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Planning Commission Packet - 09/07/1976 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. A AGENDA Tigard Planning Commission it September 7, 1976 - 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 : i 5.1 CONDITIONAL USE CU 24-76 (Pioneer Upholstery) NPO I ,t A request by Irvin Mageaux Jr. to locate an upholstery shop in an M-4, Industrial Park zone in the Security Storage Building at 8900 S .W. Burnham Street #F-5, (Washington Co. Tax Map 2S1 2AD, tax lot 2200) . 5.2 CONDITIONAL USE CU 14-76 (Greyhound) NPO IV A request by John Smith to locate a Greyhound Bus Terminal in the C-3, General Commercial zone on SJW. Pacific Highway, near S.W. 79th Avenue (Wash. Co. Tax Map 1S1 36CD, Tax Lot 1900) . 5. 3 VARIANCE V 8-76 NPO II A request by Victor Seeber for a variance to the sideyard setback in the M-4, Industrial Park zone reducing the required setback from 50' to 30 ' on S.W. Tigard Street west of S .W. Grant Street (Wash. Co. Tax Map 2S1 2BA, r_ Tax Lot 800) . 5 .4 SUBDIVISION S-10-76 (Payless) NPO I A request by Payless Inc . to create a 6 lot commercial subdivision at S .W. Scoffins Street and S .W. Main Street (Wash. Co. Tax Map 251 2AA, Tax Lots 600, 602, 800, 900) . '. 5.5 SUBDIVISION S-9-76 (Greensward Park) NPO VI A request by Travport, Inc . to create a 35 lot residen- tial subdivision with lot size ranging from 7500 square feet to 10, 000 square feet zone on S .W. Bonita Road (Wash. Co. Tax Map 2S1 11A, Tax Lots 1700, 1800) . 5.6 CONDITIONAL USE CU 25-76 (Travport) NPO VI A request by Travport , Inc. to construct four duplexes in an R-7, Single Family residential zone at the south- west intersection of S.W. Hall Blvd. and S .W. Bonita Road (Wash. Co. Tax Map 2S1 11A, Tax Lots 1700 and 1800) r' E • • AGENDA Tigard Planning Commission ' ( September 7, 1976 Page 2 5.7 MINOR LAND PARTITION MLP 7-76 (Russell) NPO II A request by Wayne Russell to partition a .65 acre parcel into two lots on S.W. Grant Street, southwest of S.W. Johnson Street (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) . 5.8 VARIANCE V-9-76 NPO II A request by Wayne Russell for a variance to the minimum access width for proposed duplexes on S.W. Grant Street southwest of S.W. Johnson Street (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) . 5.9 CONDITIONAL USE CU 26-76 NPO II A request by Wayne Russell to locate two duplexes in an R-7, Single Family zone on S.W. Grant Street southwest of S.W. Johnson Street (Wash. Co. Tax Map 2S1 2BB, tax lot 1801) . X, _. 6. OTHER BUSINESS: 7. ADJOURNMENT: MINUTES Tigard Planning Commission 04 September 7, 1976 - 7: 30 P.M. L. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 1 . CALL TO ORDER: The meeting was called to order at 7: 30 by Chairman Popp. 2 . ROLL CALL: Present : Popp, Sakata, Krause, Tepedino, Moore, Goldbach, Nicoli and Phillips. Excused Absence: Porter 3. APPROVAL OF MINUTES : Minutes of 8-17-76 approved as read. 4. COMMUNICATIONS - None 5 . PUBLIC HEARINGS: 5. 1 CONDITIONAL USE CU 24-76 (Pioneer Upholstery) A request by Irvin Mageaux Jr . to locate an upholstery shop in an M-4, Industrial Park zone in the Security Storage Building at 8900 S .W. Burnham Street #F-5 (Wash. Co . Tax Map 2S1 2AD, Tax Lot 2200) . A. Staff Report : Read by Daniels. B. Applicant 's Presentation : o Mr. Irwin Mageaux, applicant , explained why he had chosen this site and its suitability for his business, also stated that all advertizing would be done through the paper and that they would pick up and deliver . C. Public Testimony - None D. Staff Recommendation: Approval with the following conditions : 1 . The use will be reviewed by the Planning Commission in one year to determine continued compatability with adjacent uses and its impact on the surrounding area. 2. The use remain non-retail . E. Rebuttal - None F. Commission Discussion and Action o Moore moved and Nicoli seconded that the motion be approved based on findings stated in the report with the staff recommendations. o Tepedino expressed concern that this use Would violate I the original conditions placed on this complex. Y MINUTES Tigard Planning Commission September 7, 1976 ;;. Page 2 The motion was approved by unanimous voice vote. 5.2 CONDITIONAL USE CU 14-76 (Greyhound) A request by John Smith to locate a Greyhound Bus Terminal in the C-3, General Commercial zone on SW Pacific Highway, near SW 79th Avenue (Wash. Co. Tax Map 1S1 36CD, Tax Lot 1900) . A. Staff Report : Read by Daniels. o Staff presented a letter from C. T. Flink, Assistant District Engineer for the State Highway Division, stating that there were no major objections to the plan but that southbound buses would create a traffic maneuvering problem. B . Applicant ' s Presentation : o John Smith, applicant, stated that o a Greyhound Terminal would be an asset to the f community o in his view there would be no traffic problem o existing shrubbery would be retained except for along Pacific Highway o Mrs. Malcolmsen, adjoining property owner, expressed concern about children 's safety. C . Public Testimony - None D. Staff Recommendations : Staff recommends approval of the conditional use with the following conditions : 1 . Realignment of the frontage road be worked out with the City Engineering Department and the State Highway Division bringing the intersection as close to 90° as practically possible. 2 . The screening on the south property line be main- tained. A landscape plan be submitted for Design Review Board approval . 3. The existing billboard be removed within 6 months and one low, free standing, sign, not to exceed 230 sq. ft . total surface area, be allowed subject to Design Review Board approval . 