ZC2-74 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PLEASE NOTE: The original paper record has been archived and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.
400 TIGARD COMMERCIAL OFFICE PARK
Zone Change (ZC 2-74)
..: ..,
SW 72nd at Varner a
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Harris- cMonag le Associates, Inc.
ENGINEER•SURVE�ORS
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8905 S.W. COMMERCIAL STREET
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TIGARD, OREGON 97223
Telephond(563)639.3453
August 27, 19
73/4XC htelt
laid
C CI Ty oF r
siGARD e
Mr. Aldie Howard
City of Tigard
12420 S. W. Main St.
A Tigard, Oregon 97223
Re: 72nd Business Center
(Formerly Varns Park) ':
pear Mr. Howard:
We are requesting that the requirements for the A.C. path through Lots 2
through 12 around the perimeter of the subdivision be deleted.
We W. � and. 13 along S. W. 72nd
and
S. W. Fir install The hVarns eStalL.I.O.Lwilll provide concrete sidewalks
along both sides of Varns Rd., which would serve the same purpose as the A.C.
path.
Subsequent construction on Lots 4,6 & 7 has severely limited the space for
a walkway. It appears that portions of the buildings may encroach into the
1 20-foot easement.
The emergency access lane we had installed along the common like of Lots 9
and 10 has been obliterated. A transformer has been placed so it limits the
width of the lane.
j ,.. s.lane the
We
are also requesting the relocai. f,the emersen access ne through
parking lot fir Lot 9, as shown on the lan soaping plans submitted to your
office. A dri teway ramp should be added as part of the City's L.I.O. improve-
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+ ents for Varns Rd. . No driveway ramp is shown on any location on the Gity`s a
plans for the emergency access lane.
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If you have any questions, please contact our office. ,
,r ey
•s
far 's- cMonagle Associates, the
Stuart L. Gatos by JRH
SLCtds
cc Hagman-City of Tigard
cc: Robert Fletcher a
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September 154 1975
%fro
Robert H. Fletcher
Fletcher, }t se . & Parsons
1750 Se W0 Sky1ixre0 suite 120
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Portlanr Oregon 97221 r
Reference: Pile N . ZO 2-74 (Tigard Cammeroial Office Park)
Dear Mr, Fletcher:
er:
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Please be advised that the Tigard Planning Commission., At their
September 20 1975, regular meeting) considered
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your request for
on extension for your Fletcher-Hanson-Parsons Planned Develop-
matt p
mert and your request was approved for a period of one (1) year
from this date.
If you have any questions or need additional al i formation) please
do not lie4itate to call this office at 639-41710 ! .
Sincerely?
4_y
Jerald Powell Assoa 4 AX?
Associate Planner
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AGENDA
Tigard Planning Commission
September 2, 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: Augu8t 19, 1975
4. COMMUNICATIONS
- 5. PUBLIC HEARINGS
5.1 ZONE CHANGE ZC 10-75 (City of Tigard
A request by the City of Tigard for a zoning map amendment
to zone recently annexed parcels at SW 98th and Durham Rd. ,
presently zoned Washington County RU4 (residential) to
Tigard R-7 (single family residential) . Washington County
tax map 2S1 11CD, tax lots 300 & 400.
5.2 CONDITIONAL US t CU 18-75 (Blomberg/Flea Mart)
A requpst by Fran Blomberg for permission to operate a
flea mart at 12770 SW Pacific Hwy. (old Wigwam store) .
Washington County tax map 2$1 2]3D, tax lot 1503.
5.3 CONDITIONAL USE CU 19-75 (Filip/Plant Talk)
A request for permission to operate a plant shop at 215
Tigard Plaza. Washington County tax map 1S1 35DD, tax
lot 3301.
5.4 PLANNED DEV8LOPMENT ZONE RtVIEW Zr 2-74 (Hanson-Fletcher-
Parsons/Tigard Commercial Office Park)
A request by the City of Tigard for a review of the Hanson-
Fletcher-Parsons Planned Development approved in 1974 at SW
72nd and Varns for a 9 acre commercial office park to deter-
mine its present status. (Washington County tax map 251 ID,
tax lot 900) .
5.5 VARIANCE V 8-75 (Morissette / 11370 SW Tigard Ave./setback)
An application for a variance to allow an 8 ft side yard
in an R-7 zone at 11370 SW Tigard Ave.
6, SUBDIVISIONS
6.1 PRtLIMINARY PLAT AND SUBDIVISION VARIANCE S 3-75
(Morissette/Mutley's Addition)
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A request for approval of a preliminary plat of 24 lots L
on a 5.64 acre site, including an 860 ft. cul-de-sac,
located southwest of SW Tigard Ave. and 113th. (Tax Map
151 34DC, tax lots 2500, 2600, 3500 and 3600) .
7. OTHER BUSINESS
8. ADJOURNMENT
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Agenda - 9/2/75 page 2
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MINUTES
Tigard Planning Commission
September 2, 1975
Twality Junior High School - Lecture .Room
14650 S. W. 97th Avenue, Tigard, Oregon
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1. CALL TO ORDER: The meeting was called to order by Chairman
Hartman at 8:05 p.m. •
2. ROLL CALL: Present: Smelser, Hansen, Hartman, Popp, Sakatap Ems
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3. APPROVAL OF MINUTES: August 19, 1975, minutes were not available I
4. COMMUNICAIT1ONS:
Staff introduced Mr. Raymond Ems, newly-appointed member to the
Planning Commission.
5. PUBLIC HEARINGS
5.1 ZONE CHANGE ZC 10-75 (City of Tigard)
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4A request by the City of Tigard for zoning map amendment
to zone recently-annexed •parcelS at SW 98th and Durham Rd. , -
prsently zoned Washington County RU-4 Residential to
Tigard R-7, Single Family Residential (Wash. Co. tax map
2S1 11CB, tax lots 300 and 400) .
A. Staff Report: Read by Powell. Slides of the site were
shown.,
B. Public Testimony: No one testified.
C. Staff Recommendation: Approval on condition that the
provisions of the 1974 conditional use granted to
the Church of Christ by Washington County' be ad-
, hered to by the applicant and enforced by the City
as a part of this zone change. •
- D. Commission Discussion and Action
o Hartman asked staff about the probability of a
to segregation occurring in this areas- making the '
church site too small.
o Staff responded that there was some possibility of .
that due to the lack of site standards for such uses
in a residential zone. Staff pointed out that , ome
control was retained by the Planning Commission .
4 Under proVisions of the minor land partition ordin
and e
o Motion to approve subject to staff recommendation
(80.kotO)
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Seconded (Popp)
o Motion carried (unanimously) . . .
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5.2 CONDITIONAL USE " CU 18-75 (Blomberg/Flea Mart)
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. . A request by Fran Blomberg for permission to operate a flea
mart at 12770 SW:Pacific Highway (old Wigwam store).
A. Staff Report: Read by Powell. Slides were shown. • 1
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B. Publib Testimony: . 4
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- o Mrs. Blomberg testified in her own behalf. She said
that she had .contacted the City and determined that
• _a conditional use permit vAs necessary, but that
before she :could apply, a "fake" inspector came by
the store and told her she need not apply for further
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/ permission from the City.
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C. Staff Recommendation: Aproval on conditions of reduction .
of sign size and redesign.of sign to coordinate with
other signs on the "family" sign standard at the
. , entrance to the shopping area and that no roof sign
be used.
D. Commission Discussion and Action
, o Motion for approval or condition of no roof sign ' I
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o Seconded (Ems) ,
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o Motion carried (unanimously) .
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5.3 CONDITIONAL USE CU 19-75 (Filip/Plant Talk) . .
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A request for permission to operate a plant shop at 215 ,
, . Tigard Plaza.
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A. Staff Report: Read by Powell. A slide was shown.
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B. Public Testimony . . .
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o Mrs. Filip testified in her own behalf, indicating . , -' '
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that-the store was -for retail sale of plants and * ..
. Supplies andthat .they intended to give classes in
indoor plants_and, gardening in the Store also. _
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, . C. Staff Recommendation! ,Approval. ......
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D. Commission Discussion and'Action
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o Motion for approval (PoPP) .
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PC Minutes - September 2, 1975 - page 2
o Seconded (Hansen)
o Motion carried (unanimously)
5.4 PLANNED DEVELOPMENT ZONE REVIEW ZC 2-74 (Hansen-Fletcher
Parsons/Tigard Commercial Office Park)
A request by the City of Tigard for review of the Hansen- .
Fletcher-Parsons Planned Development approved in 1974 at
SW 72nd and Varns for a 9 acre
' commercial office park.
to determine' its present status.
A. Staff Report: Read by Powell.
B. Public Testimony.
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o Mr. Fletcher testified in support of his extension
stating that ecdnomic conditions had forced him to
• delay the start of his project.
. t o Paul Hansen, partner tner of Mr. Fletcher, stated that
they felt the project was a good one and that they �4
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fully intended. to roceed with the project rather I,
than to allow the zoning to revert to the under-
lying zone.
o Mrs. Paul: Warne resident of SW 72nd Avenue,
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indicated she didn't understand that the site had
been changed to an M--4 zone and she felt that if
it was revertedi, it ought to revert to the
g previous
zone, R-7
o Mr. Paul Warner, address same as above, aske"d if
applicant intended to do what he was suppos ed• to
do and if the Planning Commission could force him
to retain the plan for the Planned Development.
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C. Stafrequested Rcommeendatioi That the Commission approve the
° extension. -.
D. Commission. Discussion and Action '
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, s k_ ata asked if an amendment -to the approval could
made this to revert the PD to an R-7 tl
zone should ±he developer ev er _ ,h f
vacate the %D.
o Motion to approve by
ppro�e as recommended h staff (Hansen .-
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o seconded
o Motion. passed (unanimously)
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5.5 VARIANCE . Y 8-75 orssette/11�7a' SW Tigard Ave Ave.Jsetoaok
An application for to allow an 8 ft side yard
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PC Minutes - September 2, 1975 - page 3
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in an R-7 zone.
0 Staff explained that this variance is a part and parcel
of the subdivision issues to be taken up subsequently
by the Commission, that is, agenda item 6.1, Preliminary
Plat and Subdivision Variance, S 3-73 (Morissette/
mutley's Addition) . Staff requested that these three *
items be taken together as a public hearing, but that , V .
th.e three be separated in motions for approval or
denial following the hearing. Staff further stated '}
that it would make recommendations on each of the 3
issues separately,
A. Staff Report;. • Staff presented staff reports on the
zoning variance and preliminary plat and subdivision
' variance. Slides of the site were shown. .
B. Public Testimony
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o Glen McBride Herb Morissette, Developer,
spoke on the features of the subdivision and his.
need for the subdivision variance to allow an over-
g variance to allow a
length 'cu_l--de�sac and zoning
reduced side yard at the entrance to the subdivision. .
o Dick Drinkwater, engineer for the developer, explained
the engineering problems encountered in developing
,an alternative plat eliminating the use of a cul-de
sac.
o Commission cross examination: Members of the Com-
mission asked particular questions of Mr. Drinkwater
concerning access to the pumping station, emergency
access through to 133th Ave. , access to the "Glaubke"
property, the possibility of .obtaining adequate "
water pressure for fireflows at the end of the over-
long cul-de-sac and concerning the side yard. vari-
ance requested for the existing house on Tigard Ave.
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C. Staff .ecotunendation Staff r000mmended tabling of all
three issues to enable the applicant to develop a
subdivision plan speaki: g to the issues brought up
by the Commission and by the staff. ,
D. Commission Discussion and Action.3,
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Smelser he favored denial as tabling would *
b only b this back to the Commission wiitf
only
bring ., , plan
modifications when he felt it needed major*
redesign. `
• o Popp indicated he favored tabling.
Pd Minutes - September •2 1975 - page
1.r
o Hartman indicated agreement with Smelser, but said
he would favor tabling with the provision that a
substantially improved subdivision plan be returned.
o Motion to table for 30 days and requesting the appli- .
cant to return at the meeting of September 16 or
October 7 (Popp).'.
o Seconded (Hansen).
o Motion passes (Smelser against) .
6.2 (AVID) MINOR LAND PARTITION MLP 5-75 (Ken Bowman/13990
SW Hall Boulevard)
A request-for partitioning of a lot at the intersection
of Hall Blvd.
and McDonald St. ,for the purpose of placing .,
a house on a flag lot to the rear of the existing house.
• A. Staff Report: Read by Powell. Slides of the site were
shown.
B. Public Testimony
o Ken Bouman, applicant testified in his own. behalf
and indicatedphis ' desire was to move a house which
he acquired on. Sattler Rd,. onto this site. He
` that a percolation test for septic tank'
approval had not yet been done, but that it would
be done within the week.
C. Staff Recommendation: Approval subject to:
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4 t 1. Dedication` of 20 ft. along Hall Blvd. for a dis-
tance of 230 ft.
2. County Health Dept. approval for septic tank drain
field or provision of sanitary sewer.
D. Commission Discussion and Action
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Moved (Popp) to approve subject to staff conditions.
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o Seconded (Hansen)
o Motion. carried (unanimously) . ,
7, OTHER BUSINESS; None
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8. ADJOURNMENT': 1O i 30 p.m,
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PC Minute$ September 2, 1975 -- page 5 w P
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bSTAFF REPORT
TIGARD PLANNING COMMISSION
a= SEPTEMBER 2, 1975
AGENDA ITEM 5.4
PLANNED DEVELOPMENT, REVIEW
ZC 2-74 °Janson-Fletcher-Parsons/Tigard Commercial Office Park)
A requestbb Y the City for review of an approved planned development as
request
y Code to determine its present status.
