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Planning Commission Packet - 04/03/1979 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. i I I � r ; h � 4, AGENDA � TIGARD PLANNING COMMISSION � �� April 3, 1979 - 7:30 P.M. Fowler Junior High School - Leeture Room � 10865 S.W. Walnut Street - Tigard, Oregon ` � . a l. Open Meeting: % i 2. Roll Call: , ! 3. Approval of Minutes from Previous Meeting(s) : 4. Planning Commission Communication: 5. Public Hearings: A. Staff Report B. Applicant's Presentation C. Public Testimony ' 1. Proponent's 2. Opponent's 3. Cross-Examination D. Staff Recommendations �. Commission Discussion & Action 5.1 ZONE CHANGE ZC 8-79 (S.W. 110th Park) NPO #3 � A request by Ed Gause for a zone map amendment from City of Tigard � R-10 to City of Tigard R-7 "Single Family Residential" on a 1.45 acre parcel, located �ast of S.W. 110th Avenue at the west end of S.W. Garden Park Place (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1301) . 5.a ZONE CHANGE ZC 1-79 (Way W. Lee) NPn #4 A request by Mr. Way W. Lee for a general plan and program �eview of a general-commercial planned development and a zone map amend- ment from City of Tigard R-7 to City of Tigard C-3 PD on a 5 acre parcel, located on S.W. 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6502 (southern portion) . 5.3 CONDITIONAL USE CU 6-79 (The Robert Randall Company) NPO #1 A request by The Robert Randall Company for a conditional use permit to ope�rate several busiriesses in a M-4 "Industrial Park" zone on a 5.56 acre parcel, located at S.W. Burnh�m (Wash. Co. Tax Map 2S1 2AD, Tax Lot 2200) . G. Old Eusiness; I i� 7, New Business: 3. Other 13usiness: I � 9. Adjournment: i � _ � _ ;. r �; MIN�ITES �, • TIGARll PI,ANNING COMMISS20N ;,.' Apri1 3, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W, Walnut Street - Tigard, Oregon �. i. President Tepedino OPENED the meeting at 7:35 P.M. i' � ROLL CALL: Present: Tepedino, Wooc7, KolZeas, Bonn, Speaker, Helmer, Smith �; and Funk (;!. Absent: None, i' Staff: Howard and Selby ;;; There were no MINUTES submitted for approval. The only COMMUNTCATION was notice given by Hnward that the denial by the Planning Commission of the request for Zone Change ZC 2-79 by Lindal Cedar Homes, Inc. , was being appealed to the City Council. President Tepedino reac� the usual notice to the audience giving authority for the procedure to be followed during the public hearing portioris of the meeting. He thereupon opened the PUBLIC HEARING. 5.1 ZONE CHANGE ZC 8-79 (S.W. 110th Park) NPO #3 A requesi by Ed Gause for a zone map amendment from City of Tigard R-10 to City of Tigard R-7 "Single Family Residential" on a 1.45 acre parcel, located east of S.W. 110th Avenue at the west end of S.W. Garden Park P1ace (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1301) . s,. �_., Selby indicated on the wall map the location and surrounding land uses before ` H�ward presented the STAFF REPORT. i'; �`� The APPLICANT'S PRESENTATION was made by Joe Walsh of Waker Associates. There was no PUBLIC TESTIMONY. Tioward read the STAFF RECOMMENDATIONS. COMMTSSION DISCUSSION AND ACTION was very brief. Smith asked if the present designation of the property is R-7 according Lo the Comprehensive Plan. Selby affirmed that it is. Thereupon Speaker MOVED for approval of Zone Change ZC 8-79 based on staff i� findings and recommendatians. The motion was seconded by Helmer and passed �� unanimously. �;� 5.2 ZONE CHANGE ZC Z-79 (Wa� W. Lee) NPO #4 � A request by Mr. Way W. Lee for a general plan and proqram }'� review of a qeneral-commercial plann�d development and a zone j;f map amendment from City of T.�gard R-7 to City of Tigard C-3PD ,-f on a 5 acre parceZ, Iocated on S.W. 69th Avenue (Wash. Co, t{ Tax Map IS1 36AD, Tax Lot 6502 (sou�hern portion) . ;;j r�l � �;; �_� }� 1. �: 1 ° MINUTES " TIGI�RD PLANNING COMMISSION � ° April 3, 1979 - 7:30 P.1�I. Page 2 r Selby indicated the location of the property on the wall znap and described the surroundings and outZined previous appearances before and actians by the Planning � � Commission and the City Council. Howard read the STAFF REPORT. Ken Cole of Ken Cole & Co. , architects, Vancouver, Washington, made the �1Pl�LICAN'T"S PRESENTATION. He presented an architectural rendering of the complete project and explained the principal physical features and handling of problems inherent in the terrain. He stated the native vegetation would be removed and the project landscaped and planed in a coordi.nated manner. Speaker asked the timinq of the signal on Pacific Highway and 69th Avenue. Selby reported the last information from the Department of Transportation was that it would be installed probably by late 1980. Mr. Cole stated, in response to a question about the construction time 1ine, that the applicant lost its loan commitment when Planning