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Planning Commission Packet - 09/06/1977 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. AGENDA TIGAFtD PLANNING COMMISSION September 6, 1977 - 7:30 p..m. Fowler Junior High School - Lecture Room 10865 $¢W. Walnut Street - Tigard, Oregon 1 . Call to Order: 2. Roll Call: 3,0 Approval of Minutes: 4. Communications: 5. Public Hearings: 5. 1 Zone Change ZC 30-77 (Waymire) NPO 5 A request by Kenneth Waymire, Waverly Construction, for a pre- liminary plan and program review of a residential planned de- velopment 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 2C 32-77 (McBride) NPO 6 A request by Melvin and Victoria McBride for a zone map amend- ment to change the zoning designation from Washington County Zoning "RS-1" to City of Tigard Zoning "R-7, Single Family Re- sidential" for a 1 .77 acre parcel at 9220 S.W. Durham Road (Wash. Co, Tax Map 251 14A, Tax Lot 400) 5.3 Conditional Use CU 22-77 (McDonald's Corp. ) NPO 1 A request by McDonald®s Corp. for a conditional use permit to operate a drive-thru window for proposed McDonald',s restaurant in a C-3M9 Main Street commercial zone, at S.W. Main and Scpf li fins (Wash. Co. Tax Map 2S1 2AA, Tax Lot 903) 5.4 Conditional Use CU 24-77 (Oregon Beverage Services) NPO 4 A request by Oregon Beverage Services, Inc for a conditional use permit for retail sales and bottling facility in a "C-3" general commercial zone at 11552 S.W. Pacific Highway (Wash. Co. Tax Map 151 36DA, Tax Lot 900) 5.5 Conditional Use CU 12-•72 (Tigard School Gymnastics) NPO 2 A request by Wayne McClements, Tigard School of Gymnastics, for the extension of a conditional use permit for a gymnastic schgol in a M-3, light industrial zone at 9800 S.W. Tigard Street (Wash. Co, Tax Map 2S1 219A, Lot 300) dti AGENDA TIGARD PLANNING COMMISSION September 6, 1977 Page 2 5.6 Sign Code Revision SCR 1-76 A proposal to amend the Tigard Sign Code (Chapter 16', Ti- gard Municipal Code) to establish free-standing sign size standards according to traffic speed and number of travel lanes and to eliminate free-standing sign size restrictions based on lot frontage, 6. Other Business: 6. 1 Similar Use Interpretation 7. Adjournment: Is MINUTES F TIGARD PLANNING COMMISSION 4, September 6, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon 1. • Call to Order: 2. Roll Call : • Present : Corliss, Brian, Tepedino, Goldbach, Sakata, Popp, Moore, Wood Staff : Laws, Bolen, Edwards, Claussenius 3. Approval of Minutes : Staff drew attention to a supplement to the minutes of August 23. • • The minutes of August 23, 1977 were approved as read. • The minutes of the August 23, 1977 study session were approved as read. 4. Communications : None ('= 5. Public Hearings : �y r;l 5. 1 Zone Change ZC 30-77 (Waymire) cancelled. 5.2 Zone Change ZC 32-77 (McBride) A request by Melvin and Victoria McBride for a zone map amendment to change the zoning designation from Washington County Zoning "RS-1" to City of Tigard Zoning "R-7, Single Family Residential" for a 1.77 acre parcel at 9220 S .W. Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lot 400) A. Staff Report : Read by Laws B. Applicant ' s Presentation : Melvin McBride, applicant, stated that he was in agree- ment with the report . C. Public Testimony : tai r`. MINUTES TIGARD PLANNING COMMISSION September 6, 1977 Page 2 None D. Staff Recommendation : Staff recommends approval with the following condition : 1. File with the City Recorder an agreement not to re- monstrate against a Local Improvement District for street improvements to S .W. 92nd Avenue. E. Commission Discussion : o Staff clarified the site location . Wood moved and Sakata seconded for approval based on staff findings and with staff recommendation . 5. 