Planning Commission Packet - 10/03/1978 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PLEASE NOTE: The original paper record has been archived and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.
AGE•: . ',
TIGA.RC t'i ',NNI.Nt CC' MISSION
October 3, 1978 - 7:30 P.M.
Fowles ?Ln o: High - Lecture Room
ti . 0865 S.W. Walnut St. - Tigard, Oregon
1. CAT= TO ORDER: •
2. ROLL CALL:
3. APPROVAL OF MINUTES:
4. COMMUNICATIONS:
5. HEAR:N‘: ITEMS:
A- =,.aff Report
B. Applicant's Presentation
C. ' 'bi.sc Testimony
y Pron3'ent's
4p_inent's
c - Cris-examination
D. --. _,_ Recommendation
E. . _.nmisszon Discussion and action
5.1 ZCA'F CHANGE ZC 17-78 (Way W. Lee) NPO #4
A :er =et by Way W. Lee for a zone map amendment from R-7 "Single
Family Residential" to C-3 "General Commercial" zone for a 5 acre
parcel at S.W. 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot
6502 southern portion.
•
5.2 ZONE CHANGE ZC 36-77 (Western Racquet Club) NPO #5
A request by Western Racquet Club to amend general development
plan and program (approved on June 30, 1978) in a C-3 "General
Commercial" zone of parcel totalling 20.75 acres at S.W. Garden
Place & Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots
200, 300, 800, 1100, 1101, and 1200) .
5.3 VARIANCE V 8-78 (Van Domelen & Looijenga & Assoc.) NPO #5
A xequest by Van Domelen & Looijenga & Assoc. for variance to side
and rear yard setbacks in a M-3 zone to construct a warehouse on
1- 09 acre parcel at S.W. 72nd Avenue (Tax Map 2S1 12D, Tax Lot 2400) .
5.4 SUBDIVISION S 4-78 (Angelynn) NPO #2
A request by Michael Mahon & Leon Bruneau to amend condition #1
of Subdivision S 4-78 on a 2.28 acre parcel in a R-7 "Single Family
Residential" zone at S.W. 95th Avenue, North of S.W. Commercial
St. (Wash. Co. Tax Map 1S1 35CD, Tax Lot 2400) .
5.5 CONDITIONAL USE CU 24-78 (Shady Lane Office Complex) NPO #2
A request by Theodore Bare & Kenneth Lewis for a conditional use
permit to construct a professional office building on a 1.54 acre
pared ir a A-2 "Multifamily Residential" zone and C-3 "General
C mmErr:al" zone at Shady Lane (Wash. Co. Tax Map lS1 35B, Tax Lots
20' 20.:
•
6. C ! if:,
7. A'__ nr!: .N
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MINUTES
TIGARD PLANNING COMMISSION
October. 3 , 1978
Fowler Junior High - Lecture Room
10865 S .W. Walnut - Tigard, Oregon
1 . Call to Order:
The meeting was called to order at 7 : 40 P.M.
2 . Roll Call:
Present: Corliss, Brian, Funk, Smith, Tepedino, Wood
Absent : Quimby, Rossman
Staff: Weaver, Selby, Mackenzie
3. Approval of Minutes:
The minutes of September 5, 1978 were approved as read with the
following change: "Removal of Brian as second for the first
motion on Page 4" .
4 . Communications :
A. Weaver presented information on extension courses for the
Planning Commissioners.
B. Weaver spoke on enabling ordinances and writing new ordinances,
with regard to the position of planning commissioners , non-
e performance, excused absences, etc .
C. Tepedino stated, "That three or more unexcused absences was cause
for removal from the Planning Commission, but the removal must be
approved by the Council" . Stated that, "there was a need for a
definition of "unexcused" absence" .
D. Smith stated, "that the rules already exist" .
E. Selby presented a written memo to the Planning Commission members
on the subject of closing meetings by 12 midnight.
F. Tepedino suggested considering items at 11 p.m. for hearing the
same evening or postponing until the following public hearing.
Weaver leave at 8 :10 P.M.
5. Public Hearings :
5 . 1 Zone Change ZC 17-78 (Way W. Lee) NPO #4
A request by Way W. Lee for a zone map amendment from R-7
"Single Family Residential" to C-3 "General Commercial" zone
for a 5 acre parcel at S.W. 69th Avenue (Wash. Co. Tax Map
ISl 36AD, Tax Lot 6502 , southern portion) .
A. Staff Report:
Read by Selby
MINUTES
TIGARD PLANNING COMMISSION
October 3 , 1978
Page 2
B. Applicant' s Presentation:
Ken Cole, Architect for the project stated that buildings
would step down the site and conform to the natural features
of the landscape. He agreed that there was a drainage
problem. Stated that the signal would be installed by August
1979 according to the Oregon Traffic Control. Stated that
they would be removing some vegetation.
C. Public Testimony:
None
D. Staff Recommendation:
A. Staff Recommends denial for the following reasons:
1. The impact of the upgraded use will exist before proper
traffic control can be financed and emplaced. Therefore,
traffic congestion and hazardous conditions will
increase.
2. The applicant is attempting to provide maximum potential
of the property with its requested zoning , giving no
regard to the natural topography, down stream flood
impact, excessive grading, preservation of significant
vegetation, and retention of the natural drainageway.
3. Applicant should resubmit planned unit development for
requested zoning that will .midi.gate the concerns stated.
B . Cross-examination:
o Ken Cole stated that the drawings submitted that night
were not necessarily final and that the design review
process was a thorough one. He read a letter into the
minutes to the Planning staff from June 1978 . Mr. Cole
stated that they (the applicants) had attempted to work
with staff but had not had the opportunity to do so.
o Selby stated that it was up to the applicant to initiate
contact and meetings with the planning staff.
E. Commission Discussion and Action :
a Tepedino asked for the square footage of impervious surfaces .
Was the property to be mostly paved?
o Smith asked about the possibility of underground parking?
o Cole stated that it was possible.
o Selby read possible conditions into the minutes for approval:
MINUTES
TIGAR;D PLANNING COMMISSION
October 3, 1978
Page 3
1. That the site construction and drainage plan be sub-
mitted and approved by the Planning, Building and
Engineering Departments prior to the issuance of permits.
2. That soil compaction test and analyzation be submitted
for approval by the Engineering and Building Departments
prior to issuance of permits.
3. That downstream impact due to development of site drain
plan be submitted and approved by the Engineering Dept.
4 . That the applicant submit a letter by State Highway
Department indicating projected date for placement of
signal light at 69th and 99W Highway.
o Wood stated that the Planning Commission was not compelled to
upgrade zoning even if in accord with the Comprehensive Plan.
Thought that the property was a candidate for a planned
development.
o Smith thought that the Commissioners could require a planned
development and that there was a need to reduce the amount
of paving.
QLo Wood moved to deny with the staff findings and recommendations .
o Brian seconded the motion.
Motion passed unanimously.
5. 2 Zone Change ZC 36-77 (Western Racquet Club) NPO #5
A request by Western Racquet Clubs to amend the General Develop-
ment Plan and Program (approved on June 30 , 1978) in a C-3 "General
Commercial" zone of parcel totaling 20 . 75 acres at S .W. Garden
Place and Pacific Highway (Wash. Co. Tax Map 2S1 1BB, Tax Lots
200 , 300, 800, 1100, 1101 and 1200) .
A. Staff Report:
Read by Selby
B. Applicant' s Presentation:
Ron Statsny, Architect/Planner for the project explained the
changes in the plan.