Commissi.on approval was delayed last fall, and that consequently the financing and therefore the start of construction, is uncertain at thi_s time. The question of two accesses was raised. Mr. Cole stated the second access would be through the Plankhouse parking lot approximately 120 feet from the main entrance. There has been no negotiation as yet between the applica�t and the owner of the Hi Hat Restaurant concerning ar,cess through the Hi Hat parking lot. Howard read the STAFF RECOMMENbA.TIONS. COMMISSION DISCUSSION AND ACTION: Smith expressed concern at� the density and : lack of open space not covered with asphalt, and the location within possible � drainageways or a sensit?.ve lands area, in the light of the prospective revised sensitive lands ordinance. Se1by stated this proposal in no way violates the present sensitive lands ordinance. Helmer expressed concern about the feasibility of access by large fire eq�uip- ment to the middle of the r.omplex. Selby stated the Fire Marshall had reviewed the plans and�saw no paYticular probl�m. in�th'is regard . He stated this is a subject for further review k�y staff for this and other site design concerns. Wood r�vxewed past Commission action and expressed the aonviction that since the applicant had received approval of the Planning C�mmission with conditions which he has met or wi11 comply with as the project progresses, it is inappropriate to attempt to revise the density at this time. Wood MOVED for approval of the general plan and program submitted for Zone Change ZC 1-79 based on staff findings and recommendations, with the adclition of a Condition No. 9 reading as follows: "That during the design review phase, the Fire Marshall be asked to recanfirm that acaess by fire equipment will be adequate. " The motion was seconded by Kolleas and passed, with Smith abstaining. 5.3 CONDITIONAL USE CU 6-79 (The Robert RandalZ Compan�) NPO #1 A request by 7'he Robert Randall Company for a conditional use permit to operate several businesses in a M-4 "Industria.Z ; Park" zone on a 5.56 acre parcel, located at S.W. Burnharn ,�;� (Wash. Co. Tax Map 2S1 2AD, Tax Lot 2200) , �� '; I �..,.._ _ . � ' i MINt,rTES • TTGARD PLANNING COMMIS5ION April 3, 1979 - 7:30 P.M. Page 3 In introducing this agenda item, Selby reviewed the history of the business uses of this facility and stated the Fire Marshall, in a very recent inspection, found no v5.olations of the fire codes. Howard read the STAFF REPORT. APPLICANT'S PRESENTATION was made by Steve Mozinski of The Robert Randall Company, who explained in detail the business operations for wh.ich approval was being s�ught. Althou.qh the tenant for whom a.pproval for chemical work was sought has found other faeilities, the applicant desires approval for such use by possible future tenants. There was no PUBLIC TESTTMONY. Howard read the STAF'F RECOMMENDATIONS. CROSS EXAMINATION: �nTood questioned the noise level of the machine shop. Bill Hughes, operator of the machine shop, listed the equipment he uses, none of which is very noisy in operation. A question about the operation of the Clayton Manufacturing Co, was answered with the statement a�ll work is done off the premises--that equipment is stored but not used here. Selby made corrections to the staff recommendations as follows: "Condition 3: That eacYt unit be limited to three employees. "Condition 4: The uses will be limited to: plastic manufacturing and �; printing, chemical laboratory work (but note subsequent modification) , mechanic's �'�;., shop, wood �.ssembly, and electronics ma.nufacture. P,11 new tenants shall obtain a business license," Adding as Condition 7: "That eaah use on the subject site be approved by the Fire Marshall and Building Department Director prior to issuance of business license." COMl�iI5SION DISCU5SION AND ACTTON: Tepedino related the evolution of uses of so-called mini warehouses over the last approximately three years, ancl suggest�d the conduct of "Iive" activities in such facilities appeared to be a growing need. This was followed by a general discussion of "mini warehouses" which appears to be a not very accurate name for the activities conducted in them. Howard spoke in favor of authorizing uses so a Planning Commission appear�nce need not be made with each change of tenant, pointing to the prospective Koll Business Center as a similar situation. Wood expressed concern about the terminology relating to chemical laboratory wark--that i� must be found similar to "researc�, development and test laboratories". Speaker suggested the basic concern in chemical nperations is the fire hazard, and offered as a substitute for Condition 1: "That any use involving chemical materials be approved by the Fire Marshall." Wood, however, called attention to thP wording of the o�dinance, which is specific and governing. � � � i '. �; _ . _---- _ --- i