Planning Commission Packet - 11/20/1973 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PLEASE NOTE: The original paper record has been archived and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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AGENDA
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TIGARD PLANNING COMMISSION
Regular Meeting - November 20, 1973
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TWality Junior High School - lecture room
14650 S.W. 97th Avenue, Tigard, Oregon
]Non-hearing Business _ 7:30 P.M.
Public Hearing ~ 8 :00 P.M.
1. CALL TO ORDER
2° ROLL CALL
3. APPROVAL OF MINUTES
3~1 Regular Meeting of November 6, 1973
4. PUBLIC HEARING - Zone Chnage
4~1 Zone Change ZC 5-73 (Lincoln Properties)
1 A request by Lincoln Property Company to change
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L an existing R-7, Single Family Residential zone
- to a C-P, Commercial Professional zone. Applicant
proposes to construct 2 general office buildings
on a site located on the south side of S.W. Hampton
Street, 800 feet east of S.W. 72nd Avenue. The
site comprises 2" 58 acres. (Tax Map 2S1 lAC, Tax
, lot 3I00)
Staff Findings /
Testimony and Cross Examination
Staff Recommendation
Commission Discussion and Action
5. SITE DEVELOPMENT PLAN REVIEW
5. 1 Hansen & Parsons Office (Tigard Lumber)
Location : Northwest corner of S.U. Pacific Highway
and Johnson Street.
Staff Findings
Staff Recommendation
Commission Discussion and Action
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6. MISCELLANEOUS
6.1 Summerfield
CStaff request for Minor Change in General Development
Plan and Program in planned Development District;
standard change--S.W. Summerfield Drive
Location: North of S.W. Durham Road, east of
S.W. Pacific Highway
Staff Findings
Staff Recommendation
Commission Discussion and Action
6.2 S.W. Summerfield Drive - L222-lance of Street Dedication
Location : North of S.W. Durham Road, east of
S.W. Pacific Highway
Staff Findings
Staff Recommendation
Commission Discussion and Action
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6. 3 Discussion - Vacation of S.W. 109th Avenue; Summerfield
Planned Development District
6.4 Discussion - Proposed Ordinance relating to City hearings
prescribing procedures and requirements with I
respect to proceeding for variances, conditional
uses, special exceptions, planned development
districts, zone changes, non-conforming uses and
other similar permits and all proceeding invol-
ing contest cases arising under Tigardt' s Zon-
ing and Subdivision Ordinances
Recommendation of City Attorney
Commission Discussion and Action 1
6. 5 Discussion - Proposed Ordinance ammending the City
Subdivision Ordinance so as to cause said
ordinance to conform to Chapter 696 Oregon
Laws 1973.
Recommendation of City Attorney
Commission Discussion and Action
7. OTHER BUSINESS
8. ADJOURNMENT
Page 2 - PC Agenda - November 20, 1973
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MINUTES
TIGARD PLANNING COMMISSION
Regular Meeting - November 20, 1973
Tuality Jr. High School lecture room
14650 S.W. 97th Ave. , Tigard, Oregon
1. CALL TO ORDER
A. The meeting was called to order at 7:45 P.M.
2. ROLL CALL
A. Present: Ball, Lewis, Sakata, Nickelson, Nicoll,
Hartman; Chairman, Whittaker; Planning
Director, Wink Brooks; Associate Planner,
Dick Bolen; City Attorney, Fred Anderson
B. Absent: Commissioners Barkhurst and Frazier
3. APPROVAL OF MINUTES
A. The minutes of the previous meeting were not completed
and were reported to be available at the December 4th
meeting.
