Planning Commission Packet - 11/14/1978 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PLEASE NOTE: The original paper record has been archived and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.
AGENDA
TIGARD PLANNING COMMISSION
November 14, 1978 7: 30 P .M.
Fowler Junior High - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon
1 . Open Meeting -(7: 30 P.M. )
2 . Roll Call :
3. Minutes of the Meeting of:
4 . Planning Commission Communication:
5 . Public Hearings (8 :00 P.M. ) :
5. 1 MAJOR LAND PARTITION MLP 1-78 (Mercury Development, Inc. ) NPO #7
A request by City Planning Staff to amend condition #2 of MLP
1-78 (approved 10/11/78) on a 28 acre site in a C4-PD and Wash.
Co. RU-4 zones on S .W. 122nd & Scholls Ferry Road (Wash. Co.
Tax Map 1S1 34B, Tax Lot 400) .
5 . 2 SUBDIVISION S 1-78 (Hambach Park) NPO #5
A request by I .F . Construction Company to amend condition #1
of S 1-78 (preliminary plat approved 4/13/78) on a 7 . 61 acre
parcel in an R-7 "Single Family Residential" zone , at east
side of Hall Blvd. , approximately 300 feet south of Bonita
Road (Wash. Co. Tax Map 2S1 12B, Tax Lot 1800) .
5. 3 CONDITIONAL USE CU 28-78 (Consolidated Supply Co. ) NPO #5
A request by Consolidated Supply Company for a conditional
use permit to construct an outside storage building in a M-3
"Light Industrial" zone on a 9 . 2 acre parcel located on Fanno
Creek Acre Tract (Wash. Co. Tax Map 2S1 12D, Tax Lots 2800 ,
2900, 3000 & 3100) .
5 . 4 VARIANCE V 13-78 (Consolidated Supply Co. ) NPO #5
A request by Consolidated Supply Company for a variance to
site obscurring fence that is requred for outside storage
building in a M-3 "Light Industrial" zone on a 9 .2 acre
parcel located on Fanno Creek Tract (Wash. Co. Tax Map 2S1
12D, Tax Lots 2800 , 2900, 3000 & 3001) .
6 . Old Business :
7 . New Business :
Study Session -
IMPLEMENTATION OF THE HOUSING PLAN:
IF - Comprehensive Plan Revision and Zoning Ordinance and Map
Amendment:
o AGENDA
TIGARD PLANNING COMMISSION
November 14 , 1978 - 7 : 30 P.M.
au Page 2
Creating a new single family residential designation 1
(Moderate Low Density 6 units per acre 5 ,000 square
feet minimum plot size) and applying it to specific
areas in NPO'.s #1 , 3-7 .
• t
- Comprehensive Plan Revision and Zoning Ordinance Amendment
to make high density residential (40 units per acre maximum) - {;
an outright permitted use in a portion of NPO #4 (Tigard
Triangle) .
- Zoning Ordinance Amendment to allow individual mobile homes P
as an outright permitted use in R-5 and R-7 zones, subject
to specified standards , and as a conditions) use in a R-10 u
zone; to allow mobile h me parks as an outright permitted
use in an R-5 zone and as a conditional use in an R-7 zone. t1
- Adopt method for locati. 'g low-income housing in the community.
- Adopt Regional Housing Opportunity Plan as basis for estimating
the City' s "Fair Share" of moderate and low income housing.
- Subdivision Ordinance amendment to reduce strict width
standard on local streets. S,
- Change some utility location requirements with regard to the
paved portion of streets.
- Review possible methods of reducing discrimination against
children in rental housing.
Cj
8 . Other Business:
9 . Adjournment:
t{F
pp
6
•
MINUTES
TIGARD PLANNING COMMISSION
November 14 , 1978
Fowler Junior High Lecture Room
10865 S . W. Walnut - Tigard, Oregon
1. Call to order:
The meeting was called to order by President Tepedino at
7 : 30 p.m.
2 . Roll call:
Present: Brian, Funk, Helmer, Seeber, Smith, Speaker,
Tepedino, Wood.
Absent: None (one position vacant) .
3 . Approval of minutes:
Postponed.
