Planning Commission Packet - 08/20/1974 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PLEASE NOTE: The original paper record has been archived and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.
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PLEASE NOTE: The original paper record has been archived and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 I
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TIGARD PLANNING COMMISSION �
� Regular Meeting August 20, 1974 �
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Twality Junior High Schoo� - Lecture Room �
14650 S. W. 97th Avenue, Tigard, Oregon 97223 �
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PUBZIC HEARING - 7:30 p.m. �
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l. CALL TO ORDER
2. ROLL CALL �
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3. APPROVAL OF MINUTES �;
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3.1 Regular Meeting of August 6, 1974 j
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4. PUBLIC HEAR.ING - Zone Change `
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4.1 ZC 4-73 (Farmers Insurance) !
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A request by F. I. G. Holding Company to change a zone �
classification from R-7, Single Family Residential and i
C-�3, General Commercial to a CP, Commercia� Professional '
zone and PD, Planned Development District. The subject �
property is bounded by State Highway 217 and Interstate �
� 5 on the east and southwest respectively. The northern
portion of the property is bordered on the north by the
Lamb-Weston and Lincoln Properties office developments.
The site comprises 27.76 acres (Tax Map 2S1 1D, Tax
Lo�;s 100, 200, 300, 400, 500, 501, 701 and 1100) .
Staff Findings
Testimony and Cross Examination �
Staff Recommendation �
Commission Discussion and Action ;
5. PUBLIC HEARING - Conditional Use (
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5.1 CU 8-74 (Woodard)
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A request by Gerald He Woodard to allow an appliance
repair shop as a conditional use within a C-3, General �
Commercial zone. Property is located at 12455 S. W. ;
Main Street (Tax Map 2S1 2AB, Tax Lot 2800) . �
Staf.f Findings �
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Testimony and Cross Examination 1
Staff Recommendation
Commission Discussion and Action
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6, PUBLIC HEARING �=' Sl�ladivision Variance �,;
6.1 S 1-73 (Greenway Terrace) �
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Location: WesterJ.y of S. W. 115th Avenue between �
Fonner and Gaarde Streets �
Staff Findings �
Testimony t
Staf� Recommendation 'i
Commission Discussion and Action
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7. SUBDIVISIONS - Preliminary Plat Approval ;
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7.� S 1-73 (Greenway Terrace) �
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Location: Wester�y of S. W. 115th Avenue between
Fonner and Gaarde Streets
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Staff Findings k;,
Testimony
Staff Recommendation X�
Commission Discussion and Action
8. MISCELLANEOUS �`�'
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8.1 Discussion of n.ew tire warehousing in an M-4, Industria�. 1,:
Park zo.ne. Butler Tire and Battery has proposed new (�
tire warehousing as a use adjacent their tir� retreading s`
;� p�ant. Interpretation necessary to determine if developer
must receive condi.tiona� use approval for warehousing
in an M-4, Industria� Park zone .
Staff Explanation
Testimony
Commission Discussion and Action �
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9. OTHER BUSINESS �
10. ADJOURNMENT
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MINUTES ;I
TIGARD PLANNING COMMISSION �'
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August 20, 1974 ,'r,
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Twality Junior High School, Lecture Room �i�'
14650 S. W. 97th Avenue, Tigard, Oregon
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l. CALL TO ORDER �
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A. The meeting was called to order at 7:40 p.m. �;
2. ROLL CALL
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A. Al1 members were present with the exception of Popp and a
Hansen; Staff inembers Brooks and Bolen were also present. i
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3. APPROVAL OF MINUTES ,
3.1 The minutes of the August 6, 1974, meeting werP approved
as submitted.
4. PUBLIC HEARING - Zone Change :,
4.1 ZC 4-73 (Farmers Insurance) �'
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Request by F. I. G. Holding Company to change a zone ;
classification from R-7, Single Family Residential and �
C-3, General Commercial to a CP, Commercial-Professional �
��-- and PD, Planned Development District. The subject property
is bounded by State Highway 217 and Interstate 5 on the east
and southwest respectively. The northern portion of the
property is bordered on the north by the Lamb-Weston and
Lincoln Properties office developments. The site comprises �
27.7h acres (Tax Map 2S1 1D, Tax Lots I00, 200, 300, 400, �
500, 501, 701 and 1100) . �
A. Staff Findings �
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1. Staff showed slides of the site describing the �
adjacent d�velopment and on-site conditions.
Staff then read the staff findingso i
2. Whittaker asked Brooks if the applicant had listed
variances from the Code other than street width.
Brooks answered yes, the applicant had. The only
variances occurring were the road right-of-wa.y width
and paving widths on the proposed east-west dedicated
street.
B. Testimony and Cross Examination
1. Robert Oringdulph of Broome, Selig, Oxingdulph and
Partners, Architects and Planners, represented �he
� app�.icant and spo,ke in favor of the proposed zone
change.
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Mr. Oringdulph described the character of the site
and the intention of Farmers to maintain as much as �'
possibl� the integrity of the existing character of !`,
�,; the subject property and Farmers' intention to develop i
a complex that wi11 contin.ue the attitude that Farmers I'
hopes to develop on a�.l the:ir properties. This t;
character, Mr. Oringdulph explained, would represent �
Northwest regiona�ism, a character representat�ive of ��
the site and the trees. The buildings would be of a ;;
low profile. :�
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Mr. Oringdulph described the proposed road system. "
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Mr. Oringdulph stated the intention was to develop ��
an office campus with a total of about 250,000 sq. ;�.
feet of building i.n four major sections with a par,k- ;{
ing ratio of 3.3 parking spaces per 1000 square feet
of building.
