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Planning Commission Packet - 12/21/1976 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. • AGENDA TIGARD PLANNING COMMISSION December 21 , 1976 -- 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 1 . CALL TO ORDER: 2 . ROLL CALL: 3. APPROVAL OF MINUTES: 4. COMMUNICATIONS : 4 . 1 Request by Southwest Metro Chamber of Commerce to pro- ., vide assistance in revising the Tigard Sign Code. 5 . PUBLIC HEARINGS : 5 .1 COMPREHENSIVE PLAN REVISION 1-76 (Empkie) NPO II A request by Robert Empkie to amend Neighborhood Plan II as it applied to a one acre parcel on S .W. 98th Avenue south of S .W . Greenburg Road to change it from "Urban Low Density Residential" (single family 4 dwelling units/ AC) to "Urban Medium Density Residential" (12 dwelling units/acre) . (Wash. Co . Tax Map 1S1 35CD, Tax Lot 1600) . 5.2 CONDITIONAL USE CU 34-76 (Manning) A request by Bill Manning for a conditional use permit to allow outside storage in a C-4 (neighborhood commer- cial) zone at 14030 S .W. Pacific Highway . (Wash. Co . Tax Map 2S1 10A, Tax Lot 201) . 5 .3 CONDITIONAL USE CU 32-76 (Western Oregon Marine Inc) NPO I A request by Western Oregon Marine, Inc . for a condi- tional use permit to allow water recreation Et. tire sales facility and coinciding outside storage in a C-3 (general commercial) zone at 13900 S .W . Pacific Highway . (Wash . Co . Tax Map 2S1 3DD, Tax Lot 1201). 6. SUBDIVISION 6.1 MINOR LAND PARTITION MLP 12-76 NPO II • } A request by Jim Aitkin to partition a .89 acre parcel .{ into two lots on S .W. Johnson Street, east of S .W. Brookside Avenue. (Wash . Co . Tax Map 2S]., 2BB, Tax Lot 1300) . 6.2 MINOR LAND PARTITION MLP 13-76 NPO IV fell A request by Sabre Construction to partition a 3. 08 ; acre parcel into three lots on S .W. Landmark Lane, r' west of S .W. 72nd Avenue. (Wash . Co. Tax Map 2S1 12A, Tax Lot 600) AGENDA TIGARD PLANNING COMMISSION December 21 , 1976 ~` 2 7. MISCELLANEOUS : 7.1 SIGN CODE APPEAL SCA 10-76 (Mobil) A request by Mobil Oil Corp. for a variance to the sign code 16 .36.040 to allow two 4 ' x 4 '6" signs on an existing light pole in a C-3 (general commercial) zone at 11440 S .W. Pacific Highway. (Wash . Co . Tax Map 1S1 36AD, Tax Lot 6400) . 7.2 SIGN CODE APPEAL SCA 11-76 (Pounder) A request by S . J. Pounder Realty for a variance to the sign code (16. 36 .040) to allow an additional free standing sign in a C-3 (general commercial) at 11999 S.W. Pacific. (Wash . Co . Tax Map 1S1 35DD, Tax Lot 5103) . 8. OTHER BUSINESS : 9. ADJOURNMENT: ir! t ir Fri 1) MINUTES G. TIGARD PLANNING COMMISSION December 21, 1976 - 7:30 P.M. Twality Junior High - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 1. CALL TO ORDER: Meeting was called to order at 7: 30 P.M. by Chairman Popp . 2. ROLL CALL: Present : Sakata, Goldbach, Wood, Popp, Phillips , Nicoli, and Tepedino Excused Absences : Moore, Krause (Note : Mr. Tepedino arrived later in the meeting. ) €; Staff: Daniels, Edwards ri 3. MINUTES : Minutes of 12-7-76 approved as read. 4. COMMUNICATIONS: o Staff announced that agenda item 5. 1 had been withdrawn by the applicant . o Staff presented a letter from Tigard Public Schools, District 23j on future school capacity. FJ.. 4. 1 Request by Southwest Metro Chamber of Commerce to provide assistance in revising the Tigard Sign Code. 0; o Jerry Scott , Sign Craft, presented a memo on the formation of a Blue Ribbon Committee for review of the sign code. o Tony McCasline, Bill Nettleton, Hobart Vermilye, and Gary Christenson stated that the sign code restricted ..' business competition and should be re-examined. Popp moved and Goldbach seconded to authorize formation of the committee to review the entire sign code which ' would be given a maximum of six months for completion, and would present recommendation for revision of each 1 section as completed. The first report would be due on 3-1-77 on free standing signs . The chairman of Planning Commission would make appointments to that committee. 4.2 o John Laws, staff member, presented the ordinance and explained its intent . r4 o Discussion on conflict of interest, family clause, and the business resident portion . Wood moved and Goldbach seconded that the resolution be adopted with the exclusion of "and no NPO resident be I, eligible for nomination as a business representative on ,,,, the NPO. 'i' h c't h UISPLANNING COMMISSION („ December 21 , 1976 Page 2 The motion was defeated in a 2-4 vote. Popp, Sakata, Phillips, Nicoli dissenting. !, Phillips moved and Popp seconded to adopt the resolution ) adding the family relationship clause to the second por- tion. The motion was defeated in a 1-5 vote with Sakata, Phillips, Nicoli, Wood, Goldbach dissenting . Chairman Popp directed that the resolution be forwarded to City Council with no recommendation. 5. PUBLIC HEARINGS : o Staff announced item 5.1 had been withdrawn by the applicant . 5.2 CONDITIONAL USE CU 34-76 (Manning) A request by Bill Manning for a conditional use permit to allow outside storage in a C-4 (neighborhood commercial) zone at 14030 S .W. Pacific Highway. (Wash. Co . Tax Map 2S1 10A, Tax Lot 201) . A. Staff Report : Read by Daniels . o Staff entered into the record a letter from R. Adams, adjoining land owner . B. Applicant 's Presentation : o Bill Manning, applicant, asked for a continuance until he could better state his case . C. Public Testimony: None D. Staff Recommendation : Staff recommended denial on the proposal . E . Commission Discussion: 1 Phillips moved and Nicoli seconded to allow a continuance on the item to be heard again at the January 4th meet- ing. The motion was approved by unanimous voice vote. 5. 3 CONDITIONAL USE CU 32-76 (Western Oregon Marine Inc) NPO I ` 1 A request by Western Oregon Marine, Inc. for a conditional , use permit to allow water recreation and tire sales faci- lity and coinciding outside storage in a C-3 (general 7 commercial) zone at 13900 S.W. Pacific Highway. (Wash. Co . Tax Map 281 3DD, Tax Lot 1201) . 1° MINUTES TIGARD PLANNING COMMISSION December 21, 1976 Page 3 A. Staff Report : Read by Daniels . B. Applicant 's Presentation : Jim Roundtree stated the need for facility in Tigard area, a landscape plan would be presented for Design Review, and perimeter fence would be sight obscuring only on a portion of the site. Roundtree stated a sight obscuring fence would block the building from Pacific Highway. C. Staff Recommendation : Staff recommends approval with the following conditions : 1 . The existing building be brought into conformance with the Uniform Building Code. 2 . The site be brought into conformance with the pre- sent zoning code specifically the landscape re- quirements. ' 3. The adjacent residences be screened and buffered from the uses . 