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PLEASE NOTE: The original paper record has been archived and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.
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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.
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11/27/75
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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
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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. A complete cyclone
fence around the perimeter of the property, with a two—gate opening. Grass and mature
trees will be planted and saved in the front with plantings along the other boundaries.
All the public services now provided for the community are sufficient for' this new
development. (Fire,Police,water,sewer,roads, utilities, etc). .
A scaled site plan is also enclosed to .give the in—detail explanations you might
need.
Respectfully, /
Richard J. unnicutt, President
Country Development Corporation.
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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
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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.