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Planning Commission Packet - 09/16/1975 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. tip.. AGENDA Tigard Planning Commission September 16, 1975 - 7:30 p.m. Twality Junior High School - Lecture Room 14650 SW 97th Avenue, Tigard, Oregon 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES: August 18, 1975; September 2, 1975 4. COMMUNICATIONS 5. COMPREHENSIVE PLAN 5.1 COMPREHENSIVE PLAN REVISION CPR 3-75 (City of Tigard - N.P.O. #3 Plan) Commission discussion and action continued from September 9, 1975, special meeting on a request by the City of Tigard and N.P.O. #3 for Planning Commission recommendation of the N.P.O. #3 Plan. 6. PUBLIC HEARINGS 6.1 CONDITIONAL USE PERMIT RENEWAL CU 12-72 (McClements/Tigard School of Gymnastics) A request for a two year renewal of a conditional use permit to operate a gymnastic school in an M-4 zone at 9800 SW Tigard Ave. (Tigard Industrial Park) A. Staff Report B. Public Testimony C. Staff Recommendation J D. Commission Discussion and Action 6.2 ZONING ORDINANCE AMENDMENT ZOA 5-75 (Duplex lot size in residential zones) A request by the City of Tigard to amend Sections 18.20.020, 18.20.030 and 18.20.040 to increase the minimum lot size for duplexes in an R-7 zone and decrease the lot coverage permitted in an R-15 zone. 6.3 VARIANCE V 8-75 (Morissette/11370 SW Tigard Ave. /setback) An application for a variance to allow an 8 ft. side yard in an R-7 zone. (continued from September 2, 1975) i 7. SUBDIVISIONS 7.1 PRELIMINARY PLAT APPROVAL AND SUBDIVISION VARIANCE S 3-75 (Morissette/Mutley's Addition) A request for approval of a preliminary plat of 24 lots on a 5.64 acre site, including an 860 ft. cul-de-sac located southwest of SW Tigard Ave.and 113th. (tax map lSl 34DC, tax lots 2500, 2600, 3500 and 3600) . (continued from September 2, 1975) 8. PRELIMINARY PLAN & PROGRAM REVIEW 8.1 A request for concept approval of a commercial planned development at SW Main & Scoffins (old Fowler High School site) . 9. OTHER BUSINESS 9.1 Urbanization Boundary Determination A request by Washington County and CRAG for City input it into their attempts to determine the areas susceptable to urbanization around the City of Tigard. 10. ADJOURNMENT page 2 Agenda - PC September � 6, 1975 a hfl j rc 11:i(l1y MINUTES rt,, Tigard Planning Commission ii September 16, 1975 . Twality Junior High School 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER: Chairman Hartman called the meeting to order at , 8:05 p.m. 2. ROLL CALL: Members present: Hartman, Hansen, Popp, Porter, Sakata, Smelser, Wakem, Ems and Nicoli (late) ; staff: Bolen, Powell and Laws 3. APPROVAL OF MINUTES: Minutes of August 19, 1975 and September 2, 1975, were approved as read. (Com- missioner Nicoli arrived after approval of minutes and asked that his name be included in the minutes of September 2) . 4. COMMUNICATIONS: None 5. COMPREHENSIVE PLAN , ' 5.1 COMPREHENSIVE PLAN REVISION CPR 3-75 (City of Tigard/ N.P.O. #3 Plan) Commission discussion and action continued from September 9, 1975, special meeting requested by the City of Tigard and N.P.O. #3 for Planning Commission recommendation of the N.P.O. #3 Plan. A. Chairman Hartman addressed the Planning Commission and summarized items which had been brought up repeatedly for the Commission's consideration: 1. Gaarde St. extension and widening 2. Bikeways and pedestrian facilities on Gaarde 3. Extension of commercial zoning along Gaarde to 110th B. It was moved (Popp) to recommend the N.P.O. Plan with addition of the corrections and changes suggested by the Planning Commission: 1. (That the Plan include •a statement that a bicycle/ pedestrian path be provided on 121st and Gaarde as soon as possible). 2. (That stop signs be provided at certain key inter- sections on both 121st and Gaarde to discourage through traffic) . A (:,T ,. ,nC Minutes '.page 2 September 16, 1975 3. (Extension of 110th Ave. to Gaarde) . o Seconded (Hansen) . o Motion failed for lack of majority. Hansen, Nicoli Popp, Sakata ayes; Hartman, Porter, Smelser, Wakem, nay; Ems abstained. o Motion (Porter) to leave the area that is presently zoned C-3 on Pacific Highway designated retail-com- mercial on the plan, redesignate the area behind that C-3 on the north side of Gaarde (shown as retail commercial) as commercial-professional, redesignate that area north of that, up to 110th, as apartment residential and redesignate the remainder (not other- wise designated) as single family residential; and furthermore, in those areas designated retail-com- mercial to restrict high traffic generators. o Seconded (Hartman) on condition that the motion be separated into two parts. Part A: Concerning the commercial professional area on Pacific Highway and Part B: concerning the area adjacent Gaarde St. That condition was acceptable to Mr. Porter. �.. o Motion A failed for lack of a majority. Motion B passed. o Motion (Porter) to amend the plan to more strongly recommend that bicycle-pedestrian ways be placed on all collectors and arterials and that they be of "highest priority". o Seconded (Wakem) o Motion passed (unanimously). o Motion (Porter) that collector streets be confined to existing rights-of-way whenever possible and that widening of collectors through residential area be done only when needed to alleviate traffic congestion or hazards. o Seconded (Wakem) . o Motion failed. o Motion (Porter) to amend Plan to include the wording appropriate to encourage people to keep land in open i, space and farm deferral programs and/or any program ., page 3 ,,, PC Minutes September 16, 1975 which may assist a person to maintain privately owned land in open space. o Seconded (Smelser) o Motion carried, Popp dissenting o Moved (Hansen) to recommend realignment of Gaarde with McDonald. o Seconded (Sakata) . o Motion carried. o. :: Moved (Hansen) to recommend approval of the NPO's 30 ft. street width recommendation. o Seconded (Sakata) . o Motion passed. o Motion (Popp) to close discussion and forward N.P.O. Plan with Planning Commission recommendation to the City Council with amendments as approved by the Planning Commission. o Seconded (Hansen) . o Motion passed, Porter against. 6. PUBLIC HEARINGS 6.1 CONDITIONAL USE PERMIT RENEWAL CU 12-72 (McClements/Tigard School of Gymnastics) A request for a two year renewal of a conditional use permit to operate a gymnastic school in an M-4 zone at 9800 SW Tigard Ave. (Tigard Industrial Park) . o Moved (Sakata) to table the item to October 7 as the applicant was not present. o Seconded (Smelser) o Motion carried , Nicoli against. 