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Planning Commission Packet - 10/15/1974 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. AGENDA TIGARD PLANNING COMMISSION October 15, 1974 Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER 2. ROLL CALL . 3. APPROVAL OF MINUTES 4. PUBLIC HEARING - Conditional Use 4.1 CU 10-74 (Trend Leasing) A request by Trend Leasing Company of Portland for con- ditional use approval to conduct a truck leasing operation in a C-3, General Commercial zone on property located at 11611 S. W. Pacific Highway between the Mr. Steak Restaurant and the Fred Meyer Shopping Center. The site comprises 1.00 acre. (Tax Map 1S1 36DB, Tax Lot 501) . Staff Findings Testimony and Cross Examination Staff Recommendation Commission Discussion and Action 4.2 CU 12-73 . (S.N.S. Development Corporation) Request for renewal of a conditional use permit granted on EI July 3, 1973, to allow construction of two duplex units at the intersection of S. W. 106th Drive and S. W. Tiedeman Avenue on tax lots 2000 and 4400, tax map 2S1 3AA. Staff Findings `. Testimony and Cross Examination Staff Recommendation Commission Discussion and Action 5. SUBDIVISIONS - Major Land Partitioning 5.1 Way Lee S 2-74 For property located southerly of S. W. Pacific Highway at\ Pacific Highway's intersection with S. W. 69th Avenue. (Tax Map 1S1 36AD, Tax Lots 6500 and 6501; Tax Map 1S1 36DA, Tax Lots 300, 400 and 500) . Staff Findings Testimony and Cross Examination Staff Recommendation Commission Discussion and Action 6. MISCELLANEOUS - Interpretation of Use 6.1 United States Bakery Request to Planning Commission to interpret a bakery goods thrift store as similar to conditional uses allowed in the C-3, General Commercial zone. 7. OTHER BUSINESS 8. ADJOURNMENT } IN f`. 1 }r),i ttt� MINUTES 'IGARD PLANNING COMMISSION October 15, 1974 t'wality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER A. The meeting was called to order at 7:40 p.m. 2. ROLL CALL A. Present: Ball, Barkhurst, Hartman, Nicoll., Hansen, Popp, Sakata, Chairman Whittaker, City Planner Bolen B. Absent: City Attorney Fred Anderson S. APPROVAL OF MINUTES A. The minutes of the September 3, September 17, and October 1, 1974, meetings were approved as submitted. 4. PUBLIC HEARING - Conditional Use 4.1 CU 10-74 (Trend Leasing) A request by Trend Leasing Company of Portland for conditional use approval to conduct a truck leasing operation in a C-3, General Commercial zone, on property located at 11611 S. W. Pacific Highway between the Mr. Steak Restaurant and the Fred Meyer Shopping Center. The site comprises 1.00 acre. (Tax Map 1S1 36DB, Tax Lot 501) . A. Staff Findings 1. Bolen presented the relevant findings pointing out that the City Council at their October 14, 1974, meet- ing had approved the zone change from R-7 to C-3 for the subject property. B. Testimony and Cross Examination 1. John Stewart, the applicant's attorney, spoke for the application reiterating the fact that the Fasano burden had been met for the C-3 zone change and asking that the Planning' Commission consider the lot as a storage area rather than a parking lot as defined by the City ordinance. PC Minutes - October 15, 1974 - page 1 2. David Martin of 11130 S. W. 74th, who lives in a home abutting the subject property on the north, stated his concern for the appearance of the proposed storage area and stated his fear that trucks would eventually be parked right against the fence on his property line giving an undesirable view from his windows. C. Staff Recommendation 1. The staff recommended that the subject area be treated as a storage area with fencing on three sides -- north, west and east. In addition, staff recommended that trees ®n the north and west side be planted at a height of 13i feet to properly screen the truck stor- age area as recommended by the City Council when the zone change was Avproved. 2. Ball asked Bolen if he saw a need for any trees along the Fred Meyer property line. Bolen said that the Fred Meyer building does present a rather barren facade and some deciduous tree plantings in this area would be desirable and certainly would improve the appearance in future years, but in that some of this responsibility must lie with Fred Meyer, he felt the Planning Commission should discuss this matter before offering a recommend- ation. 