Planning Commission Packet - 11/05/1974 POOR QUALITY RECORD
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AGENDA
TIGARD PLANNING COMMISSION
Regular Meeting, November 5, 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
3.1 Regular meeting of October 15, 1974
4. PUBLIC HEARING - Conditional Use
4.1 CU 12-73 (S. N. S. Development Corp. )
Request for renewal of a conditional use permit granted on
July 3, 1973, to allow construction of two duplexes at the
intersection of S. W. 106th Drive and S. W. Tiedeman Avenue
on tax lots 2000 and 4400, tax map 2S1 3AA. This item was
tabled at the October 15, 1974, meeting.
4.2 M 9-74 Flood Plain Fill Permit (Howe Lee)
Request for a permit to fill lands presently situated within
the 100 year occurrence flood plain located at 9110 S. W.
Burnham. (Tax map 2S1 2AC, tax lot 200) .
5. MINOR LAND PARTITIONING
5.1 MLP 7•-74 (Taco Bell/Dunkin Donuts)
Request to partition the existing tax lot at 11634-36 S. W.
Pacific Highway which presently contains the Taco Bell and
Dunkin Donuts buildings into two separate parcels containing
their respective buildings. (Tax map 1S1 36DB, Tax lot 2500.
6. INTERPRETATION OF USE
6.1 M 10-74 (Suzanne M. Johnston)
A request that dog grooming be considered similar to permitted
uses in the C-3, General Commercial zone. Property is located
at 11608 S. W. Pacific Highway
7. OTHER BUSINESS
8. ADJOURNMENT
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MINUTES
TIGARD PLANNING COMMISSION
November 5, 1974
Twality Junior High School - lecture room
14650 S. W. 97th Avenue, Tigard, Oregon 'j
4'.
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1. CALL TO ORDER
A. The meeting was called to order at 7:35 p.m. ;:1
2. ROLL CALL t
A. Members present: Ball, Barkhurst, Hansen, Hartman,
Nicoli, Popp, Sakata, Chairman Whittaker and City
Planner Bolen; Attorney Fred Anderson
3. APPROVAL OF MINUTES
A. The minutes of the October 15, 1974, Planning Commission I,
meeting were approved with the following corrections:
1) page 3, item 5 - the hours of operation should read !'
from 6:00 p.m. to 9:00 p.m.
2) page 3, item 8 - should note that Ball and Sakata I
voted no
4. PUBLIC HEARING - Conditional Use i `'
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1,
4.1 CU 12-73 (S.N.S. Development Corp. )
E,'
Request for renewal of a conditional use permit granted on x;'
July 3, 1973, to allow construction of two duplexes at the
intersection of S. W. 106th Drive and S„ W. Tiedeman Avenue
on tax lots 2000 and 4400, tax map 2S1 3AA. This item was
tabled at the October 15, 1974 meeting.
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 four months following l' '
this approval, a sewer moratorium was imposed by the
Unified Sewerage Agency. He also pointed out that 4.
when the permit was granted in 1973, no development
had as yet begun in the adjacent Clydesdale sub-
division. Development has since taken place and the
compatibility of any duplexes in this location with
the existing development should be considered.
B. Testimony and Cross Examination
1. Proponents
a) Charles Schulz of 'S.N.S. Development spoke in favor
of the request stating that for the period of time
when they were able to construct duplexes, a sewer
moratorium was in effect and they were not able to
comply with the, one year requirement as in the
city ordinance. He said that since the original
approval was granted, the market for rental units
of this type has become even stronger and a
greater community need therefore exists.
2. Opponents
a) No one appeared to speak in opposition to this
request.
C. Staff Recommendations
1. Bolen recommended approval of the conditional use re-
newal with two (2) recommended conditions:
a) that the submitted site plan fence outdoor use
areas such as patios from visibility of adjacent
streets and that driveways not be located on
Tiedeman, a city collector street.
b) that in order to assure compatibility with ad-
jacent single family development, that only one
story duplex buildings be permitted
D. Commission Discussion and Action
1. Nicoli stated his belief that the commission should
not attempt to regulate the height of buildings and
that the single family R-7 zone allows two story
dwellings and it would not be equitable to require only
one story buildings on this development.
2. Ball asked Bolen if :he agreed with the original find-
ings in 1973 which provided the basis for the original
approval and if circumstances have materially changed
since then.
3. Bolen said the basis for his recommended approval, was
the Planning ,Commission findings of July, 1973, and
that circumstances have not materially changed since
that time with the exception of the development of the
Clydesdale subdivision.
4. Hansen moved 'to approve. 'the :requested conditional use
PC Minutes - November 5, 1974 - page 2
renewal with the condition that on-site recreation areas
such as patios be screened from visibility and that no
driveway entrances be permitted on Tiedeman Street.