4. All outside storage be completely screened and no higher than l ' above the screening. 5. A landscape plan and signing program be submitted for Design Review Board approval . 6. Any lighting for the storage area be directed away from the adjacent residences with no light scatter beyond the property lines. 7. Landscape outdoor display area along Pacific Highway be eliminated. 8. Sidewalks be provided along S .W. Pacific Highway and curb side improvements along S .W. McDonald St . Rebuttal : o Roundtree protested sight obscuring fence and the j elimination of the outdoor display area stating that boats should be visible from the highway to attract ,, customers . o Wood stated that display of boats would be in conflict Lt with the intent of the sign code. o Roundtree stated that the tire store would be on the order of Firestone and Goodyear. MINUTES TIGARD PLANNING COMMISSION December 21 , 1976 Page 4 Goldbach moved and Popp seconded to approve the proposal based on the staff findings and with the staff recommenda- tions 1-8 . The motion was approved with Sakata and Phillips abstaining. 6. SUBDIVISION: 6 .1 MINOR LAND PARTITION MLP 12-76 NPO II 4, A request by Jim Aitkin to partition a .89 acre parcel into two lots on S .W. Johnson Street, east of S.W. Brook- side Avenue. (Wash. Co . Tax Map 281 2BB, Tax Lot 1300) . o Staff clarified that the proposal was to partition the property into three lots. A. Staff Report : Read by Daniels. B. Applicant 's Presentation: o Jeff Tolman, applicant, stated his intent to move a house onto the property and not hinder the future k' development of land to the side and back. �. ti C. Public Testimony : None D. Staff Recommendation: t Staff recommends approval with the following conditions : 1 . 5' along S.W. Johnson be dedicated for street `! purposes . Y, } 2. An agreement to participate in the improvement be filed with the City Recorder. o Wood informed the Commission that the three lot pattern would be in conflict with the minimum lot != size requirements. o Staff proposed a two lot partition as an alternative. Sakata moved and Goldbach seconded to approve Exhibit t' "A" (two lot pattern) with the staff recommendations. Motion was approved by unanimous voice vote. 6.2 MINOR LAND PARTITION MLP 13-76 NPO IV qr A request by Sabre Construction to partition a 3.08 acre } parcLi into three lots on S.W. Landmark Lane, west of S .W. 72nd Avenue. (Wash. Co. Tax Map 2S1 12A, Tax Lot 600) . MINUTES PLANNING COMMISSION December 21, 1976 Page 5 A. Staff Report : Read by Daniels . B. Applicant ' s Presentation: Mike McGee, Sabre Construction, explained the purpose of the partitioning. C. Public Testimony: None D. Staff Recommendation : Staff recommends approval as submitted with the following conditions: 1. All access be on S .W. Landmark Lane. 2. No building permits for the three newly created lots be issued until prior Planning Commission conditions have been satisfied. E. Commission Discussion: Phillips moved and Sakata seconded to approve the ( proposal with the staff recommendations . The motion was approved by unanimous voice vote. 7. MISCELLANEOUS : 7.1 SIGN CODE APPEAL SCA 10-76 (Mobil) A request by Mobil Oil Corp. for a variance to the sign code 16.36. 040 to allow two 4' x 4' 6" signs on an existing light pole in a C-3 (general commercial) zone at 11440 S .W. Pacific Highway. (Wash. Co. Tax Map 1#1 36AD, Tax Lot 6400) . A. Staff Report : Read by Edwards. Wood questioned what qualifies as free standing sign. Edwards explained free standing, incidental signs . B. Applicant' s Presentation: R. J. Doughty, Mobil Oil , explained proposal , need to compete with other service stations, and need to advertise price and payment method. o Christensen, District Manager, explained the past inability to maintain the station profitably. +¢¢ o Jerry Fuller, station manager, stated that business had increased 200% as a result of price sign. ------ , , MINUTES TIGARD PLANNING COMMISSION December 21 , 1976 WiL Page 6 D. Staff Recommendation : Staff recommends denial based on the fact the applicant does not comply with the Tigard Community Plan . E. Commission Discussion : Discussion on the possibility that one of the two signs would be under a grandfather clause. o Staff informed the Commission that the applicant was proposing an entirely new sign. Phillips moved and Nicoll seconded to deny the pro- posal based on the staff findings . The motion was approved by unanimous voice vote. 7.2 SIGN CODE APPEAL SCA 11-76 (Pounder) 1 i A request by S . J. Pounder Realty for a variance to the , sign code (16. 36.040) to allow an additional free standing i sign in a C-3 (general commercial) at 11999 S .W. Pacific Highway. (Wash. Co. Tax Map 1S1 35 DD, Tax Lot 5103) . i A. Staff Report : Read by Edwards. B. Applicant 's Presentation : , , Larry Bissett explained the background of the project , and that no landscaping would be removed to accomodate `1 the sign . l' C. Public Testimony: None. , , D. Staff Recommendation : 'I I Staff recommends denial based on the fact that the code has provided for sufficient sign identification . ' E. Commission Discussion : H ,) il o Tepedino would approve of the low signing technique. L , i .. i o Nicoll stated the low profile would be compatible to other sign. o Phillips recommended approval of the variance if it ,J would run with this particular tenant and be less 1, than allowable sign area for the site. ' , Wood moved and Phillips seconded to grant a variance 1-1 based on the finding that : ri , ) [. , MINUTES n TIGARD PLANNING COMMAJLION 4` December 21 , 1976 Page 7 €, - literal interpretation of the code would place undue aesthetic hardship to the building - literal interpretation would be inconsistent with the intent of improving the signing appearance on Pacific Highway - with condition that 1 . sign be removed upon full leasing of the building by one tenant F.: 2. sign be similar in size and style to the O.B. sign as shown in Exhib it "A" . 11v�q f , Ci UTILITY EQUIPMENT (Tabled from la st meeting) A. Staff Report : Read by Daniels. B. Applicant 's Presentation : Herring, applicant , stated that the parcel was 8. 