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SCA 2-75 HI-HAT RESTAURANT sus 400 SERVICE CLUBS IDENTIFICATION SIGN — AT HI-HA'r RESTAURANT Sign Code Appeals (SCA 2-75) 1 August 9, 1975 Mr. :3ruce P. Clark P. o. Box 23397 Tigard, Oregon 97223 Reference: File No. SCA 2-75 (Servi;;e Sign at Hi Hat Restaurant) Dear Por. Clark: Please be advi?ed that the Tigard Planning; Commission, at their regular meeting of August 5, 1975, considered your appeal of the City's denia�. of a sign permit for a service club sign advertising meeting times to be placed in front of the Iii. Hat Restaurant at 11530 S. 1+. Pacific Iiighway. Your appeal was approved subject to the following condition: 1. The location of the sign will 'be subject to approval of the City Public ',corks Department for reasons of public safety. If we can be of addition�1 assistance or if you need additional information, please do not hesitate to call tilis office st 63'")-4171. .sincerely, Jerald M4. Powell, Assoc. AIF Associate Planner JMP:ps AGENDA Tigard Planning Commission August 5, 1975 - 7:30 p.m. Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER 2. ROLL CALL 3. MINUTES: (study session) July 22, 1975 4. COMMUNICATIONS 5. PUBLIC HEARINGS 5.1 CONDITIONAL USE C'J 15-75 (Wineinger/Gingerbread Pre School ) A request for permission to expand an existing conditional use day care center in a residential zone at SW Hall Blvd . and Hunziker Streets. 5.2 CONDITIONAL USE CU 17-75 (Tigard Lions Club/Paper Drop) A request for permission to locate a paper drop station (collection of recyclable paper) on a portion of a C-3 zoned site at 12850 SW Pacific, behind Davidson's Frost Top , 5.3 CONDITIONAL USE CU 16-75 (Martel/TCT Auto Supply) A request for permission to locate a retail auto parts store in a C-3M zoned site in an existing building at 12175 S. W. Main St. 5.11 VARIANCE V 7-75 (Martel/TCT Auto Supply) A request to allow an exception to Chapter 18.60, Tigard Municipal Code, requiring off street par%ing for a com- mercial premise located at 12175 SW Main St. (This variance request pertains to the conditional use permit requested ' above) , 6. PUBLIC HEARING COMPREHENSIVE PLA?d REVISION - CPR 3-75 A request for Planning Commission recommendation of a. amrid- ment to the Tigard Community Plan of 1971 in accordance with recommendations by N. P. 0. #3. 7. PUBLIC HEARING ZONE CHANGE - ZC 8-75 A request for Planning Commission recommendation to certain parcels within N.P.O. #3 to conform with the Comprehensive Plan (Tigard Community Plan of 1971 as amended) . 8. SIGN CODE APPEAL SCA 2-75 An appeal of the City ' s denial of a sign permit for a service club sign advertising meeting times to be placed in front of the Hi. Hat Restaurant at 11530 SW Pacific Highway. 9. SUBDIVISIONS 9.1 MINOR LAND PARTITIOI`i MLP 4-75 (Schmidt/Hall Blvd. & Ross St. ) A request for partitioning of a 9j acre parcel into two lots at SW Hall. Blvd. and Ross Street) 10. OTHER BUSINESS 11. ADJOURNMENT PC Agenda - August 15, 1975 - page 2 S cfi D5— MINUTES 5— MINUTES Tigard Planning Commission August 5, 1975 - Regular Meeting Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon 1. CALL TO ORDER: Acting Chairman Porter called the meeting to order at 7:35 p.m. 2. ROLL CALL: Nicoli, Popp, Porter, Wakem, Hansen were present; staff: Bolen and Laws 3. APPR07AL OF MINUTES: Minutes of July 15, 1975, were approved as read. I 4. COMMUNICATIONS +.l Joe Chamberlain - tabled until later in the meeting. 4.2 o Porter commented on CRAG transportation plan and made reference to the plans designating Gaarde, Tiedeman and Walnut from Pacific Hwy. to Tiedeman as arterials, saying the Planning Commission was not given an opportunity to participate in this matter. o Porter then proposed a resolution by which all planning matters concerning the City of Tigard, as they are asked to be responded to by either the county, CRAG or the state should' be in the form of a written communique and have the approval of the Planning Commission. o Hansen voiced his approval and moved to pass the reso- lution. o Bolen commented on CRAG' s procedure for acquiring in- formation from local jurisdictions and stated he approved of the Planning Commission 's proposed reso- lution. o Motion seconded by Porter. o Adopted unanimously. 