Planning Commission Packet - 09/04/1973 POOR QUALITY RECORD
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please contact City of Tigard Records Department.
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Irk,< AGENDA
TIGARD PLANNING COMMISSION.
Regular Meeting - September 4, 1973
Tuality Jr. High School - Lecture Room
14650 S.W. 97th Avenue, Tigard, Oregon
Study Session - 7 :30 P.M.
Public Hearing -8 :00 P.I .
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
3. 1 Regular Meeting of August 21 , 1973
4. PUBLIC HEARING - Conditional Use
4. 1 Conditional Use Extension CU 12-72 (McClements)
A request by Tigard Gymnastic School, 9914 S.W.
Tigard Street, to extend their existing conditional
use permit for an additional four years. The existing
permit expires September 19, 1973. The existing
use is located in an M-4, Industrial Park zone.
Staff Findings
Testimony and Cross Examination
Staff Recommendation
Commission Discussion and Action
5. PUBLIC HEARING - Ash Avenue -
Downtown Neighborhood Plan
An informational hearing on a proposed detailed
neighborhood plan as prepared by the Neighborhood
Planning Organization and the City planning staff.
Formal Presentation
Testimony
Questions and Answers
6. SITE DEVELO PMIENT PLAN REVIEW
1 . Timber Operators Council
Location: 6955 S.W. Sandburg Street
Staff Findings
Staff Recommendations
Commission Discussion and Action
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7* Miscellaneous
7. 1 Memorandum stating the staff ' s position regarding
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the ' Planning Commissions action on the "Summerfield"
preliminary plat at the August 21 , 1973 Planning
Commission Hearing.
7.2 Staff report recommending the Planning Director
be designated "Secretary" to the Commission so
that duties outlined in the City Subdivision
Ordinance may be properly fulfilled.
Page 2 - PC Agenda - September 4, 1973
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MINUTES
TIGARD PLANNING COMMISSION
Regular Meeting - September 4, 1973
Twality Jr. High School - lecture room
14650 S.W. 97th Avenue, Tigard, Oregon
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1. CALL TO ORDER
A. The meeting was called to order at 8 :00 P.M.
2. ROLL CALL
A. Present: Commissioners Ball, Barkhurst, Fraizer,
Hartman, Lewis, Mickelson, Nicoll, Sakata
and Chairman Whittaker: Associate Planner,
Dick Bolen; City Attorney, Fred Anderson
3. APPROVAL OF MINUTES
3. 1 Ball stated he did not second the items contained
in 7.1 and 7. 2 of the August 7th minutes. Whittaker
instructed the staff to check the tape.
4. PUBLIC HEARING - Conditional Use •
4. 1 Conditional Use Extension CU 12-72 (McClements)
A request by Tigard Gymnastic School, 9914 S.W.
Tigard Street, to extend their existing conditional
use permit for an additional four years. The
existing permit expires September 19, 1973. The
existing use is located in an M-4, Industrial Park
zone.
Staff Findings
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A. The staff presented the following findings:
1. Staff finds the Planning Commission at
their September 19, 1972 public hearing
approved the applicant' s request for a
"conditional use permit to allow gymnastic
classes on an M-4, Industrial Park parcel"
with the following condition:
"That the conditional use permit shall
be in effect for one year, and then may
be extended with Planning Commission •
approval".
2. Staff finds that no complaints have been
(` directed to the City concerning the subject
`� use.
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3. Staff finds additional industrial and office
developments are planned for the subject site. !
These developments may affect the suitability
of the site for the subject use because of
increased truck and other traffic to proposed
adjacent buildings.
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4. Staff finds the applicant' s justification
as stated on the required application form
is as follows:
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"Present use for gymnastics instruction
has not created any problems and provides
adequate parking and off-street-etreet reduoe d
hazards to the students. Cost of building
preparation fo r painting and equipment
installation requ i re additional amortisation
of the next 4 years. Require additional
four years of conditional use produce
adequate reserves for a building specifically �
designed for gymnastic instruction. "
Testimony and Cross Examination
A. No one spoke in favor of or against the request.
Staff Recommendation
A. Based on the staff findings, the staff recommended
extension of the request for an additional two
years. At the end of which the Planning Commission
would review the applicant' s use for suitability
in an M-4 zone.
Commission Discussion and Action
A. Ball stated that because the Commission is required .�
to make a decision based upon the record and there
is nothing in the record in support of the application
other than that of the staff' s testimony; he moved
to table the request until the next regularly scheduled
public hearing. Mr. Ball also recommended that the 1
staff meet with the applicant and explain his burden.