5 acres under one ownership, separated parcel into two parcels as a tax incentive, and they intended to develop undeveloped parcel at which time it was sold. o Woods asked would applicant have objection to dedication of private road at which time parcel 2 was sold? ; d o Applicant replied that it could be done at time , of sale . C. Public Testimony: None. D. Staff Recommendation : Staff recommends approval with the following conditions : 1 . That the private road presently referred to as S.W. 77th Place be dedicated and improved to , ' City standards with the addition of a cul-de-sac. This road to be extended if the development of f; Parcel II warrants it . 2. Access for Parcels II and III be allowed only on ( ` S .W. 77th Place. 3. Parcels I and III share one free standing sign ` 0 with one format on S .W. Hunziker (subject to Design Review Board approval) . 4 . That a preliminary plat be submitted for Planning Commission approval according to Section 17.24.030. • MINUTE TIGARD PLANNING COMMISSION December 21, 1976 r` Page 8 o Applicant questioned the requirement (staff) that the private road be dedicated at this time. E . Commiss '_on Discussion: Woods recommended that the private road be dedicated at which time parcels are sold or leased. o Herring stated that problem of dedication of the private road until sale of one of those two parcels. Phillips moved and Nicoll seconded to split the parcel into three lots with the conditions of 1. dedication of 77th, upon the sale, lease or development of any one of the three lots and access will not be permitted other than thru S .W. 77th Place and staff recommendation #3. Goldbach asked why there was a need for the lease to be tied up with the partitioning request? Sakata recommended that this time be tabled for further (_ consideration. Phillips withdrew his motion. Wood moved and Goldbach seconded to approve the pro- posal with the condition that if parcel is sold or leased without provision for adequate access, S .W. 77th Place must be dedicated to the City, and staff recommendations 2 and 3. pp •� Q ri5 a U. rte. +:,,/} 'V,. '� n \ 1 l 5E. ♦. 4. k, r, A i\ .+w L4 t V4 1 c 0 ',i 4 �' J 8 . OTHER BUSINESS : o Discussion on memo from School Board 9. ADJOURNMENT: There being no other business the meeting was adjourned at 11 :45 P.M. jr NOTICE OF PUBLIC HEARINGS TIGARD PLANNING COMMISSION December 21 , 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon 5 . PUBLIC HEARINGS 5.1 COMPREHENSIVE PLAN REVISISION 1-76 (Empkie) NPO II A request by Robert Empkie to amend Neighborhood Plan II as it applied to a one acre parcel on S .W. 98th Avenue south of S .W. Greenburg Road to change it from "Urban Low Density Residential" (single family 4 dwelling units/AC) to "Urban Medium Density Residential" (12 dwelling units/acre) . (Wash. Co . Tax Map 1S1 35CD, Tax Lot 1600) . 5. 2 CONDITIONAL USE CU 34-76 (Manning) NPO VI A request by Bill Manning for a conditional use permit to allow outside storage in a C-4 (neighborhood commercial zone) at 14030 S .W. Pacific Highway. (Wash. Co . Tax Map 2S1 10A, Tax Lot 201) . 5. 3 CONDITIONAL USE CU 32-76 (Western Oregon Marine Inc) NPO I A request by Western Oregon Marine, Inc. for a condi- tional use permit to allow a water recreation sales facility and coinciding outside storage in a C-3 (general commercial) zone at 13900 S .W. Pacific Highway. (Wash. Co . Tax Map 2S1 3DD, Tax Lot 1201) . 6 . SUBDIVISION 6. 1 MINOR LAND PARTITION MLP 12-76 NPO II A request by Jim Aitkin to partition a .89 acre parcel into two lots on S .W. Johnson Street, east of S .W. Brookside Avenue . (Wash. Co . Tax Map 2S1 2BB, Tax Lot 1300) . 7. MISCELLANEOUS : 7.1 SIGN CODE APPEAL SCA 10-76 (Mobil) A request by Mobil Oil Corp. for a variance to the sign code 16.36.040 to allow two 4 ' x 4 '6" signs on . an existing light pole in a C-3 (general commercial) zone at 11440 S .W. Pacific Highway. (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6400) . 7.2 SIGN CODE APPEAL SCA 11-76 (Pounder) A request by S . J. Pounder Realty for a variance to the sign code (16. 36.040) to allow an additional freestanding sign in a C-3 (general commercial) at 11999 S .W. Pacific. (Wash. Co . Tax Map 1S1 35DD, Tax Lot 55103: . All persons having an interest in any of the hearing matters are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. fi YI NOTICE OF PUBLIC HEARINGS TIGARD PLANNING COMMISSION December 21, 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon 5. PUBLIC HEARINGS : 5.1 COMPREHENSIVE PLAN REVISION 1-76 (Emkie) NPO II A request by Robert Emkie to amend Neighborhood Plan II as it applied to a one acre parcel on S .W. 98th Avenue south of S .W. Greenburg Road to change it from "Urban Low Density Residential" (single family 4 dwelling units/ AC) to "Urban Medium Density Residential" (12 dwelling units/acre) . (Wash. Co . Tax Map 1S1 35CD, Tax Lot 1600) . All persons having an interest in any of the hearing matters are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. { STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION DECEMBER 21, 1976 - 7:30 P.M. TWALITY JUNIOR HIGH - LECTURE ROOM 14650 S.W. 97TH AVENUE, TIGARD, OREGON DOCKET: Conditional Use - CU 34-76 REQUEST: A request by Bill Manning for a conditional use permit to allow outside storage in a C-4 (Neighborhood Commercial) zone at 14030 SW Pacific Highway. (Union 76 Station, Wash. Co. Tax Map 2S1 10A, Tax Lot 201). I. BASIC FACTS: 1. In all commercial zones, any business, service, processing or storage not conducted entirely within an enclosed building requires a conditional use permit. 2. The subject property is zoned C-4, Neighborhood Commercial, and a service station is a conditional use, provided that only incidental repairing of automobiles is involved. 3. The abutting property to the south is having a professional office building constructed on it, to the east is a 7-11 store and across McDonald Street an Exxon Station. II. FINDINGS: 1. The Tigard Community Plan makes the following policy statement relative to highway commercial development; "establish high design standards for signing and appearance including the landscaping of setback areas and the designation of access points." (p. 27) 2. Staff interpretes the aesthetic objectives of the Community Plan to be a discouragement to the outdoor display of materials which most appropriately should be displayed indoors. For example auto accessories, appliances and sporting goods as opposed to automobiles, trailers and nursery stock: 3. The outdoor display of tires appears to be a form of advertising (such as a sign) rather than an attempt to make a product visible. Actually all tires look alike anyway, especially when viewed from a 45 MPH highway. The intent therefore is to make the public aware that tires are sold on the premises rather than make each and every tire available for view. In fact, it is interesting that tire stores which make this product their sole business seldom have outdoor displays. 