3 Conditional Use CU 22-77 (McDonald's Corp. ) A request by McDonald 's Corp . for a conditional use permit to operate a drive-thru window for proposed McDonald's re- staurant in a C-3M, Main Street commercial zone, at S.W. Main and Scoffins (Wash. Co. Tax Map 2S1 2AA, Tax Lot 903) A . Staff Report : Read by Laws o Staff read into the record: 1. Letter from D.E.Q. 2. Letter from John Butler, 9760 S.W. O'Mara Street B. Applicant ' s Presentation : Vern Christenson offered to answer the Commission 's A' questions and read a letter into the record that had previously been sent to staff. Jim Yeons asked that an opportunity be given to examine the details submitted by D.E.Q. and addressed the park- ing and headlight problem. Christenson stated that they did not anticipate an in- crease of traffic as a result of the operation but ex- pected to serve the shopping center traffic , _t MINUTES TIGARD PLANNING COMMISSION September 6, 1977 Page 3 C. Public Testimony: In favor: none In opposition : o Clarence Nicoli stated that approval of the Payless Planned Development had been a mistake and that the Planning Commission should not compound this by ap- proving another use that would increase the traffic in the area. D. Staff Recommendation : Staff recommends denial . o Christenson drew attention to the downtown Portland McDonald's and stated that it had no adverse impact on the area and provided employment . o Moore stated that on his one trip to that McDonald's he had noticed a great amount of traffic congestion . o Christenson stated that the two cedar trees on the site would be removed and that the turning radius issue could be resolved, o Goldbach stated that it was not the Planning Commis- sion 's job to redesign the project and that it should be denied. o Commission discussion on site plan and I'asano re- quirement and D.E.Q. findings o Applicant addressed the benefits of a drive-in win- dow and the proposed design of the building. o Bolen stated that the main issue to be addressed was the impact of the drive-up window to the site as a whole. E. Commission Discussion: o Popp outlined the problems he had with the proposal . o Wood stated that he objected to the drive-in window for the following reasons: I.', MINUTES TIGARD PLANNING COMMISSION �''. September 6, 1977 Page 4 { a. Turning radius on drive was unworkable. b. Possible danger to traffic on Main Street . c. That the requirements necessary for a variance to landscaping code were not apparent . o Tepedino stated that the applicant had not addressed the items outlined by staff and that the burden of proof rested on the applicant . Wood moved and Goldbach seconded for denial based on staff findings with the additional findings: o That the applicant did not : a. Demonstrate that the queuing lane could function b. Provide an adequate 'turn c. Meet the requirements for the variances needed. ,_ The motion failed in a three to five vote, with Corliss, Brian, Tepedino, Goldbach, and Moore dissenting. Tepedino moved and Brian seconded for tabling to give ,, time for the applicant to address the problems brought ' up by staff and D.E.Q. The mot ion was approved by unanimous v oice vote. 5.4 Conditional Use CU 24-77 (Oregon Beverage Services) A request by Oregon Beverage Services, Inc . for a condi- tiUnal us e permit for setai t sales es and bottling facility , in n a "C-3" , general commercial zone at 11552 S.W. Pacifica Highway (Wash. Co. Tax Map 1S1 36DA, Tax Lot 900) Sakata abstained from all discussion and voting. A. Staff Report ; , Read by Laws f. B. Applicant ' s Presentation: ,` . F �3 ` MINUTES TIGARD PLANNING COMMISSION September 6, 1977 Page 5 o Ken Justik, for Oregon Beverage Services, gave background on Pop Shoppes. He said that 85 to 250 cars per day come to the present location of the PoP Shoppe. He expects 125 to 400 cars per day at the proposed site. The site was chosen because it is a high-traffic area. Regarding traffic safety, he stated that there are no problems at the present site, and he anticipates no problem at the proposed site . Regarding environmental aspects, the Pop Shoppe complies with all Oregon state laws, i .e. , smell, noise, water, and sewer. Regarding storage, it will all be in the building. The site plan is tentative, and they will work with Planning staff on location of building, landscaping, etc. C. Public Testimony : None D. Staff Recommendation : Based on findings of fact and staff observations, staff recommends approval. E. Commission Discussion and Action : o Brian is concerned about traffic. He thinks the intersection will not carry the additional traffic. o Corliss asked if we could synchronize the lights. o Bolen said the lights are synchronized. There will not he a light at that intersection . O Moore sees the same traffic problem. o Tepedino doesn't think the traffic problem will be aggravated by this new store. o Popp discussed traffic--he thinks it is a good site for this uSe. O Brian asked if it was known how many cars Went over Villa Ridge now,. o Justik answered that the Pop Shoppe expected 