4 . Communications :
None .
5 . Public Hearings:
5 . 1 Major Land Partition MLP 1-78 (Mercury Development, Inc.) NPO #7
The Planning Director announced this item had been deleted
from the agenda.
5 . 2 Subdivision S 1-78 (Hambach Park) NPO #5
A request by I . F. Construction Company to amend condi-
ion #1 of S 1-78 (preliminary plat approved 4/13/78) .
on a 7 .61 acre parcel in an R-7 "Single Family Resi-
dential" zone, at east side of Hall Blvd. , approximately 300
feet south of Bonita. Road (Wash.Co. Tax Map 2S1 12B,
Tax Lot 1800) .
A. Staff report:
Read by Selby.
B. Applicant' s presentation:
Lawrence C. Meinz, P.E . , confirmed that the Commission
had copies of the October 20, 1978 letter from Mohr,
Bancroft & Associates, Inc. , addressed to the Planning
Director which states the position of the applicant.
He offered to answer any questions.
C . Public testimony:
None.
Page 2
D. Staff recommendation:
Staff recommended approval of the applicant's request to
eliminate Condition #1 of April 13, 1978, requiring cul-de-sac
landscaped islands.
E. Commission discussion and action:
The question of whether a landscaped island would be an impediment
to access by fire equipment was raised. Ken Fuglee of the Tual-
atin. Rural Fire Protection District stated there are no applicable
standards. He did not feel a landscaped island would present an
impediment to fire equipment.
Concern was expressed that if the staff recommendation to eliminate
condition No. 1 of April 13, 1978, be approved, the applicant
would not thereby be relieved of providing a berm and landscaping
along Hall Blvd.
Wood moved that condition No. 1 of April 13, 1978, be modified
to read:
"That a berm be provided along the Hall Blvd. frontage
and a landscape plan for the berm be submitted for design
review approval prior to approval of the final plat."
Speaker seconded the motion, which passed unanimously.
5.3 Conditional Use CU 28-77 (Consolidated Supply Co.) NPO #5
A request by Consolidated Supply Company for a conditional use permit
to construct an outside storage building in a M-3 "Light Industrial"
zone on a 9.2 acre parcel located on Fanno Creek Acre Tract (Wash. Co.
Tax Map 2S1 12D, Tax Lots 2800, 2900, 3000 and 3100) .
A. Staff report:
Read by Selby.
B. Applicant's presentation:
Ron Adams of Beaverton, attorney for Consolidated Supply Co. , out-
lined the order of the applicant's presentation.
Stephen Lee, architect, presented the applicant's site plan and explained
the important features.
Wayne Morris on behalf of Southern Pacific, spoke in favor of the con-
ditional use and in opposition to any requirement (condition No. 6 of
the staff recommendation) that the applicant dedicate 30 feet of right
of way along the soutern portion of the property from the end of the
cul-de-sac to the west property line. (The purpose of such dedication
would be to give access to an unimproved 30-foot public right of way along f�
the west boundary of the parcel.) He reviewed the history of the
is
MINUTES
TIGARD PLANNING COMMISSION r'
November 14, 1978
Page 3
development, including alternatives previously considered and rejected I
(principally because of Fire Department objection to long cul-de-sacs) .
He doubted the 30-foot right of way along the west 'boundary would ever be
developed because of the cost, estimated by Robert Mayer, PE,at $175,000. k
Karl E. Neupert, President of Consolidated Supply Co. , reviewed the history
of his company. He stated his desire to move his two Portland locations
and the company's headquarters onto this one site in Tigard. He out-
lined the nature of the business done and told what kind of material
would be stored in the outside yard.
Stewart Hill, a geotechnical engineer of CH 2 M-Hill, reported on the soil
conditions and geology of the site. His company's study indicated no
physical obstacles to the development as proposed.
Ron Adams, attorney, summarized the previous testimony and spoke against
the requirement for a 30-foot street dedication as called for by staff
recommendation No. 6. He pointed out that the applicant does not need
either the 30-foot street dedication requested, nor improvement of the
30-foot unimproved public right of way along the west boundary of the
tract for circulation on or through its property. He suggested the owner
of the property on the north seek access to his property across the
Burlington Northern tracks from S. W. 74th Avenue via a PUC temporary
-U permit.