The parking ratio was determi.ned by a Broome, Selig,
Oringdulph and Partn:ers parking study and is slightly
greater than the par.king available for the existing
office building.
There is interest by motor hotel groups to develop
parcel number four on the site plan, consequently
the program request alternate office or motor hotel
uses.
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Office building heights would be four stories maxi- �
mum. �'
The interior roadway system does not contemplate i!
parking and proposes rolled curbs. �{
It is proposed to continue S. W. 68th Avenue as a ;;
boulevard concept into the subject szte. �'
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2. Mr. Oringdu�ph asked if he should address himself �,;
to t�.e questions posed by the Oregon Supreme Court:' s
'�Fasano Decision". Chairrnan Whittaker answered
affirmatively tha�t Mr. Oringdulph shou�d addr�ss �
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said questions.
3. Mr. Oringdulph responded to "Fasano " related ;,<,
questions, stressing the following in justification
of the app�icant' s zone change request: �'
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o znterstate 5 current'ly has a traffic count of �;
approximately 40,000 cars per day and ambient ,;
noise levels which exceed 50 decibels. This �s �t
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a comp�.iaation for residentia� development. '
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o Continuation of R-7 zoning wouid be incompatible, '�
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PC Minutes - August 20, 1974 - page 2 �
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consequently applicant cons�.dered alterna�te �
uses. These u�gs were mul�tiple family, c�mmercial, �
or office campus uses. 0� thosE uses, office cam- �
� pus was selected because high noise would be diffi- �
cult for multi-family use and in:cornpatible with �
single family use. �;
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o Mr. Oringdul.ph then referred to the"Fasano'� re- p,
lated responses contained in the submitted General . F
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Development Plan and Program and elaborated i'
upon these written responses. �
4. Mr. Oringdulph addres:sed himself to the objectives �;
of the proposed planned development, the role of the
architect and description of proposed variances as
requssted by the Planr�.ing Commission at their August ;�
2, 1974, regular meeting. These i�,ems were included ''
in a memorandum dated August 15, �.974. Mr. Oringdulph i;
summarized and elaborated on the content of the sub- �''
ject memorandum. r'
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5. Chairman VJhittaker asked if any Planning Commission
members had questions for Mr. Oringdulph. `�
6. Mr. Ball asked Mr. Oringdulph if the memorandum ��
d ted Au ust 1 1 4 was intended to become a art ;;
a g 5, 97 , P
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of the General Development Plan and Program . Mr.
Oringdulph answered yes. k�
� 7. Mr. Ball asked Mr. Oringdu�ph if there was an alter�- ��
native to four feet of landscaping or four. fe�t of '
paving along the proposed east--west dedicated road-
way. Mr. Oringdulph stated this issue was a matter
of opini�n and that a �our foot wider street would ;:'
decrease a proposed 15 foat landscape buffer by four �
feet. �
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8. Mr. Ball asked if Mr. Oringdu�ph had direct con- �'
versations with the Fire Marshall on the issue of �
the proposed east-west dedicated street width. Mr. �
Oringdulph answered yes that there was correspondence. _'
Ball asked staf� if the Fire Marshall had revised his ;
opinions since the correspondence was written. Staff �
answered no to tY�2s question. i
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g. Mr. Ball asked Mr. Oringdu�ph to describe the pro- 4
posed phasing of the project. Mr. Oringd�lph stated !
phase one would be the con.struction of the major �
street system. Beyond pha;se one Mr. Oringdulph stated �
he could not predi.ct �apon which parcel development ;
wou�.d occur, but felt parcel number 4 was most likely �
to develop first. Mr. Oringdul,ph then stated he did i
not want to commit Farmers Insurance to any one site j
developing first.
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PC Mi�nutes - August 20, �.974 - page 3
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�0. Mr. Ball asked Mr. Oringdulph i� the applicant
expected to comp�.ete one phase within a year. Mr. �,
A��'� Oringdulph stated Farmers was intendin.g to complete �
�°`'' one phase within a year, but that mar,.ket conditions �
cauld distort this intention.
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11. Mr. Ba11 as:ked Mr. Oringdulph to esta�mate the total
phasing time of the entire development. Mr. Oring- ,;
dulph stated he could not describe such a time be- i
cause o�' market considerations and construction costs. �;
Mr. Oringdulph then stated that Farmers Insurance �.
wis��ed to commence construction of their roadway system ;
before the rainy season and requested the City declare "
the zone change an emergency for the purpose of
e�.iminating the 30 day waiting period.