C. Public Testimony:
o Ann Craig of S .W. Knoll Drive stated that since the grading
IL of the adjacent property, her property has become swampy.
Wanted to know if the street vacation of Garden Park. had been
completed?
Mh
. MINUTES
TIGARD PLANNING COMMISSION
October 3, 1978
Page 4
o Statsny stated that the vacation had not been completed yet.
o Wood asked if the staff recommendation was in accordance with
Policy #7 as far as the open space and the flood plain areas
were concerned?
o Carl Buttke spoke about the 25 foot road width.
o Brian asked about the number of parking spaces required and
the possibility of underground parking?
o Ann Craig wanted to know the required setback from residential
o Janice Kaylor an adjacent property owner wanted to know the
types and times of truck travel.
D. Staff Recommendation:
A. Staff recommended approval with the following conditions :
1 . That the construction and site drainage plans with
retention pond illustration be approved by the
Engineering and Building Department prior to issuance
of permits.
2 . That soil compaction tests and soil analysis report of
the site be received and approved by the Engineering
and Building Department prior to plan check approval
(especially in regard to development of the flood
—` plain.
3. If the Planning Commission chooses to locate the
alignment on Hunziker at a future date, then a street
plug must he located at the end of Hunziker on the
property line. Also, public road from Hall Blvd. through
to Hunziker alignment should be standard to local
collector 50 feet right-of-way with 34 feet of paving.
4. Due to the heavy vehicle use, the cross section view
of the on-site roads must be improved to 8" - 21 and
3/4" asphalt (commercial street standard) .
5. The proposed service alley must be marked "one way"
traffic.
, ... 6. Remove the proposed medium on the east side of the egress
area from the service alley.
7 . Service alley must be a minimum of 34 feet wide, paved
with egress and access being 34 feet.
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MINUTES
TIGARD PLANNING COMMISSION
fi
October 3 , 1978
Ai
Ni Page 5
8 . If the improvement for parking lot on flood plain
is approved, the elevation must not be altered.
Tmprovement to "Flood Plain District Standards" must
be met prior to Building Department issuance of permits .
9. Driveway aprons must be shown as approved by Engineering
Department prior to final plat approval.
10 . Access road from 99W must be dedicated to the City with
minimum paving of 34 feet.
E. Commission Discussion and Action:
o Wood stated that he had difficulty with the treatment of
flood plain areas.
o Tepedino agreed, he did not think there should be parking
on it.
o Funk thought that the flood plain issue was being overdone.
o Brian preferred underground parking and no through street.
o Corliss was opposed to amending the general plan now.
fi°"
o Wood moved for approval with conditions #4 , 5 , 6 , 7 , 9 , 10
as written and the following:
1) That no change occur with regard to the flood plain
treatment as proposed in the previous plan.
2) That the variance of 25 feet for building setback as
shown on the proposed plan be approved but with the
required landscape buffer to be approved by Site Design
Review Board.
o Smith seconded the motion and added condition 3) that parking
code requirements be met.
The motion passed unanimously.
5. 3 Variance V 8-78 (Van Domelen & Looijenga & Associates) NPO #5
A request by Van Domelen & Looijenga & Associates for variance
to side and rear yard setbacks in a M-3 zone to construct a
warehouse on a 1. 09 acre parcel at S .W. 72nd Avenue (Wash. Co.
Tax Map 2S1 12D, Tax Lot 2400) •
A. Staff Report:
Read by Selby
MINUTES
TIGARD PLANNING COMMISSION
October 3 , 1978
Page 6
B. Applicant' s Presentation:
Dirk Looijenga, Engineer for the project representing Caufield/
Urbana presented a site plan and explained the applicant' s
need for a variance, disagreed with the staff site description
and findings .
Duane Christy, Realtor, stated that the adjacent property
owner to the north, supported the request for a variance.
C. Public Testimony:
a. Proponent:
o Winn McDonald, 8340 S.W. Ross, stated he was in favor of
a zone setback so long as no other property owner was
adversely affected.
b. Opponent:
o Harold Mazatto was against the proposal. He represented
the developer to the south. Stated that there was a
proposed office complex for the site to the south which
would have windows facing the requested zero setback on
the adjacent property.
D. Staff Recommendation:
Staff recommended denial for the rationale stated in the
conclusionary findings.
E. Commission Discussion and Action:
o Smith was for denial of the proposal . .
o Brian and Corliss agreed.
o Brian stated that the applicant had not carried the burden
of proof in his application.
o Smith moved to deny on the grounds that the applicant had not
carried the burden of proof in his application for the need
for a variance due to extreme and unusual circumstances.
o Corliss seconded the motion.
Motion passed unanimously.
5. 4 Subdivision S 4-78 (Angelynn) NPO #2
IC A request by Michael Mahon & Leon Bruneau to amend condition #1
of subdivision S 4-78 on a 2. 28 acre parcel in an R-7 "Single
Family Residential" zone at S.W. 95th Avenue, north of S .W.
Commercial Street (Wash. Co. Tax Map lSl 35CD, Tax Lot 2400) .
MINUTES
TIGARD PLANNING COMMISSION
October 3, 1978
Page 7
if A. Staff Report:
Read by Selby
B. Applicant 's Presentation:
Monty Davis representing the applicant stated that they wanted
to eliminate condition #1 of their subdivision approval because
of street and residence location. To improve that section of
street the result would not be adequate for the housing on the
street in that it would cut within four feet of an existing
garage.
C. Public Testimony:
a. Proponent:
o Suzanne Schrag was for the proposal. Stated that she
would loose considerable property.
o Vern Christensen of NPO #2 was in agreement.
b. Opponent:
o Dale. Maliger objected to the survey. States being placed
on his property.
o Albus Emfelt was against the subdivision approval.
o Mike Stan stated that he was for lifting the dedication of
a 60 toot right-of-way.
D. Staff Recommendation:
Staff recommended approval with the revised condition #1.
1. That a non-remonstrance agreement be signed by the applicant
providing for the future improvements on 95th (LID - 95th
Avenue) . This revised condition will replace the former
condition #1 of June 8 , 1978 .
E. Commission Discussion and Action:
o Smith asked who paid for streets?
o Selby stated the developer,
o Wood moved for approval with the modification of Condition #1
as follows:
1) That the developer enter into an agreement acceptable to
staff guaranteeing a future half street improvement to be
i
made to local street standards along S.W. 95th for the north-t:
east property line of tax lot 2400 to the southeast
line of tax lot 2401, such agreement to be secured by
roperty
bonding or other security acceptable by staff.
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MINUTES
TIGARD PLANNING COMMISSION
October 3 , 1978
Page 8
11'
o Smith seconded the motion.
The motion passed unanimously.
5 . 5 Conditional Use CU 24-78 (Shady Lane Office Complex) NPO #2
A request by Theodore Bare and Kenneth Lewis for a conditional
use permit to• construct a professional office building on a 1 . 54
acre parcel in an A-2 "Multifamily Residential" zone and a C-3
"General Commercial" zone at Shady Lane (Wash. Co. Tax Map 1S1
35B, Tax Lots 201 and 203)
A. Staff Report:
Read by Selby s.
B. Applicant' s Presentation:
Tom Hammon, Architect for the project stated that the buildings
were not on the flood plain. Explained the project and its
layout.