STAFF FINDINGS:
1. This project was approved as an M-4 PD by the Planning Commission on
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April 16, 1974 (ZC 2-74) and by the City Council on June 10, 1974.
No development has since occurred.
2. Tigard Code (Ch 18. 56.170), requires that the Planning Commission
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review such a Planned Development is substantial construction has not
taken place in one year. If it is found not to be in the public
interest to extend the approval, the planning commission must recommend
removal of the PD overlay zoning. •
STAFF RECOMMENDATIONS:
To be resented after
p public testimony. •
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ROBERT M. FLETCHER ` �✓ ti
1750 S.W.SKYLINE BLVD. SUITE 12.0
PORTLAND,OREGON 97221 TELEPHONE 292.07.61
August 25, 1975
R c 1v
1f UG 2 G /975
CITY OF TIGARD
City of Tigard Planning Department
P. O. Box 23397.
Tigard, Oregon ' 97223
Attention: Jerry Powell y
Re: S. W. 72nd & Barnes Road Planned Unit.Development
Gentlemen: •
This is to advise you that construction on our proposed office
park complex has been postponed because of general economic
conditions existing at this time.
We do not wish to abandon this planned unit development and
request continuance of the approval of this project.
Sincerely,
FLETCHER, FANS & PARSONS
J /J
L.o,ert M. F etc er
RMF:pld
Cc Paul G Hansen
John Parsons
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AFFIDAVIT OF PUBLICATIM . f 4,,illow-1,;‘,14i,:migsion:-A.g.et,,ri,,.. A
otic_el , gee"7„e' !iitii''''* gtk` 'j,01 #::
COUNTY OF WASHINGTON, .
1 s E p 2 197 5 til.mar.,.Inttrii,•." .b4:clitt.itin.,4-11;1P141:eliti)!I,4'.1,,:)&kii'''''' "11,,,'?:
t3Ourtio,0 ii„,-4,§PACWAN WA.A,-,', ,, ,
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4: . tEt.v;,%.,..1,,,e ,..s, '.! I 1$1,1, 1 v.I. iP
. being first duly sworn, depose and say that I am the publisher , . . nlifw,in arnelitimerin" t.•on '"t., 1 ..
, .......-- of The Tigard Times, a newspaper of general circulation, as defined birrhakill'itpdaj,plAelitiezZadi Vies, .§',.',,
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and .:e4a14.42a6lit''.citr,,,.20114Vagattila"'i.V, ,`,$
state; that the legal notice, a,printed copy of vvhich is hereto annexed, was -11CD;tax,lots,300A 400.5U8S-74Rif • .'„,
published ia the entire issue of said neWspaper for ___.1.............. successive and s,anisiton'Icrtp'eratelt a%iipA'irtarket,a 1 ,
;:ANS:41alig t:',AitiCgf Or r'2:1:4%1111nt;:g11;11 4''''0'"nt;.:'':'4.-1
_____________AJI_ARS__t______121+ ..1.9_71________ i:iipi,p,,2s.1.:?}404400A-000,0,. .,,li ,
Snbscribed and ssirorn to before me this ..........---29..±_h..--, day of ----** V,,i'refille...s 0.tsf ecOtt 0**f garfi fo,'F: ..,
.1 AlizUS t 75
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June 12, 1974
rletcher l Hansen & Parsons
1150 S.Wo Skyline, at it a 10 y„
ParU an 1, Oregon, 97221
Attention: Robert M. Vletcher
Res Rezoning Application from
R-7 to M-4, Xnd.ue&rat {:
Park Zone
Dear Mt. F1ech :
. .. .�� Tigard �� � ` ��u�c�� a � ��e�� �egu��� ���arg
auhe
1Q r 1974( approved your app :0a t on for re onIncj the
above property from R.,7 to M-4# Industrial Park zone.
X aM enclosing fax your recar 5 a copy a ordinance'.
and if X may be of further Ass S tares to yoll on this
Matter, please feel free tO oall 04 MO.
S lnrerely
Dons liartig
City Rodor er
eito
dx
., _. . i .,,.-. ,• ..., i ,,.r. i rt:,f,l21 •vi^:4'tP, t _.1,s4 .-:,A!.d ,•.,r:0'i..Y.iM tNut+f.,.
r ' <
(a) Second reading of ornance„
• (b) Motion to adopt: Councilman Cook; seconded by Councilman Paterson,
/ Approved by majority vote of Council, Roll call of vote as follows: Council-
man Cook, AYE; Councilman Moore, NAY; Councilman Norton, NAY; Councilman
•,, Paterson, AYE; Mayor Bergmann, AYE,
8,, ORDINANCE No, 74'=28 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO APPLICATION
OF FLETCHER, HANSEN AND PARSONS FOR CHANGE OF ZONE
CLASSIFICATION FROM R-7 RESIDENTIAL TO M«fl4 INDUSTRIAL
PARK ZONE WITH ADDITIONAL FINDINGS WITH RESPECT TO COMPANIONATE
REQUEST FOR APPROVAL AND AUTHORIZATION FOR USE OF SAID LANDS
AS A PLANNED DEVELOPMENT DISTRICT PROJECT PURSUANT TO CHAPTER
18,56, TIGARD MUNICIPAL CODE, WITH RESPECT TO TAX LOT 900
251 ID, GRANTING ZONE CHANGE AND AUTHORIZING PLANNED
DEVELOPMENT DISTRICT PROGRAM, AND FIXING AN EFFECTIVE DATE,
(a) Second reading of ordinance,,
(b) Motion to adopt: Councilman Paterson; seconded by Councilman Norton.
Approved by majority vote of Council. Roll call Of vote as follows:
Councilman Cools, AYE; Councilman Moore, NAY; Councilman Norton, AYE;
Councilman Paterson, AYE; Mayor Bergmann, AYE,
9, GARBAGE AND TRASH FRANCHISE RATES
(a) 8:00 P„M, Public Hearing
Na Testimony
Public Hearing Closed
(b) or s the 3 franchised haulers h supplied staff
with information reg ardin costs request arate ateincreas from 42.25
per •
one can for ohe month for one pickup per week to 43,25, Councilman Norton
requested staff to study entire rate structure and supply appropriate in-
,
formation for next study session. Councilman Norton proposed a rate of
$3r00e
• . 1.0.1, SEWER IMPROVEMENT DISTRICT FOR SnW, MURDOCK STREET L„I,D,
(a) 8400 P Mn Public Hearing
Those who testified'
Jim Geltt, 9680 S.W, Murdock Street
Brent Reber, 9720 S.W, Murdock Street
Public Hearing Closed
(b) Motion by Councilman Norton to prepare necessary documents for bid opening,
to be Scheduled for July 12, 1974; seconded by Councilman Cooke
• Approved by Unanl.nous vote of Council,
' 110 PROPOSED A-ENDMENTTTOATIPARK MUNICIPAL CODE; CHAPTER 18452020, TO ALLOW RETAIL
(a) 8:60 P.M.: Public Heating
No Testimony
Public 401.4 Closed
., PAGE 2 COUNCIL MINUTES JUNE 10, 1974
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CITY OF TIGARD, OREGON ti$444 )
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•
ORDINANCE NO. 74 - ,2!..e, VILJD .
.. AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO APPLICATION Or
YLETCHER, HANSEN AND PARSONS FOR CHANCE OF ZONE CLASSIFICATION
FROM R-7 RESIDENTIAL TO M-4 INDUSTRIAL PARK ZONE WITH ADDITIONAL
• FINDINGS WITH RESPECT TO COMPANIONATE REQUEST FOR APPROVAL AND ,.
AUTHORIZATION FOR USE OF SAID LANDS AS A PLANNED DEVELOPMENT
DISTRICT PROJECT PURSUANT TO CHAPTER 18.56, TIGARD MUNICIPAL
CODE, WITH PESPE.CT TO TAX LOT 900 251 1D, GRANTING ZONE CHANGE
AND AUTHORIZING PLANNED DEVELOPMENT DISTRICT PROGRAM, AND
FIXING AN EFFECTIVE DATE.
,..
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
... Section 1: The Council finds that the lands hereinafter described
have heretofore been and are now classified R-7 (Sine
Family Residential) pu7stlant to the zoning ordinances of the City
of Tigard.
. .
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pection 2: The Council further finds that pursuant to prescribed
,
procedures, application for chance of zone of said
. . lands from R-7 (lesidential) to M-4 (Industrial Park Zone) and for
companionate planned development treatment was the subject of a .
• public hearing held by tl?e Planning Commission on
• and the Commission has heretofore filed its reporT-with the City
., Recorder, copy whereof is hereto attached and by reference made a
,
IF - .part hereof, recommending approval of the application,
• no.otion 3: The Council further finds that after due and legal notice
a public hearing was held on _±11!1_1.3L).974 ,) before
an impartial council, and that at said hearinfithe applicant and eli
interested parties were afforded an opportunity to be heard and to
• present and rebut evidence with respect to said application.
, .
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Section 4: Sased on the evidence both oral and documentary and
................_
the record of said hearing before the City Council,
the Council makes the following findings:
. . 1
(a) That the comprehensive plan entitled "Tigard Community
Plan" includes Tax tot 900 281 11) as a part of a larger area desir-
hated for M-4, Industrial Park Zone, and the granting of ePPlicAntml
,. request is therefore compatible .41.th the comprehensive plan, The
.,. .
evidence further shows that the existing H.-7„, Sintlle Family Hesidon-
. ti.al, classification of said tract is not now justifiable or realistic
in that substantial changes have occurred in the neighborhood, inalud-
inpl the adjacent new Highway 11217 and private development East end
South of the subject tract, which render the subject site ill adapted
to residential putloses.
..y (b) That the change of pre-existing land use classification
• 1i-7 to M-4, industrial Park, is consistont with the public need for
-4 Industrial Park lands in the Tigard community to provide for
orderly and prgzressive growth of activities permissible in an
, 11-4 zone, and that the integration of the subject tract into the
M-• Zone Will permit the use of said property for purposes hermon-
ious with the general surroundings
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Paco 1 - OHDINANO8 NO6 74 - Al__
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(c) The Couneil further rinds that the granting of
application, and change of zone sought subject to the requirements .. .,
hereinafter set forth will not unduly bixrden the nearby residential
,
area nor have an undesirable impact on the locality,
. .1
(d) That public oervieeo, including water, oewer, electric
'...y
energy and gas Are readily available to the ciubject site and that
the site is closely contiguous to Oregon State highway #2I7 and
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. readily accessible via the 8, w, 72nd Avenue interchange,
, .
(d) That it is consistent with the public interest to
(
authorize the use of said tract as a planned development project
pursuant to Chapter 18,56 of the Tigard Municipal Code thereby
to asoure that esthetic considerations and public interest values
will be accentuated,
. .
(f) That the proposals of the applieants with respect to
dedication of additional right of way, construction of .public Im-
provements, Making proviolon for storm drainage and providing for .,
•
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common areas under the jurisdiction oP a property owner0 asoocia-
tion, landocaping development arid construction of sidewalks and ..
curbo, and other amenities, all as hereinafter set forth under .
Special Conditions, will enhance the acceptability of the planned
. , development concept as a part of the integrated development program
. .
: . for the locality.
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Sectioh 5! That the use ciaooiridation of applicants lends as
deocribed, on the attached rilxhibit "t", by this refer- ..
once made a part hereof, being Tax Lot 900 251 11), as hereinabove 's
referred, be arid the came is hereby changed from the present fl-7,
• 8i11810 ramify Residential Zone, to M-4, Industrial Park Zone,
and for companionate planned development treatment, and the Use
, -
henceforth of said property hall be limited to, consistent with
and subject to all requirements of the M-4 toning ciaooifidation as
bow or hereafter prescribed by the Tiara Municipal Code, and further
Subject to the requirements of this Ordinances
, Section 60 That the applicants' companionate requeot for planned
•.s.
- development district approval pursuant to Chapter 18,56
of the Tigard Municipal Code in the M-4 Industrial Park ono as
. embodied in or exhibited by the planned development documents
oubmitted by the applicants and hereto attached and identified as
follows is hereby approved!
•
Itxhibit "A" - Traffic Plan
txhibit "8" - Site Plan
Exhibit "0" - Landscaping Plan
Exhibit "D" - Utilities Plan
Exhibit "t" - General Dtvelopmdht PLO & PrOktaln
. and each of the foregoing is hereby made a part hereof, an the de- d
velopment and use' of said land shall proceed consistent therewith 1
and subject to each arid all requirements of Chapter 18,56$ Ticard
Municipal ode and subject to the further requirements and, condi-
y
, tions: i
, 1. ,
(a) The property owner(s) shall dedicate to the .,
. . public 10 feet of additional right-of-way parallel 8, W, ,
72nd Avenue and adjacent the subject site
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Pao. 2 - ORDNANCE MO, 74 ,,, JIL__
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. (b) The property owner(s) shall construct a half
-, street improvement, said improvement plans shall generally
....,,,p. follow the recommendations of the applicant's submitted
,i' traffic circulation study, and shall be approved by the
Washington County Department of Public Wortsaid traffic
,•
, circulation study is eonta;ned within Exhibit "E" (IA desetibed hetein, '
(c) The property owner(s) shall agree to participate
. '
Si n a local improvement district for the purpose of improv-
.. -- i ing S. W. Varns Street to City . local street standarda,
., said agreement shall be executed as a recordable covenant
running with the land,
-
. ,,.. (d) The storm drainage plan of the site shall be ,
subject to the approval of the City or Tir!Ard and the .