6.2 ZONING ORDINANCE AMENDMENT ZOA 5-75 (Duplex Lot Size in Residential Zones) A request by the City of Tigard to amend sections 18.20.020, 18.20.030, 0 . an d 18.20.040 to increase the minimum lot size . 4 li for duplexes in an R-7 zone and decrease the lot coverage permitted in an R-15 zone. (T page,+ PC bautes September 16, 1975 o Motion (Popp) to table this item to the next meeting. o Seconded (Wakem) . o Motion carried (unanimously) . 6.3 VARIANCE V 8-75 (Withdrawn prior to the meeting at the applicant's request) 7. SUBDIVISIONS 7.1 Preliminary Plat Approval and Subdivision Variance S 3-75 (Withdrawn prior to the meeting at the applicant's request) 8. PRELIMINARY PLAN AND PROGRAM REVIEW 8.1 PAYLESS PLANNED DEVELOPMENT A request for concept approval of a commercial planned development at SW Main and Scoffins (old Fowler Jr. High School site) A. Staff Report: Read by Powell B. Applicant Presentation: Mr. Hummel, representing Payless, presented a market study defending the need for a major drug store in Tigard, Oregon. He explained the current situation that Payless Drug Co. found themselves in and introduced Mr. Ehman. o Mr. Richard Ehman, architect for Payless, demon- strated the plan proposed and showed the Commission the alternatives they had explored in arriving at that plan. C. Commission Discussion and Action o Motion (Wakem) to forward the Plan to Design Review Board for preliminary design review of the planned development overall design finding that the con- cept of the plan generally was acceptable and that the applicant's presentation was sufficient to enable planning commission hearing of the matter. o Seconded (Popp) o Motion passed. 9. OTHER BUSINESS 9.1 URBANIZATION BOUNDARY DETERMINATION pageAik PC M/VEttes September 16, 1975 1r A request by Washington County and CRAG for City input into their attempts to determine the areas susceptible to urbanization around the City of Tigard. o Motion (Popp) to table this discussion to the next meeting. o Seconded (Smelser) o Motion passed (unanimously) . 10. ADJOURNMENT: 11:30 p.m. , 4.17 a Memorandum .• To: City Council From: Planning Department Subject: Correction in addendum to Planning Commission minutes of October 7, 1975 Date: November 6, 1975 Unfortunately, the Planning Department memorandum to City Council dated October 30, 1975, concerning the above stated subject omitted from the . m amended minutes a roll call vote an d a m otion and second to a motion. The Planning Commission has requested that staff bring this matter to Council's attention and that the addendum to the Planning Commission minutes of October 7, 1975, be amended to correct this error. �I Agenda item .1 COMPREHENSIVE PLAN REVISION CPR 3-75 (City of Tigard/ g 5.1 Y N.P.O. #3 Plan) „ ., . Commission discussion and action continued from September 9, 1975, special meeting requested by the City of Tigard and N.P.O. #3 for Planning Commission recommend- ation s! of the N.P.O. #3 Plan. o Moved (Hansen) to recommend realignment of Gaarde with McDonald. o Seconded (Sakata) . o Motion passed 5-4; No: Nicoli, Porter, Wakem, Hartman; Yes: Hansen, Popp, Sakata, Smelser and Ems. o Moved (Hansen) to recommend approval of the NPO's 30 ft. street width recommendation. o Seconded (Sakata) o Motion passed 6-3; No: Porter, Wakem, Hartman; Yes: Hansen, Nicoli, Popp,Sakata, Smelser, Ems s-- _ ,■■......■ I . 1 . I � . 4t ,Memorandum } 1 XL_. To : City Council From: Planning Department Subject: Addendum to Planning Commission Minutes of Oct. 7, 1975 Date: October 30, 1975 The Planning Commission has requested that an addendum to the Oct. 7, 1975, minutes be forwarded to Council, specifying that the ;1 Planning Commission minutes of September 16 be approved only with , the proviso that roll call votes be added to the minutes. The following amended excerpts from the minutes of September 16, 1975, will, therefore, reflect this request. 5.1 COMPREHENSIVE PLAN REVISION CPR 3-75 (City of Tigard/ N.P.O. #3 Plan) Commission discussion and action continued from September 9, 1975, special meeting requested by the City of Tigard and N.P.O. #3 for Planning Commission recommendation of the N.P.O. #3 Plan. It was moved (Popp)( pp) to recommend the N.P.O. Plan with addition of the corrections and changes suggested by the Planning Commission: 1. That the Plan. include a statement that a bicycle/ ` pedestrian path be provided on 121st and Gaarde as soon as possible. 2. That stop signs be provided at certain key inter- sections on both 121st and Gaarde to discourage through traffic. 3. Extension of 110th Ave. to Gaarde o Seconded (Hansen) . o Motion failed for lack of majority, Hansen, Nicoll., Popp, Sakata - ayes; Hartman, Porter, Smelser, Wakem - nay; Ems abstained. o Motion (Porter) to leave the area that is presently zoned C-3 on Pacific Highway designated retail-com- mercial on the plan and that no high volume traffic generators be allowed, redesignate the area behind that C-3 on the north side of Gaarde (shown as retail-com- mercial) as commercial-professional, redesignate that area north of that, up to 110th, as apartment resi- dential and redesignate the remainder (not otherwise designated) as single family residential; and, further more, in those areas designated retail-commercial, to restrict high traffic generators. page 2 Citouncil memo 10/30/75 o Seconded (Hartman) on condition that the motion be separated into two parts. Part A: Concerning the commercial professional area on Pacific Highway and Part B: concerning the area adjacent Gaarde St. That condition was acceptable to Mr. Porter. o Motion A failed 5-4. No: Hartman, Hansen, Popp, Sakata, Wakem; Yes: Nicoli, Porter, Smelser and Ems. o Part B of motion passed 6-3. No: Hansen, Popp, Sakata; Yes: Hartman, Nicoli, Porter, Smelser, Wakem and Ems. o Motion (Porter) to amend the plan to more strongly recommend that bicycle-pedestrian ways be placed on all collectors and arterials and that they be of "highest priority". o Seconded (Wakem) . o Motion passes (Unanimously) . o Motion (Porter) that collector streets be confined to existing rights-of-way whenever possible and that widening of collectors through residential area be done only when needed to alleviate traffic congestion or hazards. o Seconded (Wakem) . o Motion failed 6-3. No: Hansen, Nicoli, Popp, Sakata, Smelser, Hartman; Yes: Porter, Wakem, Ems. o Motion (Porter) to amend Plan to include the wording appropriate to encourage people to keep land in open space and farm deferral programs and/or any program which may assist a person to maintain privately owned land in open space. o Seconded (Smelser) . o Motion carried, Popp dissenting. o Moved (Hansen) to recommend realignment of Gaarde with McDonald. o Seconded (Wakata) . o Motion passed 6-3. No: Porter, Wakem, Hartman; Yes: Hansen, Nicoli, Popp, Sakata, Smelser and Ems. o Motion (Popp) to close discussion and forward N.P.O.