C. Public Testimony:
None
D. Staff Recommendation:
A. Staff recommended approval subject to the following
conditions:
1. That the identified Greenway area within the property ,
boundaries be dedicated to the City and maintained by 1
the owner to the City's requirements .
2. That the Greenway area be left in it' s natural state
with the exception of the owner cleaning out the dead ';I
or dying vegetation. ?'
3 . That the applicant meets all requirements of the Flood
Plain District (Chapter 18.57) prior to approval of tJ
building permit issuance.
!.i
4. That the applicant relocate the proposed southern office ;
building away from the flood plain area of 162 foot
contour and that all buildings be no less than three
feet above the identified flood plain level.
it
5. Site drainage plans must be submitted and approved by
the Engineering and Building Departments for their
approval prior to issuance of any permits .
B . Rebuttal: 1�
Tom Hammon questioned the dedication of the property for '
Greenway. Stated that the parking area would then be on
City property.
o
tj
.
a
MINUTES 4H
TIGARD PLANNING COMMISSION ,;,
October 3, 1978 i''
Page 9
E. Commission Discussion and Action: 1,H
o Smith stated that the development was mostly asphalt and !)'
building. E,',
o Corliss thought that the project should have to go to the F!
Design Review Board.
o Wood explained the three foot flood height clearance , and
stated that the greenway dedication was to keep the flood
plain clear.
o Tepedino did not think that parking should be allowed in
p
the flood plain.
f.
o Smith stated that the flood plain and greenway were not
synonymous .
o Wood moved for approval with staff conditions #2 & #5 as
T
written and condition #4 modified to read, "That ha the t
applicant locate the proposed southern office building so that L"
PP P P
all buildings are no less than 11/2 feet above the identified
flood plain level, and adding condition #6, "That the land-
scaping be submitted to the Site Design Review Board for
. approval" .
If
o Brian seconded the motion.
i.
Motion carried. Funk against. t.
6 . Other Business :
None
7. Adjournment:
The meeting was adjourned at 12 :05 a.m.
.
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STAFF REPORT
AGENDA 5 .1
AT TIGARD PLANNING COMMISSION
October 3, 1978 - 7 : 30 P.M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon
Docket: Zone Change ZC 17-78
Request: For a zone map amendment from R-7 "Single Family
Residential" to C-3 "General Commercial" .
Location: S.W. 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot
6502 Southern portion) .
Applicant: Way W. Lee
I. Findings of Fact:
1 . The five acre parcel is presently zoned "Single Family
Residential" R-7 .
2 . The NPO #4 Plan designates this area to be "Office Park" ,
with permitted uses to include professional/commercial
office use.
3. The surrounding land uses are restaurants to the north,
a restaurant to the west, O.E.S . offices to the south and
single family units boarding the east side of the parcel.
4. The site has 12-25% slope moving from west to east.
There is an excess of 25% slope located on the eastern
side of the property.
1
5. There exists some large mixture of evergreen trees along the
southern and northern portion of the property.
6 . The site is served by an 8 inch pressure sewer line provided
by U.S.A. and an 8 inch water line from the Metzger
Water District.
7 . The proposed development will have access from the
continuation of 69th which presently has a 60 foot right-
of-way to the subject site.
8. Sixty-ninth feeds onto 99W which is presently being studied
by Oregon Department of Transportation for improvements
to enhance traffic flow and safety. Improvements are
tentatively scheduled to be financed and installed in
approximately two years or by the end of 1980.
9. The applicant proposes to build three office buildings.
The building to the south will be three stories with ,
29, 400 square feet; the building in the middle is two
stories, 19, 600 square feet and the northern building
is two story, 19, 000 square feet.
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STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING COMMISSION
October 3, 1978 - 7 : 30 P.M. •
Page 2
II. Conclusionary Findings:
4I
1. The Oregon Department of Transportation (ODOT) has
identified the intersection of 69th & 99W as warranting
a signal light.
2. The District Highway Engineer has stated that the proposed
development will generate approximately 568-1,420 average
daily traffic (ADT) , pending on the type of office use.
3. This additional growth in traffic with the existing
restaurant traffic coming off 99W onto 69th will increase
the need for a traffic signal at the corner of 69th and
99W.
4 . The Oregon Department of Transportation further stated that
the traffic approaching from the north to south along
99W has an existing traffic hazard of horizontal visibility
to traffic turning onto 69th. Therefore, caution should
be considered in continuing to intensifying development in
this area prior to proper traffic management improvements.
5. The location and size of the proposed buildings will
intensify the existing topography that will require
excessive grading.
6. The site has poor drainage capability that can
be resolved with proper drainage development.
7. The proposal is in violation of the Environmental Design
and Open Space Plan Policy on Greenway and Open Space
area.
8. The proposed development improvements and size of
building location will impact the down stream flood plain
areas.
9 . The subject property can be defined as a slopping degression
from outlining topography that creates a buildable
limitation. The applicant ' s request to upgrade the zone
to comply with the Comprehensive Plan is adequate. However,
the proposed use is extensive in view of the natural
terrain, topography and traffic viability.
III . Staff Recommendation:
Staff recommends denial for the following reasons :
1. The impact of the upgraded use will exist before proper
traffic control can be financed and emplaced. Therefore,
traffic congestion and hazardous conditions will increase.
STAFF REPORT f
AGENDA 5 .1
TIGARD PLANNING COMMISSION a
October 3, 1978 - 7 : 30 P.M. €`
Page 3 t
2 . The applicant is attempting to provide maximum potential }
of the property with its requested zoning, giving no regard
to the natural topography, down stream flood impact, f'
excessive grading, preservation of significant vegetation,
a,,
and retention of the natural drainageway. t:
3. Applicant should resubmit a plan for the requested zoning
that will midigate the concerns stated.
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STAFF REPORT
AGENDA 5 .2
TIGARD PLANNING COMMISSION
October 3, 1978 - 7: 30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: Zone Change ZC 36-77 (Western Racquet Club) I'
• Request: To amend the general development plan and program
(approved on June 30, 1978) in a C-3 "General Commercial"
zone of parcel totalling 20. 75 acres.
Location: S .W. Garden Place & Pacific Highway (Wash. Co. Tax Map
2S1 1BB, Tax Lots 200 , 300, 800 ,1100, 1101 and 1200) . •
Applicant: Western Racquet Club
I . Findings of Fact:
1. The general development plan and program approved a combination
of recreational racquet ball , tennis courts and warehouse,
industrial units. (See Planning Commission Minutes with
previous staff report attached) .
2 . The applicant is requesting an amendment to revise the
proposed uses, accesses and square footage.
s 3. The alteration will amplify industrial use, lower recreational
use; increase large truck traffic and decrease square
foot of building size.
4 . The site is designated "Retail Commercial" in the northern
portion of the site and "Light Industrial" in the southern
portion on the NPO #5 Plan and currently zoned C-3 "Retail
Commercial" and M-3 "Light Industrial" .
5 . The applicant is requesting general plan and program review
of a two phase commercial/commercial professional/industrial
planned development on parcels totalling 20. 135 acres in
accordance with Section 18 . 56 .030 of the Tigard Municipal
Code.
Highway should be clustered and share common parking facilities
and driveways. As new development occurs, the number of access
points should not exceed the number necessary for proper on-site
traffic circulation and, where possible, 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.
6 . Applicable policies from the Environmental Design and Open
Space Plan:
Policy 3: The City shalt restrict alteration of natural drainageways
STAFF REPORT
AGENDA 5 .2
TIGARD PLANNING COMMISSION
October 3, 1.978 - 7: 30 P.M.
