CU13-75 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PLEASE NOTE: The original paper record has been archived and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.
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--EUG 4-M. DCO p
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Conditional Use (Cu 13-75) -
Sales Nine-T-Nine
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July 30, 1979
• , Eugene Dooley
12335 2. W. 1arion St.
Tigard, Oregon 97223
Rot Conditional Use Application - CU 13-75
•
Dear Mr. Dooley«
The Tigard City Council, at their regular meeting of July 2u,
1975, approved your request for a Conditional Use Permit to
allow storage of automobiles on tax lot 11000 tax map 2S1-2AC0
according to the site plan submitted by you to the PanninG
Department and with the following conditions:
1. A redwood or cedar slat, 6 ft. cyclone fence be provided
as shown around the storage compound.
• • A paved driveway approach be provided cAnd sufficient
space between the buildtng and the enclosed storage area
remain to allow ruture parking,
3. Security lighting be provided.
4. The permit be valid for a two year period, when it will
be reviewed by the Planning Commission to determine if
the use should continue.
•.
XI: you have any questions or need additional information, please
do not hesitate to call this office at 639-41710
Sitioerely,
Doris Start
City Recorder
DIttps
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cc: Charles McClure
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5. MONITLN IlcoURTS8
(a) Administrati, n
• (b) Building
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(c) Finane
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(d) Library
(e) Planning
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(f) Police
,
(g) Public Works '
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(h) Motion to approves Councilman Cook; seconded by Councilman Moore.
(to .
. , Approved by unanimous vote of Council.
• ,0 6. APPROVAL OF EXPENDITURES & INVESTMENTS vilL211,22
(a) Motion to approves Councilman Mickelson; seconded by Councilman Cook.
Approved by unanimous vote of Council.
7. AUTHORIZE REFUND - Conditional Use Application - Arthur A. Remen & Melvin E. Knight .
q00 00
4, .
(a) City Planner synopsized history of application.
0 (b) Motion by Councilman Moo to authorize refund; seconded by Councilman Cook.
Approved by unanimcus vote of Council.
' Tc
8. APPEAL OF PLANNING COMMISSION ACTION - CONDITIONAL USE APPLIaATION - Nine -T-Nine Towing '
Service, Gene DutPy, 1258 S. W. Main Street (tax map 2S12AC tax lot 1101)
o .
( Public Hearing 8800 P. M.
(a) Statement of facts given by City Planner.
- ' (b) Public Testimony
Proponents
Attorney Chuck McClure representing applicant.
0 Opponents
0 , Lynn Wakem, Planning Commission member ,
, .) Attorney Bailey ruled testimony by a member of the Planning Commission was wit
appropriate; that the minutes would indicate all of the evidence from that Ilr'l 6
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.. Cross examination by Council.
Attorney McClure
. Cone Dooley
' ) Otto Sorg
(c) Public Hearing Closed
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(d) CoqsiderAtion of Testimony by Council.
Page Z - COUNCIL MINUTES . July 28, 1975
T':,
MtAion by C( u.r..,i.en-an, ( 0014 ,,cconded by Councilman ,04, ,
approved the following conditions:
(1) Redwood s1J...t. , 8' cyclone fence be provided as shown on subm4tted plan around the
storage compound.
(2) A paved driveway approach be provided and sufficient space between the building and
the storage area remain to allow future parking.
(3) Adequate security lighting be provided.
(4) A review by the Planning Commission at the end of two years to determine if use
should be continued or conditions modifled.
Motion approved by unanimous vote of Council.
9. APPEAL DESIGN REVIEW BOARD DENIAL - Tigard Water District - proposed addition of Water
District Office Building at 8841 S. W. Commercial,
Councilman Barkhurst abstained from discussion and voting.
Public Hearing Opened 800 P. M.
Discussion by staff and Council if a precedent would be set by hearing the appeal and 1r
held the hearing should be on the basis if the Design Review Board acted properly within
their legal charge. Concensus of Council was to hold a Public Hearing.
Testimony by applicant.
Clarence Nicoll, 9830 S, W. McKenzie, representing Water Board,
Bob Santee, Administrator of rigard Water District.
Testimony by opponent.
Gerald Olson
Cross Examination by Council.
■ Bob Santee
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Clarence Nicoll.
Consideration by Council of Testimony.
Motion by Councilman Cook to remand the matter back to Design Review Board for written
findings and :aasom to the applicant; and continue the Public Hearing to Augut5t 11, 19751
seconded by Councilman Mickelson.
..„" Approved by unanimous vote of Council,
Meeting recessed 9:55 P. M. - reconvened 1005 P. M,
4 10. APPEAL - PLANNING COMMISSION ACTION - 0, Mt Bonn & Kenneth Bunn
Request for approval of zone change from R-7 (single family residential) to R-7 Planned
revelopment, and for preliminary plat approval for an 8.5 acre, 70 dwelling unit.
Planned development proposed to the S. of S. W. Murdock St. and extending north along
S. W. 109th Avenue to S. W. Canterbury Lane, (tax lot 8800, tax map 28110AD)
(Continued from July 14, 1975 Council meeting. )
Page 3 . COUNCIL MINUTES - July 28, 1975
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CITY OF TIGARD
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the City
'.' Council at New Fowler Junior High Lecture Room, 10865 S. W. Walnut,
Tigard, Oregon on July 28, 1975, at 8:00 P. M. with respect to the
following applications:
1 .
An appeal by the 'igard Water District of Design Review Board denial
of an architectural review for a proposed addition of the Water District
Office Building at 8841 S. W. Commercial Street.