h MINUTF•S ° TTGARD PZANPdING CQMMISSIQN April 3, 1979 - 7:30 P,M. Page 4 '�p After further discussion, Wood MOVED for approval of Conditional Use CU 6-79, b ased on staff findin s and recommendations as modified with Condition 1 modi£ied g � to read: "That any research, development and testing laboratory use be approved by the Fire Marshall." The motion was seconded and carried unanimously, OLD BUSINESS: Howard reviewec3 time constraints with respect to the sensitive lands ordinance, and the difficulty of getting action on this an:d other matters from the City Attorney. Since the City Council is the ultimate authority he suggested alternatives to passing it as is directly to the City Council so the LCDC deadline of the end of this month can be met. Wood expressed two concerns on the sensitive lands ordinance: (1) �t is notably lacking in the critical area of standards; (2) In its present form it would be clearly unconstitutional in the light of at least two Supreme Court decisions. He felt we should not submit an ordinance which we did not feel would withstand a court challenge, which would necessitate competent legal review. He suggested the use of a subcommittee to bring a revised ordinance for discussion to the Planning Commi:sion. The President recognized City Councilwoman Stimler, who suggested the Planning Commission recommend to the City Council the use of an attorney specializing in land use matters to review this ordinance. She felt the Council would be receptive to such a suggestion under the present circumstances. Th2 Commission discussed this suggestion, the work a subcommittee could do, time frames, etc. , at length. ��. Tepedino MOVED: (a) The Planning Commission notify the City Council there has been a delay in the processing of the Sensitive Lands Ordinance and that the Planning Commissian has formed a subcommittee to study the proposed ordinance and i prepa.re recommendations to the full Planning Commission; (b) that the Planning Commission recommend to the City Council the hiring of an attorney specializing in land-use m�tters to review the proposed ordinance; and (c) the the revised, reviewed ordinance then be submitted to the City Cauncil for action. The motion was seconded and carried. The President asked wYio would have time available to work on the sub�ommittee and thereupon named the following to serve on the subcommittee: Tepedino, Funk, Sr�eaker and Wood, with Wood as chairmaT�. The subcommittee was charged ta inake a presentation to the Planning Commission on Apri1 17, with a study session on April 24 with the subcommittee in aharge of the pre�entation. It was felt that the attor.ney named by the City Council for the purpose should be present at the Apri1 24tr study session meeting. NE[a BUSINESS: Howard related a situation with respect to the Pick's Landing Subdivision on Durham Road. One of the conditions to the development was half- street improvements to Durham R�ad. However, in about two years the County expects to rebuild this road, effectively destroying the improvements cal.led for. TYae developers theret'ore have agreed to provide a two-inoh asphalt overlay on 830 feet of Durham Road, and will subject tlie Homeowner's Associatian to a nonremonstrance ��, -�-�-,-: , . e . MINUTES TIGARD PLANNING COMMTSSION Apri1 3, 1979 - 7:30 P.M, Page 5 ', �` agreement for the impr.ovement af Durham Road whien the County does the work. TYie arrangement meets with City Council approval, but since tk�e condition was placed : on the projeat by the Planning Commission it was referred k�ack to the Planni,ng Commission for approval of this an►endment. It was the consensus this revisi�n ' be approved. i There being no additional busines5 to come before the meeting, the �President declared the mee�ing ADJOURNED at 9:35 P.M. {�t `�... �i �' � �� 1 i � � �I f � ' > � , > . „ . , .:�I PUBLIC NOTICE TIGARD pI,ANNING CQMMISSION April 3, 1979 - 7:30 P.M. � �? Fowler Junior High School - Lecture Room ' 10865 S.W. Walnut 5tree•t - Tigard, Oregon � 5. PUBLIC HEARINGS ' S.1 ZONE CHANGE ZC 8-79 (S.W. 110th Park) NPO #3 � A request by �d Gause for a zone map amendment from City of Tigard R-10 to City of Tigard R-7 "Single Faznily Residential" on a 1.45 acre parcel, loc�ted east of S.W. 110th Avenue at the west znd of S.W. Garden Park Place (Wash. Co. Tax Map 2S1 3DD, Tax T,ot 1301) . 5.2 ZONE CHANGE ZC 1-7y (Way W. I,ee) NPO #4 ' A request by P4r. Way W. Lee for a general plan and program review of a ' general-commercial planned devel�pment and a zone map amendmen� from City of Tic}�rd R�7 to City of Tigard C-3 PD zane on a 5 acre parcel, located on S.W. 69th Avenue (Wash, Co. Tax Map 151 36AD, Tax Lot 6502 (southern portion) . S.3 CONDITIONAL USE CU 6-79 (The Robert Randall Company) NPO #1 A request by The Robert Randal.l Company for a conditional use permit to operate several businesses in a M-4 "Industrial Park" zone on a 5.56 acre parcel, located at 8900 S.W. Burnham (Wash. Co. Tax Map 2St 2AD, Tax Lots 2200 & 2300) . �.. 