Planning Commission Packet - 08/16/1977 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PLEASE NOTE: The original paper record has been archived and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.
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PLEASE NOTE: The original paper record has been archived and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
August 16, 1977 - 7:30 P.M.
Fowler Junior High School - Lecture Rouna
10865 S.W. Walnut Street - Tigard, Oregon
1 . CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF MINUTES:
4. COMMUNICATIONS:
5. PUBLIC HEARINGS:
5. 1 Zone Change ZC 30-77 (Waymire) NPO 5
A request by Kenneth L. Waymire for preliminary plan and
program review of a residential planned development (three
duplexes, one four-plea, and 33 single family units) in a
R-7 zone on a 9.85 acre parcel at 8065 S.W. Bonita Road
(Wash. Co. Tax Map 2S1 12B, Tax Lot 500)
5.2 Zone Change ZC 29-77 (Williams) NPO 7
A request by Henry B. Williams for a zone map amendment to
change the zoning designation from Washington County Zoning
"RU-4" to City of Tigard "R-7, Single Family Residential"
for a .95 acre parcel at 11000 S.W. 121st Avenue (Wash. Co.
Tax Map 1S1 34CA, Lot 600)
5.3 Conditional Use CU 20-77 (Williams) NPO 7
A request by Henry B. Williams for a conditional use permit
to locate duplexes in a "R-7, Single Family Residential" zone
at 11000 S.W. 121st Avenue (Wash. Co. Tax Map 1S1 34CA, Lot
600)
5.4 Conditional Use CU 21-77 (Losch) NPO 6
A request by Robert F. Losch for an expansion to a condi-
tional use permit for a nursin4 home in a A-2 (multi-family
zone) at 14145 S.W. 105th Avenue (Wash. Co. Tax Map 2S1 10A,
Lot 303)
5.5 Variance V 8-77 (Smith) NPO 3
A request by Douglas R. Smith for a variance to Section
17.44.040 of the Tigard Municipal Code (sidewalk require-
ments) on S.W. Watkins Place (Wash. Co. Tax Map 2S1 2BC,
Lots 2700, 2900, 3000, and 3100)
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R 1,: AGENDA a, 1e.
TIGARD PLANNING C TS$T4IN
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August 16, 1977 '�
Page 2 '.
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5.6 ConditiOna , Vse PV 17x77 (p'J'atons) NPO 2
e for a conditional use permit to lo, , •
cate a del, ataaaeo .in a "C-3" General Commercial zone at ,'
Tigard P ;aza on S.W. Pacific Highway (Wash. Co. Tax Map 151 L�� :
35DD, TAX O1 ;.�
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507 Condit ,ofa . Use CU 1$877 (D,E.Q.) NPO 4 , /
A request 1.;)F the Department of Environmental Quality and ' ',..
Century 21 ReaXtr for a conditional use permit to locate a ;�,� .
D.E.Q. test center to a "C-3" General Commercial zone at ;
11626 S.W. 1;401 '/A 1 (Wash. Co. Tax Map 151 36DC, Tax •
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Lot 500) f`t7
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6. OTHER BUSINESS; 0
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6. 1 Similar Ume ;ot! rpr�etatiOX ,Fhf
7. ADJO NT �
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MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room !li
10865 S.W. Walnut Street - Tigard, Oregon
1. CALL TO ORDER:
0 Popp announced that Item 5 . 1 had been withdrawn by the appli-
cant and would be heard at the September 6 meeting.
2 . ROLL CALL:
Present : Sakata, Goldbach, Wood, Brian, Tepedino, Popp, Corliss
Absent : Moore
Staff: Laws, Edwards
Ir
3. APPROVAL OF MINUTES:
o Wood asked for a consensus of opinions on the wording of Con-
ti` dition 5 on Page 5 .
The majority of commissioners agreed that the wording was correct.
The minutes of August 2, 1977 were approved as read.
4. COMMUNICATIONS:
o Tepedino registered a complaint for Dr. Ensley of 11765 S .W.
Katherine regarding a dam built on Summer Creek at 11825 S.W.
Katherine which was becoming a nuisance . Tepedino requested
staff to investigate the matter.
5. PUBLIC HEARINGS :
5 .2 Zone Change ZC 29-77 (Williams)
A request by Henry B. Williams for a zone map amendment to
change the zoning designation from Washington County Zoning
"RU-4" to City of Tigard "R-7, Single Family Residential"
for a .95 acre parcel at 11000 S .W. 121st Avenue (Wash . Co.
Tax Map 1S1 34CA, Lot 600)
A. Staff Report :
Read by Laws
B. Applicant ' s Presentation :
H. B. Williams, owner of the property, stated that when
he was annexing the property he had not been made aware
MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977
Page 2
that a dedication would be required. He also corrected
staff report in that the guest house was on sewer line
and the main house on septic tank.
C. Public Testimony:
None
D. Staff Recommendation :
Based on the basic facts, and conclusionary findings, the
staff recommends approval with the following condition :
1. Five feet be dedicated along this property for
street improvements to S.W. 121st ,
E. Commission Discussion:
o Popp explained the need for dedication to the appli-
cant .
o Wood questioned the legality of attaching conditions
to zone changes from County to City .
Sakata moved and Goldbach seconded for approval based
on staff findings and with the staff recommendation.
The motion was approved by unanimous voice vote.