12. Mr. Ba11 asked Mr. Oringdu�ph if phase one would in- i
clude any work besides street and utilities such as ;i
landscaping. Mr. Bill Findlay of Broome, Selig, I
OringduTph and Partners, stated the plan was to in- ;
cludE landscaping in the center aisle of S. W. 68th ;�
Avenue and planting o£ grass along the edges of road- i
ways until each phase is developed. Mr. Findlay {i
stated that the pl.ans w�re to landscape each parcel ;I
separately when something was known of the design of '�
the development on each parcel. �
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13. Mr. Ball as;ked the applicant the proposed extent of
� ` tree removal on the site. Mr. Bob Luke of CH2M/Hill
res�onded, �tating that the proposed roadway system
was designed to avoid . as many existing trees as
possible. Mr. Ball asked how many trees would be
removed. Mr. Luke stated the exact number had not
been counted. :�
14. Mr. Ba�.� asked applicant if current market demand ��
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for office �pace wou�d justify going ahead with any -
phase for office development. Mr. Oringdulph stated '+
the applicant's market ana�yst, Ralph Walstrom, felt k�
an honest and accurate mar,ket profil.e was almost im- ��
possible in this area because of �.ittle in�'ormation t:
upon which to base a market need. Consequent�y, Mr. j
Oringdulph stated the market ana�.yst wrote a letter ;
� included in the General Development P�.an and Program �
stating it was the analyst's opinion there was a �
need for the proposed project. Mr. Oringdu�ph then �
asked Mr. Lynden Bowman, leasing agent for Farmers '
Insurance, to comment on the need for immediate con- I
struction. Mr. Bowman stated that Farmers Insurance �
is looking for large, single building tenants, but �
this would not preclude a'�specul�tive office building ;
to begin the project. Mr. Bowman stated th� sa�.e of �
sites �or �.arger buil,dings for corporate offices an:d ;
� � : regional headc�uarters don�t occur o£ten and �he exist-
PC Minutes - August 20, �974 - page 4
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ing Farmers O�fiae Building is completely leased
� with the exception of 800 square feet. Mr. Bowm:an
�,} stated his experience as a lea�ing agent indicates
a strong demand for of�ice space.
15. Mr. Oringdulph stated Farmers Tnsurance has not
�ctively pursued leasea of �he propased parce�s '
because of the sewer moratoxium and the pendin.g
zone change process, Farmers feeling those items
must be resolved before active sales can begin.
16. Wilbur Bishop of 10590: 5. W, Coo,k L�ne as.ked Mr.
Oringdu�.ph the width of the proposed streets. Mr.
Oringdulph described the right-of-way an�d paving
. widths, reiterating no parking was proposed on
any streets within the project.
17. No one spoke in opposition to the zone change.
C. Staff Recommendation
�. Staff read recommendations as incl�.xded in the
August 20, 1974, staff report concerning subject
case, adding that the P�.anning Commission should
find affirmatively with respect to Section �.8.56.040,
Tigard Municipal Code.
D. Commission Discussion and Action
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l. Ball as.ked staff if a performance bond were
necessary as related to staff recommended con-
dition number 4 relating to maintenance of common
areas. Brooks replied that there were no common
areas as Farmers Insurance was propasing to lease `
the property to prospective tenants. Brooks state�. �
he did not consider a performance bond. Ball then �
asked Brooks what type of maiiztenance agreement the �
City should execute with Farmers Insurance Group. �
Broo.ks stated he was primarily concerned with an
agreement binding Farmers Insurance to maintenance i
of the landscaped areas within th� dedicated right- �
of-way. Brooks also suggested a three-party main- �
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tenance agreement between Farmers Tnsurance, the i
leaa�e and the City regarding the remainder of the j
site. i
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2. Whittaker asked Brooks if the north-south dedicated i
road.way �net City standards. Brooks responded yes. �
Whittaker then asked Brooks if the right-of-way '
width as we�.l as paving width were at vara.ance w'�.th �
City sta�dards. Brooks answered yes, both were �
variances. Discussion ensued relati,ng this matter
� to condition two of the staff recommenda-�ion. '
PC Minutes - August 20, �.974 - page 5
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� 3. Brook"s stated the sta.f� had bee"�i"in contact with ,
Lamb-Weston regarding construction of their porti.on
of S. W. 68th Avenue. Brooks also stated Lamb-ti�Teston
would be prepared next spring to construct S. W. 68th
�' Avenue .from the Farmers Insurance site north to S. W. i
Hampton Street.
4. Ball as.ked Brooks what was codtemplated for S. W.
69th Avenue. Brooks stated there was a need for
emergency vehicle access along thP .northwestern
boundary of the subject site and that there was i
no need for S. W. 69th to serve as a parallel �
street to S. W. 68th Avenue, feeling that the two �
streeta were too close together. Brooks stated ;
that S. W. 70th Avenue was intended as a bicycle- '
pedestrian facility and he could not forsee a large �
demand for the future use of S. W. 69th Avenue. �
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5. Ball moved to adopt the staff findings and the staff �
recoznmendations and approve the change of zone from ?I
R-7, Single Family Residentia� and C-3, Genera� il
Commercial, to CP, Commercial-Professional and PD, ;I
P�.anned Development District. nall made the fol.low- ;.
ing findings the basis for his motion: i,
o The application is compatible with the Tigard �
Community Plan and the Tigard Triangle Plan. ;
o The applicant has demonstrated a public need, �,
�, but not in the traditional sense af market need.
Ball also made an additional condition part o�' the
motion that the Broome, Selig & Oringdulph and
Partners memorandum of August 15, 1974, be made a �
part of the General Development Plan and Program f
and that a transcript of the hearing also be in- �
cl.uded as a part of said program. ,
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6. Barkhurst seconded the motion. �
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7. Bolen asked Ball if he intended a verbatim tran- �
script of the proceedings. Bal� answered yes. �
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8. Hartman asked Ball if he felt there was still a need �
for a recorded agreement between the City and Farmers
Insurance Group regar ding main tenance o f lan dscape d
areas. Ba�l an,swered that staff-recommended con- �
dition four would satisfy the matter.
9. Ball amended his motions, stating a transcript
was probably not necessary and a tape of the pro-
ceeda.ngs would suffice as a part of the General
Development Plan and Program.
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PC Minutes - August 20, 1974 - page 6
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10. General dis�ussion occurred concerning the
proposed variances.