5. PUBLIC HEARINGS 5.1 CONDITIONAL USE CU 15-75 (Wineinger/Gingerbread Preschool A request for permission to expand an existing conditional use day care center in a residential zone at SW Hall Blvd. and Hunziker Street. 9 A. Staff report: was read by Bolen. B. Public Testimony o The applicant, James Wineinger, stated he purchaser the property under the assumption that it would be licensed for 38 children, but the City had granted a conditional use for only 30 children. He further stated that the state was willing to license the business for 38 children, but would Prefer the City approve the additional requested 8 children. o Popp askew how long the state permit had licensed the business for 38 children. o Wineinger stated on the day he purchased the property the state reduced the number to 30 due to the limit prescribed by the City' s conditional use permit. C. Staff Recommendation: approval D. Commission Discussion and Action o Mction to approve (Hansen) o Seconded (Nicoli) o Unanimously approved. 5.2 CONDITIONAL USE CU 17-75 (Tigard Lions Club/Paper Drop) A request for permission to locate a paper drop station (collection of recyclable paper) on a portion of a C-3 zoned site at 12850 SW Pacific Hwy. , behind Davidson 's Frostop. A. Staff Report was read by Bolen. B. Public Testimony o Applicant was not present o No opposition C. Staff Recommendation o Bolen recommended tabling the matter because the applicant was not present to make a case for the record. o Nicoli and Hansen requested not tab? _ sig the matter and asked for staff' s recommendation. PC Minutes - August 5, 1975 - page 2 o Wakern moved for approval, s - o Staff recommended approval with conditions- 1. pave access to drop area from Walnut P1. 2. pave maneuvering area around building D. Commission Discussion and Action o Popp suggested only paving around the building because of the expense of the paving. o Porter suggested tabling the matter because the applicant was not present and the ex.lenses that would be incurred for the paving of he site. o Nicoli felt the site should remain graveled. o Motion to approve application without staff recommended conditions was approved unanimously. Porter, made a motion to hear agenda items 6 and 7 and have a special meeting the following evening to hear the remaining agenda items. Popp recommended to proceed with agenda as it stood. The other Commissioners agreed and they proceeded with the agenda. 5.3 CONDITIONAL USE CU 16-75 (Martel/TCT Auto Supply) A request .for permission to locate a retail auto parts store in a C-3M zoned site in an existing building at 12175 Shl Main St. A. Staff report was read by Bolen. A. Public Testimony o The applicant entered as evidence pictures of the site. o ApplicE _t stated that the staff report co rere ' the items he wished to cover and that the pic- tures entered as evidence by the staff did. not show the parking area as it is to-.ay. C. Staff Recommendation o Approval, with any remodeling being; subject t� Design Review Board review. PC Minutes - August 5, 1915 - page 3 D. Commiisl.)n Discussior_ and Ac 'k:ic . o Popp asked difference between t:ae pari:.in6 ; in the picture and how it now exists. o Bolen responded by saying that there are now more spaces (9) from the previous (6) shown on the aerial photo. o Hanser. asked the staff if 9 parking stalls are required for the site, but they are only using half of the building, what restrictions would be placed on someone occupying the other half of the building. o The ;jpplicant responded by saying that they were only going to use half the building now, but the whole building is in their control. o Popp asked if the applicant would be sub-leasing. o The applican'u responded by saying