3. Popp asked if this staff recommendation meant that the fence would extend into the asphalt area between the storage area and the office area fronting Pacific Hwy. 4. Bolen said that this was his intention -- to provide fencing along the entire southern property line to screen visibility from Pacific Highway. D. Commission Discussion and Action 1. The Commission discussed the proper heights of trees to screen the storage area. There was agreement that �. trees higher than 6 feet as proposed by the applicant would be necessary to screen the area as directed by the City Council in approving the zone change. Some of the Commissioners were concerned that requiring trees equal to the height of the trucks, 13* feet, would place an unnecessary burden financially on the applicant. Ball stated his belief that the trees should be adequate to screen the storage area from adjacent residential areas, in this case 13* feet. 2. Popp moved that the subject area be considered a storage area and that the necessary fencing be provided. Hartman seconded and the motion passed by unanimous vote. PC Minutes - October 15, 1974 - page 2 i t' 3. Popp moved that the minimum height of trees to be pro- vided as screening be 8 ft. and planted at 15 ft. on center, to include the northern, western and southern IC property lines extending to, but not including, the entrance to the storage area. Hansen seconded and the motion passed by a majority vote with 3 commissioners voting nay. 4. Barkhurst moved that no vehicle repairs be conducted on the subject site. Sakata seconded and the motion passed by unanimous vote of the Commission present. � k, 5. Barkhurst moved that the hours of operation be from �� 6:00 a.m. to 41:00 p.m. Nicoli seconded and the '� 2� motion passed with Ball abstaining and Whittaker and C �G Sakata voting nay. �-� 6. Sakata moved that no more than 20 vehicles be allowed within the storage area. Hartman seconded and the motion failed by a majority vote. 7. Barkhurst moved to request the City Administrator to contact the Fred Meyer Shopping Center asking that trees be planted along the subject site property line. Hartman seconded and the motion passed by majority vote. 8. Popp moved to approve the conditional use allowing stor- age of rental trucks and automobiles within the subject ( area and including the above-stated conditions. Nicoli \P seconded and the motion passed by majority vote. / z4 k l Zj / ,a/P cC, 4.2 Cu 12-73 (SON.S. Development Corporation) �, Request for renewal of a conditional use permit granted on ``tNu7 July 3, 1973, to allow construction of two duplex units at J��� the intersection of S. W. 106th Drive and S. W. Tiedeman Avenue on tax lots 2000 and 4400, tax map 2S1 3AA. A. Staff Findings 1. Bolen presented the staff findings and pointed out that this conditional use for duplexes was originally approved on July 3, 1973, and shortly after the time of approval the sewer moratorium commenced, thereby precluding use of the property according to the approved conditional use. He also pointed out that when the permit was granted in 1973, that no development had as yet begun in the adjacent Clydesdale subdivision. He noted that develop- ment has since taken place and the compatibility of any duplexes in this location with the existing develop- ment should be considered. PC Minutes - October 15, 1974 - page 3 B. Testimony and Cross Examination 1. No one was present to speak for this application. Ca Commission Discussion and Action 1. Ball stated that without the applicant present to make a case for the Planning Commission to consider, that there was no basis for the record to justify the Commission's approval of this request. Ball then moved to table the request to allow the applicant to attend the next meeting and address the Commission. . Hartman seconded and the motion passed by unanimous vote. 5. SUBDIVISIONS - Major Land Partitioning 5.1 S 2-74 (Way Lee) For property located southerly of S. W. Pacific Highway at 4 • Pacific Highway's intersection with S. W. 69th Avenue (Tax Map 1S1 36AD, Tax Lots 6500 and 6501; Tax 9 Map p 1S1 36DA, Tax H Lots 300, 400 and 500) . A. Staff Findings 1. Bolen reiterated the findings of the October 1, 1974, staff report in summary form and explained the pre- liminary liminary plat as displayed for the Commission's con- sideration. B. Testimony 1. Hans Vatheuer, the applicant's engineer, spoke for ! the submitted plat, stating that he had included the S' Planning Commission's concerns as expressed on October 1, 1974, and felt that it represented a logical division of the subject site. C. Staff Recommendation 1. Bolen recommended approval of the preliminary plat sub- ject to the condition that the street be improved to the terminus of the dedicated right-of-way, that a reserve strip be provided at the end of the right of rr way and