An appeal by Nine-T-Nine Towing Service of a Planning Commission denial
of a Conditional Use request to allow storage of towed vehicles at the
rear of the building located at 12568 S. W. Main Streets (tax map 2S12AC
tax lot 1101).
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All interested persons may appear and be heard in favor of or against
the said appeals.
BY ORDER OF THE CITY COUNCIL
Doris Hartig
TT Publish July 17, 24, 1975
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.... July 110 1975
. , Mr. Eugene M. Dooley
12335 SW Marion St.
Tigard, Oregon 97223
...
. Reference: File No. CU 13-75
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. . Dear Mr. Dooley:
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Please be advised that the Tigard Planning Commission, at their
•.„ July 1, 1975, meeting considerei your request to allow placing an
automobile storage area behind tuc building presently housing the
Tigard Library on S. U. Main St. and your request was denied.
Per the request of your attorney, Mr. McClure, the City Council,
: ..,. . at their regular meeting of July 14, 1975, will set a hearing date
. ., for your appeal, We expect this to be on July 28, 19750 and you
, .., . will receive official confirmation after the City Council meeting
.,. _ of July 14. ,
If you have any questions or need additional information, please
do not hesitate to call this office at 639-4171.
. . Sincerely,
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. , Jerald M. Powell, Assoc. AI?
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Associate Planner
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CHARLES J . McCLUR.E
ATTORNEY AT LAW
12425 5,W.MAIN STREET
TIGARD,OREGON 97223
TELEPHONE(508)63904108
July 2, 1975 RECEIVED
JUL. 9
CirYO:T-11014R7,05
City of Tigard
12420 S. W. Main Street
Tigard, Oregon 97223
Attt City Recorder
Re: Conditional Use CU 13-75 (Nine-T-Nine Towing
Service/Gene Dooley)
, .
Gentlemen:
This is to advise you that Mr. Dooley appeals the
Planning Commission decision of July 1, 1975 in the above
matter and to request that public hearing be placed on the
. . agenda of the City Council as soon as possible.
If there is anything further expected of Mr. Dooley
between now and the public hearing before the City Council
, - please advise me.
Very truly yours,
Charles a McClure
CJM/sv
cot E. M. Dooley
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MINUTES
Tigard Planning Commission
July 1, 1975
Twality Junior High School * Lecture Room
. ' . 14650 S. W. 97th Avenue, Tigard, Oregon
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1. CALL TO ORDER: Meeting was called to order by Vice-Chairman
. ,, Porter at 7:35 p.m.
2. ROLL CALL: Members present: Ball, Nicoll, Porter, Sakata,
. Smelser and Wakem; staff, Powell
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o Chairman Hartman attended the first portion of the
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meeting, but declined to participate as a Com-
mission member due to a conflict he had which would
require his early departure.
3. APPROVAL OF MINUTES: Minutes of June 17, 1975, were not yet
available.
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4. COMMUNICATIONS: None
5. PUBLIC HEARINGS
'. . 5.2 Conditional Use CU 12-75 (Colonial Texaco/Charles Dunn)
• A request to allow a car washing machine at the Texaco
t■ Station at 11465 SW Pacific Hwy. (tax map 251 36AD, tax
lot 5800) . This matter continued from June 17, 1975.
A. Public Testimony (continued)
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o Mr. Dunn produced a landscape plan showing restoration
..., of the site screening fence removed by the adjacent
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developer and indicated it was his understanding that
the develope4 would replace the fence after the con-
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struction was completed.
B. Staff Recommendation:
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Approval subject to applicant's re-establishing ground
. ., cover to the rear of his site and abatement of the
existing non-conforming signs and trash storage on
his site.
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C. Commission Discussion and Action
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o Commission discussed further the noise problem
. they had forseen in their earlier consideration
of this item. They discussed the necessity of
further landscaping as well as the desirability
of limiting2the operation to particular hours of
..-, operation.
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o Motion to approve (Ball) based on the conditions
that:
1. Application be submitted to Design Review
Board for review of the traffic flows on
,O the site.
, t 2. The hours of operation be limited to from
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1 4 8:00 a.m. to 8:00 p.m. , based on the findings
,. ■ that so conditioned the project would not
) have adverse effects on the community, would
conform to the Tigard Comprehensive Plan
and would fulfill a community need for the
proposed use.
o Seconded (Nicoli)
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. o Motion carried unanimously.
, -) , I. Zone Change ZC 6-75 (Younger & Neu)
A request for an amendment to the Tigard Zoning Map from
R-7, Single Family Residential, to A-2, Multi-Family Resi-
dential, for a 9.05 acre parcel located west of SW Hall
Blvd. , 600 ft. north of Pfaffle.
A. Staff Report
Staff report was read by Powell, Additional graphic
materils were explained.
. - • B. Public Testimony .
)
o Neither the applicant nor his representatives
appeared.
, o No one appeared in favor.
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o Opposed: Property Owner, SW Hall Blvd.
Lee Miller, SW Spruce St.
W. A. Earls, 11185 SW Hall Blvd.
Property Owner, 11165 SW Hall Blvd.
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L.,, Mr. 8( Mrs. Charles Widinger, 8850 SW Thorn
John Pickitt, address unknown,
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7 All the above appeared in opposition to the pro-
.-. posed amendment.
C. Staff Recommendation
Not given.
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) D. Commission Discussion and Action
o Motion to deny (tall) .based on findings that no
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PC Minutes - 7/1/75 - page 2 i
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; corroborative testimony had been offered by
applicant and the impact on the neighborhood
appeared great,
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o Seconded (Wakem)
o Motion carried unanimously.