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� 11. The motion, as amended, was adopted by unanimous
vote of those membexs present.
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PC Minutes - August 20, 1974 - page 7
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5. CONDITIONAL USE '
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�,: 5.1 CU 8-74 {Woodard)
A request by Gerald H. Woodard to allow an appliance
repair shop as a cond'itional use wi�thin a C-3, General
Comrnercia� zone. Property is �ocated at 12455 S. W.
Main Street. (Tax Map 2S1 2AB, Tax Lot 2800) .
A. Staff Findings
� l. Brooks presented the staff findings relative to ;
this case.
B. Testimony and Cross Examination
� l. No one appeared to discuss this item. '
C. Commission Discussion and Action
1. The Planning Commission expressed concern that there
was` no on present, inc�uding the applicant, to
discuss this item. They therefore felt the item
should not be consiciered.
2. Micke�son moved to table the it�m uni�il the appli-
cant could present his request to the Planning
��; Commission. Hartman seconded and the mot.ion was
passed by unanimous vote of th:ase Commission
members present.
6. PUBLIC HEARING - Subdi�vision Variance
6.1 51-73 (Greenway Terrace)
Location: Wester�.y of S. W. 115th Avenue between Fonner
and Gaarde Streets
A. Staff F,indings
1.. Brooks presented the staff findings which in- �
cluded a history of the previous Planning Commiss.ion i
approval of the subdivision during the pxevious °
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year.
B. Testimony
1. Gordon Davis of Wilsey and Ham Engineers spoke for
the appli:cant stating the need for the requested
variances from the standards of the subdivision
code. He stated that a sidewalk on one side of
the street was justified because a pathway was
g�ovided a�.on� th:e g��e�,w�,y. The reduction of
�.` street right-of-way wzdth f�om 40 to 50 feet was
PC Minutes - August 20, 1974 - page 8
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justified based upon the dedication of land for
the greenway.
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C. Cross Examination " 1
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1. Nancy Clark, of Howard Drive, questioned Mr.
Davis. She asked how many of the existin.g trees
would be saved, the distance of homes from the �
creek and the price range of the homes to be lo- �
cated in. the subdivision. �
2. Davis replied that the majority of trees would be �
saved as they are along the creek in the dedicated �
Greenway and houses would be placed at lease 50
feet from the creek. r
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3. Mic.kelson as,ked how the pond shown on the p�at '`
would be maintained, ��
4. Davis said that this would be City responsibility, �'
5. Lee Fritz, one of the applicants, then spoke for
the proposal and pointed out th�.t the subdivider ;`i
would not be developing a pond in •the project, "
even though a pand is shown on the plat. In �''
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addition, she stated that the street passing ;�
through the subdivision should extend to Gaarde �;
(` Street and. the City should see that this is ca�ried
`°°� � out through further subdividing. ,�
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6. Fred Trueax, Mrs. Fritz 's partner, also spoke for
the project. �';
L�. Staff Recommenda-tion ?
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l. Sta:ff recommended tabling of this item to allow �:i
staff to explore the issue of provid.in� access �;:
to Gaarde Street. y=
E. Commission Discuss,ion and Action Q,
1., Hartman moved that this item be tabled for two �
weeks and preceedi�:g the next meeting that the '�
Planning Commission be provided the 1973 minutes �`
frorn the previous consideration of thi� item.
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2. Barkhurst seconded the rnoti�n. �
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3. Ball asked that each separate item requested for �'
variance by the applicant be justified by the �
- applicant.
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4. Whittaker instructed the staff to have these �'
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,� ' materia�s made available to the Planning Commission
before its next meetin.g. �
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PC Minutes - August 20, 1974 - page 9 �
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5. The Commission. then voted on Hartman' s motion
which passed by unanimous vote of' tho�e commission
�,>. members present.
7. SUBDIVISIONS - Preliminary Plat Approval
7.1 S 1-73 (Greenway Terrace)
Locations Westerly of_ S. W. 1�5th Avenue between Fonner '
and Gaarde Streets.
Item tabled to next regular Planning Commission rneeting.
8, MISCELLANEOUS
8.1 Discussion of new tire warehousing in an M-4, Industrial
� Park zone. Butler Tire and Battery has proposed new tire
warehousing as a use adjacent their tire retreading plant. '
Interpretation necessary to determine if developer must
recei.ve conditional use approval for warehousing a�n an M-4
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Indus'trial Park zon�.
A. Staff Explanation
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� l. Brooks explained this item to the Commission
4 stating new tires will be stored in the pro�osed
warehouse and this could require a separate
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conditional use permit.
B. Testimony
l. Lou Gilham, the architect for the project, said
new tires are �art of the entire operatio�. and
includes recaPping the worn out new tire casings
for the Butler Tire customers.
2. Whitta.ker pointed out to Mr. Gilham that the
Planning Commission was under the impression, when
t�he recapping use was previously discussed, that
only reca�ped tires would be stored on the site.
3. Mickelson asked if tires Would be changed on th:e
sit2.
4. Mr. Gilharn said that they would not.
5. Also speaking was Lou Fasano, attorney .for Butler
Tire and Battery. Mr. Fasano sta�ed the new tire
use would only be in,cidenta� to the primary use
an.d therefore should be permitted as specified
by the Tigard zoning ordin:ance. Fie said' recapp�,ng
is one functioning opex�atiox� an:d the new tire
warehouse is part of t�.is complete operation.