..
Washington County Public Works Departm,ntv.
1 (0) The property owner(s) shall -1, 11, for review
and approval of the City Attorney; a dra4 -,P a Property _
Owners Association agreement to be used if lote ownerallp
of the buildings is divided, said agreement to define the
responsibility for common area maintenance and to assure
. access to each building. ,. ..
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. . (f) 'Prior to the issuance of buildini,„ permits for
t ,. each phase of construction) the property ouner(s) shall .
•
. submit to the City planning staff for review arid approval
. .
. , a detailed landscape plan for each construction phase
Said landscape plan shall describe the size; location;
and spaling of plant materials and how Said plant materials
, • are tO be maintained,. '
•
(g) The property owner(s) shall construct a sidewalk;
. .
• with storm drainage facilities necessary to enable constrUe-
tion or a sidewalk Ni the westerly side oP 8. W. 72nd Ave-
, nue from S. W. Varies Street to S. W, Cherry Street for the
— ,
purpose of public, transportation. Construction plans for
said sidewalk and necessary storm drainage facilities shall
. , be subject to the approval of the City and County Public
'.. Works departments. Said sidewalks and necessary storm
. , drainage facilities shall be completed within six months
from the date of issuance of any building permit for the
subject project,
(h) The property owner(s) shall provide curbs between
: - all landacaped areas and parking lots.
•,
Scution It Whis Ordinanoe shall become effective on the 31st day
•* ,',; I after its passage by the Council and approval by the
Mayer,
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._
. PASStD!
By &ell iglill'A-vote of all Council members present; after
being read three times by number and title only this
j_,o
'ecth day of qict,y,----19711,
4 Reeor er - City liigar,
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a , ,,,.., ..•..,.
APPROVtDt 8y the Mayors this th day of- Gyi4-1974,
, ..,,, - 0 4,,,,,t ,y „ • „„ ,.. .
', • .
city/of 1.gard
. Pags 8 .,,. OnDINANOg NO. 74
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;. EXHIb1'T'°'," .
That portion of,land in Section 1, Township 2 South, Range 1 West, Willamette ,
Meridian, Washington County, Oregon, being more particularly described as
followa s ,
,
Lots and 2, 2R .' � � Cny, o �g , SAVE EXCEPT that
f
po itionof Lot conveyed to the StateofOre g nbydeed recorde in Book 599'; I
Pa 6 a 93,
Film tecordg of Washington Count y, Oregon. ,,
7.
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CAMPBELL-YOST,K ; RUBE & PARTNERS : Y u ;" 1974 -
ARCHITECTS PLANNERS
2040 S.W.Jefferson Street Portland,Orrittr.416i08 TIGARD
TRANSMITTAL
Date, ',AA-I-. 19 74- Project No. 6''°7.
Project s.-<�—Y. .ar+. -. . ',, ��-
Address t y D 1/,�. r-� �� .� .- .,� �-r,� ►�„
t-..I: :
We are sending the following material herewith Xi Under separate cover
By messenger R.
No of Set Sheet
Copies Description of Item or Doc, No. Dated Actlort Requested
•
Sent by
Our messenger Your messenger El
Mall o Express
Other
{;id4
P
(1) The property owner(s) shall dedicate the public 10 feet of
. additional additional right-of-way parallel to S.W. 72nd Avenue and adjacent
the subject site.
(2) The property owner shall agree to participate in a local improvement
distri't for the purpose of improving S.W. 72nd Avenue to City Collector
street ;standards, said agreement shalljbe executed as a recordable
covenent running with the lend.
(3) A storm drainage plan of any future development on the subject site shall
be subject to the approval of the City Public Works Department.
(d) Motion by Councilman Cook the request be allowed with conditions as
recommended by staff and that an appropriate ordinance be prepared for
next Council meeting; motion seconded by Councilman Paterson,
Approved by 3-2 vote of Council.. Roll call of vote as follows; Councilman
Cook AYE; Councilman Moore, NAY; Councilman•Patersonj AYE; Councilman Norton, •
NAY; Mayor Bergmann, AYE,
11. ZONE CHANGE APPLICATION - City of Tigard
f y
Request by City of Tigard to change an existing County RU-4, Urban Residential
District to City R-7, Single Family Residential zone in a newly annexed area,
Property is located at 10865 S.W. 95th Avenue, (Tax Map 1S1 350A, Tax Lot 203)4
Application approved by the Planning Commission.
(a) 8:00 P6M, Public Hearing
City Planner noted Planning Commission's recommendation to approve the
zone change from County zoning to City zoning.
No Testimony a Public Hearing Closed,
(b) Motion by Councilman Norton to approve legislative zone change and direct
staff to prepare an appropriate ordinance; seconded by Councilman Monte.
Approved by unanimous vote of Council.
126 ZONE CHANGE APPLICATION - Fletcher, Hansen and Parsons
}
Request by Fletcher, Hansen and Parsons to change. from R'7, Single Family Residerntial
zone to M-4 Industrial Park zone and P.b Planned Development District zone. Property
is located a'1, B.Eb corner of S.W. 72nd hnd S,W. Verne street,
Tax Lot 900), Application approved by Planning. Commission.
(a) 8:00 P.M. Public Nearing
CCi nd s under consideration.
(b) Testimony by Proponents
Robert Fletcher, 834 S.W. Westwood Drive, can behalf of applicant.
Mr. Puderbaugh, Architect
Jack Stevens, leasing agent for Norris and Stevens, Real Estate
H. C. Metzger, 13265 S..W, 72nd Avenue
Cross Examination
Councilman Cook
Testimony by Opponents
Mrs. Paul Warner, 13515 Sage 72nd Avenue
Pony Makaym, .13565 S.W'. %1nd Avenue
itebu tbal
1 Robert Flectcher
PACE 3 COUNCIL MINUTES NM 13, 1974
•
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Cross Examination
Mayor Bergmann
Councilman Paterson
Councilman Cook
Public Hearing Closed
Council considered testimony and City Planner recommended, if Council approved
the application) it be subject to the following conditions:
1. The property owner(s) shall dedicate to the public 10 feet of additional
right-of-way parallel S.W. 72nd. Avenue and adjacent the subject site.
2. The property owner(s) shall construct a half street improvement, said
improvement plans shah.] generally follow the recommendations of the
applicant's submitted traffic circulation study, and shall be approved
by the Washington County Department of Public Works.
3. The property owner(s) shall agree to participate in a local improvement
district for the purpose of improving S.W. Varns Street to City Collector
street standards, said agreement shall be executed as a recordable
covenant running with the lands.
4 The storm drainage plan of the site shall be subject to the approval
of the City of Tigard and the Washington County Public Works Departments,
5, The property owners) shall submit fot review and approval of the City
Attorney, a draft of a Property Owners Association agreement to be used
if the ownership of the buildings is divided, said agreement to define the
responsibility for common area maintenance and to assure access to each
building.
b. Prior to the issuance of building permits for each phase of construction,
the property owner(s) shall submit to the City planning staff for.review
and approval a detailed landscape plan for each construction phase. Said
landscape plan shall describe the size, location; and spacing of plant.
materials and how said plant materials are to be maintained.
7. The property owner(s) shall construct a sidewalks with storm drainage
facilities, necessary to enable construction of a sidewalk on the westerly
side Cf S.W. 72nd Avenue from S.W. Varns Street to S.W. Cherry Street for
the purpose aCpublic transportation. Construction plans for said sidewalk
of the City ynd ormtit drainage facilities shall be subject to the approval
and necessary dtCom dyaPublic Works departments. Said sidewalks and
necessary storm drainage facilities shall be completed within six months
from the date of issuance of any building permit for the subject project.
8. The property owner(s) shall provide curbs between all landscaped areas
and parking lots.
Council and staff discussed the storm drainage problem as well as proper
location It concensus of he Council the sidewalk
Avenue .
(c) Motion by Councilman Paterson to approve application subject to amended
conditions and instruct staff to prepare appropriate ordinance, seconded by
Councilman Norton,
Councilman Cooks AYE ;lCouncilman Moore4 NAY;1Councilman o Norton, AYE;
Motion approved
Councilman Paterson, AYE; Mayor bergmanrr, AYB.
Access 1000 P.M. . Meeting reconvened 10.35 P.M.
PAdE 4 - COUNCIL MINUTES ti MAY 13) 1974
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MEMORANDUM
• May 9, 1974
TO: Tigard City Council
FROM: Tigard Planning Commission
SUBJECT: Action of Planning Commiss±on regarding ZC 7-74,
property locted at 13775 S.W. 72nd Ave. and owned
by Andersen and Fought. (Tax Map 251 10C , Tax
lot 800)
• 4
The Planning Commission at an April 160 1974 public hearing
took action to recommend denial of a requested zone change
from an R-7, Single Family Residential zone to an M-4,
• Industrial Park zone,
• Please note the attached documents for your references.
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aon moved to app.v.uu ,e r e quested
zone changes based upon the fact that
applicants had meL the burden of proof
required by "Fasano" and to include the
.,
staff recommended conditions with the
change that
the easterly sidewalk
be deleted and that the westerly sidewalk
extend from Varna Street to Cherry Street.
The completion time for this sidewalk be
six months from The time of issuance of
,
a building permit. In addibion the site 1
obscuring fence shall also be deleted as a.
condition. Barkhurst seconded the motion P
and it passed by unanimous vote of the I \
members present.
4.2 ZC 7-74 (Andersen & Fought
/ 11 '
Irt
A request by H.A. Andersen and Joseph M. Fought to f
■ {
change an existing R-7, Single Family Residential
zone to an M-4, Industrial Park zone. The subject . I
property comprises 1. 72 acres and is located on the I
northwestern quadranb of the intersection of S.W.
(
72nd Avenue and S.W. 74th Aveneu (Tax Map 2S1 1DC,
Tax Lot 800) 1 ^.
Staff Findings I
il 4 It
A. Brooks presented the staff findIngs relevant
.
to this case.
Testimony & Cross Examination I .
A. Proponents
1. Arlan Andersen, spoke for the applicant 1
. 1 ,
stating that this zone change is necessary
to enable the logical development of this
l'
entire portion of industrial land from 72nd
Avenue back to the railroad 'track. He said i
that no impacts would be created for the
residenbial area to the north and that a SO
foot wide landscape buffer is being proposed, ,
. I
The rezoning is proper because it conforms
*
with the Tigard Community Plan and the
adjacent land use and zoning. p
B. questions
l. Nickelson asked if a tire retreading operation
were still being considered for this site. ,
2. Mr. Andersen replied that a tire retreading
plant is not allowed in an M-4 zone and f
i, such a project is not being considered for
this site.
Page 5-Minutes - 446-74
_ I
3. * Nickelson asked thhat type df use is being
considered.
• 4. Mr. Andersen stated that no specific use is
being considered at the present time, but the
app'.,icant intends on developiog the property
according to the permitted uses in the M-4
zone. He stated that he had a conversation
with the staff concerning an application which
did not propose a specific use and the staff
had determined after talking with the City
Attorney it is not necessary for an application
to include a specific use.
5. Fred Anderson , the City Attorney, replied
that it is proper to rezone where it is
conformance with the comprehensive plan and
as a result of a current and up to date plan
the proofs are not as considerable. Eithet'
the City or property owner can initiate a
rezoning to bring the zoning in to conformance
• with the comprehensive plan. Fred Anderson
then warned the Planning Commission not to
rely too heavily on specific proposals and to
consider all the uses whicn may be allowed in
• the zone being requested.
Opponents
A. Tony Maxim of S.W. 72nd Avenue, said that the
applicants intention to vacate S.W. 74th Street
to allow development of this property would be
1 detrimental to public safety in that it would
not allow adequate fire protection for the
industrial property to the rear.
Staff Recommendation
A. Brooks recommended tabling of this request to
the next meeting because the applicant had not
properly demonstrated the burden of proof required
by IlFasarioli even though the subject site is
• shown for industrial use on the Trd Communitx
mon
Plan.
Commission Discussion and Action
A. Barkhurst said he would like to see a traffic
circulation study done for the site because there
is a question as to how access should be gained
to this property.
B. Sakaba said shed_i_.......idnotfeelthi.....applicanthad
• Met the burden of proof required by "rasano"
for rezoning.
Page 6 - Minutes - 4-16-74
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C. Whittaker said outright M-4 zone is not
appropriate on this site and this zone
change and the proper location of a street
should be considered with a specific proposal
and a request for a combination M-4, P-D zone
change.
D. Mickelson moved to deny the request based
upon the finding that the applicant had
not met the burden of proof as required
by "Fasano" Barkhurst seconded the motion
ani1 the motion passed by a majority vote
with Hansen voting nay.
4. 3 ZC 6 .74 (Manning)
A request the City of Tigard to change an existing
r; existing
b
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County RU 4,, Urban Residential District to a City, fit
R-7, Single Family Residential zone in a newly annexed
area Subject property comprises .39 acres and is
located at 10865 S.W. 95th Avenue (Tax Map 151 35CA,
Tax Lot 203)
Staff Findings � 9
A, Brooks presented the staff findings re1evan
to this cases
Testimony and Cross Examination 1'
yi
A. Proponents
1. No one appeared in support of this request.
B. Opponents
1b No one appeared in opposition to this request.