C. Public testimony:
Proponents:
None.
Opponent:
Mr. Harvey King, owner of the parcel to the north of the applicant's
property spoke in opposition. He stated he is able to get only a revocable
permit for access to his property across the Burlington Northern tracks, ;,
a condition he feels is intolerable. He wanted to retain the option of
access along the 30-foot unimproved right of way running south from
his property. He was asked by the Commission if he would bear the cost
of improving the 1600 feet of unimproved right of way. He said he could
not comment on that at this time.
D. Staff recommendation:
Staff recommended approval subject to the following conditions:
1. That the storage area be defined in its size to the approval of the
Planning Commission.
2. That the site construction and drainage plans (especially in regard
to the wetland condition) be submitted and approved by the building
department prior to issuance of permits.
l4
MINUTES
TIG„ARD PLANNING COMMISSION :!
November 14, 197
Page 4 That the storage yard area be paved to the standards
of the building department prior to final inspection
of the warehouse.
4. That a site obscuring fence be placed around the
storage yard (type and height) as determined by the
Planning Commission (see V 13-78) ,
5 . That the height of the outside storage above the sere
ening be determined by the site design planner .
•
6 . That the applicant dedicate 30 feet of right-of-way
along the southern portion of the property from the end
of the cul-de-sac to the most western portion of the
property line.
7 . 20%That the applicant be permitted to eliminate 200 of the ,ICI
parking spaces per the Tigard Municipal Code, Section
15, 04, to compensate for the expansion of the 30 foot
right-of-way dedication .
o Ron Adams, Attorney, stated that Consolidated Supply
would be willing to provide a 30' "reserved" access
strip along the western boundary of the property to
allow to Mr. King ' s property with the condition that
Consolidated Supply not be included within a future local
improvement district (LID) for the improvement of the
30 ' public right-of-way,
E. Commission discussion and action :
A wide-ranging discussion followed, includi ng the options
and costs of access to Mr . King ' s parcel . In the course of
the discussion Ken Fugalis of TRFPD stated the Fire De-
partment has no problems with the staff report . Wood moved
approval subject to staff conditions #2, 4 and 5; and that
Condition #6 be modified to read: 6. That the applicant
reserve 30 feet of right-of-way along the southern boundary
from the end of the cul-de-sac to the most western portion
of the property line, to be dedicated to the City of Tigard
whenever the 30-foot unimproved right-of-way along the ap-
plicant 's west boundary is improved. However, the ap- =i
plicant shall not be required to participate in an LID for
improvement of either the presently unimproved north-south
30 foot right-of-way, nor the 30 foot reservation for pos-
sible future dedication .
Speaker seconded the motion, which passed with Smith voting
nay.
�rtji
77777771
MINUTES
TIGARD PLANNING COMMISSION
-i:. November 14, 1978
Mir Page 5
5.4 Variance V 13-78 (Consolidated Supply Company) NPO #5
A request by Consolidated Supply Company for a variance to
site obscuring fence that is required for outside storage
building in a M-3 "Light Industrial" zone on a 9 . 2 acre •
parcel located on Fanno Creek Tract (Wash. Co. Tax Map 2S1
12D, Tax Lots 2800, 2900, 3000 & 3001) .
A. Staff report :
Read by Selby .
B. Applicant ' s presentation:
Stephen Lee, architect for Consolidated Supply, presented
photographs of the site from various locations on the
perimeter to show that railroad embankments preclude the
necessity for a sight-obscuring fence along the east and
west boundaries of the property .
C. Public testimony :
( Proponents :
IL
None.
Opponents :
Mr. Crosby, S .W. 74th Avenue, spoke in Opposition to the
variance, stating that his residence was high enough for
the proposed yard and its contents to be visible. Mr.
Adams on behalf of Consolidated stated the applicant would
be willing to construct a visual screen along such of the
west boundary as to protect Mr. Crosby ' s view.