5. 3 Conditional Use CU 20-77 (Williams)
A request by Henry B. Williams for a conditional use permit
to locate duplexes in a "R-7, Single Family Residential"
zone at 11000 S.W. 121st Avenue (Wash . Co. Tax Map 1S1
34CA, Lot 600)
A. Staff Report :
Read by Laws
B . Applicant 's Presentation :
H. B. Williams, owner of the property, stated that the
purpose of the proposal was for retirement income and
gave the following reasons in support of the duplexes :
MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977
Page 3
o That the property was surrounded by the rear of single
family homes plus fences and a hedge, therefore would
have minimal impact .
o The proposal conformed with the City of Tigard code.
o That the proposed plan would preserve existing vege-
tation which would provide a buffer.
o That the use would be transitional because of the
nearby church and multi-family units.
C. Public Testimony :
None
D. Staff Recommendation :
Staff recommends denial .
E . Commission Discussion :
o Sakata stated that the use would not be transitional
since it was surrounded by single family homes .
o Goldbach stated that the proposal would conserve
energy and be in keeping with the housing goals.
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o Corliss stated that, since there was no objection
from the neighbors and since the site would present
a good living environment, the proposal should be
approved.
o Wood stated that the lots would not be advantageous
' for single family homes and the location would make
it appropriate for duplexes. .a
o Popp asked for a staff recommendation if the Planning ;.
Commission chose to approve the application .
o staff recommended that the applicant apply for a
minor land partition as a condition of approval .
Wood moved and Brian seconded for approval based on the .
following findings:
MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977
Page 4
1. Duplexes would form a transition between the church
and single family homes.
2 . Lotting patterns and vegetation would form a natural
buffer.
3. The lots would be ill suited for single family
homes.
4. All surrounding single families received notice of
the proposal and none had objected.
and with the staff recommendation.
The motion was passed with one abstention--Sa.k.ata.
5.4 Conditional Use CU 21-77 (Losch)
A request by Robert F. Losch for an expansion to a condi-
tional use permit for a nursing home in a A-2 (multi-family
zone) at 14145 S.W. 105th Avenue (Wash. Co. Tax Map 2S1 10A,
Lot 303)
A. Staff Report:
Read by Laws
B. Applicant ' s Presentation:
Robert Losch, architect, described the project and
stated that the parking ratio was four beds to one
space, based on his experience in designing rest homes
and requested that additional parking be waived.
C. Public Testimony :
None
D. Staff Recommendation:
Staff recommends approval with the following condition ;
1. The applicant obtain approval from the City for
minor land partitioning for parcels partitioned il-
legally (Tax Map 251 10A, Tax Lots 302 and 303) y'
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MINUTES
TI'GARD PLANNING COMMISSION
August 16, 1977
Page 5
E. Commission Discussion:
o Staff informed the board that parking could be re-
duced by 20 percent during the design review process .
o Brian suggested that since surplus parking existed
it should be brought up to code requirements for
landscaping.
Tepedino moved and Corliss seconded for approval based
on staff findings and with the staff recommendation .
o Discussion on landscaping and parking
Tepedino amended and Corliss seconded the motion to add:
o Design review consider the number of parking spaces
in conjunction with landscape requirements.
The motion was passed by unanimous voice vote.
5. 5 Variance V 8-77 (Smith.)
A request by Douglas R. Smith for a variance to Section 17.-
44.040 of the Tigard Municipal Code (sidewalk requirements)
on S .W. Watkins Place (Wash. Co. Tax Map 251 2BC, Lots 2700,
2900, 3000, and 3100)
A. Staff Report :
Read by Laws
B. Applicant's Presentation :
Doug Smith, applicant, explained how the problem came
to being and stated that a bike/pedestrian ,• ath was be-
ing provided for access.
C. Public Testimony :
None
D. Staff Recommendation:
Staff recommends approval of the variance request from
the City's sidewalk requirements .
MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977
Page 6
o Staff informed the board that the applicant 's writ-
ten presentation addressed the variance requirement .
E . Commission Discussion :
Goldbach moved and Sakata seconded for approval based on
staff findings and with staff recommendation .
The motion was passed by unanimous voice vote.
5.6 Conditional Use CU 17-77 (D'Patons)
A request by Dee Maxwell for a conditional use permit to lo-
cate a delicatessen in a "C-3" General Commercial zone at
Tigard Plaza on S .W. Pacific Highway (Wash. Co . Tax Map 1S1
35DD, Tax Lot 3301)
A. Staff Report:
Read by Laws
B. Applicant ' s Presentation :
Dee Maxwell, applicant, stated that the proposed use
would be an improvement to the site .
C. Public Testimony:
None
D. Staff Recommendation :
Staff recommends approval .
E . Commission Discussion :
Wood moved and Brian seconded for approval based on
staff findings .
The motion was approved by unanimous voice vote.
5.7 Conditional Use CU 18-77 (D.E.Q. )
A request by the Department of Environmental Quality and
Century 21 Realty for a conditional use permit to locate a
D.E.Q. test center in a "C-3" General Commercial zone at
11626 S.W. Pacific Highway (Wash,. Co. Tax Map 1S1 36DC,
Lot 500)
MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977 Page 7
A. Staff Report:
Read by Laws
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B. Applicant ' s Presentation :
Stan Stimich, representing D.E .Q. , stated thatt the pro-
jected hours would be 9 to 6, Monday through Saturday .
C. Public Testimony :
None
D. Staff Recommendation:
Staff recommends approval of the conditional use permit
with the following conditions:
1. That the hours of operation of the D.E.Q. test center.
and Eastgate Theatre, Inc. be resolved between those
two parties prior to operation of the test center on
• the site.
Z. That a signing program be submitted for design re-
view approval .
E. Commission Discussion:
o Popp stated that this location would probably be the
best in Tigard, i .e . controlled intersection, off
the main thoroughfare, etc.
o Brian stated that Condition 1 should be between the
owner and lessee.
o Discussion on Condition 1.