Staff Recommendation
A.
Staff recommended approval of the Cjty a s request
to change the existing zoning clasuification from
RU-4, Urban Residential District to a City R-7,
single Family Residential zone,
Commission Discussion and Action 3;
A. Bsrkhurst roved to
approve the requested change
based upon the staff findings. Nickelson seconded ry
the motion and the motion passed by Unanimous !'
vote of the members present f1
S. PUBLIC HEARING - Street Uadaation
5.1 M 5-74 Street vacation - S*W0 74th Avenue south of
S.W. Cherry Street and west of S0W. 72nd Avenue
Page 7 - Minutes - 4-16-74
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TIGARD PLANNING COMMISSION
1 Staff Report
April 16, 1974
Agenda Item 4.2
zC 7-74 (Anderson & Fought)
.
A Zoth &
For pr'operty located at the northwestern quadrant of the intersection of S.W.
72nd Avenue and S.W. 74th Avenue and comprising 1.72 acres. (Tax Map 2S1 l.DC,
Tax Got 800).
M` Appii giant
•
c H A. Andersen & Joseph M. Fought
r l i ca nt's Request '
Approval of a change in zoning classification from an existing R-7, Single
Family Residential zone to an M-4, industrial Park Zone.
A1.can1t's Proposal
To construct a combined tire retreading plant, warehouse & office facility.
Staff Fa n__inks
I,
I. See attached map for existing land use and zoning patterns.
2 See attached applicants Fasano response. Applicant has stated he will
submit revised response.
3. The subject site is currently vacant.
, ; 4. The Tigard Cotnrnu n,ity Plan designates the subject site as General
,` industrial, said. Plan stating this category is intended to consider
' the following goals:
a To provide locations for a wide range of industrial uses that are
compatible with cne another.
b. To protect land designated for industry from encroachment by uses
which are not compatible.
c. To encourage the location of industry that will provide employment
and that will broaden the tax base of the community.
Policies and Standards of the General Industrial category are stated;
as follows:
a Hse of planned Unit development procedures l s encouraged' in order to
better relate industrial development with adjoining uses.
bw The planning commission will review the site plan of each proposed
development, as provided in the Zoning ordinance, in order to
4 ' ` Staff Report r. -2- April 16, 1574 r'
Agenda Item 4.2 ZC 7--74
evaluate the compatibility of vehicular access, signs, lighting,
building placement and designs, and landscaping with adjoining
uses, both existing and proposed
c. Development will coincide with the provision of public streets, water
and sewerage facilities. These facilities shall be (a) capable of
adequately serving all intervening properties as well as the proposed
development, and (b) designed to meet city or county standards.
5. The applicant has not submitted a response to the "Fasano Guidelines"
adequate to allow staff review. The applicant has not submitted sufficient
evidence in favor of his requested zone change. ."
6. Sight distance is severly restricted related to site_access and egress
from S.N. 72nd Avenue. There is a danger to public safety if development
occurs on the subject site Sight distance is limited by a hump in the
grade of S.W. 72nd north of the subject site and by a sharp curve and
bank to the south. It is currently difficult to egss from the
subject site with assurance that such egress is safe. Visibility to the
north and south of a safe exit. an existing motorist little chance
to
assess the chances s� , Left turns into the proposed site
are also hazardous because of restricted sight distance around the north-
bound curve and the narrowness of the road. The existing paving width of
S.W. 72nd Avenue is 20 feet. S.W. 72nd currently carries approximately
4400 vehicles per day at SJW Varns Street.
Oregon Revised Statutes, Section 227:240 states that zoning ordinances
"shall be designed to promote the public health, safety and general
welfareC1 and further slates. that zoning ordinances shall also be
"designed to secure safety from fire and other dangers and to promote
the public health and welfare..."
Section 18.44.020 (9), Tigard nxp Code, states purpose
of Title 18 (TMC) is to "provide public health, safety, convenience
and
. general welfare in general.
7. Tire retreading a conditional use in a C-3, General Commercial zone
and is neither a permitted or conditional use in an Mm4 industrial Park
zone, Warehousing is a conditional use and offices are a permitted use
in an rM-4, Indus trial. Park zone.
8. The subject site is adjacent a" single family residential neighborhood,
Considering the "General Industrial" designation of the T` ard Community
Plan, the Nr M 4, Industrial park gone i s the zone most compatible with
residential development, If the requested zone change is approved,
care should be taken to protect the residential environment and residential
property values, The buffeting between uses becomes increasin lY y important
as the differences between uses increase in nature and intensity. The
applicant has not stated if the proposed use will have an adverse
impact upon the adjacent cotitmunity
Staff Rec oinrnenda tion
Staff wishes to withhold a formal recommendation until the applicant addresses
the "Fasano Guidelinesii.
' ,.icw.i.n. .r u,p,., rnMiT,B!'+✓y u,
MEMORANDUM
May 9, 1974
TO: Tigard City Council
FROM: Tigard Planning Commission
SUBJECT: Recommendation to Council concerning ZC 4-74,
a request by Fletcher, Hansen and Parsons to
change an existing R-70 Single Family Residential
zone to an P-D Industrial Park zone and
Planned Development District. Subject site is
located at the southeast corner of S.W. 72nd Ave.
and S.W. Varns Street, comprising 9.36 acres.
(Tx Map 231 1D, Tax Lot 900)
The Planning Commission at an April 16 , 1974 puhLic hearing
took action to recommend approval of a zone change on the
subject parcel from R-7, Single Family Residential to an
M-4, P-0 Industrial Park zone and Planned Development District
• subject to the following conditions :
•
1. The property owner (s) shall dedicate to the pwblic 10 feet
• of additional right-of-way parallel S.W. 72nd Avenue and
adjacent the subject site.
• 2. The property owner (s) shall construct a half street im.-
provement, said improvement plans shall generally follow
the recommendations of the applicant' s submitted traffic
circulation study, and shall be approved by the Washington
County Department of Public Works.
3. The property owner (a) shall agree to participate_ in
a local improvement district for the purpose of improving
S.W. Varns St. , said agreement shall be executed as a
recordable covenant running with the land.
4. The storm drainage plan of the site shall be subject
to the approval of the City of Tigard and the Washington
County Public Works Departments.
S. The property owner (s) shall submit for review and approval
of the City Attorney, a draft of a Property Owners Association
agreement to be used if the ownership of the buildings
is divided, said agreement to define the responsibility for
• common area maintenance and to assure access to each building.
6. Prior to the issuance of building permits for each phase
of construction, the property owner (a) ohAll submit to the
City planning staff for review and approval a detailed
• landscape plan for each construction phase. Said land-
• scope plan shall describe the size, location, and spacing
of plant materials and how said plant materials are to
be maintained,
•
•
7
Marna Page 2
Tigard City Council(,t,,,,, ki.„ May 9, 1974
7. The property owner (s) shall construct a sidewalk on
the westerly side of S.W. 72nd Avenue, from S.W. Verne
Street to S.W. Cherry Street, for the prupose of public
transportation and that said sidewalk shall be completed
within six months from the date of issuance of the
building permit for the subject project.
8. The property owner (s) shall provide curbs between all
landscaped areas and parking lots.
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CITY Or TIOARD ,.
, NOTICE OF PUBZIC REARINO
. , .1_
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. Notice is he th
reby given at a Public Heatin wi
g ll be hdla by th
,.. , City Council at Tigard Elementary and High School Administrative ..
-; ',' Office* 13137 S‘W. Pacific Highway* Tigard, orogoh, on may 130
. , 1974 at 800 P.M. with respect to the eollovimv:
...t ZONE CHANGE' APPLICATIONS •
. ReqUest by rletcher# Hansen and ParSons to change from R-70
.
, Single rurally Residential gorio to mi..4, industrial park gono
. .
And P-Do. Planned DevclopMent bistrot zone. property is
. • '1'.1.;:i
, located at g.t. corner of S.W. 72nd Ave. an0. SW. Varns St.
(Tax Map 2S1 1D0 Tax Lot 900.)
Request by city of Tigard to change an existing County AU-41
...* urban Resi46nti1 District to City R70 Single ramily
,
Pesidential Zone in a newly annexed area. PropertY is
loodted dt 106'65 SW. 95th Ave. (Tax Nap 1S1* 3SA0 Tax Lot
203.)
..,.,,
Appitim Or',,plawN,INg CoMt4ISS,ION, ACTION, - ZONE CHANGE
. rtectaest by H.A. Andersen and Joseph, M. rought to ob,ango from
-70 Single ramily Residential zone to M-4* Xoduotrial (lark L
,
zdhe. ProPertY ie leeetea et the WoW, quadrant of intersectiOn *
• ..f.' of S.q. 72nd And. S.W. 74th. (Thu ,Map 261 IDA* Lt Lot 800.) ,
All interested persona may appear and be had, ih favor of or
against the Said proposal4
EV' ORDER Or T1 CITY COUNCIL
:..'.' Doris Hartig ,
City RacOrder
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TT publish Male 2* 9 1974
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'11.1.11"...""mmillmiliii='2=2611641123123221121142malaill"1111111111111111MP"111111111111111111111111.11.1.1.1111101611-
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'Alan s
e Paget , s
Alan A. Paget, SREA, MM Post Office Box 741
Realtor Lake Oswego, Oregon 97034
(503) 636-7011
May 8, 1974
Mr. Louis J. Fasano
Lovett, Stiner & Fasano
1015 Oregon National Building
610 S. W. Alder 'Street
•
Portland, Oregon 97205
•
Dear Mr. Fasano:
As you requested, I have inspected the Andersen-Fought property
located on S. W. 72nd. Avenue in Tigard, Oregon.
Subject site is described for tax purposes as
• t
231, Sec. 1 DC; TL 800
' County of Washington
State of Oregon
.
after inspecting
ins ectin sub
ri ect property and the surrounding neighbor-
hood it is my opinion that this approximate 1.7 acre site shoul
d , .
be zoned M-4. It is P resently zone R-7.
This opinion Is based on two aspects:
1. ri'hat aJltb j ect site 1.y 5 located. . . adjacent to presently zoned
.`
M-4 property and surrounded on three sides by sites zoned
for industrial Use.
2. By..... rezonin this R-7 site for industrial use , it would
• m lmentgthe area presently zoned industrial and other
properties in transition� p ,pi from residential to industrial
or commercial, in this industrial-commercial complex of
Tigard
property m a appraisal standpoint the { Highest and $e st r� use of a
.&' . use which will bring the greatest
., e co
nomic
t , to• same : Sub j ect falls within th is cate gory: T The
; i
typical purchaser would not buy this site for residential se .
•
°may`
•
• f'
•
•
w Alan A. Paget`,anti ASSaclatC3 • Post Office Box 741 LakeVswegc5, Oregon 9703
. r
• Mr. Louis J.. Fasano
..�
. Page (2)
, May 8, 1974
Subject contains an improvement of no value. The next two adj-
acent residential properties are minimum standard. They would
benefit value wise from our M-4 zone . The resident property at
the corner of 72nd. and Cherry Street is of better quality and
'1 compliments the new residential development on Cherry Street.
This property would not suffer from a zone change
The fact that the
• raw residential development in Living Hills
No. 2 backs up to the entire M-4 zone area supports this fact.
There is no indication that property values would decrease ,
and it has been my experience that when a well planned indust-
rial and or commercial park (such as the Tigard Industrial Park)
is established in a residential area, the surrounding property
s . values increase with time . This evidence is based on similar
studies in, the Tigard, Lake Oswego, Milwaukie and Beaverton
areas and from talking to knowledgeable Commercial real estate
people in the field.
'
Mn point ; out. to the M-3 and
One other oznt should be brought out Access t
. ' . Products p, y;
�. area to the Circle A W roducts C�om an, site is ,t,
y ; poor. The only present access is on the curve and hill at
this point on S. W. 72nd. Avenue . If subject site were zoned
M-4 a better and safer ingress and egress could be developed
to the entire area through subject property.
If I can be of any further assistance in this matter, please
do not hesitate to call upon me
Very Truly Yours,
er
' Alan A. Paget & Assoc�.ate;
•
•
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e x
LSREAAnAPadetJJ I
,,
• , Alan A. Paget and Associates Post Office Box 741 Lake Oswego, Oregon 97034
;..
QUALIFICATIONS OF AP.PRAISER,
ADVANCED EDUCATION
Graduate - University of Oregon, School of Business Administration - 1948
EXPERIENCE
Real Estate Salesman - 1949
•
Title Examinee, 1950 - Title & Trust Company, Portland, Oregon
Residential real estate appraiser for three years with the Paget Securities
Company.
Staff appraiser for three years for the Federal Housing Administration,
Portland, Oregon
Independent fee appraiser since 1957
• ; MEMBERSHIPS
REALTOR - and licensed Oregon real estate broker since 1953
SRA - designation - 1961
MAI - designation - 1963
PRESIDENT - Oregon Chapter, American Institute of Real Estate Appraisers -
1.969
SREA - designation - 1970. One of eight in State of Oregon,
Lioensed Broker - State of Washington - 1972
SilEA Alan A, Paget MAI
REALTOR
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Alan A. Paget and Associates Post Office Box 741 Lake Oswego, Oregon 97034 .0
RECENT PARTIAL LIST OF
APPRAISAL CLIENT
(The) Atlantic Companies Hyster Company
(Atlantic Mutual Ins. Co.,
Centennial Ins. Co.) I.B.M. Corporation �
J. H. Baxter Co. Kaiser Jeep a
Otis Elevator Co.