Nicoli seconded and the motion passed by unanimous ;'
vote.
4.2 M 9-74 (Flood Plain Fill Permit) - Howe Lee
Request for a permit to fill lands presently situated within
the 100 year occurrence flood plain located at 9110 S. W.
Burnham Street (tax map 2S1 2AC, tax lot 200) .
A. Staff Findings
1. Bolen presented the staff findings which in summary r' !
stated that all of the applicant's 6.8 acre parcel is
located within the flood plain and a fill permit is
-ry to use the ro-ert. according to its M-4,
necessary according
Industrial Park zoning.property
pointed out that the
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engineering study prepared for the applicant by
Sleavin-Kors Engineers does present a concept for
providing an area of developable land adjacent
Burnham Street without inhibiting the flood capacity , !
of Fanno Creek. He said a concept had been presented
( but not a detailed site grading and development plan.
In concluding, Bolen stated that the applicant had
addressed the engineering aspects of developing the
property, but had not adequately dealt with the F
question of its effects upon the environment (vege- }
tation, topography, etc. ) along Fanno Creek and the ¢-
proposed Greenway system. ,
B. Testimony and Cross Examination -`
1. Alex Arseniev, the applicant's engineer, said that '
he was available to answer any questions the commission
might have.
C, Staff Recommendation f:
1. Bolen told the commission that he saw two courses of
action which they could follow in deciding the appli- F' '
cant's request. These were: ; '!
a) tabling the request to allow the applicant time
to submit a plan dealing with the environmental tj
issues raised by the staff findings or,
b) approval with the conditions that: I It
1 - A detailed site grading plan be submitted to a`
the Planning; Commission prior to the beginning t'
PC Minutes - November 5, 1974 - page 3
of construction, meeting the requirements stated by
staff in finding number 4 which asked that the
plan conform to the APWA and UBC chapter 70,
grading and filling standards.
2 - that this grading plan deal with the environ-
mental issues raised by the staff in finding
five
3 - 25 feet be dedicated to the city adjacent the
new channel creek to provide for the path'
as part of the greenway system.
D. Commission Discussion and Action
1. Hartman said that the report submitted by the appli-
cant's engineer was nothing more than a sketch. He
then moved to table the request until such time that
a more detailed plan could be submitted to the Plann-
ing Commission which would deal with the concerns
raised by the staff findings. Sakata seconded the
motion.
2. Ball said that Hartman's motion did not go far enough
and he raised the question of how does the Commission
intend to monitor applications of this sort when they
do not possess the necessary engineering expertise.
He stated that section 18.57.060 of the Flood Plain
Ordinance provides the City the right to hire an en-
gineer to evaluate an application and stated his con-
cern that this should possibly be done in this case.
3. The Commission voted on Hartman's motion and it passed
by majority vote with Nicoll voting no.
4. Ball moved that the City engineer review the application
with the staff and if they are not able to properly
review the technical portions, then the City should
hire an engineer possessing the necessary qualifications
to do so. Hartman seconded and the motion passed by
unanimous vote.
5. Ball said that the NPO #1 group should be contacted
concerning this item in that they had considerable
interest in the City adopting a flood plain ordinance.
5. MINOR LAND PARTITIONING
5.1 MLP 7-74 (Taco Bell/Dunkin Donuts)
r Request to partition the existing tax lot at 11634-36 S. W.
Pacific Highway which presently contains the Taco Bell and
PC Minutes - November 5, 1974 - page 4
he
Dunkin Donuts buildings into two separate parcels containing
their respective buildings. (tax map 1S1 36DB, tax lot 2500) .
A. Staff Findings
1. Bolen presented the staff findings stating that the
applicant has requested the partitioning for tax
advantage purposes and to allow the placing of two
signs on the property rather than one.
B. Testimony and Cross Examination
1. Jim Roundtree of Century 21 Realtors was present to
explain the partitioning to the Planning Commission
and reiterated the purposes given by staff for the
request.
C. Staff Recommendation
1. Bolen recommended approval of the requested partitioning
with the condition that the owners prepare a joint
access agreement to be recorded with the deeds of
both parcels and the form of which to be approved by
the City Attorney's office.
D. Commission Discussion and Action
1. Barkhurst moved to approve the requested minor land
partitioning with the condition that a perpetual
easement be provided in order to assure future access
to the property-now containing the Dunkin Donuts building.
In addition, the City Attorney should look at the sub-
mitted documents to ensure that access is guaranteed
to both lots in perpetuity. Nicoli seconded,
2. Hartman stated that he did not like the reasons for
the partitioning as stated by the applicant and for
that reason would abstain from voting.
3. A vote was taken on Barkhurst's motion and it passed
by a majority vote with Hartman abstaining and Sakata
voting no.