Tepedino moved and Wood seconded for approval based on
staff findings and with staff recommendations.
The motion was passed by unanimous voice vote.
6. OTHER BUSINESS:
6. 1 Similar Use Interpretation :
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MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977
Page 8
o Staff informed the commission that the "Pop Shoppe" was
requesting a use interpretation as to whether it could
be regarded as a permitted or conditional use in the C-3
zone .
Staff Recommendation :
That the item be considered as a conditional use in the C-3
zone .
o Sakata stated that because of a possible conflict of in-
terest she would abstain from the discussion .
o Ken Justic, general manager of Pop Sho.ppe, stated that
the product was manufactured and sold on site and was
strictly retail oriented.
o Jim Bean, attorney for applicant, stated that the pro-
posed use would be more compatible to the C-3 than the
existing use on the proposed site.
o Justic supplied the following information :
That 30 percent of the product was sold on site but with
the new location that could reach 50 percent; the re-
mainder would be distributed with the average number of
trucks per day zero to five.
Hours for retail sales : 10:00 a.m. - 9:00 p .m.. summer
10 :00 a.m. - 7:00 p .m. winter
Hours for summer bottling:
7:00 a.m. - 12 midnight summer
7:00 a.m. - 4 :00 p.m. winter
Retail floor space: 2,500 square feet
Production space: 2,500 square feet
Storage : 10,000 - 11,000
o Tepedino stated that the use could be construed as Simi- '
lar.
Tepedino moved and Brian seconded that the Planning Commis
sion go on record that the Pop Shoppe would be a conditional
use in the C-3 zone. E.
MINUTES
TIGARD PLANNING COMMISSION
August 16, 1977
Page 9
o Wood advised the board that 70 percent of the floor space
would be in a use generally regarded as industrial .
o Popp stated that the use was comparable to a bakery which
is a conditional use ,n the C-3 zone .
The motion was passed with one abstention, Sakata.
6.2 Staff reminded the Planning Commission of a study session .
on August 23. .Wood asked that during the study session the
following matters be discussed:
o Planned Development procedures
o Legislative zoning matters
7. ADJOURNMENT:
There being no other business, the meeting was adjourned at 10:00
p.m.
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STUDY SESSION MINUTES
TIGARD PLANNING COMMISSION
August 23, 1977 - After Public Hearing
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Present : Sakata, Wood, Tepedino, Popp, Corliss
Excused Absence : Moore, Goldbach, Brian
Staff : Laws, Bolen, Claussenius
1. Report on alleged flood plain violation in Summer Creek
o Laws informed the Commission that John Drennan (building in-
spector) had attempted to inspect alleged structure in Summer
Creek at 11825 S.W. Katherine but was not allowed on the prop-
erty .
o Popp said matter should be followed through to see if stream
was in fact darned.
o Bolen said that if it was darned it would be in conflict with
flood plain ordinance.
2. Duplex ordinance draft
o Laws submitted a study ordinance regarding duplexes in a sin-
gle family residential zone .
o The Commission recommended that the proposed amendment be pre-
pared in final draft form and a public hearing be set for for-
mal Commission action.
3. Sign Code revision
Dick Bolen presented the new draft of the sign code . He stated
that the sign code committee started their work in January and
worked until now on the project, that the committee had come up
with a draft that is close to the original code, as proposed in
January, 1977. Bolen stated that there is a public hearing
scheduled for September 6, 1977 and that the Chamber had had the
draft since June 24, 1977,
Bolen referred to the draft : Persons wishing sign approval
would have a choice of two courses of action to follow:
1. The planning director or his agent could approve or deny the
sign, then the applicant could go to the Design Review Board
for appeal of denial.
STUDY SESSION MINUTES
TIGARD PLANNING COMMISSION
Y " August 23, 1977
it
Page 2
2 . The applicant can go directly to the Design Review Board for
hearing and approval or denial .
o Tepedino questioned having two different systems.
o Popp said he thought it was only one system.
o Bolen said that there would still be a staff report if the Review Board. Bo-
len chose to go directly to the Design
len said he thought the community would appreciate the system.
o Bolen discussed 16. 12 .020, Part C of draft : sign specifica-
tions ,
o General discussion of signs in violation - length of days no-
tice for violation. Enforcement : windshield check by staff.
Violators can be cited by building inspector. Fine procedure
already on record at $350/day. None ever issued.
o Wood stated the problem with 16. 28.010(a) : 15 days written
notice but 30 days before City can act, so one number should
be changed.
o General discussion
Will change it so both numbers are 15. So 15 days notice will
be given to get a nonconforming sign down .
Section 16.36 .020(5)
Real estate signs discussed
Section 16. 36.040
Part 3: Free standing signs
Criteria for determining size of sign discussed. Speed
limit on road the proposed criteria rather than frontage
of business - refer to designation of streets in zone
ordinance . This method is based on "Street Graphics" .
o Wood said many signs will become nonconforming if
this passes .
o Corliss wants clarification on nonconformity signs,
should street address be part of ten year limit to
conform.
STUDY SESSION MINUTES
TIGARD PLANNING COMMISSION
3 August 23, 1977
Page 3
o Popp questions signs over right-of-ways (Section 16.-
36.040, 3.K) .
o Wood said a professional designer may not be needed
in all cases (Section 16 . 30. 040, 3.L) .
o Wood suggested adding street numbers to Section 16 .-
36 .040, 3.M.
o Bolen stated that Section 16 .36 .040, Part 4, wall
signs, are as already existing in code.
o Laws brought up question of a time limit for appeals.