, . .. 5.3 Conditional Use CU 13-75 (Nine-T-Nine Towing Service/
Gene Dooley)
A request to allow placing an automobile storage area behind
the building presently housing the Tigard Library on SW
Main St. (tax map 2S1 2AC, tax lot 1101) . (Continued from
June 17, 1975) .
o Sakata excused herself from this item, declaring she
. ' had a conflict of interest.
, A. Staff Report
. . .
Read by Powell.
B. Public Hearing
9 y
' o Mr. Charles McClure, attoryney for the applicant,
testified as to the service Mr. Dooley performs
for the community, the insignificant impact of •
the proposed project and the lack of adequate
, alternative sights.
C. Staff Recommendation
o Approval, on conditions that:
1. A redwood slat, 8 ft. cyclor?e fence be pro-
vided as shown around the storage compound.
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2. A paved driveway approach be provided 'and
sufficient space between the building and the
i . enclosed storage remain to allow future park-
,
• ing.
D. Commission Discussion and Action
o Ball asked about interference of the fence with
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flood plain.
o Staff responded that they felt the fence would not
interfere with the passage of flood waters. •
o Nicoli said he thought the driveway approach was
11 ok without paving.
' , o Motion to approve (Nicoli) .
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PC Minutes - 7/1/75 - page '3
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o Ball asked Nicoll if he would amend his motion to
I= foy3rblle '! 1itinoreTTelial
use Witla ; anrag ! ::isoTrivinthelq
at the end of that period of time.
o Nicoli said he was agreeabl e. to the amendment,
o Seconded (Ball) .
.'' . o Wakem said that he felt this conditional use was
'.. not within the intent of the N.P.O. #1 Plan, as
4 . adopted by the City Council as part of the Com-
prehensive Plan, and he felt the policy statement,
4 . which spoke to the need to improve the Main St.
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... business area, was violated by this action.
. , o Question called by Nicoli.
o Motion failed 3-2 (Wakem, Smelser, Hansen voting
against) .
,. o Chairman Porter indicated that he felt unconvinced
of the adverse impact of the project.
o Mr. McClure told the Commission that he felt that
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Hansen should have disqualified himself in the
voting and asked if the Commission would reconsider
I.. , its vote.
. . .,
o Porter indicated that disqualification, in fairness,
is a matter up to the individual Commission member
and that the question had been defeated.
Conditional Use CU l+-75 (TCT Supply Co. )
, .
A request to allow a retail auto parts store on a C-3M
zoned site located at 12200 SW Main St. (formerly Haney
4 . Magnavox) .
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A. Staff Report
...
Read by Powell
— B. Public Testimony
1.. 1 o Alan Holcombe appeared for Doug Martel, the appli-
cant, and spoke in support of the project and
I . addressed the required conformance questions
after I'Vesanols.
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C. Staff Recommendation
.);
Staff recommended approval subject to provision of
additional landscaping on the sidewelick lines and in
4 lot
front of the building.
,
PC Minutes - 7/1/75 - page 4
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D. Commission Discussion and Action
o Motion for approval (Ball) per staff recommendations. :.
o Seconded (Wakem) .
+' o Motion carried unanimously.
6. SUBDIVISIONS
6.1 MLP 4-75 (Sabre Construction Co./S. W. Landmark Lane)
An application to allow the partitioning of a part of tax
lot 600, NE 1/4 of section 12, Township 2S, Range 1 West,
W. M. , located at the end of SW Landmark Lane, west of 72nd
Ave. (tax lot 600, tax map 251 12A) .
A. Staff Report
If
tl.., Read by Powell. Location of the proposed partitioning
pointed out on display maps provided for that purpose.
B. Public Testimony
o Mike McGee, Sabre Construction Co. , explained the
need fora minor land partitioning to accommodate
a new project
o No one spoke in opposition.
C. Staff Recommendation 1,
Approval on condition that the remaining conditions
of Landmark Lane major land partition be satisfied.
D. Commission Discussion and Action ;.
, ,' o Motion to approve (Hansen) subject to staff •
' recommendation.
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` I. o Seconded (Smelser) .
o Motion carried unanimously.
7, SIGN CODE APPEAL SCA 1-75 (Lincoln Properties)
�'t .A request for an extension of a 90 day permit for an oversized
real estate sign located adjacent the Beaverton-Tigard Expressway.
A. Staff Report •
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Staff report, with recommendations for approval for
1, an additional 90 days, on condition that the appropri-
ate permit is obtained for the site; that total sign
C Minutes - 7/l/75 - page 5
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•' • MOMMENNOMMINOMMIUMIMIIMMIMMIIWNW611.131MMIOMMIMIUSIMMOIMMUMMINE ,
area is not to exceed 32 ft. and that sign is to
be relocated so as not to constitute a hazard to
.motorists, read by Powell.
B. Public Testimony
No one appeared.
1" C. Commission Discussion and Action
o General discussion of the appropriateness of the
sign as presently located ensued.
0 o Motion to approve subject to staff recommendatons
: (Hansen) .
o Seconded (Smelser) .
o Motion carried unanimously.
8. OTHER BUSINESS
o Commissioner Ball brought up the topics of recent legal
cases in the area of land use law, citinE apecifically
Baker vs. Milwaukie. Ball asked the Commission to re-
quest a discussion by the new City Attorney of these
cases before the Commission. .
•
o Porter pointed out that there were a number of unresolved
issues previously attempted by the Planning Commission
over which they had asked some time ago to confer with
the City Council in order to discuss the particular
policies germaine to the issues involved.
o Wakem pointed out that it may be valuable to orient the
Council to the Planning Commission's thinking with
respect to planning and that such a meeting would be
necessary in order to establish rational priorities
•, . for future legislative matters. An example cited was
that of outdoor advertising signs and the amendment
of the Sign Code.
