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Planning Commission Packet - 12/02/1975 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. AGENDA Tigard Planning Commission Q, December 2, 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 4. COMMUNICATIONS 5. PUBLIC HEARINGS 5.1 CONDITIONAL USE PERMIT - CU 24-75 (Country Development Corp.) A request by Country Development Corp. to construct a con- tractor's shop and offices with outside storage on a parcel of land at 14830 SW 72nd Avenue. A. Staff Report B. Applicant Presentation C. Public Testimony .. D. Staff Recommendation E. Rebuttal F. Commission Discussion and Action 5.2 COMPREHENSIVE PLAN AMENDMENT - CPR 4-75 (Ralph Peters) A request by Ralph Peters for an amendment to the Tigard Community Plan of 1971, as amended, to change land use designation of a parcel at 9830 SW McKenzie St. from "Urban Medium Density" to "General Commercial". A. Staff Report B. Applicant Presentation C. Public Testimony D. Staff Recommendation E. Rebuttal F. Commission Discussion and Action 6. OTHER BUSINESS 7. ADJOURNMENT t , MINUTES Tigard Planning Commission December 2, 1975 Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER: The meeting was called to order by Vice-Chairman Porter at 7:32 p.m. Moore 2. ROLL CALL: Present: Nicoli, Sakata, Popp, Porter, Smelser, Wakem; Absent: Ems; staff present: Powell and Laws 3. MINUTES: o Wakem requested that the minutes of November 25, 1975, be amended to read - Agenda Item 5.3 CU 23-75 975, g 3 (Michael Fahlman) - a Condition for approval should read: "A sign could be placed on Hall Blvd. , but it must refer to the entrance on Scoffins St. " o Popp requested that agenda item 5.4, V 9-75 (Tualatin Development Co. ) that points one (1) and four (4) be included in the conditions for denial of the variance. o The minutes were then approved as amended. 4. COMMUNICATIONS: Norman Hartman submitted his letter of resig- nation from the Commission effective 12/1/75. 5. PUBLIC HEARINgS 5.1 AS APPLICANT WAS NOT PRESENT, ITEM 5.2 WAS CONSIDERED FIRST. 5.2 COMPREHENSIVE PLAN AMENDMENT CPR 4-75 (Ralph Peters) A request by Ralph Peters for an amendment to the Tigard Comprehensive Plan (NPO #2) to change land use designation of a parcel at 9830 SW McKenzie St. from multi-family resi- dential (A-2) to general commercial (C-3) . (tax map 2S1 2BD, tax lot 700) . A. Staff Report: read by Powell. B. Applicant Presentation o Charles McClure, acting as Mr. Peters' legal counsel, stated the differences of opinion as he and staff interpreted the Comprehensive Plan. McClure stated that Peters was not given sufficient notice of the land use proposal which was the existing C-3 to the A-2, that is, from retail Ar commercial to urban medium density by NPO #2 Plan and was also not given an opportunity to h� e arse PC Minu es Page 2 December 2, 1975 participate in the planning process. McClure further stated that he doubted that any of the properties surrounding the Peters'property had participated or gave input as to the zoning designation on those properties; that this site was not a good site as recommended in Policy 14 of NPO #2 Plan for the location of multiple family dwelling units and also that the site did not conform to the criteria in Policy 16 of NPO #2 Plan Text. McClure stated that Peters' proper- appeared to be the only property singled out as being different from surrounding property and that the Planning Commission was obligated by statute to consider"the conservation of property values". He further stated that he saw the Comprehensive Plan revision as being one of a legislative decision and, therefore, the Commission, acting as a legislative body, could vote to change the plan. C. Public Testimony C o Fred Parrish, NPO #2, stated the position of the NPO and the intent of the plan as it applied to this site. He stated that traffic generation was a major consideration in determining the types of land uses for this site and that commercial use would be contrary to the intent of that land use designation. o Parrish, in response to earlier remarks by the applicant, stated that the public had had sufficient opportunity to participate in the planning process. He stated that general office office space use, perhaps, could be compatible with this area location if it generated small amounts of traffic. o Popp asked the applicant if he had any immediate plans to develop the land. o Applicant responded that he had none at this time. D. Staff Recommendation Staff recommended denial based on the finding that to the policies of the NPO Map conforms t t e the Plan M s p P Plan Text and that no faulty logic or mistake was made in designating this site. I', PC Minutes Page 3 December 2, 1975 E. Rebuttal o McClure stated that at an earlier meeting, at a time at which the NPO #2 Plan was being adopted, Dick Bolen, the planning director, had stated that this was a "gray area". o McClure reiterated his earlier points, stating he did not see multiple dwelling