Bethlehem Steel Company —
R Pacific Northwest Bell
Centennial Mills, Inc.
Coca Cola Company
Portland State University
Continental Mortgage Ins. Rheem Manufacturing Company
John Deere Company St. Paul Insurance Company
Deluxe Check Printers, Inc. United Airlines
Employers Mutual of Wausau U. S. National Bank of Oregon
Esco Corporation U. S. Rubber Company
Evans Products Company
Van Waters and Rogers
FMC Corporation
Volkswagon of America
First National Bank
Western Electric Company
C
General Mills, Inc.
Western Kvafi Corp.
� Western Transportation Co
Homequity Incorporated .
Humble. Oil Company Xerox Corporation
DESIGNATED AGENCY APPRAISER FOR: m
9
k
City of Gladstone Oregon State Highway Department
City o f Lake Oswego Port of Portland
City of Portland State Board of Education
Clackamas County State of Oregon Dept. of Veterans Affairs
Federal Housing Administration Veterans Administration
Multnomah County Circuit Court Washington State Highway Department
y
SR EA Alan A Paget MAI
REALTOR
i
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May 8 , 1974
The City of Tigard Planning Department
Tigard, Oregon
RE: ZC 7-74 (Andersen and Fought)
SUPPLEMENTARY RESPONSE TO "FASANO" REQUIREMENTS
A. The applicants for the requested zone change
own the parcel to the west of the subject site, and the H.
access to this larger parcel, containing approximately 12 .8
acres is restricted to approximately 40 feet off of S .W.
72nd Avenue. S .W. 74th Avenue,: to the north, is unimproved
and does not serve the larger parcel. The lack of frontage
• and adequate access off of S .W. 72nd AvenUe, makes the larger
parcel unattractive to potential tenants . In additions the
existing point of access is at one end of a curve and relatively
hazardous. If the zone change were approved, another 220
feet of frontage along S .W. 72nd Avenue would be added,
thereby making the development of the combined large parcel d,
,
much more feasibleo and would allow the planning of compatible
Uses throughout. In addition, access to the site could
be relocated to one or more much less hazardous point .
The northerly portion of the parcel Which is the subject
of the requested zone change lies at the top of a hilly
and allows good visibility in both directions and iS a much
more desirable access eite.
Page 1
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Thus , there are two purposes for the requested
zone change. First, the zone change would allow better
and more compatible development of a larger combined parcel,
and, second, a less hazardous means of access could be provided.
• B. The requested zone change is in conformance
with Tigard' s adopted comprehensive plan.
C. The comprehensive plan recognizes that this
,parcel is to one day be developed for industrial ilses .
Further, virtually all of the land in the area on three
sides of the subject site 3.8 zoned for industrial use, including
the 12.8 acre parcel lying to the west, which is owned by
the applicants . These facts indicate a recognition by the
City of Tigard that this general area should be developed
1 for industrial uses .
The fact that the 12.8 acres owned by the applicants
Is almost landlocked and limited in development with its P
existing access , prohibits it from being developed as a
whole and with harmonious industrial uSes . Thus , there
exits not only a need for industrial development as recognized
by the City through its comprehensive plan, but also a need
not to frustrate the development of the already zoned parcel
lying to the west. There is a need to rezone the subject
site in order to allow the combined parcel to be wisely
developed to its maximum potential. It makes fat better
sense to develop large parcels of land uhder co`"mMOn ownership
Page 2
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to maximize the ability to plan compatiblity. To leave
the subject site of 1.72 acres for unknown development some •
time in the future after the adjacent property has already
been developed allows a greater possibility that the uses
will be less compatible and less attractive. Piecemeal
,
development will undoubtedly requiie much more intense internal P
• traffic flow, more ground coverage with buildings and parking,
and perhaps less landscaping.
• D. The fact that S .W. 74th Avenue has not been
improved and developed, and does not appear likely to ever
be improved or developed, has changed the potential access
to the applicants ' already zoned industrial property. Had .
S .W. 74th been developed, the access problems referred to
above would have been minimized. Alrio, the dwelling which
existed on the subject site has reached such a State of
disrepair that it has been condemned by the City of Tigard.
It is in such a condition that it is economically iMpractical
to repair or rebuild. Further, iE would be folly to construct
new residences on a piece of land Which iS designated by
the comprehensive plan as industrial and which is surrounded
on three sides by industrial Uses .
t. As pointed out above, this site, ag opposed
to others, should be rezoned to allow for an orderly development
of adjacent and already zoned indUStritL1 properties i and to
confOrm with existing development patterns . The rezoning
Page 3
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of this parcel allows the highest probability of harmonious
development of a larger parcel of land under one ownership. ).1
The applicants know of no other similar parcels in such
a position.
1
F. Rezoning to M-4 would bring this parcel into 1
harmony with the zoning on three sides and would complement
the existing uses . As evidenced by the report from Allen
A. Paget, Real Estate Appraiser, attached hereto, the property
values of the residences in the area would not be adversely
affected and would, perhaps, be inCreased.
G. Public services needed are sewer, water and
road access . The demands upon. Sewer and water would be
'
minimal, as would any increase in traffic volume on S .W.
72nd Avenue.
H. The applicant i8 aware of no adverse impact
which would be felt by the coMMUnity .
ti
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ti, CAMPBELL-YOST-GRUBE & PARTNERS
" °` ARCHITECTS • PLANNERS
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2040 S.w. .iefferscrn Street
Portland,Oregon 97201
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APR 2 2 974
,,;,.:‘,7,. CITY OF TIGARD
.,,..,',..t April 22, 1974
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Tigard City Council
Tigard, Oregon,
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Dear Sirs:
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?,,..vile,. On February 20, 197L at 11:00 A.M. 1 met with Mr. Brooks in
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regard to a site plan that as in question for the area now
/ in question for a zone change. At that time the Owner and
,•,,,,,,,,,,,,,
Developer could not be revealed. These were a few of the
q•ii';',\
questions that 1 asked and how they were answered.
.,,,•,,,,,,,,c. ,
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Q. When as area in concert changed to light Manufacturing?
Ans. Not changed only on the City Plan,
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1,,,,,;,,,•,, ,, .. Q4 Type of .Building? ,
Ats. Campus Type
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Q. Structure?
Ans. Wood Frame
Q. One or More occupancies?
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Ans. Four Office type buildings and a Bank (branch not known)
Q/ Parking?
Ans, Room for 300 cars.
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Q. How many en1r811608 t9 the cotuplex9. , being
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Ans. Only one on SO W. 72nd and one on S. W. Varnes, both b
at in and out at the sameettrance. The one on 72nd to be
directly across from Fir St.
At this time 1 was told this as the site plan to be presented at
the March le)th Public Ilearinge Also told there would be a 501
setback with a buffer. Before approving 6 dhangeo 1 giant to make
certain The Site Plat will be the same being presented at the
time or the ZONE OHANOto The one that 1 viewed and the one
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presented at your Panning Commission Meeting on April 160 1974,
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;$;,,,_ were certainly not the same one, We in this area littou that you
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cant stop progress and are willing to cooperate. We live with
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the over abundance of traffic now, not to say what It 11111 be
,,;54,:;•;,.!.,.:
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at the completion of the three large office compleX00 on
Sandberg. In viewing the situation on S. WA Sandberg with only
one entrance and no iviERGENCY EXIT, decided it was not thoroughly m
examined by all Safety rules and regUlations. Why is it that „
emergencies are not taken into consideration until there is
TRAGEDY
,,,,!;,,,:•-,;', .
Let us take a good look at the overall plan in regard to the
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added traffio in considering the proper approach to this ZONE'
CHANGE at large,
8itoorely,
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13515 84 W. 72nd
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,`■'401 MINUTES
.,--
',',,:; TIGARD PLANNING COMMISSION
Regular Meeting, April 16, 1974
Twality Jr. High School - Lecture Room
14650 S.W. 97th Avenue, Tigard, On
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„ ...
1. CALL TO ORDER .
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A. The meeting was called to order at 7:30 P.M.
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2 ROLL CALL
A. Present: Barkhurst, Frazier, Hartman, Mickelson,
V.- Nicoll, Sakata, Hansen; Chairman Wittaker;
°.2:'.. staff members Brooks, and Bolen; and
City Attorney, Fred Anderson
O. Absent: Commissioner Ball
3. APPROVAL OF MINUTES
''':.; A. Minutes were approved for the meetings March Sth,
March 19th and March 26th 1974.
4. PUBLIC HEARING * Zone Change
.;',,' ' 4.1 2C 274 (Fletcher)
' p,..'
.,..,,i A request by Fletcher, Hansen and Parsons to change
an existing R-7, Single Family Residential zone
to a M-4, Industrial Park zone and a P-D, Planned
w ,1 Development District zone. The site is located at
-.1
the southeast corner of S.W. 72nd Avenue and S.W.
Varns Street, comprising 9. 36 acres. (Tax Map
2S1 10, Tax Lot 900)
d'•i'
4 !4 Staff Findings
A. Brooks presented the staff findings relevant
to this case.
po Testimony and Cross Examination
A. Proponents
■■3/4':4.-
,... 1. Robert Fletcher, one of the applicants
introduced the project architect, Don
Pucherbaugh) who explained the proposed
development. He pointed out that a traffic
circulation study had been completed and
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measures had been taken on the project plan :
to meet the recommendation of this traffic
14 study. Improvements recommended on the
study include the widening of S.W. 72nd 1:
to allow a left hand turn land for entrance
..,„ into the project and agreement; to improve
Varns Street by an L. I.D. The landscape plan
attempts to retain as much native vegetation
as possible and provides a 40 foot buffer
•,.:.
strip on 72nd to visually insulate the Rolling
Hills Residential area from the proposed
, project0 Mr. Puderbaugh stated that County
,...,'
had approved the proposed drainage plan for ,.
the subject site.
'
,,
,4,-, B° Questions
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',,,'r' 1. Mickslson asked Mr. Puderbaugh if the
Washington County Public Works Department
had forwarded their approwa of the storm
drainage plan for the project to the City
of Tigard.
rt-
2. Mr. Puderbaugh said that Washington County
had approved the drainage plan but the City
public works staff has not yet been notified
of this approval by the County. '
, .*
3. Mickelson asked if a bank was still being
considered for the project.
4. Mr. Puderbaugh said that a bank is shown
.,. ,..;, in the project but it is not known for certain
%
.,1',,,,, if a banking firm will choose to Locate
there.
...<.,, S. Whittaker asked what street improvements
are being proposed.
Mr. Puderbaugh stated that a half street
improvement on 72nd will be made to include
,-,
a widening to allow for a left hand turn
land. This widening and required dedication
will be made on the applicants side of the
..,, .,.,.,
right-of-way. In addition the applicant will
., •
Pi
agree in writing not to remonstrate against
a future LoI.D. improvement on 72nd Avenue.
7. Tony Maxims living on 72nd Ave. , asked if
application had been made to the Oregon State
Department of rivironmental quality for
the proposed parking area Mr. Puderbaugh
stated the 00E4. will net review a permit
o4 application until a zone change has been
approved.
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Page 2 -Minutes- 4-16-74
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30 Oeth iishoo, a resident from S.W. Varna ,
v
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Street asked Mr. Puderbaugh if ha did not
..,ie think there were enough banks already
„ ..,
serving this area 8nd if proof could be
offered as to a need for a banking facility
at this location. e:
ee
9. Mr. Puderbaugh said that Mr. Fletcher had
le.
, this information and would answer this
': question later in the presentation
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10. Mickelson asked how the common facilities
would be maintained.
'45....
t ■■ 110 Mr. Puderbaugh said a legal document would
i
vee be provided which would guarantee maintenance
of common areas by the project owners.
,
12. Mickelson asked how many parkAng space
are hown on the plan.
t,
13. Mr. Puderbavgh answered 3E0 parking spac .es
140 Mrs. Gould, a resident from S.W. Varna Street
norWeof the project, asked if Verne Street
would be paved.
ele 16. Mr. Puderbuagh answered that the applicant
„,..., would take part in a local improvement district
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■ 4.
to Improve S.W. Varna Street.
Proponent
1. Mr, Fleteher, one of the applicants, spoke
to a market survey conducted concerning the
need for a bank at this location. He said
ee that there are 30 industrial firms within il
a half mile employing 2000 people. The closest
e.., bank is a little over one mile. Based upon
,,P...,,. the existing and growing industial areas
there is a need for a bank at this time.
,A.. .
2. Helen Metzger, who lives across the street
from the proposed project on 72nd Avenue,
spoke in favor of the request stating that
this is the beat use that could go onto this
'.... ,,..,
Ralph Nelson a developer of industrial property
. . ,
in the area spoke in favor of the project
A.: stating even though this land is shown for
general industrial use on the comprehensive
.i,',...4...;
,. ....' plan, office type development is the most
compatible use at this location.
