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Planning Commission Packet - 04/15/1980
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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 April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard 1. Open Meeting: 2. Roll Call: 3. Approval Of Minutes From Previous Meeting 4. Planning Commission Communication: . 5. Public Hearing: A. Staff Report B. Applicant's Presentation C. Public Testimony 1. Proponent's 2. Opponent's 3. Cross-Examination D. Staff Recommendations E. Commission Discussion and Action 5.1 SITE DESIGN REVIEW, SDR 61-79 (Alexander) NPO #4 5.2 ZONE ORDINANCE AMENDMENT, ZOA 6-80 (City of Tigard) 5.3a ZONE ORDINANCE AMENDMENT, ZOA 4-80 (City of Tigard) 5.3b ZONE ORDINANCE AMENDMENT, ZOA 5-80 (City of Tigard) 5.4 ZONE CHANGE, ZC 12-75 (Greenway Town Center) NPO #7 5.5 VARIANCE, V 4-80 (Meekoms/Ascot Center) NPO #5 5.6 VARIANCE, V 3-80 (Natkin Company) NPO #5 5.7 ZONE CHANGE, ZC 5-80 (Dennis O'Neel) NPO #2 5.8 CONDITIONAL USE, CU 3-80 (Ronald Wirth) NPO #3 5.9 VARIANCE, V 2-80 (Shell Oil Company) NPO #2 6. Old Business: i 7. New Business: 8. Other Business: 9. Adjournment MINUTES TIGARD PLANNING COMMISSION April 15, 1980 - 7:30 p.m. Fowler Junior High School - Lecture Room 10865 SW Walnut St. -• Tigard, Oregon President Tepedino OPENED the meeting at 7:35. ROLL CALL: Present: Bonn, Funk, Helmer, Herron, Kolleas, Smith, Speaker, Tepedino Absent: Popp Staff: Howard The MINUTES of the March 18 meeting were considered, and on motion of Kolleas, seconded by Helmer, were unanimously approved as submitted. There were no COMMUNICATIONS either to staff or members of the Commission to be presented at this time. The president opened the PUBLIC HEARINGS portion of the meeting by reading the usual notice of authority for and procedure to be followed in the meeting. 5.1 SITE DESIGN REVIEW, SDR 61-79 (Alexander) NPO #4 A request by John D. Alexander to appeal the Planning Director's Conditions placed upon development of an addition to existing restaurant located at 11688 SW Pacific Highway (Wash. Co. Tax Map lS1 36CD, Tax Lot 1800 and 1900). Howard reported that Mr. Alexander has filed suit against the City of Tigard on this matter. He therefore suggested tabling for an indefinite time, during which this case can be settled in the courts. Upon motion by Bonn, seconded by Helmer, SDR 61.79 was unanimously tabled. 54.2 ZONE ORDINANCE AMENDMENT',"ZOA,6-!80 (Gity'of:Tigard) . A request by the City of Tigard for a Zone Ordinance Text Amendment for Chapter 18.20 of the Tigard Municipal Code deleting R-15 "Single Family Residential" Zones. Howard explained briefly the reason for this ordinance amendment, and recommended it be approved by the Planning Commission and forwarded to the City Council for adoption. There was no PUBLIC TESTIMONY. Ar MINUTES TIGARD PLANNING COMMISSION April 15, 1980 `'-.. Page 2 Lek Speaker moved approval of this amendment as submitted, and that it be submitted to the City Council for adoption. The motion was seconded by Kolleas and passed unanimously. 5.3a ZONE ORDINANCE AMENDMENT, ZOA 4-80 (City of Tigard) A request by the City of Tigard for a Zone Ordinance Text Amendment for Chapter 18.36 of the Tigard Municipal Code relating to the "Highway Commerciale (C•5) Zone. • Howard explained the apparent limitations under the present ordinance on larger parcels developing with desirable transportation patterns. This amendment is an attempt to encourage development in larger units. PUBLIC TESTIMONY was presented by J. B. Bishop, 10505 SW Barbour Blvd., Portland. He questioned the advisability of requiring a maxi- mum lot coverage of only 25 per cent, pointing out considerably higher lot coverages permitted in other zones which raise the question of symmetry and consistency. Staff agreed with the reasoning. Smith suggested 50 per cent was a little high, and staff proposed 40 percent, which was agreeable to the Commission. Speaker raised the question if it was intended to exclude medical offices from this zone. Since it was not, Sec. 18.36.010 (3) was amended to: "Administrative, professional, medical and general offices . . ." Kolleas MOVED approval of the ordinance as amended to 40 per cent lot coverage and inclusion of medical offices by the Commission and forwarding to the City Council for adoption. The motion was seconded by Helmer and carried unanimously. • 5.3b ZONE ORDINANCE AMENDMENT, ZOA 5.•80 (City of Tigard) A request by the City of Tigard for a Zone Ordinance Text Amendment for Chapter 18.32 of the Tigard Municipal Code creating an additional Conditional Use in the ,"Residential 1 Commercial" (C-4) Zone. Howard briefly explained the reason for this additional Conditional Use. In discussion it was ascertain1d this use as a small animal clinic was not purposely 'omitted from the permitted uses, and that because it is a conditional use, each case would` come .before the Com.. mission for review. There was no PUBLIC TESTIMONY. • t ,! 4 • MINUTES TIGARD PLANNING COMMISSION April 15, 1980 Page 3 Smith MOVED for approval of amending Chapter 18.32 by creating an additional conditional use and forwarding to the City Council for adoption. Helmer seconded the motion, which carried unanimously. 5.4 ZONE CHANGE, ZC 12—?5 (Greenway Town Center) NPO #7 A request by Dr. John S. Foster for a major change in the occupancies allowed in Greenway Town Center — more specif- ically, the allowance of a veterinary clinic located at SW 121st and SW Scholls Ferry Road (Wash. Co. Tax Map 121 30, Lots 501, 502, 401). Howard read the STAFF REPORT and RECOMMENDATIONS: The APPLICANT'S PRESENTATION was made by Dr. John S. Foster, who explained small-animal clinics are frequently located in shopping centers in the area and throughout the country. He explained the satellite operation of this clinic with the larger, full-service Raleigh Hills Veterinary Clinic. There was no PUS BLIC TESTIMONY. COMMISSION DISCUSSIop AND ACTION: Smith MOVED approval of Zone Change ZC 12.75 based on Staff Findings and Recommendations, including Condition 5 requiring passage of Zone Ordinance Amendment ZOA 5.80 by the City Council. The motion was seconded by Helmer and carried unanimously. 5.5 VARIANCE, V 4.80 (Meekoms/Ascot Center) NPO #5 A request by Daniel A. Meekoms for a Variance for two signs in a "Commercial Professional" (Coil)) Zone for the Ascot Center located at 7155 SW Varna Street (Wash. Co. Tax Map 2S1 1DB, Tax Lot 900). Howard read the STAFF, REPORT and RECOMMENDATIONS,, and referred to artists renderings of the signs the applicant proposed. The APPLICANT'S PRESENTATION was made by Daniel A. Meekoms, 7155 SW Varna Street. He explained that because many out-of-town and out-of. state persons call on the Century 21 offices, there is a public need for the sign proposed on Highway 217. There was no PUBLIC TESTIMONY. . j1L"= MINUTES TIGARD PLANNING COMMISSION April 15, 1980 Page 4 COMMISSION DISCUSSION AND ACTION: Smith observed that if this variance were granted for t;he reasons given, we would be faced with many similar requests for the same reasons. Speaker asked in what way the applicant would be hurt if the variance were not granted. Mr. Meekom stated the people would find their establishment, but that the proposed sign could eliminate lost time and unnecessary use of gasoline. Smith MOVED for denial of Variance V 4-80 based on Staff Findings and Recommendations. Kolleas seconded the motion, which carried unanimously. 5.6 VARIANCE, V 3-80 (Natkin Company) NPO #5 A request by Olson Argo Architects for a Variance from the side yard setback requirement of twenty (20') feet in a "Light Industrial" (M-3) Zone to ten (10') feet on a 4.19 acre site located at 14725 SW 72nd Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 1902). Howard read the STAFF REPORT Am RECOMMENDATIONS. There was no one present to make an APPLICANT'S PRESENTATION. .a There was no PUBLIC ,TESTIMOn. COMMISSION DISCUSSION AND ACTION: On a question by Smith, Howard explained that because the applicant is dedicating substantial greenway area he needs this variance of setback properly to utilize his property. There followed general discussion on the reason for the 20 foot set- back requirement; clearance of emergency services on the reduced setback; the alternatives to the applicant if the variance is denied; the topography of the adjoining property and the course of Fenno Creek; history of previous requests in this area, and the reason for not requiring a planned development on this parcel. Howard stated there would be a revised plan submitted to the Public Works Director, includ- ing topographic maps. On the basis that there is already a structure on the property line and that the applicant is donating floodplain and there appeared to be no loss of community values by allowing this variance, Smith MOVED approval of Variance V 3-80 based on Staff Findings and Recom• mendations. The motion was seconded by Kolleas and carried unanimously. At 8:33 the president declared a five-minute recess.. 5.7 ZONE CHANGE,'ZC 5-80 (Dennis O'Neel) NPO #2 A request by Dennis R. L'Neel for a Zone Change from Washing- ton County RU-44 to 'City of Tigard R•7 !'Single Family Residential" MINUTES TIGARD PLANNING COMMISSION April 15, 1980 Page 5 Zone located adjacent to the north side of SW North Dakota, 210 feet west of SW 95th Avenue and 250 feet east of SW 92nd Avenue (Wash. Co. Tax Map 1S1 35AC, Tax Lot 700). Howard read the STAFF REPORT and RECOMMENDATIONS. There was no APPLICANT'S PRESENTATION nor PUBLIC TESTIMONY. COMMISSION DISCUSSION ATD ACTION: Smith ascertained from staff there will be a full local street on the boundary of Lots 700 and 501, thus eliminating flag lots to the east of the subject site. At Speaker's request, Howard explained the topography and the options open to the developers to bring sewer service to these two developments, and the extent of half-street improvements along North Dakota. Bonn MOVED approval of Zone Change ZC 5-80 based on Staff Findings and Recommendations. Helmer seconded the motion, which was unanimously carried. 5.8 CONDITIONAL USE, CU 3-80 (Ronald Wirth) NPO #3 A request by Ronald Wirth for an extension of one (1) k year for the Conditional Use 32-78 located at 13800 SW 110th (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1300). Howard read the STAFF REPORT RECOMMENDATIONS. He reported the status of the development of Ed Gause immediately north of the site, and stated Mr. Gause is ready to develop the street called for but Mr. Wirth is not ready to finance his portion of the conditioned street, and apparently needs time to sell his property. Howard recommended consideration of a less-than one-year extension--perhaps 90 days. There was no APPLICANT'S PRESENTATION nor PUBLIC TESTIMONY on this issue. COMMISSION DISCUSSION ATD ACTION: Discussion centered on how to be sure of getting Mr. Wirth's half-street improvement within a reasonable time in view of Mr. Gause's desire to supply his half of the street fairly soon. After weighing pros and cons, it was MOVED by Smith that Conditional Use CU 3-80 be extended for one year, with an additional Condition that the applicant post a bond for the .half.. street improvement assuring completion of his half-street improvement within the year. Tepedinq seconded the motion. The ramifications of this condition and the situation upon failure or inability to post this I bond were outlined. The motion then carried unanimously. ,' j MINUTES TIGARD PLANNING COMMISSION April 15, 1980 Page 6 5.9 VARIANCE v.2-8o (Shell Oil Company) NPO #2 A request by Shell Oil Company for a Variance to allow additional sign height located at 9785 SW Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax Lot 200). Howard read the STAFF REPORT and RECOMMENDATIONS. Richard Hollingsworth, real estate agent for Shell Oil Company, 1425 NE Irving St., Portland, made the APPLICANT'S PRESENTATION. He described the location of the property and the impact of the new Tarbell building on the visibility of their sign from Highway 217 to northbound travelers. He stated 70 per cent of their business comes from off the highway, making identification by means of their sign very important. Shell Oil Company was not notified of the hearing on the variance of the height of the Tarbell building, although the property owner was notified and forwarded a copy of the notice to Shell about a month after the hearing was held; hence Shell's nonrepresenta- tion at that meeting. Mr. Hollingsworth detailed the history of permits issued for buildings and signs in this location. He considered the four require- ments for a variance in turn: (1) that exceptional or extraordinary conditions apply in this instance, because a previous use has been 1 taken away from these premises (i.e. an identifying sign visible from Highway 217); (2) this variance is necessary for the preservation of j the property right previously granted by the City; (3) the variance !! given to the adjoining property to exceed by eleven feet the building height limit is materially detrimental to the applicant's property; and (4) the variance desired is the minimum which will alleviate the hardship. Hollingsworth reported that in response to Howard's suggestion, investigation does show there is a location on the Tarbell property which has been offered to Shell by Tarbeliwhic.h would give the desired risibility, but that Tarbell would expect a monthly lease rental for its use and Shell did not feel having to pay a rental for this was right under these circumstances. PUBLIC TESTIMONY was given by Tom Dahl, operator of the service station, who favored the granting of the variance, stating the Tarbell building denies the station the identification it had before the building was built. Howard read into the record q letter from the owner of the property, Conrad Anderson, who asked for thf preservation of his former property right (i.e. a sign visible from Highway 217). • ■are. f:, MINUTES TIGARI) PLANNING COMMISSION April 15, 1980 Page 7 COMMISSION DISCUSSION An ACTION: Funk recognized the hardship but could not agree to raising the sign to 63 feet. Howard explained the owner of any off-site sign location would expect lease payments. Smith explored the situation had Tarbell not asked for and received a variance from the 35 foot height limitation. Considerable discussion ensued, and it was finally concluded even a 35 foot building would have obscured the sign at the permitted sign height. Likewise, increas- ing the sign height eleven feet or a little more would not give the desired visibility over the present Tarbell building, which is eleven feet over regular building height. Tepedino asked what the suggested lease payment to Tarbell was. Mr, Hollingsworth stated the matter had not been pursued'-they were unwilling to make any payment for such a lease. It was brought out that the Mobil station sign across Greenburg is 55 feet high, but that the property was annexed to the city after being developed to county standards. Tepedino felt the city should not be a guarantor of the value of this property for service station purposes. Smith inquired if there are other high signs along 217, to which Howard reported there are none. Speaker pointed out that earlier in the evening we had denied an identification sign along Highway 217 for another applicant. He suggested a possible solution is a highway facilities sign such as is common along I.