Planning Commission Packet - 11/19/1974 POOR QUALITY RECORD
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AGENDA
Tigard Planning Commission
`'' Regular Meeting, November 19, 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 Meeting of November 5, 1974
4. PUBLIC HEARING - Conditional Use
4.1 CU 11-74 (John Setniker Auto Repair)
Request by John Setniker for a conditional use permit to
operate an automotive repair garage in the C-3, General
Commercial zone on property located at 13340 S. W. Pacific
Highway (tax map 2S1 2CB, tax lot 2000) .
4.2 CU 12-74 (American Legion Post 158)
Request by American Legion Post No. 158 for a conditional
use permit to operate a lodge facility in the C-3, General
Commercial zone on property located at 13620 S. W. Pacific
Highway (tax map 2S1 2CC, tax lot 900) .
5. MINOR LAND PARTITIONING
5.1 MLP 8-74 (Country Kitchen - Shakey's Pizza)
Request to partition property located at the intersection of
S. W. 69th Street and Pacific Highway on the north-east
corner to provide two parcels to separate restaurant facilities
(tax map lSl 36AD, tax lot 4300) .
6. OTHER BUSINESS
7. ADJOURNMENT
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MINUTES
TIGARD PLANNING COMMISSION
NoveMber 19,' 1974
Twality Junior High School - lecture room
14650 S. W. 97th Street, Tigard, Oregon
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1. CALL TO ORDER
A. The meetingwas called to order at 7:35 p.m.
• 2. ROLL CALL
• A. Members present: Hartman, Nicoli, Popp , $akata, Barkhurst,
Chairman Whittaker, City Attorney Anderson, City Planner
Bolen
• B. Members absent: Ball, Hansen
3. APPROVAL OF MINUTES
A. The minutes of the November 5, 1974, meeting were approved
as submitted.
4. PUBLIC HEARING - Conditional Use
(- 4.1 CU 11-74 (John Setniker Auto Repair)
Request by John Setniker for a conditional use permit to operate
an automotive repair garage in the C-3, General Commercial zone
on property located at 13340 S. W. Pacific Highway (tax map 2Sl,
tax lot 2000) .
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A. Staff Findings
• 1. Bolen presented the staff findings which, in summary,
described the project proposed by the applicant and
stated that the proposal does not conform to the adopted
plan for the area.
B. Testimony and Cross Examination
1. John Setniker, the applicant, described his operation
to the Planning Commission stating that he would be
operating an automotive repair garage and added that
the gasoline pump shown on the site plan would be for
his own use only.
2. Wes Hycey of S. W. 103rd Street said that he had been
a customer of Setniker's for 20 years and thought
(_ the request should be approved. In addition, he added
PC Minutes-,November '19 , 1974 - page 1 .
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that the notice which was distributed stated the
meeting time as beginning at 8:00 and the Planning
Commission should have held to this notice time
rather than start at 7:30.
3. Chuck Stearns of S. W. School Street said that Mr.
Setniker should be allowed to continue his business
on the proposed parcel,
4. Fred Olson, a property owner nearby on Pacific High-
way said that he believes the business should be
allowed at this new location.
5, Gordon Moore said that he agreed with statements
made by previous proponents.
C. Staff Recommendation
1. Bolen recommended denial of the request based on the
staff findings which included that the request does
not conform to the adopted NPO #1 Plan and that the
street system as it exists is not sufficient to handle
increased commercial traffic loads.
D. Commission Discussion and Action
1, Hartman asked Bolen to show on the applicant's site
development plan where the new frontage road would
be located. Bolen showed the road and pointed out
that it would pass to the rear of the proposed
building site.
2. Nicoli asked the City Attorney if this use could be
postponed until the frontage road were constructe4,
The City Attorney replied that the City could not freeze
development of this land based upon a court decision
concerning the City of Salem. He referred to this as
the "Salem Freeze Case".
3. Whittaker stated his concern over the fact that the
proposed use does not conform to a publicly adopted
plan.