4. PUBLIC HEARING - Zone Change
4° 1 Zone Change ZC 5-73 ( Lincoln Properties)
A request by Lincoln Property Company to change
an existing R-7, Single Family Residential zone
to a C-P, Commercial Professional zone. Applicant
proposes to construct 2 genataI office buildings
on a oitoIocatedon the south side of S.W. Hampton
Street, 800 feet east of S.W. 72nd Avenue. The site
comprises 2"58 acres. (Tax Map 231 IAC, Tax Lot 3100\
Staff Findings
A. Brooks presented the findings, describing the
' existing land uae and zoning pattern and analyzing the
request as related to the "Fasano" questions. The
request was judged as conforming with the Comprehensive
Plan. Changes in conditions, since the property was
zoned, were recognized. Conflicts were predicted
between the proposed use and existing single family
development to' the north of the project.
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Testimony and Croa m =
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A. Proponents
1. Ray Martin of Travers and Johnston, the project
architects spoke for the applicant. As part of
his presentation he addressed the Fasano related
questions made the following major points:
a. A complete utilities report bas been submitted.
b. A site development analysis has been submitted
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c. A market analysis report has been submitted.
d. A traffic ai.dy has been made which concluded
that no significant negative affects would be
occur to surrounding properties.
e. The request is compatible with the Comprehensive
Plan.
B. Opponents
I. No one spoke in opposition to the request.
Staff Recommendation
A. The staff recommended approval of the request with the
following three conditions.
1. The ten feet of additional right-of-Way
adjacent S.W. Hampton Street be dedicated
to the public so as to allow its development as
a boulevard, having a landscaped median atiip°
2. That the property owner (a) will support the
formation of a local improvement district to
construct 6~W. Hampton Street to a City boulevard
standard.
3. That a 30 foot wide right-of-way be dedicated
to the public at the southern terminus of S.W.
70th Avenue and the western terminus of the
vacated S.W. Irving Street, directly adjacent
the southwest corner of the subject site.
Commission Discussion and Action
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\ / A. Hartman questioned the wording of the 3rd staff
condition and recommended that it be reworded as `
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Page 2 - PC Minutes - November 20, 1973
follows, that a 30 foot wide right-of-way be dedicated
to the public at the southern terminus of S.W. 70th Ave.
which would extend across the vacated Irving Street
to the Farmers Insurance Properties.
B. Nicoli moved to approve the request based upon the
staff findings and including the staff recommended
conditions as recommended revised by Hartman. Lewis
seconded and the motion passed by a unanimous vote.
5. SITE DEVELOPMENT PLAN REVIEW
5. 1 Hansen and Parsons Office (Tigard Lumber)
Location: Northwest corner of S.W. Pacific Highway
and Johnson Street.
Staff Findings
A. Brooks presented the staff findings which included the
six conditions imposed approximately one year ago
by the original conditional use approval for the
entire site. He pointed out that none of these six
conditions has yet to be complied with.
Staff Recommendation
A. Staff recommended tabling of the applicants request
until such time as condition number 5 of the
conditional use permit is satisfied. Condition
five stipulated that, "A detailed site plan indica-
ting revised circulation, existing buildings,
p'r'oposed building location, storage areas, screening
and landscaping shall be approved by the Planning
Commission within one year. "
Commission Discussion and Action
A. Mr. Hansen testified that his proposal should
not be prejudged by Tigard Lumber Company' s failure
to comply with the conditional use in that his
proposal applies to a separate tax lot. He said
that he would follow all city requirements for
landscaping and beautification and felt that the
proposed project would be an asset to the corner
in question.
B. Ball abstained from considering this item.
C. Hartman stated that he appreciated the applicant' s
position but could see no way that this project
would be approved in light of the lack of compliance
by the Tigard Lumber. He then moved to table the
request according to the staff recommendation.
Lewis seconded, but then withdrew .his second and
Page 3 - PC Minutes November 20,; 1973
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‘�� abstained in that he owns the neighboring
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-�� apartment property. Mickelson then provided his |
second and the motion passed by unanimous vote. \
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6. MISCELLANEOUS
6. 1 Summerfield
Staff request for Minor Change in General Development
Plan and Program in Planned Development District;
standard change--S.W. Summerfield Drive.