-5, giving the facilities—gas, food, lodging, etc.--on which the Shell and Mobil and other logos would inform motorists of the facilities available at the next exit. Howard explained the intent behind the city's sign code, and reported every effort has been made to enforce it in order to minimize signs in the community, recognizing nevertheless there are some notable nonconforming signs at the present time. After considerable discussion Smith observed it appeared Shell's sign would not have the desired visibility whether or not the variance had been given to the Tarbell building. He thereupon MOVED for denial, based on Staff Findings and Recommendation, of Variance V2-80. Kolleas seconded the motion, which carried unanimously. OLD BUSINESS: Howard announced there would be a study session with the City Council on May 5 in this room. He called attention to the issues outlined in President Tepedino's letter of April 9 to Mayor Nickelson, and urged commissioners to add any other concerns which occur to them. Miss Herron inquired whether it might be advisable to have a meeting only of the Planning Commission prior to the meeting with the Council. A dinner meeting in the back room of Floyd's on Tuesday, April 29, at 7 p.m. was decided upon. NEW BUSINESS: Howard presented the resume of Joseph Jebbia, of Job's Seafood Market, for a position on NPO //l for approval by the MINUTES TIGARD PLANNING COMMISSION April 15, 1980 Page 8 Commission. It was the sense of the Commission this application be approved and sent to the City Council for appointment. Howard brought up .his memo stating Tualatin Development Company wishes the Copper Creek Planned Development to be developed in stages, with Stage 1 being 23 5,000 square foot lots off Pick's Court at the west side of the Copper Creek development. Howard presented the problems he foresaw if this was approved. There was considerable discussion, including arguments for the planned development concept on this site by Vlad Voytilla of Tualatin Development Company. Speaker suggested the developer had everything to gain by being put on the May agenda, since by the time of the meeting the Planning Commission would have had its internal study session and the study session with the City Council, and would be in as good a position as it ever would be to consider the proposal. This was the consensus of the Commission. Smith called attention to a subdivision in which a natural area is being filled in, and he cautioned that if the tree roots are covered very much there would be nothing but dead trees there a year or two hence. Staff is aware of the problem and will keep checking on it. The meeting adjourned at 9:58. i PUBLIC NOTICE TIGARD PLANNING COMMISSION k April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard 1 5. Public Hearings t'' 5.1 SITE DESIGN REVIEW, SDR 61-79 (Alexander) NPO #4 , f A request by John D. Alexander to appeal the Planning Director's Conditions placed upon development of an addition to existing restaurant located at f' 11688 SW Pacific Highway (Wash. Co. Tax Map 1S1 36CD, Tax Lot 1800 and 1900) . r, 5.2 ZONE ORDINANCE AMENDMENT, ZOA 6-80 (City of Tigard) 1 A request by the City of Tigard for a Zone Ordinance Text Amendment for Chapter 18.20 of the Tigard Municipal Code deleting " R-l5 "Single Family Residential" Zones. 5.3a ZONE ORDINANCE AMENDMENT, ZOA 4-80 (City of Tigard) i A request by the City of Tigard for a Zone Ordinance Text Amendment for Chapter 18.36 of the Tigard Municipal Code relating to the "Highway Commercial" (C-5) Zone. 5.3b ZONE ORDINANCE AMENDMENT, ZOA 5-80 (City of Tigard) A request by the City of Tigard for a Zone Ordinance Text Amendment for Chapter 18.32 of the Tigard Municipal Code creating an additional Conditional Use in the "Residential . Commercial" (C-4) Zone. 5.4 ZONE CHANGE, ZC 12-75 (Greenway Town Center) NPO #7 A request by Dr. John S. Foster for a major change in the occupancies allowed in Greenway Town Center - more specifically, the allowance of a veterinary 1 clinic located at SW 121st and SW Scholls Ferry Road (Wash. Co. Tax Map 1S1 34B, 501, 502, 401) . 5.5 VARIANCE, V 4-80 (Meekoms/Ascot Center) NPO #5 A request by Daniel A. Meekoms for a Variance for two signs in a "Commercial Professional" (C-P) Zone for the Ascot Center located at 7155 SW Varns Street (Wash. Co. Tax Map 251 1DB, Tax Lot 900) . 5.6 VARIANCE, V' 3-80 (Natkin Company) NPO #5 A request by Olson Argo Architects for a Variance from the side yard setback requirement of twenty (20') feet in a "Light Industrial" (M-3) Zone to ten (10' ) feet on a 4.19 acre site located at 14725 SW 72nd Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 1902) . PUBLIC NOTICE Ar NL TIGARD PLANNING COMMISSION April 15, 1980 - 7:30 p.m. page 2 5.7 ZONE CHANGE, ZC 5-80 (Dennis O'Neel) NPO #2 A request by Dennis R. O'Neel for a Zone Change from Washington County RU-4 to City of Tigard R-7 "Single Family Residential" Zone located adjacent to the north side of SW North Dakota, 210- feet west of SW 95th Avenue and 250 feet east of SW 92nd Avenue (Wash. Co. Tax Map 1S1 35AC; Tax Lot 700) . 5.8 CONDITIONAL USE, CU 3-80 (Ronald Wirth) NPO #3 • A request by Ronald Wirth for an extension of one (1) year for the Conditiona Use 32-78 located at 13800 SW 110th (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1300). 5.9 VARIANCE, V 2-80 (Shell Oil Company) NPO #2 A request by Shell Oil Company for a Variance to allow additional sign heigth located at 9785 SW Shady Lane (Wash. Co. Tax Map 1S1 35B, Tax lot 200) . . I .. ' TT Publish April 2 and April 4, 1980 • v !a 1 i1 ry ; EI 1' tt 1 is i. C _ _____ _________r_„,, ,,.,,..,m,,,mm,mmmvi 1 \ 40 ■•• 1 "PLANNING COMMISSION SIGN-UP SHEET" _ NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON INDICATED ITEM(S) . AGENDA ITEM: / REFERENCE:)2 - '2 DATE: /� J /� NAME� />� //� ADDRESS AGENDA ITEM: 5'72_Z REFERENCiPt eel DATE: NAME ADDRESS [:1 /? -/ 2Z,,rv6-_ AGENDA ITEM: G- REFERENCE: DATE: NAME /////+� ADDRESS C"-- f o5;1, ---=- .,_ ;� vi �. r -,�- / ry -- im RAge4“te see 4 ' �t. i. "PLANNING COMMISSION SIGN-UP SHEET" • r NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON INDICATED ITEM(S) . ill AGENDA ITEM: ,45": REFERENCE: DATE: NAME 717ESS _4.../4,./4./ /"-- / ,00747°1 .e • AGENDA ITEM: REFERENCE:` DATE: NAME ADDRESS - %. -;,--*#P,11" --7.- c-..„...._ 7"..) 7_,, ,, A---,.._, AGENDA ITEM: ..5 . , " REFERENCE: LDATE: NAME ADDRESS ,g--....---", .'''' -7- .0.e."- 1"/ "( .- ----. L1L L,_,I I 1 i I 1'-. / _ 1 1 I LI L I I 1 r , ' 14 i Z \ "PLANNING COMMISSION SIGN-UP SHEET" 1111 • 41: NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) , LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON INDICATED ITEM(S) . REFERENCE: .....,,„,...... AGENDA ITEM: i' i°::- , 21 DATE: I , NAME ADDRESS e....._ /-./ e---- i, e. ,,, -/-r " ( AGENDA ITEM: tr C6"1.7 REFERENCE: .-e5/47L) DATE: NAME DODRESS C z..2' re- ./ --- 6, 1 ............... (' 1 AGENDA ITEM: 5:—/-/:37 REFERENCE: 401 DATE: 1 I NAME c ........_. „ , STAFF REPORT AGENDA 5.1 TIGARD PLANNING COMMISSION April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard DOCKET: SITE DESIGN REVIEW, SDR 61-79 (John Alexander/Burger Boy Appeal) APPLICANT: Mr. John D. Alexander OWNER: SAME 11688 SW Pacific Highway Tigard, Oregon 97223 APPEAL DATE: February 7, 1980 SITE LOCATION: 11688 SW Pacific Highway (Wash. Co. Tax Map 1S1 36CD, Tax Lot 1800 and 1900) REQUEST: Applicant wishes to appeal Planning Director's Conditions placed upon development of an addition to existing restaurant. PREVIOUS ACTION: 1) See SDR 61-79, Staff Report (Exhibit A) 2) See February 7, 1980 letter of appeal (Exhibit B) 3) See March 4, 1980 letter to Mr. Alexander from Planning Director (Exhibit C) STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny this appeal. The NPO #4 Plan clearly states that Dartmouth should connect to 99W. This can only be accomplished through Tax Lot 1801 and additional right-of-way is required from Tax Lot 1800 owned by Mr. Alexander. Mr. Hale, owner of Tax Lot 1700, is cooperating. Mr. Finke, owner of Tax Lot 1801, has agreed to dedicate his entire Lot for the improvement. Marine Lumber has agreed to dedicate the necessary right-of-way to Pfaffle Street. If the Planning Commission denies this appeal, Mr. Alexander has the right to appeal to the City Council. Prepared and approved by Howard, Planning Director AHvmc Fell ... .r.....-. d•.- ta: : :_� c__r .4,,'•fi- �:"-.x:} ..a- new •, A` STAFF REPORT/SITE DESIGN REVIEW :. City of Tigard 12420 SW Main Street December 21, 1979 DOCKET: Site Design Review, SDR 61-79, John Alexander/Burger Boy Restaurant APPLICANT: Mr. John D. Alexander OWNER: Same 11688 SW Pacific Highway Tigard, Oregon 97223 SITE LOCATION: 11688 SW Pacific Highway (Wash. Co. Tax Map 1S1 36CD, Tax Lot 1900) SITE DESIGNATION: C-3 "General Commercial' on 99W PARKING REQUIREMENTS: One (1) space per each 100 square feet of gross floor area. In this case, the applicant proposed to add to an existing building (1440 square feet) . The addition will be 960 square feet making a total of 2400 square feet. Parking spaces required equal twenty four (24) . Applicant shows twenty seven (27) on .site plan. SITE PLAN/DESIGN REVIEW COMMENTS: The most important aspect of this mP P particular site is the fact that there is significant developable land to the south which must be served with transportation facilities in the near future. NPO #4 clearly outlines the need for a connection from the 1-5, Haines Road interchange west on Dartmouth Street across 72nd Avenue, then to the north to intersect with 49W. This property is the "key" to development of this proposed street system. At this time, the property owner directly to the west (Robert Randall Company) , has approached Staff with a development proposal. This applicant clearly understands the need for the NPO #4 street system and realizes that he must cooperate with surrounding property owners and has agreed verbally to do so. Mr. Alexander, in this case, has agreed verbally to cooperate also. One proposal is to bring the Darmouth extension to 99W through, between the Chalet Pancake House property and the Burger Boy Restaurant for a four way intersection with Pfaffle Street through the Marine Lumber Company property. At a meeting earlier this year with the people in this area, there was a great deal of discussion concerning this proposal. Since that time, Mr. Gordon Martin has not advanced his development plans for a large amount of property directly behind Mr. Alexander's property. Staff still has the responsibility to carry through with the NPO #4 plan for streets. Staff's position is that the Oregon Department of Transportation must be satisfied with any plans affecting 99W. Due to the fact that we now have adjoining g Propert1 owners who wish to develop, it seems logical to suggest that the location of the 99W entry for property to the south be through Tax Lots 1800, 1801 and 1900. 4 1 • - '1 - " STAFF REPORT/SITE DESIGN REVIEW SDR 61-79 December 21, 1979 Page 2 Staff is attempting here to formally notify this applicant that significant events in the future require that he dedicate a portion of his property for street improvements and share in the cost of these improvements. STAFF RECOMMENDATION: Staff recommends approval of this project with the following conditions: 1. Property frontage along 99W be improved by adding sidewalks, curbs, gutters and storm drainage. Plans for all work in the public right-of-way shall be approved by the Public Works Director of Tigard. All work in the public right-of-way on 99W shall also be approved by Mr. Ron Kleinschmidt of the Oregon Department of Transportation, 238-7437, prior to issuance of Building permits. 2. One curb cut on 99W shall be eliminated. One ingress/egress point shall remain and shall be thirty (30') feet wide with appropriate concrete aprons. 3. The front landscaping area shall be ten (10') feet wide behind the sidewalk installation. Significant vegetation shall be installed to screen the parking lot from the Highway. Site plan to be revised to show screening. • 4. Parking spaces along the boundaries of the entire parking lot shall be curbed with cement. Site plan shall be revised to show two landscaped areas in the parking lot. This will provide a break in the large, asphalt visual areas. 5. The existing site sign is to be moved to the landscaped area in front of the building. No changes in the dimension of the sign will be allowed. When relocated, the existing sign shall not exceed fourteen (14') feet in height from the ground level. 6. Fire hydrant to be located not more than 250 feet from buildings. 7. All "Native vegetation" along southern property line is to be trimmed, thinned, and area is to be improved with ground cover. Landscaping area to be added along northeast boundary. Changes to be shown on revised site plan. 8. Applicant to make required dedications, (see rough description attached) and to sign a non-remonstrance agreement for future street improvements for the 1-5, Dartmouth to 99W Street System as outlined in the NPO #4 Plan prior to issuance of Building Permits. 9. Parking stalls on the revised site plan shall be visable. Traffic circulation arrows on asphalt shall be clearly shown on revised site plan. 10. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 11. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. M.. • ftr- C'1)-.r„4rz:yy.eat:`'^'=... i;,ary:.