` Plan with Commission recommendation to the City Council with amendments as approved by the Planning Commission. page 3 e ' City Couh .l memo 10/30/75 1, o Seconded (Hansen) . o Motion passed 7-2. No: Porter and Hartman; Yes: Hansen, Nicoli, Popp, Sakata, Smelser, Ems and Wakem. 6.1 CONDITIONAL USE PERMIT RENEWAL CU 12-72 (McClements/ Tigard School of Gymnastics) A request for a two year renewal of a conditional use permit to operate a gymnastic school in an M-4 zone at 9800 SW Tigard Ave. (Tigard Industrial Park) . o Moved (Sakata) to table the item to October 7 as the applicant was not present. o Seconded (Smelser) . o Motion carried, Nicoli against. 6.2 ZONING ORDINANCE AMENDMENT ZOA 5-75 (Duplex Lot Size in Residential Zones) A request by the City of Tigard to amend sections 18.20.020, 18.20.030 and 18.20.040 to increase the minimum lot size for duplexes in an R-7 zone and decrease the lot coverage permitted in an R-15 zone. o Motion (Popp) to table this item to the next meeting. o Seconded (Wakem) . o Motion carried (unanimously) . 6.3 VARIANCE V 8-75 (Withdrawn prior to the meeting at the applicant's request) . 7. SUBDIVISIONS 7.1 Preliminary Plat Approval and Subdivision Variance S 3-75 (Withdrawn prior to the meeting at the applicant's request) . 8. PRELIMINARY PLAN AND PROGRAM REVIEW 8.1 PAYLESS PLANNED DEVELOPMENT A request for concept approval of a commercial planned development at SW Main and Scoffins (old Fowler Jr. High School site) . o Motion (Wakem) to forward the plan to Design Review Board for preliminary design review of the planned development overall design, finding that the concept LL i page 4 City Council memo 10/30/75 of the plan generally was acceptable and that the applicant's presentation was sufficient to enable planning commission hearing of the matter. o Seconded (Popp) . o Motion passed unanimously. A request by Washington County and CRAG for City input into their efforts and attempts determine the a re a s susceptible to urbanization around the City of Tigard. o Motion (Popp) to table this discussion to the next meeting. o Seconded (Smelser) . o Motion passed unanimously. TIGARD CITY OF TIGARD IMf 011•110 1.1 P. O. Box 23557 12420 S. W. Main Tigard, Oregon 97223 • Memorandum To: Planning Commission From: Dick Bolen Subject: N.P.O. #3 Plan Date: September 16, 1975 The N.P.O. #3 Plan for the Derry Dell-Foot of Bull Mountain Area was first considered by the Planning Commission on August 5, 1975. Since that initial hearing, two joint N.P.O. #3 and Planning Com- mission meetings and one Planning Commission special meeting have been held to consider the proposed plan. These meetings, totaling more than 12 hours of discussion, have been devoted almost entirely to one issue -- the realignment of Gaarde Street to form a four way Ar IL intersection with McDonald Street and Pacific Highway. Rather than . reiterate the arguments which have been made pro and con (see the enclosed minutes of September 9th) , let me state what I see as the crucial issue. How can a balance be achieved between the public need to provide a safe and efficient street system and the private need of residents living adjacent collector streets to a quiet, safe and peaceful living environment? To achieve the former we could probably justify CRAG'S proposal to link up Murray and Gaarde and conversely, to achieve the latter, severing the 121st-Gaarde alignment to produce two dead end streets. The point of this com- parison is that some kind of compromise between the two needs -- one public and the other private, must be discovered. The Commission should be aware that it is just this dilemma that the NPO spent probably twice as many hours as the Planning Commission has already spent attempting to resolve. Their decision was an attempt to form a compromise between the divergent needs presenting themselves in this case. The question now before the Commission is, is their compromise adequate? If not, which needs, public or private should be given the highest priority? It is my opinion, in this regard, that more consideration can be provided in the plan for the needs of the residential area abutting Gaarde and 121st without too seriously impairing the safety or efficiency of the subject street system. For instance, the N.P.O. decision to realign Gaarde was made primarily because they were informed that the intersection could not be signalized without first accomplishing realignment. It has since been found that this intersection can be signalized as presently aligned. Signalization and the resulting safety gained 11 'Memo to Planning CorAission September 16, 1975 page 2 1 r! by residents using this intersection was the primary goal of the N.P.O. Accepting that the intersection can be signalized, therefore { producing the desired safety benefits to the public, it is then !. necessary to ask, would any benefit be bestowed upon the Gaarde- 121st Street residents in terms of less traffic? Not being a traffic engineer, 1 will not attempt an answer to this question. Receiving as much attention as the realignment issue has been the question of how wide of a pavement section is necessary. The N.P.O. #3 Plan proposes a 2 lane roadway 30 feet wide with restricted park- ing. This is 4 feet less than the City's minimum standard in a , residential subdivision. Once again, the N.P.O. was attempting to recognize the existing residential development fronting these streets and propose a street standard which would be a workable compromise between traffic needs and residential needs. Carl Buttke's proposal ': was for a 34 foot wide street section, but he did agree that the 30 feet of pavement proposed by the N.P.O. would be adequate (the accepted collector standard is 44 feet of pavement) . As regards the width of pavement and the speeding problem on these streets, it seems that other means of control must be sought as it presently occurs on the existing narrow width of 22 