no. o Staff report was amended to read the whole build- ing would be used and not just 2,000 ft. o Motion to approve with staff recommendations (Hansen) , seconded (Wakem) . o Approved unanimously 5.4 VARIANCE V 7-75 (Mantel/'TCT Auto Supply) F. request to allow an exception to Chapter 18, 60, Tigard Municipal Code; "equiring off-street parking for a com- mercial premise iocatei at 12175 SW Main St, (This variance request pertains to the conditional use permit requested above) . A. Staff Report read by Bolen. . B. Applicant stated prior comments would serve. C. Staff Recommendation o Approval, with the condition the applicant Ao,z. . use the entire building and if another leasee should use part of the building, a decision would have to be reached as to how the parking would be distributed among the occupants. D. Commission Discussion and Action o Popp moved for approval with ;staff recommendat; c; PC Minutes - August 5, 1975 - page 4 (D Approved unanimously. 6. PUBLIC HEARING COMPREHENSIVE PLAN REVISION - CPR 3-75 A request for Planning Commission recommendation of an amend- ment to the 'Tigard Community Plan of 1971 in accordance with recommendations by N.P.O. #3. A. Staff Report o Presentation of N.P.O. #3 Plan by Bolen. o Bolen stated that the N.P.O. #3 Plan is a revision of the 1971 Community Plan and serves as a more comprehensive study of land use within the plan area. o Bolen explained to the Commission and audience the proposed land use plan map and defined the par- ticular .land uses to include residential, multi- family, commercial, commercial-professional, open space and streets. B. Minority Report o Report given by N.P.O. #3 member Bibianne Scheckla who stated that N.F .O. #3 members Eleanor Quimby and Merrill. Berquist endorsed the report. o Scheckla stated that SW Gaarde should not be re- aligned, but be improved and remain as a resi- dential street. n There should be no proposed plans for commercial property along Gaarde Street and 110th St. shoal:! nc,t be extended to Gaarde. C. Public Testimony (questions from audience) o Pcrter asked for comments from N.P.O. #3 members. o Maurice Lesperance asked that further comments cin Gaarde St. be heard and then plan should be returned to N.P.O. o Kathy McCoy stated that it would be unrr-alistic to think that Gaarde St. could stay the way it is r-).. o Porter asked for questions from the audience. PC Minutes - August 5, 1975 - page 5 o Audience response was predominate: , the N.P.0, 's proposals for the imo.r-)v - Gaarde St, with. particular concern shown roward the effects of widening the street, the location of rights-of-way, the construction of pathways and bikeways, the environmental impact of increased traffic volume andthe general health and safety of the residents who reside along the street. o Those people asking questions were: SW Gaarde St. - Phil Spencer Lyall Turnbull Delores Crossway Bruce Anderson SW 121st - Wayne Rowe Lester Taylor Robert Kircher Mrs. John Reeves Margaret Milne Roger C.roney Mrs. Conry Xavier R. Althea Rodde SW McDonald - Paul Hiavirland Fred - Schultz Bob Lamb IW Village Glenn - Claire Robertson SW 114th - Bruce Hbllister SW Viewmount - Jack Skidmore o Porter then called for comments from the audience. o The comments from the audience were basically directed towards the proposed Gaarde St. alignment & wid -Y;ing and zone change proposals. o Those commenting were: SW 121st - Wayne Rowe Xavier R. Roger Croney Althea Rodde Robert., Kircher Lewis Bacon Sandy Heist SW Gaarde Tony Porter Marian Fincher A Spencer PC Minutes - August 5, 1975 - page 6 Roger Kling Mrs. George vermeyer SW McDonald - Fred Schultz Paul Hiavirland NPO #3 Members - Jean Haldorson Jan McCoy Dick Kluempke SW Fa. ^haven - Jenny Powers SW 124th - '--i-e Harold SW Village Glenn - Florence Robertson D. Commission Discussion and Action o Porter directed his comments towards the proposed realignment and widening of Gaarde. o Porter defined collector and arterial streets as they are stated in