Page 2
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.
- t
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 year flood plain of Fanno Creek, its tributaries,
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.
7 . On November 1, 1977 the Tigard Planning Commission approved
a preliminary plan and program for this site subject to the
following conditions:
1. That preliminary approval only be given to the general
concept of the PD. 1
2 . That approval of location and intensity of use must await
submission of more detailed plans to include traffic and
flood plain studies.
•
3. The applicant must be prepared to show that, by encroaching
into the flood plain, the fill will neither decrease the
amount of storage capacity nor increase the run-off from the
site.
4 . A flood plain fill permit application be submitted.
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) ,
II . Conclusionary Findings :
•
1. The proposed Industrial Unit "D" will increase the need for
truck traffic and traffic increase onto Hall Blvd. or 99W.
2 . The need for increase of parking space creates the use to improve
parking on the flood plain.
STAFF REPORT
AGENDA 5 .2
TIGARD PLANNING3. The proposed development is being planned in two phases. The
COMMISSION first phase will consist of ground preparation and the
Page 3 construction of 69 ,232 square feet of commercial office and
recreation facilities. Phase II will be the construction of a
light industrial complex consisting of eight (8) buildings
totalling 115,200 square feet of gross floor area.
4 . The site slopes from the north to the south, dropping from
approximately 210 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
southern 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 south-
eastern corner of the site, has been graded over.
5. The site is surrounded on the east by Highway 217; to the south
by industrial development and single family residential
(southwest) ; to the west and across Hall Boulevard are apart-
ments; and to the north retail stores, a service station, and
Pacific Highway.
6 . The applicant has essentially incorporated into his general
plan and program the conditions of preliminary approval. Based
on the revised site plan, conditions 3, 4 , and 5 have become
moot points for the following reasons :
a. Although a portion of the site does fall with the 100 year
flood plain (note: new elevations for the 100 year flood
plain have been recently calculated by the U.S . Army Corp.
of Engineers as of April 1978) no building encroachment
is being proposed within the flood plain and subsequently
there would not be a need for a flood plain fill permit.
b. Tax Lot 400 which was proposed to serve as an overflow
parking lot for the recreational and commercial areas has
been eliminated as part of the total project area and the
parking demands for these uses are to be accommodated on
the remaining portion of the site as submitted in the general
site plan.
7 . An update traffic impact study for the site has been conducted
by Carl Buttke, P.E. Consulting Engineer (See traffic study
in booklet) .
8 . See previous staff report (June 20 , 1978) for Code Deviation.
The required and planned parking lots has been amended and are
satisfactory to the staff
Access to the parking lots has been approved to be narrowed
to 20 feet. A revision of 30 feet (code standards) would be
favorable due to the increase in traffic on site and the
extension of parking lots.
Mk
STAFF REPORT
AGENDA 5. 2
ff TIGARD PLANNING COMMISSION j
October 3, 1978 - 7: 30 P.M. .
Page 4
9. With the parking lot proposed on the flood plain, the open P .
space and landscaping will be less than the previous 50%
approved.
10. The previous Conclusionary Findings (Item #2) states:
"There will be no encroachment into the 100 year flood plain. "
This may have been a serious consideration by the previous
staff. Caution should be taken in considering approval of
use in this area.
11. Item #3 of the Conclusionary Findings states : "Access has
been provided onto Hunziker Street for the industrial traffic
anticipated to be generated by this development. This third
access/egress will help to lessen the traffic impacts on Hall
Blvd. and Pacific Highway. However, staff concurs with the
Engineering Department that a dedicated public right-of-way
should exist through the site from Hall Blvd. to Pacific
Highway.
Future access to Hunziker creates two concerns :
a. If accessis to be aligned with future development of the
property south onto Hunziker; the proposed road on the
industrial site will have to be dedicated public right-
of-way and proper standards should be required. This
public access would then add to the on-site traffic
generation and possibly cause congestion with the mixed
vehicle usage.
b. If the alignment was dissolved or restricted on Hunziker ,
then the on-site traffic would be limited to Hall Bvld.
or 99W and congestion may occur at the access points.
Also, there would be less distribution of traffic.
III . Staff Recommendations:
Staff recommends approval subject to the following conditions:
1. That the construction and site drainage plains with retention
pond illustration be approved by the Engineering and Building
Departments prior to issuance of permits . I
{
2 . That soil compaction tests and soil analysis report of the
site be received and approved the Engineering and Building
Department prior to plan check approval (especially in regard
to development of the flood plain) .
3 . If the Planning Commission chooses to locate the alignment ,
,. on Hunziker at a future date, then a street plug must be
located at the end of Hunziker on the property line. Also,
public road from Hall Blvd. through to Hunziker alignment should
be standard to local collector 50 feet right-of-way with 34
feet of paving.
si
STAFF REPORT
AGENDA 5 .2
zk' TIGARD PLANNING COMMISSION
October 3, 1978 - 7: 30 P.M.
Page 5
4. Due to the heavy vehicle use, the cross section view of the
on-site roads must be improved to 8" - 2 1/2 and 3/4" asphalt
(commercial street standard) .
5 . The proposed service alley must be marked` "one way" traffic
6 . Remove the proposed medium on the east side of the egress
area from the service alley.
7 . Service alley must be a minimum of 34 feet wide, paved
with egress and access being 34 feet.
8. If improvement for parking lot on flood plain is approved,
the elevation must not be altered. Improvement to "Flood
Plain District Standards" must be met prior to building
department issuance of permits.
9 . Driveway aprons must be shown as approved by Engineering
Department prior to final plat approval.
10 . Access road from 99W must be dedicated to the city with
minimum paving of 34 feet.
MINUTES
TIGARD PLANNING CONMISS( •
June 20, 1978
FoWLcr• Junior High School - Lecture Room •
•
1.0865 SW Walnut - Tigard, Oregon
1. Call. to Order:
Meeting was called to order at 7:30 PM
2. Roll Call: •
•
Present: Wood, Corliss, Quimby, Brian, Rossman, Sakata
Excused Absence: Tepedino, Popp
3. Approval of Minutes:
The minutes of the June 62 1978 and June 13, 1978 meeting were approved.
4. Communications: None
5. Public Hearings:
5.1 ZONE CHANGE ZC 36-77 (Western Racquet Club) NPO 5
A request by Western Racquet Club for a general plan and program review for a
Commercial Industrial Planned Development in a M-3 Light Industrial and C-3
General Commercial Zone of parcels totalling 20.75 acres at SW Garden Place
and Pacific Hwy(Wash. Co. Tax Map 2S1 1BB, TAX Lots 200, 300, 800, 1100, 1101,
1200) .
I A. Staff Report Read by Laws
B. Applicant's Presentation
Ron Moore, Co-Applicant for the project stated the entire team which had
worked on the project was present.
Don Stassney, Architect, 813 S.W. Alder, presented a slide show and explained
all phases of the proposed development.
•
C. Public Testimony: None
D. Staff Recommendation: . . .
Based on Findings of Fact and Conclusionary Findings staff recommends
approval of the general plan and program subject to the following conditions:
1. That all buildings, building locations, landscaping, pedestrian access,
vehicular access to parking areas(to include driveway width:) and
be subject T review. 4 `
,Q CI E,S 1. ,1
2. That a dedicated street, built to commercial street standards with
feet of pavement, 5 foot sidewalks on one side of the street (location
of sidewalks to be determined during design review) be provided through
the property from Hall Blvd. to Pacific Highway via Carden Place and that
the applicant petition to the City Council to vacate the remaining
pP petition City remaining portion
of S.W. Garden Place.