125 to 400 cars, with Saturday the heaviest day and summer ( the heaviest seaSOn. , MINUTES TIGARD PLANNING COMMISSION fi September 6, 1977. Page 6 o Wood said that traffic in and out of businesses exists all along Pacific Highway but is worse in other areas than at site. Goldbach moved and Tepedino seconded for approval based on staff findings and with staff recommendation. The motion was approved by voice vote, with one nay vote by Brian . Sakata abstained. o Comment to the Commission by Mr. Rasmussen, who owns service station near proposed Pop Shoppe site: Would like something done about light in front of Fred Meyers as he has waited five or more minutes to turn left there. 5. 5 Conditional Use CU 12-72 (Tigard School of Gymnastics) A request by Wayne McCiements, Tigard School of Gymnastics, for the extension of a conditional use permit for a gymnas- tic school in a M-3, light industrial zone at 9800 S .W. Tigard Street (Wash . Co. Tax Map 2S1 2BA, Lot 300) A. Staff Report : Read by Laws r'I B. Applicant 's Presentation : k Wayne McClements addressed the parking problem and traffic. He stated that gymnastic meets are held mostly on the weekends. He needs an industrial-type ' building for the high ceilings needed in gymnastics. 3 C. Public Testimony : None D. Staff Recommendation; Staff recommends approval for the renewal of the condi- tional use permit for a period Of five years . Expira- tion date September 30, 1982. jor MINUTES rl TIGARD PLANNING COMMISSION 4', . September 6, 1977 Page 7 E. Commission Discussion and Action : o Wood asked applicant why original conditional use was granted. o McC7.ements answered that they needed an industrial- type building as previously stated. Goldbach moved and Sakata seconded for approval based on staff findings and with staff recommendation . The motion was approved by unanimous voice vote . 5.6 Sign Code Revision SCR 1-76 A. Staff Report : Bolen presented final draft of new sign code. He stated that it gives the applicant a choice : he can go through staff or go to th.e Design Review Board. He pointed out a ten-year grace period. He pointed out on Page 3 revisions from last presentation to the Plan- ning Commission. He pointed out the supplemental de- sign features which are unique to this code. He pointed out on Page 7 the pole cover requirement and address number requirement . g B. Comments from members of the Sign Code Revision Commit- tee : o Jerry Scott, chairman of the Committee, owner of a sign shop, said he feels that the special design features will encourage good design . C. Public Testimony: None '; D. Commission Discussion and Action: o Popp commented on lack of public opposition due to good process, o Tepedino pointed out on Page 3, Line 5, the words "registered mail'" . He wondered if certified mail might not be adequate and cheaper. P' 'i, MINUTES TIGARD PLANNING COMMISSION September 6, 1977 Page 8 o Popp said we will change it to "certified mail" then . Sakata moved and Tepedino seconded for recommendation for adoption to the City Council . The motion was approved by unanimous voice vote. 6. Other Business: 6. 1 Similar Use Interpretation Presentation : Western Racquet Club A. Staff Report : Bolen presented the question of whether a racket club could be considered as a drive-in theater. If SO, then it could be considered for conditional use in a M-3, light industrial zone . He recommends approval of simi- lar use . B. Commission Discussion and Action : . o Sakata thinks the logic is funny to compare a drive- in theater to a racket club. She doesn 't see it as similar because racket club is not open air. o Wood thinks the matter shouldn 't be discussed with- out the applicant present . He said drive-in movies require large spaces and nighttime darkness, so are put in an industrial zone. They can 't go into a commercial zone. He doesn 't see why racket clubs couldn 't go into a commercial zone. o Bolen said the answer was that a large enough parcel was not available. o Tepedino said that since the applicant wasn 't here, the Planning Commission shouldn't consider it, o Bolen said it was just a case of the Planning Corn- mission interpreting their own code, o Popp and Tepedino said they didn 't see any similar- ity between a racket club and a drive-in Movie. o Goldbach said he thought approval depended on loca- tion. MINUTES TIGARD PLANNING COMMISSION September 6, 1977 Page 9 o Bolen said he couldn 't let them apply for a condi- tional use unless the Planning Commission gave him a green light that it is a similar use to the al- lowed conditional use. o Wood suggested that a certain amount of land is re- served for industrial use by the zoning code and that perhaps recreational uses should not cut into this amount. Wood moved and Moore seconded to table so that appli- E' cant could appear at Planning Commission meeting. Motion failed in a voice vote. Goldbach moved and Tepedino seconded for denial . Motion passed in a voice vote. 6.2 Corliss was selected as alternate on the Design Review Board. .. 