feet. Stop signs have already been discussed and some gentle curves placed within the alignment could also help reduce the present straight and unfettered appearance which At li certainly must encourage speeding. Another debated issue has been the amount of retail commercial land designated on Pacific Highway north of Gaarde. The Plan proposes approximately 72 acres of retail commercial land, about the same area which is presently occupied by the Canterbury Shopping Center. The N.P.O. , in the first draft of their plan, stipulated about half of the 7i acres for commercial-professional use adjoining Pacific Highway and the remainder, to the rear, for multi-family residential development. The Plar was revised; however, when the City Council declined to rezone the portion of Pacific Highway proposed for C-P zoning by N.P.O. #1. The reasoning for the Plan modification was to produce one contiguous piece of retail commercial property which could be developed as a planned center at a proposed signalized inter- section. It was intended that this center would not be of a Neighbor- F hood Convenience type, thereby precluding- direct competition with 1. Canterbury, the shopping center recognized by the Plan as serving the daily and convenience shopping needs of the Neighborhood. By l providing this 7i acres of retail space, the N.P.O. felt they could I make a stronger case for the Commercial-Professional zoning proposed by the Plan from School Street to south of Watkins along the Pacific Highway frontage. Therefore, the N.P.O. ' s reasons for proposing retail commercial development at Gaarde and Pacific was not entirely according to tried and true planning principles, but probably more in consideration of the acceptability of their plan to the City Council, whom they would ultimately be asking to adopt it. E illAn issue which has come up several times in the past few meetings; but has thoroughly nddtocremain of I. some large p j Memo to Planning Commission September 16, 1975 page 3 • possible. Both the County's Framework Plan and the regional plan now being drafted by CRAG include a provision for setting aside areas needed for future development. This concept will be discussed later in the meeting under agenda item 9.1. The Planning Commission may find this an acceptable means of preserving the undeveloped portions of the neighborhood until the need for future housing necessitates . ( development. • • . I . l CITY OF TIGARD, OREGON ORDINANCE No. 76.. t AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY OF TIGARD HERETOFORE DESIGNATED AND DELINEATED BY NEIGHBORHOOD PLANNING ORGANIZATION PLAN No. 3, ADOPTED BY ORDINANCE No. 75-55 AS A PART OF THE COMPREHENSIVE PLAN KNOWN AS THE "TIGARD COMMUNITY PLAN" AND HEREBY BRINGING LANDS IN SAID AREA IN CONFORMANCE WITH SAID COMPREHENSIVE PLAN: FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council finds that heretofore by Ordinance No. 75-55, adopted by the Council on the 15 day of December 1975, "Neighborhood Planning Organization Plan No. 3" was adopted and placed into effect as a part of the Comprehensive Plan of the City of Tigard. Section 2: The Council finds, that certain lands within the said ! "Neighborhood Planning Organization Plan No. 3" as described 5 on attached Exhibit "A", classified to bring the use classifications thereof into conformity with the said Comprehensive Plan. Section 3: The Council further finds that after due and legal notice as by City ordinance required, a hearing was duly and regularly held by the City Planning Commission on April 6, 1976, whereat all interested persons were afforded an opportunity to be heard with respect to the proposed changes in lands use and zoning classification in said area, as described in Exhibit "A" hereto attached, to bring the same into conformity with the said Comprehensive Plan, and the Council finds that the said proposed action is in accordance with the findings and recommendations heretofore submitted by the Planning Commission on file herein. Section 4: The Council further finds that after due and legal notice, a hearing was duly and regularly held by the City Council at its regular meeting of May 10, 1976, whereat all interested persons and the general public were afforded further opportunity to be heard with respect to the proposed rezoning reclassification of the lands described in Exhibit "A". Section 5: The Council further finds that the action herein proposed is consistent with and authorized by ORS Chapter 227 and consistent with the requirements of the applicable provisions of ORS Chapter 197, and that it is necessary and in the public interest that said reclassif- ication of lands be placed intotfect. f Section 6: In accordance with the foregoing and in conformity with the " zoning ordinances and regulations of the City of Tigard, each 1.' of the tracts and ownerships of lands described in attached Exhibit "A", fI and the zoning and use classifications of each thereof, be and the same is hereby changed and reclassified from the pre-existing zoning and use classifications heretofore in effect to conform to the zoning and use designations and classifications set forth on the attached zoning map, designated Exhibit "A", which by this reference, is made a part hereof, and each of said designated tracts, and all of them, shall from and after the effective date of this ordinance be so zoned, and the use classifi- cations thereof established in accordance with the applicable provisions 1 of the zoning text for each of said zones, as set forth in Chapter 18 of the Tigard Municipal Code, as now in effect, or as may be hereinafter amended. Section 7: Inasmuch as it is necessary in order to preserve the integrity of the land use regulations, and it is in the public interest to put into effect the changes in the zoning and use classifications of the lands described in Exhibit "A" without delay to enable the proper utilization and development of said lands in accordance with the said Comprehensive Plan, and safety of the people of the City of Tigard that this ordinance become effective with the least possible delay, and there- fore an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and approval by the Mayor. { PASSED: By LC1.1 am /moos vote of all Council members present, liafter being read three times by number and title only, this ,24/ day of /Ku.,y , 1976. Recorder - City of Tigard j i APPROVED: By the Mayor this rn vim`" day of /47 , 1976. i ? 