ` � � ~' � ` ■ ' . � . | _. . ' ! ~�,, '' . [p [ / '/" ~ J. ' '' / ^ .. - | , ' ' / .. ..K . ] Ld ' ' . ." . ` D • ) , / { / . ..• • • ` . ■ ^' . ' ~ I Vr . ^ ' ' • ■ ~ r\ • .' -. . ■ . �. � ' � ~ |- 4 ,/, / ^ ' ' | u] ., ' -1/ �---4\'`. \ // . c /` \ ' �q c^' % ' x\ - |' ] . ' ] ' ` ' / `_ . • / -1. . . ` . ! ' . ' � 4. _ ] \ . i i==� ~~ . � ~ ; �^~r . . . `'' .�-�~-� [-. _ \ . ^_ , \ ' ' • • . . . l . , � / ' � \ - -1 \ \ . � �=�_==== �== � • � /•• / • ' . / / o � j I | o ' * ` / � � ' ^ - ` � • � °~,~� '- ` ~ ~.� -�^_ ~„~' I. '. - �' - ' !)' ' , ' ��'~' ~ � �} \��\ � ` � -~ ~�~ ' ' ' ,i ' '~ ~- ' ~ , ~~� ~' ~ • ' , . ~ .^ '~ . . � . , ~~�~ - .- ~~~. .~. ~ '~ ' �� \ ! _ " ,:',1. ----'�—'-�c_--�- ------. -- �-- - .