7. Adjournment : The meeting was adjourned at 10:30 p.m. - . NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION September 6, 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 Waymire, Waverly Construction, for a pre- liminary plan and program review of a residential planned de- velopment 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 32-77 (McBride) NPO 6 A request by Melvin and Victoria McBride for a zone map amendment to change the zoning designation from Washington . County Zoning "RS-1 " to City of Tigard Zoning "R-7, Single Family Residential" for a 1 . 77 acre parcel at 9220 S.W. Dur- ham Road (Wash. Co. Tax Map 2S1 14A, Tax Lot 400) 1r 5.3 Conditional Use CU 22-77 (McDonald's Corp. ) NPO 1 A request by McDonald's Corp. for a conditional use permit to t' operate a drive-thru window for proposed McDonald's restaurant I] in a C-3M, Main Street commercial zone, at S.W. Main and Scof- fins (Wash. Co. Tax Map 2S1 2AA, Tax Lot 903) r 5.4 Conditional Use CU 24-77 (Oregon Beverage Services) NPO 4 fl A request by Oregon Beverage Services, Inc. for a conditional ,1 use permit for retail sales and bottling facility in a '1C-3t° general commercial zone at 11552 S.W. Pacific Highway (Wash. Co. Tax Map 1S1 36DA, Tax Lot 900) 5.5 Conditional Use CU 12-72 (Tigard School Gymnastics) NPO 2 A request by Wayne McClements, Tigard School of Gymnastics, for the extension of a conditional use permit for a gymnastic school in a M-3, light industrial zone at 9800 S.W. Tigard Street (Wash. Co. Tax Map 2S1 2BA. . Lot 300) __._. _..._ _ . , 5.6 Sign Code Revision SCR 1-76 t „, A proposal to amend the Tigard Sign Code (Chapter 16, Ti Bard Municipal Code) to establish free-standing sign size standards according to traffic speed and number of travei lanes and to eliminate free-standing sign sire restrictions F, based on lot frontage. , `' All persons having an interest in the hearing matter are invited to , i appear and submit oral and written testimony or submit written testi- mony in advance of the meeting. t ? (Publish in TT August 31 .1977) NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION September 6, 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 Waymire, Waverly Construction, for a pre- liminary plan and program review of a residential planned de- velopment 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 32-77 (McBride) NPO 6 A request by Melvin and Victoria McBride for a zone map amendment to change the zoning designation from Washington County Zoning "RS-1" to City of Tigard Zoning "R-7, Single Family Residential" for a 1 .77 acre parcel at 9220 S.W. Dur- ham Road (Wash. Co. Tax Map 2S 1 Tax Lot 400) All persons having an interest in the hearing matter are invited to appear and submit oral and written testimony or submit written testi_ m.ony in advance of the meeting. (Publish in TT August 24, 1977) { 4 • STAFF REPORT AGENDA 5 .2 TIGARD PLANNING COMMISSION September 6, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket : Zone Change ZC 32-77 Request : For a zone map amendment to change the zoning designation from Washington County Zoning "RS-l" to City of Tigard "R- 7, Single Family Residential" for a 1.77 acre parcel Location : 9220 S.W. Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lot 400) Applicant : Melvin McBride • I . Findings of Fact : 1. The applicant is requesting the application of the City of Tigard zoning ordinance to a recently annexed, January 18, 1977, 1. 77 acre parcel designated "Urban Low Density Residen- tial" on the Tigard Community Plan, 1971. 