5.4 MISCELLANEOUS-MINOR LAND PARTITTON MLP 18-78 (H.B. Williams) NPO #7 i� An appeal by a surrounding property owner in regards to a condition pZaced j on the project for approval by the Planning Director on 12/12/78 for the i; minor 1a:nd partition. The site is located at 11000 S.W. 121st Avenue (Wash. Co. Tax Map 1S1 34CA, Tax L'ota 600 & 614) . Note: This hearing may be continued to a date set specific by the Planning " Commz s s ion. I Publish TT 3/21/79 & 3/28/79 I I I � . � . . . . ., .. .. . . .. . . . . . . . . . . . . .. . . . . � . . .. . � .. . . . ._ . .. .. �ri � j � $1 , �; S7!AFF REPORT 1i AGENDA 5.1 ';; TIGARD PLANNING COMMISSION �', _ April 3, 1979 - 7:30 P.M. ' Fowler Junior High School -- Lecture Room 10865 S.W. W�lnut Street - Tigard, Oregon Docket: Zone Change ZC 8-75 (Ref.: S 2-79 & CU 4-79) �' �� Applicant� Mr. Ed Gause Owner: Same as appliaant 14635 S.La. 133rd Avenue Tigard, Oregon 97223 Application Date: March 12, 1979 j Site Location: East of S.W. 110th Avenue at west end of S.W. Garden Park � (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1301) . i Request: For a zone map amendment from City of Tigard R-10 to City of Tigard R-7 "Single Family Residential" on a 1.45 acre parcel. Previous Action: The applicant appeared befor.e the Planning Commission on March 6, 1979 requesting a conditional use permit for four duplex units. The Planning Commission approved the request. However, the condi�iona�l use permit for duplexes was reduced to allow one duplex unit. Therefore, the applicant is returnin5 before the Planning Commission for a zone change to allow 7,500 square foot lots in the "Single Family R�sidential" �_" zone. �:a�:,. I. Findings of Fact: 1. The site is designated "Urban Low Density Residential" (7,5b0 square f�ot lots) on the NPO #3 Plan and is presently zoned R-10 (10,000 square foot lots) "Single Family Residential". 2. Applicable policies from the NPO #3 Plan are: "Density" - Policy 4 (Page 13) "Supplementary Facilities and S�rvices" - Policy 5 & 6 (:Page 14) 3. The applicant proposed to aonstruct four (4) single family units along the northern portion of the pr�perty and one duplex on the southeastern section of the lot. 4. The site slopes from the southeast corner dropping approximately three percent diagonally to the northwest corner. 2'he surrounding property uses are a residential unit to the west across S.W. 110th and single family units directly to the north. To the east and directly south are duplex units and the Garden Park Place duplex planned development. 5. Southwest 110th is designated as a local street requiring 50 feet � of right-of-way. �'` 6. A l�cal standard street is being constructed within the Garden Park Place development that when continued will pass throughaut 1ot 1301 and the subject site. . , . , �. _ _ -.�s '� STAFF REPORT >AGEND� 5.1 . TIGARD PLANNING COMMISSION April 3, 1979 - 7:30 P.M. Page 2 7. Unified Sewerage Agency service and the Tigard Water service is � available to thzs site. � II. Conclusionary Findings: � � i l. The zone change request conforms to the Comprehensive Plan i ' designation for this area. � r 2. Southwest 110th is in substandard condition having ina�iequate right- ; of-way or paving width, na 'curbs, gutters or sidewalks and in' its present conditi.on is overcapacitated, � � 3. 5ewer and water services are available to this site. . � I3I. Staff Recommendations: Staff recommends approval of the zone change request subject to the following conditions: '' 1. The applicant dedicate the adequat� distance (as determined by City �j' Engineer) of right-of-way along S,W. 11Oth, and construct half street t�' improvements to City Standards prior to issuance of building permits. 2. That the required construatian anid drainage plans �e su�mitted an.d appraved with the necessary bond agreement to the Engineering and } �r`t Buildi.ng Departments for approval prior to issuance of permits. � 3. No changes will be made to approved plans or specifications unless � formal application is made to the appropriate departanent and changes 't,� are approved by that department. Application for changes will be �� made in� writing and shall a.nclude applicable drawings, engineering '. specifications and other detaa.ls requested by the department. No `� construction shall take place iri these instances until after the ;; changes have been approved. Atiy devi.ation from this eondition will '' result in the immediate posting �f a stop work order on the project f; or any portion of the projee�. �� e., € ;> R�port prepared by: Ken Seliby Reviewed by: e Howard Associate City Planner � a ning Director z� l�y $" � � � � �� : ;, j;; ,. �� ;� t<; ;; � �� ,;�; �� :� � � � �'�� ;,' ��'. 