4. Past Planning Commission decisions regarding outdoor storage indicate a policy of requiring screening or landscaping of storage areas, when they are found to be an essential aspect of a business. 5. The applicant claims that his tires will not fit into his shop area. However, tires can be stored in racks above the working level of the shop area (as many stations do) accessible for sale to customers. AMEMMEMMEN • • PAGE 2 ç AGENDA 5.2 STAFF REPORT DECEMBER 21, 1976 6. The neighborhood property owner to the south has contacted the City and voiced objection to the request. III. RECOMMENDATION: To be advised. • • l• `i• C 1:■ H . „. STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION December 21 , 1976 - 7:30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: CONDITIONAL USE CU 32-76 REQUEST: To locate a water recreational/Retail Boat Sales with outside storage and a tire sales. LOCATION: Northeast corner of S .W. McDonald St . and S .W . Pacific Highway (Wash. Co. Tax Map 2S1:_3DD, Tax Lot) APPLICANT: Western Oregon Marine / McDonald Pacific Investment Group I . BASIC FACTS : 1 . The site is designated "Retail Commercial" on the Neighborhood Plan I and zoned "C-3, General Commercial:' 2. Section 18.28.020 (S) (6) and (34) of the Tigard Municipal Code provides for "Automobile, boat and trailer sales, repairs, painting and upholstery as a conditional use in the C-3 zone . 3. Section 18 .12.080 of the Tigard Municipal Code states: "Enclosure or screening required. (a) Except as other- wise permitted under the conditional use provisions of this title, all business, service, repair, processing, storage, or merchandise display shall be conducted wholly within an enclosed building. (b) When permitted under the conditional use provisions of this title, all business, service, repair, processing, storage or merchandise display not conducted within an en- closed building may be required to be screened from the view of all adjacent properties by a fence obscuring the sight of normal adjacent pedestrian and vehicular traffic and/or by landscaping of such a height and density as may be prescribed by the planning commission. " II . FINDINGS : 1 . The applicant is requesting permission to locate a marine recreation equipment sales and repair, retail tire sales and outside storage. Page 2 Staff Report - Agenda 5. 3 Tigard Planning Commission 2) The site is an abandoned grocery store the parking lot of which is being used by the Oregon Department of Environmental ifQuality for vehicle emissions testing. 3) The site is surrounded by a single family residence to the east, A 7-11 market and two gas stations to the south, Pacific Highway and deteriorating residences and small commercial uses to the west . 4) The surrounding zoning is primarily commercial with the exception of the single family residential to the east . (see attached map) 5) The site was initially developed for a grocery under the preceeding city codes and as it exists has numerous deficiencies primarily regarding landscaping and screening. No provision for, landscaping is shown . Section 18 .58 .060(3) requires a minimum of the front 10 ' from the street right-of way . 6) A landscaped outdoor display area is shown near Pacific Highway. Whereas, a single display area is more attractive than a continual row of vehicles along the highway in a used car lot fashion, it is questionable as to whether it achieves the desired attractiveness of Pacific Highway as stated in the community goals of the Tigard Community Plan and Neighborhood Plan I . 7) Section 18 .60 .120 requires one parking space/1000 st . ft . of gross floor area for retail stores handling bulky merchandise. Tires and boats are bulky merchandise and with 20,800 sq. 4' ft . in the existing building and 4775 sq. ft . in the new building a total of 26 parking spaces are required. Seventy five are shown on the site plan. 8) The site plan shows a cyclone fence with slats is proposed for most of the perimeter of the site. The fence is shown to be on the property line. This will be unattractive with- out landscaping to soften the impact of the fence that close to the street . 9. The setbacks of 10 ' frontyard and 0 ' side yard except 10' when abutting a residential zone have been adhered to. 10. Very little information about a need for this type of use in the area and that this site is the best of those available and zoned has been submitted. No other boat sales and three tire stores are located in the Tigard area . 11 . A Conditional Use Permit was approved by the Planning Commission for a roller skating ring was approved January 20, 1076 with the following conditions: 1 . Applicant make a one-half street improvement on McDonald Street to collector street standards with street trees. • Page 3 kS, Agenda 5 . 3 Tigard Planning Commission Staff Report 2. There be one major in/out driveway access on each fronting street (however, not foreclosing the applicant "s right to plan for and develop additional access if made necessary by future development and it can be safely accomplished) . 3. No approach easterly of S.W. 105th on McDonald. 4. Landscape buffer and security fencing along side and rear lot lines and on McDonald easterly of the approved access. 5 . The applicant apply for a variance of the City parking standards. 6. Adequate security lighting of parking area be provided with no light scatter beyond property lines. 7. Sidewalks to be provided on S .W. Pacific Highway according to current code. 4- 8. That the applicant pursue the provision of those facilities ti necessary for bus loading and bus shelter with the State Highway Division and Tri-Met 12) S .W. McDonald Street is a designated collector street in the City of Tigard. Adequate Right-of-way exists due to a revious dedication along g the property line of the parcel however, the street is not improved to collector street standards. 13) Signing on a site with multiple tennants can be confusing and inequitable. IV Staff Recommendation }U. To be adivsed. rl Yi i:i Page 4 Agenda 5 . 3 IV. STAFF RECOMMENDATION: 1 '441,.,, Staff recommends approval with the following conditions : 1) The existing building be brought in to conformance with the Uniform Building Code. 2) The site be brought into conformance with the present zoning code specifically the landscape requirements. 3) The adjacent residences be screened and buffered from the uses. 4) All outside storage be completely screened and no higher than 1 1 ' above the screening. 