adjacent the White property and adjacent the portion of the applicant's property labeled "Lot 1, F, Lot 2"a In addition, staff recommended that the applicant participate in the cost of signalizing the intersection of 69th Street and Pacific Highway. D. Commission Discussion and Action PC Minutes - October 15, 1974 -page 4 } 0 • .,: ( • 1. The Commission spent considerable time considering the proper means of assuring that access rights of adjacent properties were protected. As stipulated in the above staff recommendation, Bolen proposed that these rights be protected by providing a reserve strip of City-owned property between the proposed dedicated right-of-way and the subject parcels. Ball suggested that the re- serve strip is not an adequate means of guaranteeing access in that the points for access proposed might not lend themselves to proper development of this property. 2. Ball moved that when the plat is resubmitted, access to the White property should be protected by means of a reserve strip to be held by the City along this portion of the proposed dedicated street. In addition, a reserve strip would be provided at the terminus of the proposed right-of-way. Sakata seconded and the motion passed by unanimous vote. 3. Hansen moved that the parking areas he designed so as to facilitate turn-around traffic movements, especially emergency vehicles such as fire trucks and police cars. Barkhurst seconded and the motion passed by majority vote with the Chairman voting no. 4. Ball moved that the property line be eliminated between lot 2, block 1 and lot 1, block 1. Popp seconded and the motion passed by unanimous vote. 5. Barkhurst moved that the paving of the proposed street be extended to the end of the nearest driveway with the City requiring a bond in sufficient amount to pro- vide for construction of the remainder of the street. Hansen seconded and the motion passed by unanimous vote. 6. Barkhurst moved that a covenant be attached to each par- cel of property stating that they would participate in the cost of placing a traffic light at the intersection of S. W. 69th and Pacific Highway. Sakata seconded and the motion passed by unanimous vote. 7. Barkhurst moved to approve the preliminary plat with the above-listed conditions. Hansen seconded and the motion passed by unanimous vote. 6. MISCELLANEOUS - Interpretation of Use 6.1 United States Bakery Request to Planning Commission to interpret a bakery goods thrift store and bakery goods warehouse combination as similar PC Minutes - October 15, 1974 - page 5 a i to conditional uses allowed in the C-3, General Commercial zone. A. Staff Findings 1. Bolen presented the findings on this case which in- cluded the history of a previous request of this type by the Continental Baking Co. for a similar site on Pacific Highway. Bo Testimony 1. Mr. John Schneider, representing U, S. Bakery (Franz Bakeries) spoke in favor of the request stating that what is involved is the transfer of bakery products from a major semi-type truck to route delivery tucks, Co Commission Discussion and Action to Barkhurst moved to find that the requested warehousing of bakery products and combined thrift store is not similar to other conditional uses permitted in the C-3, General Commercial zone. Ball seconded and the motion passed by unanimous vote of the Commission present. 20 Barkhurst recommended to the City Council that a bakery goods warehouse and combination thrift store be considered as a conditional use in the C-3 zone. Hartman seconded and the motion passed by majority vote with Ball voting nay. 8. ADJOURNMENT A. The meeting was adjourned at 10:30 p.m. p PC Minutes - October 15, 1974 - page 6 fi TIGARD PLANNING COMMISSION Staff Report October 15, 1974 Agenda Item 4.1 CU 10-74 (Trend Leasing) Conditional Use For the rear portion of property located at 11611 S. W. Pacific Highway between the Mr. Steak Restaurant and the Fred Meyer Shopping Center. (Tax Map 1S1 36DB, Tax Lot 501) . Applicant Trend Leasing Company of Portland Applicant's Request Conditional use permit to allow rental truck storage. Staff Findings 1. The Planning Commission, on September 17, 1974, recommended approval to the City Council of a zone change from R-7 to C-3 for the portion of the tax lot now in question. k The City Council will consider the zone change request at their October 14th meeting. In addition to recommend- ing approval of the zone change, the Planning Commission approved a conditional use for the front portion of the tax lot (see attached map) . 