Location: North of S W Durham Road, east of
S.W. Pacific Highway
Staff Findings
that the t ff had recommended
and the Commission approved a 61 foot width
for S.W. Summerfield Drive. However, following
thorough ti
of a sixty foot right-of-way. In addition, the City ii
is proposing the Summerfield Civic Association
t,�' maintain all landscaping and irrigation systems
, k- within the public way.
Commission Discussion and Action
right-
of-way width for Summerfield uriva nurwxa/. seconded
and the vote was unanimous.
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6. 2 S.W. Summetfield Drive Acceptance f Street Dedication
Location: Notth of S.W. Durham Road, east of S.W.
Pacific Highway
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Staff Findings
The t ff pointed out that no portion of Summerfield
Drive has yet been dedicated to the public. However,
it has been t tod and is r tl being used
as access to the areas now being developed. The
i0portanoe ' of this dedication was stressed in that some
of the areas now being proposed for platting are legally
land locked parcels.
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Page 4 - PC Minutes - November 20^ 1973
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Staff Recommendations
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A. Staff recommended acceptance of the deed of dedication
of S.W. Summerfield Drive, subject to the following
oonditionat
n That the minimum right-of-way width for S.W.
Summerfield Drive be 61 feet.
Commission Discussion and Action
A. The Commissioners had some questions about the
division of responsibility for maintenance
between the City and Summerfield Civic Association.
B. Fred Anderson a+ 'ed that the maintenance agreement
has not yet been completed.
C. Whittaker stated that he understands that the
Commission is in the same circumstance that it was at
the last meeting where this item was tabled to this
meeting. That without the completed maintenance agree-
meet the Planning Commission does not have an adequate
bases for action.
/— D. Ball aeked Brooks and Anderson if they felt satisfied
that staff recommendations can be met before this
matter comes before the City Council. Brooks and
Anderson replied that yes they could given a reason-
able time period.
E. Ball moved that the Planning Commission recommend
that the City Council accept the deed of dedication
based upon staff findings and including the staff
recommended condition and that the City Attorney
and Planning Director be relied upon to see that these
conditions are complied with. Lewis seconded and the
motion passed by unanimous vote.
6. 5 Discussion - Proposed Ordinance amending the City
Subdivision Ordinance so as to cause said
ordinance to conform to Chapter 696 Oregon
Laws 1973
Recommendation from City Attorney
A. Anderson explained the a0ondemant, pointing out
that its purpose was to bring the Tigard Municipal
Code into conformance with the requirements of
Oregon State Law.
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Commission Discussion and Action
A. There was some discussion as to the appeal
procedures and whether the City Council would
conduct an entirely new hearing or consider
the appeal based upon the record of the Planning
Commission hearing.
B. It was agreed that the amendments would be
heard publicly on December 18, 1973.
7. OTHER BUSINESS
A. No other business was submitted.
8. ADJOURNMENT
The meeting was adjourned at 1000 P.M.
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Page 6 — PC Minutes — November 20, 1973
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t` TIGARD PLANNING COMMISSION
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i Staff Report 4,,
, November 20, 1973
Agenda Item 4.1
ZC 4-73 (Lincoln Property Co. ) ;
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$' Zone Change I
�. For property located on the southerly side of S.W.
t Hampton Street, 800 feet east of S.W. 72nd Avenue
(Tax Map 2S1 LAC, Tax Lot 3100)
Applicant •
Lincoln Property Company
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Applicant's Request
Approval of a change of zone classification from
R-7, Single Family Residential to C-P, Commercial
p ..- Professional
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Applicant' s Proposal,
To construct two general office building on the `
subject site. ,
Staff 11 Di
1. The site is currently undeveloped ,being covered
with brushy usgetetion and scattered trees.