5) A landscape plan and signing program be submitted for Design Review Board approval . 6) Any lighting for the storage area be directed away from the adjacent residences with no light scatter beyond the property lines. is tj 1,, ti LI ° 4 STAFF REPORT 1 AGENDA 6.1 -- TIGARD PLANNING COMMISSION December 21 , 1976 - 7: 30 P.M. Twality Junior High School - Lecture Room 14650 S .W. 97th Avenue - Tigard, Oregon DOCKET: MINOR LAND PARTITION MLP 12-76 REQUEST: To partition a .89 acre parcel into three lots . LOCATION: 9980 S .W. Johnson St . APPLICANT: Jim Aitkin I . BASIC FACTS : 1 . The site is designated "Urban Low Density Residential" on the Neighborhood Plan II and xoned "R-7, Single Family Residential . II . FINDINGS : 1 . The applicant is requesting to partition a .89 acre lot into three lots . 2. Each lot as proposed is greater than the minimum 7500 sq. ft . required in the R-7 Zone. 3. The site is presently occupied by a single family dwelling but primarily vacant . 4 . The Tigard Municipal Code required a driveway for two houses to be 20 ' with 16' paved. The lotting pattern provides for adequate access . 5. S .W. Johnson St . is designated a local street in the Neighborhood Plan II which requires a 50' right-of-way. S .W. Johnson 1 si presently a 40 ' right-of-way. 6. S .W. Johnson is in a deteriorating condition in a substandard condition . STAFF RECOMMENDATION: t ? 1 To be advised Page 2 Agenda 6. 1 4( Tigard Planning Commission STAFF RECOMMENDATION: Approval with the following conditions : 1 . 5 ' along S .W. Johnson be dedicated for street purposes. 2 . An agreement to participate in the improvement be filed with the City Recorder. 11-* 1 :I ,p :w STAFF REPORT AGENDA 6.2 TIGARD PLANNING COMMISSION DECEMBER 21, 1976 - 7:30 P.M. 447WALITY JUNIOR HIGH SCHOOL - LECTURE ROOM 14650 SW 97TH AVENUE - TIGARD, OREGON DOCKET: MINOR LAND PARTITION- MLP 13-76 REQUEST: To partition 3.08 acre parcel into three lots LOCATION: SW Landmark Lane, West of SW 72nd Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 600). APPLICANT: Sabre Construction Co. I. BASIC FACTS: 1. The site is zoned M-2 (General Industrial) and designated general industrial in the Tigard Community Plan. 2. The minimum lot area in a M-2 zone is 6,000 square feet with a minimum 60 foot lot width. II. FINDINGS: 1. The site is bordered by SW Landmark Lane and SW 72nd Avenue. SW 72nd Avenue is designated an arterial according to the Tigard Municipal Code. Therefore access should be located on local streets whenever possible. 2. The applicant is proposing partioning a 3.8 acre parcel into three lots roughly 46,730 square feet, 65,343 square feet and 21,200 square feet. These lots are in compliance with the minimum lot size for a M-2 zone. 3. On July 1, 1975, the Planning Commission approved a minor land partition for tax lot 600 dividing into 2 lots. This partitioning was never formally recorded. A condition of approval for this pprtitioning was that the remaining condition of Landmark Lane's major land partition be satisfied. 4. As of December 17, 1976, the following two conditions for a land partition approved July 2, 1974 remain to be satisfied: ° That the property owner(s) shall agree to participate in a local improvement district for the purpose of. improving SW 72nd Avenue to City Collector street standards and shall execute a recordable covenant herewith, ° That the property owner(s) shall dedicate sufficient land to allow a 500 foot radius curve for the future alignment of SW 72nd Avenue and that the value of property dedicated for said 72nd Avenue improvement to be applied as a credit to the property owner's participation in a local improvement district to improve 72nd Avenue. v RECOMMENDATION: { To be advised. ti PAGE 2 STAFF REPORT AGENDA 6.2 DECEMBER 21, 1976 `'Y III STAFF RECOMMENDATION: Staff recommends approval as submitted with the following conditions: 1. All access be on SW Landmark Lane. 2. No building permits for the 3 newly created lots be issued until prior Planning Commission conditions have been satisfied. 4 STAFF REPORT AGENDA 7.1 TIGARD PLANNING COMMISSION December 21, 1976 7:30 P.M. Twality Junior High School - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon DOCKET: SIGN CODE APPEAL SCA 10-76 (Mobil) REQUEST: For a variance to the Sign Code 16.36.040 to allow two 4' x 4'6" signs on an existing light pole. LOCATION: 11440 S.W. Pacific Highway (Wa. Co. Tax Map 1S1 36AD, tax lot 6400) APPLICANT: Mobil Oil Corp. I. BASIC FACTS: 1. The site is zoned C-3 (general commercial) and designated General Commercial on the Tigard Community Plan. 2. Under General Commercial in the Tigard Community Plan it proposes "limits on the size and number of signs and on their location" along S.W. Pacific Highway. In addition Policy #3 states "Establish high design standard for signing and appearance". 3. 16.36.040 (3) (A) Number permitted: "One multifaced free-standing sign designating the principle good, products, facilities or services in the premises shall be permitted on a street or highway frontage. Where a frontage exceeds three hundred feet in length, one additional free—standing sign is permitted for such frontage." 4. 16.34.020 Variance granting. "The Planning Commission may grant a variance from the provisions of this title based on findings that due to practical difficulties, undue hardships or inconsistencies with the objectives of this title, the street or literal interpretation and enforcement of a specific requirement hereunder should be waived or modified." 5. 16.08.130 "Free-standing sign" means a sign erected and mounted on a free standing frame, mast, or pole and not attached to any build- ing. II. FINDINGS: 1. The applicant is requesting an additional freestanding sign which would advertise gasoline price and "we honor" messages. The station currently has an existing freestanding sign advertising the name of the station, attached toLtbiss is a price sign. (see picture #3 in applicants submission). 2. The site has 162 feet of frontage along SW Pacific Highway and therefore does not qualify for a second freestanding sign. ` 1 PAGE 2 ,_ �''..1 AGENDA 7.1 PLANNING COMMISSION DECEMBER 21, 1976 3. The intent of the Tigard Community Plan to improve the visual environment and limit the number and size of signs along SW Pacific Highway would not be complied with if the sign code is relaxed. 4. There is no evidence to support the granting of a variance because of "practical difficulties, undue hardships or inconsistencies with the objectives of this title". 