2. City of Tigard Ordinance 77-20 (February 28, 1977) directs the Planning Commission to conduct such proceedings as may be necessary to conform the authorized zoning and land use of the parcel to the requirements of the City's zoning map and code. 3. The applicable policy from the Tigard Community Plan, 1971, is as follows : The maximum overall density of development will be four dwel- ling units or 12 persons per gross acre. This amounts to a I' standard of 7, 500 square feet of land per dwelling unit al- lowing for streets and other open space . Some areas will have a lower density owing to topography, existing develop- ment patterns or the desire of individuals to own a larger lot . II . Staff Observations: 1. The site is a flat , open field with the exception of a few deciduous trees and an older home which occupies the front portion of the parcel . Surrounding land uses are single family homes to the west and north, the Kneeland Estates subdivision (undeveloped at this time) to the south, and across S.W. 92nd and to the east the Tigard High School site. STAFF REPORT AGENDA 5.2 f TIGARD PLANNING COMMISSION September 6, 1977 Page 2 2. Water service is available to the site via an eight inch line in S .W. 92nd and a 12 inch line in S .W, Durham Road. Sewerage service is also available from a 12 inch line in Durham Road. 3. S.W. 92nd is in substandard condition and lacking in the necessary right-of-way of 60 feet. However, this additional right-of-way will be needed on the east side of 92nd, and, therefore, at such time as the school district makes appli- cation to expand on their site, dedication of the additional footage necessary will be required of the school district . 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 admin- istration of land use regulations. 2. The proposed R-7 zoning district is compatible with the sur- rounding zoning and conforms to the "Urban Low Density Resi- e , dential" policies of the Tigard Community Plan, 1971, in that it limits the maximum overall density to four dwelling units per acre. 3. The R-7 zoning is the most appropriate designation due to there being no apparent development constraints and the need to efficiently utilize buildable lands in the urban area. IV. Staff Recommendation: Staff recommends approval with the following condition: 1. File with the City Recorder an agreement not to remonstrate against a Local Improvement District for street improvements to S.W. 92nd Avenue. ji 1}"' )s Sir y Y STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION September 6, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket : Conditional Use CU 22-77 Request : To operate a drive-thru window for a proposed McDonalds restaurant in a C-3M, "Main Street Commercial" zone Location: S .W. Main and Scoffins Streets (Wash. Co. Tax Map 2S1 2AA, Tax Lot 903) Applicant : McDonalds Corporation I . Findings : 1. The site is designated "Retail Commercial" on the Neighbor- hood Planning Organization No. 1 Plan and zoned C-3M P.D. , "Main Street Commercial-Planned Development" . 2, On November 10, 1975, the Tigard City Council approved a planned unit development (Payless Shopping Center) on a 7.28 acre parcel at S.W. Main and Scoffins Streets. In- ;., eluded as a part of the approved plan was the provision for future leasable areas as designated on the site plan and indicated in the applicant ' s program narrative. The appli- cant is proposing to use one of these "lease areas" so that he may construct a McDonalds restaurant with a drive-thru window on an approximately 16 ,250 square foot lot in the southwest corner of the planned development . 3. In a C-3M zone a drive-in business offering goods and serv- ices directly to customers waiting in parked motor vehicles requires conditional use permit approval by the Planning Commission. 4. The site is a flat parcel with two large cedar trees lo- cated approximately within the center of the site. The ap- f` plicant site plan gives no indication of whether or not these trees are to be retained. It would appear that these trees would have to be removed in order to avoid im- pairing the movement of traffic as proposed, on the site plan . Surrounding land use to the west and across Scoffins Street is the U.S . Bank building; to the north and across Main Street is One Hour Martinizing; and the Payless Shop- ping Center is to the east and south. IL F'- STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION September em 9 pt be r 6, 1 7 7 Page 2 5. The site plan envisions the drive-thru service lane wrap- ping around the perimeter of the site with parking for ap- proximately 14 cars. Customer parking for walk-in traffic will be located within the interior portion of the parcel . Additional off-street parking within the planned develop- ment is being provided through a contract arrangement with. the Payless Shopping Center. 