-. STAFF REPORT/SITE DESIGN REVIEW t'` SDR 61-79 December 21, 1979 Page 3 12. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 13. Grading plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work_ 14. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director. 15. No Building Permit shall be issued until the e tpiraticn of the twenty day appeal period from the date of approval. 16. Improvements may be bonded prior to issuance of Building Permits. Prepared and approved by,.0111 - e. g , t'. NOTE: This acknowledgement must be. signed n ed p Tigard, g_� _ and retu:^n._.. to the City o,. +zaa_d, Planning Cepar°unent. Failure to return this acknowledggement, will result ' 4 in no further, action on this project with regards to issuance of Bui'ding Permits or engineering approval. ' f Slanatuxe 'fit_ • Special Note; Action of the Planning Director is final unless notification of appeal to the Planning Commission is filed with the City Recorder within twenty jf (20) days of the Planning Director's Action. I. kdry VmC �8{ e5;(004a4A1 45 ( jol 10$71m, Arc February 7, 1980 Aldie Howard, Planning Director Doris Hartig. City Recorder City of Tigard Tigard, Oregon 97223 Dear Mr. Howard & Mrs. Hartig: Here is an addendum to my appeal (dated Jan. 24, 1980) of the staff recommendations of Planning Director Aldie Howard with regards to: Site Design Review, SDR 61-79, John Alexander/Burger Boy Restaurant -- Dated December 21 , 1979 and Jan. 7, 1980 This is in response to City Attorney Joe Bailey's letter of Jan. 30, 1980 requesting that the appeal of this decision "state the reasons for the appeal". t These are the reasons: Recommendation #8 is confiscatory in that it takes without compensation nearly h of my usable property and in effect could destroy the full potential of my business. It also 1 leaves me without adequate parking or potential for growth. _t: This condition should be eliminated. ,. l Recommendation #2 should also be eliminated until the time that NPO#4's plan for its street connection through Tax Lot 1801 is made with Pacific Highway along the northeast side of my property. ;,. Recommendation #4, that part of which r poses two landscaped areas in the middle of the parking lotsi`44 of the building. `1 This parking area would be too crowded and it makes a driving hazard for customers. F�' I would like a date set for this appeal at the earliest possible „I time. C Very truly yours Z John D. Alexander ti 11688 S.W. Pacific Highway Tigard, Oregon 97223 il Enclosure: Copy of original appeal cc: City Attorney Joe Bailey ii 1! . . r Lf (i.> JL^^� CIOF T$F. RD WASHINGTON COUNTY,OREGON March 4, 1980 Mr. John D. Alexander 11688 SW Pacific Highway Tigard, Oregon 97223 Reference: SITE DESIGN REVIEW, SDR 61-79, Burger Boy Restaurant Dear Mr. Alexander: , In your letter dated February 7, 1980 - Appeal of conditions outlined in Site Design Review, SDR 61-79, Staff Report: - you mention Condition #8. Note that this condition is very "general" in relation to necessary dedications ' along your eastern boundary. We would like to obtain seventyfive (75') feet total right-of-way for the construction of the Dartmouth extension. At this time, it appears that Mr. Finke and Mr. Hale have provided sixty (60') feet. Therefore, we would like to acquire the additional fifteen 14- (15') feet from you or approximately three thousand (3,000) square feet of your total 23,086 square feet. It is my feeling that the construction of the Dartmouth extension and the installation of traffic signals will enhance your property significantly. I suggest that we are not being confiscatory. All new construction in this City is required to dedicate necessary right-of-way for streets, if that _ right-of-way does not exist now. In your particular case, you will be asked to join in a Local Improvement District (L.I.D.) and pay your fair share of the costs to construct the Dartmouth extension. . Condition #2 is a condition the City has applied to other similar situations to improve the safety on 99W. In this particular instance, you will benefit again from the exposure to Dartmouth and a signalized intersection on 99W. Obviously, you may want to change your entire traffic pattern if and when 1 Dartmouth is constructed. Condition #4 can be eliminated. My attempt was to break-up the larger asphalt area and enhance the aesthetic appeal of your property. I would not insist on this condition. We have been contacted by the developers of the Marine Lumber property to your north. They are seriously considering the dedication of the necessary right-of-way to connect Dartmouth to Pfaffel. This will allow a 4-way intersection at 99W. The Randall Company and Mr. Finke have tentatively agreed to the Dartmouth alignment. In short, Mr. Alexander, we are approaching the final stages of the Dartmouth alignment. 12420 S.W. MAIN P.O. BOX23397 TIGARD, OREGON 97223 PH; 639-4171 • Page 2 t4_ Please consider my suggestions. If you would co-operate, we would appreciate it. I feel that your property will benefit a great deal from this proposed • street construction. One other small detail needs your immediate attention. The tax map shows that you own two parcels (Lot 1900 and Lot 1800) . Before the Building Department will issue a Building Permit, you should combine these lots into one lot. This can be done at Washington County. This will only be necessary if your building and the proposed addition do in fact occupy space on each tax lot. Your appeal is set for April. 15, 1980 before the Planning Commission. If you would respond to what I have suggested prior to this date, I would appreciate it. Yours tr y. die Ho Planning Director AHvmc ■ ROUGH DESCRIPTION OF STREET DEDICATION That portion of Tax Lot 1800 and 1900 1S1 36CD as follows, a 60 foot right-of-way, the center of which is the northerly extension of the east line of Palmer Acres a duly recorded subdivision in Washington County Oregon; the east and west line of said 60 foot right-of-way to extend northerly to the northeast line of said Tax Lot 1800. • • • — ' ,Yt Z�O. 96 X_ M, 223.65 X \. M� J - t' s r` -0-- �_—� i O �� F ` 0 '. 0 'J F r r ", 1 .{ _ e'.\ 1_ btH.I/ 218 `'� • ±• ^A i 0 / i. os / , ■ !J./ e ", r' X ,) ,�-^ r-, , S C E.....e/isr 1 i • t/ N /.`-..,--' 220.4 X 9 Z V `.... ,-............_-_,„. ,-..... ....„,....,":":"\e7.". ,-;,../*' '' e , ._.,. . s\ . \ ---------„:„.........._...:..,..., , 1„„,,, a--, ,,. ._____ • ....... . [J. _ f ��. `� 4 PAVED D ' f\,),,,,/,...........) y ,.._ . sks‘ 1 4..e., f4\r , 1 , .3\ dr � J! f it (MH} r 4 4, PAVED ..,--_. Nik sp.' 1--<..< 13 . PAVED ,' it 223.0 / ( \� / 90C 7 ----- -- —......_,>--1: I..- ....:,,,,r . ......,4, __._-_-_:..* F / may' • 27.0 � �X,�' 0/16. a,4 .. PA ti, %J t ff4'r ' \ •41r /' 1 - 111 ' 0 , .............._ __.IIII- - -4 I li / r .0011.1"1 I .... i ••••• 114, , 1 ./....„........,a.„...........„...../Fra 1.... F Le i' ,...........z..........::„........ ...,• • 1...-^'- ' MIL% .„,./....'---"...."... ,1 k1 ..., m Pi--.....:' Mt c"'"'N. ....Or <,....//'..'''' ...iL l'...-.1.-," I -I/./ .•' '''''''rh .1,, .`",r:;.,14•i:•• N.7....\ ........,,,,..7 7,7„............„. 4 . .• ' ''''''''.,. ..."*.F.',,,--4 A., • , „ , i 6 i _ ... .,..---•---- 1-, 'tAx f 5 1.+ i 'j.St p A ' J vy..,) . S 4..p. --e„ 1a,X, .r --i 1 1 �I ,/ •"" T i i y.S c -tiG„,r t„,,,...1< r .'.,r r .* mob i s i ,rr�? v T ,u., -+ 1 t , ✓* 1 . p . X. " �! 4- . . . r� . rR r 0-4, +SR,xr+ . s.ew, i 1 '. .--1 - %' ' � '�'tzw� Ra .r r. c : . s9t `W"� ly �� i t .;,.t,--;•,-.1•1•":•:.-1,-- ; I . -v :', 4,S, 4:, 4, ry $ a..k }=-1.410..1. • 1•* . ,r } `.. r',.��---''r 2 ? r”` X .. -•• r -'�r e .'s` .i ,,^.-.J.'r.w1 .1..„.Y. ,r :l,L �'x�1.--. ai._w-�z.C'r� �.a . .72,1x^ :�•••-•• v:` ` • ..1 • . _ iI. M E M O R A N D U M (///1/) TO: TIGARD PLANNING COMMISSION, April 15, 1980 Meeting y , FROM: PLANNING DIRECTOR SUBJECT: ZONE 'ORDINANCE AMENDMENT, ZOA 6-80, AGENDA 5.2 Attached is a draft ordinance amending the City of Tigard Zone Map and Zone Text (Chapter 18.20 of the Tigard Municipal Code) relative to the Single Family Residential Zone R-15. The amendment is intended to bring the Zoning Map and Zoning Text into conformance with the City's Comprehensive Plan as per Goal #2 of the Statewide Goals and Guidelines (requiring all re-zoning measures to correspond to the Plan Map) . Additionally, the proposed amendment reflects the intentions of NPO #7 in regards to the future development of the neighborhood. The proposed amendment recognizes the established character of the existing neighborhood and takes advantage of the "Urban Low-Density Residential" designation (this amounts to a standard of 7,500 square feet of land per dwelling unit) . Large lot residential character (i.e. R-15 Zones) would not be compatible with the more efficient land development techniques and would not be in keeping with the broad purposes of the neighborhood planning efforts. It is suggested that you review and provide appropriate comments in regards to the proposed amendment so that Staff may prepare a presentation to the City Council at the earliest possible time. K I�I1r'1 Q • f a • CITY OF TIGARD, OREGON ORDINANCE NO. 80- AN ORDINANCE AMENDING THE CITY OF TIGARD ZONE MAP AND CHAPTER 18.20 OF THE TIGARD MUNICIPAL CODE, RELATING TO SINGLE FAMILY RESIDENTIAL ZONE (R-15) , DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. WHEREAS, this section describes the intentions of the Neighborhood Planning Organization (NPO #7) and the City of Tigard with respect to the future development of the neighborhood, and; it WHEREAS, Goal #2 of the statewide goals and guidelines requires implementation measures consistent with and adequate to carry out the plan and, in specific, to accomplish all re-zoning needed to correspond to the plan map, and; WHEREAS, the Tigard Planning Commission recommends approval of a revised 4' map reflecting the latest zoning pattern for the City, together, with a revised text; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: C t. +... SECTION 1: Chapter 18.20 Single Family Residential Zones of the Tigard Municipal Code be amended and the section pertaining to the R-15 Zone be deleted from the zone text as follows: SEE EXHIBIT "A" ATTACHED SECTION 2: Inasmuch as it is necessary to the peace, health, and safety of the public that the foregoing change in the City's records become F effective, an emergency is hereby declared to exist; and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. ti. i• SECTION 3: This ordinance shall be effective immediately after its passage by the Council and approval of the Mayor. �y PASSED: By vote of all Council members present this day of , 1980, after being read two times by �. number and title only. Recorder - City of Tigard . APPROVED: By the Mayor this �, day of , 1980. Mayor City of Tigard Ordinance No. 80- ZOA 6-80 EXHIBIT A CHAPTER 18.20 SINGLE FAMILY RESIDENTIAL ZONES (R-5, R-7, R-10, R-20, R-30) • Sections: 18.20.010 Permitted uses. 18.20.020 Conditional uses. 18.20.030 Lot--R-5 zone. 18.20.035 Lot--R-7 zone. 18.20.040 Lot--R-10 zone. 18.20.050 Lot--R-20 zone. 18.20.060 Lot--R-30 zone. 18.20.070 Setback--R-5 zone. 18.20.080 Setback--R-7, R-10. 18.20.090 Setback--R-20 or R-30 zone. • 18.20.100 Building height. 18.20.110 Additional requirements. 18.20.010 Permitted uses. In an R-5, R-7, R-10, R-20, or R-30 zone, the following uses and their accessory uses are permitted outright: V (1) Single family dwelling, each on a separately described lot, as recorded in the county records; (2) Farming, truck gardening, orchards and nurseries, provided no retail or wholesale business sales office is maintained on the premises, and provided that no poultry or livestock, other than normal household pets, are housed or any fenced run is located within one hundred feet of any residence other than the dwelling on the same lot; (3) Home occupations, only as strictly defined in Section 18.08.250. 18.20.020 Conditional uses. In an R-5, R-7, R-10, R-20, or R-30 zone, the following uses and their accessory uses may be permitted as conditional uses when in accordance with Chapters 18.72 and 18.84: (1) Duplex residential, with a minimum lot of ten thousand square feet, one duplex up per lot; or two single family units with a minimum lot area of five fr thousand square feet per unit. In the event it appears that it is. not practical to divide a legal lot into two lots of five thousand square feet each, the r. planning director may approve the division notwithstanding the fact that one lot is less than five thousand square feet; provided, however, that no such lot shall be smaller than four thousand two hundred fifty square feet; (2) Boat moorage; . (3) Cemeteries; (4) Churches and accessory uses; (5) Colleges; (6) Community buildings (public) ; Page 1 4' (7) Governmental structure or land use including public park, playground, • recreation building, fire station, library or museum; (8) Greenhouse; (9) Conditional home use: Following the procedure set forth' in Chapter 18.72, a conditional home use may be authorized for certain home occupational uses which do not strictly conform to the criteria set forth for home occupation as defined in Section 18.08.250. • It is the intent of this provision to provide the means for request for the city's consideration of home occupation type uses when special circumstances are present which the applicant feels deserve this consideration. It is the intent of this title that any commercial or industrial operations which would ordinarily be conducted in a commercial or industrial district continue to be conducted in such district and not at home; (10) Hospital, sanitarium, rest home, home for the aged, nursing home or convalescent home; (11) Railroad right-of-way; (12) School: Nursery, primary, elementary, junior high or senior high, college or university, private, parochial or public; (13) Utility substation or pumping station with no equipment storage, and lines which are essential to the functioning and servicing of residential neighborhoods; (14) Any business, service, processing, storage or display essential or 44 incidential to any permitted use in this zone and not conducted entirely within an enclosed building; (15) Golf course, country club, private club; ; (16) Children's day care. 18.20.030 Lot--R-5 zone. In an R-5 zone, the lot size shall be as follows: (1) The minimum lot area shall be five thousand square feet, excepting for duplex use; (2) The minimum lot area for duplex use shall be ten thousand square li feet; (3) The maximum lot coverage shall be thirty-five percent of the lot area. 18.20.035 Lot--R-7 zone. In an R-7 zone, the lot size shall be as . follows: (1) The minimum lot area shall be seven thousand five hundred square feet, excepting for duplex use; (2) The minimum lot area for duplex use shall be ten thousand square feet;. (3) The maximum lot coverage shall be thirty-five percent of the lot area. P i' 18.20.040 Lot--R-10 zone. In an R-10 zone, the lot size shall be as follows: (1) The minimum lot area shall be ten thousand square feet; (2) The maximum lot coverage shall be thirty five percent. Page 2 I 1r 18.20.100 Building height. Except as provided in Section 18.12.110, no building in an R-5, R-7, R-10, R-20, or R-30 zone shall exceed a height of' two stories or thirty feet whichever is less. 18.20.110 Additional requirements. Additional requirements applicable to these zones include, but are not limited to, the following: (1) Off-street parking and loading, see Chapter 18.60; (2) Access and egress, see Chapter 18.64; (3) Enclosure and screening required, see Section 18.12.080; (4) Signs, advertising signs and sign structures shall be subject to the conditions, limitations, prohibitions,; and requirements of Title 16, to which particular reference is made; (5) Fire zones, see Section 18.12.120; (6) Nuisances prohibited, see Section 18.12.070. Page 4 18.20.050 Lot--R-20 zone. In an R-20 zone, the lot requirements shall be as follows: • • (1) The minimum lot area shall be twenty thousand square feet; (2) The maximum lot coverage shall be thirty-five percent. 