Page 3 — Minutes - 4-16-74
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1,:01:1 4. Jack .:,)tevens, of No alod Stevens Realty*
.,-,
spoke in favor stating that there is a
, need for office space in the Tigard areas
He pointed to his oompany's experience with
.., rental of office space in the Beaverton area
..'i, and stated that there is a defknite need for
.,,,...0.,!..,. ,...,
office apace in tho Tigard areas
,...,;
5 Wiley Bucher, from the First State Bank, r.!
' -; spoke in favor of the project, eaying that
.„.„:. his firm may be interested in placing a 4.
bank facility in this project
Dd Opponents
; ..,
,,,„,
Beth Bishop, of SeW. Varna Street, said that
the oxisting plan thowt a pedestrian bioycle
path On the tett side Of 72nd when the path 1.P
V4 is ectualiy, needed on the wost for children
to get to ochool. She stated her belief
that the applicant should put e. path on the
west tide of the street where current heed
exists, ',',
2. Brooke asked Mr, Puderbaugh if a path could
, be built on the wott, side of 72nd without h'
obtaining additional right-of-way, ..
•, ,,
•.,,;.*.Y.4:%. 3. Mr. Pudorbaugh replied that yes according to
„.,.;„...,
his study a S to 7 foot path tould be conttruoted , A
without additional right-Of-way. P
., ,
.-..,.:,,,,.•,
if.. 4e Mr. Pletcher stated that this we the original 0
f4.
proposal mado for the projeot and ttated the ,
Ni,... willingnost orthe applioant to mono the path . ,
from the tett tide of 72nd end plebe it on the
.':it- west side.
.,4-..".,....i. 6, Tony Maxim of SeWe 72nd, stated hit oppooltiom
to tho projoot beoeute of tho impatto it would
: , have upon the residential area; Ho stated that
Oa traffic would bo introated and that tho 'ipplitant
hat not proven a mood Pot the projeot or given
any hought tO tuah heur traffie or the need
:i..7„.,..,,,,
. f' fire Protebtibmt Mr rlotohor opoke im
to Mr Maxim, o oommemtt pointing
.,';,..:'-...y... out that t market analysis had boom tohduotod
to well 66 a ttaffio ourvoyt
6i iohn Pattoht onb of the appliodhtto said that
ht. and hit partner had bah lookimg for offioel
., ..„
,,„...
spaoo in the Tigard area and bin g unable to. ,
„,..„.,,. find any hdd retorted to oomattuttimg their
,...-.,,,......,
own and this projeat it therefore the reaulti
He stated there i6 6 vety definite hood for
in the Tigard
..
Page 4 Minutes ... 4-16-74
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Staff Recomm,7ndation 1 -
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A. The staff recommended approval of the requested ,..,,.
.'ff.,..,
zone changes subject to the completion of the %,11
,.,
following conditionsc
1. The property owner (s) shall dedicate to the
y.',. public 10 feet of additional right-orway parallel 1 y
4.f...'
,.- S.W. 72nd Avenue and adjacent the subject site. 6
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',:. 2 The property owner (s) shall construct a half
street improvement, said improvement plans
•?;
shall generally follow the recommendations
4.1,,
'' of the applicant's submitted traffic circulation
study, and shall be approved by the Washington
County Department or Public Works. e
,
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30 The property owner (,$) shall agree to participate k
..'".i.,
in a local improvemFont district' for the purpose
of improving S.W. Varns Street, said agreement
'* shall be executed es a recordable covenant ,
7":- running with the land. .„
,
mt,f2i," 4. Tf19 storm drainage plan of the site shall be
subject to the approval or the City of Tigard
, .
and the Washington County Public. Works Departments.
ie
y,4: 50 The property owner (a) hail submit ror review l '
and approval or the City Attorney, a draft or
a Property Ownezr:? Ase,:,clatir:n ayset.,,,metit t'i-,:s
: used if the ownership of the buildings is L.
: 'i divided said agreement to define the respon-
,i i ■
sibility for common area maintenance and to
assure access to each building.
"•■•4,".,
Prior to the issuance of buildlng permits fair L
each phase of constructions the property owner (a) ,
shall submit to the City planning staff for
review and approval a detailed landscape plan I
for each construction phase. Said landgcape
plan shall describe the sizes location, and 1
„....
f.,.....,. , spacing of plant materials and how said plant
, . .
materials are to be maintained,
''',,,:;,,....• 1
7. The property owner (a) shall construct a 7
foot wide paved pedestrian/bicycle pathway
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,..„., within the 40 foot landecapcd buffer for the
purpose of public transportation and shall
execute an easement agreement providing for
perpetual public access to said pathway.
8. The property owner (a) shall provide curbs
between all landscaped areas and parking lots.
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- Page 5 - Minutes - 4-16-74 i
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9. The F:operty owner (a) snail construct a fcnce
as provided by Section 18,,60.100 (TMC) along v,
,, the southern property line adjacent that
southerly parcel of land currently occupied
by a single family dwelling. Said fence shall
be constructed when the buildings or parking ,..1
areas adjacent said parcel are constructed.
Fences in other areas of the site shall not f,
be required as per Section 18.56.010 (TMC) 1,
C. .
Hansen asked if the City Public Works Department .,.:
had looked at the feasibility of a path on the
q,..., west side of 72nd Avenuou
(4, C. Brooks said no they had not.
D. Hansen asked how long this path would be.
sm,4„4,4,
E. Brooks said from Varna' Street to Cherry Street 1,
approximately 900 to 1000 reet.
F. Ralph Nelson, in the audience, asked if the staff
were recommending an asphalt type path or a concrete
type sidewalk.
yI.,,,',
I,' G. Brooks said that he was recommending a concrete
vy
(?'4,, type sidewalk as has already been constructed
fjf',...,,'
north or Varna Street.
Commission Discussion and Action ,
A. Whittaker went through the list of "Fasanoll
(4' 4 requirements with the Planning Comm ission seeking
el
a consensus whether the burden of proof had been
_
on each of the 7 questions.
B. No member of the planning commissjon voiced an
opinion that the burden of proof had not been
met on any or the ftraseno” requirements.
C. Sakata stated her belief that a path should
not be required on both sides of 72nd.
0. Nicoll said that a sidewalk should be recommended
on the west side but one is not needed on the east
Ar'f'Ai especially since rib sidewalk has been required of
developments to the south.
E. Hansen asked the applicants for their feelings
concerning the need for sidewalks.
F. Mr. Fletcher said he saw a need for a path on the
west side 0P 72nd but not on the east side.
Minutes
. '.... ,
'';',.• 1,
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`'•• .
44
I•
•!:4, `e,i
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1 '
441
7. Mickelson moved to approve the requested
.. zone changes based upon the fact that
.':
IL applicants had met the burden of proof ‘"
4,
required by "Fasano" and to include the
''..' staff recommended conditions with the ,
••••
,
change that
...,
the easterly sidewalk
be deleted and that the westerly sidewalk ,...;)
t
exend from Varns Street to Cherry Street. .
•
■,,
The completion time for this sidewalk be 1,
t,•
six months from the time of issuance of
a building permif. In 84ddition the site
obscuring fence shall also be deleted as a
condition. 8arkhurst seconded the motion
and it passed by unanimous vote of the
members present. .
1.,..,
'■,''f,:.
•.„1-4,1
7
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. 61
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,
:.',.: TIGARD PLANNING COMMISSION ,
4t.„ Staff Report
.,
''',,
,.,, April 16, 1974 ,
, -
'!".1-,;
Agenda Item 4.1 -.
..,,..; ZC 2-74 (Fletcher)
„,..'
.,,
,,'' Zone Chaqa2
For property at the southeast corner of S.W. 72nd Avenue and
,..,, S.W. Varns Si . and calprising 9. 36 acres. (Tax Map 2S1, Tax
:,.
Lot 900)
Lalicent
Fletcher, Haussen and Parsons
,
4.,
v4
Asilioantts RegueSt
,
Aoproval of a change of zone classification from R-7 Single
Family Residential to an M-4, Industrial Park zone with
-6, an overlying P.D. , Planned Development District zone.
,J-
.82121-19...91211” 6L...12 rt---2229ffil
To construct approximately 100,000 square feet of 2-story
e,..r office buildings and a bank.
iitplE_ELaJlaaa
.,..c.
1. See attached map for existing land use and zoning
patterns.
2. Please note the applicants enclosed "General Develop-
ment Plan and Program. "
3. The site is currently undeveloped.
-,"- : 4. The Iiggsj_Gommunity.„_EL911 designates the subject site as
General Industrial, said Plan stating this category Is
!Az intended to consider the following goals:
v '
a. To provide locations for a wide range of industrial
,...,,,
uses that are compatible with one another.
0,
b. To protect land designated for industry from encroach
...,,n merit by uses which are not compatible.
,...-
c. To encourage the location of industry that will
provide employment and that will broaden the tax
base of the community.
'- ,
0-
.•,,.7.
ee. 2C 2-74 (Fletcher) /
<
.
S.';', Policies and Standards of the General Industrial cat- ..,,,
ti,,',1,1, . a, Use or planned unit development procedures is / /�
...,,,, aged in order to better relate industrial develop- `�up
',,, b. The planning commission will review the site plan of
'j,,t!'. each proposed development, as provided in the zoning i
evaluate the c'ompatibility of vehicular access, signs, '' ;,,
,:,ey,' lighting, building placement end designs, and land- H
'` ',', soaping with adjoining uses, both existing and pro- L,,
.:::/:,:`;'j: ;
c. Development will coincide with the provision of public
;1"/.,C:', streets, water and sewerage facilities. These facil-
eite, ities. These facilities shall be (a) capable of
';',1 : adequately serving all intervening properties as
',,i'f.:: well as the proposed devilopment, and (b) designed ,
it
,-, to meet city or county standards. , ). ,
',';,C.-'.;. 5. The applicant' s request is in conformance with the .114,,atr.si i '
'''k'1:t! Comr( 0,EA±Zeillan as an M-4, ledustrial Park zone is approp- e,
":''r,' riati within 8she "General Industrial" designation of the ,
;:,,,,,*4: Plan. The applicant' s requeet conforms to the goals of
,,,. ., or the Plan ' s General industrial" category. .
:,,,M,', 0, The applicant has shown a community used for the land use
eee, change proposed. There aro few large easily developed 1
e,:t.., and similarly zoned parcels within the City able to accomo- ,
'0.01., date an orrice park complex of the proposed magnitude.
'7
.
e':e.,,,,', 7. The type of zoning and uee prepeeed will have the leaet
,,e,'e) adverse effect of any industrial use or industrial zone i
one the adjacent neighborhood. The M-4, Industrial Perk
, ,t,,,, zone is the most restrictive industrial zone in terms of
. .,,,..,,, inteneity of use and the office and bank uses, permitted
.ir, ,,,r in the M-4 zone, are the least intensive Uses within the
!.„ ee M-4 zone. Offices are compatible with both adjacent
,t'',o, industrial and residential uses. The offices proposed
.,,,,,e,e, are to be constructed at a residential scale and set back
:::::1:,,,.: a considerable distance from S.W. 72nd Avenue, They aro
:,":1.,". to bo buffered from view of the residential area to the
'..,;1', ,,: west by a 40 Poet landscaped sttip. Increased traFfic on
,:,.,'..'',.,,,,, 50W, 72nd Avenue generated by the proposed development,
,',:l , w,,f..,11 have the largest adverse affect on tho adjacent
'Ai,
• !:,
.., .
,
t....-
.z IT Staff Report Age item 4.1 _3_ 1 April 16, 1974
er, e
7ft. ZC 2-74 (Fletcher) :,.,..
8. Water and Sewer utility lines are available to serve the
.,, e. ,
su.bject property. A 12 inch water line is located in
S,W. 72nd Ave. and an 8 inch sewer line is located at the
eq, f
.,.,‘ intersection of S.W. 72nd Ave. and Sandburg St. There
,
ee, is currently a moratorium on sewer connections in effect
e,
e,fle until such time as the Unified Sewerage Agency ' s Durham .
,
Sewerage Treatment Plant is operational. Some commercial 4,
permits remain available and some new permits may become ,
k.'••; available prior to the opening of the Durham Plant. 7,
The subject moratorium is temporary. Construction was
ee
commenced on the Durham Plant and said facility is schedul- ,
,. ed for completion during the spring of 1976. This w
hiill
:
4, allow the applicant's proposal to be constructed within
, .
.., .
a reasonable period of time S.W. 72nd Ave. and S.W. '
,
, Varna St. , currently provide vehicular access to the ,
subject site. Neither street is adequate to carry the ,
increased traffic or accomodate left turn movements ,
;...„::. generated by the proposed development. These streets
must be improved to accommodate traffic generated by the ,
.
development. S.W. 72nd Ave. is a County Road while the
City has requested jurisdiction over yarns St. , also
e,.!,
,.-0,. currently a County Road. It is anticipated the City will
possess jurisdiction over S.W. Vern St,. prior to the
ee
finalization of the subject zone change, thus allowing
e.e the City to initiate a local improvement district for
the improvement of S.W. Varns St. A half street improve-
e e
ment, because the City cannot form an L. I.D. for improve-
ment of County Roads, is the most practical means of
!2,,Y providing additional traffic capacity and eafety on
S.W. 72nd Ave. Right-of-way width on S.W. Varns meets
etre
., City minimums, but a minimum 10 root dedication is
necessary to bring S.W, 72nd to City Collector street
,.. „..,,;... right-of-way,
ee,
Tho applicant proposes storm drainage from the site into
the S.W, 72nd Ave. right-of-way. This will require
approval Prom Washington County.
,:e.;...
, 9. The submitted General Development Plan and Program conforms
to the previously approved Prelineinary Development Plan
and Program as requited by Section 10.56. 030 (d) (1) (A)
Tigard Municipal Code. The applicant has met all sub-
- i, mission requirements of Section 10.56.030 (TMC) with the
. .1.,,.,
exception that no draft of a document providing for the
maintenance of common facilities has been provided.