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PC Min.utes - August 20, 1974 - page 10
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6. Barkhurst stated his be�.ief that t��:e new tire
x warehousing is a sepaz�ate use and a conditional :
�.� use permit ahou�d be required.
7. Mickelson stated that warehousing is an important
part of any busi.ness and this new tire storage
should be al�owed with the recapping.
8. Nicoli also stated his belief that the new tire
storage should be a1l.owed.
9. Sakata stated she was misled by But�er Tire and
Battery based on their previous presen�ation for
recap�ing because they did not specify any ware-
housing to the extent proposed.
10. Mickelson moved that new 'tire storage inc�.uded
with a recapping operation does not require a
cond�tional use because it is related to the
prim ry use. nTicoli seconded.
11. Whittaker stated that when the tire recapping
use was originally discussed he did not under-
stand the extent of the raarehousing and therefore
could not vo-te for the motic�n.
12. The Commission then voted on the motion with a
majority voting yes and Sakata, Barkhurst and
�" Whittaker voting no.
9. ADJOURNMENT
A. The meeting was adjourned at 10:40 p.m.
�
PC Minutes - .A.ugust 20, 1974 - page 11
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NOTTCE OF' PUBLIC F3�ARING
CTTY OF TIGARD PLANrTTNG CONlNIISSION
Notice is hereby given that public hearings w311 be held by the �
City.. of Tigard Planning Commisaion in the lecture �oom o� Twality F,:
�Turiior High School, 14650 S. W. 97th Avenue, Tigard, Oregan, on ��,
,Au��� 20, 1974, at ?s30 p.m, with respect to the follow3ng: �,�;
A request by Fred Trueax, Leota J. Fritz and Al Bega�n for ��
var.�.enc� from the� standarda of the �ubdivision Ordinanee of the �'
City of Ti�ard for property west of ll.�i:th Avenue (Tax Map 2S1 3CD, �,,;
Tax Lot 100). ��
An applicat�fort by� Gerald Woodard for a cor�ditional u�'e p�r- E;
mit to locate an appliance repair business in the C�3, General �?
Cs�mmerciaX zc�rae at �24�5 S. W. Main S�reet (Tasr Map 2S� 2AA,
Tax Lot 2�Q0) . f;
" Al]. persoz�s having an interest in this matt�� +��� invited to 'i
attend end be heard. �:,'
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Publi�h TIGARD TIME� ���,,���4
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NOTICE OF PUBLIC HEARING
E
CITY OF TTGARD PLANNING COMMISSION fi
1
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Notice is hereby given that public hearings will be held by the '
City of Tigard P�.anning Commission i.n the •lecture room of Twality �
Juni.or High School, 1465� 'S. W. 97th Avenue, Tigard, Oregon, on 3
August 20, 1974, at 7:3� p.m. with respect to the following; '
,
; A request by Fred Trueax, Leota J. Fritz and Al Began for �
variance from the standards of the Subdivision Ordinance �
of the City of Tigard for pro erty west of 1�5th Avenue ��
(Tax Map-2Sl 3CD, Tax Lot 100}. ;
:9
'The standards the apglicants are requesting variance from are: r,
`�
Section 17.28.040 Minimum right-of-way width � 1
. ,�a
l. Street right-of-way widt�t variance �from a required 50 �I
foot right-of-way width to a proposed 40 foot width. ' �"
2. Cul-de-sac right-of-way width: variance from a required
��'
50 font radius to a proposed 45 foot width. t
��`'.
y,.,
: 3. Street paving width: variance �rom a required 34 foot
paving width to a 28 foot paving width. �'
�_
Section 17.44.040 Sidewalks �
f.
1. Sidewalks 4 feet wide where 5 foot width is required. ��{'
_ �
2. Sidewalks on one side of street when required on both � ��F,
sides. � � ���'
3. Sidewalks adjacent curb where required adjacent p.roperty �
; line. ����-
, ��
A.11 persons having an interest in this matter are invitsd to ��!
attend and be heard. -;��
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� �rIGARD PLANNING COMMISSION
Staff Report
`� August 20, 1974
Agenda Item 4.1
ZC 4-73 (Farmers Insurance)
Zone Ghan�e
For property located between Interstate 5 and State Hi�hway
#2�7 in the Tigard Triangle and bounded on the north by
vacated Irving Street., the Lamb-Weston c�mpl�x and. the
Lincoln Properties office complex. (Tax Map 2S1 1D, Tax
Lots �.OD, 200, 300, 400, 500, 501, 701 and 1I00) .
Applicant
F. I. G. Holding Company
App�icant' s Request
Approval o� a change of zone classification from R-7, Single ;
Fami�.y Residential and C-3, General Commercial, to a CP,
Commercial Professional zone and PD, Planned Development i
Distriat. �
;
Applicant's Proposal �,
�
� To construct a motel and office park on several :leased �
land parcels.
Staff Findin�s
F
�. On August 7, 1973, the Planning Commission took action :*
to approve the preliminary development plan and program r
for the subject zone change. Please note attached '`
minutes and staff reports of said August 7, :1973 meeting. �
,,
2. Since approval of the applicant's pre�iminary develop- �
ment plan and program, Chapter 18.56, Planned Deve�op-
ment Districts, Tigard Municipal Code, has been amended
to require review of the applicant' s submitted material �;
to ascertain completeness prior tQ Planning Commission
review of the general development plan and program.
In addition, Chapter 18.56 was amended to allow a de- �
veloper to stage projects over time and defer review �''
of specific elements of the general development plan
and program. Section 18.56.040 (c) states: �!