the 1971 Traffic Safety Program and said by calling Gaarde a collector, but actually using it as an arterial, CRAG and the county will treat Gaarde and McDonald as arterials once Gaarde is realigned, signalized and widened. o Porter also said collector streets should not be aligned at intersections as connecting collectors because they tend to put more traffic on them than is necessary. o Porter stated that the N.P.O. Plan made a very arbitrary rule for the land proposed to be changed from R-7 to Retail Commercial and that the Community Plan states on page 28 that Retail Commercial develco- ment at the intersection of an arterial street ­ilth an expressway or another arterial will be I!mite-' to one quadrant. o Porter indicated that the N.P.O. Plan stated that the singular purpose of Pacific Hwy . is to carry through traffic and that this t%as in contradi-.;t to the Community Plan. o Porter pointed out that the Community Flan states that neighborhood shopping centers should be lo- cated at .least one mile from _b commercial area -provfiding dfmi:la'P -goods b.nc? services. The NPU Plan states that neighborhood centers should be centrally located to the market area they serve. PC Minutes - August 5, 1975 - page 7 o Porter stated he did not think the results of what the N.P.O. Plan proposes have been looked at carefully and that the NPO' s analysis of Pacific Highway contra.dictL, what the Community- Plan states. o Popp felt he needed to study further the N.P.O. #3 text. o Nicoli asked N.P.O. #3 Chairman Kluempke if the N.P.O. would like the Plan returned to the N.P.O. o Kluempke asked for Planning Commission direction. o Wakem stated that it would be unfortunate, under any circumstances, to think the N.P.O. Plan was a complete reflection of Mr. Bolen! s philosophy.. o Wakem suggested that the Plan would not be sent back to the N.P.O. , but rather first receive written comments from staff so that the N.P.O. would have guidelines & that a Planning Commission study session should serve aS the means of im- plementing -chose guidelines. o Hansen stat-gid that further discussion is needed with particular atTention given to greenways and commercially proposed areas. o Popp stated that before the Plan is ;gent back to the N.P.U. it is necessary that the Planning Commission give the N.P.O. direction. o Popp made a motion to defer any action on the Plan until a Planning Commission study sessl,,r: is held,at which time the N.P.O. would be gi- -.ti direction. o Seconded (Wakem)' o Approved unanimously o A hearing was set for 7:3U p.m, on Aug,zst, 12 , 1975, in the G.T.E. Building and the N.P.O. #3 members were invited to attend. 7. , P!JBLIC HEARING ZONE CHANGE ZC 8-75 A request for Planning Commission recnmrnPndation to certain PC Minutes - August 5, 1975 - page 8 parcels within N.P.O. #3 to conform with the Plan (Tigard Community Plan of 1971 as amended; . Popp moved -;o table agenda item 7 o Seconded (Wakem) o Unanimously approved 8. 3IGN CODE APPEAL SCA 2-75 An appeal of the City ' s denial of a sign permit for a e?rvice club sign advertising meeting times to to placed in front of the Hi Hat Restaurant at 11530 SW Pacific Highway. o Porter moved to have agenda item 8 heard after 9.1 o Unanimously approved. 9. SUBDIVISIONS 9. 1 MINOR LAND PARTITION MLP 4-75 (Schmidt/Hail Blvd. & Ross St. ) A request for partitioning of a 9j acre parcel into two lots at SW Hal]. Blvd. and Ross Street A. Staff Report was read by Bolen B. Public Testimony o Applicant stated he has contacted the county to use a septic tank on the premises and also a well as means of providing water. C. Staff Recommendation o Staff recommended approval with the conditi res: 1. Healthful water is provided to the occupE . :;. ana that there is some means of dischargz sewer based. cn the approval of the County Health Department. 2. That the applicant dedicate 5 ft, of pror,-�r- along Ross St. as Ross St. is designa'-�d as a 50 ft. wide street under the City 's local street standards. 