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Planning Commission Packet - 11/01/1977 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. '''' • , ,:,, , , ' ''Il , ■ Jr! r: ,4' AGENTIA Id Tr64RD PLANNING COMMISSION , :'... N..-..,„n-,b.:r 1, rgT" - -7 30 p m High S.......-o,7,1,. tectu,e Room 70'.:,-5 S W Walut St-0.....t TigpId, Oregorl I Car: to 0-der: .p. 2 Roti Ca: 1 il F Approval of Minuts. - ro-4-Tnioatior.s . ' t Public Heorings' „. ,., A Staff Report -'.. :'...:' B Applicant s Presentation .;i. ,. C. Public Testimony k a Proponent s p., k b Opponent's c Cross examination i D Staff Recommendation ,:. ,,..1 a Staff b Cross examination E Commission D4scussion and Action 1 ... , , ,. - r, Zone Change ZC 33-77 (He NPO 4 ., kt .„ . .... A re.1.11st by Carl Hector for a zone map amendment to change the zoning desi q y e I) g g g nation frox Washington County Zoning RU-4 to City of Tigard Zoning "C-Pt Com- mercial-Professional” for a ,4 acre parcel at 7035 S W Hampton Street (Wash, ( / r, Co. Tax Map 2S1 lAC, Tax Lot 1100) !;'1,''.:1 . -. , 2 Zone Change ZC 3(.1-77 (Caffall) NPO 1 . . , A request by R H Caffall for a zone map amendment to change the zoning desig., , ,,g,,.,,,,.,,,,,o, nation from Washington County Zoning RU 4 to City of Tigard Zoning "R 7, Single Family Residential" for a 1 59 acre parcel at the north, side of 100th Street „-, between Ash and McDonald (Wash Co Tax Map 2S1 2CD, TaX Lot 3100) ".: . ,,,:, 440,.,...,,ok,) 3 Zone Change ZC 35-77 (Halverson . ' ., ' NPO7r"-,'-', Y,, A?^,„1444 A re st by W. R Halverson for a zone map amendment to change the ZOning':,,, ' g ue, designation from Washington County Zoning RS:.4- t..(/..b 'ty0f ,:r0r42.40i„,,,,100.,.,,:',,',..,,,,, i0:44.4:;=c,i . t, , .. act :,, , .„ ,4. q t...„ , „4151, single Family Residential for parcels 10t4114-11g: §.-94. 06444. *."..41-''-4'P"--i'!'"::- ' ,' . Suramerorest Drive (Wash. Co Tax Map iS1 34ClYt:TAXL',3,4OtS:! 200,....40I':;-, 012;i4:0I,..-!.R:::'.. ':4:,0AR .4*,,,N11 ', 20 4) '',-T!,iful'',''';'''''',-, ,,' , . ' . ,,' :''''''. .,',,''.'I..,l'.1''';'.:'''.:'1.,"",,;-,,'', ,JT"'-c.:T,,,', ;';''''';',-:':,-,-",'1.:1-,;',,'T''''.4 -2T.'''' ,':f.:::`,;:',"`,,T'.:fl:T",i`,;',‘,?;,,'''"I''''''',iti,i'l;4;111,,,''''■1‘;II:*i,,, :11;i?':f l'I:Tt''''',,T,''''''' ', ''; :-" ' ''',-' , '' . 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Ar ENDA L'CARD PLANNING COMMISSION November I , 19' ' P:;!, 2 5 t Zone Change 7,C .36. 77 (Western Racquet Club) NPO 5 A request by Ron More of Western Racquet Club for a preliminary plan and pry; gram review of an industLial planned development in a M 3, Light Industrial , 3n C 3, General Commercial , zone of parcels totalling 22 75 acre at Ca cien Place and S W Pacific Highway (Wash Co Tax Map 2S1 1BB, Tax Lots 200, 300, 800„ .1700, 1101, 1200, and the southern portion of Lot 400) 5.5 Conditional Use CU 31' 77 (Tigard High School) NPO ., A request by School District No. 23J for a conditional use permit for ad- ditional classrooms in a "5-30, Single Family Residential" zone at 9000 S W Durham Road (Wash Co Tax Map 2S1 14A, Tax Lots 100, 101, 200, 1102, 1201) 5 6 Conditional. Use CU 32 77 (Templeton Elementary School) NPO 6 �{ A request by School District No 23J for a conditional use permit for a new physical education facility at 9500 S W Murdock (Wash. Co Tax Map 251 11A, Tax Lots 2901, 3011) 5. 7 Conditional Use CU 28-77 (Jens Housley) NPO 5 A request by Jens Housley for a conditional use permit for a printing facility in a "M.-4, Industrial Park Planned Development" zone at the northeast corner of S W Varns Road and S W. 72nd Avenue (Wash. Co, Tax Map 2S1 1D, Tax. Lot 900) 5„8 Conditional Use CU 36-77 (Mary 0 Brien', NPO 2 A request by Mary 0 Brien for a conditional use permit for a hair design salon in a C-•P, Commercial Professional, zone for a 25 acre parcel located at 11895 ' S W Greenburg Road (Wash Co . Tax Map 2S1 2AA, Tax Lots 1200, 1500) 5 9 Conditional. Use CU 34, 77 (Tigard Assembly of God Church) NPO 3 }} A request by Tigard Assembly of God Church for a conditional use permit for a parking lot/tennis-basketball facility in a R- 10, Single Family Residential , zone for parcels totalling 83 acres at 11265 S W Gaarde Street (Wash. Co. Tax Map 2S1 3DC, Tax Lots 1400, 1500, 1600, 1700) 5.10 Conditional. Use CU 35- 77 (Wendcorp) NPO 2 A request by Wendcorp of Portland for a conditional use permit for a resta:u rant; and drive, through window in a C 3, General Commercial, zone for a . 96 acre parcel located at S W Pacific Highway and S W McKenzie (Wash Co Tax (' Map 2S1 2BD, Tax Ict 701) AGENDA TIGARD PLANNING COMMISSION November 1, 1977 Page 3 5.11 Conditional Use CU 33-77 (Tarbell Company) NPO 2 A request by Tarbell Company for a conditional use permit to exceed the build- ing height requirement in a C-3, General Commercial, zone for a 1.47 acre par- cel located at S W. Shady Lane near S.W. Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lot 205) 6. Other Business: 7. Adjournment: MINUTES TIGARD PLANNING COMMISSION f; November 1, 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: Popp, Sakata, Goldbach, Corliss, Wood, Moore, Tepedino Absent: Brian (Note: Brian arrived during the communications portion of the meeting. ) Staff: Laws, Edwards 3. Approval of Minutes: Wood questioned the corrections of the minutes of September 20, 1977. The minutes of October 4, 1977 were approved as presented. 4 . Communications: Staff reminded the Commission of the joint study session sched- uled for November 3. 5. Public Hearings: 5 .1 Zone Change ZC 33-77 (Hector) A request by Carl Hector for a zone map amendment to change the zoning designation from Washington County Zoning RU-4 to City of Tigard Zoning "C-P, Commercial- P rofessional for a .4 acre cel r at 0 a P 7 35 S.W. Hampton Street .(Wash. Co. Tax Map 2S1 lAC, Tax Lot 1100) A. Staff Report: Read by Laws B. Applicant's Presentation: Carl Hector, applicant, explained why he was requesting the zone change and asked that the Planning Commission approve the C-P designation. o Peter Davis, Stan Wiley realtors: o Stated that he had been informed the C-P zoning would be permissable when the property was annexed MINUTES TIGARD PLANNING COMMISSION November 1,. 1977 Page 2 o Objected to staff changing their recommendation at this step in the process o Outlined the reasons supporting the zone change. o Charles Haley stated he had earnest money on the prop- erty and requested that the proposal be approved. C. Public Testimony: None D. Staff Recommendation: o Staff reviewed past dealing with the applicant and the status of NPO 4 Plan. Staff recommends that this request be tabled for a maxi- mum of 90 days to allow the NPO to complete their work of drafting a development timing policy. It is staff's intention to have this work with the NPO completed by the first part of November. It is therefore possible, barring any unforeseen difficulties, to have a recommen- dation for the Planning Commission by the meeting sched- uled for November 15, one month hence. o Haley, Hector, and Davis submitted additional testi- mony. E. Commission Discussion: o Laws explained the concept of conversion units and the provision of public facilities in the preliminary NPO 4 Plan. o Wood stated that, given the particular facts, tabling would be an undue hardship for the applicant, and ap- proval would not be detrimental to the city. o Tepedino questioned whether 90 days could be reduced ' to a more reasonable amount. o Popp summarized the situation and asked if staff had any conditions to attach if approved. MINUTES TIGARD PLANNING COMMISSION 4i November 1, 1977 Page 3 o Staff requested that, if the zone change was approved, a half street improvement for S.W. Hampton Street be required. 4" o Haley protested the half street improvement. Wood moved and Brian seconded for approval with staff recommendations based on the use's negligible impact on the area and that NPO 4 policies would not be adopted by the City Council for several months. The motion was approved seven to one, with Sakata dis- senting. 5.2 Zone Change ZC 34-77 (Caffall) No one representing the applicant was present. Sakata moved and Goldbach seconded that the item be tabled to the next available meeting. g The motion was approved by unanimous voice vote. L, 5. 3 Zone Change ZC 35-77 (Halverson) A request by W. R. Halverson for a zone map amendment to change the zoning designation Washington County Zoning ";, RS-1 to City of Tigard Zoning "R-7, Single Family Residen- tial" for parcels totalling 8.91 acres at 12555 S.W. Summer- , crest Drive (Wash. Co. Tax Map 1,51 34CB, Tax Lots 200, 201, , 202, 203, 204) A. Staff Report: , Read by Laws B. Applicant's Presentation: Mrs. Halverson requested approval for zone change in or- der to allow construction of single family homes. ''' C. Public Testimony: i, None 1'; ■ f j t;. ii' 1,4 x !q MINUTES TIGARD PLANNING COMMISSION November 1, 1977 Page 4 D. Staff Recommendation: Based on findings of fact and conclusionary findings, staff recommends approval with the following conditions: 1. File with the city recorder an agreement not to re- monstrate against a Local Improvement District for street improvements to S.W. 121st Avenue. 2 . Five foot dedication of right-of-way be provided along the S.W. 121st Avenue frontage. E. Commission Discussion: o Popp questioned the validity of the conditions since no actual development was being requested. Brian moved and Moore seconded for approval based on staff findings and with staff recommendations. The motion was approved by unanimous voice vote. • 5.4 Zone Change ZC 36-77 (Ron More, Western Racquet Club) St,ti N3 A request by Ron More of Western Racquet Club for a prelimi- nary plan and program review of an industrial planned devel- opment in a M-3, Light Industrial, and C-3, General Commer- cial, zone of parcels totalling 20. 75 acres at Garden Place and S.W. Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax t: Lots 200, 300, 800, 1100, 1101, 1200, and the southern por- tion of Tax Lot 400) A. Staff Report: Read by Laws B. Applicant's Presentation: Ron More, applicant, introduced the architect for the project. Don Stastny narrated a slide presentation, ex- plained the project, outlined the different activities and the flood plain treatment area. He stressed that i. preliminary planned development approval was for concept P' only, not for a specific plan. Stastny agreed that the Hunziker Street access would be r investigated and that a traffic study would be done. $,a • MINUTES TIGARD PLANNING COMMISSION �? November 1, 1977 Page 5ti o Rich Henney, sales engineer, stated the applicant's intent to establish the flood plain and correct fill problems. o Don Puderbaugh addressed the storm drainage problems and stated that an accurate topographical map would be prepared. o Stastny reviewed the program elements and recommended that the Commission grant approval of the concept and use and that, if approved, the applicant had every ;? intention of finding solutions for the problems dis- ;. cussed. C. Public Testimony: o Ann Craig expressed concern over the vacation of S.W. Garden Place and traffic problems. o Wayne Shepherd stated that hazardous conditions al- ready existed on S.W. Hall Boulevard, and this devel- opment would further intensify the problem. D. Staff Recommendation: Based upon the proposal to develop in the flood plain, unresolved access problems and specific deficiencies in the site development plan, staff recommends denial. If the Commission elects to table this proposal, staff recommends that the applicant be required to submit the following: 1. A flood plain fill permit application 2. An analysis of the traffic impacts on adjacent streets, including consideration of eliminating ac. cess to Pacific Highway and utilizing Hall Boulevard and Hunziker Street for this purpose. i `' 3. A site plan associating the recreation facility with 1 the natural environmental features located in the southern portion of the site. If the Commission elects to approve the preliminary plan and program, staff recommends that the applicant be re- quired to provide the following information and that Ar IL 1 . MINUTES TIGARD PLANNING COMMISSION 4 November 1, 1977 Page 6 certain alterations be made to the applicant's general plan and program when submitted for final consideration: 1. A flood plain fill permit application be submitted 2. The site plan be revised to provide access from the southeast corner of the site to Hunziker Street and that access be restricted to Hall Boulevard and Hun- ziker Street. 3. Proposed street construction standards be submitted for S.W. Garden Place (to include the proposed ex- tension of Garden Place to Hall Boulevard) 4. That a petition for the vacation of those portions of S.W. Garden Place as proposed by the developer be submitted to the city recorder. 5. A minor land partition application be made for Tax Lot 400 (Tax Map 2S1 1BB) 6. That a drainage plan be submitted for approval (to pay particular attention to the effect on adjacent sites) . o Ron More stated that Mr. Buttke would be retained to solve the traffic problem and that the proposed uses would be the most acceptable for the city. E. Commission Discussion: o Tepedino cross-examined the applicant, Ron More, and the owner, Dick Lucke, concerning fill in the flood plain. o Dick Lucke explained that the original filling had been done by the State Highway Department and that the fill had been made in about 1963. o Wood received verbal assurance from Evans, the hy- draulic engineer, that the original flood plain ca- pacity would be restored and addressed the appropri- ateness of the street vacation and possible traffic problems. o Tepedino stated that past policy had been to prove the need for flood plain fill before allowing pp ;1 MINUTES TIGARD PLANNING COMMISSION November 1, 1977 Page 7 preliminary approval of a planned development and ex- pressed concern over the impact of this development. o Brian suggested that the matter be tabled until suf- ficient information was received. o Tepedino reiterated that the burden of proof rested with the applicant. o Evans stated that they intended to solve all these problems if they could be given assurance that the uses were desirable by a preliminary approval. o Popp summarized the points of concern. Goldbach moved and Tepedino seconded that the proposal be tabled until the applicant could satisfy the flood plain criteria (hydraulogist report on retention and dispersal of water) and submit traffic analysis, and a site plan negating the impacts. (f, o Wood stated he opposed tabling because of interpre- tation of preliminary planned development approval and that tabling involved unnecessary hearings. The motion failed in a three to five vote, with Popp, Corliss, Wood, Moore, and Brian dissenting. Wood moved and Moore seconded for preliminary approval 4i to be given: Only to the general concept of the PD 2. That approval of location and intensity of use must +' await submission of more detailed plans to include traffic and flood plain studies `11 3. The applicant must be prepared to show that, by en- croaching into the flood plain, the fill will neither decrease the amount of storage capacity nor increase the run-off from the site li 4. And all staff conditions not met by the above condi- tions. o More suggested moving the office complex and recom- mended locating the recreational facilities closer to the open space area. MINUTES TIGARD PLANNING COMMISSION November 1, 1977 Page 8 !I The motion was approved in a five to three vote, Tepe- dino, � P dino, Sakata, and Goldbach. dissenting. 5. 5 Conditional Use CU 31-77 (Tigard High School ) A request by School District No. 23J for a conditional use permit for additional classrooms in a "R-30, Single Family Residential" zone at 9000 S.W. Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lots 100, 101, 200 , 1102, 1201) A. Staff Report: Read by Laws B. Applicant's Presentation: o Deb Fennell, applicant, introduced the project archi- tect. o John Schellning, architect, explained the proposed expansion. o Fennell stated that the expansion was minimal and was not increasing the use significantly, outlined the past action for the site, objected to the dedication and street improvements, and itemized cost in compari- son to the amount of improvement. C. Public Testimony: None D. Staff Recommendation: F: o Staff stated that the city attorney recommended that the item be tabled until he could review the appli- cant 's legal counsel memo. If the Planning Commis- sion wished to proceed, however, staff's recommenda- tions would be as follows: Based on findings of fact and conclusionary findings, staff recommends approval with the following condi i tions: 1. 25 feet of right-of-way be provided along the Durham Road frontage. 11 MINUTES TIGARD PLANNING COMMISSION November 1, 1977 Page 9 2 . Five feet of right-of-way be provided along the S.W. 92nd Avenue frontage. 3. That within three years (November, 1980) a half street improvement for 92nd Avenue be built to City standards along the entire length of the senior high west property line. o Staff and the applicant addressed the validity of the conditions. E. Commission Discussion: o Sakata stated that a conflict of interest existed and that she would not participate in this item. o Brian agreed with the staff recommendations but stated the need for legal clarification. Brian moved and Tepedino seconded for tabling until the City's legal counsel has reviewed the school district's ( memorandum and rendered an opinion. The motion was approved with one abstention--Sakata. 5.6 Conditional Use CU 32-77 (Templeton Elementary School) • A request by School District No. 23J for a conditional use permit for a new physical education facility at 9500 S.W. Murdock (Wash. Co. Tax Map 2S1 11A, Tax Lots 2901, 3011) A. Staff Report: Read by Laws B. Applicant's Presentation: Deb Fennell outlined the project and stated that they had no objection to the pathway system. C. Public Testimony: o Marie Reiling, 9095 S.W. Sattler Road, objected to drainage from the school property onto her proposed subdivision, Launa Lynda Park. MINUTES TIGARD PLANNING COMMISSION November 1, 1977 Page 10 D. Staff Recommendation: Staff recommends approval with the following condition: 1. That a pedestrian pathway, beginning at the access point from the Launda Lynda subdivision to the school playground, be extended in a northerly direction connecting with the Templeton School buildings, lo- cation of path be subject to school district approval. E. Commission Discussion: Discussion on drainage problems o Sakata stated that she would be abstaining on this matter because of a conflict of interest. o Tepedino asked if the applicant could avoid aggravat- ing the existing drainage problem. o Fennell agreed to this solution. l` fy Tepedino moved and Brian seconded for approval based on staff conditions, including that with sta . staff findings and w g 2. The applicant take such measures as necessary so as not to increase the amount of storm water drainage onto the adjacent property to the east. The motion was carried with one abstention--Sakata. 5. 7 Conditional Use CU 28-77 (Housley) A request by Jens Housley for a conditional use permit for a printing facility in a "M-4, Industrial Park Planned Develop- ment" zone at the northeast corner of S .W. Varna Road and S.W. 72nd Avenue (Wash. Co. Tax Map 2S1 1T), Tax Lot 900) A. Staff Report: Read by Laws B. Applicant 's Presentation: Jens Housley, architect, stated that there would be no , excessive noise pollution generating from the use 'j dr t; MINUTES TIGARD PLANNING COMMISSION November 1, 1977 E' Page 11 C. Public Testimony: None D. Staff Recommendation: Staff recommends approval. E. Commission Discussion: Goldbach moved and Brian seconded for approval based on staff findings and with staff recommendation. The motion was approved by unanimous voice vote. 5. 8 Conditional U e CU 36-77 (O'Brien) A request by Mary O'Brien for a conditional use permit for a hair design salon in a C-P, Commercial Professional, zone for a . 25 acre parcel located at 11895 S.W. Greenburg Road (Wash. Co. Tax Map 2S1 2AA, Tax Lots 1200, 1500) A. Staff Report: Read by Laws B. Applicant's Presentation: Mary O'Brien, applicant, outlined the proposal. C. Public Testimony: None D. Staff Recommendation: Staff recommends approval. E. Commission Discussion: `;] o Sakata questioned availability of parking. ;I Brian moved and Wood seconded for approval based on staff findings and with staff recommendation. The motion was approved by unanimous voice vote. 1 MINUTES TIGARD PLANNING COMMISSION November 1, 1977 Page 12 5.9 Conditional Use CU 34-77 (Tigard Assembly of God) A request by Tigard Assembly of God Church for a conditional use permit for a parking lot/tennis-basketball facility in a R-10, Single Family Residential, zone for parcels totalling .83 acres at 11265 S.W. Gaarde Street (Wash. Co. Tax Map 2S1 3DC, Tax Lots 1400, 1500, 1600 , 1700) A. Staff Report: Read by Laws B. Applicant's Presentation: Pastor Hultgren, applicant, explained the multi-purpose aspect of the conditional use. C. Public Testimony: o Bob Faccett, neighbor, objected to possible noise and light from such a facility. D. Staff Recommendation: Staff recommends approval with the following conditions: 1. That ten feet of right-of-way be dedicated along the Gaarde Street frontage of Tax Lot 1000 . 