10. The submitted General Development plan and Progrzm
1....,,,,
meets all standards sot forth In Chapter 10.60, Offstrect
Parking and Chapter 18. 641 Access and Cgress, Tigard
4
Municipal Code; wIth the following exceptions:
,.„..
■.■:.'''''„'
;3•F::
, , i ------,—,..............p.......ftutaavwnesanaumruir • . -, ° ..-,,,,t-or,e-,-----,P...1.1",44'"P— '.''? ' ' .• : ' ■-:'" '''i'''.''',, r ''',V■,*,,,,' %,,., ,':'''' ,.''k:*1' '1 4,.y: ,,:,;*''''.1,„
• ,
• -
.
Staff Report Age(,..-a Item 4. 1 -4-
April 16, 1974
ZC 2-74 (Fletcher)
Seotion 18. 60.100 1-149122aeinal_ARE2a112212.11aTILE2n2n± .
"Required off-street parking shall be allowed in any yard
sot-back, provided that the first two feet in from the
property line are maintained in landscaping, and provided
that any common boundary along which this parking is allow-
ed between a residential zone and any other zone is
screened by a fence obscuring the sight of normal adjacent
pedestrian and vehicular traffic, the erection of which
shall be the responsibility of the ownership in the
nonresidential zoneett
Section 18. 60. 180 eum22s_spils and curbs,. "Parking
spaces along the boundaries of a parking lot shall be
provided with a bumper rail or a curb at least 4 inches
high located 4 feet within the property line. "
Section 1 . 64.03° MinimilEEaTILUMELL2=1.2992ILizjIL.1.
Industrial Uses.
A project requiring over 250 parking spaces shall have
the minimum access requirements defined by the Planning
Commission.
The submitted General Development Plan and Program p 'ovides
adequate site access and egress if S.W. 72nd Ave. and S.W.
Varns St, are constructed to City and County approved
standards.
11. The submitted landscape plan is necessarily general
because of the inability to accurately locate existing
trees in the heavy undergrowth. The concept is sufficient
for review as a component of the General Development
• Plan and Program, however a detailed landscape plan should
:le submitted for Planning Commission review and approval
as each pease is constructed. Said landscape plan indicates
a footpath in the 40 foot landscaped buffer strip adjacent
• ; S.W. 72nd Ave. As there is no assurance a pedestrian/
licycle pathway can be constructed on the western aide
of S.W. 72nd Ave. due to restricted right-of-way and
because such a facility will be necessary in the future
and is designated a need within adapted 119Asd Area.
• Conarohensive Pedestrian Bickcle Pathsuu_215.11, the staff
Teals the City should request an access agreement and the
applicant should construct a minimum 7 foot wide paved
pedestrian/bicycle path on the easterly side of S.W. 72nd
Ave. and within the 40 foot landscaped buffer strip.
•
Staff Recommendation
Approval of the requested zone changes subject to the comple-
tion of the following conditions:
Staff Report Agec(,,-a Item 4. 1 -5- April 16, 1974
ZC 2-74 (rietcher)
‘ ) . e 1 .
1. The property owner(s shall dedicate to the pub 1Q 10 feet
of additionl right-of-way parallel S.W. 72nd Avenue and
adjacent the subject sits.
2. The property owner(s) shall construct a half street im-
, provement, said improvement plans shall generally follow
the recommendations of the applicant' s submitted traffic
'. circulation study, and shall be approved by the Washington
County Department of Public Works.
3. The property owner(s) shall agree toparticipate In
a local improvement district for the purpose of improving
S.W. Varns St. , said agreement shall be executed as a
recordable covenant running with the land.
4. The storm drainage plan of the site shall be subject
to the approval of the City of Tigard and the Washington
County Public Works Departments.
5. The property owner(s) shall submit for review and approval
of the City Attorney, a draft of a Property Owners Associa-
tion agreement to be used if the ownership of the buildings
is divided, said agreement to define the responsibility for
common area maintenance and to assure access to each
building
C. Prior to the issuance of building permits for each phase
of construction, the property owner(s) shall submit to the
City planning staff for review and approval a detailed
landscape plan for each construction phase. Said land-
.
scape plan shall describe the size, location, and spacing
of plant materials and how said plant materials are to be
maintained.
7. The property owner(s) shall construct a 7 Peet wide
paved pedestrian/bicycle pathway within the 40 foot land
,
:to1113:711a ,liffo>etrecfulE; !hrileeLs'Irerli);(gtsTeb oafgrigLtVnille'ril transportation
and
perpetual public access to said pathway,
S. The property owner(s) shall provide curbs between all
landscaped areas and parking lots.
9. The property owner(s) shall construct a fence as provided
by 5ection 10. 60.100 (TMC) along the southern property
line adjacent that southerly parcel of land currently
occupied by a single family dwelling. Said fence shall
be constructed when the buildings or parking areas adjacent
said parcel are constructed, Eances in other areas of the
site shall not be required as pez Section 18. 56,010 (TMC) .
•
w ,
NOTICE OF PUBLIC HEARING
CITY OF TIGARD PLANNING COMMISSION
Notre `i.s hereby given that a public hearing will be held by the Planning
•
Com mission of the City of Tigard at Twality Jr. High School in the Lecture
Room, at 14650 S.W. 97th Avenue, Tigard, Oregon, on April 16, 1974, at 7:30
P.M. with respect to the following:
A request by Fletcher, Hansen and Parsons for a change of zone from
RU-4, Urban Residential to M-4, Industrial Park and P.D, , Planned
Development. The applicant is seeking approval for a proposed office
park development. The site is located at the southeast corner of
S.W. 72nd. Avenue and S.W. 'Darns Street, comprising 9.36 acres (Tax Map
2S1 1D, Tax Lot 900).
All persons having an interest in this matter are invited to attend and
be heard.
•
°
•
•
CAMPBELL—YOST—GRUBE & PARTNERS II
ARCHITECTURE PLANNING 1i
TIGARD OFFICE PARK
S. W. 72ND &ARNE=s ST.
"T IGARD, OR GoN
CODE REVIEW
TIGARD ZONING ORDINANCE
• SCHEDULE FOR ZONE CHANGE &PLANNED DEVELOPMENT PROCEDURES:
•
17E8 13, 1974 1sT SUI3MISStoN FOR sTUOY SEssIoN To PLANNING STAFF
FSI3. 26, '1974 1-IE ARING FOR STUDY sESSION TO PLANNING CoMMis,51oN
b,• MAR. 4, 174 .;
2Nb SUE3MIS8iON FoR PUSLIc HEARING TO PLANNING i
5TAF1=
MAR. 19, 1974 - PUBLIC HEARING TO PLANNING CoMMIsSIoN
MAR. 25), 1974 - 3Ro. subMiSsION FOR PUBLIC HEARING to PLANNING sTAFF
APR. 'S, 1974 PUbLIc HEARING to CI'T'Y COUNCIL
PRESENT• ZbNE' R-7
} ZoNe cHANGp Tt CP-PD (COMMEPicAL-PPot ESsIoNAL-PLAN:NFb I t VELoPNIENT)
T1GAPO LANG Usk PLAN: FU'1UP W GE!..k,`t'RAt.. INt t'clRIAL.
CH. 17, DEDICATED STIRrw'ETs - (IF' FECUIfEU, SwE PAC rwS 233 THRLI 237)
•
•
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•
• •
•
•; •
,• •
• CIO 18,40 COMMERCIAL PROFESSIONAL ZONE (C-P).
18.40,010 PERMITTED USES SEE PAGES 274 & 275
18.40.040 LOT REQUIREMENTS:
(A) MI N. AREA = 6000 8.F.
(B) MIN. AVG. LOT WIDTH = 60 FT.
(C) MIN. AVG. LOT WIDTH @BLDG. LINE = 60 FT.
(o) MIN. AVG. LOT WIDTH @ STREET = 60 FT.
(E) MAX. LOT COVERAGE = 50%
, .
18:40,050 SETBACK REQUIIREMENTS:
(A) FRONT YARD = 10 FT. , LANDSCAPED & MAINTAINED
(e) SIDE YARD - 0 FT. EXCEPT WHERE ABUTTING RESIDENTIAL
ZONE WHICH - 10 FT. , LANDSCAPED & MAINTAINED.
(C) REAR YIARD SAME AS SIDE YARD
(D) HALF STREETS MUS1 ALLOW FOR FUTURE RIGHT-OF-WAY IF DETERMINED
BY PLANNING COMMISSION.
18.40,060 surLoiNG HEIGHT:
(A) MAX, HEIGHT 8 51-0111E8 or 45 FT.
(B) MAX. HEIGHT WHERE ABUTTING SINGLE FAMILY RESIDENTIAL ZONE
•
2 sTontEs OP 30 T.
18,40.070 SIGNS:
(A) MAX. SIZE = 1 Br/100 SF BUILDING NOT EXCEEDING 15 S.F.
(b) THRU (F) AESTHETIC RLstRictioNs sEE PG. 276. •
18,40.080 ADDITIONAL IREOUirtmENTst
(A) OF STREET PARKING & LOADING (Fkom 18,60)
• 18,60.010 DEFINITioNs
•, 0.)
(1) ow: SPACE = MIN: 9 T. WIDE X 20 F'T, LLN t c'EbSIBLE.
&USABLE.
• (2) SOUARE FEET - GRoLls FLOOR AREA UNDER POOP
(3) E:NIPLOYE 'S ALL,PERsCiNs worwING ON THE PREMISES 01,..1RH4G
THE I-ANGEST
. ,
• 18,00,020 OBLIGATIONS o oF•EATY OWN ô. 294)
18,60,050 JoiNt UBE (PGB. ,294 8e 295)
18,60.040 PLAN UILbIN EiMIT Pt4814EOUISITt:
• SCALE DRAWING tiEouttlEt TO SHOW,:
,• (i) INDIVIOUAL PARKING, SAEs
(2) .0111CULATION AREAS
(3) AccEss To STREETS & Pi-loPtr..14TW.8 SEVEb
• .
(4) cut ib CUtS
(5) ScfltENINO
• (6) GRAD!NO & 011AINA68
(7) bt.LINATIONS OI tITWOTUI45$ t5i 01-.18TAOLS,
• (8) $0.. 011=ICATIONS bL SRNS & HUMOr,ri dUARb.t
•
`` 1 .
CH. 18,40 COMMERCIAL w PROFESSIONAL. ZONE (C-P) (2 oNTIMUED) M
18.60.05 ExISTING & New USES (PG. 295)
r .
18.60.060 SEVERAL USES (PG. 295)
18.60.070 RESTRICTIONS
To BE USED ONLY FOR AUTOMOBILES OF RESIDENTS, CUSTOMERS, PATRONS ,
•
• AND EMPLOYEES. NOT TO BE USED FOR STORAGE,. OR TRUCKS , AND SHALL NOT
BE RENTED, LEASED OR ASSIGNED TO ANY OTI-IEN PERSON OR ORGANIZATION
18.60.10E LANDSCAPING, SCREENING REQUIREMENTS
PARKING ALLOWED IN YARD SETBACKS IF TWO FEET OF LANDSCAPING BETWEEN
PARKING AND PROPERTY LINE. IF PARKING IS IN SETBACK, A SCREENED
FENCE IS REQUIRED WHERE PROPERTY ADJOINS ANY OTHER ZONE;.
18.60.110 PUBLIC STREET, ALLEY PARKING SPACES
r ;`a
PARKING SPACES IN PUBLIC STREETS AND ALLEYS NOT ELIGIBLE,
18,60.120 MINIMUM SPACI REQUIREMENTS (PARKING) :
(5c) COMMERCIAL - PROFESSIONAL
•
ONE SPACE P5R 500 S.F. GROSS FLOOR AREA
PLUS ONE SPACE PER ESTABLISHMENT.
PLUS ONE SPACE PER TWO EMPLOYEES
• 18.6O Y'140 LOAD I NO 8I RTHs r.
REQUIRED FOR BUII.�DINGS WHICH PECI IVE AND I ISTRIRUTE; MATERIAL, DY TRUCK,
PROVIDE SUPrICIENT NUMBER AND SIZE TO ADEQUATELY HANDLE USE.
18.60.170 IMPROVEMENTS
AREAS Usi5D
�° • T=fSR STANDING AND MANEUVER Nfti SHALL BE PER C►T'Y SPECIFICATION
STANDARCS.
18,60.180 OUMPER RAIL & CuRBs
MIN. 4 IN�;.Hr'S HIGH AND MIN. 4 FT. FRbtvi PROPER'T'Y LINE
18,60,190 bRAINAGE REQUIRED:
• ai
OI=►"'STREE1 PARKING MUST Li C` DRAINED TO AVOID WATER FLOW AcRosSt-iu1 4e,"
PUBLIC Stb,EWALKs &STN ETS
18.60.210 A r4 fr ICIAL LIGHTING
SHALL LIE ibEE=LECTEb To NOT SHINS INTO ADJACENT LIVING UNIT'S OR CREATE
4C•.'. HA2,ARD TGN PUBLIC USE OF ROADS & Si,+ EET'5
4 `
■
•$,
(2) ACCESS & EGRESS REQUIRED (FROM 18.64) -4-
•
18.64.110 GENERAL. PROVISIONS - DOES NoT APPLY WHERE SUBDIVISION
RULES OR STANDARDS ARE APPLICABLE.
(1) THRU (3) mAiNTENANcE, DEEDS, EAsEMENTS, ETC. , PG. 300.