units being the best use of this land. F. Commission Discussion and Action o Popp asked the staff if this hearing was con- sidering only a Comprehensive Plan revision and not a zone change. o Staff responded affirmatively. o Sakata stated that she felt• that more background information was needed before a Comprehensive Plan revision could take place, or at least be acted upon by the Planning Commission. o Porter stated that the economic factor raised by the applicant was a legitimate point and that commercial-professional use would be a better land use proposal than C-3 because of the lower traffic generation and that he would go along with a commercial-residential land use desig- nation. o Smelser stated that he supported staff's recom- mendation, for denial. o Moore stated that C-3 usage could allow high intensity uses and thus have a negative effect on the surrounding properties. o Popp stated that he was aprehensive about amend- ing the Comprehensive Plan and questioned the construction of additional apartments in this area and looked more favorably upon a commercial- professional use. o Nicoll concurred with Popp concerning the con- structing of additional apartments in this area. o Popp made a motion to amend the Neighborhood Plan, changing the designation of that parcel from urban medium density to commercial-professional. PC Minutes Page 4 December 2, 1975 o Smelser stated that the applicant had requested a change in the Comprehensive Plan and not a zone change. o Nicoli seconded the motion. o Moore stated that the applicant had not had an opportunity to state his position on Mr. Popp's motion. o McClure responded for the applicant that this may be a case "spot zoning". o Nicoli asked if restrictions or conditions could be placed on the C-5 zone. o Porter responded that the Comprehensive Plan could be worded so as to discourage uses which are high volume traffic generators. o McClure stated that the recommendation in Popp's motion would be all right with his client. o Motion passed 4 to 3. Yes: Nicoli, Popp, Porter, Sakata; No: Moore, Smelser, Wakem. o Wakem stated that he was extremely distressed by the method in which the hearing was conducted and the decision that was reached. o Sakata stated that she was concerned about Nicoli's participation in the hearing and (that it appeared + that a conflict of interest was present). o Nicoli stated that he felt that he had no conflict of interest. o Popp stated that we all have interests in these matters and that there was no conflict of interest, in his opinion. o Porter felt that when there is a direct relation- ship between a Planning Commission member and an applicant, he or she should not sit in on the hearing. o Nicoli stated that he was not swayed in his vote. PC Minutes Page 5 December 2, 1975 5.1 CONDITIONAL USE PERMIT CU 24-75 (Country Development Corp. ) A request by Country Development Corp. to construct a contractor's shop and offices with outside storage on a parcel of land at 14830 SW 72nd Avenue. A. Staff Report: read by Powell. B. Applicant Presentation o R. J. Hunnicutt, the applicant, stated that pipe fittings would be stored in the outside at the back of the subject site. o Sakata asked if the applicant intended to put up a sight obscuring fence. o Hunnicutt responded that a cyclone fence was pro- posed to be constructed around the perimeter and that slats could be installed in the fence in that area where outside storage would be located. He stated that customer parking would be in the front of the building and that employee parking would be to the rear. o Porter asked if any particular noise would be generated by the business. o Hunnicutt responded by saying "no" o Sakata stated that a fence with slats should be constructed around the storage area. C. Public Testimony: none D. Staff Recommendation: Approval with the condition that a 10 ft. right-of-way be dedicated along 72nd Ave. E. Rebuttal: none F. Commission Discussion and Action o Sakata made a motion for approval, stating that the land use met the Comprehensive Plan desig- nation and would be an improvement to the present site and that the application should be approved with the staff recommendation and that a sight obscuring fence be installed around the storage area. PC Minutes Page 5 December 2, 1975 o Popp seconded the motion. o Motion approved unanimously. 6. OTHER BUSINESS: none • 7. ADJOURNMENT: 9:40 p.m. • • I` [j I, 1, y:. NOTICE OF PUBLIC HEARING 1,' CITY OF TIGARD PLANNING COMMISSION , i Notice is hereby given that a public hearing will be held by the Planning Commission of the City of Tigard in the Twality Junior High School Lecture Room, 14650 SW 97th Avenue, Tigard, Oregon. Said meeting will occur on December 2, 1975, at 7:30 p.m. and will ,> concern the following: o A request by Country Development Corp. to construct a contractor's shop and office with outside storage on a parcel of land at 14830 SW 72nd Avenue (Wash. Co. tax map 2S1 12A, tax lot 2700) . A All persons having an interest in these matters are invited to attend and be heard. 