5. On August 17, 1976, the Planning Commission denied a similar request by Chevron Service Station for the reason that the proposed sign was intended to advertise products and prices rather than identify the business. III. RECOMMENDATION: To be advised. To be denied based on the fact the applicatian:1 does not comply with the Tigard Community Plan. fs. ir. }, A „'I } STAFF REPORT AGENDA 7. 2 TIGARD PLANNING COMMISSION ;: December 21 , 1976 - 7:30 P.M. Twality Junior High School - Lecture Room 14650 S.W. 97th Avenue - Tigard, Oregon DOCKET: SIGN CODE APPEAL SCA1.1-76 (Pounder) REQUEST: For variance to the Sign Code (16. 36.040) to allow an additional free-standing sign . LOCATION: 11999 S .W. Pacific (Wa. Co. Tax Map 1S1 35DD Tax Lot 5103) APPLICANT: S. J. Pounder Realty f I . BASIC FACTS : 1 . The site is zoned C-3 (general commercial) and designated commercial retail in Neighborhood Plan II . 2. 16. 36.040 ( 3) (A) Number permitted: "One multifaced free- standing sign . . shall be permitted on a street or highway frontage. Where a frontage exceeds three hundred feet in length, one additional free-standing sign is permitted for such frontage. " 3. 16 . 34 .020 Variance granting. "The Planning Commission may grant a variance from the provisions of this title based on findings that due to practicle difficulties, undue hard- ships or inconsistencies with the objectives of this title, h. the street or literal interpretation and enforcement of a specific requirement hereunder should be waived or modified. " II . FIND INGS: 1 . The site under consideration is occupied by the Oregon Bank Building. This building presently has space for an additional tenant . Pounder Realty is interested in leasing this space but because of a lease restriction no wall signs are permitted. Therefore, Pounder Realty is requesting a variance to the Sign Code to allow an additional free-standing sign in front of the Oregon Bank Building. 2. The site is bordered by S .W. Pacific Highway and Greenburg Road. Oregon Bank presently has one free-standing sign on Pacific and one on Greenburg Road. Both of these are under the sign area allowable. ti M Page 2 614-- AGENDA 7.2 lk TIGARD PLANNING COMMISSION 3. No evidence has been found to indicate "practicle difficulties, undue hardships on inconsistencies with the objectives of this title. " 4. The applicants sign identification problems can be resolved within the code by incorporating his sign with the existing sign and/or a wall sign. STAFF RECOMMENDATION: To be advised. kl ui t+; Page 3 Agenda 7.2 k. Staff Recommendation Staff recommends denial based on the fact that the code has provided for sufficient sign identification. 7i' 44 Tigard Public Schools, District 23% I ._ 1 u ? + Administration Office /�Y %J AA r ; 13137 S.W. Pacific Hwy. Ql T IGARv :16i ' Tigard, Oregon 97223 5 to v? z , Area Code (503)620-1620 Y December 9 , 1976 Planning Agencies This letter is in response to many requests concerning the impact of new homes in the school district. The school district has been notified from city and county planning offices of numerous housing developments within the school district. These are all in various stages of concepts, proposals, applications , zone changes, hearings, etc. Nonetheless, there are 800-1000 new residences being considered in the school district at this time. Many planning bodies have asked the school district questions concerning the impact of a given proposal on the area schools. The facts are that six Tigard elementary schools have a capacity of 2733 full time pupils, with 2747 full time pupils presently enrolled. There are 115 standard classrooms, and 8 non-standard classrooms, all but 2 in use at this time. Thus , the district elementary schools are operating very close to desired capacity at this time. The junior high schools have adequate capacity for over 200 more students. The senior high school is operating very close to capacity. Our priority concerns at this time are: present rapid growth in the , Tualatin School area, moving out of all non-standard classrooms, ,1 providing for continued growth in the C. F. Tigard area, and possibly locating the kindergarten classrooms in their proper area school, keeping classroom teacher/student ratio at reasonable levels, and ensuring economic and efficient transportation of all students. New dwellings are expected to affect the above concerns. We do have some limited space for student growth, but depending on location and family age structure, some classrooms and schools could soon be over their desired capacity. . sl.: Planning Agencies Page 2 December 9, 1976 The district plans to ask the voters for approval of a building levy in April, 1977. This levy, if successful, may provide additional classrooms by the fall or winter of 1978. The district is pleased to be a part of the planning of orderly growth in our community. If we can be of further help in supplying information, please contact us. Sincerely, TIGARD,SCHOOL DISTRICT 23J Delliert S. Fennell, Superintendent rb Copies: Washington County Planning Department City of Tigard - Planning Department City of Durham - Planning Department City of Tualatin - Planning Department Area CPO Groups Area NPO Groups Oregon Board of Education - Cliff Eberhardt• rr DRAFT COPY CITY Y OF T] G.ARD, OREGON RESOLUTION NO. 76_�� RESOLUTION OF THE TIG_:RD CITY ,COUNCIL AMIENDING RESOLUT]'ON ;:75-60 TO INCLUDE NEV RESTRICTIONS GOVERNING NPO MEMBERSHIP QUALIFICATIONS for conflict of interests by members of --zr� potential o . '�;,ti��EAS the }.o , publicly raised as a _ Organizations ,7as Leen } 5 .� rhood .,ei�_7uo - matter of 'public concern for the proper functioning of she Tigard Citizen Involvement Program; and V];ERRAS, the Committee for Citizen Involvement has recommended ' clarification of membership on ?GPO' s to avoid possible conflict of interest controversies, NOV, THEREFORE, BE IT RESOLVED by the City Council of the City of Tigard that : Resolution No. 75-60 , Section 3 ( a) is amended by addition of the following paragraph: In order to prevent conflict of interests that could compromise the ability of an NPO Member to represent the interest group he has been elected to serve , no person will be eligible for nomination as a resident representative on an NPO if he or his spouse, brother , sister , child, parent , father-in-1 aw, mother-in-law has a direct or substantial financial or employment interest in any business in the NPO area, and no NPO resident will be eligible for nomination - as a business representative on the NPO. On the date of enactment of this amendment , _._ _ ____.