20 days is suggested because same as other appeals.
o Planning Commission concurred with 20 days for ap-
peal .
4. Popp: Note to Planning Commission to note changes in NPO #5
from minutes of City Council meeting.
5. Wood: Does Planning Commission wish to discuss planned develop-
ment ordinance.
o Tepedino: Preliminary review--should there be one, it drags
things out, is a burden to public and to Planning Commission
in that they end up helping person design project .
Maybe change whole concept - one shot perhaps .
o Popp : Is it more expedient to have only one public hearing
for planned developments?
o Sakata: No.
o Popp: Preliminary review--present idea only?
o Sakata: No.
o Popp: Planning Commission doesn 't tramp over the sites
enough to make design decisions. But preliminary review gives
the Planning Commission a chance to tell person at a early
stage that his land use is all 'wrong. Preliminary review
gives Planning Commission chance to become familiar with proj-
ect . Maybe the way it is now the Planning Commission gets
too involved with details. Planning Commission has an obliga-
tion to give the developer direction .
STUDY SESSION MINUTES
TIGARD PLANNING COMMISSION
k August 23, 1977
Page 4
o Wood likes two step process but it could be more efficient .
o Sakata: Developer doesn 't have enough. elements spelled out
at preliminary review.
o Wood: Guidance should be spelled out at preliminary review
so that by second hearing specifics can be worked out (nar-
rowed) .
o Popp : Agrees .
Directs staff:
1. When developer comes in with planned development, hand
out typed up items to be addressed in preliminary review.
2 . Avoid repetition of testimony from preliminary to second;
when decision was already made in spite of testimony.
o Wood said testifiers can still go to City Council . It would
have to be an amendment of the ordinance . Now the first hear-
f. ing is informal .
o Bolen said the preliminary review is informal but now we are
having a full-blown formal hearing. There is a problem not
to have a pre-meeting between Planning Commission and devel-
oper only (without public) . But when people come to the pre-
l4'ninary review, they expect a hearing.
Bolen made a suggestion:
First meeting: Deal with streets, schools, general con-
cept, concurrence with. NPO. We can 't be too specific be-
cause that ' s a later part of design process. By the time
the developer gets to specifics, he has already received a
go-ahead on the project in general .
o Wood: If the preliminary hearing not inclusive, then how do
you decide if enough schools, etc. without knowing number of
units. Where is dividing line? Staff could propose a plan
for the problem.
o Corliss : People should be allowed to speak as much as they
want even if repetitious - Planning Commission should be here
to listen .
ADJOURNMENT.
NOTICE OF PUBLIC HEARING
TIGARD PLANNING COMMISSION
August 16, 1977 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
5. PUBLIC HEARINGS
5. 1 ZONE CHANGE ZC 30-77 (Waymire) NPO 5
A request by Kenneth L. Waymire for preliminary plan and pro-
gram review of a residential planned development (three du-
plexes, one four-plex, and 33 single family units) in a R-7
zone on a 9 .85 acre parcel at 8065 S.W. Bonita Road (Wash .
Co. Tax Map 2S1 12B, Tax Lot 500)
5. 2 ZONE CHANGE ZC 29-77 (Williams) NPO 7
A request by Henry B. Williams for a zone map amendment to
change the zoning designation from Washington County Zoning
"RU-4" to City of Tigard "R-7, Single Family Residential"
for a .95 acre parcel at 11000 S.W. 121st Avenue (Wash. Co.
Tax Map 1S1 34CA, Lot 600)
7 5. 3 CONDITIONAL USE CU 20-77 (Williams) NPO 7
A request by Henry B. Williams for a conditional use permit
to locate duplexes in a "R-7, Single Family Residential" zone
at 11000 S.W. 121st Avenue (Wash . Co. Tax Map 1S1 34CA, Lot
600)
5.4 CONDITIONAL USE CU 21-77 (Losch) NPO 6
A request by Robert F. Losch for an expansion to a conditional
use permit for a nursing home in a A-2 (multi-family zone) at
14145 S .W. 105th Avenue (Wash . Co. Tax Map 2S1 10A, Lot 303)
5. 5 VARIANCE V 8-77 (Smith) NPO 3
A request by Douglas R. Smith for a variance to Section 17.44-
. 040 of the Tigard Municipal Code (sidewalk requirements) on
S .W. Watkins Place (Wash. Co . Tax Map 2S1 2BC, Lots 2700,
2900, 3000, and 3100)
All persons having an interest in the hearing matter are invited to ap-
pear and submit oral and written testimony or submit written testimony
in advance of the meeting.
(Publish in TT August 11, 1977)
••
NOTICE OF PUBLIC HEARING
TIGARD PLANNING COMMISSION '
August 16, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Watlnut Street - Tigard, Oregon
5. PUBLIC HEARINGS:
5. 1 Zone Change ZC 30-77 (Waymire) NPO 5
A request by Kenneth L. Waymire for preliminary plan and pro-
gram review of a residential planned development (three du-
plexes, one four-plex, and 33 single family units) in a R-7
zone on a 9. 85 acre parcel at 8065 S.W. Bonita Road (Wash.
Co. Tax Map 2S1 12B, Tax Lot 500)
5.2 Zone Change ZC 29-77 (Williams) NPO 7
A request by Henry B. Williams for a zone map amendment to
change the zoning designation from Washington County Zoning
"RU-4" to City of Tigard"R-7, Single Family Residential" for
a . 95 acre parcel at 11000 S .W. 121st Avenue (Wash. Co. Tax
Map 1S1 34CA, Lot 600)
( All persons having an interest in the hearing matter are invited to
appear and submit oral and written testimony or submit written testi-
mony in advance of the meeting.