6. INTERPRETATION OF USE
6.1 M 10-74 (Suzanne M. Johnston)
A request that dog grooming be considered similar to permitted
uses in the C-3, General Commercial zone. Property is located
at 11608 S. W. Pacific Highway.
A. Staff Findings
PC Minutes - November 5, 1974 - page 5
1. Bolen stated that the applicant wishes to open a dog
grooming shop in Tigard on property located in the
C-3 zone. This use is not specifically listed as a
Permitted use and the veterinarian and pet shop are
both conditional uses; however, Bolen stated that the
uses listed conditionally include overnight boarding
of pets, which dog grooming does not.
B. Testimony
1. No one was present to testify on this matter.
C. Staff Recommendation
1. Bolen recommended that the dog grooming be interpreted
as a permitted use in a C-3 zone based on the finding
that dogs would be at the premises for a short period
of time and would not be boarded overnight.
i]
D. Commission Discussion and Action
1. Barkhurst made a motion to consider dog grooming as
being similar to other uses permitted in the C-3,
General Commercial zone. Sakata seconded and the
motion passed by unanimous vote.
7. ADJOURNMENT
A. The meeting was adjourned at 10:15 p.m.
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PC Minutes - November 5, 1974 - page 6
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 November 5, 1974, at 8:00 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 1
2S1 3AA. This item was tabled at the October 15, 1974,
meeting.
Request for a permit to fill lands presently situated
within the 100 year occurence flood plain located at
a 2
9110 S. W. Burnham, Tax map 2S1 2AC, Tax Lot 200.
All persons having an interest in these matters are invited to
attend and be heard.
Publish TT October 31, 1974
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TIGARD PLANNING COMMISSION
Staff Report
November 5, 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 2S1 3AA.
Applicant
S. N. S. Development Corp.
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 surrounding
zoning. The development pattern has changed with con-
struction of houses in the Clydesdale subdivision; however,
this development was anticipated at the time the condition-
al use pemit 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 in the form of one
story ranch style houses. 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 subdivision, they will provide an identity
for the entire development.
3. Following granting of this request in July of 1973, the
Unified Sewerage Agency imposed a sewer moratorium in the
following November. Therefore, while the code requires
substantial progress toward completion of the conditional
use to be in evidence within one year following its approval,
the applicant was only able to obtain a building permit for
the first four months of the total twelve months available
to him.
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TIGARD PLANNING COMMISSION
Staff Report
? November 5, 1974
Agenda Item 4.2
M 9-74 (Howe Lee - Fill Permit)
Flood Plain Fill Permit
Request by Howe Lee, owner of property located at 9110 S. W.
Burnham, for a permit to fill lands presently situated within
the 100 year occurrence flood plain.
Applicant's Proposal
To excavate the portion of his property adjacent Fanno Creek
and deposit this material adjacent Burnham Street in order to
create a developable piece of property above the 100 year
flood level (see enclosed engineer's report) .
Staff Findings
1. All of the applicant's property, 6.8 acres, is located within
the 100 year occurrence flood plain as defined by the U. S. `''!
Army Corps of Engineers in their document entitled, Flood
Plain Information, Tualatin River and Tributaries, Washington ie
County, Oregon, June 1969. This study provides the basis k;
for flood plain identification as referenced in the Tigard
Flood Plain and Fill Ordinance No. 74-50 adopted in August
of this year.
2. The property is presently zoned M-4, Industrial Park, allow-
ing light industrial uses. A small portion west of the old
Fanno Creek bed is zoned Z-2, apartments. (See attached map
for surrounding zoning) . The adopted Ash Avenue-Downtown ,
Plan proposes that the zoning on this property be changed
from M-4 to C-3, General Commercial. While the property
is currently zoned for industrial use, the overlying Flood
Plain zone precludes development for this purpose. (See
enclosed Flood Plain Ordinance, Permitted Uses, section 18.
57.030) . The permitted uses are limited to those which do ; j
not obstruct water flow or impair storage capacity. For
example, parking areas, roadways, farmlands and various
recreational uses. Prohibited uses include filling and per- I''
manent structures. As a consequence of the Flood Plain
Ordinance, the applicant is unable to use any portion of
his 6.8 acre parcel as presently zoned.
3. As mentioned in the engineer's report, the channel of Fanno
Creek has been realigned as part of the Unified Sewerage
Agency's interceptor project to eliminate several bends,
with the result of improving its flow capacity. It is
possible that improvements made this past summer will re- fT
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duce the flood hazard to this and other properties in
future years; however, this possibility can only be de-
termined by detailed analysis of the entire Fanno drain-
age basin, a study which the Corps of Engineers anticipates
completing in the near future -- hopefully within two years.