4 � ST.�1FF REPORT �;� AGENDA 5.2 j;'; TIGARD' PLANNING COMMISSION E, April 3, 1979 - 7:30 P.M. � , . Fowler Jtznior High School ° Lecture Room �;; 10865 S.W. Walnut Street - Tigard, Oregon D�cket; Zone Change 1-79 (Commercial Planned Develapment) (Ref. : 7C 17-78) .� Applicant: Way W. Lee Owner: Same as applicant 5210 S.E. 26th S�reet Portland, Oregon 97202 Application Date: June 20, 1978 - Preliminary Plan and Program Ma.rch 7, 1979 - General Plan and Drogram Site Location: Southeast- 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6502 (souther_n portion) . Request: For a genexal plan and program review of a general commercial planned development and a zone map amendment from Ci�ty of Tigard R-7 to City t of Tigard C-3 PD zone on a 5 acre parcel. Previous Action: The applicant requested a zone change from R-7 to C-3 on October 3, 1978 before the Planning Commission. The request was denied. The applicant appealed the decision of the Planning Commission to the City Counail. On November 27, 1978, the City Council moved to remand the application back to the Planning Commi.ssion as a Planned Development. On Januar.y ; 23, 1979, the Planning Commission approved the applicant's preliminary plan and program. The applicant is now prepared to present the general ; plan and program before the Planning Commission. �: ;i I. Findings of Facta l. The five acre parcel is presently zoned R-7 "Single Family Residential". 2. The NPO #4 Plan designates this azea to be "Of_fice Park" with permitt�d uses to include professional/commercial office use. 3. Applicable policies from the NPO #4 Plan are: i "Lot size": - Policy 25 "Traffic concerns": - Policy 17 and 18 "Supportive facilities": - Policy 21 4. At the preliminary plan and program review, �he following i conditions were required of the appli�ant prior to the general pl.an �. and program hearing: i; ; l. That the ten conditions stated in the findings of fact be complied F'' r with as required (see attached January 23, 1979 staff report) . ^ �: ,, „ 2. That the landscape plan with vegetation survey, narrative, and , �'� illustration be completed prior to general plan and program „ review. ' ' i; ;a � r i �. � �. k � � .. . � . . � . � . ' . . . . � :: ..Ai . � . . . . . � . . � .... . . . . . . .. �. . ..... �. � . . '."_ .. . .... . �..�'. . ;�:�, .. . � �. ... .. . � � ' � .. '� . � .� � 1 I, .. � " I.��', , STAFF REPORT f; AGENDA 5.2 ,; TIGARD PLANNING COMMISSION �::. April 3, 1979 - 7:30 P.M. Page 2 ',, � 3. That the applicant provide at least two accesses to the property � prior to the issuance of building permits. r 4. Thai; the staff be directed to work with the'Hi Hat Restaurant and the applicant to assure alleviation of any adverse effects occasioned by the development of the applicant's property upon access to the Pacific Highwyy from the restaixrant, prior to General Plan review. 5. The applicant has met where possible, the conditions as required. Some of the conditions will be finalized through the continuing approval process when applicant obtains various City permits. 6. The staff was directed to work with the applicant and the owner of Hi Hat Restaurant to alleviate any adverse effects the development may cause on the access to Pacific Highway from the restaurant. The staff did research the potential problem and worked with the two parties. Tt has been found that no 3dverse conditions will be cre�ted or extended due to the proposed project adjacent to the restaurant. The applicant and Hi Hat owner were rvot able to negotiate any mutual access agreement and staff was unable to force a resolve of differences between the two parties. II. Conclusionary Findings: � 1. The applicant has furnished grading, dr.ainage, landscape, building `' and site plans Jhowing the additional conditions in narrative or �; illustrative form as required by the Plann.ing Commission, City 4 Council and Pianning Staff. 2. The project is in keeping with the intent and Policies of NPO #4 Plan. III. Staff Recommendations: Staff recommends approval of the general plan and program as submitted subject to the following conditions: 1. That applicant provide a soil analysis test by an independent company to identify any problems, and possible solutions, findizigs to be reported to the City Engineer and Building Department for approval prior to . issuance of permits. . ', 2. That construction and drainage plans be submitted and approved by the City Engineer and Building Departments prior to issuance of pexmi.ts. 3. That the site drainage system be subsurface (or other method as requested by the Building Official) to the approval of the Building ,, Department prior to final building inspection. <,' `:i 4. Lighting sha11 be provided on site to the satisfaction of the Building C � Department. � w:�.. l`1 }.: E, �;' : < �. ` , , .. � :�, ;: :. , _ ,. � F � STA�'F REPORT • � { AGENDA 5.2 TIGARD PLANNING COMMISSION j April 3, ].979 - 7:3�J P.M. Page 3 ��` 5. Access from 69th onto the site will be the same as th.e existing access on the Plankhouse parking area (or as otherwise required to the satisfaction of the Engineering and Building Departments) . 