(Publish in TT August 4, 1977)
11
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
August 16, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket : Zone Change ZC 29-77
Request : For a zone map amendment to change the zoning designation
from Washington County Zoning "RU-4" to City of Tigard "R-
7 Single Family Residential" for a 1.43 acre parcel
Location: 11000 S.W. 121st Avenue (Wash. Co. Tax Map 1S1 34CA, Tax
Lots 600 and 614)
Applicant : Mr. and Mrs . Henry B. Williams
I . FINDINGS :
1. The applicant is requesting the application of Section
18.20 (Single Family Residential) of the City of Tigard
Municipal Code to a 1.43 acre parcel , annexed into the
City of Tigard on August 25, 1976 .
2. The site is designated "Urban Low Density Residential" on
the Tigard Community Plan, 1971. Applicable policies from
the plan are as follows :
Policies and standards :
(1) The maximum overall density of development will be
four dwelling units or 12 persons per gross acre.
This amounts to a standard of 7, 500 square feet of
land per dwelling unit, allowing for streets and
other open space. Some areas will have a lower den-
sity owing to topography, existing development pat-
terns or the desire of individuals to own a larger
lot .
(2) Residential subdivision will be developed with paved
streets, curbs and gutters, street lights, and walk-
ways, according to City or County standards. All
utilities will be placed underground.
(3) Development will coincide with the provision of pub-
lic streets, water, and sewerage facilities . These
facilities shall be (a) capable of adequately serv-
ing all intervening properties, as well as the pro- H
posed development and (b) designed to meet City or
County standards.
(: f'
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STAFF REPORT
AGENDA 5 .2
QL TIGARD PLANNING COMMISSION
August 16, 1977
Page 2
(4) Planned unit development will be encouraged on tracts
large enough to accommodate ten or more dwellings.
Planned unit development will permit a degree of
flexibility in design that will enable a higher
quality of development in accordance with zoning
standards.
II . STAFF OBSERVATIONS :
1. The site is occupied by two single family homes--one loca-
ted in the northwest corner of Tax Lot 600 and the other
in the south portion of Tax Lot 614. Surrounding land
uses to the east and south are single family homes; a
church parsonage is located to the north; and to the west
and across S .W. 121st is an old farm house.
2 . Water service is available to the site from a eight inch
line in S.W. 121st . Presently, both units on the property
are on septic tank systems. At such time as this parcel
is developed, a sewer line would have to be extended from
either an existing eight inch line in S .W. Manzanita nzanita Court
to the south of the property or from an eight inch line in
119th Avenue to the east .
3. S .W. 121st is designated on the Tigard Community Plan, 1971
as a collector street. Right-of-way for a collector is 60
feet minimum width . S.W. 121st is currently on a 50 foot
right-of-way. Therefore, an additional five feet of dedi-
cation would be required.
III . CONCLUSIONARY FINDINGS :
1. There exists a public need to apply City of Tigard zoning
to all parcels of land in the city in order to ease the ad-
ministration of land use regulations and assure consis-
tency throughout the city .
2 . The proposed R-7 zoning district is compatible with the
surrounding zoning and conforms to the "Urban Low Density
Residential" policies of the Tigard Community Plan, 1971
in that it limits the maximum overall density to four
dwelling units/acre and with the attachment of appropriate
conditions, the adequate provision of public services to
serve the proposed development can be assured.
STAFF REPORT
AGENDA 5 .2
C7
TIGARD PLANNING COMMISSION
August 16, 1977
Page 3
3. The extension of a sanitary sewer line to the site would
be necessary before this parcel could develop.
IV. STAFF RECOMMENDATION:
Based on the basic facts and conclusionary findings, the staff
recommends approval with the following condition :
1. Five feet be dedicated along this property for street im-
provements to S .W. 121st .
(:
STAFF REPORT
AGENDA 5 . 3
TIGARD PLANNING COMMISSION
August 16, 1977 - 7: 30
p .m.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
Docket : Conditional Use (CU 20-77)
Request : To locate two duplexes in a "R-7" Single Family Residen-
tial" zone
Location : 11000 S .W. 121st Avenue (Wash . Co. Tax Map 1S1 34CA,
Tax Lot 600)
Applicant : Mr. and Mrs . Henry B. Williams
I . FINDINGS :
1. The site is designated "Urban Low Density Residential" on
the Tigard Community Plan , 1971 and zoned "R-7" (Single
Family Residential) .
2 . Applicable policy from the Housing text is the following:
Policy 15 . Provide greater diversity of housing density
.,. (e .g. , duplex, four-plea, attached single
family units, etc. )
3. The site is currently occupied by a single family home lo-
cated in the northwest corner of the lot . Large evergreen
trees are located behind the house and along the north
property line. Surrounding land uses are single family
homes to the east and south; a church parsonage is loca-
ted to the north; and to the west and across S .W. 121st
is an old farm house and orchard.
4. Water service is available to the site from the Tigard
Water District eight inch line in S .W. 121st . Sanitary
sewer would have to be extended from either an eight inch
line in S .W. Manzanita Court or from an eight inch line
in 119th Avenue. The home in the northwest corner of the
lot is currently on a septic tank system.
5 . The applicant pP proposes to partition Tax Lot 600 so that
he may create two duplex lots and one single family lot,
14,000 square feet, 13,000 square feet, and 21, 870 square
feet respectively. The applicant ' s site plan envisions
the two duplex lots as flag lots, which are proposed to
be located between the single family home in the north
corner of lot and another single family home (Tax Lot 614)
located to the southeast .