2. File with the city recorder an agreement not to re- monstrate against a Local Improvement District for street improvements to S.W. Gaarde Street. o Staff stated that a buffer would be required during the design review process. E. Commission Discussion: o Discussion on impact on the neighborhood. o Moore questioned the need for two flood lights on the property. Tepedino moved and Goldbach seconded for approval based on staff findings and with staff conditions and with ex- pressed instructions to Design Review to protect adjoin- ni.ng properties from noise and nuisance. MINUTES TIGARD PLANNING COMMISSION November 1, 1977 Page 13 o Wood clarified that the conditional use did not in- clude lighting for the purpose of nighttime use of the facility. The motion was approved by unanimous voice vote. 5 . 10 Conditional Use CU 35-77 (Wendcorp) A request by Wendcorp of Portland for a conditional use per- mit for a restaurant and drive-through window in a C-3, Gen- eral Commercial, zone for a .96 acre parcel located at S.W. Pacific Highway and S.W. McKenzie (Wash. Co. Tax Map 2S1 2BD, Tax Lot 701) A. Staff Report: • Read by Laws o Staff presented a late addition to the market analysis. B. Applicant 's Presentation: Denton Holmes, applicant's representative, narrated a { slide presentation depicting the market analysis, archi- tecture, and landscaping. o Jack Lee, representing Wendy's, addressed the need for another fast food restaurant and stated that Wendy's would create their own market, employing 40 to 50 people. C. Public Testimony: o Bill Manning, responsible for the market analysis, offered to answer questions. D. Staff Recommendation: Staff asked that the recommendation for denail be de- leted and that the matter be tabled until the status of S.W. McKenzie had been determined by the City Council or �[i MINUTES Y TIGARD PLANNING COMMISSION November 1, 1977 Page 14 If the Commission elects not to deny the request as re- commended, staff recommends that the request be tabled to allow resolution of the status of McKenzie Street. If the Commission elects to approve the request, staff recommends that: 1. A half street improvement to local street standards be made along the McKenzie Street frontage. No building permits will be issued until construction drawings have been submitted to the public works de- partment and the necessary bond filed. 2. Five feet dedication of right-of-way be provided along the McKenzie Street frontage. 3. The site plan be amended to decrease the vast amount of asphalt as shown and the applicant explore the possibility of grouping the proposed uses (restau- rant and professional office) . E. Commission Discussion: o Popp agreed with the tabling because of the traffic problem on S.W. McKenzie. o Tepedino expressed concern on traffic generation and pedestrian safety. o Staff stated that these questions should be resolved. o Brian expressed concern over a possible stack-up of cars trying to enter the highway. i, o Wood requested that a comprehensive traffic analysis be done before, further deliberation. Wood moved and Goldbach seconded to table until the ap- plicants could present a comprehensive traffic study to include: Ej 1. The effects of traffic on S.W. McKenzie 2. Possible effects of the development on that traffic ,;I flow i<a 4ra. r I1 4 MINUTES re" TIGARD PLANNING COMMISSION November 1, 1577 Page 15 3. Alternate proposals for exiting and their effect on the traffic flow 4 . A solution for traffic flow on McKenzie Street. The motion was carried seven to one, with Corliss dis- senting. 5.11 Conditional Use CU 33-77 (Tarbell Company) A request by Tarbell Company for a conditional use permit to exceed the building height requirement in a C-3, General Com- mercial, zone for a 1.47 acre parcel located at S.W. Shady Lane near S.W. Greenburg Road (Wash. Co. Tax Nap 1S1 35B, Tax Lot 205) A. Staff Report: Read by Laws B. Applicant's Presentation: Phil McCurd y, project architect, presented the proposal and outlined the need for increased height. C. Public Testimony: o Staff read a letter from Donald C. Burdick into the record. D. Staff Recommendation: Based on findings of fact and conclusionary findings, staff recommends approval with the following condition: 1. A half street improvement to local street Standards be made on the S.W. Shady Lane frontage. No building permits will be issued until construction drawings have been submitted to the public works department and the necessary bond filed. E. Commission Discussion: Wood moved and Moore seconded for approval based on staff f findings and with staff recommendation. { The motion was approved by unanimous voice vote. MINUTES °`" TIGARD PLANNING COMMISSION November 1, 1977 Page 16 6. Other Business: o Tepedino requested that information be obtained by staff on the fill question for the Western Racquet Club property. o Corliss requested information on the PD ordinance. o Popp brought to the attention of the Commission the need for attendance at meetings. Fr, 7. Adjournment: There being no other business, the meeting was adjourned at 12:35. x.11 { I,. I, NOTICE OF PUBLIC HEARING s TIGARD PLANNING COMMISSION !; November 1, 1977 - 7:30 P.M. 4, Fowler Junior High School - Lecture Room 10865 SW Walnut Street - Tigard, Oregon '1 5. Public Hearings: 5.1 Zone Change ZC 36-77 (Western Racquet Club) NPO 5 A request by Ron More of Western Racquet Club for a preliminary plan and program review of an industrial planned development in a M-3, Light Industrial, and C-3, General Commercial zone, of parcels totaling 22.75 acres at Garden Place and SW Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots 200, 300, 800, 1100, 1101, 1200, and the southern portion of lot 400. ) 5.2 Conditional Use CU 36-77 (Mary O'Brien) NPO 2 A request by Mary O'Brien for a conditional use permit for a hair design salon in a C-P, Commercial Professional zone, for a .25 acre parcel located at 11895 SW Greenburg Road (Wash. Co. Tax Map 2S1 2AA, Tax Lots 1200 & 1500.) 5.3 Conditional Use CU 34-77 (Tigard Assembly of God Church) NPO 3 ' A request by Tigard Assembly of God Church for a conditional use in tennis-basketball facility in a 'R-10 permit for a parking lot/tennis-basketball facility , Single Family Residential zone, for parcels totaling .83 acres at 11265 SW Gaarde Street (Wash. Co. Tax Map 2S1 3DC, Tax Lots , `; 1400, 1500, 1600, & 1700.) ti 5.4 Conditional Use CU 35-77 (Wendcorp) NPO 2 A request by Wendcorp of Portland for a conditional use permit for a restaurant and drive through window in a C-3, General Commercial zone, for a .96 acre parcel located at SW Paeific Highway and SW McKenzie (Wash. Co. Tax Map 2S1 2BD, Tax Lot 701.) 5.5 Conditional Use CU 33-77 (Tarbell Company) NPO 2 A request by Tarbell Company for a conditional use permit to excede the building light requirement in a C-3, General Commercial zone, for a 1.47 acre parcel located at SW Shady Lane near SW Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lot 205.) All persons having an interest in the heating matter are invited to appear and submit oral and written testimony or submit written testimony in advance of the meeting. (Publish TT 4,0261-71)•,,. if y { r NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION November 1, 1977 - 7:30 P.M. 11 Fowler Junior High School - Lecture Room 10865 SW Walnut Street - Tigard, Oregon 5. Public Hearings: (./(1 /1// 5.1 Zone Change ZC 36-77 (Western Racquet CAI NPO 5 A request by Ron More of Western Racquet Club for a preliminary plan and program review of an i.ndlOtrial planned development in a M-3, Light Industrial, and C-3, General Commercial zone, of parcels totaling 22.75 acres at Garden Place and SW Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots 200, 300, 800, 1100, 1101, 1200, E. and the southern portion of lot 400.) All persons having an interest in the hearing matter are invited to appear and submit oral and written testimony of submit written testimony in advance of the meeting. (Publish TT -.1-03' 1 is 1:I r,+i it ti VA ky7 NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION November 1, 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 33-77 (Hector) NPO 4 A request by Carl Hector for a zone map amendment to change the zoning designation from Washington County Zoning RU-4 to City of Tigard Zoning "C-P, Commercial-Professional" for a .4 acre parcel at 7035 S.W. Hampton Street (Wash. Co. Tax Map 2S1 LAC, Tax Lot 1100) 5.2 Zone Change ZC 34-77 (Caffall) NPO 1 A request by R. H. Caffall for a zone map amendment to change the zoning designation from Washington County Zoning RU-4 to City of Tigard Zoning "R-7, Single Family Residential" for a ;! 1.59 acre parcel at the north side of 100th Street between Ash and McDonald (Wash. Co. Tax Map 2S1 2CD, Tax Lot 3100) 5. 3 Zone Change ZC 35-77 (Halverson) NPO 7 A request by W. R. Halverson 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 Residen- . tial" for parcels totalling 8 .91 acres at 12555 S.W. Summer- s. crest Drive (Wash. Co. Tax Map 1S1 34CB, Tax Lots 200, 201, 202, 203, 204) 5.4 Zone Change ZC 36-77 (Western Racquet Club) NPO 5 A request by Ron More of Western Racquet Club for a prelimi- nary plan and program review of an industrial planned devel- opment in a M-3, Light Industrial, and C-3, General Commer- cial, zone of parcels totalling 22.75 acres at Garden Place ;! and S .W. Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots 200, 300, 800, 1100, 1101, 1200, and the southern por- tion of Lot 400) 5.5 Conditional Use CU 31-77 (Tigard High School) NPO 6 { A request by School District No. 23J for a conditional use ;j permit for additional classrooms in a "R-30, Single Family - 1 Residential" zone at 9000 S.W. Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lots 100, 101, 200, 1102, 1201) ti to NOTICE OF PUBLIC HEARING TIGARD PLANNING COMMISSION November 1, 1977 Page 2 5.6 Conditional Use CU 32-77 (Templeton Elementary School) NPQ 6 A request by School District No. 23J for a conditional use permit for a new physical education facility at 9500 S.W. Murdock (Wash. Co. Tax Map 2S1 11A, Tax Lots 2901, 3011) 5. 7 Conditional Use CU 28-77 (Jens Housley) NPO 5 A request by Jens Housley for a conditional use permit for a printing facility in a "M-4, Industrial Park Planned Develop- ment" zone at the northeast corner of S.W. yarns Road and S.W. 72nd Avenue (Wash. Co. Tax Map 2S1 1D, Tax Lot 900) 5. 