4. Barkhurst stated his belief that the existing frontage
road is not adequate to serve commercial development
and the change in use of this property from residential
to commercial use should be made with provision for the
frontage road shown in the NPO #1 plan,
5. Popp asked if the future frontage road could serve this
parcel. Bolen said yes, it would traverse the rear
of this parcel.
PC Minutes -November 19, 1974 - page 2
6. Popp moved to approve the conditional use based upon
the finding that it would not violate the NPO #1
plan and that a community need has been demonstrated.
In addition he included that a towing operation could
be part of the approved use. Nicoli seconded the
motion.
7. Barkhurst said that he could not vote for the motion
in that the burden of proof lies with the applicant
to convince the Planning Commission of the conformance
ofihis proposal with the comprehensive plan as well as
the other questions raised by Fasano. He said that, in
his opinion, this has not been done by the applicant.
8. Nicoli stated his belief that the requested use could
create less traffic than anything else that could go
on the site.
9. Hartman abstained, stating he had discussed this matter
with the applicant previous to the hearing.
10. Whittaker said he found it unfortunate that the NPO
had not commented on this item before the Planning
Commission's consideration. He said there were two
questions which concerned him: conformance with the
adopted plan and the question of whether or not there
were other more suitable sites located in the vicinity.
He was impressed with the sentiment demonstrated by
the patrons of Mr. Setniker in the hearing, but said
he could not overlook his commitment to good land use
planning.
11. Nicoli stated his belief that there were no other sites
available in the area.
12. Sakata stated that this was a difficult decision to
make because of the testimony given in support of Mr. '
Setniker's request, but that the Planning Commission
must examine the burden of proof presented by the
applicant.
13. The Planning Commission voted on this item and it
passed by a majority vote with Hartman abstaining
and Barkhurst and Whittaker voting no and Popp, {
Nicoli and Sakata voting yes.
4.2 CU 12-74 (American Legion Post 158)
Request by American Legion Post No. 158 for a conditional use
permit to operate a lodge facility in the C-3, General Commercial
zone on property located at 13620 S. W. Pacific Highway (tax map
2S1 2CC, tax lot 900) .
PC Minutes -November 191 1974 - page 3
A. Staff Findings)
1, Bolen presented the findings, the most significant of
which p ointed out conformance with the existing adopted
plan for the area and that this site would be a more
suitable location than the site presently being used
by the Legion on 72nd and the frontage road. {
B. Testimony and Cross Examination
1. Jim Roundtree, the realtor handling the sale of this
property, presented the Legion's proposal for use of
this property, ,
2. Arnie Fisher, a member of the Post, said that the ;!
Legion intends to make this site a show place. He
continued by saying that the existing site on 72nd
does not have adequate parking and is creating traffic ,
congestion in that area.
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C. Staff Recommendation
1. Bolen recommended approval of the applicant's request
with the condition that some form of screening be pro-
vided on the site of the property facing the Camelia 1
Apartments and that a detailed site plan be submitted
conforming to City code requirements.
D. Commission Discussion and Action
1. Popp moved to approve the request based upon the finding
that it conforms with the adopted NPO #1 Plan and with
the condition that a site development plan be sub-
mitted to the staff for their approval which conforms
to the standards of the site development ordinance and
which shows provision for drainage. Hartman seconded
and the motion passed by a unanimous vote of the
commission present. 1;
5. MINOR LAND PARTITIONING ;i
5.1 MLP 8-74 (Country Kitchen/Shakey's Pizza)
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Request to partition property located at the intersection of i
S. W. 69th Street and Pacific Highway on the northeast corner i'
to provide two parcels to separate restaurant facilities,
(tax map 151 36AD, tax lot 4300) .
A. Staff Findings
1. Bolen presented the staff findings relevant to this
case.
PC Minutes -Noveppber 19, 1974 - page 4
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B. Testimony and Cross Examination
1. Carl Anderson of Coldwell-Banker explained the proposal
to the Planning Commission.
C. Staff Recommendation
1. Bolen recommended approval of the submitted plan with
the following conditions:
a) that the applicant submit joint access and parking
agreements
b) that the storm drainage on the 69th Avenue side be
located in the public right-of-way
c) that 69th Avenue be improved with a half street
improvement
d) that the two access drives now existing on Pacific
Highway be removed and replaced with curbs and a
sidewalk
D. Commission Discussion and Action
1. Barkhurst moved to approve the requested Minor Land
Partitioning based upon the staff findings and according
to the staff recommended conditions. Hartman seconded
and the motion passed by unanimous vote of the Council
Commission present.