�:
�;-
In th,e event that the applicant requests that the �:
planned development district be divided into mnre =i
than one development phase for purposes of develop- �};.
ing the total area in segments, the planning com- ;j
missi:on may, if it recommends appraval of the over- �
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ali proposal to the council, designate that the
segments or phases on which development is to be
deferred wi�l. be subject to review at such lat�r
�; time as development of such deferred phases is pro-
pdsed to be undertaken by the applicant.
Al� c�eferred segments or phases of the total pro-
ject shall conform to the basic concept and re-
quirements as approved for the pl.anned development
dis�trict, except to the extent that v�riances may
be authorized in accordance with the requirements
of this chapter and Title 17 of this code.
On August 6, 1974, the P�anning Commisszan reviewed the
applicant's General Develapment Plan and Program to
asaertain. if there was sufficient information to make
a determination in this matter. Please note enclosed
minutes of August 6, 1974. On August �i, 1974, the
Planning Commission determined that the applicant' s
submittal was adequate with several exceptions. The
applicant has now submztted additional material for
review by the Planning Commission as a part o.f the
General DPVelopment Plan and Program. Please nots
the attached additional material received by the (;ity
� August 16, 1974.
The applicant proposes to develop the subject property
in phases as pr�vided by� Section 18.56.040 (c) , Tigard '
� Municipal Code. �
3. Planning Commission action on the subject zone change is �
governed by Section 18.56.04�0, Tigard Municipal Code, '�
reading as follows; ;
;
(a) The planning commission, after public hearing as �
provided in Chapter 18.88 may by reso�ution, recommend s
approval of the planned development district and the �
general development pla.n and program, with or without �
modifications or may deny the application. A decision �
to recommend approval of a p�anned deveJ.opment district
sriall be based upon the following findings: ;
,
,
(1) That the proposed development is in sul�stantial �
conformance with the comprehensive plan for
the city;
(2) That exceptions from the standards of the under-
lying district are warranted by the design and
amenities incorparated in the deve�.o�ment plan �
and pragr.am; ,
(3) That the proposal is in harmony with the sur- i
rounding area or its potential future use; �
(4) That the system of ownersh,ip and the means �
of developing; preserving and maintaining open 1
spaces is suitab�.e; '
�
�
,
I
Planning Commission Staff Report - page 2 - August 20, 1974 ',
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� (5) That the approval will have a beneficial ��
,,
effect on the area which could not be achieved '''
under. other zoning districts; ��
�� (6) '.Chat the proposed development, or a unit there- � i
of, can be substantially completed within one �_'
year of the approva�. `�'
i ai
(b) A resolution for approval shall be considered �,I
by the city council according to the provisions of !>=
� Chapter 1F3.88. A planning commission action to deny 4'."
the application may be appealed to the city council
as provided in Chapter 18.92. ;,':
,;,
4. The subject site is designated "Residential-Commercial"
on the Tigard Community Plan. According to the text
of this plan, "this category is intended to accomodate
higher-density dwelling structures, including high-rise
apartments, combined with a range of compatible office
and business uses. .An agr�:e:able arrangertient of 'mixed
land use' in these areas can best be achieved if large
tracts are developed as 'planned units"'e The Tigard ?;,
Com�nunity Plan continues, stating "these areas, i.e.
residential-commercial, are intended to have an 'urban
quality� not unlike the redeveloped sections of downtown
Portland. High-rise and low-rise apartments, and service
establishments, will combine to create an urban en-
va_ronment characterized by diversity, activity and amenity.
� The staff finds that the General Development P1an and
Program, as submitted, conforms to the objeci�ives of �'
the Tigard Community Plan. ;�
'il
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5. The General Development Plan and Program conforms to ;�,
the unadopted Tigard Triangle Development Plan., em- ;;:;
bodying the land uses and development principles set ;;_
forth in t:he Triangle Plan.
� �.
6. Exceptions to the standards of Title 17, Tigard Municipal
Code, specifically related to a 10 �oot road width
variance and 16 foot road right-of-way variance are not
warranted to the extent requested by the applicant. � ,
The requested right-�f-way width is not as critical as
the proposed street paving width of 24 feet where 34 `;a
feet is required of a local street. Emergency vehicles ;l
must traverse this street, being able to easily pass �,
other vehicles -when making an emergency call. The �'
applicant proposes a street with no parking and rolled
curbs, thus enabling a vehicle to drive off the roadway ��`�
to provide room for emergency vehicles. If an emer- �j`
gency vehicle were caused to leave the roadway to pass, !
it is possible that during the rainy season there would �;;�
be a potentia� of muddy conditions adjacent the road- �;;:
way and a potential for the miring of an emergency +,:
� vehicle. !�`
���
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Planning Commission Staff Report-�age 3 - August 20, 1974 l:°
:n
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� Approxi,mately 1500 persons wa.11 be wnrking in a maxi- �'
mum 371,000 square feet of offices and a motel pro- �
� vi.ding a considerable density o�' buildings and a �';
potentia�. for li�'e loss and thus a need for convenient a
emergency vehic�.e access. A 28 �oot street would allow �'
vehicles trave�ing t�nro directions to pull over to the ;�
�-;
curb and easily allow an emergency vehicle to pass. ��
One should kee� in mind the differences in maneuverability �
between an arnbu�ance and a larger fire truck. �ii
As the subject proposed. street wi�l be dedicated to the �',
�ublic, contro�. of parkinb should not be a significant i
� � � � pro�blem�. ��''�
�;,
The staff recommends a road width variance from 34 feet �'
to 28 feet. Please note a l�tter to the applicant from
the Tualatin Rural Protection Fire District, submitted ,;