6 , _ Mayor - City of Tigard • • 1,s Ordinance No. 76- Vic/ -- STAFF REPORT Tigard Planning Commission September 16, 1975 Agenda Item 5.1 CU 12-72 (Wayne McClements/Tigard School of Gymnastics) CONDITIONAL USE PERMIT RENEWAL A request for a 2 year renewal of a conditional use permit to operate a gymnastic school in an M-4 zone at 9800 SW Tigard Ave. (Tigard Industrial Park) Staff Findings 1. A conditional use permit for the Tigard School of Gymnastics was approved on September 19, 1972, by the Tigard Planning Commission under the condition that it be limited to one year and then may be extended with Planning Commission approval. 2. On September 18, 1973, the matter was heard by the Tigard Planning Commission and a two year renewal was granted. Apparently the entire four year renewal period asked was not granted due to some reservations concerning the appropriate continuation of the school in that location as the Industrial Park continues to expand and fill available vacant space. 3. The location of the school in the project has been changed since the conditional use was originally granted in 1972. The move was in 1974 to the second building to be built in the project. This new location faces Tigard St. and is at the end of the building where conflicts do not occur with the industrial traffic serving the project. 4. Staff is aware of no particular difficulty caused by the school's operation in this location, although staff has it- self observed that available parking appears to be nearly saturated at times. 5. Applicant is requesting a renewal for two years, to coincide with the termination date of his present lease agreement. Staff Recommendation To be advised at the close of the public hearing. Y Staff Report TIGARD PLANNING COMMISSION 7 September 16, 1975 Agenda Item 5.2 ZOA 5-75 ZONING ORDINANCE AMENDMENT A request by the City of Tigard to amend Sections 18.20.020, 18.20.030 and 18.20.040 of the Tigard Municipal Code to in- crease the minimum lot size required in an R-7 zone and de- crease the lot coverage allowed in an R-15 zone for duplex or two family use. Staff Findings I. R-7 Zone The purpose for allowing two family and duplex housing in "single family" residential zones is more to allow variation in house type and style than it is to allow an increased density. When it is considered that ordinarily duplex use is allowed on sites difficult to develop for single family use (either due to adjacency to a commercial or industrial district and/or due to a need to cluster buildings on one part of a site so that the remainder of the site may remain open) , it becomes obvious that the use of the duplex as an option to permit development of otherwise difficult or unattractive sites has outweighed consideration of the place of the duplex in the neighborhood environment, the attractiveness of duplex development for optimizing residential site use and the economic attraction that exists for many people for owner occupancy of a two family dwelling. The policies of the Tigard Planning Commission with respect to duplex development in subdivisions have led to some in- consistencies in development allowed by the minimum site standards presently in the zoning code. For instance, the code requires a full front yard setback for both streets, a site standard that reduces the buildable area of corner lots in an R-7 zone by 8 to 12%. If such a site were developed as a single family home (7500 sq. ft. lot, 75 x 100' ) , the buildable area would be about 2000 sq. ft. and the usable outdoor living area/play yard would be at most 1200 sq. ft. A similar site, but 8000 sq. ft. for a duplex (80 x 100) ,_ would have an appreciably larger buildable area (about 25% larger) with about 18% increase in outdoor space, which would then be split between two users, giving each about 700 sq. ft. net usable back yard. The density standard from which the R-7 zone district is derived allows 4 units per gross acre. After deducting streets from an R-7 zone district, approximately 80% of the land area is developable. When the public use needs of a large area are considered it is usually found that another 10-20% is used up by schools, churches and parks. This is the "net" acre. A net acre, assuming that about 70% remains for development, would then be 30,492 square feet. This "net acre" , then, would accommodate four single family resi- dences or 3.8 duplexes for 7.6 dwelling units (at 10,000 sq. ft./building site there would be 3.05 lots/net acre or 6.1 dwelling nits per net acre) . It is the staff's feeling that the allowable maximum density for any site under a conditional use ought not to exceed 1.5 times the otherwise allowable density. For comparison, it should be pointed out that the maximum coverage of a duplex on a 10,000 sq. ft. lot would be 3500 sq. ft. , which exceeds the typical coverage require- ment for a two family or duplex house by 1600 to 1700 sq. ft. leaving not less than 6500 sq. ft. (and usually more like 8000 sq. ft. ) of uncovered land, of which (assuming minimum front setbacks) from 3000 to 4000 sq. ft. of "backyard" (or 1500 to 2000 sq. ft./unit) could be available for recreational _ use. In other words, the result of increasing the lot size for duplexes in an R-7 zone from 8000 sq. ft. to 10,000 sq. ft. would be to triple the usable outdoor living/recreation space. II. R-15 Zone The R-15 zone is a two unit/gross acre density zone. The net density is arrived at here exactly as in part 1 preceeding. The impact of duplex development on a 15,000 sq. ft. site is mich different than it is on a 7500 to 10,000 sq. ft. site. The allowable maximum building area (site coverage) on a 15,000 sq. ft. lot ranges from 4800 to 5250 sq. ft. ; however, few duplexes exceed 2000 sq. ft. coverage, including garages and backyard remaining typically would range from 7000 to 10,000 sq. ft. In the case of a duplex built on such a lot, the backyard for each unit would exceed substantially the backyard possible on a 7500 sq. ft. lot for single family use. III. R-30 Zone In staff's opinion, duplex use in this zone is compatible neither with the comprehensive plan's typical suburban estate land use nor with the economics of a 30,000 sq. ft. minimum lot size. Summary of Findings 1. It appears that the 8000 sq. ft. minimum lot size for duplexes in an R-7 zone is presently not sufficient to provide adequate usable open space for two family use. At a lot size of 10,000 sq. ft. for duplex use, there is space for light and air and usable open space per family provided comparable to that pro- vided for a single family house on a 7500 sq. ft. lot. 2. The site standards applicable in an R-15 zone allow sufficient area for light, air and recreation with no increase in lot size for duplex use. In that the usable open space available for each family exceeds that necessary to meet minimum family page 2 - staff report - 9/16/75 - item 5.2 4 v needs by nearly 2 fold, the same considerations that apply ( in the R-7 zone do not necessarily apply here. 3. The maximum lot coverage practical in an R-15 zone and, in fact, in staff's opinion, desirable, is in the vicinity of 3000 sq. ft. , closer to 25% lot coverage than 35% presently allowed. 