2. Hartman made a motion to modify the approval as regards
the required street improvement for 69th. He moved
that storm drainage be the only improvement required
on the 69th Street. Popp seconded and the motion
passed by majority vote.
6. OTHER BUSINESS - Sign Code Appeal
SCA 7-74 (Country Kitchen - 69th & Pacific Highway)
A, Staff Findings
1. Bolen stated that the parceling of this property would
reduce the allowable sign area for the Country Kitchen
Restaurant and they state that a hardship would thereby
be created.
B. Testimony and Cross Examination
1. Carl Anderson of Coldwell-Banker stated that the smallest
sign produced by the company is what they are proposing
for this site which has a total of 420 sc. feet. He
PC Minutes. -NoVeMber,°19, 1974 - page 5
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said that it would present a hardship for the company
not to be able to use their standard sign.
C. Staff Recommendation
1. Bolen said that the lot frontage would allow a sign
larger than many already existing on the highway and
in his judgment a sufficient hardship did not exist
to justify the granting of a variance from the sign
code.
D. Commission Discussion and Action
1. Barkhurst moved for denial of the variance request in
that no hardship has been established. In addition
he stated that allowing the variance would be granting
a special advantage over other similarly situated
properties. Nicoli seconded and the motion passed by
unanimous vote of the commission present.
7. ADJOURNMENT
A. The meeting adjourned at 11:05 p.m.
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(. PC Minutes - November 19, 1974 - page 6
Tigard Planning Commission
Staff Report
November 19, 1974
Agenda Item 4.1
CU 11-74 (Setniker Auto Repair)
Applicant
John Setniker
Applicant's Request
Request for a conditional use in the C-3, General Commercial
zone, to construct an automotive repair garage. Property is
located at 13340 S. W. Pacific Highway (tax map 251 2CB, tax
lot 2000) .
Staff Findings.
1. Properties to the north, south and west are currently zoned
C-3, General Commercial, and the property to the east, which
lies behind Pacific Highway, is currently zoned R-7, single
family residential.
2. The applicant's property presently contains a single family
dwelling and the proposed automotive repair garage would be
,_, placed adjacent the dwelling on the same tax lot. The
dwelling is a rental unit and the owner of the auto repair
will not be residing there.
3. Surrounding land uses consist of the following:
a) To the north an existing house which will be approxi-
mately 13 feet from the proposed repair garage and a
small one-chair barber shop which sits in front of this
house adjacent the frontage road.
b) To the east and rear of the property is a single family
subdivision which is well-screened from the proposed
project by a thick growth of trees and related vege-
tation along the drainage way.
c) The property to the south contains a house which has
been converted to a business selling craft items.
Across Pacific Highway is a large vacant parcel and the
Shell Service Station presently being operated by the
applicant.
4. Access to the property is provided by means of a frontage
road which was formerly Pacific Highway. This access is
adequate to serve the existing uses which are primarily
residential in nature, but improved access will be necessary
as commercial development of these properties takes place.
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The adopted NPO #1 Plan proposes a recessed frontage
road to serve the parcels presently accessing onto the
frontage road. This proposal would entail a vacating
of the existing frontage road and, in effect, move it
to the rear of the affected properties, with a connection
into Garrett Street.
5. The applicant's request does not conform to the adopted
NPO #1 Plan. This property is shown on the Plan for
Commercial-Professional development and is scheduled for
rezoning to a conforming zone in January of 1975, accord-
ing to the current Planning Department work schedule. By
proposing non-retail types of commercial use in this
relatively undeveloped portion of Pacific Highway, the
Neighborhood Plan is attempting to alleviate the strip
commercial development pattern which now exists on other
portions of the highway.
6. Since +he plan was adopted in May of 1974, no substantial
change, in the sr.:rounding conditions has occurred.