by the applicant as a part of the General Development
d dated Au"ust 9 1974• �
Plan and Program an g ,
,`i
7. The General Development Plan and Prog�am is compatible ?
with the existing �haracter of the area and potential
future uses. The I-5 freeway and Beaverton-Tigard
Expressway form two sides of the site, with the Lamb- '
Weston and proposed Lincoln Properties office complexes r:
bordering the northern portion of the site. These !,
adjacent uses are si.milar and compatible with the pro- ��'
posed development. �
Y f��
8. The applicant proposes to retain ownership of a7.1 the `'
subject site, with the exception of proposed street %�
dedications. All property is to be �eased to individ- ��
ual clients. In a memorandum dated August 15, 1974,
and submitted as part of the General Development Plan `�
and Program, the appl.icant states:
,;;;
��Tt has been and will continue to be F. I. G. ' s ` '
policy to develop and maintain quality landscaped ±
�'�
settings for their properties. Farmers will be t �
responsible for developzng an.d maintaining all ���
common, open areas, pedestrian ways and streets. 4,'
In addition, they will develop and maintain the ,#'.
dedicated required public right-of-way and public ;'
, .
Wc-�lka. �� ji;"'.
This is sufficient; however, a formal agreement between �,�;
Farmers and the City should be executed to ensure main- �:
tenance of non-roadway improvements within th;e dedicated �:�
right-of-way. '�'`
��>:
9. Approva�. of the General Development P�an and Program ";
provides a means of creating a coordinated project f�
design over a large tract of land within the corporate �,,;
� limits of Tigard. As the site has natural amenity and 3�;
t�:
�y,
��
Cy
P�anning CommisSion Staf�' Report - page 4 - August 20, 1974 �h;
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visibility .from adjacent freeways, it is in the in- �'
terest of the City to ensure the greatest degree of 4!
�.. design cont.rol over the subject property, The Planned ;
Development District assures such design con.trol and �;
coordination, not inherently achieved by using other ,
zoning districts. f,
6
10. A unit of the proposed development could be sulastantially `G
completed within one year: f''
i
11. Please note the applicant addressed the requirements of `
the "Fasano" decision during hearings for review of f�.
the preliminary development plan and program on August F;
7, 1974. Appr.oximate�.y one year has elapsed since this �
presentation. The applicant has again addressed ��Fasano�� i'
in the submitted General Development Plan and Program.
A final finding by the Planning Commission regarding !'
"Fasano.�� should await the hearing and cross examination "
procedures of August 20, 1974. f,:
Please note there is no longer a sewer hook-up mora- `'
torium and that adequate water is avaa.lable to serve `
the subject site.
Sta�f Recommendation �;
�
Upon an affirmative finding of the Planning Commission re- t
� garding ��Fasano��, approval of the Genera�. Development Plan
and Program subject to the satisfaction of the �ollowing
conditions:
l. Prior to issuance of building permits for each de-
velopment phase, the applicant shall submit detailed
site developmen.t plans for review by the Planning ��
' Commission. The Planning Commission shall review N
said site development plans to ensure conformance j'
with the approved Genera� Development P�an and Pro-
gram and the standards of Title 18, Tigard Municipal �
Code.
;!
�
2. The east-west portion of the proposed dedicated street �
shown upon the applicant's General Development Plan
and Program shall be constructed within a 38 foot
dedicated right-of-way with a 28 foot paving width.
No par.king shall be allowed on any portion of the
streets proposed for dedication by the applicant's
General Development Plan and Program. Mountable
curbs shall be al�.owed.
3. Prior to issuance of building permits for construction
of structures upon parcels one, two, three and four
of the applicant's "site plan'� portion of the subject
General Development Plan and �'rogram, the property
�
Planning Commission Staff Report - pa�e 5 - August 20, �974
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owner sha�.l dedicate a public right-of-way and �'
construct a street to standards set forth in the �'
I'.
�.. Genera� Development P�an and Program �'or said
street. Standards for said street sha11 recogni.ze ��
variances as �ranted by Planning Commission or City �
Council action. Said street shall conform to City ��
street construction standards. �
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4. Prior to issuance of Y�uilding permits for any ';
development phase, the property owner shall execute �'
a formal agreement with the C�ty setting forth {;
responsibi�.ity for grounds maintenance of all 4'
� common landscaped areas and responsibility .for i'
landscape maintenance within the dedicated right-
' of-way. ;i
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Planning Commission Staff Report - page 6 - August 20, 1974
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TIGARD PLANNING COMMISSION
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Staff Report
� August 20, 1974 � ;
Agenda Item 5.1
CU 8-74 (Woodard)
Conditional Use .
For pioperty located at 12455 S. W. Main Street (Tax Map
2S1 2AB, Tax Lot 2800) .
Applican.t
Ger�ld H. Woodard
Applicant' s Request
Appr�oval of a conditional use within the C-3, CTeneral
Commercial zone to conduct an appliance repair business.
Applicant's Proposal
To conduct an appliance repair business on the subject
property.
�__ Staff Findin�s �
l. At its regular meeting of May 21, 1974, the Plann.ing �
Commission took action to declare appliance repair
a conditional use within the C-3, General Commercial
zone and a permitted use within the M-3, Light In- i
dusti�ial zone. F
2. The applicant's proposed location on S. W. Main Street
is in an office-garage type structure between the ARCO
station and the building occupied by Tigard Shoe repair.