1 i r, 1 S k 'r(' 1. 6', it ir tr ' Publish TT 11/20/75 ` 11/27/75 f+ i i, e 1 Staff Report Tigard Planning Commission December 2, 1975 �. CU 24-75 Agenda Item 5.1 CONDITIONAL USE PERMIT. A request by Country Development Corp. to construct a con- tractor's shop and offices with outside storage on a parcel of land at 14830 SW 72nd Avenue. STAFF FINDINGS 1. The proposed conforms to the Tigard Community Plan which identifies industrial development as appropriate in this area. 2. Many neighboring establishments have associated outside stor- age and Ford Predelivery Corp. is primarily an outside operation. 3. Access to the site is good, although SW 72nd in front of this site is presently 40' wide where 60' is required. 4. SW 72nd has been proposed by the City of Tigard for improve- ment under Urban Arterial Board financing in FY 1977. 5. Adequacy of site development plan, screening, parking, etc. will be subject to review by the Site Development Plan and Architectural Design Review Board. 6. Utilities are available in 72nd. r STAFF RECOMMENDATION "following public testimony! . I " ; j rr L ( • COUNTRY DEVELOPMENT CORP. 7271 5. BRIDLE TRAIL DRIVE CANBY. OREGON 97013 - - TELEPHONE (503) 651.3333 November 6, 1975 Mr. Jerry Powell, Director Planning Commission City of Tigard Tigard, Oregon 97223 Dear Mr. Powell; Enclosed find a signed, completed application form, a check for a fee of $175, Title Insurance Policy, and the following narrative; This is a proposal requesting a conditional use permit to erect a structure at 14830 SW 72nd Avenue, Tigard, Oregon 97223, in a zone of M-3, which is the present 1 correct zone for this building. The need for a conditional use permit is to comply with the City of Tigard's requirements. This entire proposal is entirely in conformance with Tigard's adopted Comprehen- sive Plan. The whole community on 72nd Avenue would benefit by the addition of another well designed, landscaped structure, similar to Ace Electric's building across the street from this site, compared to the house on the site, rented to tennants that have accum— ulated six or seven old cars and a considerable amount of refuse in front and behind their residence. It is apparent that the community that includes Ford Predelivery Service, Rogers Machinery Building, and Ace Electric Building needs another structure similar to their buildings, to improve the community. Of course the public will benefit ILfrom the revenue from taxes on a building assessed at approximately 300 thousand dollars compared to the building there assessed at 100 dollars. There should be no changes in environmental, economic or social conditions except those improvements just mentioned. Access onto and away from the property will defin- ately be improved by granting this conditional use. This location is superior to other locations in the City of Tigard, because the access to I-5 freeway is better and the flat, level topography of this parcel are better suited to the building needed. Again, the impact of this structure on the adjacent sites will be complementary. s' Other occupants in this neighborhood would benefit from this building. All of the business activities are conducted inside the building and none of the work creates odors, smoke, noises that are annoying, or waste that is accumulated. There would be temporary storage of some pipe and fittings from time to time on the far rear portion of the site, approximately 400 to 500 feet from the street. Ample parking at the rear of the building, ample parking at the front of the building, complete drainage of rain water, a sewer hookup, a water hookup for building use, and a separate hookup to the 6" or 12" firemain water to operate a complete sprinkler system. 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'' /c I. ,:•k i A..„:„. .. , .. . I . • ,,...„ ) . `1 . : , I . . . . • - -------- , • c i .,• +._ ...` 1 4,,••:\fr=•!-'.`t• t,'•,•, , ., 1206 30 _ --. 234. '' r `) 6'() W..6!.. . • .•, e•• '' 11 k' 4 . .. c t . • , o . :, S • , -\ C A .s. •- , I 0 EE MAP •. . . . 2S 1 1 2 , 0 . . . i . t‘ . • _ _, - - , - • , if STAFF REPORT Tigard Planning Commission December 2, 1975 CPR 4-75 Agenda Item 5.2 COMPREHENSIVE PLAN AMENDMENT A request by Ralph Peters for an amendment to the Tigard Community Plan of 1971, as amended, to change the land use designation of a parcel at 9830 SW McKenzie St. from "Urban Medium Density" to "General Commercial". STAFF FINDINGS 1. The Tigard Community Plan was amended by Ordinance 75-8, February 24, 1975, which adopted the N.P.O. #2 Plan insofar as Febr y , 7 , p "NPO " planning NP0 #2 . it is applicable to the Iicable p g area known as h p This plan identified that area adjacent Pacific Highway as appropriate for "Highway Oriented Commercial Use". This constituted a change from "General Commercial" shown on the Tigard Community Plan, 1971 land use map. That previous General Commercial node shown was shown in anticipation that the intersection of Pacific Highway and Walnut would be the centroid of a major commercial district extending from Fanno Creek to the vicinity of Garrett/School Street. It was, at the same time, projected that the civic center would even- tually occupy the old Fowler Junior High School site and ( that most of the Main St. area would become commercial- industrial in character. 