Mr . King expressed opposition, but it was pointed out
the conditions detailed for the east and west boundaries
did not apply to the north boundary , and that a visual
barrier was prescribed along the northern property line .
D. Staff recommendation :
Staff recommended approval with the condition that the ap-
plicant construct a visual barrier with a sight-obscuring
fence along the northern property line, height and type to
the satisfaction of the Planning Department .
•
r '
MINUTES H
TIGARD PLANNING COMMISSION
`..November 14, 1978
Page 6 i'
E. Commission discussion and action :
Brian asked what the cost of the "gardship" of construct-
ing a sight-obscuring barrier around the perimeter as
opposed to only the north end, might be. Mr. Neupert
stated they had not calculated the cost , but were desirous
of avoiding any unnecessary cost , and that they felt the
sight barrier on the east and west property line (except
as required to protect the view from Mr . Crosby ' s property
on 74th Avenue) to be unnecessary because of the unique
location between two railroad embankments .
Wood moved approval based on staff findings, with the con-
dition that the applicant construct a visual barrier with
a sight-obscuring fence along the northern property line
and along such of the south end of the west boundary as
necessary to protect the view from Mr. Crosby ' s property
on 74th Avenue, the height and type to be to the satif-
faction of the Planning Department .
Speaker seconded the motion, which passed unanimously .
6 . Old business :
•
None.
7 . New business :
None
At 9: 55 the President recessed the meeting until 10 o ' clock.
10: 05 Discussion began on the Subject of Implementation:
President Tepedino asked what topics the members of the
audience wished to speak on. Several individuals res-
ponded, some of whom wished to speak on more than one topic .
Larry Svart of the, Planning staff presented the staff
report on Item "A" relating to the authorization of smaller
lot sizes . Questions raised by the Commission members
included :
Why should just 45% of buildable lots be zoned for smaller
lots?
Is this Tigard ' s "fair share" of such lots?
MINUTES
TIGARD PLANNING COMMISSION
November 14 , 1978
Page 7
Might we have a more difficult time in negotiating with
developers of PUDs when making trade-offs?
Mark Greenfield, attorney for 1, 000 Friends of Oregon,
400 Dekum Building, Portland, testified in support of
the staffs proposal.
Cliff Ashley of NPO #1 expressed opposition on the basis
of the adoption of NPO #1 Plan .
Irving Larson of NPO #4 opposed proposals for NPO#4.
Larry Svart of Staff presented staff recommendations on
Item "B" , high density residential as an outright permit-
ted use in a portion of NPO #4 (Tigard Triangle) .
Cliff Ashley spoke in opposition . Mark Greenfield ( 1 ,000
Friends) spoke in favor . David Campbell expressed con-
cern over mixing the high density residential with the
light manufacturing for which the area had been planned .
Also mentioned in the ensuing discussion was the air
pollution from I-5 which drifts into the area at times .
Staff and the commission members discussed timing for
approval of the implemention of the housing plan . From
the public discussion it was apparent much more public
input would be highly desirable before approval by the
Planning Commission . It was agreed the proposals should
be given to the respective NPOs for their action, even
though this meant that work might be required to reactivate
some of them. This would make the desired schedule cal-
ling for approval by the Planning Commission by the end of
the year impractical , and perhaps crowd the July 1 , 1979,
LCDC deadline. It was felt,however, this would be pre-
ferable to proceeding without input from the established ,
channels for public input (the NPOs) , since it was
obvious some NPO members feel strongly about the issues
raised in the housing implementation plan.
On motion the meeting adjourned at midnight ,
PUBLIC NOTICE
TIGARD PLANNING COMMISSION
November 14 , 1978 - 7 : 30 P.M.
Fowler Junior High Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon •
5. PUBLIC HEARINGS
5.1 MAJOR LAND PARTITION MLP 1-78 (Mercury Development Inc. ) ' NPO #7
A request by City Planning Staff to amend condition #2 of MLP 1-78
(approved 10/11/78) on a 28 acre site in a C4-PD and Washington'
Co. RU-4 zones on S.W. 122nd & Scholls Ferry Road (Wash. Co. Tax
Map 1S1 34B, Tax Lot 400) .