4. The City Planner, with the assistance of the Public Works
Department, has reviewed the study submitted by Sleavin-
Kors Engineers and concludes that the proposed site develop-
ment concept does not violate the intent and purpose of the
Flood Plain Ordinance. The staff does consider the sub-
mitted plan a concept, however, and a condition of granting
a permit should specify that detailed plans and specifications
for a site grading plan be submitted for approval of the
City Public Works Dept. before any phase of the site develop-
ment can begin. This grading plan should comply i th the
standards of the American Public Works Association and
Chapter 70 of the 1973 edition of the Uniform Building
Code, both of which have been adopted by the City. The
submitted plan should include a sufficient number of cross
sectional diagrams to enable the Public Works Dept. to
properly determine compliance with the Flood Plain Ordinance
and any conditions imposed by the granting of a fill permit.
5. In addition to the engineering aspects of the proposal,
its environmental effects must also be considered. Of
primary concern to the staff are:
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A. replacement of vegetation to prevent erosion
B. compatibility with the proposed Greenway System
The first concern will require ground cover as well as
trees to protect the ground surface from erosion. The
second matter also implies the need for vegetation, but
topography must also be considered. For instance, the
surface characteristics of adjoining property should be
related to this site. The Community. Plan and the NPO #1
Plan both. stress the need for retaining the natural
features adjacent Fanno Creek and its tributaries. These
features include vegetation, hills, rills and stream banks.
The proposed project, in order to produce a flood water
storage basin, would remove the upper portion of the
eastern stream bank and create an essentially flat, low
piece of ground 450' long and averaging 350' in width.
While such an area would function well as a storage
basin, it would be detrimental to the Greenway System.
This situation could be remedied by retaining the east-
ern stream bank and providing a more natural surface in
the storage area to include small hills with tree plant-
ings, etc. In order to retain the stream bank, means
must be provided for returning flood waters from the
storage basin to the stream channel. This can be achieved
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PC Staff Report - November 5, 1974 - page 2 - Item 4.2
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by providing openings in the bank which would allow
dr waters to enter the storage basin in time of flood and to
Illw later recede as the flood level subsides.
6. The City presently possesses a 25 ? easement for pathway
purposes across the Crow Engineering property to the
south. A similar easement is desirable on this property
to allow for a path located on the stream bank. Pedestrian
access to this and adjoining properties is of importance
because of the anticipated change in zoning to provide for
commercial uses. By this means, walk-in trade from the
adjacent residential area, where several acres of apart-
ment developments are planned, will be facilitated.
7. The staff is aware that in order to comply with the above
stated environmental issues, the applicant will be removing
less material from the area to be excavated and as a re-
sult, diminishing the size of the area which can be filled.
8. In that this is the first request to be reviewed by the
Planning Commission for a fill permit, the staff wishes
to point out that approval can only be granted following
findings by the Commission that the purpose and intent
of the ordinance has been adhered to (section 18.57.010)
and according to the guidelines provided in section 18.57.
060 (3a & b) .
Staff Recommendation
Staff recommendation will be given following the receipt of
testimony by the Planning Commission.
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PC Staff Report - November 5, 1974 - page 3 - Item 4.2
TIGARD PLANNING COMMISSION
Staff Report
YNovember 5, 1974 '.
Agenda Item 5.1
MLP 7-74
Applicant
ii
Taco Bell and Dunkin Donuts, 11634-36 S. W. Pacific Highway,
(tax map 1S1 36DB, tax lot 2500) .
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Applicant's Request
To partition the existing tax lot which presently contains
the Taco Bell and Dunkin Donuts buildings into two separate
parcels containing their respective buildings.
Staff Findings
1. The property in question is zoned C-3, General Commercial,
and the two restaurant buildings are nearing completion.
2. The access point to Pacific Highway will be shared and a joint
access agreement has already been negotiated.
3. The applicant states the purpose of the partitioning is for
tax purposes and to allow separate free-standing signs for
each business. Presently the Tigard Sign Code allows one
free-standing sign per premise. The city attorney has
determined a tax lot constitutes a premise, meaning that
the two buildings are allowed one free-standing sign un-
less located on separate tax lots.
Staff Recommendation
Staff recommendation will be given following the receipt of
testimony by the Planning Commission.
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TIGARD PLANNING COMMISSION
Staff Report
November 5, 1974
Agenda Item 6.1
M 10-74
Applicant
Suzanne M. Johnston
Applicant's Request
That dog grooming be considered similar to permitted uses in
the C-3, General Commercial zone.
Staff Findings
1. A pet shop and veterinarian are both conditional uses in
the C-3 zone; however, a dog grooming shop does not house
animals on the site, having them for a short time only.
The staff suspects that the kennel aspects of a pet shop
and veterinarian are the reasons for including them in
the conditional use section.
Staff Recommendation
Staff recommendation will be given following the receipt of
testimony by the Planning Commission.