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o Sakata asked that the staff address the issue of zoning
ode enforcement. She stated that she personally had
noticed, and it had been frequently brought to her
attention, that conditions applied by the Planning
) Commission to conditional uses were not being adhered
to aLd that other zoning code violations were becoming
commonplace.
o Tt was suggested that revocation of conditional uses is
) a Planning Commission power and that a check list of
conditional uses and their cdroriqtionS should be estab-
lished for a vigorous enforcement program.
9. ADJOURNMENT: 10:50 p.m.
PC Minutes - 7/1/75 - page 6
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NOTICE OF PUBLIC HEARING
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CITY OF TIGARD PLANNING COMMISSION .
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Notice is hereby given that public hearings will be held by the Planning
Commission of the City of Tigard in the Twality Junior High Sch .ol
, . Lecture Room, 14650 SW 97th Avenue, Tigard, Oregon. Said hearings will ..I
occur on June 17, 1975, at 7:30 p.m. and will concern the following:
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o A request by Gene Dooley of Nine-T-Nine Towing Service to
place an automobile storage area behind the building presently
housing the Tigard Library on SW Main St. (tax map 251 2AC, f
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tax lot 1101) .
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, ) All persons having4 an interest in these matters are invited to attend
and be heard.
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STAFF REPORT
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Tigard Planning Commission
July 1, 1975
Agenda Item 5.3
CU 13-75 (Nine-T-Nine Towing - Eugene Dooley)
Conditional Use
for an automobile storage lot to be located behind 12566 SW
Main St. on an unimproved rear portion of the building site.
Staff Findings
1. Due to a discrepancy in the original application for this
conditional use permit, the matter is continued from June
, 17 at the applicant's request.
2. Auto storage, like all outside storage, is allowed in a
C-3 zone as a conditional use when ". . . essential or in-
cidental to any permitted use in the C-3 zone. . . "
3. An automobile service station (incidental repairs) , auto-
mobile repairs, painting and upholstery, automobile and
trailer sales areas and automobile parts and accessory
sales are all conditionally allowed in a C-3 zone.
4. The site proposed is zoned C-3 and is designated "general
commercial" by the Tigard Comprehensive Plan (NPO #1 Plan) ,
excepting that portion in the flood plain of Fanno Creek
which is designated "Greenway".
5. The sites generally east and west of the site on Main St.
are zoned C-3 and are in commercial use. The vacant land
to the rear is zoned A-2 on the west side of Fanno Creek
and _presently M-4 on the east side.
6. Present use of the site is a commercial building housing
the Tigard Library and a wholesale book company (Lanson's) .
Total full time equivalent employment of these combined is
approximately 9 persons. Additionally, there is approxi-
t;
mately 2500 sq ft. of vacant space in the rear of the
building. The floor area of the building is approximately
12,000 sq. ft. (This figure is scaled off a map and may be
20% to 30% off) . The building occupies the front 100 ft.
of the lot. The lot dimensions are approximately 50 ft.
wide by 450 ft. long.
7. A small amount of off-street parking is available in front
of the building in the sidewalk and front setback area,
although no designation of parking spaces exists there.
1 An unpaved drive extends alongside the building to an area
in the rear where parking could be possible if suitably
developed and maintained.
•
8. Staff Estimates the parking demand of the building (assuming
50% of the gross area of the building is usable office and
sales area and the rest is storage) at 10 to 12 parking
spaces. Tigard zoning code, as currently written, would
require a minimum of 31 parking spaces.
9. Applicant proposes to provide a sight obscuring fence around
his proposed storage area.
10. The area proposed for auto storage is located partly within
the flood plain district as identified by Ch. 18.57, Tigard
Municipal Code. Exact extent of the high water or location
of the flood plain boundary has not been verified although
the U. S: Corps of Engineers flood profile shows the ele-
. vation of a 100 year flood at the adjacent Main St. bridge
as 150' MSL. Elevation of the 1973 flood at the Main St.
bridge was 149' MSL. Tigard's flood plain district ordinance
. allow parking areas, if suitably protected from erosion,
in the flood plain.
11. Nine-T-Nine towing, until recently, leased a 100' by 100'
lot in the rear of Knause Chevrolet. At the time of appli-
cation there were 19 cars in it.
12. Site Development Plan and Architectural Design Review is
required for existing buildings when a major remodeling is
undertaken.
Staff Recommendation
to be advised after close of public hearing
)
PC Staff Report - July 1, 1975 - page 2
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i NOTICE OF PUBLIC HEARING
CITY OF TIGARD PLANNING COMMISSION
,-. Notice is hereby given that public hearings will be held by the Planning
Commission of the City of Tigard in the Twality Junior High School
., Lecture Room, 14650 SW 97th Avenue, Tigard, Oregon. Said hearings will
occur on June 17, 1975, ..t _7:30 p.m.. and will concern the following: ,
.
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o A request by Gene Dooley of Nine-T-Nine Towing Service to
place an automobile storage area behind the building presently
housing the Tigard Library on SW Main St. (tax map 2S1 2AC,
tax lot 1101) ,
)
All persons havinglan interest in these matters are invited to attend
and be heard.
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EXCERPTS FROM THE JULY 1, 1975, PLANNING COMMISSION MINUTES
PERTAINING TO CONDITIONAL USE REQUEST CU13-75 (EUGENE DOOLEY)
5.3 Conditional Use CU 13-75 (Nine-T-Nine Towing Service/
„ Gene Dooley)
A request to allow placing an automobile storage area behind
the building presently housing the Tigard Library on SW
Main St. (tax map 2S1 2AC, tax lot 1101) . (Continued from
June 17, 1975) .
Sakata excused herself from this item, declaring she
had a conflict of interest.