8 Conditional Use CU 36-77 (Mary O'Brien) NPO 2 A request by Mary O'Brien for a conditional use permit for a hair design salon in a C-P, Commercial Professional, zone for a .25 acre parcel located at 11895 S.W. Greenburg Road (Wash.. Co. Tax Map 251 2AA, Tax Lots 1200, 1500) 5.9 Conditional Use CU 34-77 (Tigard Assembly of God Church) NPO 3 A request by Tigard Assembly of God Church for a conditional use permit for a parking lot/tennis-basketball facility in a R-10, Single Family Residential, zone for parcels totalling . 83 acres at 11265 S.W. Gaarde Street (Wash.. Co. Tax Map 2Sl 3DC, Tax Lots 1400, 1500, 1600, 1700) 5.10 Conditional Use CU 35-77 (Wendcorp) NPO 2 A request by Wendcorp of Portland for a conditional use per- mit for a restaurant and drive-through window in a C-3, Gen- eral Commercial, zone for a .96 acre parcel located at S.W. Pacific Highway and S.W. McKenzie (Wash. Co. Tax Map 2S1 2BD, Tax Lot 701) 5. 11 Conditional Use CU 33-77 Tarbell Company) NPO 2 A request by Tarbell Company for a conditional use permit to exceed the building height requirement in a C-3, General ;1 Commercial, zone for a 1.47 acre parcel located at S.W. Shady Lane near S.W. Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lot 205) NOTICE OF PUBLIC HEARING t; TIGARD PLANNING COMMISSION November 1, 1977 Page 3 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 10-26-77) :rp dF STAFF REPORT AGENDA 5 . 1 TIGARD PLANNING COMMISSION November 1, 1977 7:30 p,m, Fowler junior High School - Lecture Room 10865 S.W. Walnut St.. - Tigard, Oregon Docket: Zone Change ZC 33-77 Request: For a zone map amendment to change the zoning designation from Washington County RU-4 to City of Tigard "C-P, Com- mercial Professional" for a .40 acre parcel Location: 7035 S .W. Hampton Street. (Wash. Co. Tax Map 2S1 lAC, Tax Lot 1100) Applicant: Carl Hector I. Findings of Fact: 1. The site is a flat parcel with a house located on the pre- mises. A home occupation (sale of house plants) is cur- rently being conducted from out of the house. Surrounding land uses are single family residential to the north and east, professional offices to the south and across Hampton Street and a vacant lot to the west. 2. Water service is available to the site via an eight inch line in S .W. Hampton Street. Sanitary sewer is available to the site via an eight inch line in Hampton Street. The house is currently on a septic tank system. 3. S.W. Hampton is designated a collector street on the Tigard Community Plan, 1971 and NPO #4 draft plan. Required right-of-way for a collector street is 60 feet. There presently exists the necessary right-of-way. However, S.W. Hampton is in substandard condition (no curbs, sidewalks, street lights, etc. ) . 4 . The applicant is requesting the application of the City of Tigard zoning ordinance to a recently annexed (September 21, 1977) , .40 acre parcel designated "Residential-Commer- cial" on the Tigard Community Plan, 1971 and proposed as Office Park on the yet to be adopted NPO #4 Plan 5 . The applicable policies from the draft NPO #4 Plan are the following: Policy 22. In the Triangle Office Park developments on single parcels ' j of Zess than one acre will be discouraged. r, I STAFF REPORT AGENDA 5 .1 TIGARD PLANNING COMMISSION November 1, 1977 Page 2 Policy 23. Within the Office Park area supportive uses such as eating, entertainment, motel, and convention facilities are condi- tional uses, subject to the Planning Commission finding that compatibility with adjacent development is assured and there is a need within the Office Park area for the proposed use. 6 . In addition to Policies 22 and 23, the NPO is proposing a specific recommendation to protect the established residen- tial areas and to ease the process of conversion from resi- dential to office use. This recommendation states : In the Triangle the most viable residential areas have been identified and are slated for protection until 75 percent of the owner occupants elect to allow their "conversion unit" to be redeveloped according to the uses specified on the plan map. The conversion units are deline- ated on the plan map. The subject lot is within Conversion Unit #5 on the draft NPO #4 Plan. 7. The NPO is currently formulating a development timing policy. The purpose is to assure that the conversion of the Triangle from residential to commercial and industrial use will occur C`r J in step with the placement of the necessary public facili- ties. The development trend now taking place in this area is to permit up-zoning to a more intensive use without as- suring that adequate public facilities (primarily streets) are available or to be provided. The NPO is concerned that, if development is permitted to continue without requiring or assuring that street improvements will take place, the public will eventually inherit the burden of providing the improvements made necessary by the conversion to commercial development. II . Conclusionary Findings: 1. The requested use conforms to the long range planning desig- nation for this area but raises several development timing issues which should be resolved before the zoning is up- graded. The time has arrived to set down firm policies for the continued development of this area, which will ultimately contain a larger geographic area for office development than the Portland Central Business District. The NPO is cur- rently working on these policies, and their recommendation STAFF REPORT AGENDA 5 .1 TIGARD PLANNING COMMISSION +November: 1, 1977 Page 3 will be forthcoming within the next 30 to 90 days. Within this period of time the NPO should be able to recommend on whether to exclude this property from Conversion Unit #5 and a proposed policy for synchronizing the provision of public facilities (in this case, street improvements) to the continued development of this area. 2. Policy 22 of the NPO draft plan states that "developments on single parcels of less than one acre will be discouraged. " The less than one half acre size of the subject parcel places it well below the one acre minimum. In cases where there is no alternative for aggregation of properties, techniques to mitigate the effects of small lot development, such as shared access, common parking, reduced side line setbacks, etc. , should be employed. III. Staff Recommendation: 1. Staff recommends that this request be tabled for a maximum of 90 days to allow the NPO to complete their work of draft- ing a development timing policy. It is staff's intention to have this work with the NPO completed by the first part of November. It is therefore possible, barring any unfore- seen difficulties, to have a recommendation for the Plan- ning Commission by the meeting scheduled for November 15, one month hence. C 1 f`. STAFF REPORT AGENDA 5 .2 TIGARD PLANNING COMMISSION November: 1 , 1977 - 7: 30 p.m. Fowler Junior High School -- Lecture Room 10865 S .W. Walnut 'St.• - Tigard, Oregon Docket : Zone Change ZC 34-77 Request : For a zone map amendment to change the zoning designation frow Washington County RU-4 to City of Tigard "R-7, Single Family Residential" zone for a 1.59 acre parcel Location : North side of 100th Street between Ash and McDonald (Wash . Co. Tax Map 2S1 2CD, Tax Lot 3100) Applicant : Richard Caffall I . Findings of Fact : 1. The applicant is requesting the application of the City of Tigard zoning ordinance to a recently annexed, August 24, 1977, 1. 59 acre parcel, designated "Urban Low Density Resi- dential" on the NPO #1 Plan . 2. City of Tigard Ordinance 77-85 (September 26 , 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 'NPO #1 Plan is' as follows: 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 density owing to topography, existing development patterns or the desire of individuals to own a larger lot. II . Staff Observations : 1. The site is a vacant , gently sloping (south to north) par- cel. Surrounding land uses are single family residential to the south, east , and west ; to the north is the Berea sub- division (presently under construction) . 2 . Water service is available to the site via an eight inch line in McDonald, a six inch line in 100th, and a 12 inch line in Ash. Sanitary sewer service is currently not 1 STAFF REPORT � , AGENDA 5 .2 3 TIGARD PLANNING COMMISSION NoVetnber' 1, 1977 1 Page 2 available to the site, and a line would have to be extended . from the north. 1 { 3. S .W. 100th and S .W. Ash Streets are designated on the NPO #1 Plan as local streets and requiring 50 feet of right-of-way. S .W. Ash Street currently lacks the necessary right-of-way; therefore, an additional five feet of dedication would be required. S .W. McDonald is designated a collector street, requiring 60 feet of right--of-way. S .W. McDonald is cur- ';r rently on a 40 foot right-of-way. An additioal ten foot dedication would be required. Presently all three streets are substandard, lacking curb, sidewalks, and lighting. '? III . Conclusionary Findings : 1. There exists a public need to apply City of Tigard zoning s to all parcels of land in the city in order to ease the ad- ministration of land use regulations and assure consistency throughout the city . 2. The proposed R-7 zoning district is compatible with the sur- rounding zoning and conforms to the "Urban Low Density Resi- dential" policies of the NPO #1 Plan in'-that it limits the maximum overall density to four dwelling units/ acre and, with the attachment of appropriate conditions, the tl adequate provision of public services to serve the proposed 5 development can be assured. 3. The extension of a sanitary sewer line to the site would be necessary before this parcel could develop . ;' IV. Staff Recommendation: f;, Based on the Findings of Fact and Conclusionary Findings, staff recommends approval subject to the following conditions: 1 1. Ten feet be dedicated along the McDonald Street frontage 4. and five feet be dedicated along the Ash Street frontage . 2 . File with the City Recorder an agreement not to remonstrate against a Local Improvement District for street improve- ments to S.W. McDonald, S.W. 100th, and S.W. Ash Streets . `' f l' 1 i STAFF REPORT AGENDA 5 . 3 TIGARD PLANNING COMMISSION November' 1„ 1977 - 7: 30 p .m. Fowler Junior High School - Lecture Room 10865 S .W. Walnut St. - Tigard, Oregon Docket : Zone Change ZC 35-77 Request : For a zone map amendment to change the zoning designation from Washington County RS-1 to City of Tigard "R--7, Single Fam i ly Residential" zone for parcels totalling 8.91 acres Location: 12555 S.W. Summercrest Drive (Wash. Co. Tax Map 1S1 34CB, Tax Lots 200, 201, 202, 203, 204) Applicant : William R. Halvorson I . Findings of Fact : 1. The applicant is requesting the application of the City of Tigard Municipal Code to five tax lots totalling 8.91 acres, annexed into the City of Tigard on August 25, 1976 and des- ignated "Urban Low Density Residential" on the Tigard Com- munity Plan, 1971. 