�_ presently seated NPO members are exempt from its provisions . PASSED: This day of _ , 1976 . Mayor - City of Tigard ATTEST: ; ecorder - City of Tigard Resolution No. 76- / i< CITY OF TIGARD, OREGON RESOLUTION No. 75- 1,0 RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING NEIGHBORHOOD PL,bN1NiNG ORGANIZATIONS, PRESCRIBING AUTHORITIES, _RESPONSIBILITIES AND MEMBERSHIP STRUCTURE. • WHEREAS, the Council is cognizant of the need to document and recognize the channels of communication which have been developed bet•,,cen the people of Tigard and City officials on matters affect- ' ing neighborhood livability and economic 'viability; and WHEREAS, the State of Oregon Land Conservation and Development Commission has mandated that cities develop a citizen involvement program ensuring the opportunity for citizens to become involved • in all phases of the land use planning process; and WHEREAS, the City instituted a citizen involvement program in March of 1973, and the experience gained from operating this program for the past 2i years now makes it possible to establish an official structure for the citizen involvement program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tigard that: Section 1: TITLE Neighborhood Planning Organizations are hereby officially recognized as the official citizen involvement structure as required under L.C .D.C. Goals and Guidelines to ensure citizen involvement in the Tigard Planning Program and all such past involvement is officially recognized as an integral part of the Tigard Planning Program and ,;;,i said previously-formed NPO' s are further ratified by this -resolution. Section 2: DEFINITIONS • N (a) "Neighborhood Planning P lanning Organization " (NPO) shall mean a group of people organized within the boun- daries of one neighborhood area for the purpose of considering and acting upon a broad range of issues affecting neighborhood livability. i (b) "City Agency" shall mean departments, offices, boards and commissions of the City. Section 3 : NEIGHBORHOOD PLANNING ORGANIZATIONS (a) Membership The membership of NPO' s shall be open to residents, property owners, business licensees and representatives of non-profit organizations 18 years and older located within the neighborhood boundaries. The initial. membership Of each NPO • . be formed by means of a.A, nformal neighborhood election where twelve (12) members be chosen. Candidates for membership will be provided. by means of a self-nominating process. The membership of each NPO shall be as nearly representative as possible of the major interest groups existing in the neighborhood. Prior to election of an NPO, the Committee for Citizen Involvement will be responsible for determining the interests existing in any given neighborhood and make a recommendation to the Planning Com- mission concerning the amount of representation that should be awarded each interest group in order to provide a fair and mer.ningful represent- ation of each group ' s interests on the NPO., The Pla_rrning Commission shall then hold a publiia hearing on the Committee for Citizen Involvement' s recom- mendation and subsequently recommend to the Council an NPO representative structure. The City Council shall then act on the recommendations of the Plan- ning Commission and Committee for Citizen Involve- ment, either accepting or modifying the proposed membership. In order that the NPO' s may maintain a membership .having a continuum of experience in dealing with land use planning issues in the ne7 ghborhood, it is intended that NPO members retain their positions for four (4) years after the original NPO has been formed by means of a neighborhood election. Resign-. ing members will be replaced by persons eligible for NPO membership who obtain a petition bearing the names of fifteen (15) persons also eligible for NPO membership. These petitions will be dated and certified by the City Recorder and placed on file. Petitions may not duplicate names placed upon any other petition currently on file. When a vacancy occurs on an NPO, replacement will be made by taking the petition bearing the earliest date of certification. Persons, having petitions on file with the City will be contacted in January of each year to ascertain if they shall continue to seek NPO membership. If not, their petition shall be removed from the file of current positions. A person replacing a resigning NPO member will complete the four year term of the person being replaced. At the completion of their first four year term, NPO members may renew their member- ship for one additional term only by obtaining the names of 15 eligible persons on a petition. NPO members choosing to renew their membership by obtaining the necessary fifteen (15) signatures (' will retain their position on the NPO, provided a `� petition is certified by the City Recorder within sixty (60) days following Lhe expiration of their (2) Resolution No. 75-in 1 4 • terms. Positions which become 'vacant .at the end of the four year term will be filled from the current list of persons who have filed certified petitions 'k with the City Recorder. As a condition of continued membership on the NPO's , each member shall not be absent for more than two (2) consecutive regularly convened r meetings, unless an approval for such absences for good and sufficient reason shall have been granted . i by the chairperson of the affected board or corn- v mission. Three (3) consecutive absences shall !1 automatically constitute forfei tu- e of membership unless such approval shall have been granted. 1, (b) Boundaries - The boundaries of the neighborhoods ;a have been previously defined by the Planning Com- mission and may be altered when agreed upon by one or more NPO' s affected. A map of these boundaries is available in City Ball. (c) Funding - The charging of dues or membership fees ,' shall not be required for membership or voting. The City will provide mailing services and the assistance of one planning department staff member. (d) Functions - A recognized IVPOShall have the follow- s. ing duties, responsibilities and opportunities : E , 1. To be involved in inventorying, recording, i mapping, describing, analyzing, and evaluating the elements necessary for the development of the plans. 't i. 2. To participate in developing a body of sound f. information to identify public goals, develop policy guidelines and evaluate alternative - 4 Land conservation and development plans for the preparation of the comprehensive land use plans. 