4. The applicant file with the City Recorder an agree- ment to participate in a local improvement district to • rrn ky MINUTES Tigard Planning Commission September 7, 1976 Page 3 improve the frontage road if changed to city jurisdiction. o Phillips asked that buses not be allowed to make a left hand turn onto Pacific Highway but be rerouted through Barbur Blvd. a Popp stated that the fifth lane plus a traffic light would solve the left turn problem. o Goldbach asked that drainage be subject to the City Engineer 's approval . o Tepedino asked that the terminal use be limited to exclude overnight parking and heavy freight . Goldbach moved and Tepedino seconded that the proposal be approved based on the findings in the staff report with the staff recommendations 1 - 4 plus 5. no parking be allowed on the frontage road. 6 . Drainage be subject to Engineering Department approval . . 7. The terminal be used for passengers and light freight only. o Sakata added condition 8 - that the left turn situa- tion be evaluated in one year. o Krause asked this motion be passed on to the City Council for final approval . The motion for approval with the eight conditions was approved in a 6-2 vote , Krause and Moore dissenting. Krause moved and Nicoll seconded that the approval of this motion be sent to City Council for review. The motion was approved by unanimous voice vote. 5. 3 VARIANCE V 8-76 A request by Victor Seeber for a variance to the sideyard setback in the M-4, Industrial Park zone reducing the required setback from 50 ' to 30' on SW Tigard Street west of SW Grant Street (Wash. Co. Tax Map 2S1 2BA, Tax Lot 800) . A. Staff Report - Read by Daniels. B. Applicant 's Presentation: o Victor Seeber, applicant , presented a letter to Chairman Popp-, from Kenneth Groves, adjoining pro- perty owner, stating that he had no objection to the variance. • �SUtf MINUTES Tigard Planning Commission ir, September 7, 1976 Page 4 C. Public Testimony - None D . Staff Recommendation: Staff recommends approval as submitted. E. Commission Discussion and Approval : o Nicoll moved and Phillips seconded that the pro- posal be approved based on the findings in the staff ' s report . The motion was approved by unanimous voice vote. 5 .4 SUBDIVISION S-10-76 (Payless) A request by Payless Inc. to create a 6 lot commercial subdivision at SW Scoffins Street and SW Main Street (Wash. Co. Tax Map 2S1 2AA, Tax Lots 600, 602, 800, 900) . A. Staff Report : Read by Daniels . N B. Applicant 's Presentation: Applicant was not represented at the meeting. o Staff informed Chairman Popp that the case could be heard as long as no direct cross-examination of the applicant was needed. C. Public Testimony - None D. Staff Recommendation: Approval with the following condition: 1 . Joint access and cross easements be filed with the City Recorder. E. Rebuttal - None F. Commission Discussion and Action: o Goldbach moved and Krause seconded to approve the proposal based on the findings in the staff report with the staff recommendation. The motion was passed 6-1 with Sakata dissenting and Phillips abstaining. 5. 5 SUBDIVISION S-9-76 (Greensward Park) • MINUTES Tigard Planning Commission September 7, 1976 Page 5 A request by Travport, Inc. to create a 35 lot residential subdivision with lot size ranging from 7500 square feet to + 10,000 square feet zone on SW Bonita Road (Wash . Co. Tax Map 2S1 11A, Tax Lots 1700, 1800) . A. Staff Report : Read by Daniels. o Arthur B. Biggs, adjoining property owner, informed the Commission that Mountain View Lane is historically the through street for the area. B. Applicant 's Presentation: Dale De Harport, applicant , informed the Commission n; that he had worked with staff on the proposed street system and lot 1600 could be given access through this A? subdivision at a future time . is C. Public Testimony Ks o Ron Hollen, 21737 SW Tiedeman, expressed concern over future access to tax lot 1600 . #Y o Biggs asked that the total traffic system and histori- cal easements be taken under consideration and that Mountain View be developed rather than Inez. D. Staff Recommendations : Eti Staff recommends approval with the following conditions : ti 1 . A deed covenant be executed restricting access to lot 1 only be onto SW Greensward Lane and access to lots 33, 34, and 35 only onto SW 86th Avenue. 2. 10 ' along the entire length of the original parcels t: be dedicated for the future widening of SW Hall Blvd. z<° 3 . A class II bikepath/pedestrian way to state stand- ards be constructed along the entire length of this ?'E parcel . 4 . The existing 20' easement and along the north edge of lots 1 - 7 be vacated upon the development of the tax lots 1600 and 1900 to the west. 5. Location of street lights and fire hydrants be [' approved by Director of Public Works prior to final plat approval . 6 . A Tri-Met approved bus shelter be constructed along SW Hall Blvd. L rr JN MINUTES k „. ' Tigard Planning Commission September 7, 1976 ilk Page 6 IL i 7. Street names to be approved by Director of Public Works. f 8. Storm sewer and drainage system to be approved j by Director of Public Works . I 9. 5' utility easements along all property lines. 10. Sidewalk to be located adjacent to the curb . 11 . Street trees, the type of which to be determined by staff and applicant, be planted 35 ' - 40 ' on center ' with the trunk center a minimum of 1z ' from the in- side of the sidewalk. 