6. No final building inspection approval will be given until a traffic Iight is installed and operating at the intersection of 69th and 99W Highway to the approval of Oregon Department of Transportation. 7. That applicant submit a bond agreement covering compl.ete publ�:c works improvement on a11 portions of public right-of-way to include fu11 street improvement (to oollector street commercial standards7 on 69th extension to subject projects prior to issuanCe of ,any city permits. 8. No changes will be made to approved plans or specifications uriless formal application is made to the appropriate department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings, engineering specifications and other cletails requested by the department. No construction shall take place in these instanees until after the changes have been approved. Any deviation from this condition will result in the immediate posting c�f a s�op work order on tk�e project or any portion of the project. �_ Report prepared by; Ken Selby Reviewed by; Howard Associate City Planner P n ng pirector . �. . � _ _ � , :_ _ . ,�, . �: 'rA , . �,. � • / STAFF REPORT � l AGENDA 5.4 ` TIGARD PL'A[V[JING CO�L`�IISSION I r Januazy 23, 1979 - 7:30 P.M. �`~ Fowler Junior High School - Lecture Room � ].0865 S.T�. Walnut Street - Tigard, Oregon � . Dockete 2one Change ZC 1-79 (Ref. : ZC 17-78 - Way W. Lee) � � � Applicant: Way W. Lee ' Owner: Way W. Lee . Location: Southwest 69th Avenue (Wash. Co. Tax Map J.SI. 36AD, Tax Lot 6502, southern Portion) . • � • •Request: Foz a preliminary plan and Program review of. a qeneral co�nerci.al p7.anned . development, and a zone map amendment �ram City of Tigard R-7 "Sa.ng].e . Family Residential" to City of Tigard C-3PD zone for a 5 acre parce].. ' I. Findings of Fact: • 1. The five acre parcel is presently zoned R-7 "Single Fami7.� Residential" � zone. 2. The NPO #4 Plan designates this area to be "Office Park", with pe.r.mi��e�3 • • uses to include professional/commercial office use. ��- 3. At a public hearing on October 3, 1978, the Pl.anning Commiss�.�ons' decision to deny the 2one change request as presented was based on fihe mot,i.on by Co�nissioner U7ood who stated, ". . .... applicant shall resubmit �.n place of "p1.an" make a planned einit development from tlze requested zone it wi�,l mitigate concerns." This statemen� was taken from the transcript a.f this meeting. 4. �n Navember 27, 1978, the City Council, approved the fallowing action, in respanse to an appeal by Mr. Way W. Lee ot the action tak�n by �he planninq Commission� . � Motion to remand back to Planning Commi.ssa.on as a Planned Developmen� w-ith ten (10) amended conditions approved by unanimous vote of Cou�ncil. 5. mhe ten (10) �a.mended conditz.ans arE as �ollo*as: 1. That applicant provide a soiX analysks test by an inde�endent c.ampany to identify any prablems, and possible solutions to be reporte� t,o the � City Enqineer and Builc3ing Department for approval prior ko issua�ce . of permits. 2. That construction and drainage plans be submitted and a�proved bX the ' � City Enqineer and Building Departmen�s pri,or to issuance oF pez�mi,ts, � 3. That the site drainage system be subsurface (or otk�er method as � requested by the Building Official) to the approval of the Buildinq Department prior to final bua.lding inspection. _. � __. _ _ . _. �... . _. _ . _ .� . I STAFF REPORT `. � . � AGENDA S.4 TIGARD PLANNIb1G CO�L^1ISSION January 23, 1979 - 7:30 P.M. . � • Page 2 `F �.�,t` '4.� { 4. That a significant vegetation survey be �ubmitted to the City `44 Community Des�.gn Plannex fox• condi�i�ns to r�qui.re Jlandscaping approval prior to issuance of building permxts. , 5, Should an ingress/eg�ess be provid�d betvreen the subject si�e and t.�:� Hi Hat Restaurant, a joint u�e agreemen� must be signe3 by both � property owners prior �o final building i.nspection. 6. Lighting shal.l be provide3 on site �o the sa�is�act3.on of the Bui�.diz�:� Depart.ment. Especial,ly in zegards to th� vehicle access }�e�we�r. Lne Hi FTat Kes�auzant arid the subjec� s�.�e, if such an acoess as 3x�dicatar� in Cor,dition #5 exi,s�s. 7'. �ccess f'rnm 69th onto the sit2 will be the same �s the existi.nq accESs on ich� plankhouse paxking area (or as athezw�.se requixed to the satisfaction of the Engineering and Bui.Iciz.r�g De�artments) . Ei. i�o final building inspectxon approval �.