7. The applicant has not submitted evidence to the staff
according to the Supreme Court Fasano Decision; however,
the applicant has stated to the staff that a community
need does exist for his use as is evidenced by his many
years of successful operation across the street.
8. The staff has questioned the applicant concerning other
more suitable locations for the proposed use and he has
stated that he has not searched for other property and
that his preference is to use this property which he
presently y owns.
9. Minimal adverse effects would be created for adjoining
properties with the exception of the house located to
the north. An additional concern with respect to this
dwelling unit is the fact that the applicant proposes
burying a 2,000 gallon gasoline tank and placing a pump
in front of his proposed building adjacent the northerly
property line.
10. The applicant's proposal will not have an adverse impact
upon public services, with the exception of the street
system. As previously mentioned, this property is served
from an abandoned alignment of Pacific Highway, which is
not adequate to serve commercial volumes of traffic,
especially if the applicant plans to sell gasoline and,
in effect, operate a service station facility from this
location.
11. The applicant presently is operating the Shell Service
Station located across the street from the subject parcel
at the intersection of Park St. and Pacific Highway. His
business there consists of selling gasoline, automobile
PC Staff Report - November 19, 1974 - page 2 - Item 4.1
parts and providing general automotive repairs. He
also operates a towing business from this site and vehicles
are often stored on it for short periods of time. It
is the staff's impression that the applicant wishes to
operate basically the same type of business on the pro-
posed site. His lease with Shell Oil Co. expires in a
short period of time and it has therefore become
necessary for him to find another location for his busi-
ness.
12. A site development plan has been submitted to the staff
which shows a repair garage building with a parking lot
in the front and a gasoline pump in front on the northern
side. This site plan does not propose a storage area for
vehicles towed in by the applicant.
Staff Recommendation
Staff recommendation will be given following the receipt of
evidence at the public hearing.
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PC Staff Report November 19, 1974 - page 3 — Item 4.1
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Tigard Planning Commission
Staff Report
November 19, 1974
Agenda Item 4.2
CU 12-74
Applicant
American Legion Post 158
Applicant's Request
Request for a conditional use permit to operate a lodge facility
in the C-3, General Commercial zone, on property located at
13620 S. W. Pacific Highway (tax map 2S1 2CC, tax lot 900) .
Staff Findings
1. The subject property is zoned C-3, General Commercial,
and the surrounding properties are also zoned C-3.
2. The subject property presently contains a church structure
which has been remodeled as a funeral home. The property
to the north supports the Heinz Volkswagen Repair Garage
and the property to the south contains the Camella Apart-
ments. The property to the east contains a single family
dwelling with an open field behind. Across Pacific High-
way, to the west, is a vacant parcel and a house at the
intersection of Watkins and Pacific Highway.
3. The applicant has submitted a response to the Fasano
questions which are included in the Commissioners '
packets.
4. In regard to the request's conformance with the comprehensive
plan, the staff makes the following findings. The compre-
hensive plan, in this case NPO #1, proposes that this land
be used for commercial-professional purposes. Essentially,
this means non-retail types of commercial development.
The staff finds that a fraternal lodge, such as that being
proposed, would be within the realm of the uses proposed
by the Plan.
The Legion's existing Tigard facility is on 72nd and the
frontage road of Pacific Highway. This facility is too ! 'I
small to serve their purposes and the lack of off-street
parking has resulted in a considerable amount of parking
on the street and traffic congestion in this area. To
relocate their facility at this location with no provision
for off-street parking will benefit the community.
5. The proposed use does fill a community need as evidenced by r
the overload at the existing facility on 72nd.
6. The applicant states that this site has been chosen after
many months of searching for another location for their
membership. They state that other buildings have been
found, but there are problems relating to zoning, parking
or building useability.
7. In consideration of adverse effects upon adjoining proper-
ties, the staff finds that the only potential for conflict
exists between the proposed use and the apartment building
to the south. Conflicts could arise from evening functions
at the lodge with late hour departures.
Staff Recommendation
Staff recommendation will be given following the receipt of
evidence at the public hearing.