1
STAFF REPORT
AGENDA 5 . 3
TIGARD PLANN.I'NG COMMISSION
August 16, 1977
Page 2
6. Access for both duplex lots would be on ten foot ease-
ments, the west lot having a 210 foot long driveway and
the east parcel having a driveway that would run for a
distance of 230 feet in an easterly direction then 90 feet
in a northerly direction before emerging into the larger
portion of the parcel .
7. Staff acknowledges the need to provide a diversity of
housing densities in accordance with the City 's Housing
Policies and NPO plans. However, staff also recognizes
the need for preserving the residential character of es-
tablished neighborhoods and the need to seek. means to en-
sure their preservation . Locating duplexes between single
family residents would be contrary to good land use plan-
ning. Duplexes should serve as a buffer or a transition
between land uses. Instead the applicant is proposing to
"break" the single family character of the neighborhood
by locating duplexes between residents.
8. The additional traffic anticipated by developing this
property to duplex densities would tend to negatively im-
pact the existing residential character of the area. The
long, narrow driveway envisioned on the applicant ' s site
plan would seem to further aggravate the situation.
II . STAFF RECOMMENDATION:
Staff recommends denial .
STAFF REPORT ,
AGENDA 5 .4
TIGARD PLANNING COMMISSION
August 16, 1977 - 7: 30 P.M.
Junior High School - Lecture Room a.f
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Conditional Use (CU 21-77)
Request : For an expansion to a conditional use for a nursing
home in a A-2 (multi-family zone)
Location: 14145 S.W. 105th Avenue (Wash . Co . Tax Map 281 10A,
Tax Lot 303)
Applicant : Robert F. Losch
I . FINDINGS :
1. The subject parcel is zoned A-2 (multi-family residential )
and designated on the Tigard Community Plan, 1971 as "Resi-
dential-Commercial" .
2. Section 18.24 of the Tigard Municipal Code allows a hospi-
tal, sanitarium, rest home , home for the aged, nursing
home or convalescent home in a A-2 zone as a conditional
���..
use. • 1
3. The applicant is requesting a conditional use permit to
allow a 1, 500 square foot expansion of the Tigard Care
Center dining room. i,
4. The Tigard Care Center is located on a 2 .08 acre parcel .
Surrounding land uses are apartments to the south, a gro-
cery store on the east, a furniture store to the west,
and a real estate office building to the north .
5. According to the City ' s tax map records, an illegal par
titioning of this parcel has taken place within the last
year. Washington. County Tax Map 2S1 10A (dated April 14 ,
1976) indicated that Tax Lot 302 has an area of 3.01 ac-
res . Washington County Tax Map 281 10A (dated June 15,
1977) shows Tax Lot 302 as being .93 acres in size, and a
new tax lot, Tax Lot 303, has been created, which is shown
as having an area of 2.08 acres.
6. Access to the parcel is available off the end of a cul-de-
sac on 105th Avenue rf., through a driveway easement between
Bill Snyder Realtors and the 76 Union "Station fronting on
Pacific Highway.
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
August 16, 1977
Page 2
7. Section 18 .60. 120 (minimum space .requirements for off-
street parking) of the Tigard Municipal Code requires that
one parking space be provided per two beds. The applicant
has indicated in his narrative statement that the Care
Center is a 112 bed facility, which would require 61 park-
ing spaces in accordance with City code. There are cur-
rently 50 spaces available to accommodate parking, but
additional space can be provided on site. Current demand
for parking has been well below the code requirement .
II . STAFF RECOMMENDATION:
Staff recommends approval with the following condition:
1. The applicant obtain approval from the City for minor
land partitioning for parcels partitioned illegally (Tax
Map 2S1 10A, Tax Lots 302 and 303) .
STAFF REPORT
AGENDA 5. 5
. TIGARD PLANNING COMMISSION
August 16, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
Docket : Variance (V 8-77)
Request : A variance to Section 17.44.040 of the Tigard Municipal
Code (sidewalk requirements)
Location : S.W. Watkins Place (Wash . Co . Tax Map 2S1 2BC, Lots
2700, 2900, 3000, and 3100)
Applicant : Douglas Smith
I . FINDINGS:
1. The site is designated on the NPO #3 Plan as "Suburban Re-
sidential Density" and zoned R-10, "Single Family Residen-
tial" . The site is surrounded by single dwellings .
2. Section 17.44.040 of the Tigard Municipal Code states
that "concrete sidewalks shall be installed along both
sides of each street in accordance with standards adopted
by the City. " P
3. The applicant is requesting that he be able to locate the
sidewalk on only one side of the street in a recently ap-
proved subdivision, "Watkins Place" . `r
4. Section 17 .48.020 of the Tigard Municipal Code authorizes
the Planning Commission to grant a variance to the subdi-
vision code, provided the Commission finds from the facts
presented at the hearing all of the following:
( 1) That there are special circumstances or conditions
affecting the property which are unusual and peculiar ,J
to the lands or development of the project involved
as compared to other lands similarly situated ;;
(2) That the variance sought is necessary and the mini-
mum required for the preservation and protection of
a substantial property interest of the petitioner to
the degree that extraordinary hardship would result 'y
from strict compliance with the regulations of this
chapter applicable to the particular subdivision, ``
major or minor partitioning involved
STAFF REPORT
AGENDA 5.5 t
,, TIGARD PLANNING COMMISSION
August 16, 1977
Page 2
(3) That the granting of the variance will not be detri-
mental to the public health, safety or welfare, but
will be consistent therewith and shall not be injuri-
ous to the rights of other property owners in the near
vicinity nor constitute a departure from or be in vio-
lation of the comprehensive plan of the City of Tigard
(4) That the applicant's proposal for variance in a sub-
division or major or minor land partitioning conforms
to and is consistent with all other regulatory re-
quirements of this title and Title 18 of this code,
that adequate provision is made for traffic crqula-
tion, recreation, open spaces, and similar factors,
and that variance sought has been considered by other
public agencies concerned with fire protection, sewer,
water, and other utilities, as well as environmental
factors, and the written comments of such regulatory
bodies as applicable is submitted as part of the rec-
ord.