18.20.060 Lot--R-30 zone. In an R-30 zone, the lot requirements shall be as follows: (1) The minimum lot area shall be thirty thousand square feet; (2) The maximum lot coverage shall be thirty-five percent. 18.20.070 Setback--R-5 zone. Except as may otherwise be provided in Section 18.12.100, the setback in an R-5 zone shall be as follows: (1) The front yard setback shall be a minimum of fifteen feet on short side, ten feet on long side; (2) The side yard setback shall be a minimum of five feet for a one story building, six feet for one and one-half, and seven feet on short side and ten feet on long side; (3) On corner lots the setback shall be fifteen feet on short side and ten feet on long side; (4) The rear yard setback shall• be a minimum of fifteen feet for other ,. than corner lots; (5) Corner lot setbacks for rear yards shall be a minimum of ten feet. 18.20.080 Setback--R-7, R-10 zones. Except as may otherwise be provided in Section 18.12.100, the setbacks in an R-7, or R-10 zone shall be as follows: (1) The front yard setback shall be a minimum of twenty feet; (2) The side yard setback shall be a minimum of five feet for a one story building, six feet for one and one-half, and seven feet for a two story building; (3) On corner lots, the setback shall be twenty feet on each side facing a street other than an alley; (4) The rear yard setback shall be a minimum of fifteen feet. 18.20.090 Setback--R-10 or R-30 zone. Except as provided in Section 18.12.100, the setbacks in an R-20 or R-30 zone shall be as follows: (1) The front yard setback shall be a minimum of thirty feet; (2) The side yard setback shall be a minimum of five feet for a one story building, six feet for one and one-half, and seven feet for a two story building; (3) On corner lots, the setback shall be twenty feet on each side facing a street other than an alley; (4) The rear yard setback shall be a minimum of twenty-five feet. Page 3 • Alr It ;y M E M O R A N D U M TO: PLANNING COMMISSION FROM: PLANNING DIRECTOR SUBJECT: PROPOSED CHANGES IN CHAPTER 18.36 HIGHWAY COMMERCIAL ZONE (C-5) AGENDA 5400 ZOA 4-80 We have all driven the full length of 99W. We have tried to change the develop- ment pattern along this strip for years. The question has to be asked; "Have we made a difference?" I feel that we have where new development has taken , place, and I think we can continue to "improve" the strip in the future. However, in reading this particular chapter in the Code, I feel we may be creating more of what we have, rather than trying to organize and re-develop an area - more specifically from 217 to I-5 along 99W. Perhaps, some general comments need to be made related to the Code. Section 18.36.010 Permitted Uses ".. . .one area shall not exceed two acres in size/ unless specifically approved by the Planning Commission" and then "----a minimum of four of the following separate uses:" This seems to me to defeat our intent to organize future development. This creates the "small r,' " problem that we are faced with. On two acres you might have as many as twelve "separate uses". It seems reasonable to assume two things: traffic will increase markedly and 99W will be more congested. By limiting the development area, we are ensuring that the same pattern we have will continue. My feeling is that larger development should be encouraged. It is then easier to direct the development towards a solution to the traffic circulation problem. The development in existence now will be with us for a long time, and the chances that large acreages will develop together along 99W are remote. However, if large acreage development does occur, I don't think we should restrict ourselves through this Code. Please read the current Code enclosed. I have made changes and have enclosed the proposed amended copy for your review. ' • CITY OF TIGARD, OREGON • ORDINANCE NO. 80-- • AN ORDINANCE AMENDING CHAPTER 18.36 OF THE TIGARD M(JNICIPALCODE, RELATING TO HIGHWAY COMMERCIAL ZONE (C-8) , DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 18,36 of the Tigard Municipal Code be amended to read as follows: "SEE EXHIBIT A" • Section 2: Inasmuch as it is necessary to the peace, health, and safety of the public that the foregoing change in the City's records become effective, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. PASSED: By vote of all Council members present this L 'C day of , 1980 after being read two times by number and title only. P Recorder - City of Tigard APPROVED: By the Mayor this day of , 1980. �1 Mayor - City of Tigard Ordinance No. 80- ZOA 4-80 EXHIBIT A r' • Chapter 18.36 t'-' t HIGHWAY COMMERCIAL ZONE (C-5) * a Sections: tp 18.36.010 Permitted uses. # 18.36.015 Conditional uses. ; 18.36.020 Lot requirements. .I 18.36.030 Setback requirements. 18.36.040 Building height. 18.36.050 Additional requirements. 18.36.010 Permitted uses. No building, structure or land shall be used and no building or structure shall be hereafter erected, enlarged or altered in the C-5 zone except as follows: (1) General retail uses (excluding automobile, boat and trailer sales) ; (2) Bank or other financial institution; is (3) Administrative, professional and general offices, including offices or organizations engaged in accounting, architecture, editing, engineering, insurance, law and realty; 18.36.015 Conditional uses. In this zone, the following uses and their accessory uses is permitted as conditional uses when in accordance with the procedural requirements of Chapter 18.72 and 18.84: (1) Mini-warehouse storage and office warehouse; (2) Restaurant 18.36.020 Lot requirements. In the C-5 zone, the lot requirements shall be as follows: (1) The minimum lot area shall be twenty thousand square feet; (2) The minimum lot width shall be one hundred feet; (3) The maximum lot coverage shall be twenty-five percent. r il 18.36.030 Setback requirements. Except as may be otherwise provided in Section 18.12.100, the setbacks for nonresidential uses in the C-5 zone shall be as follows: (1) Front yard setback (measured from the property line at the required street right-of-way line) shall be twenty feet. The setback may be less than E'{ the twenty feet,provided that it is not less than ten feet, and that an area equal to the area of encroachment be added to the twenty percent minimum j landscaping requirements; (2) Side and rear yard setbacks shall be twenty feet. The setback F'; may be less than twenty feet provided that it is not less than ten feet, and z, that an area equal to the area of encroachment be added to the twenty percent t minimum landscaping requirement, and that the side or rear yard is not abutting t" a residential zone (single family or multifamily) . 18.36.040 Building height. Except as otherwise provided in Section 18.12.110, no building in the C-5 zone shall exceed a height of two stories or thirty-five feet,whichever is less. ( *For sign regulations, see Chapters 16.36 and 16.40 of this Code. • 18.36.050 Additional requirements. Additional requirements applicable to the C-5 zone include, but shall not be limited to, the following: (1) Off-street parking and loading, see Chapter 18.60; (2) Parking shall be allowed in the setback areas, but no closer than six feet to the property line on any side. On a corner, no parking shall be allowed in the triangle formed by the corner and a point measured twenty feet from the corner along each street; (3) Access and egress required, see Chapter 18.64; (4) Landscaping required, twenty percent of the total area shall be landscaped and a portion of this shall be along the total perimeter of the property. A sight obscuring screen of evergreen shrubs shall be planted along any side abutting a residential zone. (5) Signs permitted, one free-standing property identification ground sign shall be permitted for the development on each side abutting a street. On a corner, a ground sign may not protrude into the triangle formed by the corner and a point measured twenty feet from the corner along each street; the maximum height of this sign shall be seven feet, and it shall not exceed sixty square feet in area. This sign shall not be internally illuminated nor shall there be any exposed neon tubes or other bulbs, and illumination shall be of low intensity. One wall sign shall be permitted for each separate use, the area of which shall not exceed ten square feet in area. No moving or intermittently flashing signs shall be permitted; (6) Nuisance prohibited, see Section 18.12.070; (7) Air conditioning units, exhaust fans, compressors, or any other noise-producing equipment, and service entrances, loading or unloading doors, garbage cans or containers, shall be so enclosed and baffled that no disturbing sound or vibration materially affect adjacent residential properties. (8) All development in this zone shall be subject to site design review Xt... criteria established under Chapter 18.59. Page 2 . • • 18. 36. 010 - .scapin• . A minimum of fif - - percent or e total lo area • 1 be landscaped- 'n additio ee Chapters P 18.58, ite Dev- opine - -lan - •• 18.59, A - ectural Design I Rev' -w; (6) isances pr. bited, - - ion 18.12 .070. (Ord. 5-29 § part) , 197 . Ord. 7 ' §7 (part) , • d. 70-32 §150-• , 1970) . V Chapter 18.36 �rW 0 "t1tei QD COMMERCIAL ZONE C- ( 5) 4'; Sections: 18. 36.010 Permitted uses. 18.36.020 Lot requirements. 18.36.030 Setback requirements. 18.36.040 Building height. 18. 36.050 Additional requirements. 18.36.010 Permitted uses. No building , structure or land shall be used and no building or structure shall be here- 0 after erected, enlarged or altered in the C-5 zone except for ' '` the following uses, and provided that any one development in any one area shall not exceed two acres in size (unless specif- ically approved by the planning and zonin g commission) , and th a t the nucleus of such a neighborhood development shall con- tain a minimum of four of the following separate uses: ( 1) Bakery, provided any manufacture of goods is lim- ited• to goods retailed on the premises only; C 2) Barbershop; ( 3) Beauty parlor; ( 4) Collection station for dry-cleaning or laundry; ( 5) Delicatessen store; ( 6) Doctor, dentist, lawyer, architect or insurance office; ("' 7) Drug store or pharmacy including incidental foun- tain service but not including any other use unless specif- ically permitted under this chapter; ( 8) Florist or flower shop; ( 9) Gift shop; (10) Grocery store; (11) Laundromat; (12) Meat market; (13) Shoe repair; (14) Stationery and book stores open to persons of all ages without patronage restrictions ; * For sign regulations , see Chapters 16 .36 and 16 .40 of this code . 272-3 (Tigard 1/15/76) 18.36.010 • " (15) Tailor shop, dress shop, clothing store; other similar service or retail use, if approved by the planning commission and subject to the same conditions . (Ord. 72-70 §4, 1972 : Ord. 70-32 §155-1, 1970) . 272-4 (Tigard 1/15/76) 18.36.020--18.36.050 St 18. 36.020 Lot requirements. In the C-5 zone the lot requirements shall be as follows : (1) The minimum lot area shall be twenty thousand square feet; (2) The minimum lot width shall be one hundred feet; (3) The maximum lot coverage shall be twenty-five per- cent. (Ord. 70-32 5155-2, 1970) . 18. 36.030 Setback requirements. Except as may be other- wise provided in Section 18.12.100 , the setbacks for nonresi- dential uses in the C-5 zone shall be as follows: (1) Front yard setback (measured from the property line at the required street right-of-way line) shall be thirty feet. The setback may be less than thirty feet provided that it is not less than ten feet, and that an area equal to the area of encroachment be added to the twenty percent mini- mum landscaping requirements; (2) Side and rear yard setbacks shall be twenty feet. The setback may be less than twenty feet provided that it is not less than ten feet, and that an area equal to the area of encroachment be added to the twenty percent minimum land- scaping requirement, and that the side or rear yard is not abutting a residential zone (single family or multifamily) . (Ord. 70-32 5155-3 , 1970) . 18. 36.040 Building height. Except as otherwise pro- p' vided in Section 18.12. 110 , no building in the C--5 zone shall exceed a height of one story with a mezzanine, but not more than twenty feet. (Ord. 70-32 5155-4, 1970) . Li 18. 