2. rxsiting adjacent zoning is described as follows:
easterly direction - Lamb-Weston complex, zoned
C-P, Commercial Professional
southerly direction Farmers Insurance, existing
R-7, .Single Family Residential,
Proposed P-0, Planned Development ;
District for Offices and Motor >
Hotel
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westerly direction C-P, Commercial Professional,
Lincoln Property Company
northerly direction - R-7, Single Family Residential
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3. Adjacent Land Use is described as follows:
easterly direction Lamb-Weston research facility
and related parking areas
southerly direction - Farmer Insurance Building and
intervening undeveloped wooded
land
1 westerly direction - Lincoln Property Co. office
complex under construction
northerly direction - mixed single family homes
and wooded areas
4. The subject site's existing R-7, Single Family
Residential zoning does not conform to the City's
Comprehensive Plan. The site is designated
"Commercial-Residential" in the Tigard Community
Plan and is intended to include "compatible office
and business uses". The unadopted Tigard Triangle
Plan designates the site as "office park' . The
applicant's request for C-P, Commercial Professional
zoning is in conformance with both the Tigard
Community Plan and the Tigard Triangle Plan .
5. The applicant has established a community need
for the requested change. This need is documented
in a market analysis of the proposed use as sub-
;! mitted to the staff.
6. Changes in condition have occursd affecting the
appropriateness of this site for the currently
zoned residential use and rendering the site
more suitable for the proposed use. These changes
include the construction of State Highway 217,
with its related noise, pollution and increased
accessibility. Office development bo the east
and west of the subject property are also changes
in condition, rendering the property less suit
able for single family residential use.
7. There are other parcels of land in Tigard zoned
for the requested use. This land is along Pacific
Highway and is not as readily accessible to
Interstate 5 and State Highway 217 as the subject
sits. Pacific Highway properties, appropriately ,
zoned for the proposed use, are either developed
or are too small to be developed in the manner
of an "office campus"
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Page 2 Staff Report Lincoln Property Co. - 11-20-73
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( 8. The proposed development will result in some
.conflict with existing land use stemming from b
1 the land use transition caused by the changing
t conditions in the area. These conflicts are
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primarily with the scattered single family
development north of Hampton and the Phil Lewis
Elementary School west of S.W. 72nd Avenue.
Secondarily, increased traffic will occur on
4 existing substandard streets, in some cases
fronted by single family homes.
4 9. The site derives vehicular access from S.W.
Hampton Street. Said street is designated as a
collector street in the Tigard Community Plan.
This street is not currently developed to City
collector street standards. Businessmen within
' the Triangle and adjacent industrial areas have
s retained a traffic consultant to determine a
clearer picture of traffic circulation within
the area. The staff is concerned about the
capacity of S.W. Hampton Street to handle future
peak hour flows from additional office complexes.
10. The sits is adequately served by utilities. Water
1 i available via an 8 inch line located on the
A ( southerly side of S.W. Hampton Street. An 8
inch Tigard sewer line is also located in S.W.
Hampton Street and is adanuate to serve the
proposed loading. There is currently a moratorium
on sewer c nftectisns in effect until such time
as the 6f1isd 5mwere►ge Agency's Durham Sewerage
i , Treatment Plant is operational. Some Commerical
sewer pare, to romenin available, however, they
may '=e c omp ot. 1 y ...alined when the applicant is
prsp,eree to apply for a building permit. The .
subject moratorium is temporary. Public funds
have been committed to construct the Durham Plant
and said facility is to be completed within two
years, thus allowing the applicants proposal
to be constructed within a reasonable period of
time.
11. The Tigard Triangle Plan designates the right-
of-way of S.W. 70th Avenue as a proposed pedes-
trianway. The vacation of S.W, Irving Street, I'
located on the southern edge of the site, blocked
S.W. 70th Avenue from extending into t'he farmers
Insurance Property. Farms r1s preliminary development
plan for their proposed Planned Development District
indicates a proposed pedeetrianway through their
site and aligned with S.W. 70th Avenue. The !`
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Page 3 - Staff Report Lincoln Property Co. - 11-20-73
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extension of this pedestrianway is desireable j
to facilitate the flow of pedestrian and bicycles
,i through the Triangle area, as proposed by the
t Triangle Plan. The provision of facilities for I{
� non-automobile transportation is important to the
Triangle in view of proximitous living areas r
t proposed to the north of the subject site and
due to the bog range supply problems of gasoline
and other motor vehicle fuels.