3. The proposed location has drive-way access from S. W.
Main St. and is a situation similar to a previaus con- ^
diti�nal use approval for Tualatin Valley Glass, a�so '�
located on Main St. ,
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4. The recently-adopted Neighborhood P�an One for the Ash �
Avenue-Downtown Area designates the subject site "retail
commercial".
5. All surrounding zoning is C-3, General Commercial. A1.1
surrounding land use is commercial in character.
�< 6. Please note the att�ched applicant's response to the
� '�Fasano" guidelines.
7. The staff is concerned about the following site consider-
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ations:
o the loading and unloading of large appliances.
��? This should be conducted within the building, if
possib�e.
0 outdoor storage or display of used appliances
o Because of a lack of maneuvering room and con-
sideration for public safety at the intersection
of S. W. Main and Burnham Streets, no off-street
parking should be allowed in front of the sub-
ject structure.
o The location of off-street parking -- The proposed
use would rer�uire 4.5 arking spaces as per
section 18.60.120 {TMC�} .
Staff Recommendation
Staff wishes to withhold recommendation until it has an
opportunity to question the applicant at the public hearing.
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PC Staff Report - page 2 - August 20, 1g74
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7;
TIGARD PLANNING COMNlISSION
Staff Report '�
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August 20, 1974 '
Agenda Item 6.1
S 1-73 (Greenway Terrace)
Subdivision Variance �
� For property located westerly of S. W. 115th Avenue, be- ;:
tween Fonner and Gaarde Streets
Applicants
Fred Trueax, Leota J. Fritz, Al Began
Applicant's Request
Approval csf the following variances:
Section 17.28.040 Minimum right-of-way wiath -- westerly street
l. Street right-of-way width: variance from a required 50
foot right-of-way width to a proposed 40 foot width.
2. Cul-de-sac right-of-way width: variance from a required
� 50 foot radius to a proposed 45 foot width.
3. Street paving width: variance from a required 34 foot �
paving width to a 28 foot paving width. �
Section 17.44.040 Sidewalks -- westerly street �?
1. Sidewa�ks 4 feet wide where 5 foot width is required. ;;i
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2. Sidewalks on one side of street when requa.red on bo•th a�l
sides of street. ';;ql
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3. Sidewalks adjacent curb where requ,ired adjacent property '��
line. i
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Staff Findings .:�i
l. Please note the attached section of the Tigard Municipal �`'
Code relating to variances from standards of Tit1e 17. ii
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2. The sub 'ect reliminar p y pp y �'�
� p y plat was reviousl a roved b t:;
the Planning Commission on April 17, 1973. Please note t:'
attached letter of approval. Because a year elapsed �'
with no su�Gmission of a final plat, the preliminary plat ��
is required to undergo additional review as per section ��
17.20.120 (TMC) . During the past year a variance pro- �
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cedure was established and made part of Title 17, �`'..
consequent�.y the applicant must also meet the require-
�; ments of this variance procedureo 's
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3. The applicant�s application for exception is attached €:'
to the sta.�f report. ��
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4. Upon examination of the subject application for ex- t;
ception as com ared to the findings required by Section ��
17.48.020 (TMC�, the following comments can be made:
`�,
o Note the applicant is not reguesting a variance
from stre�t paving width standards.
o There are special circumstances or conditions
affecting this property which are not unusual
and peculiar to the lands or development of ;
the project involved as compared to similarly
situated lands. The subject site has moderately ��
steep topography and encompasses a greenway area
as identified in the Tigard Community Plan.
o The requested variances are not necessary and the �
minimum required for the preservation af a sub-
stantial property interest of the petitioner and
the public to the degree that extraordinary hard- �
ship would resul.t from strzct compliance with the ;';
� regulations. It is possible to canstruct � 34
foot paved street with sidewalks adjacent the curb.
The only variance needed would be the placement
of sidewalks a.djacent the curb. A 50 foot right-
of-way is completely �easible without severe�y
infringing upon the proposed greenway area. Place- ��
ment of sidewalks adjacent the curbs is the mini- �;
mum variance re uired to minimize cuttin and ��
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filling. The applicant has not shown how the ��
cutting and filling would cause an extraordinary '�
hardship. jj
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o The granting of the variances could be detri- d
mental to the public safety because sidewalks pro- ;;�
vide a degree of safety to pedestrians and bi- �`
cyclists by separating their movements �rom motor ?
vehicles, thus the diminuation of sidewalks could �
decrease public safety. The requested variances f
do not con�orm to the Tigard Community Plan, y
said plan stating ��Residential subdivisions wil� �
be developed with paved streets, curbs and gutters, }
street lights and walkways according to city or
county standards. "
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PC Staff Report - page 2 - August 20, 1974 - item 6.1
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o Except for the appJ.icant's requested variances,
the p roposed subdiva.szon conforms to a11 other
regulatory requiremen-ts of Titles I7 and 7.8
� (TMC) and adequate provision has bePn made for
traffic circulation, recreation and open spaces.
The applicant's proposal �:as been r�viewed by
the Tualatin Rural Fire Protection District.
Staff Recommendation
Denial of the appla.cant's requested variances based upon the
following:
o lack of justification for proof of extraordinary
hardship
o The applicant's proposal does no�t affirmatively meet
a�l necessary �'indings defined by Section 17.48.020
(TMC) especially related to public safety and con-
formance with the comprehensive plan.
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PC Staff Report - page 3 - August 20, 1974 - agenda item 6.1
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