5. 2 SUBDIVISION S 1-78 (Hambach Park) NPO #5
A request by I .F. Construction Company to amend condition #1
of S 1-78 (preliminary plat approved 4/13/78) on a 7 .61 acre •
parcel in an R-7 "Single Family Residential" zone, at
east side of Hall Blvd. , approximately 300 feet south of Bonita
Road '(Wash. Co. Tax Map 2S1 12B, Tax Lot 1800) .
5. 3 CONDITIONAL USE CU 28-78 (Consolidated Supply Co. ) NPO #5
A request by Consolidated Supply Company for a conditional
use permit to construct an outside storage building in a M-3
"Light Industrial" zone on a 9 . 2 acre parcel located on Fanno
Creek Acre Tract (Wash. Co. Tax Map 2S1 12D, Tax Lots 2800 ,
2900, 3000 & 3100) . •
5. 4 VARIANCE V 13-78 (Consolidated Supply Co. ) NPO #5
A request by Consolidated Supply Company for a variance to
site obscurring fence that is required for outside storage
building in a M-3 "Light Industrial" zone on a 9 .2 acre parcel
located on Fanno Creek Tract (Wash. Co. Tax Map 2S1 12D, Tax
Lots 2800, 2900, 3000 & 3100) .
6. NEW BUSINESS :
IMPLEMENTATION OF -THF.._HOUSING PLAN:
- Comprehensive Plan Revision and Zoning Ordinance and Map
Amendment:
Creating a new single family residential designation
(Moderate Low Density - 6 'units per acre 5,000 square
feet minimum plot size) and applying it to specific areas
in NPO' s #1, 3-7 .
PUBLIC NOTICE
TIGARD PLANNING COMMISSION
November 14 , 1978 - 7 : 30 P.M.
Page 2
- Comprehensive Plan Revision and Zoning Ordinance Amendment .
to make. high density residential (40 units per acre maximum)
an outright permitted use in a portion of NPO #4 (Tigard
Triangle. )
- Zoning Ordinance Amendment to allow individual mobile homes
as an outright permitted use in R-5 and R-7 zones, subject
to specified standards, and as a conditional use in. an R-10
zone; to allow mobile homes parks as an outright permitted use
in an R-5 zone and as a conditional use in an R-7 zone.
- Adopt method for locating low-income housing in the community.
- Adopt Regional Housing Opportunity Plan as basis for estimating
the City 's ,"fair share" of moderate and low income housing.
- Subdivision Ordinance amendment to reduce strict width standard
on local streets.
- Change some utility location requirements with regard to the
paved portion of streets.
- Review possible methods of reducing discrimination against
children in rental housing.
NOTE: This hearing may be continued to a date set specific by the
Planning Commission.
. Publish TT 11-1-78 and 11-8-78
•
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
November 14, 1978 - 7 : 30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: Subdivision S 1-78 (Hambach Park)
Request: A request to amend Condition #1 of S 1-78 (preliminary plat
approved 4/13/78) on a 7 .61 acre parcel in an R-7 "Single
Family Residential" zone.
Location: East side of Hall Blvd. , approximately 300 feet south of
Bonita Road (Wash. Co. Tax Map 2S1 12B, Tax Lot 1000) .
Applicant: I .F. Construction, Inc.
I . Findings of Fact:
1. The site is designated Urban Low Density Residential, 4 units
per acre on the NPO #5 Plan and zoned R-7 .
2 . The subdivision was approved on April 13, 1978 with the
following condition:
1. That a berm be provided along the Hall Blvd. frontage
and landscape islands be provided within the cul-de-sac
streets and a landscape plan for the berm and cul-de-sac
islands be submitted for design review approval prior to
approval of the final plat.
3. The applicant has addressed a letter to the Planning
Director expressing the reasons for the removal of the
landscape islands (attached letter dated October 20 , 1978) .
4 . The site is a gently sloping, vacant parcel. Surrounding
the subject parcel to the south, east and west is residentially
zoned property. The abutting parcel to the north is zoned
C-5, Limited Neighborhood Commercial and supports a single
family dwelling. Duplexes are located to the west across
Hall Blvd. on both sides of S.W. Pinebrook Street. An
apartment complex is located 400 feet to the north, on the
northeast corner of S.W. Bonita and S .W. Hall Blvd.