A. Staff Report
Read by Powell.
*
B. Public Hearing
•
O Mr. Charles McClure, attoryney for the applicant,
testified at to the-service. Mr.. Dooley- performs
for the community, the insignificant impact of
the proposed project and the lack of adequate
alternative sights.
C. Staff Recommendation
o Approval, on conditions that:
( . A redwood slat,, 8 ft. cyclone fence be pro-
, vided as shown around the storage compound.
. A paved driveway approach be provided and
sufficient space between the building and the
enclosed storage remain to allow future park-
, ing.
D. Commission Discussion and Action
o Ball asked about interference of the fence with
flood plain.
O Staff responded that they felt the fence would not
interfere with the passage of flood waters.
O Nicoll said he thought the driveway approach was
ok without paving.
o Motion to approve (Nicoll) ,
PC MinutoPi - 7/1/75 - page '3
k
4
o Ball asked Nicoli if he would amend his motion to
put a two year time restriction on the conditional
use with a Planning Commission review to be held
t the end of that period of time.
o Nicoli said he was agreeable to the amendment. •
o Seconded (Ball) .
o Wakem said that he felt this conditional use was
not within the intent of the N.P.O. #1 Plan, as
adopted by the City Council as part of the Com-
prehensive Plan, and he felt the policy statement,
which spoke to the need to improve the Main St.
business area, was violated by this action.
o Question 'called by Nicoli.
o Motion failed 3-2 (Wakem, Smelser, Hansen voting
against) .
Chairman Porter indicated that he felt unconvinced
of the adverse impact of the project.
o Mr. McClure .told the Commission that he felt that ,
Hansen should have disqualified himself in the .
voting_and asked if the' ComMission would reconsider
its vote.
o Porter indicated that disqualification, in fairness,
is a matter up to the individual Commission member
and that the question had been defeated.
5.4 Conditional Use Cu' 14-75 (TCT supply Co. )
A request to allow a retail auto parts store on a C-3M
zoned site located at 12200 SW Main St. (formerly Haney
Magnavox) .
A. Staff Report
Read 'by Powell
B. Public Testimony
o Alan. Holcombe appeared for Doug Martel, the appli-
cant, and spoke in support of the project and
addressed the required conformance questions
after uFasano" ,
C. Staff Recommendation
Staff recommended approval subject to provision of
additional landscaping on the sides s,Or line b and in
front of the building". lot
, t
PC Minutes - 7/1/75 - page 4
,0446iww.
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MINUTES .
Tigard Planning Commission
June 17, 19 5 .
. ,
. Twality Junior High School - Lecture Room .
14650 SW 97th Avenue - Tigard, Oregon
1. CALL TU ORDER: Commissioner Ball opened the meeting at 7:35 p.m.
. in the absence of Chairman Hartman.
,
, 2. ROLL CALL: Commissioners present: Ball, Nicoli, Popp, Porter,
-. Sakata, Smelser, Wakem; staff, Powell
o Ball introduced Dan Smelser as new member of the Tigard • ,
. Pldhning Commission.
o Nominations for vice-chairman were then opened by Ball.
' .
,., o Porter nominated for vice-chairman (Popp) .
.
o Seconded (Wakem)
o Ball asked if there were any other nominations.
o There being none, Popp moved to close nominations.
,
o Ball declared a unanimous ballot for vice-chairman Porter.
o Porter assumed the chair. .
• .
'4 3. APPROVAL OF MINUTES: Minutes of June 3, 1975• o Ball observed that he had made the presentation to Whittaker
of the "appropriately inscribed shovel".
, %
o Porter observed that on page 5 on agenda item 4.1, his pur-
pose was to ascertain whether the "donation" of park land was ..
. valid under the original planned residential district approval ,
and whether the "park" dedicated on the PR Plan was enforceable.
, . '
,
,,..., o The minutes were then approved as amended.
4. COMMUNICATIONS: None.
H )1 5. PUBLIC HEARING
5.1 ZONE CHANGE ZC 5-75 (N.P.O. #2 Rezoning)
A request by the City of Tigard for rezoning of certain lands , .
within the boundaries of NPO #2 (Greenburg-Brookside) to con
i. . form with the adopted Comprehensive Plan. (Continued from
I June 3, 1975) , . .
. . .
.. ,
ariiiiillIWIEBE. 4;1'r's
A. Staff Report
o Staff report was read and appropriate slides of
Greenburg Rd. were shown by staff.
B. Public Testimony
o Proponents - Testimony of NPO #2 had been given at
the June 3 public hearing
o Opponents - Art Tarlow, representing Dr. Davis, again
% asked the Commission to reconsider re-
zoning of the Davis property.
C. Staff Recommendation
Approval as submitted
D. Commission Discussion and Action
o Popp said that he felt no sufficient case had been
presented to revise the recommended plan of the NPO
and he felt that duplexes, which could be developed
lzpbrog:vtie.sutslreita; revised zoning, would be an .
o Ball indicated that he felt the NPO ought to be pre-
pared to defend its reasoning in front...of the City
4 ett
Council, especially with respect to the Davis site.
o Motion to recommend NPO Plan as presented (Popp) .
o Seconded (Ball) .
o Motion passed (Nicoli against) .
5.2 CONDITIONAL USE CU 10-75 (Western Tri-Corporation)
A request to allow warehousing and wholesale distribution
in an M-40 Industrial Park zone, at 9282 SW Tigard Ave.
(tax map 2S1 2AB, tax lot 1900) .
A. Staff Report
o Staff report was read by Powell.
B. Public Testimony
Proponents:
o A real estate agent for the owner, Atlas Land Co. ,
described the project and the proposed permitteets
space in the project and stated that the owner was
prepared to clean up the site to conform with City
ordinances.