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Staff Recommendation f'
Approval of the applicant's request to change an '
existing R-7, Single Family Residential zone to
a C-P, Commercial Professional zone, subject to
the following conditions: !,
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1. The ten feet of additional right-of-way
adjacent S.W. Hampton Street be dedicated
to the public so as to allow its development as ;'
a boulevard, having a landscaped median strip.
` 2. That the property owner (a) will supportthe
formation of a local improvement district to
construct S.W. Hampton Street to a City boulevard f',
standard. ",
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3. That a 30 foot wide right-of-way be dedicated k}
<' to the public at the southern terminus of S.W. #
70th Avenue and the western terminus of the
vacated S.W. Irving Street, directly adjacent ?
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the southwest corner of the subject site. to
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'' Page 4 - Staff Report - Lincoln Property Co. -11-20-73
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t . TIGARD PLANNING COMMISSION
F Staff Report
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fSite Development Plan Review
1 November 20, 1973 ,
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1 5.1 Hansen & Parsons Office (Tigard Lumber)
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location: Northwest corner of S.W. Pacific Hwy.
) and abhnson Street
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Staff Findings
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? 1. The proposed office is to be located on the portion
,' of the Tigard Lumber yard site.
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2. The Planning Commission, on November 21, 1972
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I. approved a conditional use for Tigard Lumber
Yard. Said conditional use approval was subject
to six conditions. None of these conditions
t have been satisfied. They are as follows:
i1. The egress from the site be gained to Johnson
Street, rather than Pacific Highway, and that
access to the site be allowed from Pacific Hwy.
and Johnson Street. This shell be implemented
,i after the designated buildings are removed
T and within le months.
2. That areas designated for outside storage on L
, the s] te plan shall be enclosed by site .1
obscuring fences not exceeding eight feet i
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in height , end any stored materials shall not ;
J exceed above fence height. ,
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3. That trees of a type which will provide an ,
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element of screening be planted on the
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property line where the open structure for 1
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lumber storage is adjacent the apartment .
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' buildings. ,
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4. That an easement along the northeast property ,
• line be negotiated and dedicated to the City i
. of Tigard as part of the planned greenway L
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. system along Fenno Creek--adequate in width H
for the construction of a combination bicycle i
r and pedestrian path. I
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5. That a detailed site plan indicating revised
circulation, existing buildings, proposed
building locations, storage areas, screening
and landscaping shall be approved by the 'w
Planning Commission within one year.
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6. That existing driveways and off-street parking
areas shall be paved and spaces striped prior
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t to occupancy of the new building.
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3. The applicant has submitted a site and landscaping
t plan for only a portion of the Tigard Lumber Site.
4. The,. applicant has stated his portion of the ',
site will not be divided into a separate tax
f lot at this time.
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5. The applicant's proposal will remove two existing • a
T structures as required by condition #1 of the v'
conditional use approval. However, the applicant's
proposal proposes to preserve one house designated
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for removal on the conditional use site plan.
6. The applicant's proposed access to the parking
area is 90 feet from the right-of-way of S.W. 1
r ( Pacific Highway. The applicant' s parking lot
t effectively blocks access as shown on the Tigard
F Lumber conditional use site plan and proposes ^'
[ a new site access a4jsc** the west property line
of the Tigard Lumber sits. The applicant's proposed
access is substandard, providing a 20 foot paved
i driveway where 24 feet is required.
7. New access to the Tigard Lumber site, as proposed r
by the applicant, is substandardi providing a •
13 foot paved driveway where 24 feet would be
required. r
8. Complete evaluation of the applicant's proposal
is not possible until a detail plan of the entire
site has been submitted to the staff as per
condition 5 of the conditional use approval.
Staff Recommendation
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Tabling of the applicant's request until such time
as condition #5 of the conditional use -permit is
t satisfied. Said condition is provided under finding
#2 of this staff report.