5. The applicant's statement of hardship states that "there
v are special circumstances that exist on the property"
that warrant deletion of sidewalk on one side of the street:
(1 ) The eight feet between the curb and property line is
necessary for the slope grade.
(2) If a five foot sidewalk is placed next to the curb, '
then the slope would be nearly vertical.
(3) It would be difficult to move the entire street be-
cause it is already platted, and the lots on the north
ei rie of i,hos o+r.eo f: e.rnttl L1 he +nn ah,a11 nw.
(4) Creating a steeper slope will cause erosion and could
effect the adjacent property.
(5) There are only eight lots in the subdivision and by
providing a sidewalk on the other side of the street
will abut all the lots except the two at the south
end of the cul-de-sac.
6. Staff Finding Number 11 of the applicant's preliminary plat`
submission for the "Watkins Place" subdivision stated that
"the applicant's request to place sidewalks on one side of
STAFF REPORT
AGENDA 5.5 z7
T IGARD. PLANNING COMMISSION
August 16, 1977
Page. 3
the street lacks merit in that it is not necessary to pro- 4,
tect a property right or the result of topography or unique
site conditions."
Mewever, staff has revisited the site and found that the
existing topography, i.e. , the bank along the south property
would effect the placement of a sidewalk on that side of
the street, in that the slope would be close to venial
if a sidewalk were constructed to City standards, -thus;ne
cessitating the need to construct a retainer wall to prevent
erosion of the bank.
7. The applicant has stated that, by providing a Sidewalk on
the other side of the street, all lots would abut the side-
walk, except the two at the south end of the cu1.de1,sac•.
Staff finds that this is incorrect; in fact, both these
lots will abut the sidewalk, and., therefore, all lots, will
have sidewalk frontage. :I
8. Staff finds that by eliminating the requirement for pro:
viding a sidewalk along the south property line would not be L
detrimental`or injurious to persons or peoperrty° With ' the
vicinity in which the property is located and that there are
special circumstances or conditions that effect the
property as compared to other lands similarly situated.
II. STAFF RECOMMENDATION: F
Staff recommends approval of the variance request from the
City's sidewalk requirements.
4
I..
I.{
pi
STAFF REPORT
AGENDA 5.6
TIGARD PLANNING COMMISSION
August 16, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket : Conditional Use (CU 18-77) (Tabled from July 26, 1977
Planning Commission meeting)
Request : To locate a delicatessen in a "C-3" General Commercial
zone
Location : Tigard Plaza on Pacific Highway (Wash. Co. Tax Map 1S1
35DD, Tax Lot 3301)
Applicant: DeeAnn Maxwell
I . FINDINGS OF FACT:
1. The subject parcel is zoned C-3 (General Commercial) and
designated on the Neighborhood Planning Organization #2
Plan Map as "Retail Commercial" .
2 . In a C-3 zone a restaurant may be permitted as a condi-
tional use when in accordance with Chapter 18 . 72 condi-
tional uses.
3. The applicant originally requested that this item be
heard at the July 26, 1977 Planning Commission meeting.
However, an incomplete application submission prohibited
staff from making the necessary findings at the time, and
staff requested that the Commission table this item until
such time as all the necessary information had been sub-
mitted.
II . STAFF OBSERVATIONS : 1
1. The subject site is located in the Tigard Plaza. Tigard 1
Automotive Supply, Gaffers, O.L.C.C. , Scott 's Mountain '1
Shoppe, and a parking lot form the surrounding land uses .
2 . The applicant is proposing to operate a delicatessen in a
3,000 square foot building, of which one third of the area
will be used for restaurant purposes and the remainder to I
be used for a decorating design studio and storage area
accessory to the design studio.
3. A common wall will separate the two uses, with the deli-- .;
catessen being located in the northeast corner of the
hr
building and the design studio to the front and south,
facing Center Street .
,,4:
STAFF REPORT
AGENDA 5.6
f ,, TIGARD PLANNING COMMISSION
August 16, 1977
Page 2
4, Operating hours of the deli will be between 11:00 a.m.
and 3:00 p.m. , Monday through Friday . An estimated 45
persons are expected to use the facility during those
hours.
5. The applicant 's site plan indicates provision for eight
to ten tables within the dining area. Microwave ovens
will be used to warm the food, which will be prepared off
the premises. Therefore, additional precautions such as
as
one hour fire".wall and air 'vents- will 'not be necessary.
II . STAFF RECOMMENDATION:
Staff recommends approval .
STAFF REPORT
AGENDA 5 . 7
TIGARD PLANNING COMMISSION
August 16, 1977 - 7: 30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket : Conditional Use (CU 17-77) (Tabled from July 26, 1977
Planning Commission meeting)
Request : To locate a D.E .Q. test center in a "C-3" General Com-
mercial zone
Location: 11626 S.W. Pacific Highway, Family Drive-In Theatre
(Wash. Co. Tax Map 181 36DC, Tax Lot 500)
Applicant : Department of Environmental quality
I . FINDINGS OF FACT:
1. The site is designated Residential Commercial on the Tigard
Community Plan, 1971 and zoned C-3, General Commercial .