II. Conclusionary Findings:
1 . The City Engineer, Public Works and Planning Department agree
with the applicant that landscape islands increase per lot
cost of housing , are costly to maintain, are difficult to
enforce homeowner maintenance and encourage children to play
on traffic right-of-way area.
2 . Costly landscape areas are contradictive to the LCDC goals
and guidelines that promotes low cost housing, since each
developer transfers the cost of the asthetic construction
to each potential home buyer.
•
STAFF REPORT
AGENDA 5 .2
TIGARD PLANNING COMMISSION
w November 14, 1978 - 7 : 30 P.M.
IL Page 2
3. It has also been observed that the annual public works
budget to maintain public landscape right-of-ways has
increased causing a burden on the limited taxable revenue
of property to create the necessary funding.
4 . Finding methods on solutions to limit property tax and
city spending should be encouraged by local government agencies.
III. Staff Recommendation:
Staff recommends approval of the applicant's request to eliminate
condition 41 of April 13, 1978 requiring cul-de-sac landscaped
islands.
{ .4OHR BANCROFT
r & ASSOCIATES, INC.
CIVIL ENGINEERS
LAND SURVEYORS- PLANNERS
H.A. MOHR P.C., P.L.5. 140 N.E.THIRD AVE.
R.E. BANCROPT P.E., P.L.s!. HILLSBORO, DREOON 97123 PHONE 6 4B-4101
H.SIGMUND P.L.5.
RECEIVED
K.R.KRIEGER P.E. October 20, 1978
OCT 2 3 1978,
CITY OF TIGARD
Kenneth Weaver
Planning Director
City of Tigard
12420 S.W. Main
Tigard, Oregon 97223
Re: Hambach Park Subdivision
Dear Ken,
Regarding the preliminary approval of the referenced subdivision, I request
that you review the conditions of approval, particularly condition no. I as
it pertains to landscape islands in the cul-de-sac streets. Condition no.
II also addresses the landscape islands. The question of the islands arose
during preparation of the final plat and how the islands are to be designated
on the plat. Our specific questions and comments are as follows:
1) The islands will serve no specific purpose and, if possible,
should be eliminated. They pose future ,possible maintenance
responsibility for the City, since it"is questionable in our
experience (deed covenant or not) that the adjacent homeowners
will be willing to assume the responsibility.
2) If the islands can be eliminated, what process would be
appropriate and/or required?
3) If they cannot be eliminated, will the islands be indicated
on the plat as a "Tract", or will they remain as part of the
public right-of-way?
4) Please advise as to design standards for islands.
Hambach Subdivision
( Page 2
Our main objections to the islands are as follows:
1) They present a potential safety hazard, particularly since ,
they encourage children to play in the street. J
2) They restrict the turnaround mobility of safety vehicles.
3) They p resent a potential future maintenance problem.
4) They unnecessarily encumber the lots responsible for maintenance.
Please review the request and if I can answer any questions, don't hesitate 1
to call. 1
Very truly yours, E
MOHR, BANCROFT & ASSOCIATES, INC.
/4-4.--4-pie Me' t*
Loren D. Meinz, P.E. J
LDM/sw
encl.
cc: Tom Itel
John Haggman
la
STAFF REPORT
AGENDA 5 . 3 ',"
TIGARD PLANNING COMMISSION
November 14, 1978 7: 30 P .M. w
li Fowler Junior High Lecture Room j
10865 S .W. Walnut St. - Tigard, Oregon
Docket: Conditional Use CU 28-78 a
(Consolidated Supply Co. )
Request: For outside sotrage in a M-3 "Light Indust-rial" zone on a `
9 .2 acre parcel 0
Location: On Fanno Creek Acre track between the Southern Pacific and
E:!
Burlington Northern railroad tracks , north of Upper Boones
Ferry Road (Wash. Co. Tax Map 2S1 12D, Tax Lots 2800, 2900 , ;
3000 and 3100) . ,
t7
Applicant: Karl E. Neupert
t.i
I . Findings of Fact: ,.