2. City of Tigard Ordinance 76-40 (September 27, 1976) 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 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 density owing to topography, existing development patterns or the desire of individuals to own a larger lot. II . Staff Observations: 1. The site is relatively flat with a home located in the western end of T/L 200. Surrounding land uses are single family residents to the east and south, a vacant parcel to the west, and an orchard to the north . 2. Water service is available to the site via an eight inch line in S . V . 121st . Development within the entire area on STAFF REPORT AGENDA 5 . 3 TIGARD PLANNING COMMISSION Novem-ber' 1, 1977 Page 2 the west side of 121st is on septic tank systems. Sewerage service would have to be extended from the east and across 121st via an eight inch line in Burlheights Street at such time as these parcels are developed. 3. S.W. 121st is designated on the Tigard Community Plan, 1971 as a collector street . The necessary right-of-way for a collector street is 60 feet minimum width. S .W. 121st is currently on a 50 foot right-of-way. Therefore, an addi- tional five feet of dedication 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 consistency throughout the city. 2. The proposed R-7 zoning district is compatible with the sur- rounding zoning and conforms to the "Urban Low Density Resi- dential" 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 pro- posed development can be assured. 3. The extension of a sanitary sewer line to the site would be necessary before these parcels could develop . IV. Staff Recommendation : Based on Findings of Fact and Conclusionary Findings, staff recommends approval with the following conditions: 1. File with the City Recorder an agreement not to remonstrate against a Local Improvement District for street improvements to S .W. 121st Avenue. 2. Five foot dedication of right-of-way be provided along the S.W. 121st Avenue frontage. >I STAFF REPORT AGENDA 5 .4 {+ TIGARD PLANNING COMMISSION November 1, 1977 - 7 :30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon it Docket: Zone Change ZC 36-77 Request: For a preliminary plan and program review of an industrial planned development in a M-3, Light Industrial, and C-3 , General Commercial, zone of parcels totaling 20 .75 acres Location: S.W. Garden Place and S.W. Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots 200, 300, 800, 1100, 1101, 1200, and the southern portion of Tax Lot 400) Applicant: Ron More (Western Racquet Club) I. Basic Facts: 1. The applicant is requesting preliminary review of a two phase commercial, commercial-professional, industrial plan- ned development on parcels totaling 20.75 acres in accord- ance with Section 18.56.020 of the Tigard Municipal Code. 2 . Section 18.56.010 of the Tigard Municipal Code states that: Purpose. The purpose of the planned development district is to provide opportunities to create more desirable environments through the appli- }' cation o f diversified and diversi ied land development standards under a .f p comprehensive plan and program professionally prepared. The planned p p p ,. development district is intended to be used to encourage the applica- tion of new techniques and new technology to community development which will result in superior living or develo p ment arrangements with lasting values. Tt is further intended to achieve economies in land development, maintenance, street systems, and utility networks while providing building groupings for privacy, usable and attractive open well-being the. inhabitants. spaces, safe circulation, and the general g o f 3 . Section 18 .56 .020 provides for preliminary plan and program review by the Planning Commission and requires that such re- view be based upon the comprehensive plan, the standards of this title and other regulations, and the suitability of the proposed development in relation to the character of the area. 4. The site is presently zoned C-3 (General Commercial) and M- 3 (Light Industrial) and designated Retail Commercial and Light Industrial on the Neighborhood Planning Organization kiJ • STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION November 1, 1977 Page 2 No. 5 Plan. Applicable policies from the Plan are as fol- lows: Policy 20: In the interest of safety and efficiency, the number of highway access points must be kept to a minimum. Wherever possi- ble, businesses on Pacific Highway should be clustered and share common parking facilities and driveways. As new development oc- curs, the number of access points should not exceed the number necessary for proper on-site traffic circulation and, where pos- sible, should be combined with access to adjacent businesses. Policy 25: Limit the amount of commercial development to occur in the industrial area, allowing only some growth of existing retail and service commercial in the area. 5 . Applicable policies from the Environmental Design and Open Space Plan: Policy 3: The City shall restrict alteration of natural drainageways unless it can be demonstrated that the benefits are greater than the detrimental effects. Other jurisdictions in the Fanno Creek Basin shall be encouraged to do the same. Policy 5: The City shall adopt an ordinance to regulate the removal and/or replacement of existing natural vegetation in designated areas (flood plains, drainageways, areas of high visibility, unique habitats or rare species). Significant trees or stands of timber shall also be protected. Policy 6: Require a site development report (e.g., hydrology, soils, geology) for major projects in designated areas and a statement reflecting methods to be used to minimize the run-off erosion impact of the development on the surrounding area and downstream properties. Policy 7: Retain the 100 y ear flood plain of Fanno Creek,eek, Zts tribu- taries, and the Tualatin River as an open preserve (greenway). The greenway shall be established as the backbone of the open space network and, when a direct public benefit can be derived, i.e., when adjacent residential development, the greenway should be developed for passive recreation and pedestrian/bike travel. r:a II. Findings: 1. The chairman of NPO 5 has been made aware of the proposal, and there has been no comment or recommendation on this pro- ject by the NPO. d 1E STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION November 1, 1977 Page 3 2. The proposed planned development would contain a three-story, 36,000 square foot commercial office building to be located in the northeastern portion of the site; a 107,900 square foot recreation facility (containing 20 racquetball courts, ten indoor tennis courts, and 12 automatic ball machine tennis alleys) Situated i the. central. portion of the site; and eight (8) warehouse/office buildings (varying between 14,600 and 16,100 square feet, for a total of 127,300 square feet, located in the south end of the parcel. The proposed development is being planned in two phases. The first phase will consist of ground preparation and the construction of the commercial office and recreation facili- ties. Phase II will be the construction of the light indus- trial complex. 3. The site slopes from the north to the south, dropping from 212 feet MSL at Pacific Highway to 150 feet MSL at the south property line. Considerable earth fill has taken place on the upper portion of the site, resulting in a tier. effect. The applicant envisions locating the commercial offices and recreation facility on the newly created fills. The south- ern portion of the site is relatively flat and contains a pond. Red Rock Creek, which flows out of the northeast and passes under Highway 217, continues through the southeast portion of the parcel and serves as the primary source of water for the pond. Crystal Lake, which was formerly in the southeastern corner of the site, has been graded over. 4. The site is surrounded on the east by Highway 217; to the south by industrial development and single family residen- tial (southwest) ; to the west and across Hall Boulevard are apartments; and to the north retail stores, a service sta- tion, and Pacific Highway. 5 . The 100 ear flood plain is at approximately p pproximately 155 feet (MSL) . This represents approximately 32 percent, or 6 .6 acres, of the site being within the flood plain. In order to provide + ! for the placement of the industrial/office buildings, the applicant is proposing a substantial encroachment into the flood plain. To accomplish this proposal, the applicant must obtain flood plain fill permit approval. 6. Staff is concerned with the proposed encroachment into the flood plain and feels that there are alternative site de- velopment proposals that could be developed that are more 1` [ 1 �■►�,. --- lid STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION November 1, 1977 Page 4 sensitive to the natural environment and would seek to avoid having development occur to the intensity that is be- ing proposed within the flood plain. 7. The applicant is proposing to develop a portion of Tax Lot 400 for "overflow parking" purposes. In order to do this, a minor land partitioning of Tax Lot 400 will be required. 