36.050 Additional requirements. Additional require- f meets applicable to the C-5 zone include, but shall not be 11 limited to, the following: . , t- (1) The minimum four uses required for the initial development in this zone shall be separated by solid walls , and shall have individual entrances; C (2) Off-street parking and loading, see Chapter 18.60; is (3) Parking shall be allowed in the setback areas, but no closer than six feet to the property line on any side. On a corner, no' parking shall be allowed in the triangle formed by the corner and a point measured twenty feet from the corner 1 along each street; , (4) Access and egress required, see Chapter 18.64; (5) Landscaping required, twenty percent of the total area shall be landscaped and a portion of this shall be along the, total perimeter of the property. A sight obscuring screen j of evergreen shrubs shall be planted along any side abutting a residential zone. Landscaping shall be maintained by the property owner in a neat and healthy condition. In the event such land- 7' soaping is not maintained, the city may cause such maintenance 1 1 273 . 1 18.40.010 • ( - -- , to be done and assess the property owner(s) accordingly; (6) Signs permitted, one free-standing property identi- fication ground sign shall be permitted for the development • on each side abutting a street. On a corner, a ground sign may not protrude into the triangle formed by the corner and a point measured twenty feet from the corner along each street; the maximum height of this sign shall be seven feet, and it shall not exceed sixty square feet in area. This sign shall not be internally illuminated nor shall there be any exposed neon tubes or other bulbs, and illumination shall be of low intensity. One wall sign shall be permitted for each sepa- rate use, the area of which shall not exceed ten square feet in area. No moving or intermittently flashing signs shall be permitted; (8) Nuisance prohibited, see Section 18.12.070; (9) Air conditioning units, exhaust fans, compressors or any other noise-producing equipment, and service entrances , loading or unloading doors, garbage cans or containers, shall be so enclosed and baffled that no disturbing sound or vibra- ion materially affect adjacent residential properties. (Ord. 78-32 (part) , 1978; Ord. 70-32 §155-5, 1970) . Chapter 18 . 40 1! : ( CO ERCIAL-PROs=-SIGN- ONE (C-P) * ections : 8. 40 .010 P- rmittd :.es. 1: . . 0. 011 ondij qn-LO, uses. __ , ; 18. 41. $ 21 Removal .f •emporary str tures . 18. 40 .0 . When e.close. buil• ng re+uired. 18. 40 140 of -quirement . 18. 4• .050 Se•,ack require +- •ts. 18 40.060 B 1. 'ng heigh- . . 40.070 igns. 8.40 .080 Additiona equiremen . . 18. 40. 0 • Permitte. uses . No buil. 'ng, ructure or and shall -,,e used and •o buildi • or stru.ture shall be here- after ere ed, enlarg-' or altered 'n the C • zo ,e except for the foil. ing uses : (1 Administr-' ive, professional -nd gen_ral offices , includ' ng offices ••r organizations engag • in a o -sting, (' - * For sign , egulations, see Section 16 . 36.041 of ,hi code. 274 (Tigard 7/15/78) M, MEMORANDUM TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: Agenda 5.3b - Amending Chapter 18.32 of the Tigard Municipal Code creating an additional conditional use. (ZOA 5-80) Staff feels that this use is appropriate in this zone as a conditional use. Note the mention of "small animals". These clinics are allowed in shopping centers in Beaverton and other cities in the area. F, ' Staff recommends approval and forwarding to the City Council for approval. is M1 ' -,..".f".."'el--‘"-- r 4 Fj ,': $ 4 11', ii L1: {? rf (: 4. lid 1'4l C )j • CITY OF TIGARD, OREGON ". ORDINANCE NO. 80- AN ORDINANCE AMENDING CHAPTER 18.32 OF THE TIGARD MUNICIPAL CODE CREATING AN 1 ADDITIQNAL CONDITIONAL USE AND FIXING AN EFFECTIVE DATE. 1I THE CITY OF TIGARD ORDAINS AS FOLLOWS: ''.ection 1: That Section 18.32.020 of the Tigard Municipal Code relating to Conditional Uses be amended to add the following condition: (10) Small animal veterinarian's office or small animal hospital Section 2: This Ordinance shall be effective immediately after its passage by the Council and approval of the Mayor. PASSED: By vote of all Council members present this day, of , 1980, after being read two times by number and title only. Recorder - City of Tigard APPROVED: By the Mayor this day of , 1980. Mayor - City of Tigard ORDINANCE NO. 80- ZOA 5-80 STAFF REPORT Agenda 5.4 TIGARD PLANNING COMMISSION April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut St. , Tigard DOCKET: Zone Change ZC 12-75, Greenway Town Center APPLICANT: Dr. John S. Foster OWNER: Mercury Development, Inc. 14705 NW Ridgetop Ct. 338 NW 5th Beaverton, OR 97006 Portland, OR 97209 APPLICATION DATE: March 14, 1980 SITE LOCATION: 121st and Scholls Ferry Road (Wash. Co. Tax Map 1S1 34B, Tax Lot 500, 501, 401) REQUEST: A request for a major change in the occupancies allowed in Greenway Town Center - more specifically, the allowance of a veterinary clinic. PREVIOUS ACTION: Reference: ZONE CHANGE, ZC 12-75; MINOR LAND PARTITION, MLP 7-75; ZONE CHANGE, r, ZC 3-76; ZONE CHANGE, ZC 3-77; MINOR LAND PARTITION, MLP 1-78; SITE DESIGN REVIEW, SDR 34-78. CURRENT ZONING: C-4PD NPO #7 7 I. FINDINGS OF FACT: , 1. This property is nearing completion. The majority of the space has been leased to various tennants. f1 +!! 2. The Code does not allow veterinary clinics as a permitted or conditional use in a C-4 zone. 1, 3. Requests for major changes in a planned unit development must come before the Planning Commission for approval. (Section 18.56.150 Tigard Muncipal Code) 4. When this development was originally approved, the developer did not request this specific use. II. CONCLUSIONARY FINDINGS: 1. The applicant has stated that no "overnight or extended boarding of any animals" will take place. , STAFF REPORT ..,- Agenda 5.1 TIGARD PLANNING COMMISSION April 15, 1980 ZC 12-75 Page 2 2. Actual location of this clinic is to the rear of the building. Ample parking areas exists adjacent to this proposed use. Animals will not interfere with general pedestrian traffic in the immediate area. 3. No large animals will be treated at this location. III. STAFF RECOMMENDATION: Staff recommends approval of this application with the following conditions: 1. That this application is for this single location and not for other locations within Greenway Town Center. 2. No large animals are to be treated at this location. 3. No boarding of animals is to take place at this location. 4. At the termination of the present lease to Dr. Foster, the owners of Greenway e. Town Center re-apply for this or similar uses at this location or any other location within the Center. 5. Approval is contingent upon passage of Zone Ordinance Amendment, ZOA 5-80, by the City Council creating a veterinarian office and animal hospital conditional use in the C-4 "Residential Commercial" zone. 6. That a Beeco backflow preventer be installed in the doemstic water - system to the premises to protect against'contamination of the water supply as in accordance with the requirements of the Oregon State Health Division. (See letter from Tigard Water District, April 4, 1980 attached) . • Prepared b . .r j` - d, fanning Director AHvmc E______ TIGARD WATER ER DISTRIC ■ 641 S. W. COMMERCIAL ST. TIGARD, OREGON 97223 PHONE (503) 639-1554 April 4, 1980 Director Tigard Planning Commission Tigard City Hall P. 0. Box 23397 12420 S. W. Main Street Re: ZONE CHANGE, ZC 12-75 Tigard,ga d, Oregon 97223 (Greenway Town Center) Dear Sir: Please be advised that if the zone change is approved at the meeting scheduled for April 15, 1980 to allow a veterinary clinic at the subject location, a condition should be imposed that a Beeco backflow preventer must be installed in the domestic water system to the premises. This backflow device protects against contamination of the water supply and is in accordance with the requirements of the Oregon State Health Division, Please advise if additional information is desired. Sincerely yours, TIGARD WATER DISTRICT /40/ Robert E, Santee Administrator • -4 1 . ........„.■- -,, ,It • . . .. , ...3 2 . • • i . • * ,'.t ,•..2,--....•:-.. * _..1.--y er;. ;.---• •••:. ..: :_. 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Ar • TO Planning Commission, City of Tigard Enclosed is an application for a "conditional use permit" Ar for the purpose of allowing an out-patient pet clinic at the Greenway Town Center on Scholls Ferry Road. With only one veterinarian serving the entire Greenway-Progress area and the area Just south of Scholls Ferry Road, there is an unmistakable need for a modern veterinary care clinic to serve the over 25,000 residents of the area. Availability of other potential locations is severely limited. Due to the shopping ', center location and the small size of the space available, this clinic is planned as strictly an out-patient clinic and as an adjunct to the larger full-service facility at the Raleigh Hills Veterinary Clinic. There will be no boarding of animals, and those requirinp.. extended care will be trans- ferred to the clinic in Raleigh Hills. Services will be limited to dogs, cats, and other small pets. Since patients would be seen on an appointment basis, the impact on available narking would be very small. People visiting the clinic would be encouraged to use the small parking area on the s uth • side o . the building, not the .main parking area for the center. There are numerous examples of other pet care facilities being operated successfully from shopping center spaces, both locally and nationally. Canyon Pet Hospital is located in the Beaverton Mall, the Raleigh Hills Veterinary Clinic is in the Fred Meyer Shopping Center, and the Sunset Animal Clinic is in a small retail center in Cedar rill. The impact of the proposed clinic on adjacent tenants should be no different than the impact of any other small business. The design of any modern veterinary facility always makes use of the latest advances in sanitation techniques, ventilation, and soundproofing materials. The record of veterinarians as tenants is one of excellent stability and reliability. This proposed use creates no increased need for public services. A veterinary clinic can be offered as an emergency medical care facility in the event of a local or national disaster. • • 1 f.. STAFF REPORT AGENDA 5.5 • TIGARD PLANNING COMMISSION tl April 15, 1980 - 7:30 p.m. Junior High - Lecture Room (, 10865 SW Walnut Street, Tigard • j1 1'+ DOCKET: VARIANCE, V 4-80 (Meekoms/Ascot Center) NPO # i APPLICANT: Mr. Daniel A. Meekoms OWNER: Mr. Daniel A. Meekoms 7155 SW yarns Street SAME ADDRESS A N D Tigard, Oregon 97223 Mr. Zanley Galton 640 Morgan Park Bldg. APPLICATION Portland, Oregon 97205 DATE: March 17, 1980 F' LOCATION SITE: 7155 SW yarns Street (Wash. Co. Tax Map 2S11DB, Tax Lot 900) r. REQUEST: A Variance request for two signs in a Commercial Professional (C-P) Zone for the Ascot Center. PREVIOUS ACTION: ZONE CHANGE, ZC 9-78, SITE DESIGN REVIEW, SDR 32-78 I+ I. FINDINGS OF FACT: 1. Section 18.40.070 Signs in a Commercial Professional Zone: "a) There shall be not more than one square foot of sign area for each one hundred square feet of floor area within the building or buildings to be identified. No sign shall exceed fifteen square feet in size unless approved in paragraphs (c) of (f) of this section. i! b) No sign shall project above the roof line or extend over a public sidewalk or right-of-way. All faces of signs shall be parallel to the face of the upon which the sign is located and to which the sign pertains. c) Signs may be painted or otherwise applied directly to a wall providing such sign is an intergral part of building design and approval is obtained for such sign from the design review board. d) The sign may be lighted with indirect lighting. No neon (exposed tubing) , plastic (interior illumination) , blinker, flashing or animated signs shall be permitted. e) No billboards or "incidental use signs" shall be permitted. f) Freestanding signs designating a particular project site or building may be permitted in lieu of building-mounted signs subject to specific approval r by the design review board." 2. Section 16.36.040 Commercial And Industrial Zones: i 4 STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION April 15, 1980 V 4-80 Page 2 "a) No signs shall be permitted in a C-5 Commercial Zone except those specified in Title 18 for such zone. b) No signs shall be permitted in a C-P Commercial Professional Zone except those specified in Title 18 for such zone. c) Freestanding Signs. Freestanding signs shall be permitted only in commercial and industrial zones. Where freestanding signs are permitted, the size, height, orientation, location, and design shall be controlled by the criteria set forth in subsections (c) (1) through (c) (13) of this section. (1) One multifaced freestanding sign identifying the principal goods, products, facilities or services available on the premises shall be permitted on any premise. (2) Freestanding signs shall be permitted on properties zoned commercial or industrial and fronting on arterial streets subject to the following conditions and limitations: (A) AREA LIMIT. The maximum square footage of sign allowable shall be seventy square feet per face or a total of one hundred forty square feet for all sign faces. If the sign is moved back from the property line which parallels the street the sign is facing, the sign area may be increased at the rate of one square foot Or per lineal foot, measured from the property line to that portion of the sign nearest the property line. If the property line is more than fifteen feet from the edge of the road pavement, the measurement shall be made from that portion of the sign nearest the pavement to a point fifteen feet from the pavement edge. The maximum allowable area under this provision shall be ninety square feet per face or a total of one hundred eighty square feet for all sign faces. (B) HEIGHT. No freestanding sign located at the right-of-way edge f`' shall exceed twenty feet. Height may increase one foot for each ten feet of setback from the property line (or fifteen feet from pavement edge, whichever is less) to a maximum of twenty-two feet." 3. A Variance Request under Section 18.76.020 Granting--Conditions. "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 circum- stances over which the applicant has no control; (2) The variance is necessary for the preservation of a property right of f' the applicant substantially the same as possessed by owners of other property in the same zone or vicinity; s; STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION April 15, 1980 V 4-80 Page 2 (3) The authorization of the variance shall not be materially detrimental to 1 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. Staff has endeavored to reduce signs generally throughout this community. In the Commercial Professional Zones, Staff has paid particular attention to sign requests. One freestanding sign per development plus one wall sign per occupant has been the policy. In this case, the applicant is asking for two (2) freestanding signs. Visual impact along 217 should be reduced and signs like the one proposed on 217 is not appropriate aesthetically, nor does it meet any criteria for signs in this zone. Staff has not seen evidence which suggests that any of the conditions in Section 18.76.020 have been met. One freestanding sign on 72nd Avenue could be permitted. If this is allowed and the tennants are listed on the sign, Staff does not see any reason to allow wall signs also. III. STAFF RECOMMENDATION: Staff recommends denial of the Variance as no conditions for a Variance have been met. Staff would approve the installation of one (1) freestanding sign on 72nd Avenue as close to Varns Street as is permitted. All tennants could be listed on this sign. Staff would not allow any signs to be placed on the buildings if one freestanding sign were allowed. Prepared by Al. `.ward, Planning Director AHvmc (.,. I _. w..w .. .... • ri .,...fir:.'i i '. • ASCOT ASSOCIATES, LTD. 7155 S.W. Varnes Portland, Oregon 97223 (503) 620-3550 • February 18, 1980 Planning Commission City of Tigard Tigard, Oregon 97223 Dear Sirs : We wish to apply for a variance to the City Ordinances on identification signs in a Commercial Professional Zone. The enclosed drawings show that the signs have been designed to aesthetically compliment the buildings on the site . The supports and surrounds would be of cedar and stained the same as the building color. 