12 . A 5 ' pedestrian easement and pathway be located 1 between lots 7 and 8 to provide access toward the elementary and junior high school . o Staff explained that a bike path alon g SW Hall would be in lieu of a sidewalk. E. Rebuttal : o Nicoli asked whether Mrs. Butterfield, owner of Tax Lot 1900, had any other method of entering her pro- perty. o Applicant stated that access from Inez Street was 5ej possible. �, o Mrs. Butterfield stated she did not wish pedestrian traffic onto her property . �4 o Mark Butterfield stated that they would continue to use the existing roadway rather than Inez Street . I- I, i; o Applicant stated his objection to staff recommenda-- t,, tions 3 and 6 and asked that easements be recorded on the plat rather than on seperate documents . !j F. Commission Discussion a. Tepedino moved and Goldbach seconded to approve the proposal based on the findings in the staff report with the staff recommendations deleting the words "and pathway" in item #12 . ,. o Moore stated that Greensward Street should be continued to the edge of the lot and plugged to provide the option of going into tax lot 1600 at a future date. c The motion failed in a roll call vote 3 - 5 with Popp, Sakata, Krause, Moore and Phillips dissenting. • MINUTES Tigard Planning Commission September 7, 1976 Page 7 Krause moved and Phillips seconded to approve the proposal based on the findings in the staff report with the staff recommendations deleting the words "and pathway" in item 12, and a revised plan showing Greensward Street continuing to the western edge of the lot be submitted for staff approval . The motion was passed by unanimously voice vote. 5.6 CONDITIONAL USE CU 25-76 (Travport) A request by Travport, Inc. to construct four duplexes in an R-7, Single Family residential zone at the southwest intersection of SW Hall Blvd. and SW Bonita Road (Wash. Co. Tax Map 2S1 11A, Tax Lots 1700 and 1800) . A. Staff Report : Read by Daniels. B. Applicant ' s Presentation : Mr. DeHarport summarized the proposal . "�- C. Public Testimony -- None D. Staff Recommendation: Approval as submitted. E. Rebuttal - None F. Commission Discussion and Action Krause stated his support for the concept . o Krause moved and Nicoli seconded to approve the proposal based on the findings in the staff report as presented. The motion was approved by unanimous voice vote, 5. 7 MINOR LAND PARTITION MLP 7-76 (Russell) A request by Wayne Russell to partition a .65 acre parcel into two lots on SW Grant Street, southwest of SW Johnson Street (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) . 5. 8 VARIANCE V 9-76 A request by Wayne Russell for a variance to the minimum access width for proposed duplexes on SW Grant Street south- west of SW Johnson Street (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801)-. I . V ' MINUTES Tigard Planning Commission , ^ September 7, 1976 ,^, Page 8 5.9 CONDITIONAL USE Cu 26-76 A request by Wayne Russell to locate two duplexes in an R-7, Single Family zone on SW Grant Street southwest of SW Johnson Street (Wash. Co. Tax Map 2S1 2BB, tax lot 1801) . o Staff asked that all three items be considered at one time. A. Staff Report : Read by Daniels. B. Applicant 's Presentation: o Wayne Russell , applicant, stated that a recent survey included the driveway easement . o Stan Schook, realtor, stated that duplexes would offer a pleasing buffer between industrial and residential zones. C. Public Testimony o Bob Moore, adjoining land owner, stated that the existing building had been a farm machinery shed later converted to an apartment, and that it was . presently an eyesore to the community. D. Staff Recommendation : MLP 7-76 Denial based on failure to comply with conditions of previous partitioning activity and the proposal creates inadequate access for the proposed uses. V-9-76 Denial of the variance in that any hardship has been self created by the previous partitioning of the owner; it is not necessary for the preservation of a property right substantially the same as possessed by other properties in the same zone or vicinity and it is injurious to the adjacent single family residence . CU 26-76 (4,4, Approval of a conditional use permit for converting the existing building to a duplex and aggregating the re- mainder of the parcel with adjoining parcels for develop- ment with better access. E. Rebuttal - None ' 'W MINUTES Tigard Planning Commission September 7, 1976 41 Page 9 F. Commission Discussion and Action Nicoli moved and Goldbach seconded to deny MLP 7-76 based on staff findings. The motion was approved by unanimous voice vote. Goldbach moved and Tepedino seconded to deny V-9-76 based on staff findings. The motion was approved by unanimous voice vote. Goldbach moved and Moore seconded to approve CU 26-76 as recommended by the staff . o Tepedino stated that to approve one proposal with- out the other two would be unfair to the applicant . The motion was denied by unanimous voice vote . 6. OTHER BUSINESS o Staff informed the Commission that they had been informed that Mr. Porter would be resigning his position and that an alternate position was open for the Design Review Board. o Chairman Popp brought to the staff 's attention numerous zoning violations. 7. ADJOURNMENT: 11 : 15 P.M. STAFF REPORT fy Agenda 5. 1 Tigard Planning Commission ApSeptember 7, 1976 Twality Jr. High - Lecture Room f . 14650 S .W. 97th Avenue - Tigard, Oregon 6 Ili DOCKET: CU 24-76 REQUEST: To locate a furniture manufacturing business in an M-4 zone . I i-1 LOCATION: Security Storage Building at 8900 SW Burnham St . (Wash . t-i Co. Tax Map 2S1 2AD, Tax Lot 2200) APPLICANT: Pioneer Upholstery ;? I . BASIC FACTS L 1 . The site is designated "Commercial-Industrial" on the Neighbor- hood Plan I and zoned M-4 , Industrial Park. 2. In February 1974 the Planning Commission granted a conditional f' use permit for a "mini-storage" building. i. 3. In June 1976 the Planning Commission adopted a policy for .re--• viewing potential businesses which might locate in the build- L'' ing. The Planning Commission allowed staff approval of uses , that met the following criteria: kf it p 1 . Less than 3 employees 2. No on-site sales 3. No manufacturing on assembly uses r. 4. Low traffic generating C; 5. One ten square foot wall sign II . FINDINGS i< 1- 1 . The applicant is requesting to locate a furniture upholstery business in the Security Storage Building on SW Burnham St . [r 2. The proposed use does not qualify for staff approval in that 4,. it is an assembly type use. f: 3. The proposed use conforms to the other four criteria. . 4 . The adjacent uses in the building are, Clayton Manufacturing r, and Tony 's Top Shop with Jerry 's Auto Upholstery two doors down. Vi 1s Ilk , STAFF REPORT Agenda 5. 