4. The present setback requirement in an R-15 zone is twenty feet, very balance a ance with a lot size of 15,000 much out b sq. ft. and a net density of two families per acre. Staff's opinion is that in order to allow the kind of environment contemplated in this zone, a more realistic street setback would be 30 feet. Similarly, the 30 foot setback in the R-30 zone should be not less than 40 feet, although that may be considered skimpy. As setbacks were not intended to be discussed in this staff report but have been dealt with as a result of staff initiative, no recommendation will be made concerning this finding. 5. The intent and purpose of the R-30 zone is to provide a sub- urban environment with estate type development. Two family use may be compatible with this environment in the case of the "extended" or two generation family, but it does not appear that the duplex as such is either intended or desirable in the R-30 zoning district. (. 6. The conditional uses allowed in residential zone districts in Tigard include many other uses besides duplex use not appropriate on minimum size sites specified in those zone districts. For instance, institutional uses such as churches cemetaries, parks, playgrounds, hospitals, nursing homes, schools and children's day care centers are subject only to a 7500 sq. ft. minimum site size in an R-7 zone. Granted, the thirty-five% lot coverage requirement would tend to re- late the scale of such an enterprise to the size of the lot, but the fact that such use is possible on a site of that size is of some concern to staff. Some adjustment in site size minimums for such uses may be a subject of a future detailed study. Staff Recommendation Staff recommends the following amendments be made to Ch. 18, TMC, I based on findings above. 18.20.020 Conditional Uses, . . . (1) Duplex residential, with a minimum lot size of eight thousand square feet: one duplex per lot; be amended to read: . . . (1) Duplex residential on any R-7 or R-15 zoned site, but not on an R-30 zoned zoned site, providing that only one duplex may be permitted on any one lot. page 3 staff report - 9/16/75 - item 5.2 l 18.20.030 Lot Size - R-7 Zone . . . (1) the minimum lot area shall be seven thousand five hundred square feet. . . be amended to read: . . (1) the minimum lot area shall be seven thousand five hundred square feet, excepting for duplex use; (2) The minimum lot area for duplex use shall be ten thousand square feet. . . (3) The maximum lot coverage shall be 35%. . . 18.20.040 Lot Size - R-15 Zone . . . (2) The maximum lot coverage shall be thirty-five percent. be amended to read: . . . (2) The maximum lot coverage shall be twenty-five percent. page 4 - staff report - 9/16/75 item 5.2 • STAFF REPORT Tigard Planning Commission September 16, 1975 Agenda Item 7.1 PRELIMINARY PLAN AND PROGRAM REVIEW A request for concept approval of a commercial planned develop ment at SW Main and Scoffins (Old Fowler High School site) Staff Findings 1. Payless has been negotiating or attempting to negotiate purchase of the "Old Fowler Junior High School" site for several months from Washington County School District 23-J. As the School District has been unwilling to agree to sell on a conditional basis, Payless has decided to pursue obtaining preliminary approvals prior to their agreeing unconditionally to purchase. 2. The site proposed for development in the current proposal consists of the "Fowler" site (6.8 acres) , the used car lot adjacent ( .57 acres) and parts of McCall Oil Company' s site behind the Sambo 's Restaurant and including the access to Hall Blvd. that is presently an access to Sambo's ( .91 acres) . 3. The area is identified in the Downtown-Ash Avenue Plan (NPO #1) ; the adopted Comprehensive Plan for this area, as "Retail.-Commercial". A portion of the site fronting Scoffins St. that was identified as "open space" has been changed at the request of the School District by the Tigard City Council on an appeal from a denial by the Planning Commission. 4. The applicant's intended use of the site is for a small shopping center consisting of a 33,400 sq. ft. Payless Store, a 29,160 sq. ft. Albertson's Market and several lease spaces for retail and service commercial usage of not yet determined area. Principal fea'Lures of the pro- posed development are: a. Realignment of Main St. to line up at right angles to Pacific Hwy. at Greenburg Rd. , making a four way right angle intersection as recommended in Tigard Traffic Safety Program adopted in 1971. b. The intersection of Main and Scoffins would be signalized and Scoffins would be improved to the south edge of the site. c. The access to Hall Blvd. , through McCall Oil property, presently used by Sambo 's, would be jointly used by Payless -- in effect, connecting Hall to to Scoffins through the parking lots. d. Applicant's proposed site plan would place the buildings about 300 ft. back from Main St. , with F1 that area in front devoted to parking and two "satellite uses" in the north and west corners. e. The west corner at the intersection of Main and Scoffins would most likely be a fast foods restaur- ant and the north corner, adjacent Samba 's, would most likely be a bank branch according to the developers. f. The "future development" space to the rear of the site would likely be employee parking and an office building. 