�i.11 be given until a traffi.c light is installed and o�erating at the i.ntexsection of 69th and 99W fIighway to the approval of Oregon De�artme�t of Transportatiar,. � 9. A11 qn site vehiale passageway sha11. be no Iess than SO feet ractxus. '� ,� �0. TYtat applicant submit a bond agreement covering comp]Lete pu�].ic �ork�;u improv�ment on aIl portions a£ public ric�ht--of-way to includ.e ful�. street impr.ovement (to collector street commercial standaxds) on 69th • �xtension to subject projects pri.ox to .i.ssuance of any city permi.ts, i' 6, Z'he staf� has worked with the agplicant in preparing ths necessazy preYiminary plan and program with the incorporation o£ some of the ten condi�.ions to comply with the Planning Commission, Ci.ty Council and the Tigard Municipal Code Bool�, Section 18.56. �. �he surrounding land uses are :restaurants �o the north, a restaiazant �o the west, O.E.S. offices to �he south, and single family uni.ts barderinq the east side oF the parcel. �3. �h� site has �2--25`-k slogP movine� f.r..r,,m west ta c��st. Th�re is �n e;tcess nf ZS3 sl.ope �.ocated on fi.he eastern si��e o:E the pro�ezty, 9. mhere exis�s some I.arge mixture of evergreen trees along the sou�hearn and northern portion of the property. ' ' 10. 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 Wate.r Districfi. , . 11. The proposed development will have access fram the continuation o� 69�h whieh presently has a 60 foot right-of-way to the subject site, .-°.,; . , i � 12. 5ixry-ninth feeds on�o 99W which is presently bei.nq studied by Oregon L�epartm�nt of Transpartation for improvements to enhance traffic tlow anc? safety. Improvements are tentatively scheduled to be financed and instal.led . in approximately two years or by the end o� 1980. . . = STAFF REPORT � ` . i � • AGENDA 5.4 . � TIG�'LRp pLF�VNINIG CO�L•IISSION .7anuary 23, 1979 - 7:30 P.bt. � Page 3 � 13. The applicant proposes to build three office buildings. The buildi.ng to the south will be three stories with 29,400 square feet; the buiJ.ding , in the middle is two stories, 19,600 square feet and the northern bui5.di.nq i.s two story, 19,000 square feet. II. Conclusionary Fir�dings: . _ 1. The Oregon Department of Transportation (ODOT) has identified the intersection of 69th & 99W as wazranting a signal light. , � 2. Th� District Highway Engineer has stated that �he propos�d develo�ment wi1l. generate approximately 568-1,420 average dail.y traffic (p,DT) , pend�.ng on the type af aff3ce use. ' 3. This additional growth in traffic with the exis�ing xestaurant traffic coming off 99W anto 69th will increase the need fax a traffic signal at � the corner of 69�.h and 99W. � 4. The O.regon Department of Transportation further stated that the tr�f£ic � approaahing from the north to sou�h along 99KV has an existing tzaffi,c . hazard of horizontal visibility to traffia turning onto 6yth. Therefare, , caution should be• considered in continuing tQ �ntensify r., develo�ment in ' this area prior to proper traffic management improvements. r �� 5. The locat.�on and size of the propose�l buildings will intensify �Che existinq topography that will zequire excessive grading, 6. The s�.te has poor drainage capability that can be resolved with gxoper � drainage developmeat. 7. Tk�e applicant has furnished grading, drai�nage, buildi.ng and site Qlans , showing the additional conditions in narrative or i.l�us�r��iue £arm � ms required by the Planning Commission, City Council and Planning Staff. III. Staff Recammendations: Sta£f zecommends approval of the applicant's prelimi_nary plazi and pragra,a-t review subject to the following conditions: 1. mhat the ��,Qn condi�tions stated in the findings of fact be compl.ied with as required. � . 2. That the landscape plan with veg�tation survey narrative and illustr��ion be �ompleted priar to general plan and program xeview. .. ' 3. Under Findings of Fact 5(5) should be amended to read: � . ' That an ingress/eqress be provided b'etween the subject si.te dnd the Hi Hafi Restaurant by a joint use agreement, which must be si�lyed by both pro�erty owners prior to issuance of building permits. �� StafP report prepared by: Ken Selby , Associate City Planner . January 18, 1979 . � ...... ,._....,.: . ...,.,.,.ri�....,,�...,..r„�,....-..,.,�.�., _ _ _ __ _ _ _.....,.. __..._. , ._� . . _. �.........,..