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PC Staff Report - November 19, 1974 - page 2 - Item 4.2
Tigard Planning Commission
Staff Report
November 19, 1974
Agenda Item 5.1
MLP 8-74
Applicant
Country Kitchen - Shakey's Pizza
Applicant's Request
Applicants wish to partition property located at the inter-
section of S. W. 69th and Pacific Highway on the northeast
corner in order to provide two parcels for separate restaurant
facilities. (tax map 1S1 36AD, tax lot 4300) .
Staff Findings
1. The site is presently vacant and comprises approximately
one acre. The zoning is C-3, General Commercial, and the
two restaurants proposed for this site are permitted uses.
2. The Tigard Community Plan designates subject site appropriate
for. general commercial development, said plan stating, "The
development of individual properties in these areas should
�' take into account the traffic, safety and visual problems
associated with strip commercial development. "
3. One access point is proposed from Pacific Highway and two
are proposed from 69th.
4. Both parcels exceed the zoning ordinance minimum lot size
of 6,000 square feet and minimum width of 60 feet.
5. The Commission approved a partitioning across Pacific High-
way from the subject property (Way Lee) on October 15, 1974.
A finding made by the Commission, relative to this approval,
was that a traffic light will be necessary at the inter-
section of S. W. 69th and Pacific Highway. A condition was
therefore attached to the approved plat which stated that
the property owner(s) will participate in the cost of signal-
ization of this intersection. The placing of two more
restaurants at this intersection will affect this situation.
The staff is presently working with the State Highway Depart-
ment in determining factually if and when signalization will
be necessary. Since the time that this application was sub-
mitted, approximately two weeks ago, the staff has been un-
able to obtain an answer to this question from the State
Highway Department. The City Staff -- Planner, Public Works
Director and City Administrator -- believe that while there
`�. may be a need for signalization when the proposed restaurants
are completed, this question should be resolved factually
by the State. This would appear to leave the Commission
in the position of not having factual data at this time
on the need for a light, hence there exists a questionable
basis for requiring participation.
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PC Staff Report - November 19, 1974 - Item 5.1 -- page 2
Tigard Planning Commission
Staff Report
November 19, 1974
Agenda Item 5.1
MLP 8-74
Applicant
Country Kitchen - Shakey 's Pizza
Applicant's Request
To partition property located at the intersection of S. W.
69th and Pacific Highway on the northeast corner in order
to provide two parcels for separate restaurant facilities.
(tax map 1S1 36AD, tax lot 4300) .
Staff Findings
1. The site is presently vacant and comprises approximately
Commercial, and the
The zoning is C-3, General
one acre. 3
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two restaurants proposed for this site are permitted uses.
2. The Tigard Community Plan designates subject site appropriate
for general commercial development, said plan stating, "The
development of individual properties in these areas should
( take into account the traffic, safety and visual problems
associated with strip commercial development".
3. One access point is proposed from Pacific Highway and
two are proposed from 69th.
4. Both parcels exceed the zoning ordinance minimum lot size
of 6,000 square feet and minimum width of 60 feet. j
5. The Commission approved a partitioning across Pacific
Highway from the subject property (Way Lee) on October
15, 1974. A finding made relative to this approval was
that a traffic light will be necessary at the intersection
of S. W. 69th and Pacific Highway. A condition was there-
fore attached to the approved plat which stated that the
property owner(s) will participate in the cost of signal-
izing this intersection. With the placing of two more
restaurants at this intersection, the need is compounded.
The staff is presently working with the State Highway
Department in determining when signalization will be
necessary. Since the time that this application was
submitted, approximately two weeks ago, the staff has not
had sufficient time to resolve this matter with the High-
way Department. The City staff - Planner, Public Works
Director and City Manager, concur that there appears to
be a very definite need for signalization when the pro-
posed restaurants are completed; however, additional time
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gym° is needed to verify this with the state and also to
... determine a method of financing its installation.
6. At the time of preparing this report, Friday, November
15, 1974, the applicant has not submitted the information
required for a minor land partitioning in section 17.24»
020 of the Subdivision Ordinance, making it difficult for
staff to properly review this request.
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PC Staff Report November- 19, 1974 - Agenda Item 5.1 - page, 2