3. That a left turn refuge lane, to include striping be provided along the
Hall Blvd. frontage and that a half street improvement (to include curbs
and sidewalks) also be provided along the Hall Blvd. frontage. All im-
kj
4i
MINUTES
TIGARD PLANNING CM4ISSION
June 20, 1978
Page 2
provements to be subject to State Highway Department approval.
.4. That no parking be allowed along Hall Blvd. from Pacific Hwy to
S.W. Knoll Drive. This will require a no parking ordinance via
City Council action.
5. That no left turns occur from Garden Place into the westbound Pacific
Hwy traffic and that approach street improvements to Garden Place •
from Pacific Hwy be provided per State Highway Dept. requirements.
k.;' ebuttal:
Don Stassney, stated they would have a problem with Staff Rec. #2 and
the width of the street with the parking backing into the right of way.
Laws asked what would be the net loss of parking spaces if they were removed.
Stassney stated 15 spaces.
Bob Gardiner, Landscape Architect, stated they had tried to keep the cars
from parking directly in front of the buildings.
Wood asked about the safety implications and what if the street became a
shortcut.
•
Stassney stated the road now proposed was 30' .
Quimby asked if the fire marshall had been contacted.
Buttke, Consulting Engineer for the project, stated they wouldn't be high
volume streets.
• Corliss asked what sort of material the buildings would be constructed of. •
Stassney responded board form tilt up of pre-cast concrete with tin roofs;
the materials would be consistent throughout the project.
Sakata asked if the property owners had been notified about thevacation street
vacation,
Laws stated they. had been notified of the .meeting.
E. Commission Discussion:
Brian was concerned with the traffic flow; with the truck and hours of
operation.
Buttke referred to the traffic study he had done which was in the book
each commissioner had.
Brian stated the 72nd interchange was not yet firm and asked if they could
restrict trucks on Hall
Buttke stated there were other industries on Hall requiring truck access;
there would be very,very few trucks during peak hours.
Qummby asked if the fire marshall had approved this plan for emergency access.
Laws stated they had reviewed it and had made r.o comment.
Sakata wanted the fire department to approve of the plan; felt two outbound:<lanes ,,
..r' needed.
3u ttke s t-t tcd v:..th these v .tom ,4�I::•,;;
t U1uCE.::' it could oa7y require one lane. •��`s�.
Rossman felt staff had done an .exceptional job and was in favor of the staff .' ' '
recommendations . `T(. + ;
Corliss stated it was a fine plan.
Wood questioned the parking problem on Hall;wanted the fire department appro' ;
agreed that three exits would provide sufficientiegress; asked if the parking
stalls were 9Y wide; asked if the safety/aesthetic trade-off would justify
more parking; would it be financially feasible to add 50/. water retention:
David Evans, responded it would be feasible to add the water retention with
the roof top storage.
Brian was concerned with the history of fill on the site.
MINUTES
TICARD PLANNING COM [ISS.LuN
June 20, 1978
Page 3
encroachment in the flood plain took place prior to the
• Laws stated 'adoption of the flood plain ordinance.
Rossman made a motion for approval, based on staff recommendations;
Brian seconded.
• Wood added two additional conditions;
1) fire department approve all road widths and turns 2) the water retention
be incre ed by 50%
Sakata asked about making the parking stalls 92'
Laws stated the additional cars could be scattered throughout the site as
compact spaces; this would be answered during design review.
The motion was unanimously passed.
•
5.3 ZONE CHANGE ZC 15-78 . (Der - Hart Associates) NPO 5
A request by Der-Hart Associates for a Preliminary Plan and Program Review of
a Residential Planned Development and 'Zone Map Amendment from R-7 to R-7 PD,
for a 15.27 acre parcel at 14070 SW Hall Blvd (Wash. Co. Tax Map 2S1 12B, Tax
Lots 600, 800, 1100, 1101). •
A. Staff Report: Read by Laws.
B. Applicant's Presentation:
•
Bill Svendsen, 1544 S.W. Hawthorne, Portland, stated he agreed with the
staff report and addressed himself to the 3 points under Staff Rec. #7
and clarified that there would not actually be 80' of asphalt but would
s be broken up with landscaping and street trees.
He agreed to the points required in the letter from Joe Greulich, Fire Marshall.
C. Public Testimony: None.
D. Staff Recommendation: •
Staff recommends approval of the preliminary plan and program with the
following conditions.
1. That the points of concern raised in findings of_fact. A, B, and C, -
be addressed in the general plan and program when submitted.
2. In addition, the concerns raised by the Fire Marshall in his attached
correspondenan should also be addressed.
•
E. Commission Discussioin and Action: •
•
Rossman was_,,icti favor, of the proposal.
Sakata strongly opposed passing the proposal; the lot size at 1850 sq. ft. 4k � 'I
was too small; there was no play area for p
the duplex lots.du
Quimby Cirr,rt.!.d with S'at:.ata.
Wood stated the street t:es.ign would invite trouble witlieemergency
the lots arrangements was an obvious attempt to maximize.
Corliss asked the applicant about the lot size,
Svendsen pointed out the lot sizes; the density was 8 units/acre which was .
in conformity with the Bonita plan to provide a range of living alternatives.
Corliss stated it was in conformance with the plan.
Jeff Hartley, Der-Hart Associates, stated lots of time and care has been put
into this proposal; it was a beautiful site and they had attempted to preserve
much of is as well as provide different types and styles of homes; they met
•
•
STAFF REPORT
AGENDA 5 . 1
Tigard Planning Commission
June 20, 1978
Fowler Junior High - Lecture Room
10565 S .W. Walnut St . - Tigard, Oregon
Docket : Zone Change ZC 36-77
Request : For a general plan and program review for a Commercial/
Industrial Planned Development in a C-3 "General Commercial"
and M-3 "Light Industrial" zones of parcels totalling 20 . 135
acres .
•
Location : Southwest Garden Place and Pacific Highway between Hall Blvd.
and Highway 217 (Wash . Co. Tax Map 2S1 1BB, Tax Lots 200,
300, 500, 1100 , 1101 and 1.200) .
Applicant : Western Racquet Clubs , Inc.
I . Findings of Fact :
1 . The site is designated "Retail Commercial" in the northern
portion of the site and "light industrial" in the southern
portion on the NPO #5 Plan and currently zoned C-3 Retail
Commercial and M-3 Light Industrial .
2 . The applicant is requesting general plan and program review
A of a two pha"se commercial/commercial professional./industrial
planned development on parcels totalling 20 . 135 acres in
accordance with Section 18. 56 . 030 of the Tigard Municipal
Code.
3. 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 application of flexible and diversified Zand
development standards under a comprehensive plan and program
professionally prepared. The planned development district is
intended to be used to encourage the application of new
techniques and new technology to community development which
will result in superior living or development arrangements
with lasting values . It is further intended to achieve
economies in Zand, development, maintenance, street systems,
and utility networks while providing building groupings for
privacy, usable and attractive open spaces, safe circulation,
and 3enev;z1 well-being of the inhabitants .