6. In order to accommodate the proposed drive-thru service lane as shown and not be in violation of code requirements, the applicant would be required to apply for the following variances to the zoning code . a. A variance to Section 18. 58.060 (Standards and Criteria D2(d) . In a commercial zone the front ten feet from the streeting right-of-way is to be landscaped. The applicant is showing a five foot encroachment into this area to accommodate the queuing lane. b. A variance to Section 18.58.060 (Standards and Criteria t D,2(d)2. Tree and shrub planting areas of a minimum of eight feet in width within parking areas shall be pro- vided and maintained at approximately 70 feet on center each way or an aggregate amount . There is no indica- tion on the site plan of this requirement being met . c. A variance to Section 18.60.160 (Access Minimum stand- ards for off-street parking 90 degree angle from curb) . Stall wiath shall be nine feet six inches; overall chan- nel width shall be 19 feet . The applicant has shown stalls varying from nine feet by 17 feet to nine feet by 18 feet, with one stall being 9. 5 feet by 19 feet. 7. Staff has requested the Public Works Department to make a determination as to whether or not the existing radius re turn in the southeast corner of the site and the location of the proposed curb cut for the site access/egress will function as designed. The Engineering Department 's finding was that, when ap proaching . the shopping center from the Main Street access driveway and. turning_.the .corner (at that point where the ac- cess driyeway from Scoffins Street intersects the Main, ;< Street driveway): and heading in a westerly direction in or-a der to .enter the site, the right front wheel of a vehicle (in this case the City van) would touch. the westernmost corner of 4T1 i.r } is STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION September 6, 1977 Page 3 the curb cut . In other words, the maneuver could not be accomplished based on the applicant 's submitted proposal . It is staff's opinion that the curb cut would have to be shifted approximately 20 feet more or less to the west to accommodate the necessary turning movement for vehicles en- tering the site . As a result of relocating the curb cut, there would be a direct conflict between the proposed loca- tion of the parking bays and the access driveway into the site and, correspondingly, effect accessibility to the drive-thru lane. Staff acknowledges the fact that access can be gained from the Scoffins Street entrance, but, by having this serve as the primary access point and placing all the emphasis on this approach, it would tend to further impact from a traf- fic standpoint what may become a difficult situation as • the result of the introduction of a signalized intersection • at Scoffins and Main Streets. 8. Section 18.60. 1.50(b) of the Tigard Municipal Code states : e`y "Service drives shall be designed and constructed to facili- tate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and ve- hicular traffic on the site. " 9. Staff is concerned with that portion of the queuing lane that fronts along the north property line and how it would relate to the east bound traffic on Main Street . During g the evening hours of operation, the light ht from the head- lights of those cars using the drive-thru window would tend to confuse a motorist moving in an easterly direction. This problem could be rectified to a certain degree through the installation of effective landscape screening. However, at that point (intersection of Scoffins and Main Streets) where the impact of the headlights would appear to be the greatest, an additional problem arises . Section 18.12.100, Yard Requirement Exceptions, of the Tigard Municipal Code states "vision clearance areas shall be maintained at all intersections of public streets. The vision clearance area shall be not less than 20 feet on a side except arterial streets ; it shall be not less than 35 feet on a side . Ex- cept for occasional tree trunks and poles, these areas shall be maintained without obstruction of any kind for a vertical distance of between three and eight feet above ground. " ; g JI' tt� • STAFF REPORT AGENDA 5. 