8. Water service is available to the site via a 12 inch line in Pacific Highway and an eight inch line in S.W. Garden Place. Sanitary sewer is also available via a 15 inch line which crosses under Highway 217 at the southeast corner of the site. 9 . The proposed access to the site would be from Pacific High- way and Hall Boulevard. S.W. Garden Place is in substandard condition (no sidewalks, curbs, etc. ) . The applicant pro- poses to vacate a portion of Garden Place to accommodate the locating of the industrial buildings in this area. The Hall Boulevard access will be provided via a 50 foot dedication of right-of-way to the west which will result in the exten- sion of Garden Place to Hall Boulevard. The Oregon State Highway Division has had an opportunity to review the proposal and has requested that the developer provide them with a traffic analysis to determine the impact of access/egress on Pacific Highway and Hall Boulevard. Staff has also learned that another access point from the site is available vis-a--vis an access agreement which was signed and recorded in May, 1967, allowing access from the southeast corner of the site through properties abutting to the south onto S.W. Hunziker. The agreement provides for a 60 foot easement that would be dedicated for street right- of-way purposes by the signers of the agreement at such time as it is deemed necessary by the County or City. A portion of this easement between the Partex and Tigard Distribution Center has been paved but is without curbs and sidewalks. The Tualatin Rural Fire Protection District has stated that "the turning radius onto Garden Place from Pacific Highway is too short for emergency response, and the steep slope could present some serious problems in winter conditions. " i STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION November 1, 1977 Page 5 Staff is concerned that the additional traffic that will oc- cur as a direct result of the proposed development can be safely and effectively merged with the traffic on Pacific Highway from the Garden Place/Pacific Highway access. Staff has observed during peak traffic hours that cars on Pacific Highway waiting for the signal at 217 and Pacific Highway stack up well beyond the Garden Place access, precluding a merging into the east-bound lane or entering out onto the highway and merging into the west-bound lanes,:. 10. The applicant's proposed trip generation calculations, based on the NPO #2 Traffic Circulation Plan prepared by Carl But- tke, estimate that 2,361 vehicle trips within a 24-hour period will occur as a result of the proposed uses: Light Industrial 1,018 Commercial Office 486 Recreation Facilities 857 2 ,361 Trip generations for the recreation facilities are antici- pated to occur during off-peak hours. Parking requirements in accordance with Tigard Municipal Code would total 332 spaces. The site plan is providing for 337 parking spaces. 11. The site plan envisions 49 percent of the parcel to be de- voted to open space and landscaping. Light industrial will constitute 14 percent coverage, commercial-office one''per cent, recreation facilities 12 percent, streets and roads six percent, and parking/maneuvering 18 percent. III . Conclusionary Findings: 1. The development is predicated upon the issuance of a flood plain fill permit. This permit should be sought before a specific development plan is pursued. Otherwise, the Corn- mission may be approving a project which is unfeasible to build according to the City's Flood Plain Fill Permit re quirements and Environmental Design and Open Space Plan policies. is . STAFF REPORT AGENDA 5 .4 TIGARD PLANNING COMMISSION November 1, 1977 Page 6 2. The traffic congestion already occurring at Garden Place and Pacific Highway will be further compounded by the anti- cipated traffic generated from the proposed uses. An al- ternative access is available from the southeast corner of the property to Hunziker Street. The Oregon State Highway Division have expressed their con- cern for this project's traffic impact on Pacific Highway and Hall Boulevard and have requested that the developer provide them with a traffic analysis to determine this im- pact. IV. Staff Recommendation: Based upon the proposal to develop in the flood plain, unre- solved access problems and specific deficiencies in the site development plan, staff recommends denial. If the Commission elects to table this proposal, staff recom- mends that the applicant be required to submit the following: 1. A flood plain fill permit application M. 2 . An analysis of the traffic impacts on adjacent streets, in- cluding consideration of eliminating access to Pacific High- way and utilizing Hall Boulevard and Hunziker Street for this purpose. 3. A site plan associating the recreation facility with the natural environmental features located in the southern por- tion of the site. . If the Commission elects to approve the preliminary plan and program, staff recommends that the applicant be required to provide the following information and that certain alterations be made to the applicant' s general plan and program when sub- mitted for final consideration: 1. A flood plain fill permit application be submitted 2 . The site plan be revised to provide access from the south- east corner of the site to Hunziker Street and that access be restricted to Hall Boulevard and Hunziker Street. 4. !r', 9 fl STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION November 1, 1977 Page 7 3. Proposed street construction standards be submitted for S.W. Garden Place (to include the proposed extension of Garden Place to Hall Boulevard) . 4. That a petition for the vacation of those portions of S.W. Garden Place as proposed by the developer be submitted to the City recorder. 5. A minor land. ,partition app1icatiop, ,he; made for Tax Lot 400 (Tax Map 2S1 1BB) . 6 . That a drainage plan be submitted for approval (to pay par- ticular attention to the effect on adjacent sites) . 1 STAFF REPORT AGENDA. 5 .5 TIGARD PLANNING COMMISSION November. 1, 1977 -. .7..30 Fowler Junior:.High School. - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 31-77 Request: For additional classrooms at Tigard High School in a "R-30 , Single Family Residential" zone Location: 9000 S.W. Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lots 100, 101, 200 , 1102, 1201) Applicant: Tigard Public Schools, District 23J I. Findings of Fact: 1. The site is designated Urban Low Density Residential on the Tigard Community Plan, 1971 and zoned R-30, Single Family Residential. 2 . Section 18.20 .020 of the Tigard Municipal Code allows schools (senior high) and their accessory uses as condi- tional uses in the R-30 zone. II. Staff Observations and Findings: 1. The applicant is proposing to add a two story classroom building to the Tigard Senior High School complex. 2 . The new addition, which is to be located at the southwest- erly corner of the existing building, represents an approxi- mate 7,200 square foot addition to the school complex. 3. The applicant has stated in his narrative program that the increased student load in the existing building and special facility requirements has necessitated the need for expand- ing the existing structure. 4 . The senior high school is currently on a septic tank system with the drainfield for the septic tank being located to the rear and south of the existing building. Water is available to the site via a 12 inch line in Durham Road. 5. S.W. Durham Road is designated an arterial road, requiring 90 feet of right-of-way. There currently exists 40 feet. Therefore, an additional 25 feet will be required. S.W. 85th Avenue is designated a local street, requiring 50 feet of right-of-way There is presently sufficient amount of right-of-way. S.W. 92nd is a collector street requiring k. STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION November 1, 1977 Page 2 60 feet of right-of-way. There is presently 55 feet; therefore, an additional five feet will be required. 6 . S.W. 92nd and S.W. Durham Road are in substandard condition and in need of improvements (e.g. , curbs and sidewalks) . However, to require the applicant to make these improve- ments at this time would prove financially infeasible based on the school district's current operating budget. The City as a policy has not been requiring developments along S.W. Durham to make improvements to that street but have required developers to make improvements to City street standards for designated collector streets. III. Conclusionary Findings: 1. Student enrollments at the senior high school have increased the demand for additional classroom space. 2. S.W. 92nd and Durham Road are in substandard condition. The current operating budget of the school district cannot kfinancially support improvements to these streets at this time. However, consideration should be given in the pre- paration of future budgets for appropriating funds geared toward the improvement of S.W. 92nd Avenue. IV. Staff Recommendation: Based on Findings of Fact and Conclusionary Findings, staff recommends approval with the following conditions: 1. 25 feet of right-of-way be provided along the Durham Road frontage. 2. Five feet of right-of-way be provided along the S.W. 92nd Avenue frontage. 3. That within three years (November, 1980) a half street im- provement for 92nd Avenue be built to City standards along the entire length of the senior high west property line. STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION Notzenb.er_ 1, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S .W. Walnut Street Tigard, Oregon Docket: Conditional Use CU 32-77 Request: For a new physical education facility on the Templeton Ele- mentary School site Location: 9500 S .W. Murdock (Wash. Co. Tax Map 2S1 11A G,Tax Lots 2901, 3001) Applicant: Tigard Public Schools, District 23J I. Finginds of Fact: 1. The site is designated Urban Low Density Residential on the Tigard Community Plan, 1971 and zoned R-7, Single Family Re- sidential. 2 . Section 18 .20 .020 of the Tigard Municipal Code allows schools (elementary) and their accessory uses as conditional uses within a R-7 zone. II. Staff Observations and Findings: 1. The applicant's site plan envisions locating a physical edu- cation facility between two existing buildings in the north- ern portion of the James Templeton Elementary School site. 2 . The existing "multi-purpose room" within the school complex is deficient in the amount of space needed to serve the current programs being offered and the current student en- rollments. The applicant has stated that this "addition is needed to expand the physical education program for all students--to bring the program and facility more in compli- ance with State and district standards. " 3. The proposed facility, is intended "to offer improved physi- cal education and recreational opportunities to students ;J and residents of the area. " 4. The school facility is presently on a septic tank system, with the drainfield for the septic tank being located in the northeastern corner of the lot. Water service is available j to the site via an eight inch line in S.W. Murdock Street. ? f,I r'' STAFF REPORT AGENDA 5.6 14,, TIGARD PLANNING COMMISSION November''1, 1977 Page 2 5 . The recently approved Launa Lynda subdivision which abuts the Templeton School playground along the school 's east property line has provided for an access from the subdivi- sion to the school site via an eight foot wide asphalt path. The school district has supported this access point and has provided an opening in the fence which borders the subdivision. This opening will provide a direct access to the school property for the pedestrian/bicycle traffic that will occur as the properties to the east of the school are developed. Staff has contacted the school district and asked if they would be receptive to providing an extension of this path from the eastern property line to the school facility. The school district has indicated that they would be supportive of this concept. III. Conclusionary Findings: 1. The proposed use is needed to enhance the physical educa- tion for all students and bring the educational program and facility in compliance with State and district standards. 