Mr. Hartman seconded the motion. �
B. Mr. Lewis asked if Mr. Ball would amend his motion-_
the delay of this meeting should not prejudice
the applicatibn past the year-of the conditional use.
Mr. Ball agreed and Mr. Hartman also agreed.
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Page 2 - PC Minutes — Sept. 4, 1973
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C. Mr. Barkhurst and Mr. Nicoll questioned the
application of "Fasano" in an extension.
D. The motion passed by a majority vote (Nicoll
voting no)
5. PUBLIC HARING - Ash Avenue
Downtown Neighborhood Plan
An informational hearing on a proposed detailed
neighborhood plan as prepared by the Neighborhood
Planning Organization and the City planning staff.
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Formal Presentation
A. Mr. Whittaker explained the Community Plan.
Mr. Bolen presented Mr. Cliff Ashley, Neighborhood
Planning Organization Chairman.
Mr. Ashley introduced the planning committee members
and explained its function and goals.
Mr. Bolen presented the plan by discussing the problems
and explaining how the plan solves them.
The people present initiated discussion concerning the
following:
° How the City would acquire the greenways.
o Collector streets
• Traffic on Ash Avenue resulting from its extension
to Burnham.
o Multiple family area; are more apartments needed?
o Neighbor "mini's parks as an alternative to a large
neighborhood park.
o Widening McDonald
o Annexation
o Walkways and Bicycle paths
o Main Street accesses onto Pacific Highway
o Ash Street extension
It was moved by Hartman and seconded by Barkhurst to
continue the public hearing until the next regularly
scheduled Planning Commission meeting on September 18, 1973.
6. SITE DEVELOPMENT PLAN REVIEW
1. Timber Operators Council
Location: 6955 S.W. Sandburg Street
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Page 3 - PC Minutes - Sept. 4, 1973
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Staff Findings
A. The staff presented the following findings:
1. Staff finds the applicant has submitted
landscape and site plans sufficient to
meet the intent of submission requirements
set forth in Chapter 18. 58 of the Tigard
Municipal Code.
2. Staff finds the applicant' s submitted landscape
and site plans meet the requirements and
standards set forth in Titles 17 and 18 of
the Tigard Municipal Code.
Staff Recommendation
A. The staff recommended approval of the applicant' s
• landscape and site plan as received by the City
dated August 16, 1973.
Commission Discussion and Action
A. Ball moved to table the application until the
next regularly scheduled meeting because of the
revised site plan received at the meeting. Mr.
Hartman seconded and the motion passed by a
unanimous vote of the Planning Commission.
7. MISCELLANEOUS
7.1 Memorandum stating the staff' s position regarding the
Planning Commission ' s action on the "Summerfield"
preliminary plat at the August 21, 1973 Planning
Commission Hearing.
A. Chairman Whittaker high-lighted the memo from
the staff.
8. Chairman Whittaker stated that the sibject of
consideration was whether the Planning Commission
should reconsider its action on the preliminary
plat for Summerfield, Phase II.
C. The staff recommended resubmittal of the preliminary
plat because of the possibility that the Planning
Commission has acted outside their realm of legal
jurisdiction.
Page 4 - PC Minutes - Sept. 4, 1973
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Planning Commission Discussion and Action
A. Discussion centered on: the legality of the
Planning Commission's decision of August 21, 1973;
what the applicant would have tp do in order to
comply with the subdivision ordinances; the
interpretation of said ordinance.
B. Mr. Barkhurst explained his motion t 21, 1973
to approve the preliminary plat, saying that the
staff had stated that all the submission ~ uiregenta
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had been met and the plat was ready for review.
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C. Mr. Ball stated he read the ordinance and could
not interpret in favor of the applicant. That a
variance of the subdivision ordinance would be
required. Mr. Ball also stated that at the
August 7, 1973 hearing the applicant was informed
of the varionne, requirement by the City Attorney.
D. Mr. Marshal stated that the Planning Commission
instructed him on August 7, 1973 to bring in a
preliminary plat for the August 21, 1973 meeting
and that they did not mention a variance.
E. The Chairman stated that the Planning Commission
instructed the staff to process the preliminary
plat for the August 21x 1973 meeting with the
intention that the staff prepare a list of what
the applicant had to do.
F. Barkhurst moved that the final plat of Phase II
of Summerfield not be approved until such time
as the variance process is submitted and approved
by the Planning Commission. Said approval to
receive high priority by staff to make the first
meeting following the submission. Lewis seconded.
� private roads could b
G. George Marshal asked i f pr u� � roa � oo� o
provided in the project rather than dedicated streets.
H. Fred Anderson stated concern about street standards
in relation to public safety and that private
ownership is out of the context of either the
zoning or subdivision ordinances.