4 . Applicable policies from the NPO 5 Plan are as follows :
Policy 20 : In the interest of safety and efficiency, the
number of highway access points must be kept to a
minimum. Wherever possible, businesses on Pacific
%
•
i ( ,{°
STAFF REPORT
AGENDA 5. 1
June 20, 1978
Page 2
•
Highway should be clustered and share common parking
facilities and driveways. As new development occurs,
the number of access points should not exceed the
number necessary for proper on-site traffic circulation
and, where possible, 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. A pp licable 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, drainagew.- ,s,
areas of' high visibility, unique habitats or rare spec ) .
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 Z00 year flood plain of Fanno Creek, its
tributaries, 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.
6 . On November 1 , 1977 the Tigard Planning Commission approved
a preliminary plan and program for this site subject to the
following conditions :
1 . That preliminary approval only be given to the general con-
cept of the PD.
•
2. That approval of location and intensity of use must awa , .,
submission of more detailed plans to include traffic and
flood plain studies.
•
•
• STAFF REPORT (
. ` AGENDA 5. 1 .
June 20, 1978 •
Page 3
•
. 3 . The applicant must be prepared to show that , by
encroaching into the flood plain , the fill will neither .
decrease the amount of storage capacity nor increase the
run-off from the site .
4 . A flood plain fill permit application be submitted.
5. A minor land partition application be made for Tax Lot
400 (Tax Map 281 .1BB) .
•
6. That a drainage plan be submitted for approval (to pay
particular attention to the effect on adjacent sites) .
II . Staff Observations and Findings :
1 . The proposed development is being planned in two phases. The
first phase will consist of ground preparation and the
construction of 69, 232 square feet of commercial office and
recreation facilities. Phase II will be the construction of a
light industrial complex consisting of eight (8) buildings
totalling 115, 200 square feet of gross floor area.
2. The site slopes from the north to the south, dropping from
approximately 210 feet MSL at Pacific Highway to 150 feet
MSL at the south property line . Considerable earth fill has
taken plabe 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 southern portion of the site is relatively flat and f?
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 o
p nd. Crystal Lake, which was
formerly i
y n the southeastern corner of the site, has been
graded over .
3. The site is surrounded on the east by Highway 217; to the •
south by industrial development and single family residential
(southwest) ; to the west and across Hall Boulevard are
apartments ; and to the north retail stores , a service station,
and Pacific Highway .
4 . The applicant has essentially incorporated into his general
plan and program the conditions of preliminary approval .
Based on the revised site plan , conditions 3, 4 and 5 have
become moot points for the following reasons :
•
a. Although a portion of the site does fall with the 100 year
flood plain (note : new elevations for the 100 year flood
plain have been recently calculated by the U.S. Army Corp. r'
of Engineers as of April 1978) no building encroachment
is being proposed within the flood plain and subsequently
there would not be a need for a flood plain fill permit . '
is
.. _. _____ S ---
' STAFF REPORT •
AGENDA 5. 1 °
June 20 , 1978
Page 4 �
b . Tax Lot 400 which was proposed to serve as an overflow F,
parking lot for the recreational and commercial areas
has been eliminated as part of the total project area
and the parking demands for these uses are to be accom*nodate
on the remaining portion of the site as submitted in
the general site plan .
5. The revised site plan reflects a change in both the building
dimensions and location of the commercial (recreational
facilities) and commercial professional offices. The
applicant has grouped the recreational facilities and professions:
offices by "stacking" the office space (three stories) on top i,
of the recreational facilities (racquetball and tennis courts) . ;::
The result is a net increase of 8220 square feet in office
space but a reduction of 20, 600 square feet of recreation
area for a total reduction of 12,380 square feet in building ' ,
area.
The industrial buildings proposed in Phase II are the same in
number (eight) proposed on the preliminary plan, but have
been clustered and serviced with a loop driveway. No
encroachment into the flood plain, would result based on the F'
building locations as submitted. 7.4} ;
6 . A traffic impact study for the site has been conducted by , i
Carl Buttke, P.E. Consulting Engineer. and reviewed by the E
State Highway Department.
Mr. Buttke' s conclusions were the following:
a. A left turn refuge on Hall. Blvd. should be provided (this
would require no parking on one side of the street) and a
restriping of Hall Blvd. r.',
' The state concurs with Mr . Buttke's recommendation but
feel no parking should be provided on both sides of
Hall Blvd. from Pacific Highway to Knoll Street. j
r.
b . That left turns be prohibited from Garden Place to the i.;
westbound Pacific Highway traffic.
c. That when Phase II. is developed a third access be provided._
from the southeastern corner of the parcel onto Hunziker..,;; ,j
Street . ;., 4
V.
An access agreement between the subject parcel and the ,
abutting parcels to the south for access/egress onto
Hunziker Street is recorded with the deeds of those V
parcels. The agreement provides for a 60 foot easement;
that would be dedicated for street right-of-way purposes
at such time as it is deemed necessary by the County or x
City . A portion of this easement between the Tigard
Distribution Center and Partex has been paved but is without
curbs and sidewalks . J
1 i
•
STAFF REPORT
2• GENT)A 5. 1
June 20 , 19781
Page 5 •
Ci
7. The applicant is proposing that Garden Place from Pacific
Highway to the south end of the recreational facilities
remain as a dedicated right-of-way . But that the remaining
portion of S . V. Garden Place be vacated and access from Hall
Blvd . and Hunziker Street servicing the industrial properties
be developed on easements.
The Engineering Department has reviewed this proposal and
made the following excepiton to the applicant 's proposal : •
That a dedicated public street be .developed to commercial
street standards ( this could be 36 feet of pavement and a
sidewalk on one side of the street) from the Hall Blvd .
access along the north property line to the Pacific Hwy. [.
access access/egress (via Garden Place) . This way there
would be a continuous public street provided for access to
the recreation facilities and commercial professional offices .
8. Code Deviations : •
The required total parking spaces for all uses in the develop-
ment would be 316 . The applicant is providing for 310.
Since peak hours of the proposed uses do not coincide with
each other a .shared parking arrangement is being proposed.
_ The applicant has stated "that the total amount of spaces
is reduced but more efficiently utilized over the hours of
a day" .
•
Access to the parking lots are proposed to narrow to 20 feet .
Code requirement is 30 feet with 24 foot pavement surfacing.
The height of the combined office and recreation area will be
five stories, but less than 75 feet .
Height maximum in a C-3 zone are 3 stories or 35 feet which
ever is less.
However, the Planning Commission can grant approval for
structures up to a heights of 75 feet .
The impacts of a building of this height on surrounding land
uses should be negligible , in that the topography is such
that the main exposure this complex will have will occur
along only the Highway 217 frontage.
9 . A metliodogy for providing storm water detention has been
submitted with the applicant ' s narrative program.
10 . Fifty percent of the site is to be open space and landscaping;
the light industrial buildings will cover 13% of the site;
cr and the recreation and office building 8%. The remaining 29%
of the site will be used for streets, roads, parking and truck'
service areas .
•
4
1i
. ', STAFF REPORT
AGENDA 5. 1 4 °
June 20, 1978 .
Page 6
III . Conclusionary 'Findings :
3. . The general plan submission has incorporated the objectives of
the planned development district by providing for grouping of
buildings intermix with "usable and attractive" open space
while providing for a traffic circulation pattern designed
to move efficiently and safely both vehicular and pedestrian
traffic.
2. There will be no enroachment into the 100 year flood plain.
3. Access has been provided onto Hunziker Street for the.
industrial traffic anticipated to he generated by this
• development . This third access/egress will help to lessen
the traffic impacts on Hall Blvd. and Pacific Highway.