2 . The construction of a physical education facility will be beneficial to the whole community in that this facility will provide education and recreational opportunities to both students and residents of the area. IV. Staff Recommendation: Staff recommends approval with, the following condition: 1. That a pedestrian pathway, beginning at the access point from the Launda Lynda subdivision to the school playground, be extended in a northerly direction connecting with ,the Templeton School buildings. 1. STAFF REPORT AGENDA 5. 7 k'' TIGARD PLANNING COMMISSION November 1, 1977 7; 30 p,m, Fowler Junior:-High School__- Lecture, Room 10865 S,W, Walnut.Street -' Tigard,. Oregon Docket : Conditional Use CU 28-77 Request : For a printing facility in a "M-4, Industrial Park Planned Development" zone Location: Northeast corner of Varns Road and S.W. 72nd Avenue (Wash. Co . Tax Map 2S1 1D, Tax Lot 900) Applicant: Jens Housley I . Findings of Fact : 1. The site is designated "Commercial Professional" on the Neighborhood Planning Organization #5 Plan and zoned M-4 PD, Industrial Park. Planned Development , 2. On September 13, 1976 the City Council approved a 15 lot planned development (yarns Park) with the following ap- e- 14,,,, plicable conditions : 4 . A covenant to the deeds for Lots 1-8, 12, and 13 be executed prohibiting access to S.W. 72nd and S.W. Yarns Streets. Lots 9, 10, and 11, which will have access to S .W. Varns, shall be restricted from having r{. through access to the internal street. 15. All outright permitted uses allowed in the Commercial Professional (C-P) zone be permitted and as a conditional use (according to Chapter 18 . 72) small scale, limited research and development types of non-polluting in- dustry of the following types: A. Research and Development Laboratories including experimental, testing, and processing facilities '± B. Manufacturing and Assembly of Electronic Instru menus and Equipment and Electrical Devices. i C. Manufacturing and Assembly of Precision Instru ments, Tools or Devices. ',I D. Trade, Skills or Industrial Schools. _.r I.' << a r.` , I `? xis STAFF REPORT AGENDA 5 . 7 TIGARD PLANNING COMMISSION November. 1, 1977 Page 2 E . Publishing, Printing, and Bookbinding Facilities. F. Manufacturing of Medicines and Pharmaceuticals . 16 . All remaining aspects of the development be constructed to applicable health, subdivision, and zoning codes. II . Staff Observations: 1. The site is presently in forest cover of mainly first and second growth Douglas fir, oak, spruce, ash, and alder trees with dense underbrush, ferns, and moss . 2. The surrounding land use is primarily undeveloped with pro- fessional offices to the east, single family homes on very large lots to the north, residences along S .W. 72nd Avenue to the west, and a vacant lot to the south. 3. The applicant is proposing to construct an approximately 7,488 square foot building to accommodate a printing shop and offices on Lot 10 of the "Evergreen Knoll Business Center" . 4. Section 18.60 . 120(6) (a) of the Tigard Municipal Code re- quires one parking space for each 1,000 square feet or one space for each employee on the largest shift . The appli- cant ' s site plan provides for ten parking spaces. The to- tal employment is expected to be nine employees . 5 . Access to the site will be from Varns Road and S.W. Fir Loop. However, there will not be through access to the two streets, in accordance with Condition 4 of the planned development approval . 6 . The applicant has given no indication as to the amount of noise that will be emitted as a direct result of the pro- posed business to be conducted on the premises. 7. Locating a print shop in the rear portion of this planned development would appear to be compatible with the mixtures of commercial office-,cox ertial-prOfess.ional buildings, and the other light industrial uses which are allowed as con- ditional uses within this development . III . Staff Recommendation : Staff recommends approval . STAFF REPORT AGENDA 5.8 5s� TIGARD PLANNING COMMISSION November 1, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use (Home Occupation) CU 36-77 Request: For a hair design salon in a single family residence on a parcel zoned C-P, Commercial Professional, for parcels totaling .20 acre Location: 11895 S.W. Greenburg Road (Wash. Co. Tax Map 2S1 2AA, Tax Lots 1200 and 1500) Applicant: Mary O'Brien I. Findings of Fact: 1. The site is designated Commercial Professional on the Neigh- borhood Planning Organization No. 2 Plan and zoned C-P, Com- mercial Professional. 2 . Following the procedure set forth in Chapter 18.72 of the Tigard Municipal Code, a conditional home use may be author- ( ized for certain home occupational uses which do not strictly conform to the criteria set forth for. "home occu- pation" as defined in Section 18 .08 .250: "Home occupation" means a lawful activity commonly carried on within a dwel- ling by members of the family occupying the dwelling with no servant, employee or other persons being engaged, pro- vided that: (1) The residence character of the building is maintained; (2) The activity occupies less than one-quarter of the ground floor area of the main building; (3) The activity is conducted in such a manner as not to give an outward appearance nor manifest any character- istic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring resi- dents to enjoy the peaceful occupancy of their homes. If the applicant were able to conform to these criteria, a conditional use would not be necessary. II. Staff Observations: 1. The site is currently occupied by a single family home. Two large deciduous trees are located along the front of the STAFF REPORT AGENDA 5.8 k TIGARD PLANNING COMMISSION November 1, 1977 Page 2 property. Surrounding land uses are single family to the west and south, apartments to the north, and professional offices to the east and across S.W. Greenburg Road. 2. The applicant is proposing to operate a hair design salon on the first story of a two-level house. The upper level will serve as living quarters. 3. Mr. Aitken, the owner of this property and the adjoining property to the south (Tax Lot 1300) , intends to develop these parcels commercial-professional and remove the two single family homes that currently occupy the two tax lots. During the interim period the subject site will remain rental property. Therefore, the proposed use will serve as transitional use prior to the development for commer- cial-professional offices. 4. S.W. Greenburg Road is designated as a collector street on the NPO 2 Plan, requiring 60 foot minimum right-of-way. There is currently sufficient right-of-way to meet code re- quirements. 5. Section 18.60. 120 (4) (d) of the Tigard Municipal Code re- quires one parking space for each 100 square feet of gross floor area. The applicant would be required to provide four parking spaces. There is sufficient area on site to accommodate this requirement. III. Staff Recommendation: Staff recommends approval. STAFF REPORT AGENDA 5.9 eta TIGARD PLANNING COMMISSION November 1, 1977 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 34-77 Request: For a conditional use permit for a parking lot/tennis-basket- ball facility Location: 11265 S.W. Gaarde Street (Wash. Co. Tax Map 2S1 3DC, Tax Lots 1400, 1500, 1600, and 1700) Applicant: Reverend A. M. Hultgren (Tigard Assembly of God) I. Findings of Fact: 1. The applicant is requesting to install a parking lot on roughly 3/4 of an acre abutting the church property. Pri- mary use of the lot will be for church parking, doubling for tennis and basketball. 2 . On February 20, 1973, the Tigard Planning Commission ap- e' proved a conditional use permit for an addition to the ex- s isting facility. At that time a landscape plan was adopted. However, portions of this landscape plan have not been im- plemented as of this date. 3. Section 18.20 .020 (4) of the Tigard Municipal Code defines churches and accessory uses as a conditional use in a R-10 zone. 4 . Section 18. 72.010 states that "Change in use, expansion or contraction of site area shall conform to the regulations pertaining to conditional uses. " 5. S.W. Gaarde is designated a collector street, thereby re- quiring 30 feet from center line and is in need of improve- ment. II . Staff Observations: 1. The site of the proposed expansion consists of four separate tax lots. The land is generally flat, with no significant vegetation except for several pines on the east portion of the lot. The lots are bordered on the north by S.W. View- mount Lane, on the east by the church, on the south by S.W. Gaarde, and on the west by a duplex. - ;t STAFF REPORT AGENDA 5.9 ... TIGARD PLANNING COMMISSION November 1, 1977 Page 2 2. The proposed use will be of benefit to the surrounding pro- perty owners, providing recreational space. Any negligible effect can be handled during the design review process. 3. Sufficient right-of-way exists on S.W. Gaarde Street except for that portion abutting Lot 1000 (occupied by the church) . During the conditional use hearing of 1973, testimony was submitted that ten feet would be dedicated. This dedica- tion was also shown on the adopted plan As of this date, no dedication has been received by the City. III. Staff Recommendation: Staff recommends approval with the following conditions: 1. That ten feet of right-of-way be dedicated along the Gaarde Street frontage of Tax Lot 1000. 2. File with the City recorder an agreement not to remonstrate against a Local Improvement District for street improve- ments to S.W. Gaarde Street. • STAFF REPORT AGENDA 5.10 TIGARD PLANNING COMMISSION November 1, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S.W. Walnut Street Tigard, Oregon Docket: Conditional Use CU 35-77 Request: For a restaurant and drive-through window in a C-3, General Commercial, zone for a .96 acre parcel Location: S.W. McKenzie Street and Pacific Highway (Wash. Co. Tax Map 2S1 2BC, Tax Lot 701) Applicant: Wendcorp of Portland I. Findings of Fact: 1. The site is designated "Highway Commercial" on the Neighbor- . . hood Planning Organization No. 2 Plan and zoned C-3, Gen- eral Commercial. 