1 . The subject parcel is zoned M-3 and is designated on the NPO
#5 Plan as "Light Industrial . "
2 . The applicant is requesting to develop an outside storage area
to accommodate space needed for supply and equipment that is "'
related to the type of business on the subject site.
a
3. Section 18 . 48 . 020 of the Tigard Municipal Code states, "Any 1
business, service, processing, storage or display essential
or incidental to any permitted use in the M-3 zone and not .
conducted entirely within an enclosed building" , requires a k
conditional use permit to be authorized by the Planning i'l
Commission
4 . The subject site (public work portion) is presently being
improved as part of the subdivision project by Southern Pacific
Transportation Co. which was approved on August 9, 1978 . 1,`
5 . The adjacent uses surrounding this site to the north, east and
south are light industry. West of 74th Avenue is open space 1
and industrial park as shown by the Neighborhood Plan #5 . Urban
low density residential is shown farther to the west beyond 1
the open space.
6. The applicant is proposing fifty thousand (50,000) square
feet of warehousing, ten thousand (10 ,000) square feet of
office and four thousand (4, 000) square feet of showroom.
7 . This site is in a wetlands plain which will require proper
drainage improvements .
8 . This industrial subdivision area is expanding the land use
designation. The area is prime for this type of use due to
Air
II its location to collector, arterial and highway connections .
The internetwork of streets will need some extension and
improvements to accommodate further industrial use growth.
i
r
STAFF REPORT
AGENDA 5 . 3
TIGARD PLANNING COMMISSION
November 14, 1978 7 : 30 P.M.
Page 2
9 . At present, the public work improvements include a four
hundred and sixty-five foot cul-de-sac terminating
approximately one hundred and ninety-five feet east of
applicant's most westerly property line. The applicant's
most westerly property line is adjacent parallel with an
unimproved thirty foot public right-of-way running north
and south from the most northern property line of tax
map 2S1 12A, tax lot 1800; south to Fanno Creek Place
approximately 3, 450 feet.
II. Conclusionary Findings;
1. The storage area should be defined to allow adequate space
but not to restrict proper vehicle maneuvering.
2. The storage grounds should be improved with adequate asphalt
to support the heavy storage use.
3 . In considering the long range potential plans of the applicant
to increase his business and the future development of the
4. 40 acres north of the subject site (lots 1600, 1700 and
1800) more heavy vehicle transportation is probable and
therefore, expanded circulation system will be necessary.
4 . Eliminating the distance of large, heavy vehicles traveling
,,, along a two lane 30 foot right--of-way for approximately 3/4
of a mile is desirable for the interest of health, safety and
welfare for the surrounding property owners and drivers.
5. Increasing traffic circulation where a concentration of large
heavy vehicles frequent is also desirable to offset traffic
congestion, and distribute traffic movement in all possible
directions.
6. The Traffic Safety Program researched by CH2M Hill and
adopted by the City in June 1970 , states :
"Streets can and should be designed and constructed to provide
the desired level of service. That is, traffic flow can be
stable, safe and efficient, with consideration of such factors
as speed, travel time, freedom to maneuver, traffic interruption,
driver comfort, and convenience. To satisfy these conditions,
a balanced street network is necessary. "
7 . The proposed extension of the cul-de-sac to the perpendicular
30 feet right-of-way west will provide for increase level of
service that will comply with the traffic safety program.
8. Section 18 . 72 . 010 of the Tigard Municipal Code states ;
"In rantin
g g approval of a conditional use the planning
commission may require, in addition to the regulation. and
standards expressly specified in this title, other conditions `:
AMOIMMEMM
STAFF REPORT
AGENDA 5 . 3
TIGARD PLANNING COMMISSION '
November 14 , 1978 7 :30 P.M.
Page 3
(.j
found necessary to protect the best interests of the .
surrounding property or neighborhood or the city as a j''
whole. The conditions may include requirements increasing
the required lot size or yard dimensions, controlling the
location and number of vehicular access points to the
property. "
III Staff Recommendation
Staff recommends approval subject to the following conditions :
1 . That the storage area be defined in its size to the approval
of the Planning Commission.