2. The Design Review Board, on October 3, 1974, reviewed the applicant's site development plan for the entire tax lot and gave their approval after requiring three minor changes. In addition, the Design Review Board raised the question of whether the truck parking area should be treated as a storage area or a parking lot. The Board chose to leave this decision to the Planning Commission. 3. If considered to be a storage area, the following zoning :a ordinance provision would apply: "18.12.080 Enclosure or screening required. (a) ? Except as otherwise permitted under the conditional use provisions of this title, all business, service, repair, processing, storage, or merchandise display shall be conducted wholly within an enclosed building. (b) When permitted under the conditional use pro- (5 visions of this title, all business, service, repair, processing, storage or merchandise display not con- conducted within an enclosed building may be required 1- • to be screened from the view of all adjacent rp oper- ties by a fence obscuring the sight of normal ad- ! ' acent •edestrian and vehicular traffic and or b landscaping of such a height and density as may be prescribed ,by the Planning Commission. " i , If considered to be a parking area, the following applies: "18.58.060 Landsca•in: and screenin• -- C- and C-4 ti', zones. Landscaping and screening requirements or C-3 and C-4 zones shall be as follows: 1. Tree and shrub plantings within parking areas iv, shall be provided and maintained at approximately seventy feet on center each way. 18.60.200 When fence required. When the boundary of a parking lot adjoins a residential district, such in �I screened by a sight obscuring parking lot shall be y g fence, prescribed rescribe d b section 18.12.080. (Ord. , 70-32, Section 190-6(h) , 1970) . " Landscaping is provided on the submitted site plan around the perimeter of the property only. The parking lot re- , quirement which places trees at 70 feet on center would require alteration of the site plan as presented. 4. In spite of the questions raised by the Design Review 1 �,. Board concerning the parking or storage definition, the staff wishes to point out that the Planning Commission's judgment is not constrained by the above-cited portions of the ordinance and may require landscaping, screening, etc. as found necessary to render the proposed use com- patible to adjoining land use. "18.72.010 In granting approval of a conditional use, the Planning Commission may require in addition to the regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the City as a whole. The conditions may include re- quirements increasing the required lot size or yard dimen- sions, controlling the location and number of vehicular access points to the property, increasing street width, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage of height of buildings because of obstruction to view or reduction of light or air to adjacent property, requiring sight-obscuring fencing and landscaping where necessary to reduce noise or glare or maintain the property in a charachter in keeping with the surrounding area, and requirements under which any future enlargement or al- teration of the use shall be reviewed by the Planning Commission and new conditions imposed. " Page 2 - Staff Report - PC - October 15, 1974 - Item 4.1 5. Staff finds that the question of the appropriateness of the proposed use in the C-3 zone at this location y has been substantially determined by previous Planning Commission action and the issue presently is one of compatibility with adjoining development. 6. Properties to the north and west are zoned R-7 with the northern properties developed with single family housing. The applicant's site development plan shows a six foot chain link fence with wooden slats on these two boundaries. To the east is the Fred Meyer Shopping Center. The build- ing extends along this western boundary to nearly its southern edge. No landscaping is shown on this property line. To the south is the -Mr. Steak parking lot and the • Trend Leasing office. Evergreen trees and ground cover are shown adjacent the restaurant parking lot and a planter island is shown near the entrance to the truck storage area. 7. Concerning the adequacy of the screening and landscaping proposed by the applicant, the staff makes the following judgments: A. The fencing and landscaping provided adjacent the residentially-zoned properties (north and west) appears adequate. B. Along the east property line there is no need to render this use compatible in that a bare wall faces the subject property; however, a consideration could be deciduous trees to alleviate