However, staff concurs with the Engineering Department that
a dedicated public right-of-way should exist through the
site from Hall Blvd. to Pacific Highway .
IV. Staff Recommendations :
Based on Findings of fact and conclusionary findings staff
recommends approval of the general plan and program subject to
the following conditions : •
1 . That all buildings , building locations, landscaping, pedestrian .
access, vehicular access to parking areas (to include driveway
widths) and signing be subject to design review.
2. That a dedicated street , built to commercial street standards
with 36 feet of pavement, 5 foot sidewalks on one side of the
street (location of sidewalks to be determined during design
review) be provided through the property from Hall .Blvd. to
Pacific Highway via Garden Place and that the applicant
petition to the City Council to vacate the remaining portion
of S . W. Garden Place.
• i
3. That a left turn refuge lane, to _include stri ping be
provided
along the Hall Blvd. frontage and that a half street
improvement ( to include curbs and sidewalks) also be provided
along the Hall Blvd. frontage. All improvements to be subject
to State Highway Department approval .
" �..lLy..r..•�:SM:Iu
4 . That no parking be allowed along Hall Blvd . from Pacific.
Highway to S .W. Knoll Drive . This will require a no parking ..
ordinance via City Council action .
5. That no left turns occur from Garden Place into the westbound
Pacific Highway traffic and that approach street improvement .
to Garden Place from Pacific Highway be provided per State
Highway Department requirements .
STAFF REPORT
AGENDA 5 . 3
. ' ' " TIGARD PLANNING COMMISSION
October 3, 1978 7: 30 P.M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon
Docket: Variance V 8-78
Request: Request for side and rear yard setbacks in a M-3 zone to
construct a warehouse on 1. 09 acre parcel.
Location: Southwest 72nd Avenue (Wash. Co. Tax Map 2S1 ,12D, Tax. Lot
2400) .
Applicant: Van Domelen & Looijenga and Assoc.
I . Findings of Fact:
1. The site is designated on the NPO #5 Plan as "Light
Industrial" and is zoned M-3.
2 . Section 18. 48 .040 of the Tigard Municipal Code requires
that the setbacks for rear and side yard be 20 feet.
3. The applicant is requesting zero setback requirements due
to the narrow longated shape of the property limiting
the development of the property to its best potential
and to allow easier truck maneuvering on site.
4 . Section 18 . 76 .010 of the Tigard Municiapl Code authorizes
the Planning Commission to grant variances from the
requirements of Title 18 , where it can be shown that, owing
to special and unusual circumstances related to a specific
piece of property, the literal interpretation of this title
would cause an undue or unnecessary hardship.
5 . Section 18. 76 . 020 of the Tigard Municipal Code states that:
"No variance shall be granted by the Planning Commission
unless it can be shown that all of the following conditions
exist:
(1) Exceptional or extraordinary conditions applying to
the property that do not apply generally to other
properties in the same zone or vicinity, which conditions
are a result of lot size or shape, topography or other
circumstances over which the applicant has no control . r.
(2) The variance is necessary for the preservation of a
property right of the applicant substantially the same
as is possessed by owners of other property in the
same zone or vicinity. I
it (3) The authorization of the variance shall not be i
materially detrimental to the purposes of this title,
be injurious to property in the zone or vicinity in which
the property is located or be otherwise detrimental to
the objectives of any city development plan or policy .
ill
,:
•
1
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
October 3, 1978
Page 2
(4) The variance requested is the minimum variance from 11
the provisions and standards of this title which will
alleviate the hardship. "
6 . The site is surrounded by a non-conforming grocery store
abutting the southern portion of the subject property; there
are existing industrial type units to it' s southwest and
southern area; and an existing non-conforming single family
unit abutting the west property line of the subject property.
To the north abutting the property is S.W. 72nd.
II. Conclusionary Findings:
1. Staff feels that the applicant has not demonstrated other
alternatives in building location, size, and truck
maneuvering area to conform within the requirements of the
code.
2. The applicant has not addressed the circumstances required
in Section 18. 76 . 020 (stated above) of the Municipal Code.
3. The hardship or unnecessary condition that may exist are
due to applicant's desire to amplify the maximum potential
of the property.
4 . No previous or existing Comprehensive Plan zoning designation
or transfer or property ownership has caused a non-conforming
or hardship situation for the subject property.
III. Staff Recommendation:
Staff recommends denial for rationale stated in conclusionary
findings.
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
October 3, .1978 - 7 : 30 P .M.
Fowler Junior High Lecture Room
10865 S .W. Walnut St.- Tigard, Oregon
Docket: Subdivision S 4-78 (Angelynn) }I
Request: Requesting an amendment to Condition #1 of Subdivision
(approved by the Planning Director on June 8, 1978) on
2 .28 acre parcel .
Location: S.W. 95th, north of S.W. Commercial St. (Wash. Co. Tax
Map 1S1 35CD, Tax Lot 2400) .
Applicant: Mike Mahon & Leon Bruneau
I . Findings of Fact:
1. The subdivision was approved on June 8, 1978 by the
Planning Director upon compliance of eight conditions
(see attached letter) .
2 . The applicant's subdivision is in compliance with Section
17. 16 . 100 of the Tigard Municipal Code to subdivide a
2. 28 parcel into 8 lots with a minimum lot size of 7500
square feet on the westside of S .W. 95th north of S .W.
Commercial Street.
3. The site is designated Urban Low Density Residential
(4 units per acre) on the NPO #2 Plan and zoned R-7.
4 . Applicable policies from the NPO #2 Plan are as follows:
Policy 5 . Residential subdivisions will be developed
with paved streets, curbs and gutters, street lights
and walkways according to city or county standards.
All utilities will be placed under ground.
Policy 6 . Development will coincide with the provision
of public streets, water and sewage facilities. These
facilities shall be (a) capable of adequately serving
development and (b) designed to meet City or county
standards.
5. Section 17. 16. 100 states that:
"No tentative plan for a proposed subdivision and no
tentative plan for a major partition shall be approved
unless:
a. Streets and roads are laid out so as to conform to
the plats of subdivision or maps of major partitions
already approved for adjoining property as to width,
general direction and in all other respects unless
the city determines it to be in the public interest
to modify the street or road pattern.
STAFF REPORT
AGENDA 5. 4
TIGARD PLANNING COMMISSION
qg October 3, 1978 7: 30 P.M.
Page 2
b. Streets and roads held for private use are clearly
indicated on the tentative plan, and all reservations
or restrictions relating to such private roads and
streets are set forth thereon.
c. The tentative plan complies with the comprehensive
plan and applicable zoning regulations of the city then
in effect.
d. No tentative plat of a subdivision or map of a major
partition shall be approved unless there will exist
adequate sewage disposal system to support the proposed
use of the land described in the proposed plat. "
6 . The site is currently occupied by a single family residence
which is located in the northeastern most portion of the
parcel. This home has been excluded as part of the
preliminary plat submission and a separate lot created. A
mixture of large deciduous and conifer trees are scattered
throughout the remaining portion of the site which is
vacant and relatively flat and surrounded by single family
development.
7. Water service is available from the Tigard Water District' s
eight inch line in S.W. 95th Avenue. Sanitary sewer service
is available via an eight inch line in S .W. 95th Street.
8. The applicant has indicated on the preliminary plat that
finish floor elevations will be at an elevation that will
allow roof drains for all lots to drain to the proposed
street.