2. A major concern of N.P.O. #2 was traffic generation on the minor streets back from the highway. Johnson, Grant and McKenzie Streets are identified as local streets within the text of the N.P.O. plan. 3. Surrounding land use is commercial-industrial on the south- east, adjacent Pacific Highway, apartments on the southwest to north west, a vacant lot on the north and a church, school and residence on the northeast (see attached land use map) . 4. There has been no commercial development proposed on any site off Pacific Hwy. in this area in spite of appropriate I Comprehensive Plan provisions and zoning. There is one commercial building (grocery) on Walnut, back from the 11 highway, but Walnut, unlike those streets previously men- tioned, is a collector-arterial street. 5. McKenzie St. is presently a center strip street without curbs or sidewalks in a 40 ft. right-of-way. Excess parking from the restaurant on the corner of Pacific Hwy. frequently has been a problem and the street has been made "one way" in order to eliminate a hazardous intersection at its juncture with Pacific Hwy. 1 page 2 PC Staff Report Item 5.2 December 2, 1975 rI 6. Policy 16 of the N.P.O. #2 Plan addresses locational criteria for multi-family housing and it appears that the subject site conforms with these criteria. POLICY 16. "Within the Neighborhood, multi-family development should be located according to the following locational criteria. A. Accessibility to arterials B. Accessibility by the pedestrian and cyclist to shopping and employment C. Availability of open space as a relief to the higher density living environment" STAFF RECOMMENDATION To be presented after public testimony t$ Vie. I �,J J�� � R�V• �( ,; c-i 1 r�qr' v+• . - b,,,,, •-•,-;,.:›i , _ -- - , . . - - ..-....;?,,,,,,,...„„ '-',-%.-..-,..,.„,„::-...,,„,,,,I:,l'i '. ▪ '----- ^"'7' a B. • "Sv.� •l.,'I,i..raJ t `k � ' ''. „`,'"!``. ,: �} r Ff A .,,' .• _ ,ff �"''e•+;y,,,,� E f 3 J^A } «. 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J°��- G� 1701 �. �,: Z.S ye a ¢e .f 39 ., csraa32v1 '2000ty`p,P ♦, IIAe. ask.,., r t E YY 1 NL 1 ' 150,S,.o 2500 �•• • -Il iii JS•O+r +�'r •d s.. ,si' . 1700`` \ �• ti• ,� r r•�'�1'1t�D r ,• a ;<S lulu s' ' .ts:h �` \' - • ADDITioN ,ems g .. 1502 3? ;;` rs `\1` 1600 • 2700 +- f 7� 1 •a"+°'" `42800 _ f,iY2' 3000 ��•((((J///�\\\ f/ vy •4 3100 ♦ �\ / /�' / X 3 . wrT S,.i -_ SEE MAP - _..., i v1\ :.;.r� -- > 3 ,1r 4 r-r 3200-5":V344-1;;.5,-. �.� J +.'-.•- __ ?•:f F 251 2Ce Ii - Z Ie r. t• r r 4•1.1''1y-.,,-- J.A. yAr '.ti t rl `a x ?.�.-f J 4r,•.;'rpfr }.-[.J3....4-ri: i 4�*Y v t• Y. 1 1:_ - c:- ' 1• 1 • REASONS FOR REQUESTED CIIANGE: 1. The subject property was rezoned by the City Council on July 14, 1975, from C-3 General Commercial Zone to A-2 Multiple Family Residential Zone "to bring the City's present zoning map into conformance with the N. P. O. PLAN #2, as adopted by the City Council on February 24, 19'75. " It is the contention of the applicant that the rezoning of the subject property was not necessary to conform with the comprehensive plan. Therefore, the comprehensive plan should be changed to the extent that the map thereof should show that the subject property falls within the general commercial zone. 2. The applicant received no actual notice that a change in the proposed allowable uses of his property was in the offing until on or about July 5, 1975. The applicant therefore did not have the opportunity to appear before the persons formulating the plan and make known his views on the future proposed allowable uses of the property. Likewise, the applicant did not have the opportunity to appear before • the Planning Commission to make his views known when the plan was adopted. The applicant's first opportunity to be heard was at the zone • change hearing, July 14, 1975, before the City Council well after the plan had been extensively debated, "packaged" and approved by the City Council. Understandably, the applicant was not able to present a case to which the City Council was receptive at that late time in the proceedings. 3. The intent and policies of the Plan would be best carried oat by allowing the proposed amendment to the map interpreting the text of the Plan. 4. ORS 227. 240 requires that consideration be given to the conservation of property values when any change of allowed uses is contemplated by a governmental body. The value of the subject property was adversely affected by the change in the comprehensive plan and the resulting zone change. This is a matter which should be given serious consideration.