1 We feel that a hardship would accrue to the general public for several reasons should we conform to the City Ordinances, as follows : 1. A main tenant will be Century 21 Ascot Associates, Ltd. , a Real Estate Brokerage. Many .of the Company's clients are referred from out of State, and we feel that due to the topography of the site and the surrounding approaches, it would be difficult for many people to find the location. We feel that by facilitating their recognition of the site, we could cut down on a lot of unnecessary driving, thereby saving fuel and reducing pollution levels . 2 . In the design of the site, every effort was made by the developers and in with conjuction with the City of Tigard Planning Commission and Design Review Boards, to save many of the trees on the site. The result is that the buildings are somewhat obscured by Each Office is Independently Owned and Operated REALTOR f C February 18, 1980 - Page 2 - these trees, making it difficult and even dangerous for drivers to look for a sign mounted flush to the buildings . 3. Any signs mounted flush, to the buildings would distract from what we feel to be a very attractive design. The buildings are well separated from any residential district, and the proposed signs would not cause discomfort to any neighbor. 4. The use of an internally lighted sign would create a soft glow as opposed to the potential glare and reflection caused by floodlighting the signs for night visibility. It is our hope that the Planning Commission will look favorably on this ' request,• since it is the sincere aim of the owner and 'developer - to enhance the property and assist in the improvement of the City of Tigard, and in no way do we wish to frivolously circumvent any City Ordinances . Sincerely, • D. A. Meekcoms, Broker CENTURY 21 ASCOT ASSOCIATES, LTD. DAM/se • • • • 4 �.M�9LYalue.,a. ..:.:.. _. .....i..-.«..:. ..... _.. { a E, l i. , ' n410.01 y ';i�.: a rir0 g 11 r� .e /. 1 V4,10 ,f t ' 1 1 * I 1,.„.'',:e�r yA?�fy,„ . ,�{{ tay e, � �� '� i'1y{n„k� ��u1 r ';\„t t:' /7 ;lit •it.':,,, Sl{ ., .`.,, / �F ` I . yy CS'` 1039 9 �� ; I �r e yM { 10397 ;. ; I v ,i,4,t +q�( 4 w ,, 0til it oP ; t; . 1 n '...1.' ,y wM� y ?.. v l ! ` .y n I 1 Pr ' �, ' 1:7(.111,P.,...'7TttIn l i 4., 1 V. I ;ti t �ji"4 %I yyII,Il� A J f _�'�, ` Sl 5 1 q o Il�lar, f i . • .3 ' I ,� ..1 ,�ill4{ 4 r ..t;1;, r !�,} t� tr., , Jana+ • V. 1 1�2i „ g�rr t r�1 ,to„.. rt.,' ...Av. 7 r ,1: Ir I I +1 t'r i ::4n+. Hip!•,'i 91' yl,.�,H,G. 7 rY C' d, r >a z + 1 A r t jke4y 1 ^ ! . ,,:i.,.,...14-4,4404 x� J t ,M j ;d� . I \ I r r l Y" ;,0,,,v4 F JJ J `1\J \1� ha''.,.; i�4{{f { (_` r. I I!2!1 ! i l {', ., qtr o' 1'. 4C ' ' -' , SEC M P2 fi 4�r{%I brig .. t!t • �ti 1 i, !Y t? S9n' I 1) , .� I �.``` .: 11iF,t 4a, I�n{,Jtiv �'4 , I g:, r I �' "� ,G'• 1 t�I i��t 1 )l 7�2 i 1 r s 74<ti •,t/N,,12 900 0 "'' I �•- �t ��;,,k7•'.t,,,,',).. ,( ! qtyy ., .. 1 N,, t,` h 'b A' [f Odt1 z I y 1 N I ,o r,.;v y hl •M 1 m hi r i '„ S lit5• 9e' 1_... . •12 5_9 t1' .. 1 5 1 5.x..__.. j I r it i} } `.:3„..',',i'' Y� �I yI�i' .l� I 1 i k ' ! 4 5 t �1 1` y+ 4 , f I t R E E 1 :n lid No 1902 u' 'o 1 . M ' M tiV : 1._ o _ iy . ' k ;t■ gr 4d 173.47 utl`wrSµ In;C , r/ 1� ` y � { ; m i 70 9 ' ' x 'o n ,� u n i I„ I I , '1 j 3 0 I ° 8 �yjn a1 • �) i �rJ, •�r ...t'''k I1 9,k,,r t ;•h i. n II 5 il3 7y' 1 P1R'r°03'1 I1�9 41.' i_, {1'7 1I x '1'0 1 f LLL 'it i ;. r�i'_ _ r ,. S W 'g �VARN�� ST �,'°�a' ,,k1 �' r1} htu r; ;,4 9tr t , .. •,. -t'- -- __...._... ...-. ..._..,..—. _...-. Ga' ` + 4.f.-/..;-r i • IC` ! to I,i 1n437,I4(z 41•. ix. ,, �•a c 1 I i.a i I • ,• !r • .__:.__. . _:r..r_e, : -•- — . -----.,..\ .. . , t 1 e.C.F.M.TC gti".#4 (04) -11-5,,.r..___(-eivIeg '- 60,.., c, , Rt.—... rs'N, . ._ ... 1 . , , AO r - • 0*•4 arRG lea g RAc ict-1Z.A f 1:, 1.---...;f4C—:. E:p. c-:—•,..._.5. t . --...- Re.)....?NI> 'r--1 4, V , :- '44 s.411e€i L..*-t-14-it.' .0az _ ,fris,.„...;•-• .. .. ...-; . •••• 4 .)1 1/4*'•-•1 f. 1'0lb T,."?.(C •-• C**•.. 1,-...r — _ •:\ ....-..— 00111% : IT ot 1 ( 1-0 r t $ - 1 — ic I 1 ASC CT CENTEli' 7 1 - 4 t ti : - t i TENANT 1, . r CE1■171)tRi 2.1 LC)6C) 31-esi 1 1 1 1 I - i I , ellIS I i. . = . ,...., i__,, fv-•-• ..--,..:, r. I , i •i■; .'.1 II 414''' ei••(.... . i-... I • s ... I 1 1 , ; '-- -- . to---- . , , , . .,. 1 : . - • - . • . • x rs I.e4' 0 I.i r r bci t • ii!f, • < •I ..$ /: r . . . • } 1 I • • ' • r Q • # 1■ { • ei 1••ri!E 4 ‘,►C'F t ik fr` i, ( rr 1 `ii K.1(E) .. �-Cy'1'rSe t'k1( i''t( t, .4...t'' % 'i.-:1 t4 4,',. t. i .t(. . • ( , 1 lir STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut St., Tigard 1 DOCKET: VARIANCE, V 3-80, Natkin Company APPLICANT: OLSON ARGO ARCHITECTS OWNER: NATKIN & CO. 3689 SW Carman Drive 14830 SW 72nd Lake Oswego, OR 97034 Tigard, OR 97223 • APPLICATION DATE: March 14, 1980 4' SITE 'I LOCATION: 14725 SW 72nd Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 1902) REQUEST: For a Variance from the side yard setback requirement of twenty (20' ) feet in a M-3 ''.Light Industrial" Zone to ten (10' ) feet on a 4.19 acre site. (See Exhibit A) NPO #5 I IL PREVIOUS ACTION: ;. On February 22, 1980, Natkin and Company applied for Site Design Review to construct buildings on this site. A portion of the site is within the Ball Creek/ Fanno Creek floodplain. No approval has been given for grading on-site or site plan. Applicant has been asked to provide additional information on contours, filling and grading. No Building Permits will be issued until the Public Works Director is satisfied with the grading plan. I. FINDINGS OF FACT: 1. The applicant has addressed the variance criteria outlined in the Tigard Municipal Code, Section 18.76.020. II. CONCLUSIONARY FINDINGS: t'. 1. Staff has reviewed this variance request with the Fire Marshall. (See attached letter - Exhibit�) . 2. Nature of site causes buildable land to be deminished. Floodplain will be dedicated to the City. III. STAFF RECOMMENDATION Staff recommends approval subject to the following conditions: ky� l k t STAFF REPORT AGENDA 5.6 TIGARD PLANNING COMMISSION April 15, 1980 VARIANCE, V 3-80 Page 2 1. Fire hydrants will be required within 250 feet of all portions of all buildings. Hydrants shall be readily available to fire engines. 2. All lands within the One hundred year floodplain shall be dedicated 1 to the City. 3. Development shall be subject to Site Design Review. A revised grading plan shall be submitted to and approved by the Public Works Director prior to Site Design Review. i. 4. Natkin and Company shall sign the L.I.D. petition for the improvement of 72nd Avenue. Improvements to the 72nd Avenue right-of-way may be made during the construction period of this L.I .D. If the L.I.D. should not be formed, it is understood that Natkin and Company will make full collector street improvements to the approval of the Public Works Director prior to the issuance of Occupancy Permits. i 5. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 6. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. 7. No changes will be made to approved plans or specifications unless j;; formal application is made to the appropriate City department and j changes are approved by that department. Application for changes N will be made in writing and shall include applicable drawings. 8. Grading plans and construction plans on all public right-of-ways k' shall be submitted and approved by the Public Works Director `t, prior to commencement of work. 0 9. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. k 10. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director. 11. Improvements may be bonded prior to issuance of Building Permits. .P Prepared and approved by Ald ard, Planning Director AHvmc LI } . UiMPI .AIchilig ' A ,1 e%.4,or,, 04..zt.- , AitcluT 24:Ts . A1A 4.- k. • M; ?. (S F 4r 14 March 1980 , i To: Planning Commission Requirements: Zone M°3 {! City of Tigard Side Yard = 20 ft. fi Tigard, Oregon }� Request for sideyard setback variance: (from 20 feet to 10 feet) ? )r In accordance with the requirements of section 18.76.020 City of Tigard 1' Zoning Ordinance of 1970, the following conditions exist that would substantiate this request: , (1) Exceptional or extraordinary conditions apply to this property that do not generally apply to other property in the same zone or vicinity over which ■ applicant has no control and which has resulted in a loss of buildable ground due to flood plain drainage area and steep slopes. (2) This variance is necessary for the preservation of a property right substantially the same as is possessed by owners of other property in the same zone or vicinity. Specifically, the Ace Electric warehouse building on the property ' immediately to the south is built at the property line 1 with zero setback, This request is only for a ten foot setback. 1 (3) The variance requested is the minimum variance from the provisions and standards of this Title which will alleviate the hardship imposed by lack 1. buildable area in which to place the required size with of sufficient but 1 p q adequate vehicle circulation clearances to the north side of the building. (4) The authorization of this variance will 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. • Your very truly, a Ralph G. Olson . 3689SW CARMAN DRIVE.MOUNTAIN PARK.LAKE OSWEGO,OREGON 97034 503/635,6668 ' .v.litode.c.. e,. .... , n ' *GREG MI 004 llifil_fitM RijilfiL FIRE iiRgItEfigii DISTRICT % E . ,..,A. P.O. BOX 127 • TUALATIN, OREGON 97062 • PHONE 682-2601 • RUSSELL WASHBURN, CHIEF ‘4,,,■ to 4a0 March 24, 1980 . ) r / , , , 1 , 1 Mr. A. Howard , City of Tigard City Hall Tigard, Oregon 97223 Re: Site Plan Review, Roy Eldridge, Natkin & Co. , 14830 S.W. 72nd Ave. • Dear Mr. Howard: Fire hydrants will be required within 2B) feet of all portions . of all the buildings. Hydrants shall be readily accessible to fire engines. (: If you have any questions, feel free to contact me. i , Yours truly, ' 1 / vier Gene Birchill , Deputy Fire Marshal/Sprinkler Specialist , GB:dm r j t 1, I' 1 • [.' [ 1 ( ,1 1 1 j - , , . •_ .... .__ .....___-....- . , . , . . ( " N IN ;',.la■ ....L51 1. ‘ I t I°.7 1 Jr 1 //„ • -, s 9 IND•,..4 4 wy ' % \ \i T2.4 NM 10. 4 11.T.11 T '‘Ir9*2 eit 210 ..1 IF-- 499'1113.30 E 929.4. 4. -...--.-----.1 e A D - # vs Villa * BONITA laggp.441 sztj,c_it 1.36.-.--.......s.. ••••••I ERN. C R 634 R ,-• I, 11211 - 9 ' st93 i V20 n joal(ri,-. 41011111 I CAI "ye .11 02000 . i) 'ri 1 t. 21 o 42. • i.sr Aa 1 e -, ..*,2,800 / 1901 I 1900 - 9112e. •: Vt4AC. 5 - : ,e• 28 00-Ai 1901-Al loo. « S . \ toga_ .ji,..sp, I t• .....:01%?"_1's I LI I -.. • t.4 111.4 • 40 s. j 0 3$72 ./ 9 70 0 •0 1 0 ":"-9 1M-7•11 ••41 2 g V Z CV I. \ ea 04" . __.....01041111111111M- - ; = i ........ 14 . 40a) set• 1902 .444 4, ' - 0 a '' I .8544 :I, ' 0.1*ae. 9 1 . K"---''-''''`,............... 1 o" es .\ ee V. , 2840A2 ' ‘ 4001 E , 114t9 sr -521.31 •t fIN.WI • ,43 4 C. 'II 7. V' gz,. tt-J 42114 • a.. '•:• \LI.3 I7L2P - D I ....a4 171 2f .... . :..... •• 13,4 .00 2101 wi s ill'Ag. t , ; 4- JCSVIN 1C11111T • ;S. 20 S w :0 0 1 4 TS/3+11 =7 eta 1 264 1 EAST 134. issi se • la 2700 -ay: •., • as0 ,'' 1,1 • HAL -21 -4.f r 4 49t 2100 at 0 Pt Cr) f. ID ID 7 lit 234. le I NEST 2114. ...2 19 ai , ... -is3:13' - s 0 2200 - 4 59.0 ..4 44-■ ft,1 I A- •-• VA 34' • -" a .- N•.Ii 216) ! ••••• = 1700 • , t18 A N N ( ••t 1'1.-T*. 0 x;0 f 1 a•-I.1.90a.2 mo'm .•. .e.-. 0 2 S3.M0 : -rrrl io zo 00 47- ..-..A.-,. -...-.-...........-.......-.•. .l.a 0.iV t•.i...*s*....-.,.-.-:..........-.....•....-.. -i•I ..- , *ILI** a 714e. 0 * •E 0 1 ,..f...a, 14 7 • J ACR.L. -. 1600 2500 3! 4 .. t.. * I . 17 0• 1.4Ao. 1, ig.2 AA, 0 •3s ... 1 Ig4 CS 13002 t ..4. • . . . I t i tz il 1 .'' 23 TR \crs Al\ rs•o j r - - - . ,........ s 1 t 8 121.2 - /129319. lea: • \ ........ 34.._ ..... fr... la I 1043; \ 14 3EF. MAP v 2S 1 120 • . ‘ - 4.••••••■•=rrimil• 4 n ,. ft STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION ' April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut, Tigard DOCKET: ZONE CHANGE, ZC 5-80, Dennis O'Neel APPLICANT: DENNIS R. O'NEEL OWNER: Harold & Patsy Lane 10175 SW Barbur Blvd. , Suite 211-B P 0 Box 801 Portland, Oregon 97219 Antioch, California 94509 APPLICATION DATE: March 20, 1980 SITE LOCATION: Adjacent to north side of SW North Dakota, 210° west of SW 95th Avenue and 250' east of SW 92nd Avenue (Wash. Co. Tax Map 1S1 35AC, Tax Lot 700) NPO #2 REQUEST: For a Zone Change from Washington County RU-4 to City of Tigard R-7 "Single Family Residential" Zone. °• PREVIOUS ACTION: r Property was annexed to the City of Tigard by Boundary Commission Finil Action 4`K Number 1557, and Resolution Number 80-2 passed by Tigard City Council 1/14/80. s• ,i'lll I. FINDINGS OF FACT: €' 1. Neighborhood Planning Organization #2 Plan adopted by the Council 2/24/75 k designates this parcel as R-7 "Single Family Residential". '".