PC Minutes - 6/17/75 - page 2
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o Ricxx Thomas, one of the applic' ,ts, stated that the
name of the applicant had been changed to Tri-Americas
Corp` from Western Tri--Corp. and he described the
nature of the business.
Opponents:
o Mr. Vern Risberg, adjacent property owner, stated
that he was opposed to further industrial develop-
meIt near his apartments.
C. Staff Recommendation
Approval subject to the owner providing marked parking
places adequate to meet City requirements and abatement
of nuisances present on site.
D. Commission Discussion and Action
o Motion to approve (Popp) .
o Seconded (Ball) .
o Smelser asked about further development in the area.
o Staff described the probably development of adjacent
site.
o Motion carried.
5.3 CONDITIONAL USE CU 11-75 (C.L.B. Enterprises)
A request to allow warehousing and wholesale distribution
of pet supplies in an M-4, Industrial Park zone, at 8900
SW Burnham ( "Security Storage") . (Tax map 251 2AD, tax
lots 2200 and 2300) .
A. Staff Report
Read by Powell; pertinent slides were shown of the
"Security Storage" project and the applicant's space.
B. Public Testimony
Proponents:
o Mr. Bratton, applicant, described his proposed
operation.
o Sakata asked the applicant about overnight parking.
o Applicant indicated he would comply with whatever
requirements the Commission levied.
o Steve Mozinski, representing the developer (Randall
Construction Co. ) indicated that they would comply
n 4
' PC Minutes M- 6/17/75 page 3
. . .
,
. . .
with any conditions and that Randall was attempting
to bring the project into full compliance with
Tigard Code. He stated that steps had been taken
to provide adequate parking and to develop a sign scheme
' per previous Commission actions and he explained that
, trash collection was up to the individual tenant.
Opponents
°
, None appeared.
, C. Staff Recommendation
, Approval with a condition that 4 parking spaces be pro-
vided and marked for C.L.B. and that all code requirements
as pointed out in staff report be adhered to.
D. Commission Discussion and Action
- ,. .
o Moved to approve (Ball) subject to staff recommended
conditions.
. o Seconded (Wakem) .
.
o Motion carried.
'
. , 5.4 CONDITIONAL USE CU 12-75 (Colonial Texaco/Charles Dunn)
A request to allow a car washing machine at the Texaco
. • Station at 11465 SW Pacific Hwy. (tax map 2S1 36AD, tax
lot 5800) .
,
_ A. Staff Report
Read by Powell; appropriate slides were shown.
. .
• B. Public Testimony
, • Proponents
1111 o Mr. Dunn, the applicant, testified in his own behalf.
o Lyle Evans, producer of the car wash in question,
testified that the car wash would create little noise,
•
no pollution and would create no nuisances.
o Don Williams, Elbee Mfg. Co. , testified on behalf
III/
::.the car wash company.
o
Stanton L. Lenko spoke in favor of the car wash.
o Mr. Gerry Snyder spoke in favor of the car wash.
Opponents
PC Minutes - 6/17/75 - page 4
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o Mr. Harold Carlson, a neighbor, spoke in opposition
to the car wash. He said that he lived 150 ft. from
the car wash site and that he was opposed to the
noise and air pollution from the additional cars to
. be introduced to the rear of the service station by
the presence of the car wash.
o Mr, Bill Morrison stated that he represented the
entire neighborhood and that he had been asked to
appear and specify the neighborhood's opposition.
C. Staff Recommendation
.
Staff recommended approval with conditions:
0 '
. 1. That no portable or A-frame signs are to be located -
,
on the site and all other signs are to be brought
. , into conformance with Tigard code.
2. There is to be no outside storage or display of
tires or other automobile accessories.
#
3. Trash and debris is to be confined to the collection
area to the rear of the building, as provided on the
'
general station plan.
. 4. Applicant is to provide and maintain landscaping and
screening per code requirements.
5. Sight obscuring screening along the west line is to
be replaced and the area to the rear of the service
station is to be neatly landscaped and covered with
appropriate groundcover materials. .
D. Commission Discussion and Action 1
o Popp questioned the requirement for sight screening
stating that staff should have a more positive
recommendation identifying specifically where screen-
I,,
ing should be.
o General discussion of screening requirement followed.
o Motion to table (Wakem) .
o Seconded (Ball) .
Ill o Motion carried.
5,5 CONDITIONAL USE CU 13-75 (14ne-T-Nine Towing Service/Gene
Dooley)
A request to allow placing an automobile storage area behind
PC Minutes - 6/17/75 - page 5
4 .
the building presently housing the Tigard Library on SW
Main S . (tax map 2S1 2AC, tax lot 1101) .
o Staff stated that the applicant had requested a motion
to table on the basis that there was an error in the
application and that they needed additional time to
6
• correct that error.
o Porter asked if anyone was in attendance for this hearing.
o Mr. Otto Sorb stated that he was present for the hearing.
o Porter asked that the staff report be read.
A. Staff Report
.
Staff report was read by Powell. Slides of the sight
were available, but not shown.
B. Public Testimony
Porter asked Mr. Sorg if he had any testimony to enter.
Mr. Sorg indicated he did not.
• Porter asked for a motion to table.
• Motion to table (WaXem)
o Seconded (Popp)
o Motion carried.
6. SUBDIVISIONS
6.1 MINOR LAND PARTITION ML? 3-75 (Leron Heights #3/J.A. Paterson)
• A request to allow partitioning of a part of 10t S2, Leron
Heights #3, for a single family home site on SW 116th,
600 ft. north of Katherine St. (tax lot 1200, tax map
1S1 34CD) .
s'•
A. Staff Report
r
Staff report was read by Powell, as amended, to include
recommendation to approve in view of additional infor-
mation submitted by applicant prior to the hearing.