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Page 2 - Staff Report - Hansen & Parsons - 11-20-73
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TIGARD PLANNIL COMMISSION
Staff Report
Miscellaneous
November 20, 1973
6.1 Summerfield - Staff Request for Minor Change in G;
General Development Plan and Program
` in Planned Development District; standard
Summerfield Drive
Location: North of S.W. Durham Road, east of S.W. Pacific
Highway
' Staff Findings
1. On October 2, 1973, the Planning Commission took
action approvi,'g a change of design standards in
the construction of S.W. Summerfield Drive. Said
approval included adoption of staff proposed standards,
one said standard recommending a minimum 61 foot
right-of-way width.
2. The staff recommended a 61 foot right-of-way width
" on the basis that the proposed landscaping should be
located within the public right-of-way. Staff made
this recommendation before fully understanding the
maintenance implications of the proposed development,
fearing at some later date the proposed street trees
would be removed by adjacent property owners.
3. The City le, proposing the Summerfield Civic Association
maintain all landscaping and irrigation systems within
the punli rlonte-of-way.
4. 'iect:o'n 1 . 10 if the Summerfield Declaration of Conditions
and Restrictions of Tualatin Franklin state "No existing
area shall be removed or damaged within Summerfield and
no exterior alterations or addition. . . shall he made. . .
unless prior written consent is provided.. ." Said
consent is to be given by the development corporation or,
when developed, the Summerfield Civic Association. Staff
• finds there is protection for the street trees proposed
along S.W. Summerfield Drive.
Staff Recommendation. ('
1. Approval of change in current S.W. Summerfield Drive
right-of-way width standard of 61 feet to 60 feet.
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TIGARD PLANNING COMMISSION
,.. Staff Report
Miscellaneous
November 20, 1973
6.2 S.W. Summerfield Drive-Accetance of Street Dedication
location: North of S.W. Durham Road, east of
S.W. Pacific Highway
Staff Findings
1. The City Council on February 12, 1973 approved a
P-D, Planned Development District on the subject
site. Included in exhibit "0" of said approval
is a street section of the "spine road" or
S.W. . Summerfield Drive. Said section describes a
paving width of 36 feet on a minimum 60 foot right-
of-way.
2. No portion of S.W. Summerfield Drive has been
dedicated by the platting procedure set forth
in Title 17, ,Tigard Municipal Code or Chapter
92, Oregon Revised Statutes.
3. The Planning Commission moved to table acceptance
of the deed of dedication until the November 20, 1973
hearing, so that details of the street dedication
compliance agreement could be analyzed by staff.
4. The staff, City Attorney and the Department of Public
Works are currently preparing documentation so that the
City is assured of the following:
o assure maintenance in perpetuity by the Summerfield
Civic Association of all sidewalks, bikepathe,
landscaping and irrigation systems located within
the public rights-of-way.
o assure non-access by motorized vehicles, excepting
wheelcha rs, from having direct access onto S.W.
Summerfield Drive from abutting private properties.
5. The City engineering staff has reviewed said deed-of-
dedication legal description for S.W. Summerfield Drive
and finds said description a true and accurate account
of the location of S.W. Summerfield Drive as proposed
in the approved Planned Development District.
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6. The Planning Commission's action regarding
acceptance of the deed-of-dedication of
S.W. Summerfield Drive is a recommendation to
the City Council.
Staff Recommendation
Acceptance of the deed-of-dedication of S.W. Summerfield
Drive, subject to the following conditions:
o That the Tualatin Development Company or its assigns agree
to maintenance, in perpetuity, of all sidewalks, bike-
paths, landscaping and necessary irrigation systems
to maintain such landscaping, within the public
rights-of-way within the Summerfield Development.
o That no access by motorized vehicles excepting
wheelchairs, shall have direct access onto
S.W. Summerfield Okive from abutting private
properties, Said condition to be made a part
of the deed-of-dedicationdocument.
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Page 2 - Staff Report - Summerfield street dedication - 11-20-73