3 TIGARD PLANNING COMMISSION September 6, 1977 Page 4 Staff is not convinced that effective landscape screening could be installed to rectify what may be a potential haz- ardous condition and at the same time not result in an en- croachment into the vision clearance cone. 10. The applicant 's attached narrative, "Fazano requirements" , states "that drive-thru windows have been extremely popular with our patrons from a convenience standpoint and also sig- nificantly eases the parking burden for our stores and the adjacent parking areas. " Staff can appreciate the appli- cant 's desire to lessen the parking burden on their stores and adjacent areas; however, staff feels the applicant has failed to demonstrate that a community need would be met as the result of a drive-thru service window being provided at this location . II . Staff Recommendation : Based on the above findings, staff recommends denial . } } i{[;I 1 STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION September 6, 1977 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 24-77 Request: To operate a retail sales and bottling facility in a "C-3 General Commercial Zone" Location: 11552 S.W. Pacific Highway (Villa Ridge) (Wash. Co. Tax Map 1S1 36DA, Tax Lot 900) Applicant: Oregon Beverage Services I. Findings of Fact: 1 . The site is designated "General Commercial" on the Tigard Community Plan, 1971 and zoned C-3 "General Commercial". 2. On August 16, 1977, the applicant requested a similar use interpretation by the Planning Commission that a pop shoppe was similar to those uses permitted as conditional uses within a C-3 zone. The Commission determined that the pop shoppe did meet this criteria and went on record that the pop shoppe would be a conditional use in the C-3 zone. II. Staff Observations: 1 . The northern portion of the parcel is flat with two struc- tures located toward the front of the site. One of these buildings will be retained and used for lease purposes. The southern half of the lot drops off sharply and down into a natural. drainage Swale. The applicant has no imme- diate plans for the development of this area. Surrounding property to the west is Mark 50 Machinery; to the north and across Pacific Highway is the Fred Meyer Shopping Center; to the east Rasmussen's Chevron Service; and to the south the O.F.A. complex. 2. The applicant is proposing to construct a 16,000 square foot building in the northwest corner of the site. Within the confines of the building the applicant proposes to use 2,500 square feet of floor area for retail sales; 20500 square feet would be a production area for mixing and bot- tling of the product; and the remaining 10,000 to 11 ,000 square feet would be for storage and administrative of- fices. STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION September 6, 1977 Page 2 3. The Pop Shoppe is currently operating a retail outlet in the Fred Meyer Shopping Center across Pacific Highway from the proposed site. The operation of the existing business will be discontinued at such time as the new store becomes operational. 4. During testimony received at the August 16., 1977 Planning Commission meeting, the applicant stated that 30 percent of the product was being sold on their other sites, but with the new location that could reach 50 percent; the remainder would be distributed, with the average number of trucks per day being between zero to five. Hours for retail sales would be 10:00 a.m. to 9.00 p.m. (summer) and 10:00 a.m. to 7:00 p.m. (winter). Hours for summer bottling would be 7:00 a.m. to 12:00 midnight (summer) and 7:00 a.m. to 4:00 p.m. (winter). 5. Access to and from the site would be on Villa Ridge (a frontage road that parallels Pacific Highway) . The site is approximately midway between the north and south egress of Villa Ridge with Pacific Highway, which lessens the impact on traffic entering the frontage road or attempting to merge into the Pacific Highway flow. 6. Over the last several years a transition has taken place in the type of business that had previously occupied sites along the frontage road. What before was essentially an industrially oriented mixture of uses is now undergoing a change to commercial retail. The proposed use would be in keeping with this trend, as well as meeting the objectives of the Community Plan as it pertains to site accessibility and minimizing the inherent conflict