1 Tigard Planning Commission September 7, 1976 Page 2 III . CONCLUSIONARY FINDINGS 1 . The proposed use conforms to the "Commercial-Industrial" designation of the Neighborhood Plan I . 2. The proposed use is compatible with the adjacent uses in the building. 3. The proposed use is a low traffic generator and should not adversely impact the surrounding uses . IV. STAFF RECOMMENDATION To be advised. yF STAFF REPORT Ilk, Agenda 5. 1 Tigard Planning Commission September 7, 1976 i i STAFF RECOMMENDATION; Approval with the following conditions : J 1. The use will be reviewed by the Planning Commission in one year to determine continued compatability with adjacent uses and its impact on the surrounding area. 2. The use remain non-retail . h is , • i • STAFF REPORT Agenda 5.2 Tigard Planning Commission September 7, 197E - 7: 30 PM Twality Jr. High School - Lecture Room 14650 SW 97th Avenue - Tigard, Oregon DOCKET: CU 14-76 REQUEST: A request to locate a Greyhound Bus Terminal in the C-3 "General Commercial" zone. LOCATION: On the Pacific Highway frontage road near S .W. 79th Avenue (Wash . Co. Tax Map 1S1 36CD, Tax Lot 1900) . APPLICANT: John Smith BASIC FACTS : 1 . The objectives of the "General Commercial" designations in the Tigard Community Plan are, 1) "to provide accessible locations, visible from major streets, for uses that depend on highway traffic; and 2) to minimize the inherent conflict between the safe, rapid movement of through traffic and shopper traffic on major streets . " 2 . Section 18 . 12.030 authorizes the Planning Commission to allow a use similar in nature to be allowed in a zone if the use is not already provided for in another zone. FINDINGS : 1 . A "bus terminal" or other similar description of a use such as the one being considered is not specifically listed as a per- mitted or conditional use in any of the zones for the City. The intended use of a full service bus terminal is similar in character to those listed as conditional uses in the C-3 zone in that it is close to a drive-in type operation . 2. The applicant has requested a conditional use permit to locate a full service (freight and passenger) Greyhound Bus Terminal in the C-3 zone on the Pacific Highway frontage road near S.W. 79th . 3. The surrounding land use is transitional with the parcel south- west along S.W. 79th, residentially developed and large parcels of vacant agricultural land in the county immediately south . "Burger Boy" drive-in restaurant is immediately adjacent to the northeast . 4 . The subject site is a triangular shaped 13,619 square foot k? parcel with 180 ' of frontage, all on the frontage road. A `', vacant house and garage presently exist on the site with a ] It hedge along the south property line . L';; • ( ,. STAFF REPORT Agenda 5 . 2 Tigard Planning Commission September 7, 1976 it Page 2 5. Two routes are presently projected to use the proposed faci- lity with 3 northbound and 3 southbond for each the coast and mid Willamette Valley connections . The present schedule on the coast route is : southbound - 7: 50 a.m. , 12 : 50 p.m. , 7: 36 p.m. northbound - 7: 53 a.m. , 1 :46 p.m. , 6 :09 p .m. The schedule for the mid-valley is unknown at this time, but according to Mr . Klinger, District Manager, a morning, mid day and evening route, both north and south, will be rerouted to make connections in Tigard. The coast route presently goes by the site, but the mid-valley routes will be rerouted and utilize an I-5 to 217 to Pacific Highway to I-5 pattern for northbound buses and the reverse for southbound. 6. S .W. Pacific Highway presently facilitates approximately 32,000 vehicles/day past this site . 7. Pacific Highway has a left turn refuge all along the site and the frontage road has two access points; one directly in front of the site and the other approximately 100 yards southwest . Northbound buses should easily be able to negotiate the turn- ing requirements, but the southbound buses having to cross two lanes of northbound traffic, sometimes occurring during peak traffic hours, will have difficulties and create traffic problems according to the State Highway Division which has reviewed the site. 8 . The turning radius of a 10 ' x 40 ' bus is greater than the angle of intersect between the frontage road and Pacific High- way. This necessitates a realignment of the northern section of the frontage road to intersect with Pacific Highway as near to 90o as possible to create a safer intersection than the present situation. 9. The applicant has stated his intention to bring the site to grade with the road. Care should be taken so as not to elimi- nate the high laurel hedge which effectively screens the highway from the parcels to the south. 10. The intended use is similar in nature to an eating and drinking establishment in regard to parking needs. Therefore, Section 18.60.120 (4) (H) of the TMC requires one space for each 100 sq. ft . of gross floor area. A minimum of ten spaces should be provided and are shown on the proposed site plan. • 11 . Section 18.28 .060 ( 3) requires that a minimum of 15% of a site in the C-3 zone be landscaped and Section 18.28 . 040 (1) requires that the 10 ' front yard setback be landscaped and maintained, STAFF REPORT Agenda 5.2 Tigard Planning Commission September 7, 1976 Page 3 12. The billboard on the northeast property line is being leased by the sign company. Upon sale of the property which is contingent upon Planning Commission approval of the condi- tional use permit, the lease expires in six months. Removal. of the billboard would greatly improve the visual environment along this section of Pacific Highway . 13. One free-standing sign would be allowed, not to exceed 230 square feet on both sides. 14 . The frontage road is presently in substandard condition. STAFF RECOMMENDATION: To be advised at close of public hearing. • is STAFF REPORT Agenda 5.2 Tigard Planning Commission September 7, 1976 STAFF RECOMMENDATION: Staff recommends approval of the conditional use with the following conditions: 1 . Realignment of the frontage road be worked out with the City Engineering Department and the State Highway Division bringing the intersection as close to 90° as practically possible. 