Recommended conditions of approval were:
1. A cul-de-sac be provided at the south end of 116th
Ave.
2. That the finished floor elevation be . ot less than
164 ft. MSL.
3. The foundation and footing b be *properly engineered
for resistance to erosion and settlement.
PC Minutes - 6/17/75 - page 6
B. Public Testimony
o Mr. 0', A. Paterson, applicant, spoke on behalf of
his proposed partitioning and requested that the
Commission not require a cul-de-sac as he felt it
was unnecessary. Mr. Paterson indicated he agreed
with the other provisions requested by staff.
C. Commission Discussion and Action
o Commission discussed the need for a cul-de-sac at the
end of 116th and the probability that 116th might
be connected to the north end of the south portion
of 116th, crossing Summer Creek.
o Motion to approve (Smelser) per staff recommended
conditions.
o Seconded (Ball) with an amendment to staff recommended
condition No. 1 (that a cul-de-sac be provided) to
require the applicant to promote a local improvement
district for the purposes of developing said cul-de-
• sac, if that amendment would be acceptable to Mr.
Smelser.
o Smelser indicated the amendment was acceptable to him.
o Motion carried (Sakata and Nicoli against) .' '
7. OTHER BUSINESS: None
8. ADJOURNMENT: 1140 p.m.
11
PC Minutes - 6/17/75 pgge 7
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STAFF REPORT •
Tigard Planning Commission
June 17, 1975
Agenda Item 5.5
•
Cu 13-75 (Nine-T-'Nine Towing - Eugene Dooley)
Conditional Use
for an automobile storage lot to be located behind 12566 SW
Main St. on an unimproved rear portion of the building site.
Staff Findings
1. Auto storage, like all outside storage, is allowed in a
C-3 zone as a conditional use when tt. . .essential or in-
cidental to any permitted use in the C-3 zone. . . '
2. An automobile service station (incidental repairs) , auto-
. mobile repairs, painting and upholstery, automobile and
trailer sales areas and automobile parts and accessory
sales are all conditionally allowed in a C-3 zone.
3 The site proposed is zoned C-3 and is designated ttgeneral"
commercial" by the Tigard Comprehensive Plan (NP0 #1 Plan) ,
Ai • excepting that portion in the flood plain of Fanno Creek
which is designated "Greenwaytt .
4. The sites generally east and west of the site on Main S .
are zoned C-3 and are in commercial use. The vacant land
to the rear is zoned A-2 on the west side of Fanno Creek
and presently M-4 on the east side.
5. Present use of the site is a commercial building housing
the Tigard Library, a wholesale book company (Lansonts)
and an auto parts store (Valley Auto Parts) . Total full
time equivalen employment of these combined is approxi-
mately 14 persons. Additionally, there is approximately
2500 sq. ft of vacant space in the rear of the building,
The floor area of the building is approximately 25,000 sq.
ft. (this figure is scaled off a map and may be 20 to 30%
off) .
6. A small amount of off-street parking is available in front
of the building in the sidewalk and front setback area.
Unpaved drives extend around both sides of the buAding to
an area in the rear where parking could be possible if
suitably developed and maintained,
7. Staff estimates the parking demand of the building (assuming
that 50% of the gross area of the building is usable office
and sales area and the rest is storage) at somewhere around
30 parking spaces,
•
r-
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8. There is presently no sight obscuring screening to the rear
of the site (adjacent the residential zoned area) .
9. The area proposed for storage has been subject to partial
inundation by high water at flood stage on Fanno Creek.
Exact extent of the high water or location of the flood
plane boundary has not been verified although the U. S.
Corps of Engineers flood profile shows the elevation of a
100 year flood at the adjacent Main St bridge as 150°
MSL. Tigard's flood plain district ordinance allows
parking areas, if suitably protected from erosion; in
the flood plain.
10. Nine-T-Nine towing presently leases a lot in the rear of
Krause Chevrolet. At present there are 19 cars in it.
°
Staff Recommendation
to be advised after close of public hearing.
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AFFIDAVIT or PUBLICATION
STATE OF OREGON,
Industrial Park zone, at 8900 SW
r COUNTY OF WASHINGTON', ss' NOTICE OF PUBLIC HEARING Burnham'("Security Storage"),
CITY OF TIGARD trot neap 2S1, 2AD, tax lots 2200
PLANNING COMMISSION 2300).
I' "' asOp h..s.tthaxer. heNadotnigcse Is
Will be heldiby the Planning g ° A request by Charles Dunn for a
Commission of the City of Tigard in th; conditional use permit to allow a
being first duly sworn, depose and say that I am the publisher. ..„».._ .._..,, Twality Junior High School Lecture car washing machine at the Tex
Room,14650 SW 97th Avenue,Tigard, co. station at 113165 SW Pacific
•, —of The Tigard Times, a newspaper of general circulation, as defined Oregon. Said hearings will occur on Hwy,(tax map 2S1 36Ad, tax lot
June 17,1975,et 7;30 p,m,and will con, 5800),
cern the following; ° A request by Gene Dooley of Nine-
by ORS 193,016 and 103,020, published at Tigard, in the aforesaid county and g T°Nine Towin Service to like an
• • � °A request by Western Tri•Corporaa g p
• stoic, that the legal notice, a printed copy of which is hereto annexed, Was tion for conditional use permit to automobile storage area behind
allow warehousing and wholesale the building presently housing the
• ' distribution in an M-4 zone at 9282 Tigard Library on SW Main St.
published in the entire issue of said newspaper for »» _..,..,successive and SW Tigard Ave,(tax map 2S1,2AB, (tax Map 2S1,2AC,tax lot 1101),
•
tax lot 19001 All persons having an interest In
° A request by C,L.B,Enterprises for these matters are invited to attend and
consecutive weeks In the following !sauce a,» , »..........................»..».,..»,.,.......,.�.� � y be heard.
a conditional use permit to allow
•
warehousing and wholesale distri� 2407—Publish June 8, 1975)
-»- button of pct supplies in an M•4, (TT
•
Subscribed and sworn to before nie this »»_9.h].....,��day of,.,a,.».,,
• Jtal a 19....7
,.,».,,.a.,,..,,,»,. . Notary.Public of Oregon
My commission expired
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1/(
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ss.