5. Proposed parking for the two large stores plus the smaller stores, as indicated on the plan submitted, is 372 spaces. Area of the parking lot and access pavement is proposed to be 180,743 square feet or about 485 square feet per parking space. This is very close to the median area per parking space usually recommended for very efficient parking lots. 6. Topography of the site is such that without regrading, little of the site would be visible from Pacific Hwy. east of Samba 's, but regraded or not, the buildings and parking will be in full view from Pacific Hwy. westerly of Samba 's. 7. Traffic impact of the project can be expected to be par- ticularly significant on Main, Scoffins and Hall. Scoffins will probably bear a terrific traffic burden from develop- ment of this project. This will particularly be felt at the intersection of Hall and Scoffins. The developer has proposed signalization and turn refuges at the north end of Scoffins which will improve significantly Scoffins' capacity there. 8. The impact of the project on public facilities and utilities will, of course, be substantial. Staff feels that the im- pacts, as far as they have been thus far identified, can be easily accommodated by the City, with the exception of storm drainage, which will be an important element of the plan. The City's stance at this time is that such a project as this should provide sufficient on-site retention of storm water to spread out outfall over time and should bear the responsibility to provide such facilities in excess of present system capacity as may be necessary "downstream" in the storm drainage system. 9. The connection between Samba's parking lot and Payless' will allow persons to use the Samba 's parking lot to gain access to Payless. In addition, the location of the Samba's driveway interferes with the Main Street left turn PC staff report - 9/16/75 item 7.1 - page 2 II ...... } - 41111111111.1.111111 • stacking lane. To aleviate this problem a driveway could connect with Pacific Highway through the middle of the entire property owned by McCall Oil. (Samba 's is on the westerly piece) . Access could be provided off such a drive for the two McCall owned lots fronting Pacific Hwy. , while also providing a direct link to the Payless develop- ment. 10. Screening adjacent the residential areas facing Hall Blvd. is required by code; however, staff is concerned more with noise isolation in this particular case than with visual buffering, particularly as the single and multiple family uses there could be visually screened by noise buffering using an appropriate evergreen conifer in multiple rows. 11. Planning staff has taken the initiative to present the pro- posed plan to the Design Review Board for a "concept review". This was done on September 9. The questions posed by staff in a memorandum were related to: a. design ramifications of a fast foods restaurant at the corner of Main and Scoffins; b. site orientation; c. building and parking lot location; d. pedestrian circulation; e. relationship of the structural elements of the site design to each other and to the streets; f. design ramifications and additional impacts generated by through access from Hall to Scoffins and by possible "shortcut" use through Samba ' s from Pacific Hwy. 12. The Design Review Board reviewed the proposal and recommended the developer/applicant look at a more innovative site design concept as an alternative to the proposal. No formal action was taken by the Board; however, review of staff' s notes taken during the meeting reveals that there was a con- census of opinion that the site design proposed lacks im- aginative treatment of the site; that the site seems to "read" diagonally rather than transversely, parallel to Pacific Highway; that pedestrian movement to and between t, buildings, dimensions of the two main buildings and adequate street access seem to be the critical design criteria. The architect indicated that the configuration suggested by the Design Review Board (an alignment placing the two main buildings on a north-south axis, parallel to Hall Blvd. ) would not, in his opinion, work due to the grades on the y? site and the long walk necessary to the farthest parking spaces. The Applicant's representative, Mr. Hummel, in- dicated that he would prefer such a design if it could be developed. PC staff report - 9/16/75 ' item 7.1 - page 3 13. This application is for review of the preliminary plan and program. Staff feels that the Planning Commission qt is really accomplishing two tasks. One is to accept or reject generally the concept of development involved (the land use, density or intensity, and general site use) ; and two, to review the information submitted as to whether it (the Planning Commission) feels the applicant has sub- mitted sufficient information on which to base an approval. 14. An element of the preliminary program that particularly concerns staff is that of the proposed way that lease space will be parceled out and what land uses will be represented. It would, in staff's opinion, be helpful if at least some perspective pencil sketches of the site as proposed to be developed were available to show massing and proportions of the buildings in relation to the site and environs. PC staff report 9/16/75 item 7.1 - page 4 STAFF REPORT ( Tigard Planning Commission September 16, 1975 • Agenda Item 3.1 • : . PRELIMINARY PLAN AND PROGRAM REVIEW A request for concept approval of a commercial planned develop- ment at SW Main and Scoffins (Old Fowler High School site) Staff Findings " it 1. Payless has been negotiating or attempting to negotiate purchase of the "Old Fowler Junior High School" site for several months froni.Washington County School District 23-J. As the School District has been unwilling to agree - to sell on a conditional, basis, Payless has decided to pursue obtaining preliminary approvals prior to their agreeing unconditionally to purchase. • 2. The site proposed for development in the current proposal consists of the "Fowler" site (6.8 acres) , the used car lot adjacent ( .57 acres) and parts of McCall Oil Company's site behind the Sambo 's Restaurant and including the access to Hall Blvd. that is presently an access to Sambo's ( .91 acres) . 