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Planning Commission Packet - 11/14/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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