between the safe, rapid movement of through traffic and shopper traffic on major streets. III. Staff Recommendation: Based on findings of fact and staff observations, staff recom- mends approval. STAFF REPORT AGENDA 5 .5 TIGARD PLANNING COMMISSION September 6, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket : Conditional Use CU 12-72 Request : For extension of a conditional use permit for a gymnastic school in a M-4 , Industrial Park zone Location : 9800 S.W. Tigard Street (Wash. Co . Tax Map 2S1 2BA, Tax Lot 300) Applicant : Tigard Gymnastic School I . Findings: 1. The site is designated "Industrial" on the Neighborhood Planning Organization #2 Plan and zoned "M-4, Industrial Park" . 2. A conditional use permit for the Tigard School of Gymnas- tics was approved on September 19, 1972, by the Tigard Plan- ning Commission under the condition that it be limited to one year and then may be extended with Planning Commission approval. 3. On September 18, 1973, the matter was heard by the Tigard Planning Commission and a two year renewal was granted. Apparently the entire four year renewal period asked was not granted due to some reservations concerning the appro- priate continuation of the school in that location as the Industrial Park continues to expand and fill available va- cant space. • 4. On October 7, 1975, the Tigard Planning Commission approved a request for the renewal of a conditional use permit to operate a gymnastic school for two years, expiration date September 30, 1977. 5. The applicant is again requesting the renewal of a condi- tional use permit to operate the school, this time for a period of five years so that the conditional use permit may run concurrently with a five year lease arrangement with the owner of the property. 6. The location of the school in the project has been changed since the conditional use was originally granted in 1972. STAFF REPORT AGENDA 5. 5 TIGARD PLANNING COMMISSION September 6, 1977 Page 2 The move was in 1974 to the second building to be built in Tigard Industrial Park. The gymnastic school faces Tigard Street and is at the end of the buildin g where conflicts do not occur with the industrial traffic serving the proj- ect . 7. Staff is aware of no particular difficulty caused by the school 's operation in this location since the last renewal of the conditional use permit was granted by the Commis- sion . The daily parking demand for this use does not appear to conflict with the parking needs of the remaining businesses within the industrial park. However, there have been oc- casions when athletic meets held during the weekday have saturated the available parking required for the school . II . Staff Recommendation : Staff recommends approval for the renewal of the conditional use permit for a period of five years. Expiration date Sept- ember 30, 1982. V August 12, 1977 4(/G� FG Mr. Dick Bolen Planning Director City of Tigard 12420 S.W. Main Street Tigard, Oregon 97223 Dear Mr. Bolen, In reference to property located in the City of Tigard in M-3 Industrial zoning, we request a judgement to the effect that indoor racquet clubs would be inter- preted as a similar use to drive-in theaters, which are designated under oonditonal use in the M-3 zone. Drive-in theaters and rao}luet ball clubs are both entertainment facilities designed for use by the general public and therefore should be considered similar. Thank you for your prompt attention to this request. Ali 72 --e.,T /41-Aqi1)20/k2-C__- Roknald G. More, Secretary Western Racquet Club rir aT MEMORANDUM F To: Planning Commission From: Planning Director Subject : Sign Code Revisions Date: September 6, 1977 At the Commission 's August 22 study session the following revisions of the sign code committee's recommendations were sug- gested. Page 3, Section 16.28.010 - The length -)f time given the owner of a non-conforming sign to remol,u the sign would be reduced from 30 days to 15 days. Page 7, Section J - This section would be amended to state that the pole cover requirement would only be required of signs erected after the date of passage of this ordinance and that the required address would be readable from pas- sing automobiles. Page 8, Sections L and M - The requirement that the sign design be prepared by a professional designer would be de- (7 leted. Page 5, last paragraph - The appeal of a planning director decision would have a 20 day deadline. ..