2. The screening on the south property line be maintained. A landscape plan be submitted for Design Review Board approval . 3. The existing billboard be removed within 6 months and one low, free-standing sign, not to exceed 230 sq. ft . total surface area, be allowed subject to Design Review Board approval . 4. The applicant file with the City Recorder an agreement to participate in a local improvement district to improve the frontage road. w ' i r 1 t , , , . 1 ft h • STAFF REPORT Agenda 5. 3 Tigard Planning Commission September 7, 1976 . Twality Jr. High - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: V 8-76 REQUEST: A variance to Section 18.52.040 (2) of the Tigard Municipal Code (TMC) reducing the sideyard setback from 50 ' adjacent a residential zone to 30 ' in an M-4, "Industrial Park" zone. LOCATION: Southwest corner of S.W. Grant Avenue and S .W. Tigard ill Street (Wash . Co. Tax. Map 2S1 2BA, Tax Lot 800) . APPLICANT: Victor Seeber I . BASIC FACTS 1 . The site is designated "Industrial" on the Neighborhood Plan II and zoned "M-4, Industrial. Park" . 2. Section 18. 52.040 (2) of the TMC states "The side yard set- back shall be twenty feet , except when abutting or across the street from a residential zone, a side yard setback of fifty feet shall be required. " 3. Section 18 .76.020 of the TMC states "No variance shall be granted by the planning commission unless it can be shown that all of the following conditions exist : (1) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in -the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control ; (2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity; (3) The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to in the zone or vicinity in which the [ property y property is located, or be otherwise detrimental to the objectives of any city development plan or policy; (4) The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship. " II . FINDINGS 1 . The applicant is requesting a variance to the side yard atiSP requirements of the M-4 zone. It 2. Tigard Street from Pacific Highway to Katherine Street is all designated "Industrial" on the Neighborhood Plan II STAFF RE PORT Agenda 5. 3 Tigard Planning Commission September 7, 1976 Page 2 4° and zoned M-4 except for three parcels immediately west of the site, which are zoned "R-7, Single Family Residential" . ` 3. The side yard in question abuts an existing old, well-kept residence which is about 15 ' from the property line . 4 . At the request of the property owner the City Council on 2/11/74 revoked an Industrial Park planned development (ZC 4-71) initially approved 9/13/71 , of which this site was to be Phase I . That planned development envisioned no side yard setback. 5 . On 3/21/72 the Planning Commission granted a similar variance request (V 2-72) to R. A. Gray Company reducing the setback to 25 ' for an almost identical situation at the Tigard Industrial Park. This was further relaxed on April 2, 1974, with the granting of a request (V 1-74) to reduce it the setback to 15 ' . 6 . The applicant has requested Design Review Board approval of +' a 10, 200 square foot warehouse building in accordance to the conditional use permit approved by the Planning Commission on 7/20/76 . During staff review it was discovered that after the dedications required from the right-of-way of S.W. Grant Avenue and the provision of the 20 ' of landscaping required !. in Section 18 . 58 .080 of the TMC, the 24 ' necessary for the °? driveway width is not available. 7 . The fact that the Neighborhood Plan shows the area for industrial uses but the fact that the zoning is still residential attests to the transitional nature of the land uses in this area. 8 . The Fanno Creek Flood Plain affects the building location . 9 . The 50 ' setback will automatically change to a 20 ' setback whenever zoning on the adjacent lot is changed from R-7. III . CONCLUSIONARY FINDINGS 1 . The lot is unique in that , i.+ A. It is a corner lot with two front yard setbacks. B. It abuts an arterial and a collector street which required additional right-of-way. P C. The Fanno Creek Flood Plain reduces the locational options. STAFF REPORT • Agenda 5 . 3 Tigard Planning Commission September 7, 1976 ' Page 3 D. The abutting zone is "R-7, Single Family" but shown on the Neighborhood Plan II as "Industrial" . 2. A variance was granted for a similar circumstance on the other side of the R-7 island. 3. Any impact to the adjacent parcel will be minimized by the existing vegetation and new landscaping shown on the site plan. 44t 4. The intent of the setback required by Section 18. 52.040 of the TMC can be maintained by additional landscaping. 5. The variance requested is the minimal necessary to provide sufficient parking and maneuvering space. F' 6. The 50 ' setback is temporary in nature. The hardship being created by its application is unnecessary and will be alleviated when the zone is changed on the adjacent parcel . { IV. STAFF RECOMMENDATION: �L. To be advised. is( f.. 9 . . . ! \ � , | STAFF REPORT Agenda 5. 3 Tigard Planning Commission September 7, 1976 . [ [ . Z STAFF RECOMMENDATION: Staff recommends approval as submitted. � \ ( [ [ [ � ( [ � � ( [ ; \ . [ � [ (. \ ) . \ � [ . . § ^ � ( � § ) �` § _ _ r^,', STAFF REPORT Agenda 5.4 Tigard Planning Commission September 7, 1976 Twality Junior High - Lecture Room 14650 SW 97th Avenue, Tigard, Oregon DOCKET: S 10-76 REQUEST: To create a six lot commercial subdivision. LOCATION: Northeast corner of S.W. Scoffins Street and S .W. Main Street . APPLICANT: Payless I . BASIC FACTS �I 1 . The site is designated "Retail Commercial" on the Neighborhood Plan I and zoned "C-3M, Main Street General Commercial , Planned Development" . 