2 . That the site construction and drainage plans (especially
in regard to the wetland condition) be submitted and approved
by the building department prior to issuance of permits.
Ii
3, That the storage yard area be paved to the standards of the
building department prior to final inspection of the warehouse.
4 . That a site obscuring fence be placed around the storage
yard (type and height) as determined by the Planning I.
Commission (see V 13-78) .
5 . That the height of the outside storage above the screening
be determined by the site design planner.
6 . That the applicant dedicate 30 feet of right-of-way along the
southern portion of the property from the end of the
cul-de-sac to the most western portion of the property line.
7. That the applicant be permitted to eliminate 20% of the
parking spaces per. the Tigard Municipal Code, Section 15.04 ,
to compensate for the expansion, of the 30 foot right-of-way
dedication.
AMMIMINOM
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
November 14, 1978 - 7 : 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut St. - Tigard, Oregon
Docket: Variance V 13-78 (Consolidated Supply Co. )
Request: For variance to site obscurring fence that is required for
outside storage building in a M-3 "Light Industrial" zone
on a 9 . 2 acre parcel .
Location: On Fanno Creek Acre tract between the Southern Pacific and
and Burlington Northern railroad tracks, north of Upper
Boones Ferry Road (Wash. Co. Tax Map 2S1 12D, Tax Lots 2800,
2900, 3000 and 3100) .
Applicant: Karl E. Neupert
I . Findings of Fact:
1. The site is designated on the NPO #5 Plan as Industrial
and zoned M-3 "Light Industrial. "
2 . Section 18 .48. 060 (3) of the Tigard Municipal Code requires :
Enclosure and screening required, see Section 18 . 12 .080.
3. The applicant is requesting the extension of the elimination
of the site obsucrring fence for the following reasons:
1. As illustrated by the site plan and aerial photograph,
there are some extraordinary conditions that do not apply
generally to other properties in the same zone. This
property is separated from its adjacent developed properties
on the east by Southern Pacific Railroad' s elevated tracks.
With the addition of the elevated drill track on its eastern
property line, a stronger boundary condition will exist. A
similar condition exists on the west property line with the
elevated Burlington Northern Railroad' s tracks. Both of
these railroad tracks provide a definite boundary condition
and visual barrier into Consolidated Supply Co. 's property.
2 . The approval of this variance would be in accordance to
similar conditions that exist in this Light Industrial Zone.
For example: The automobile storage to the east is
surrounded by a security fence that is not sight obscurring.
With Consolidated Supply Co. ' s strong east and west boundary
condition with the railroad tracks, this property is even
more separated physically as well as visually than any
other properties in this area.
3. Because of the location of this property and its relation-
ship to the railroad tracks, the authorization of this
variance will not be detrimental to the property in this
zone or to any city development policy.
STAFF REPORT
AGEND 5 .4
TIGARD PLANNING COMMISSION
November 14 , 1978 7: 30 P.M.
ik Page 2
4. This variance is the minimum from the provisions of
Title 18 which will alleviate the hardship. Consolidated
Supply Co. recognizes its responsibilities to the adjacent
property owner to the north. Because there are no special
circumstances or topographical features which provide a
visual separation, Consolidated Supply Co. will provide a
visual barrier with a sight obscuring fence along this
northern property line.
4. Section 18. 76. 010 of the Tigard Municipal 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 the 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.
(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.
(3) The authorization of the variance shall not be 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.
(4) The variance requested is the minimum variance from the
provisions and standards of this title which will alleviate
the hardship. "
II. Conclusionary Findings:
1. The applicant has demonstrated that the request meets the
four required conditions of the variance code.
2. Should applicant' s expansion of his business create a need
for a storage yard site obscuring fence, the community design
planner will be responsible to require compliance of the
applicant for the fence.
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
•
November 14 , 1978 - 7: 30 P.M.
Page 3
III. Staff Recommendation:
Staff recommends approval with the condition that the applicant
construct a visual barrier with a site obscuring fence along
the northern property line (height & type) to the satisfaction
of the Planning Department