the barren appearance of this wall. C. The southern property line, facing Pacific High- way, raises the most questions concerning com- patibility. If the area where trucks are to be parked is considered a storage area, it is custom- it ary to require sight-obscuring fencing and/or landscaping on all sides. If considered a parking lot, the necessity for sight-obscuring features is less valid, but landscaping would be required within the parking area as required by ordinance. It appears to staff that the applicant is requesting a 1 storage area. Therefore, sight-obscuring fencing and/or landscaping is necessary on the southern property line, including that portion facing the Trend Leasing office. Adjacent the Mr. Steak property, the site plan depicts shore pine at a spacing which will eventually provide a sight-obscuring screen. However, it may be a period of years before these trees grow to a size which will pro- vide screening of the storage area. Page 3 - PC Staff Report - October 15, 1974 Item 4.1 • ktk„, { .Y TIGARD PLANNING COMMISSION Staff Report October 15, 1974 Conditional Use Renewal CU 12-73 (Renewal) Request for renewal of a conditional use permit granted on July 3, 1973, to allow construction of two duplex units at the inter- section of S. W. 106th Drive and S. W. Tiedeman Avenue on tax lots 2000 and 4400, tax map 2Sl 3AA. Applicant S.N.S. Development Corporation Surrounding Zoning and Land Use The surrounding property is zoned R-7, single family resi- dential. The subject lots are part of the Clydesdale sub- division (see map) which is being developed with single family homes. To the west, across Tiedeman, is the new Fowler Jr. High School. ( Staff Findings 1. Since the Planning Commission approval was granted on July 3, 1974, there have been no changes in the surround- ing zoning. The development pattern has changed with construction of houses in the Clydesdale subdivision; however, this development was anticipated at the time the conditional use permit was granted. 2. When the conditional use permit was granted, the issue of assuring compatibility with surrounding development was virtually mute in that none existed. Since that time considerable development has occurred and the granting of a renewal should take this into consideration. The principle concern should be for a compatible building design with attention to style and height. As these structures will be located at the entrance to the sub- division, they will provide an identity for the entire development. TIGARD PLANNING COMMISSION Staff Report October 15, 1974 Agenda Item 5.1 S 2-74 (Way Lee) Major Land Partitioning For property located southerly of S. W. Pacific Highway at Pacific Highway's intersection with S. W. 69th Avenue. (Tax Map 1S1 36AD, Tax Lots 6500 and 6501; Tax Map 1S1 36DA, Tax Lot 300, 400 and 500) . Staff Findings 1. The site is currently vacant. The applicant proposes to construct and lease two restaurants as first phase develop- ment of the property. 2. The total site comprises 16.99 acres. Tax Lots 6500 and 6501 are located within a C-3, General Commercial zone, and Tax Lots 300, 400 and 500 are located within an R-7, Single Family Residential zone. 3. As more fully discussed in the October 1st staff report, the proposed commercial use of the property conforms to the adopted Tigard Community Plan and the existing C-3, General Commercial zoning. 4. The submitted preliminary plat conforms to the Planning Commission concerns expressed at the October 1, 1974, meeting. Street alternative "C" is dedicated to the south-east property line. ri ti NOTICE OF PUBLIC HEARING CITY OF TIGARD PLANNING COMMISSION Notice is hereby given that public hearings will be held by the Planning Commission of the City of Tigard in the Twality Junior High School Lecture Room, 14650 S. W. 97th Avenue, Tigard, Oregon. Said hearings will occur on October 15, 1974, at 7:30 p.m. and will concern the following: Request for renewal of a conditional use permit granted on July 3, 1973, to allow construction of two duplex units at the intersection of S. W. 106th Drive and S. W. Tiedeman Avenue on tax lots 2000 and 4400, tax map 2S1-3AA. A request by Trend Leasing Company of Portland for con- ditional use approval to conduct a truck leasing operation in a C-3, General Commercial zone on property located at 11611 S. W. Pacific Highway between the Mr. Steak Restaurant and the Fred Meyer Shopping Center. The site comprises 1.00 acre. (Tax Map 1S1 36DB, Tax Lot 501) . All persons having an interest in these matters are invited to attend and be heard. Publish TT October 10, 1974