` 2. Development on Lots 501, 502, 500, adjacent to the east by Bill Godwin (reference MLP 3-80) will include a half street improvement to local street standards to the approval of the Public Works Director. F.�. 3. Gravity sewer service to this area may be difficult due to the slope away 4, from the main line in SW North Dakota. 4. Actual plans for development have not been submitted to staff for review. ,V' Applicant indicates that 4 single family homes could be built on this site if a variance for area standards was approved by the Planning Commission. i= a II. CONCLUSIONARY FINDINGS: 1. This request is in compliance with the Comprehensive Plan. i' , [ f S �t iti � f('Mj t9 rd STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION April 15, 1980 ZC 5-80, Dennis O'Neel Page 2 1I III. STAFF RECOMMENDATION: Staff recommends approval subject to the following conditions: 1. Half street improvements to be made to SW North Dakota across the full 130 foot frontage of lots 701 and 700 to connect with improved street to the west. Applicant to construct half street improvements from SW North Dakota, north approximately 350 feet to northern property line to local street standards. This street to be constructed, if possible, in conjunction with the development immediately to the east. (Bill Godwin, GBI, Inc.) All construction plans to be approved by the Public Works Director prior to the issuance of Building Permits. Necessary right-of-way to be dedicated in conjunction with dedication by property owner to the east to allow for construction of local street. }! 2. Zone change to be conditional upon Council's passage of annexation ordinance following receipt of final order from Boundary Commission. 3. All utilities to be placed underground when development takes place. 4. Property owner to file subdivision application for this property in the future. J r 5. Grading plans and construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 6. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 7. No Building Permit shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 8. Improvements to be bonded prior to issuance of Building Permits. 9. A public gravity sewer be constructed on the north/south street stub to be connected to the SW 95th Avenue sewer line via an easement. This sewer line to be constructed if possible in conjunction with the develop- ment immediately to the east. (r: STAFF REPORT AGENDA 5.7 TIGARD PLANNING COMMISSION April 15, 1980 ZC 5-80, Dennis O'Neel Page 3 10. A variance to R-7 lot size standards be obtained to create four (.4/. lots on this site at the of application for a SubdiVision Preliminary Plat. Prepared b40014011: i.e. 'd lanning Director AHvme ir' ,• 4 P .,• C'k. r, LT1 o -1) i ' i ....,,,,..v..--„,0Azir,v_vokt.,-.4v4-h- %-... k:44.,,,,..av .=..1.,_ii*.z. 1 .. AZ4V./.:t.,..;:...,Z.7.4v7,":7:4Y0.47,4.5177M737M.:/74,M7121Z17..#1/'7 p SOU T 14 /.../Ne44o/m/s,w.„,,„„.....,........,,,„,„,,.4.. °5 fh g .., AVE' 1 c q No. 1018 i. •,01,,,,,,,,,,/or.l 0-0 62 44 • • D e 70 • 259 . -- 4-2.."..' C O. l'.;,;.• m • ! ;.! ■ ,,t ,,,C ''.."... 5 , ,' , ,'I§ al cr) i,-•., • :. 0"-- ,c)r-, = 0 8H:..: .) ,... .. , } . ...... — ',.., - Rs... I L... '9 C 2 ^'? , j 1 . ,... z "......N. § : . -. .. .I I' ,.., 70 1 IV .:-,3 'IN --' .? NO"10'W j IV E. l.,..... 5161" ii. r'I K)5 Z 1 . • '''' !....,.e;C.,9 S2 _ Z■ Imtitki p 1.) — isJ L' ri.0 a-,3—• L•••■••—••• § z, N, 8:., it.,..., ...........,,i a, , .. .... ,,,,, ()I"1 ,..t. • ..... 4.".... FP.; sK,'"G.h : s o° .•- , . , . .:7•- '...-.- 1: -2 :A liiii-lik-r 80 ....— 1 . Irogigia — 1 , S.W. 94th , 4i' -k:SI/1 6 - til — AVENUE .....—..—.7 .. C ..' Fl '..s..'111, ••••\ ■ r t a MP - . - - . l' AN MAP MI_ _.. . _ . • . .. -- •I;" . =.. - .... .... 276.51 A.1 U1 I • i -: Th" _ 201.M* I Na CA 00 0 //.3 1.-1 .„ , 04.4: - I . ' 7 . 7 • . - , A 2 2 5.31 75 75 259 rmmr# S C°10 w 34Z 31 I ;-:1111 . kil 4=1 / 634.26 k 0 a 1 ei .00 IV ;;;. 52 il 4:2• Z • SW 92nd : :., 4 .c AVENUE • 04 1 . - ri 1-1.1 \ ” ..• 1 . ,,,. ../... 1 .... 0 1 100 63 0 63 L".‘11 1.41 I 0 . i 1 !- ......- FA •,r ....--.... ....—.... ......--. . ......-... — ,, ......, , • T,. STAFF REPORT AGENDA 5.8 TIGARD PLANNING COMMISSION April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard DOCKET: CONDITIONAL USE, CU 3-80 (Ronald Wirth) APPLICANT: Mr. Ronald K. Wirth OWNER: SAME P 0 Box 354 Wilsonville, OR 97070 APPLICATION DATE: March 17, 1980 LOCATION SITE: 13800 SW 110th (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1300) REQUEST: Extension for one (1) year of Conditional Use, CU 32-78 PREVIOUS ACTION: The Planning Commission approved Conditional Use, CU 32-78 on January 9, 1979. A Minor Land Partition, M 14-79 was approved on June 15, 1979. I. FINDINGS OF FACT: 1. Reference Staff Report CU 32-78 II. CONCLUSIONARY FINDINGS: 1. Reference Staff Report CU 32-78 2. Expiration when unexercised. Section 18.72.030. "If a conditional use is approved by the Planning Commission and then is not exercised, it shall expire in one (1) year from the date of approval,if the use has not begun and continual progress toward its full operation is not in evidence. III. STAFF RECOMMENDATION: In this particular case, no substantial progress has occurred on this property within a year. The applicant is requesting an extension of this Conditional''Use for one (1) year. Staff recommends approval of this request subject to the following conditions: C i I STAFF REPORT AGENDA 5.8 TIGARD PLANNING COMMISSION April 15, 1980 CU 3-80 • Page 2 1. That the owner fulfill all the Conditions required by the Planning Director on June 12, 1979. (See MLP 14-79 Exhibit B) . 2. The areas to be dedicated along 110th and Garden Park Place must be described on the attached dedication agreements by meets and bounds only, with site plans showing area to be dedicated. No other form of description is acceptable. Prepared by Al*. - oward, Planning Director. AHvmc c dr • 1 ° STAFF REPORT i_ 4 • AGENDA 5.4 A TIGARD PLANNING COMMISSION January 9, 1979 - 7:30 P.M. Fowler Junior High School - Lecture Room • 10865 S.W. Walnut Street - Tigard, Oregon Docket: Conditional Use CU 32-78 Request: ' To construct a duplex unit in an R-10 "Single Family Residential" zone on a .57 acre parcel. • Location: 13800 S.W. 110th (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1300) . • Applicant: Ted Vonada I. Findings of Fact: 1. This item was rescheduled from the December 5, 1978 Planning Commission public hearing meeting. • 2. The site is designated "Urban Low Density Residential" on the NPO #3 Plan and zoned R-7 "Single Family Residential." .3. Section 18.20.020(1) of the Tigard Municipal Code permits "Duplex Residential, with a minimum lot of 10,000 square feet: one duplex • per lot or two single family attached units with a minimum lot area of 5,000 square feet per unit." In the event it appears that it is not practical to divide a legal lot into two lots of 5,000 square feet each, the Planning Director may approve the division notwithstanding the fact that one lot is less than 5,000 square feet, provided, however, that no such lot shall be smaller than 4,250 square feet. 4. The applicable policy from the Tigard Housing text is the following: Policy 15. Provide greater diversity of housing density (e.g. , duplexes, four-plex, attached single family units, etc.) . 5. The site slopes from the southeast corner dropping approximately three percent diagonally to the northwest corner. One residential unit is existing on the east side of the lot. The remaining vacant . • area has grassy, scrub vegetation. The surrounding property uses • are a residential unit to the west across S.W. 110th, vacant property to the north and immediately east which is one tax lot (1301) whose owner is preparing plans to develop duplexes. Continuing east and directly south is the present construction of Garden Park Place duplex planned development, 6. The applicant is proposing to construct a duplex unit on the western portion of the site with remodeling the existing dwelling into a duplex and minor land partitioning the tax lot into two separate tax lots. 7. Southwest 110th is designated as a local street requiring 50 feet of right-of-way. 8. A local standard street is being constructed within the Garden Park Place development that when continued will pass throughout lot 1301 and the subject site. • `4. STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMiSSI0N January 9, 1979 - 7:30 P.M. `y.. CU 32-78 Page 2 • • 9. Unified Sewer Agency Service and the Tigard Water facility is available from the east approximately 140 feet and the north along S.W. 110th approximately 150 feet. ' II. Conclusionary Findings: 1. The southern and eastern vacant properties are under construction for the development of duplex units. The owner of the northern property from the subject site has expressed interest in constructing higher residential density units also. 2. Southwest 110th is in substandard condition having inadequate paving width, no curb, gutter or sidewalks. 3. This request conforms to the density limitations of the R-7 zone (Single Family Residential) and Urban Low Density Residential designation of the NPO .#3 Plan. • 4. There is an identified public need to provide a diversity of housing types within the community, according to policies set out in the Housing Plan . III. Staff Recommendations: Staff recommends approval subject to the following conditions: 1. That the applicant dedicate the adequate distance (as determined by City Engineer) of right-of-way along S.W. 110th, and construct half street improvements to City Standards prior to issuance of building permits. 2. That the required construction and.drainage plans be submitted and approved with the necessary bond agreement to the Engineer and Building Departments for approval prior to issuance of permits. 3. That access to the duplexes be off S.W. 110th from the present • driveway until the local street north of the property is installed. The driveway access: will then be terminated_ No access onto S.W. 110th directly from the duplexes will be permitted after the northern street is constructed. 4. The applicant will install a minimum 30 foot wide common driveway with a . ; minimum 24 feet of paving to building code standards off the northern local street prior to approval of final building inspection. • In STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION Sri January 9, 1979 - 7:30 P.M. CU 32-78 Page 3 5. The applicant will dedicate three feet from the northwest property line moving east 92.6 feet, and dedicate 25 feet from the northeast property line moving west 8.0 feet. The applicant shall participate by contributing funds vrEontracting the construction of the local street -improvements-on-the -dedicated areas proportionally prior to final .building inspection. � ; t • s'N4;� Report prepared by: Ken Selby Associate City Planner • January 5, 1979 • • • • st 'f. • �`y 1 Et!Mta TIGAR© � CITY OF TI G A R D P.O. Box 23397 • 12420 S.W. Main Tigard,Oregon 97223 January 17., 1979 Mr. Ted Vonada 7070 S.W. 83rd Portland, OR 97223 Re: CU 32-78 Dear Mr. Vonada: Please be advised that the Tigard Planning Commission at their regular meeting of January 9, 1979 approved your request for a conditional use permit to contruct a duplex unit at 13800 S.W. 110th (Wash. Co. Tax Map 2S1 3DD, Tax Lot 1300) . This approval is subject to the following conditions: 1. That the applicant dedicate the adequate distance (as determined f¢� by City Engineer) of right-of-way along S.W. 110th, and construct R,y4 half street improvements to City standards prior to issuance of building permits. 2. That the required construction and drainage plans be submitted and approved with the necessary bond agreement to the Engineer and Building Departments for approval prior to issuance of permits. 3. That access to the duplexes be off S.W. 110th from the present driveway until the local street north of the property is installed. The driveway access will then be terminated. No access onto S.W. 110th directly from the duplexes will be permitted after the northern street is constructed. 4. The applicant will install a minimum 30 foot wide common driveway with a minimum 24 feet of paving to building code standards off the northern local street prior to approval of final building inspection. Ar • Mr. Ted Vonada CU 32-78 January 17., 1979 Page 2 5. The applicant will dedicate three feet from the northwest property . line moving east 92.6 feet, and dedicate 25 feet from the northeast property line moving west 98.0 feet. The conditional use permit shall expire in one year from the date of approval, if the use has not begun and continual progress toward its full operation is not in evidence. If we can be of any further assistance, please do not hesitate to contact this office at 639-4171. • Sincerely, /leam Ken Selby Associate City Planner KS:db Note: The following acknowledgment must be received by the City of Tigard within fourteen (14) days of your receipt of this letter. Failure to return this acknowledgment may result in action by the City of Tigard. I hereby acknowledge this letter documenting the action of the Tigard Planning Commission. I have received and read this letter and I agree to the decision here documented and to abide- by and terms and/or conditions attached. , .mo z •e- /31 e Signature Da • h ....- , r. ' r ' „ rt,,,-.? ■ 1' TIGARD ` .. CITY OF TIGARD P.O. Box 23397 12420 S.W.Main RECEIVED Tigard,Oregon 97223 JUN 21 lyay C4n OF_t��p June 15, 1979 Mr and Mrs Ronald K. Wirth 9430 S.W. 4th Wilsonville, Oregon 97070 Re: MLP 14-79 Ronald K. Wirth Dear Mr and Mrs Wirth: Please be advised that the Tigard Planning Director on June 12, 1979, approved your request to partition a .57 acre parcel into two lots, (Wash. Co. Tax Map 3S1 3DD, Tax Lot 1300) . This approval is subject to the following conditions: ��� s 1. That the applicant dedicate the adequate distance (as deter- mined by the City Engineer) of right-of-way along S.W. 110th, and construct half street improvements to City standards prior to the issuance of building permits. 