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I. Hartman moved to amend Mr. Barkhurst' s
motion--that submission should be one week
before the next public meeting. Fraizer
seconded. The motion died by a tie vote
(Nicoli yes, Fraizer yes, Ball yes, Hartman
yes; Whittaker no, Mickelson no, Barkhurst
no, ' Lewis no and Sakata abstained)
J. Joe Greulich, Fire Marshal for Tualatin
Fire District presented a tape of fire trucks
maneuvering on a 24 foot street. Mr. Greulich
stated that the fire district agreed with the City's
34 foot street requirement because it provided
adequate access and fire break.
K. The City Attorney stated that it was his recommendation
that the Planning Commission withdraw approval of the
preliminary plat.
L. The motion made by Barkhurst was disapproved by
a 6 to 3 vote. (Barkhurst, Lewis and Nicoli
voting yes; Fraizer, Ball, Sakata, Whittaker,
Hartman and Mickelson voting no)
M. Mr. Ball moved to reconsider the preliminary
plat. Hartman seconded and the motion passed
by a 6 to 3 vote. (Barkhurst, Lewis, Nicoli
voting no; Fraizer, Sakata, Ball, Whittaker,
Hartman, Mickelson voting yes) The staff was
instructed to submit findings and a recommendation
concerning the preliminary plat at the next meeting.
7.2 Puget Die Cast and Tigard Water District
Mr. Whittaker questioned whetherthe Planning
Commission should also question its action on
Puget Die Casting and the Tigard Water District
in that they lacked proper submittals.
It was moved by Hartman and seconded by Fraizer to
rehear the applications. The motion died by a 5
to 3 vote with Ball abstaining (Nicoli, Sakata,
Barkhurst, Mickelson and Lewis voted no; Fraizer,
Hartman and Whittaker yes)
Page 6 - PC Minutes - Sept. 4, 1973
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7.3 Staff Report recommending the Planning Director
be designated "Secretary" to the Commission so
that duties outlined in the City Subdivision
Ordinance may be properly fulfilled.
It was moved by Lewis and seconded by Ball
to designate the Planning Director as "Secretary"
to the Commission. The motion passed by unanimous
vote of the Commission.
8. ADJOURNMENT: 11:30 P. I.
Act
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TIGARD PLANNING COMMISSION
Staff Report
Site Development Plan Review
September 4, 1973
6. 1 Timber Operators Council
Location : 6955 S.W. Sandburg Street
Staff Findings:
1 . Staff finds the applicant has submitted
landscape and site plans sufficient to
meet the intent of submission requirements
set forth in Chapter 18. 58 of the Tigard
(Municipal Code.
2. Staff finds the applicants submitted landscape
and site plans meet the requirements and standard
set forth in Titles 17 and 18 of the Tigard
Municipal Code.
Staff Recommendation
1 . Staff recommends approval of the applicants
landscape and site plan . as submitted by the
applicant and received by the City August 16, 1973.
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TIGARD PLANNING COMMISSION
Staff Report
Miscellaneous
September 4, 1973
7. 1 Designation of Planning Director as "Secretary"
to the Planning Commission
The Tigard Subdivision Ordinance, Title 17 of
the Tigard Municipal Code, refers to the "secretary"
of the Planning Commission. This "secretary" has
several functions defined in the Ordinance as
follows:
o Section 17. 20. 040 (Approval of the Final Plat
by the Planning Commission) .
"Upon receipt by the secretary of the planning
commission, the final map shall be reviewed.
Section 17. 20. 050 "After approval by the planning
commission, the secretary shall transmit the
final map, tracing and other data to the county
surveyor. . . "
Section 17. 20. 080 "The secretary of the planning
commission shall, without delay, submit the final
plat to the county assessor and the county
governing body for signatures of other public
officials required by law. "
Oregon Revised Statutes, Chapter 227. 060, Election
and duties of secretary, annual report states the
following :
o "The commission (city planning commission) , shall
elect a secretary who need not be a member of
the commission. The secretary shall keep an
accurate record of all commission proceedings.
The commission shall on the first day of October
of each year make and file a report of all
transactions with the city council.
In summary it is obvious that a "secretary" need be
designated to carry out the above-described duties as defined
by statute. As the Planning Director is chief administrative
officer to the planning commission, the staff recommends
he be named "secretary" to the planning commission and that
he be directed to Barry out the duties proscribed by
City Ordinance and State Statutes.
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TIGARD PLANNING COMMISSION
Staff Report
September 4, 1973
Agenda Item 5. 1
Ash Avenue—Downtown Neighborhood Plan
(See attached memorandum and plan)
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