3. The area is identified in the Downtown-Ash Avenue Plan II (NPO #1) ; the adopted Comprehensive Plan for this area, H as "Retail••Commercial". A portion of the site fronting. Scoffins St. that was identified as "open space" has been changed at the request of the School District by the Tigard City Council on an appeal from a denial by the Planning Commission, 4. The applicant's intended use of the site is for a small shopping center consisting of a 33,400 sq. ft. Payless Store, a 29,160 sq. ft. Albertson's Market and several lease spaces for retail and. service commercial usage of not yet determined area. Principal features of the pro- posed development are: a. Realignment of gnm Main St. to line up at right angles to Pacific Hwy. at Greenburg Rd. , making a four way right angle intersection as recommended in Tigard Traffic Safety Program adopted in 1971. b. The intersection of Main and Scoffins would be signalized and Scoffins would be improved to the •. • south edge of the site. • c. The access to Hall Blvd. , through McCall-Oil property, presently used by Sambo's, would be jointly • used by Payless -- in effect, connecting Hall to to Scoffins through the parking lots. 1_ . r , x d. Applicant's proposed site plan would place the buildings about 300 ft. back from Main St. , with that area in front devoted to parking and two "satellite uses" in the north and west corners. e. The west corner at the intersection' of Main and • Scoffins would most likely be a fast foods restaur- ant and the north corner, adjacent Sambo' s, would • most likely be a bank branch according to the • developers. f. The "future development" space to the rear of the site would likely be employee parking and an office building. . 5. Proposed parking for the two large stores plus the smaller stores, as indicated on the plan submitted, is 372 spaces. Area of the parking lot and access pavement is proposed, to be 180,743 square feet or about 485 square feet per parking space. This is .very close to the median area per parking space usually recommended for very efficient parking lots. . 6. Topography of the site is such that without regrading, little of the site would be visible from Pacific Hwy. east of Sambo's, but regraded or not, the buildings and parking will be in full view from Pacific Hwy. westerly of Sambo's. 7. Traffic impact of the project can be expected to be par- ticularly significant on Main, Scoffins and Hall. Scoffins will probably bear a terrific traffic burden from develop- ment of this project. This will particularly be felt at the intersection of Hall and. Scoffins. The developer has proposed signalization and turn refuges at the north end of Scoffinsgwhich will improve significantly Scoffins' • capacity there. . 8.' The impact of 'the project on public facilities and utilities ' will, of course, be substantial. Staff feels that the im- . pacts, as far as they have been thus far identified, can be easily accommodated by the City, with the exception of storm drainage, which will be an important element of the plan. The City' s stance at this time is that such a project, as this should provide sufficient on-site retention. of storm water to spread out outfall over time and should bear the • responsibility to provide such facilities in excess of . present system capacity as may_ be necessary_ "downstream"• in 'the storm drainage system. • • 9. The connection between Sambo's, parking lot and Payless' will allow persons to use the Sambo 's parking lot to gain access to Payless. In addition, the location of the Sambo's driveway interferes with the Main Street left turn • PC staff report - 9/16/75 - item 7.1 page 2 e. 4 .. 4 stacking lane. To aleviate this problem a driveway could ' connect with Pacific Highway through the middle of the _ . entire property owned by McCall Oil. (Sambo's is on the westerly piece) . 'Access could be provided off such a } drive for the two McCall owned lots fronting Pacific Hwy. , . while also providing a direct link to the Payless develop-. ment. • 10. Screening adjacent the residential areas facing Hall Blvd.- ' is required by code; however, staff is concerned more with ,. noise isolation in this particular case than with visual . buffering, particularly as the single and multiple family uses there could be visually screened by noise buffering using an appropriate evergreen conifer in multiple rows. mil. Planning staff has taken the initiative to present the pro- posed plan to the Design Review Board for a "concept review". . This was done on September 9. The questions posed by staff in a memorandum were related to: a. design ramifications of a fast foods restaurant at the corner of Main and Scoffins; b. site orientation; c. building and parking lot 'location; , d. pedestrian circulation; , e. . relationship of the structural elements of the site design to each other and to the streets; f. design ramifications and additional impacts generated by through access from Hall to Scoffins and by possible "shortcut" use through Sambo's from Pacific • • Hwy. • 12. The Design Review Board reviewed the proposal and recommended the developer/applicant look at a more innovative site I desi concept as an alternative to the proposal. No formal conce , action was taken by the Board; however, review of staff's notes taken during the meeting reveals that there was a con- census of opinion that the site design proposed lacks im- aginative treatment of the site; that the site seems to "read" diagonally rather than transversely, parallel to Pacific Highway; that pedestrian movement to and between buildings, dimensions of the two main buildings and adequate the critical desi .. criteria. The • street access seem to be th design architect indicated that the configuration suggested by the 1 •, Design Review Board (an alignment placing the two main. •-. buildings on a north-south axis, parallel to Hall Blvd.)' would not, in his, opinion,. work due to the grades on the- site and the long walk necessary to the farthest parking • spaces. The Applicant's representative, Mr. Hummel, in- dicated that he would prefer such a design if it could be ' developed. . . pc staff report - 9/16/75 - item 7.1 - page 3 , , , • • 13. This application is for review of the preliminary plan • and program. Staff feels that the Planning Commission kr' is really accomplishing two tasks. One is to accept or reject generally the concept of development involved (the land use, density or intensity, and general site use); and two, to review the information submitted as to whether: it (the Planning Commission) feels the applicant has sub- mitted sufficient information on which to base an approval. 14. An element of the preliminary program that particularly concerns staff is that of the proposed way that lease space will be parceled out and what land uses will be represented. It would, in staff's opinion, be helpful if at least some perspective pencil sketches of the site as proposed to be developed were available to show massing and proportions of the buildings in relation to the site _ and environs. • • . • - • • • • PC staff report - 9/16/75 - item 7.1 - page 4