2 . In a C-3 zone restaurants and drive-in businesses offering goods and services directly to customers in parked motor ve hicles requires conditional use permit approval by the Plan- ning Commission. fly; II. Staff Observations: 1. The site is a flat parcel with a vacant building (formerly Copeland Lumber Yard) occupying the eastern half of the property. The applicant is proposing to raze this build- ing and construct a 2 ,300 square foot restaurant with a drive-through window in the southwestern corner of the lot and a 3,000 square foot professional building (to be used as a real estate office) in the southeast corner of the parcel. Surrounding land use to the east is Floyds Restau rant and an older house; to the south and across Pacific Highway are Davidsons Frostop and Dairy Queen restaurants, as well as the Village Square (retail shops and offices) ; to the west is a service station; and to the north a single family home and apartments. 2. The applicant has submitted a market analysis which identi- fies restaurant demand within a two mile radius. Unfortun- ately, this analysis stops short at this initial point and does not proceed to complete the work by distributing this demand among the 48 restaurants which staff has counted within the identified market area. In order to establish a STAFF REPORT AGENDA 5.10 TIGARD PLANNING COMMISSION November 1, 1977 Page 2 community need for the proposed restaurant, the applicant must show that there is a greater demand than can be served by the existing 48 restaurants, justifying the need for a 49th. 3. Access/egress to the site is being proposed from two loca- tions. The southern access (from Pacific Highway) will be approximately within the center of the parcel. The appli- cant is proposing to close the two existing curb cuts at the east and west ends of the parcel and provide one cen- trally located access point. The second access is proposed off S.W. McKenzie Street in the northeast corner of the lot. McKenzie is currently one way (northbound traffic only) and in substandard condition, as well as lacking the necessary right-of-way as required by the NPO 2 Plan. 4 . Staff has contacted the Department of Environmental Quality with regard to the applicant's submitted documentation on the effects of the carbon monoxide emissions that would oc- cur as a result of the proposed uses. Their findings were that the report was in order and correctly done and that the use would not exceed air quality standards in and of itself but will be "allocating additional emissions into the air shed which is not in the best interests of air quality. " 5 . The Oregon State Highway Division has requested that the applicant submit a drainage plan for the site and that there not be a substantial change in the time of peak flow during storm periods. III . Conclusionary Findings: 1. The applicant has the responsibility of carrying the "bur- den of proof" that a community need exists. The defective 1 market analysis does not carry this burden for the applicant, I and staff finds that a community need has not been demon- 5;y strated as a justification of the proposed use This issue is especially pertinent due to the proliferation of restaurants along Pacific Highway. A few years ago the Planning Commission found it necessary to restrict the num ber of gas stations along the highway because of overbuild- ing of this single business. STAFF REPORT AGENDA 5. 10 TIGARD PLANNING COMMISSION November 1, 1977 Page 3 The east side of Portland has already experienced this over- response to the market, and some restaurants have already gone out of business. For example, there is a Burger Chef near 122nd which is now a nursery supply house, and a Mr. Donut stands vacant across the street. It is, therefore, essential that the placement of additional restaurants in Tigard be capable of meeting the test of community need to avoid the overbuilding of this type of use. 2. Staff finds that the proposed use would require two access points (McKenzie and Pacific Highway) , necessitating a two- way street on McKenzie. Staff has recently been contacted by some of the property owners adjacent McKenzie who are not disposed to the idea of permitting two-way traffic. Therefore, the Commission should seek to resolve this is- sue by proposing a traffic pattern that will help amelio- rate what is now a poor situation and forward their recom- mendation to the City Council for their consideration. IV. Staff Recommendation: Because the applicant has not fulfilled the requirement to show that a community need exists for a restaurant at the pro- posed location, staff recommends that the request be denied. If the Commission elects not to deny the request as recommended, staff recommends that the request be tabled to allow resolution of the status of McKenzie Street. If the Commission elects to approve the request, staff recom- mends that: 1. A half street improvement to local street standards be made ■` along the McKenzie Street frontage. No building permits will be issued until construction drawings have been sub- { mitted to the public works department and the necessary bond filed. 2. Five feet dedication of wa be right-of-way y provided along the McKenzie Street frontage. 3. The site plan be amended to decrease the vast amount of asphalt as shown and the applicant explore the possibility of grouping the proposed uses (;restaurant and professional office) . IrIii STAFF REPORT AGENDA 5 .11 TIGARD PLANNING COMMISSION November 1, 1977 - 7: 30 p.m. Fowler Junior High School - Lecture Room 10865 S .W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 33-77 Request: To exceed the building height requirement in a C-3, General Commercial, zone for a 1.47 acre parcel Location: S.W. Shady Lane and S.W. Greenburg Road (Wash. Co. Tax Map 1S1 35B, Tax Lot 205) Applicant: Tarbell Company I . Findings of Fact: 1. The site is designated Retail Commercial on the Neighbor- hood Planning Organization No. 2 Plan and zoned C-3 , Gen- eral Commercial 2. Section 18.12. 110 (b) , building height limit exceptions, of the Tigard Municipal Code states that building heights in any zone may be increased as a conditional use to a maxi- mum permitted height of seventy-five feet provided that the total floor area of the buildings does not exceed the area requirement of the zone (if any) and provided that in resi- dential zones all yards shall have a minimum depth of not less than one-half the height of the principal structure. 3. The applicable statement from the NPO 2 Plan text is the following: The Greenburg-217 interchange is planned to serve as a neighborhood convenience commercial center with the peripheral sites also serving the transient demand at this location for highway commercial establish- ments such as service stations and restaurants as is presently occurr- ing. II. Staff Observations: 1. The site is a vacant, triangular-shaped parcel which is situated several feet below the grade of S.W. Shady Lane. A large oak tree is located approximately west of center on the lot. Surrounding land uses are Highway 217 to the north, vacant land to the southeast, across Shady Lane and to the south an insurance office and a retail store (under construction) ; to the west is a service station. • STAFF REPORT AGENDA 5. 11 TIGARD PLANNING COMMISSION November 1, 1977 Page 2 2. The applicant is proposing to construct a three-story, 32 ,090 square foot real estate office building on the north side of Shady Lane. The building height will be 46 feet above the existing grade. This represents an 11 foot in- crease in the allowable building height of three stories or 35, whichever is less in a C-3 zone. 3. The applicant has stated that the reasons for requesting a conditional use permit is due to the "extraordinary condi- tions of the lot created by the shape, location, and geo- graphy of the site, of which the owner has no control" , which establishes the need to exceed the building height requirements. 4. Soil tests conducted on site by the applicant's project en- gineer indicate the water table is very close to the ground surface and that "minimal penetration into the soil for be- low-grade construction could result in possible detrimental effects from ground water pressure. " Therefore, the appli- cant is proposing to raise the basemnt. or. ground floor level of the building five feet. Therefore... the basement w:i<il re- , quire a;.five foot excavation, rather than :ten ,,feet 'Ad- - ditional rationale for raising the basement level is to compensate for the difference in elevation of the site and existing and proposed storm and sanitary sewer lines. 5. The additional six foot building height beyond the five foot basement increase in being requested to compensate for the irregular configuration of the lot and the need to pro- vide for the required parking spaces for the proposed use. 6. Section 18 .60 . 120 (4) (f) of the Tigard Municipal Code re- quires one parking space/350 feet gross floor area. The site plan proposes 91 parking spaces available, whereas 85 are required by code. The applicant proposes to conduct classes in real estate management during the evening hours and periodically during the day which will .Create an additional demand for parking spaces. The additional spaces being provided would appear to meet that demand. 7. S.W. Shady Lane is designated a local street on the NPO 2 Plan. There is presently sufficient right-of-way to meet the local street standards of 50 feet. However, Shady Lane is in substandard condition (no curbs, sidewalks or street lights) . s.� STAFF REPORT �. AGENDA 5.11 TIGARD PLANNING COMMISSION J? November 1, 1977 3 E` 8 . Sanitary sewer and water services are available to the site via existing lines in S.W. Shady Lane. III. Conclusionary Findings: 1. The visual impact of the building height in relationship to l`+ surrounding land uses would appear to be negligible. is 2. Due to the irregular lot configuration and presence of sub- surface ground water, the increase in building height be- yond the allowable height in the zone would appear to be justified. IV. Staff Recommendation: Based on findings of fact and conclusionary findings, staff recommends approval with the following condition: 1. A half street improvement to local street standards be made on the S.W. Shady Lane frontage. No building permits will be issued until construction drawings have been sub- mitted to the public works department and the necessary bond filed. P1 t.` Z ty