2 . In a C-3 zone drive-in business offering goods and services
directly to customers waiting in parked motor vehicles is
allowed as a conditional use .
3. The applicant originally requested that this item be heard
at the July 26, 1977 Planning Commission meeting. However,
an incomplete application submission prohibited staff from
making the necessary findings at the time, and staff re-
quested that the Commission table this item until such
time as all the necessary information had been submitted.
{
4 . On May 3, 1977 the Planning Commission approved a request
by Eastgate Theatre, Inc. to remodel and expand a drive-in
theatre subject to the following conditions :
( 1) The site be screened from view of surrounding prop-
erties by plant material and the entrance area and
drive be landscaped; the plan be submitted for de-
sign review
(2) Areas used for the maneuvering or parking of vehicle t{
be paved to City standards k
(3) Half street improvement be provided along S.W. 72nd
Avenue
(4) Intense screening on S .W. 72nd Avenue and the south 1s
side of the site be provided.
— �I
STAFF REPORT
AGENDA 5 .7
47 TIGARD PLANNING COMMISSION
August 16, 1977
Page 2
5. On June 27, 1977 the City Council heard an appeal by the
applicant (Eastgate Theatre, Inc. ) to delete Condition #3
as imposed by the Planning Commission . The City Council
approved the applicant ' s appeal by eliminating Condition
#3 and adding a new condition:
The applicant will file with the City Recorder an agree-
ment not to remonstrate against a Local Improvement Dis-
trict (L. I .D) for street improvements to S.W. 72nd Avenue.
II . STAFF OBSERVATION:
1. The site is presently unscreened except for some evergreen
trees, low shrubs, and blackberries. The majority of
site is not paved but consists of a gravel and dirt base.
The main access is off of S .W. Pacific Highway, with. a
second access on S.W. 72nd Avenue in the northeast corner
of the site.
2. The site is bordered on the east and south by single fam-
ily homes, on the west by a gymnastics studio, and vacant
land to the north .
3 . For the past two years D.E.Q. has been operating a test
center on a temporary bases on the former Ernie 's Market
site at McDonald and Pacific Highway. However, due to the
renovation of that building and new uses for that site,
D.E.Q. has had to seek other locations to conduct their 1
business . The Family Drive-In Theatre would appear to be
a logical choice for relocating the test center, in that
the site provides ample room and is unused during daylight
hours .
4 . The applicant 's submitted site plan envisions using the ,
perimeter of the theatre grounds for maneuvering and stack-
ing area. This in fact will not be the case, as the
owners of the property plan to install a fence in the,
northeasterly corner of the site in order to separate the
two screening areas .
However, staff finds that there will still be ample room [!
for the queuing of automobiles on the site. The applicant
has stated that in the past they have never experienced ki
lines in excess of 45 vehicles.
j
STAFF REPORT
AGENDA 5 .7
TIGARD PLANNING COMMISSION
�, August 16, 1977
Page 3
5. The City has never been in receipt of a signing program by
D.E.Q. during their entire period of operation . Nor has
the City received any applications for sign permits, al-
though several off-premises signs have been posted and a
sign has been provided on the McDonald/Pacific Highway
premises. ,.
6. An approximately 35 foot wide paved driveway provides ac-
cess to the site from Pacific Highway. An existing traf-
fic signal at this point controls vehicular movement to
the site . The State Highway Department has indicated E',
that the additional traffic expected from this site will f,
not disrupt the flow of traffic on Pacific Highway .
ii
7. Hours of operation of the test center will be 10:00 a.m.
to 6 :00 p.m. , Tuesday through Saturday . In October the
center will be open for an additional hour (9 00 a.m. to
6: 00 p.m. ) . During the winter months there is a potential ;!;
for the center's operating hours to conflict with those
of the theatre's. Therefore, an agreement should be made
between the two parties to resolve this possible conflict .
III . STAFF RECOMMENDATION:
Staff recommends approval of the conditional use permit with
the following conditions:
1. That the hours of operation of the D.E .Q. test center and f??
Eastgate Theatre, Inc. be resolved between those two parr
ties prior to operation of the test center on the site .
2. That a signing program be submitted for design review ap-
proval . }.
{
rj•
Memorandum ''
To : Planning Commission
From: Planning Department
Subject : Similar Use Interpretation (C--3 zone)
}
Date : August 12, 1977
ti
Attached you will find a document from the Oregon Beverage Services,
Inc. requesting the Planning Commission for a similar use interpre-
tation of permitted and conditional uses in a C-3 zone (General Com-
mercial) . As the commissioners are aware, outright permitted uses
in the C-•3 zone are limited in number, but there is a long list of
uses that are permitted when approved as a conditional use by the
Planning Commission .
The applicant is proposing to locate a Pop Shoppe on the former
Sentry Trucking site on Villa Ridge (frontage road on Pacific High-
way) . However, this particular use is not included within the list
of permitted or conditional uses within the zone. The primary ac-
tivity to be conducted on the premises would be the retail sale of
soda pop . Staff find that, in reviewing the list of conditional
uses, the following uses would appear to be similar in intensity
and compatibility with surrounding uses as the proposed use: cater-
ing establishments, feed stores, lumber yards, tire shops, and se-
condhand stores.
Staff would, therefore, recommend that the Commission interpret the
proposed use (Pop Shoppe) as being similar to the above-mentioned
uses and allow the applicant to make application for a conditional
use permit to operate a retail store (Pop Shoppe) in a C-3 zone.
en
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