9. Southwest 95th. Street is designated on the NPO #2 Plan as
a local street requiring 50 feet of right-of-way, there
currently exists the necessary right-of-way. Southwest
95th is in substandard condition (e .g. no curbs, sidewalks,
street lights, etc. ) .
10. No name has been provided for the proposed cul-de-sac
street within the development.
Section 17. 16 .070 of the Tigard Municipal Code requires that
street names be included on the preliminary plat.
II . Conc].usionary Findings:
1. The proposed preliminary plat of "Angelynn" conforms to ?'
the NPO #2 Plan in that:
a. The proposed use is low density residential and the
lotting pattern conforms to the dimensional requirements
of the R-7 zone .
STAFF REPORT
AGENDA 5. 4
,�,. TIGARD PLANNING COMMISSION
October 3, 1978 - 7: 30 P.M.
Page 3
b. Adequate water and sewer facilities are available
to serve the proposed subdivision.
c. Each lot as proposed will abut a public street.
2 . The city staff has re-evaluated the subdivision with {
reference to the applicant ' s request.
III . Staff Recommendation: E.
Staff recommends approval with the follosiing condition:
1. That a non-remonstrance agreement be signed by the applicant
providing for the future improvements on 95th (LID - 95th
Avenue) . This revised condition will replace the former
condition #1 of June 8, 1978.
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TIGARD • -C1TY OF TIGARD
P.O. Box 23397
12420 S.W. Main, Tigard, Oregon 97223
June 8, 1978 �.
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Mike Mahon & Leon Bruneau
11285 S.W. Walnut
Tigard, OR 97223
RE: S 4-78
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Dear Mr . Mahon & Mr. Bruneau:
Please be advised that on June 8, 1978, your application to
create a 8 lot subdivision on a 2.28 acre parcel in a R-7,
"Single Family Residential" zone at S.W. 95th Avenue , north
of S.W. Commercial Street (Wash. Co. Tax Map 181 35CD, Tax
Lot 2400) was approved by the City of Tigard Planning Director .
This approval is subject to the following conditions:
1 . That a half street improvement to local street
standards be made along the S.W. 95th Avenue (from
the northeast property line of Tax Lot 2400 to the
southeast property line of Tax Lot 2401) . No
building permits will be issued until construction
drawings have been approved by the public works
department and the necessary bond filed.
2. That a storm water plan be submitted for Public
Works Department approval which meets the City 's
interim storm water detention ordinance.
3. That fire hydrants be placed as per Tigard Water
District and City of Tigard regulations.
4. That easements be provided according to public '
works department specifications for drainage and
utility purposes.
5. That street trees in accordance with the Design
Review Board approved list be placed along S.W.
95th Avenue and the unnamed cul-de-sac street .
6. A name be provided for the cul-de-sac street
subject to public works department approval.
7. The existing residence (Griffin) located in the
northeast corner of Tax Lot 2400 be included
within the Final Plat boundaries.
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ANGELYNN (S 4
June 8, 1978
Page 2
8. Special design consideration be given to locating units
in order to protect and retain the existing trees on
the site.
If you have any questions, please do not hesitate to contact
the City Planning Department at 639-4171.
Sincerely, rA
John Laws
Associate Planner
JL: db •
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Enc.
cc: Lloyd & Matilda Griffin
Martin Engineering Co. •
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Note: The following acknowledgment must be received by the
City of Tigard within fourteen ( 14) days of your
receipt of this letter. Failure to return this acknow1edgme.-
' may result in action by the City of Tigard.
Please retain carbon copy for your files and return the original
to us .
I hereby acknowledge this letter documenting the action of the
Tigard Planning Director. I have received and read this letter,
and I agree to the decision here documented and to abide by any ,
terms and/or cgnditions attached.
/-e-/-/-97‘' •
--?—'aJ C:. r�/ —'-t .1"��!~-✓'. ..rte i--,,�.!.! _r - _ 3
Signature - Date
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7.11
STAFF REPORT
lit AGENDA 5. 5
TIGARD PLANNING COMMISSION
October 3, 1978 - 7 : 30 P .M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon
Docket: Conditional Use CU 24-78 (Shady Lane Office Complex)
Request: For a conditional use permit to construct a professional
office building on a 1.54 acre parcel in a A-2 "Multi-
Family Residential" zone and C-3 "General Commercial" zone.
Location: On Shady lane and approximately 160 feet east of Greenburg
Road (Wash. Co. Tax Map 1S1 35B, Tax Lots 201 & 203) .
Applicants: Theodore Bare and Kenneth Lewis
I . Findings of Fact:
1. The northern portion of the site is designated "Retail •
Commercial" on. the NPO #2 Plan and is presently zoned
C-3 "General Commercial" . The southern portion of the
site is designated "Retail Commercial" on the NPO #2 Plan
and is presently zoned A-2 "Multifamily Residential" .
2 . The proposal to locate an office complex other than real
1i1`v estate type in a C-3 zone and A-2 zone requires a
conditional use approved by the Planning Commission.
3. The total proposed parcel is surrounded by Shady Lane
fronting the northern portion of the property and a
gas station north of Shady Lane. There is commercial use
to it 's northwestern and residential use to the west and
southwest with "Retail Commercial" designation. The
southern portion (approximately 1/3 of the property) is
in the flood plain and Greenway area. To the northeast is
an existing C-3 use and the continuation of the flood plain
to the southeast.
4 . There exists an 8 inch sewer line and 8 inch Metzger water
line to service the area.
5 . Shady Lane is a state road and with existing 60 feet right-
of-way. The proposed development will utilize the existing
driveway off of Shady Lane.
6 . The applicant proposes a two story office building of 6 ,200
square feet total on the northern property and a two story
office building of 7,200 square feet total on the southern
portion.
II. Conclusionary Findings:
1. The request conforms with the existing zoning and Compre-
hensive Plan conditional uses.
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STAFF REPORT
AGENDA 5 . 5
41°' TI.GARD PLANNING COMMISSION
October 3, 1978 - 7: 30 P.M.
Page 2
2 . The flood plain along Ash Creek is identified on the 162
foot contour line; where the proposed 7,200 square foot,
two story office building will be located within the
contour.
3. The Environmental Design and Open Space Plan describes the
Greenway/Path System:
"In addition to park land, this plan continues to
support the Greenway concept as a means of providing
open space and protecting the natural drainage system. "
(p. 30) .
4 . The Flood Plain District (chapter 18 . 57 of the Tigard
Municipal Code) permits off-street parking and maneuvering
areas, access ways and service drives located on the ground
surface. Excavation, grading and paving may occur to construct
said facilities; however, no fill shall be allowed for
of said facilities other than gravel for a
construction o g
paving base and only an amount of gravel commensurate with
city construction standards for said facilities shall be
allowed.
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The proposed development indicates that there will be parking
and lawn area within the flood plain.
III. Staff Recommendation:
1. Staff recommends approval subject to the following condition:
1. That the identified Greenway area within the property
boundaries be dedicated tO the City and maintained by
the owner to the City ' s requirements.
2 . That the Greenway area be left in it' s natural state
with the exception of the owner cleaning out the dead
or dying vegetation.
3. That the applicant meets all requirements of the Flood
Plain District (Ch. 18.57) prior to approval of
building permit issuance.
4. That the applicant relocate the proposed southern
office building away from the flood plain area of 162
foot contour and that all buildings be no less than
three feet above the identified flood plain level.
5. Site drainage plans must be submitted and approved by
the Engineering and Building Departments for their
approval prior to issuance of any permits.
a