� , i' � � � �� '��' � �,i r�, STAFF REPORT ;''� AGENDA 5.3 � TTGARD PLANNING COMMISSION Apri1 3, 1979 - 7:30 P.M. �. FoWl.er Junior High 5chool - I,eciure Room µi 10865 S.W. Walnut Street - Tigard, Oregon Docket: Condit9.ona1 Use CU 6-79 "Security Mini Storage° �;� (Ref. : CU 2-74, CU 7-75, CU 24-76 & CU 38-77) Applicant: The Robert Randall Company Owner: Same as applicant 8900 S.W. Burnham Tigard, Oregon 97223 Application Date: February 26, 1979 Site Location: 8900 S.W. Burnham Street (Wash. Co. Tax Map 2S1 2AD, Tax Lot 2200). : Reqeust: For a conditional use permit to operate a wood assembly, chemical lab, mechanical regair, metal manufacturing plaster printing, electrical assembly and machine shop in a M-4 "Industrial Park" zone on a 5.56 acre parcel. Previous Action: In February 1974, the Plaizning Commission approved a conditiona� use permit for a "mini storage" warehouse. In ,7une 1976, the Planning • Commission approved a policy for reviewing potential businesses located i at the warehouse site. � September 7, 1976, the Planning Commissian using the review of businesses policy criteria approved a conditional �;:+ use permit on the "mini storage" site for furniture manufacturing. �; � November 15, 1977, the Planning Commission approved a conditional use permit to allow an electronics assembly business on tYie subject ''� si�e. 7'he applicant has since permitted clientele to operate various assembly, printing, and manufacturing businesses. Therefore, the applicant is presenting a conditional use permit before the Planning Commission to allow such operations. General Statement: Since 1974, the "mini storage" warehouse and small business operation , has functioned at the subject site with no major disturbance or nuisance 'j reported by the fire, pol.iae or City departments. However, several businesses were operating without a business license. 'I'hey have been ic3entified and have since purchased the necessary license. I. Findings of Fact: l. The site is presently zoned and designated on the NPO #1 Plan as M-4, �` ' "Industrial Park". ;'; ;:: 2. The NPO #1 P1an intends that the industrial lands southeast of the commercial downtown area be developed to support small business like �-� ��.,. operations that will not increase traffic congestion or noise nuisanoe. ia I!,:' i; ;.� �;, } . . . ... .. . . !':�'� 1-. 't , � (, f'� � S�AF'F REPQR�' (:;: .� , AGF.NDA 5.3 j;I TIGARD PLANNING COMMISSION ;.�� April 3, 197�9 - 7:30 P.M. �� Page 2 , 3. The applicant is requesting a conditional use permit and acknow3:edgement ,:i of permitted uses under Section 18.52.010 and 18.52.020 of the Tig�rd f' Municipal Code for the Following: Plastic manufacturing and printing, chemical lab work, mechanic shop, wood assembly, and electronic manufacturing. (See applicant's � February 19, 1979 narrative) . 4. The chemical lab will need to be found by the Planning Commission as a similar use to the permitted use of "research, develnpment and test laboratories. " , 5. The site is developed with two 40' wide x 600' long mini storage units one one 94' wide x 600' long mini warehouse, office and workshop unit. The site has a "live-in" residence for a grounds keeper & a managers'office ' for security and business functions. 6. The surroundin g land uses are the General Telephone office to the east, - S.W. Durnham street and Air King Trust Manufacturing to the north. 7.b the west is a single family unit, the USA sewer i:reatment plant and police department. To the south is open space and Fanno Creek. The '� entire surrounding land uses are zoned ar designated M-4. ' f. ��' ' 7. Sewer and water are presently ava�:lable to the site. '��. � 8. Sauthwest Burnham has been adequately improved on the frontage of the site. � II. Gonclusionary Findings: � ;� 1. The proposed uses are in keeping with the permitted, conditional and similar uses of the M-4 zone and NP� #1 Plan. �, , 2. Adequate sewer, water and street improvements exist on the site. 3. The sites operation as a "mini storage", small business assembly and manufacturing uses have a history of reputabl.e status while creating � no noise, sight nuisance, traffic congestion or safety hazard to surrounding properties or neighbors. � I II. Staff Recommendations: ; Staff recommends a roval of the conditional use � PP permit subject to the follow,ing conditions; l. That the chemical lab use be approved by the Fire Ma:rshall. 2. That the Fire Marshall inspect and approve the uses of each building, on the site. �. � . ,� � STAFF RPEORT AGENDA 5.3 TIGARD PLANNING COMMISSION � April 3, 1979 - 7:30 P.M. t� Page � 3. That each unit be limited to three (3) persons. 4. The uses will be limited to those listed on the narrative dated February 19, 1979. Any change in occupancy of a tenant must obtain a business license. 5. That no single business be permitted to rent more than two (2) units spaces for business operation. 6. No changes will be made to approved plans ar specifications unless formal application is made to the appropriate department and changes are approved by that department. Application for changes will be made in writing and sha11 include applicabl� drawings, engineering specifications and other details requested by the department. No construction shall take place in these instances until after the changes have been approved. Any deviation from this condition will result in the immediate posting of a stop work order on the project or any portion of the project. Report prepared by: Ken Selby Reviewed by: A di 6ward Associate City Planner P n' g Director ��. i �