2. The City Council approved the planned development zone change (ZC 14-75) in November 1975 . fl, II . FINDINGS si 1 . The applicant is requesting to re-subdivide five lots in accordance with the lotting pattern depicted on the approved site plan. 2. Section 18. 30 of the Tigard Municipal Code specifies the II minimum lot size to be 6, 000 square feet with a minimum 60 ' lot width. The proposed lotting pattern does not create any parcel smaller than that called for in Section 18. 30,030 of the Tigard Municipal Code. 3. There is an 8" sanitary sewer in both S .W. Main Street and S.W. Scoffins Street . There is a 12" water main adjacent the site. These are adequate to serve the site. 4 . Access is to be provided through five entrances and the "I joint use of driveways and parking. Section 18.64 .010 (3) a provides for such use by filing the easement agreements with the City Recorder. III . CONCLUSIONARY FINDINGS �. 1 . The proposed subdivision conforms to the Neighborhood Plan I and Section 18. 30 of the Tigard Municipal Code. 2. Adequate water and sewer facilities are available to serve the site. 3. The proposed lotting pattern conforms to the site plan approved as exhibit "B" of Ordinance 75-48 . • r STAFF REPORT F,. Agenda 5.4 Tigard Planning Commission September 7, 1976 • Page 2 IV. STAFF RECOMMENDATION To be advised. 3 1 i g, III W 4 } I s' i t f ti ar f° (1,,, (I 1 i 1 STAFF REPORT . Agenda 5.4 ! Tigard Planning Commission September 7, 1976 [ { STAFF RECOMMENDATION: [ Approval with the following condition : I [ ( 1 . Joint access and cross easements be filed with the City Recorder. , � � [ \ 1 ( / % § El I (\ \il ( § \ \ % C 2 \ � © . \ 1,' . � � \ \ . . . 1 / , E . . . . . . . . . R \ \, n \ . . . . % \ . . , \ ( r., \ � � � � � \ \ \ � � � � \ \ Liz: v '47iix• 7.i STAFF REPORT I:, Agenda 5. 5 r �(° Tigard Planning Commission � September 7, 1976 i''' Twality Junior High - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon .' {; { DOCKET: S 9-76 i REQUEST: To subdivide a 8 . 5 acre parcel into 36 lots of a minimum t,, 7, 500 square foot lot size in an R-7, Single Family Residential zone. LOCATION: West side of S .W. Hall Blvd. northwest of S .W. Bonita Road (Wash. Co . Tax Map 2S1 ilA, Tax Lots 1700, 1800) . ; r APPLICANT: Travport, Inc . "` I . BASIC FACTS: 1 . The site is designated "Urban Low Density Residential" on the Tigard Community Plan and zoned R-7, "Single Family `', Residential" . 2. S.W. Hall Blvd. is designated an arterial in the Tigard Community Plan. 3. Section 17.16.100 of the Tigard Municipal Code states that , .,F "No tentative plan for a proposed subdivision and no tentative plan for a major partition shall be approved unless : ,`: (1) Streets and roads are laid out so as to conform to the plats of subdivisions or maps of major parti- tions already approved for adjoining property as to width, general direction and in all other respects, unless the city determines it to be in the public interest to modify the street or road pattern; (2) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon; (3) The tentative plan complies with the comprehensive plan and applicable zoning regulations of the city then in effect; Hi (4) No tentative plat of a subdivision or map of a ,'9 major partition shall be approved unless there will exist adequate quantity and quality of water and an '` adequate sewage disposal system to support the proposed use of the land described in the proposed plat . 1 . •' . 4 . Section 17.28 . 150 allows the Planning Commission to require screen plantings in subdivisions which abut designated arterials. 'v a ' ,k STAFF REPORT ii Agenda 5.5 v' Tigard Planning Commission September 7, 1976 ,> Page 2 II . FINDINGS ';' ?; 1 . The site presently has a farm house and outbuilding but f` primarily in agricultural use . 2 . The site 's, topography is generally flat and begins to rise on western edge. There is a densely vegetated ravine in front of the existing dwelling unit . t 3. The surrounding land use consists of two single family residences and the "Edgewood Manor" apartments (40 units) across Hall Blvd. to the east; a single family residence on a very large lot to the north; dense forest land and a t, single family residence on the west . 4 . S .W. Hall Blvd. (State Highway No. 217) is presently a 60 ' right-of-way on this site. Section 18 . 12 . 100 of the Tigard Municipal Code designates Hall Blvd. an arterial and Section ' 17.48 .040 of the Tigard Municipal Code requires an 80 ' t,;, right-of-way for arterials . The applicant proposes dedica- tion of 25 ' right-of-way. This is more than is needed for (' this facility whereas 10 ' is all that is necessary. The 10 ' t length of the parcel . M1. .` dedication should continue the ent ire en g 5 . The Tigard Area Comprehensive Pedestrian/Bicycle Pathway r`. Plan, adopted by Washington County and the Columbia Region Association of Governments and recognized by the Oregon Transportation Commission depicts a Class II Bikeway (adja- cent to the travel lane of motorized traffic, but provides a physically separated through land for bicycles and pedestrian) i; along the west side of Hall Blvd. No provision for this type • of facility or a sidewalk is shown on the proposed plat . ,' 6 . The Tigard Water District has notified the City that a 6" water main is available on the west side of Hall. Blvd. and a 16" main on the east side. With the proximity of the two �> water mains adequate water service is available to serve the proposal . yy?+. 7. There is a sewer line on the site which can serve the entire ', subdivision by gravity flow. The 15 ' sewer easement between ! lots 30 and 31 is adequate to serve the connection to the k sewer main . k, 8. The preliminary plan shows S .W. Inez Street to continue through the subdivision. This appears to be a logical , extension of the local street system in this area. , , 1 L 1 .,. . y • STAFF REPORT Agenda 5.5 Tigard Planning Commission September 7, 1976 Page 3 9. Lots 33, 34, and 35 are double frontage lots . Section 17. 