3. That the applicant agree to a rinn-remonstrar- for a Tom. I. D. within 10 years. D. Commission Discussion and Actit)n PC Minutes - August 5, 1975 - page 9 o Motion (Popp) to approve wit e ditions. o Seconded (Wakem) o Unanimously approved OTHER BUSINI.SS o Communications (Joe Chamberlain) Subject: Request for City-initiated amendment of the zoning map in Lake Terrace Subdivision (Joe Chamberlain - Arrow Heating Applicant) A. Staff Report B. "ommission Discussion and Action 0 otion by Hansen for Commission to initiate a zone change , o Seconded (Nicoli) o Approved unanimiusly 8. 3IGN CODE APPEAL (Variance Request) A. Staff Report B. Commission Discussion and Action o Popp recommended to accept sign as shown. o Porter suggested turning matter over to Design Review o Nicoli opposed Porter's suggestion o Porten stated only the placement of the sign should bt considered. o Porter asked if there was any othF.r place on the pr•e mises where the sign might be located and comply w.itti Tigard Sigi Ordinance. o Porter raised the question as to the sign being in right-of-way. o Motion (Hansen) to approve location of sign subject t approval of the public works department, foo reasons of public safety. o Seconded (Nicoli) o Mction passed 4-0, Wakem abstained. i(.). ADJOURNMENT: The meeting was adjourned at 12:05 A.M,, PC Minutes - August 5, 1?75 - page 10 STAFF REPORT Tigard Planning Commission August 5, 1975 Agenda Item 8 SCA 2-75 APPEAL OF SIGN PERMIT DENIAL A request for approval of a service club directory and meeting notice board on SW Pacific Hwy. in front of 11530 SW Pacific Hwy. (Hi Hat Restaurant) . Staff Findings 1. The ;ign proposed is not permitted by the Tigard Sign Ordinance: a) Only one t frontage ofdlessStlhan1300efeettin length d on a street g (Section 16. 36.040.3) • b) No more than G incidental signs may be permitted with a total area of not more than 16 square feet (Sec. 16. 36.040 (10) ) . ,j No free-standing sign, or any portion thereof, may be located on or project over any public right-of-way. 2. The Planning Commission is empowered to approve any sign permit (hence any sign) disapproved by the Building Official. 3. It has been proved that more than 10 items of information (an item is defined as a syllable of a word, a number, a symbol, an abbreviation, a broken plane or discontinuous shape) cannot be "captured" by the eye at one fixation. At 0 mph on a 4 lane road, a driver' s reaction time (the time it takes to recognize the above lO items and rap- ture" them) is 10 seconds, in which time the driver will have traveled 580 feet. The height of .letters readable at that distance is 11-1.2 inches. Assuming that the observer is simply going .to attempt to "capture" 10 items of information, then, on Pacific Highway in a 40 mph zone, in order to convey information, the letter height would have to be I1-12 inches and the sign, with background should be from 50 to '70 sq. feet, depending on how "busy" the surroundings are. Staff suggests that the sign requested will not work if oriented to Pacific Highway. a /}. A. less critical consideration is the design of the sign. Staff feels obligated to comment, however, that the "oriental motif" chosen is appropriate to the Hi Hat, but is really derived from a shinto gate -- a Japanese symbol. There is some question also as to whether the motif is appropriate to Tigard Kiwanis, Rotary, Toastms. and Commerchants. 5. The purpose of the sign appears to be to provide public information as to where the above-mentioned civic organ- izations meet, and when. 6. Directories to civic organizations, veterans organizations, public services, youth activities, etc. are frequently placed in public places (City Hall, public square or information kiosk, etc. where passersby might safely have an opportunity to read the notices displayed. Staff Recommendation to be advised after close of public hearing. i PC Staff Report - Aug. 5, 1975 - item 8 - page 2 max JL 0,via S. 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