2. The applicant will dedicate three feet from the northwest r.. property line moving east 92.6 feet, and dedicate 25.0 ft. from the northeast property line moving west 98.0 ft with half street improvements prior to the issuance of building permits. }s} f; 3. Half-street improvements along the northern boundary of the sub- ('' ject site shall be constructed simultaneously and/or in conjunc- tion with the subdivision development on the adjacent northern Pt, property (in reference to S 2-79) . €, 4. That the required site, construction, and drainage plans be sub- mitted and approved with the necessary bond agreement prior to ' the issuance of building permits. ''':'. 5. That access to the proposed duplexes be off S.W. 110th, utilizing the existing driveway, until the local street north of the pro- perty is installed. The driveway access will then be terminated. ,y v } �4 h I Mr and Mrs Ronald K. Wirth June 15, 1979 MIR 14-79 ( :r No access onto S.W. 110th directly from the site will be per- mitted after the completion of the northern street. 6. The applicant shall submit plans for site design and architectural (; review. If we can be of any further assistance, please do not hesitate to contact this office at 639-4171. Sincerely, to 11/x► ;; ►- u Az.m B Babar �s 1 unity Design Planner AB:lm Note: The following acknowledgement must be received by the City of Tigard within fourteen (14) days of your receipt of this letter. Failure to return this acknowledgement may result in action by the City of Tigard. • I hereby acknowledge this letter documenting the action of the Tigard Plann- ing Director. I have received and read this letter, and I agree to the decision here documented and to abide by any terms and/or conditions attached. 3i&2 x7 6/2-it 2y Sig da / 70 Pay 6 -011-'79 Signature date I Jn 2> / / 2 0-6;_-•e> � //D7771 - (7/14---ed7 ,„,74--4/r L -J .A -v-v ' 7/1/ `A J 9- /?e) . ‘z4,0 /1.17,-,....ee' erk.)--ZZ ��-- mil✓ -�-�-t-�� � ,.�-z-�- u�.� ` •y ..`L 2.:, 1 t413 � y • 7�v r ` - i 1 , , • , y � . , � 'V , jY � ?hM , , e .'"c.-'": l :* !'tk; ''x, w t f?tl'Sa4 ri r'iaC i t yC • 1P‘ y t.,'- t gf-. tts ` tyi + °4 tlt'#'t1 .r. v • z c .s' '+'� r�irA'yni,i 111 ail i.� ,.. -t + k r���'°,;{IM FY 1 411 f `� .,+ • THIS M.O...IS U h 1 �,,.�{, hers ' - �� ,,; ;• •CC NE �1t1�'" 'i:r ;�*. + .'� 422 `2t �2t; AP i+, 1� Avi''Ario'ooES NOl M is �s THIS. • 1/s 423 •N. sHOv+a-•j H ' 1,0 CAYa . ;I'' IMPROVE I t °s :12. 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GotiArlDS- — , . •Irr r: i t: H!F '; `3.ks a n'S ,,-..:•:::, r *r i •,1.',..,..,• '. r i{1;a%1,1' ti t ,,z '4. ..._ZCf° , r �4 tC f...1 ; , l 1 U-f*;'t`4 ..^ y r4 - ,�r Y_i i+ +' '41 '' Jt .'r� ' `g,�-.G I' ,•; ;Ik 1N.. •( j �.r yyyy,{,,, ,.. 1�. 1 xt }- r H 7 slit!' r l'`,,C.:•:4...",-4y ,r .�{ i rk 1x,•,.,•`K'1�!"( 2}� 1 S. :31• __l!'S�ry J �.1111.r 'C �:',:�5�/'�/K'S4:1..'•"(...:"1.%,X�v, �' 'l'4 ! $hit y.. ?tgi., ?'{:: f3.'. 31<'''h,� } t ,"1 14 n a 7r.'r•',M t t .0. _ ; 1 i ,, x 1400 a! r KIi!. At 5't ' ' L• , r •• .. .. .... • K +1 �`i♦•. $• . . r", mot. �•�/�.. . t . : �. grit STAFF REPORT AGENDA 5.9 TIGARD PLANNING COMMISSION April 15, 1980 - 7:30 p.m. Fowler Junior High - Lecture Room • 10865 SW Walnut Street, Tigard DOCKET: VARIANCE, V 2-80 (Shell Oil Company) APPLICANT: Mr. R. E. Hollingsworth OWNER: Mr. Conrad E. Anderson (Land) SHELL OIL COMPANY P 0 Box 982 1425 NE Irving Street Lincoln City, Oregon 97232 Portland, Oregon 97232 OWNER OF FACILITIES: SHELL OIL COMPANY APPLICATION DATE: February 25, 1980 LOCATION SITE: 9785 SW Shady Lane (Wash. Co. 1S1 35B, Tax Lot 200) NPO #2 REQUEST: For a Variance to allow additional sign height. PREVIOUS ACTION: Applicant states that in 1971 he received a Building Permit from the City of Tigard which included a permit for a thirty-five (35') foot highway sign. Staff is unable to document this statement from our records. We do show a Building Permit issued in 1973 for an addition to the present building. I. FINDINGS OF FACT: 1. Chapter 18.76 Variances of the Tigard Municipal Code Section .020 Granting-- Conditions states as follows: "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 not 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.'' 4: STAFF REPORT AGENDA 5.9 TIGARD PLANNING COMMISSION April 15, 1980 V 2-80 Page 2 2. Tarbell Company was granted a Conditional Use to construct a real estate office building eleven (11') feet above the allowable building height by the Planning Commission on August 21, 1979. Surrounding property owners were notified of this hearing and this particular applicant did not respond at that time. (Reference CU 15-79) 3. Chapter 16.40 Special Types of Signs, Section .090 Outdoor Advertising Signs, part (2) Height, states: "The maximum height of an outdoor advertising sign shall not exceed thirty-five (35') feet from the ground level at its base." III. CONCLUSIONARY FINDINGS: 1. Applicant is proposing to raise the current sign twenty-eight (28') feet Above the maximum height allowed in this zone if this Variance is granted. 2. This proposal violates the Code, Section 16.40.090. 3. Applicant has not met the four (4) conditions for the granting of a Variance contained in Code Section 18.76.020. III. STAFF RECOMMENDATION: Staff recommends denial of this Variance for the following reasons: gy !a. 1. No evidence has been submitted which proves that the Variance Conditions have been met. STAFF NOTE: In an effort to help this applicant, Staff contacted the owners of the Tarbell Building concerning the possible placement of a sign along 217 on the Tarbell property. Tarbell agreed to lease space to Shell Oil. Shell Oil was not willing to lease the space. In this particular case, it does not seem appropriate to Staff to simply raise the existing sign to a height of sixty-three (63' ) feet! If this same logic was applied throughout this City, we would experience less than desirable consequences. Staff has tried to reduce the visual effects of signs through the use of the Sign Code as approved by the Planning Commission and the City Council. We have been very restrictive and try to limit �# signs to one (1) freestanding installation per site. Prepared by Al. .ward, Planning Director • !s AHvmc (vt 3 E $ 1 s'c..a.n. ,ors^':. 4� ' TIGARD CITY OF TIGARD • .. P.O.(Box 23397 12420 S.W.Main ,, Tigard,Oregon 97223 RECEIVED September 10, 1979 • SEP 1 7 1979 CITY OF TIGARD PRENDERGAST MOORE • C/O Thomas and Greiner P O Box 1927 Bellevue, Washington 98009 RE: CU 15-79, TARBEI L REALTORS entlemen: Please be advised that the Tigard Planning Commission at their • regular meeting of August 21, 1979, approved your request for a conditional use permit to renew a conditional use approval to build a real estate office building eleven feet above the allowable building height in a C-3 "General Commercial" zone on a 1.44 acre parcel. The conditional use permit shall expire in one year from the date of approval, if the use has not begun and continual progress toward its full operation is not in evidence. If we can be of any further assistance, please do not hesitate to contact this office at 639-4171. Sincerely, 4t - 1((— Ken Selby Associate City Planner KSvmc Note:. The following acknowledgement must be signed and returned to the City of Tigard, Planning Dept within fourteen (14) days of your receipt of this letter. Failure to return this acknowledgement will result in no further action on this project with regards to issuance of building permits or engineering approval. -� 11.... ' . • ___. �,._lie, °1 �C s�gnature\ Date j .r REMARKS . . . . In January, 1971 the City of Tigard granted building permits to construct a three- bay ranch style Shell service station at the subject location. Among the permits included was a special sign permit for a 35 foot highway sign for the purpose of identifying our location to the automotive traffic on Oregon State Highway 217. At the time we negotiated our deal with the land owner, we purposely negotiated an easement area to the east of our location for the placement of this sign. (See Plot Plan). In April of 1972 the State Highway Commission took over the easement area for the purpose of constructing the Greenburg Road overpass and we were forced to move the sign onto our leased premises with City approval , as is now indicated on the attached Plot Plan. When the overpass was completed, our highway sign was barely visible to the traffic moving southeast on O.S.FI. 217 but had excellent visibility to the northwest bound traffic on O.S.H. 217. In .September of 1979, our Lessor, who owns the land at our subject site and who lives in Lincoln City, brought us a notification which was sent to him by the City, advising that a hearing was to be held by the City in August to act upon an appli- cation for conditional use and variance to build a commercial office building adjacent and to the southeast of our service station. We received word of the hearing almost a month to late to give testimony, although I am not to sure that we would have been overly concerned at the time. We have always felt that public r: bodies such as your municipality study proposals thoroughly enough prior to approval that the authorization of a C.U.P. or variance would not be injurious to those properties adjacent to or in the vicinity of the new project. The adjacent new construction completely covers and obscures not only our highway sign but also our total service station building from the view of northwest bound O.S.H. 217 traffic. The Greenburg Road overpass already obscures our facilities from the southeast bound motorists view. the highwav id n -ification sign is paramont to the successful and profitable operation of a highwav oriented service resented our con§tr_uction proposal in 1970 and the highwav sign was approved. We have conducted a thorough survey and investigation of our total property in hopes that there would be another location on the premises to locate the sign which would afford the visibility that we have lost. Unfortunately there is none. Our last recourse is to request a variance to the ordinance which will raise our sign over the building which now obstructs the visibility. Based on our research we will need a sign heighth offaa-feet to clear the top of the newly constructed office building. This heighth was computed by actually raising a target sign by boom truck at the present sign location. In summation: 1 . Owing to special and unusual circumstances, the construction of the office building abutting our premises has created an undue and unnecessary hard- ship on ourselves and especially our contract dealer who operates the business. 2. We feel that granting of the C.U.P. and the variance to the applicant and k. Page 2 builder of the subject office building was not in keeping with 18.76.010 of the code which states that "in granting a variance, the planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood". 3.a. We feel that based on 18.76.020 of the code, exceptional and extra- ordinary conditions exist in this instance wherein a previously granted use has been taken away from the premises. b. We feel that an approved variance is necessary for the preservation of a property right previously given by the City. c. We feel that the authorization of the variance previously given to the abutting property owner was materially detrimental and injurious to our property based on the City's previously granted sign permit, and, d, the variance requested is the minimum variance from the provisions and standards of the ordia:ance which will alleviate the hardship. We respectfully request that our application for variance be approved. Thank you. ' - ' . IS' I.35BA . .. - • . . .. • . . , • , WI, • i . 44 f... . ''.;.;r79/''W.%•,,,21.4"- / ••., • . ,,. e . . A . l fq J . • •-,.4 :• , ° . . . . c' SEE MAP IS I 3A8 t. 1.1 "Go.•,, *so oo / •,). a 0 ,,,„• . , v-t,' • tic?' t t -- sl. o 4 V. •‘ •'4. — I . 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I�� _. 0000. 1 t y is• r � M E M O R A N D U M TO: PLANNING COMMISSION, April 15, 1980 FROM: PLANNING DIRECTOR SUBJECT: ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 1-80, Copper Creek/ Tualatin Development Co. , Inc. Following your review and denial of ZCPD 1-80, Copper Creek/ Tualatin Development Company, Inc. (TDC) , TDC's representatives met with me to discuss the issues. They have requested that Phase I be the 23 parcel subdivision off Picks Court on • 5000 square foot lots. If you wish to consider this, we could schedule them before you in May for ZCPD 1-80, Phase I and they could be at the general plan review level. I have mixed emotions about this. Their primary concern is that if they are not allowed to start construction, they will miss the 1980 building season. My concern is that if we commit to this development in "stages",we may have difficulties. 5000 square feet in an R-7 Zone may present a problem. The Comprehensive Plan now shows that the R-5 Zone shall be approximately 250 feet south of Durham Road. This project does not lie specifically in this Zone. Obviously, under a Planned Development District, the lot areas can be changed, however, the NPO is effected and we still have not resolved the issue of Durham Access, Comprehensive Plan k; Designations, density, etc. with the City Council! I told TDC that I would present this to you for your review. ?` (dDirector AHvmc }= �4. fl �•M yet+ .� (503) 639-3101 TUALATIN DEVELOPMENT CO., INC. 15300 S. W. 116th Avenue TIGARD, OREGON 97223 March 27, 1980 Mr. Aldie Howard City of Tigard P.O„ Box 23397 Tigard, Oregon 97223 • Reference: Zone change ZCPD 1-80 (Copper Creek) k. Dear Mr. Howard: f' it As discussed with you during our meeting on March 24, we would like you to present to the city council our request for approval to proceed with the 23 lots of our project that are homogeneous with the Pick's ' Landing subdivision. It was determined at our meeting that since these lots do not directly inter-connect with the balance of Copper Creek and have been specifically designed to reflect the concept of Pick's Landing, there would be no need to delay their development due to pending approval of the proposed Copper Creek concept. The 23 lots would maintain a minimum of 5,000 sq. ft. and would radiate out from two cul-de-sacs located off S.W. Serena Way. Unit type would be single family design utilizing conventional wood frame construction standards. We greatly appreciate your representing us with our request. As always, if I can be of any assistance, do not hesitate to contact me. Sincerely, TUALATIN DEVELOPMENT CO., INC. Vlad Voytilla Designer/Project Manager VV:dm