36 .030 of the Tigard Municipal Code discourages such lots except when necessary to provide separation of residential development from traffic arteries. Since Hall Blvd. is an arterial the proposal to create double frontage lots with access onto the interior street is more advantageous regarding traffic safety than creating three additional access drives onto an arterial . 10. There is an approximate 4 ' change of grade from the street to the existing elevation of the areas noted lot 1 , 33, 34 and 35 . This will provide a sound and visual buffer to the subdivision. The addition of groundcover on the bank and street trees or screen plantings adjacent the property line would enhance the site. 11 . The site is presently served by Tri-Met bus service. 12. Section 17.40.020 of the Tigard Municipal Code states, "Due consideration shall be given by the subdivider to the alloca- tion of suitable areas for schools, parks, and playgrounds to be dedicated for public use" . This has not been done in this case. No area is shown on the preliminary plan for 3 providing recreational opportunities on this site for future residents. III , CONCLUSIONARY FINDINGS 1 . The proposed preliminary plat of Greensward Park conforms to the Tigard Community Plan in that ; l; A. The proposed use is low density residential . B. Adequate right-of-way is being provided for bringing S.W. Hall Blvd. to arterial standards. C. Adequate water and sewer facilities are readily available to serve the proposed subdivision. ; 2. The proposed street system is designed and located in such i a manner as to be a logical extension of the existing city street system. E: STAFF REPORT Agenda 5.5 Tigard Planning Commission September 7, 1976 STAFF RECOMMENDATIONS : Staff recommends approval with the following conditions: 1 . A deed covenant be executed restricting access to lot 1 only be onto S.W. Greensward Lane and access to lots 33, 34, and 35 only onto S .W. 86th Avenue. 2. 10 ' along the entire length of the original parcels be dedicated for the future widening of S .W. Hall Blvd. 3. A class II bikepath/pedestrian way to state standards be constructed along the entire length of this parcel . 4. The existing 20 ' easement and along the north edge of lots 1 - 7 be vacated upon the development of the tax lots 1600 and 1900 to the west . 5 . Location of street lights and fire hydrants be approved by Director of Public Works prior to final plat approval . 6 . A Tri-Met approved bus shelter be constructed along S.W. Hall Blvd. 7. Street names to be approved by Director of Public Works . 8. Storm sewer and drainage system to be approved by Director of Public Works. 9 . 5 ' utility easements along all property lines . 10. Sidewalk to be located adjacent to the curb. 71 . Street trees, the type of which to be determined by staff :1 and applicant, be planted 35 ' -- 40 ' on center with the trunk center a minimum of lz ' from the inside of the sidewalk. I 12 . A 5 ' pedestrian easement and pathway be located between lots 7 and 8 to provide access toward the elementary and junior high school . f ; 'I STAFF REPORT Agenda 5.6 Tigard Planning Commission �~ w4 September 7, 1976 Twality Junior High - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: CU 25-76 REQUEST: To locate four duplexes in an R-7 zone. LOCATION: Northwest of the intersection of S .W. Hall Blvd. and S .W. Bonita Road. APPLICANT: Travport Inc . I . BASIC FACTS 1 . The site is designated "Urban Low Density Residential" and zoned "R-7, Single Family Residential" . 2 . Section 18.20.020 (1) of the Tigard Municipal Code allows duplexes in an R-7 zone on a 10,000 square foot lot . II . FINDINGS 1 . The applicant is requesting a conditional use permit to locate four duplexes on four 10,000 square foot lots adjacent to S.W. Hall Blvd. which are in the process of being created as part of the "Greensward Subdivision" . 7. 2. The proposed location for the duplexes is relatively flat and above grade from S .W. Hall Blvd. ?` 3. The surrounding land use is a single family residence to the south and one to the north; when fully developed there will be single family dwellings to the east; and there is a 46 unit apartment building across S .W. Hall Blvd. 4. Tri-Met provides bus service by the site. In order for mass transit to economically operate, the intensity of uses along the transit corridors should be higher than single family density. 5. The location of duplexes fronting the interior street with vegetative screening would a buffer between the g screening provide �'. future single family residences, Hall Blvd. and the apartments beyond. is 6. The specific site plans are subject to Design Review Board approval . V III . CONCLUSIONARY FINDINGS dr 1 . Duplexes in this subdivision conform to the density limita- tions of the "Urban Low Density Residential" designation of the Tigard Community Plan . r.! V • 77' r (tit, STAFF REPORT Agenda 5.6 Tigard Planning Commission September 7, 1976 Page 2 2. There is a public need to provide low cost housing and intensive uses along major transportation corridors. 3. This site is more appropriate than other sites because it ( abuts an arterial and will provide a buffer to the future \ single family residences within the subdivision . , \ IV. STAFF RECOMMENDATIONS To be advised. � \ C� \ . \ , H . \ . . \ ^ \ ( ( \ ^ ( STAFF REPORT Agenda 5.6 Fi-, Tigard Planning Commission September 7, 1976 STAFF RECOMMENDATION: Approval as submitted. 1 k STAFF REPORT Agenda 5. 7 Tigard Planning Commission 4 September 7, 1976-7: 30 P.M. VI Twality Junior High School - Lecture Room 14650 SW 97th Avenue, Tigard, Oregon DOCKET: MLP 7-76 REQUEST: To partition a .65 acre parcel into two 10,000 square foot + lots in an R-7 zone. LOCATION: S. W. Grant Street southwest of S.W. Johnson Street (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) APPLICANT: Wayne Russell I . BASIC FACTS 1 . The site is designated "Urban Low Density Residential- Duplex" on the Neighborhood Plan II and zoned "R-7, Single Family Residential" . 