3. To have the opportunity to review and recommend change to the proposed comprehensive land use plans prior to the public hearing process to adopt comprehensive land use plans. '4 4. To have the opportunity to recommend. an action, L. ` a policy or a comprehensive plan to the City f. and to any City agency on any matter affecting .�. the livability of the neighborhood, including, Pi,'' but not limited to, land use, zoning, housing,g, community facilities, human resources, social 1 and recreational programs, traffic and trans- portation, environmental quality, open space 411 and parks. 1, r 1A (3) x Resolution No. 75-1 I,;, 5.( To have the opportunity t(_ participate in the development, adoption and application of legis- lation that is needed to carry out a compreben- . sive land use plan. have proposal 6. To have ,the opportunity to review each p: p and application for a land use action prior to the formal consideration of such proposal and application. 7. To have 'the opportunity to be involved in the evaluation of the comprehensive land use plans. S. To have the opportunity to review and make recommendations on proposed changes in com- prehensive land use plans prior to the public hearing process to consider formally the pro- posed changes. • 9. To have the opportunity to assist City agencies - in determining priori ty needs for the neighbor- hood. 10. To have the opportunity' to review items for in- clusion in the City budget and make reco_rrmendations relating to budget items for neighborhood improve- ment. 11. To undertake to manage projects as may be agreed upon or` contracted with public agencies. 12. They shall be responsible for seeking the views of the •people„_affec ted by proposed policies or actions before adopting any recommendations. 13. Dissenting views on any issue considered by a Neighborhood Planning Organization shall be recorded and transmitted, along with any recom- mendations made by the association, at the request of the dissenting minority, to the City. Section 4: IVUTuAL RESPONSIBILITY (a) Notice and Public information 1. All NPO' s and City agencies shall undertake to notify affected persons, whether they be groups or individuals, of planning efforts as they are about to begin. 2. Notice of pending policy decisions affecting neighborhood livability and economic viability shall be given through distribution of all Planning Commission and City Council agendas to all NPO chairpersons. (4) Resolution No: -75-cb • , tt r _ 3. NPO's and City agencies shall abide by the laws regulating open meetings and open access to all information not protected by the right ght of personal privacy. (b) Planning 1. The NPO' s and City agencies shall include each other in all planning efforts which affect neighborhood livability and economic viability. 2. Comprehensive plans 'and amendments thereto recommended to the City or to a City agency by NPO's shall be the subject of a public hearing within a reasonable time. All compre- hensive plan action of the City Council shall be based upon findings of fact and such findings _ shall be transmitted to each NPO affected thereby. 3. City agencies and NPO's shall cooperate in seek- ing outside sources of funding for neighborhood projects. • PASSED: This /,2- day of ,.,;./let,- , 1975 • Mayor City of Tigarf ATTEST: NIP Recorder - City of 'Tiger. d (5) Resolution No. 75 MEMORANDUM TO: Planning Commission FROM: Planning Staff SUBJECT: Amend Resolution 75-60 (Establishment of Neighborhood Planning Organizations) as it pertains to NPO Membership. DATE: December 21, 1976 Earlier this year, a resident of NPO #5, lodged a complaint in regard to the membership representation on that respective NPO. The nature of the complaint centered around the question of whether or not specific members of NPO #5 were serving the constituency they were elected to serve. As a result of the alleged conflict, the matter came before the Committee for Citizen Involvement (CCI) at the request of the City Council. The City Council asked the CCI to review the matter and p rovide them with a recommendation. Since the issue that was discussed by the CCI was a very sensitive one evolving around potential conflict of interest by several of the NPO Members, the CCI took a long look at the record before they made their decision. As pointed out in a memo from staff to the CCI during the course of discussion, the essential question involved was, to what degree is a member elected to an NPO required to vote purely according to the interests of the persons that elected him, or according to his own assessment of the situation and then make a decision upon his own judgement? The end result of the CCI's deliberation on this question was a directive to staff and the NPO chairpersons to prepare for Planning Commission and City Council consideration a draft resolution clarifying membership qualifications on the NPO's to avoid possible conflict of interest. Attached you will find a draft resolution amending Resolution 75-60 creating a new section governing membership qualifications on the NPO M p , fh, -- ^fi x DRAF9 2OPY -,. i CITY OF TIGARD, ORS aJN (tp�, RESOLUTION NO. 76 } � ',.� ", 5 r-; RESOLUTION OF THE TIGARD CITY COUNCIL AMENDING RESOLUTION #75-60 w TO INCLUDE NEW RESTRICTIONS GOVERNING NPO MEMBERSHIP QUALIFICATIONS WHEREAS , the potential for conflict of interests by members of Neighborhood Planning Organizations has been publicly raised as a matter of public concern for the proper functioning of the Tigard Citizen Involvement Program; and WHEREAS, the Committee for Citizen Involvement has recommended clarification of membership on NPO's to avoid possible conflict of interest controversies, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tigard that : Resolution No . 75-60, Section 3 (a) is amended by addition of the following paragraph : In order to prevent conflict of interests that could compromise the ability of an NPO member to represent the interest group he has been elected to serve, no person will be eligible for nomina- tion as a resident representative on an NPO if he or his spouse, brother, sister, child, parent, father-in-law, mother-in-law has a direct or substantial financial or employment interest in any ,.., business in the NPO area, and no NPO resident will be eligible for nomination as a business representative on the NPO. On the date of enactment of this amendment , , presently seated NPO members are exempt from its provisions. PASSED: This day of , 1976. t I Mayor City of Ti_gard l 4 ATTEST: II Recorder - City of Tigard Resolution No . 76- i I k '=i I