City of Tigard.
I, Patricia Samuelrich, 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 Exhibit A) pon each of the
following named persons on the 6--y day of , 44
197 , by mailing to each of them a the address own on the
attiched list (Marked Exhibit B) , said notice as hereto attached,
dep sited in the United States Mail on the day of
) 1975, postage prepaid.
0`14-1A-4'e-Z
• •
Subscribed and sworn to before me on this 6064. day of
et,14.
r
ZZ
Notary • •li of •regon
.4119ifirgititO%
• My commission expires: r
. .
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(4) •
S . Notice of Public Hearing sent to the following re CU 13-75 (Sales
Nine-T-Nine Towing)
•
•
MAP TAX LOTS NAME AND ADDRESS
2S12AC 1101 John & lois Gulley
14095 SW Hargis Rd.
• Beaverton, Or. 97005
• • 1100 Ralph H. Dunford
. .
c/o Otto Sorg
8000 SW Pfaffle - Tigard
200 Howe Lee
11775 SW Greenburg Rd. - Tigard
700 Harold Boehi
c/o John & Florence Dolan
7344 SE Foster Rd.
Portland, Or. 97206
800 J. C, & Bertha Josephson
12551 SW Main St. - Tigard
. .
. .
If
ZONE CHANGE - CONDITIONAL USE - VARIANCE - TEMPORARY USE - NON-CONFORMING
USE REQUESTS
APPLICATION File # CU 13-75
Fee Reold $100.00
Tigard Planning Commission 639-4171 Receilot # 12199
12420 SW Main St., Tigard, Oregon 97223
Date Recld. 6/5/75
By PS
• PLEASE PRINT. IN INK OR TYPE
• Action Requested Conditional Use
Applicant's Name EUGBINB M. DO0LBY Phone 639-2133
Applicant's Address 12335 5. W. Marion St. Tigard Ore oh 97223
---Tareet) -TCTITT-- state zip
Owner's Name Ralph H unford., Jr. and Winifred A. Dunford Phone 1-588-4754
• Owner's Address Route 43, Box 675 Dundee oregon 97115
street city state zip
Applicant is: Owner Contract Purchaser Developer Agent
Other x Lessee of conr.a.o.t purchaser, 0 .o Sorg
Owner Recognition of application: , Ag
. 4
' -
signature ofro-ner s
Person responsible for application Eugene M. 0001eY
12335 S. W. Marion Street Tigard ________Oregon 97223
*--- (877) state 1----5117-
PROPERTY INVOLVED: Tax Map # 2S1-2AC Tax Lot(a) 1100
Address 12566 S. W. Main Street Area .68 (acres)
Existing Buildings (# and type) ohe 2-017,9ry_ aulili.r.4rY and
ofices. Will use area behind building.
Current zoning Current Use Vacantgt___
Applicant's Applicant's
Proposed Zoning Proposed Useo'ae of Autos
SUBMISSION REQUIREMENTS: Title Report x IlVasanogRequirements
Legal Description k Vicinity Map
x Tax Map Site Development Plan
•IL • Site Plan
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.
ZONE CHANGE .- CONDITIONAL US E>L VARIANCE - TEMPORARY USE - NON-CONFORMING
, 1 USE REQUESTS
APPLICATION File # a U /3-- 0 5
Fee Rec'do /o a,aer
, Ti and Planning Commission 639-4171 Receipt # 12)q
12420 SW Main St. , Tigard, Oregon 97223
. Date Rec'd. (d,-`5"--0 5"
Bye
PLEASE PRINT IN INFO OR TYPE
,.; Action Requested S c�, woN
- Gw`C .213<'3
• Applicant s Name :., -.to ti v Phone
Applicant's Address I . �3. a). tgArLireN'4. --- 6 (L ) A 2 x ' dP..,;
street) (city state / zip
t s� 1 Phone 6. ,r/41,4)
Ownerts Name. . ...... . ��/� :,��,iwC _ _ _ �.. _._ ___ �
a �5, �
Owners Address ;t street it state) /zp) 2
s (
Applicant is: Owner_ Contract Purchaser Developer Agent
Other,„ G rri,e C
Owner Recognition of application: ``` ° Wf t°~° "ry
■
signature o owner s
Person responsible for application �, • C=. do C.
v ,193
I d ai( /Z c ._
.., (street) (city) state zip
PROPERTY INVOLVED: Tax Map # 5 I P 4cTax Lot(s)_//121,_______
0_ 5 Area ,(acres)
Address. /�� �� �,�� it , �,.�f� ��,-r� ,.°:� ,,.
Existing Buildings (# and type --- a k X . d r w
•
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Current zoning Current Use _ Ol C c h 7 77
Applicant's Applicant's
Proposed Zoning Proposed Use_L 70.r_4_ _____1_1_a..A.Lo.
SUBMISSION REQUIREMENTS; Title Report "Fasano"Requirements
.
Legal Description Vicinity Map
Tax Map Site Development Plan
_._ Site Plan
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