2. Section 17. 24 .030 of the Tigard Municipal Code authorizes the Planning Commission to approve requests for minor land partitions if the proposal conforms to the comprehensive plan . I II . FINDINGS 1 . The applicant requests to create two 10,000 square foot plus lots out of a .65 acre parcel . 2. Tax lot 1800 was initially created illegally. When informed of the violation of the Tigard subdivision regulations, the property owner petitioned the planning commission for approval , (MLP 1-74 . This was I' ( ) granted with the following conditions, "1 . That the property owner(s) cause any lot on the pro- r posed partition to have a minimum 7500 square foot lot size. 2. That the property owner dedicate an additional 5 ' of +} right-of-way parallel to, and for the future improvement of S.W. Grant St . 3. That the lot be properly surveyed . 4. An easement be recorded guaranteeing access to the rear 1 portion of the parcel, said easement to be approved by the City Attorney . " Neither condition 2 or 4 have been satisfied. IV. STAFF RECOMMENDATION To be advised. t , lk y7)) C • 4 STAFF REPORT . Agenda 5. 7 Tigard Planning Commission September 7, 1976 STAFF RECOMMENDATION Denial based on failure to comply with conditions of previous partitioning activity and the proposal creates inadequate access for the proposed uses. ir mr Plkik 7 • STAFF REPORT Agenda 5.8 and 5 .9 Tigard Planning Commission September 7, 1976 - 7: 30 P.M. Twality Junior High - Lecture Room 14650 S.W. 97th - Tigard, Oregon DOCKET: Cu 26-76 and V 9-76 REQUEST: To locate two duplexes in a R-7, Single Family zone and a variance to Section 18 .64.020 of the Tigard Municipal Code reducing the minimum width required for vehicular access for four units. LOCATION: On S.W. Grant Street southwest of S.W. Johnson Street (Wash. Co. Tax Map 2S1 2BB, Tax Lot 1801) . APPLICANT: Wayne Russell I . BASIC FACTS 1 . The site is designated "Urban Low Density Residential-Duplex" on the Neighborhood Plan II and zoned "R-7, Single Family Residential" . 2. Section 18.20.020 of the Tigard Municipal Code authorizes the Planning Commission to allow duplexes in a R-7 zone if the minimum lot size of 10,000 square feet . 3. Section 18.64.020 of the Tigard Municipal Code establishes the minimum vehicular access width to be 30 ' when serving three to five dwelling units . 4. Section 18.76.020 of the Tigard Municipal Code states , "No variance shall be granted by the planning commission unless it can be shown that all of the following conditions exist : ( 1) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circum- stances over which the applicant has no control ; (2) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity; ( 3) The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development plan or policy; IL (4) The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship. STAFF REPORT Agenda 5.8 and 5.9 Tigard Planning Commission September 7, 1976 Page 2 II . FINDINGS 1 . The applicant is requesting to locate two duplexes on a 6.5 acre parcel , the partitioning into lots larger than 10,000 square feet was considered by the Planning Commission earlier in the agenda and a variance to the minimum vehicular access width of 30 ' . 2. The site is presently primarily vacant with one existing building on the site which appears to have been used for storage in the past . 3. The surrounding land use is a single family dwelling between the existing building and S.W. Grant, vacant lot to the south, single family dwellings to the west and Tigard Oil Company to the north. 4 . The site is relatively flat with a change of grade between the panhandle portion of the lot and the larger portion in the back. There is a retaining wall between the Tigard Oil Company and the parcel which also inhibits the paving width on this property. 5. If the partitioning under review on the same agenda is approved as proposed, each lot will contain over 10,000 square feet . 6. The Neighborhood Plan II recognizes this area for duplex- residential development with the intent to buffer the single family residential zone to the rear. 7. The applicant has stated and shown on the site plan that a 10 ' access easement is available for their use on the adjacent parcel which contains a single family residence. Exercising this easement will bring the driveway against the foundation of the house on the adjacent lot . 8 . The easement mentioned in the previous finding provides this lot with 29 ' of vehicular access whereas Section 18.64.020 requires 30 ' of access with 80% (24 ' ) of that access width be paved. 9. There is a ponderosa pine tree located 7 ' from the north pro- perty line at the intersection of driveway and. S .W. Grant . This tree is 7 ' from the property line thus reducing the driveway paved width to 22 ' , 2' less than that called for by the code. • • STAFF REPORT Agenda 5.8 and 5.9 Tigard Planning Commission September 7, 1976 Page 3 III CONCLUSIONARY• FINDINGS 1 . Although the duplex proposal is compatible with the future development of this area as stated in the Neighborhood Plan II, the access for two duplexes with access onto S.W. Grant Street are detrimental to the adjacent single family residence. IV. STAFF RECOMMENDATION To be advised. l rtl f Vti M �f G { o STAFF REPORT Agenda 5.8 and 5.9 4., Tigard Planning Commission September 7, 1976 STAFF RECOMMENDATION: 1 . Approval of a conditional use permit for converting the existing building to a duplex and aggregating the remainder of the parcel with adjoining parcels for development with better access. 2. Denial of the variance in that, any hardship has been self created by the previous partitioning of the owner; it is notnecessar.y for the preservation of a property right sub- stantially the same as posessed by other properties in the same zone or vicinity and it is injurious to the adjacent single family residence. C