•
.••
(4) SHALL CoiqNECT DIRECTLY TO PUBLIC STREET AND SHALL BE APPROVED
NY CITY FOR PUBLIC USE AND SHALL CoNriNUE AT THE REQUIRED
STANDARDS THROUGHOUT THE DEVELOpmENT, COMMERCIAL USE
VEHICULAR ACCESS SHALL BE BROUGHT To WITHIN FIFTY FEET OF 111E
PRIMARY GROUND FLOOR ENTRANC.:ES.
•
. •
(5) REQUIRED SIDEWALKS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES
OR THE GROUND FLOOR LANDING OF STAIRs, RAMPS OR ELEVATORS TO
THE SIDEWALK OR CURB OF THE PUBLIC STREET OR STREETS WHICH
PRoviDE THE REQUIRED ACCESS AND EGREsS.
18.64.030 COMMERciAL & INDUSTRIAL USES:
REQUIRED MIN. NO MINIMUM MiNimUrvl PAVEMENT,
PARKING ACCESS REQUIRED WIDTH SIDEWALKS, ETC.
SpAbEs
1 - 99 1 30 FT. HARD SURFACE PAVEMENT OVER
8C%OF REQUIRED ACCESS WIDTH;
NO CURBS REQUIRED; 5 FT.
,
SIDEWALK oNE SIDE ONLY WHEN
5-
ABUTTING DEDICATED STREETS
W/SIDEWALks.
100-249 2 30 FT. SAME AS ABOVE:
0 13
50 FT.
250 & OVER As REQUIRED BY PLANNII,10 COMMISSION
18.64.040 WIDTH & LOtATION or CURB CUTS
(A) MIN, CURB CUT WIDTH t--• 15 FT. (TOP OF CURN TO TOP OF CURB) .
(8) MAX. CURB DUT WIDTH PER cITY ENOItsMER OR DiREcTOR PUBLIc Wok .
(o) No OUR8 CUTS WITHIN 5 FT. OF AbAcENT PROP8R1Y LINE (EXcEpt
WHERE SHARING W/AoiAcNT oWNER)
(o) NO CURD oUTs WITHIN 30 F.T. OF 1W1-813sc1INO.s1Rt`r RIGHT-OF-WAS%
(E) MIN. DISTANCE or 30 Fry bETWeEN ANY TWo CURB CUTS ON SAME OROPERTY.
(5) PAPOONG Lot AbJoINING liEslIDENTIAL ZONE' MIN, 5 FT. I-116H; MAX 6 FT. HIGH.
(4) 20 PERCENT OF TOTAL AREA SHALL 31 LANDSCAPED
(5) PINE ZoNE: (se 18.12,020)
(6) NUISANCES FikOHIBITEO (SEE 18,12,070)
(7) AIR cONOITIONING UNITS ANO NOISE PROOLIOINO E'oUIPMENT SHALL EIE
•
E,NOLOSEb o14 BAFFLED SO THAT NO biSTUFthING SOUNO OR VIEIRATION
MATEkIALI.Y AFFECTS Ab.lAcENT RESIOENTIAL PROPERTIES.
y,.
•
CH 18 56 PLANNED DEVELOPMENT 'DISTRICT (P-pI -5-
18.56.010 PURPOSE (PG. 286)
18.56.020 PRELIMINARY DEVELOPMENT PLAN & PROGRAM,
(1) PLAN ELEMENTS
r (A)
PROPOSED LAND USES & DENSITIES
(F3) BUILDING TYPES & INTENSITIES
(C) CIRCULATION PATTERN
(D) PARKS, 'PLAYGROUNDS, OPEN SPACES
(E) EXISTING NATURAL FEATURES
(2) WRITTEN PROGRAM ELEMENTS
(A) APPLICANT'S MARKET ANALYSIS OF PROPOSED USE
(B) PROPOSED OWNERSHIP PATTERN
(C) OPERATION & MAINTENANCE PROPOSAL
(D) WASTE DISPOSAL FACILITIES
(E) 'LIGHTING
(F) WATER SUPPLY
(G) PUBLIC TRANSPORTATION
(H) COMMUNITY rACILITIES, 1aE. , SCHOOLS, LIBRARIES,
FIRE PROTECTION AND SHOPPING.
(I) GENERAL TIMETABLE OF DEVELOPMENT
(J) . QUALIFICATIONS OF THE PROPOSED DESIGN TEAM.
18.56.030 - GENERAL DEVELOPMENT PLAN & PROGRAM;
,
(3) SHALL INCLUDE THE FOLLOWING:
1. A TOPOGRAPHIC MAP or TOTAL AREA
•
2, PEDESTRIAN AND VEHICULAR CIRCULATION PLAN
3a STATEMENT OF ALL PROPOSEi? DEVIATIONS OR VARIANCES
(C) PROCEDURES: STUDY SESSIONS, HEARINGS &RECoMMNbATIONS
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(b) SHALL INCLUDE THE POLLOWING:
(1) PLAN ELEMENTS:
(A) GENERAL DEVELOPMENT PLAN IN CONFORMANCE' WITH
APPROVED PRELIMINARY PLAN.
(S) EXISTING AND PROPD aE U' CONTOUR MAP
(c) LOCATION, WIDTHS AND NAMES OP ALL EXIsT!NG oil PLATTED
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STREETS OR oTNER PUBLIC WAYS, RAILROAD AND UTILITY
, R IGHTs'OPwWAY, PARKS* OR OTHER PUBLIC OPEN SPACES
AND LAND UsES WITHIN 500 PT. OP THE B0UNOARIEs
OF THE DEVELOPMENT.
b) E I STI NO SEWERS, WATER MAINS*, AND OTHER UNDERGROUND
FACILITIES WITHIN AND ADJACENT ID THE DEVELOPMENT
AND THEIR M.'k CIPIED CAPACITIES:
(E) PROPOSEb 8Ewrtvi OR OTHER DISPOSAL FACILITIES,
WATER MAINS A► tf O1 EO UND8RGPoUNb UTILITIES
(F) A PRELIMINARY SI BOIVIsION PLAN (tr APPLICABLE)
(G) A LAND USE PLAN
(N) AREAS PROPoSEb TO BE r EDI ATE1
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18.56.030 -- GENERAL [DEVELOPMENT PLAN & PROGRAM: °06--
(D) SHALL INCLUDE THE FOLLOWING; (CONTINUED) '
(1) PLAN ELEMENTS
(I) OPEN SPACES TO BE MAINTAINED AND CONTROLLED "
BY THE OWNERS OF THE PROPERTY AND USES.
(J) A TRAFFIC FLOW MAP SHOWING ThE CIRCULATION PATTERN.
WITHIN AND ADJACENT TO THE PROPOSED DEVELOPMENT.
(k) LOCATION AND DIMENSIONS OF PEDESTRIAN WALKWAYS, MALL$,
,' TRAILS OR EASEMENTS.
(L) PARKING SHOW INTENT AND CHARACTER.
e" (M) LOADING -- SHOW INTENT AND 'CHARACTER.
(N) ARCHITECTURAL, PLANS 1 SHOW INTENT AND CHARACTER,
(0) LANDSCAPING PLAN SHOW INTENT AND CHARACTER.
(P) WALLS, FENCES AND SCREENS -- SHOW INTENT AND CHARACTER.
(Q) SHOW ANTICIPATED SCHEDULE OF DEVELOPMENT ON PLAN.
(2) PROGRAM ELEMENTS:
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(A) STATEMENT ON GOALS AND ODJECTIVES OF DEVELOPMENT.
(B) MARKET ANALYSIS IF REQUIRED BY P.C.
(C) SPACE UTILIZATION TABLE (SEE DETAILS) .
(E) DRAFTS OF APPROPRIATE RES'T'RICTIVE COVENANTS AND
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DRAFTS OF DOCUMENTS PROVIDING NOR MAINTENANCE or ANY
COMMON OPEN SPACE, OF REQUIRED DEDICATIONS OR
• RESERVATIONS OR PUBLIC OPEN SPACES AND OF ANY DEDICATIONS
Or DEVELOPMENT RIGHTS.
18.56,040 - ACTION & FINDINGS (SEE DETAILS)
18,56;050 - FINAL PLAN & PROGRAM (Sl-.F DE:`rAiLs)
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18.56,060 - APPLICATION OF STANDANm,
IN CASES OF CONFLICT BETWELN STANDARDS OF THI' UNDERLYING DISTRICT AND
THE P-C7 DISTRIOT, THE STANDARDS OF THE P—D DiSTI IC1 SHALL APPLit
18.56,070 - MINIMUM SITE SIZE
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(A) SITE MUST BE SUITABLE FOR PROPOSED bEVEI_akMENT
(o) 4 4EREs MINIMUM,
18,56,080 COMPATIbILITY WITH WEIGHT oRI-IOOb
(A) Muter SE COMPATIBLE WITH 'NEIGHBORHOOD.
(S) PERIPHERY YARDS SHALL St AT LEAST AS DEEP AS THAT REQUIRED FOIE
ADJOINING ZONE.
18.56.090 - LOT 'COVERAGE
SAME AS UNDERLYING DISTRICT IC-.0 UNLESS APPROVED t Y P.
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18.56.100 '....' OPEN SPACE *...7."'
.4.:: I (A) MEANS LAND AREA USED FOR SCENIC, LANDSCAPING, OR
. RECREATION •". DOES NOT I NCLUOE STREETS AND PARKING.
.
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• . (B) SHALL BE ADEQUATE FOR USE OF OCCUPANTS OF P-D. ' ','•
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(C) SHALL PRESERVE NATURAL FEATURES AND EXISTING LANDSCAPING.
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(0) DEDICATION OF DEVELOPMENT RIGHT TO THE CITY FOR OTHER THAN
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OPEN SPACE MAY BE REQUIRED.
(E) MUST GUARANTEE MAINTENANCE OF OPEN SPACE, . .
: .
(F) I r SPACE NOT MAINTAINED, CITY MAY 'CAUSE MAINTENANCE TO BE
DONE AND COSTS ASSESSED TO OWNER.
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18.56.110 - DENSITY (REFERS TO RESIDENTIAL P....a)
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18.56.120 ... SUBDIVISION LOT SIZES '
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• . REQUIREMENTS MAY BE LESS THAN UNDERLYING DISTRICT IF CONSISTENT
WITH STANDARDS OF F4.4D
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18.56.130 STAGI NG • ,
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(A) STAGING ALLOWED IF SUBSTANTIALLY COMPLETE WITHIN ITSELF.
(B) P.C. MAY REQUIRE STAGING IF PUBLIC UTILITIES ARE NOT
. . .
. ADEQUATE TO SERVICE ENTIRE DEVELOPMENT.
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18.56.150"MAJOR CHANGES
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MAJOR CHANGES REQUIRE COMPLETE RESUBMITTAL.
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18.56.160 '- MINOR CHANGES
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MINOR CHANGES MAY BE APPROVED BY PLANNING DIRECTOR, PROVIDING
THEY DO NOT: .•::
...
(1) INCREASE THE DENSITIES.
(2) CHANGE BOUNDARIES.
(3) CHANGE ANY USE
(4) CHANGE LOCATION OR AMOUNT OE' LAND DEVOTED TO
,.' sPEcIPIc LAND USE. .
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18.56.160 - CONSTRUCTION TIME PERlob - 5 X"MNsiON .
SUBSTANTIAL toNsTilUcTIoN IN ONE YEAR. Ii t NOT, P.C. MEETING
WITH PUBLIC HEARING REQUIRED, .
r - .
CHA 1._._aMr.__LLt..8 !,58 serE' DEVELOPMV■r:r pLAN (NoT k otii ti co tr P-0) ..
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18.56,010 - WHEN fiEQUIRED:
C.P. ZONE Po BUILDING PERMIT AND CERTIPICATE oP OCCUPANCY,
.,,
18.58.020 wa PURPOSES t (If (A) THROUGH (G) , Pd. 293-1)
.,‘ .
18,58,03C) - coNteNts
SUBMIT TO THE PLANNING COMMISSION THE P'OLLoWINot
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(A) COMPLETE SITE PLAN (SEE DETAILS),
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. ' (b) GtNtliAL SITE PLAN (st DETAILS) .
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(C) COMPLETE LANbs4cAP PLAN (.'it DETAILS) .
(0' ARcHtttcTUNAL br4AWINGg ( t, otTAILs) i
,,...
'.1.4114Z
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18.58.070 -- LANDSCAPING & SCREENING & C-F° ZONES .»$
(1) TREE AND SHRUB PLANTINGS WITHIN PARKING AREAS SHALL BE
PROVIDED AND MAINTAINED AT APPROXIMATELY 70 FT. ON CENTER ,! a
EACH WAY.
(2) ALL AREAS NOT OCCUPIED BY PAVED ROADS OR WALKS SHALL BE
LANDSCAPED. MINIMUM OF FRONT 10 FT. FRONT STREET RIGHT-""OF-WAY
SHALL SE LANDSCAPED AND MAINTAINED.
(3) OTHER LANDSCAPING SHALL CONFORM TO CH. 18.36 AND 18.40.
(4) INSTALLATION AND MAINTENANCE TO CONFORM WITH SECTION 18.58.0-9
(4) AND (5).
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18.58.090 - ADDITIONAL STANDAP,DS
ALL UTILITIES TO BE PLACED UNDERGROUND.
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18,58.100 - PLANNING CoMMIssIoN &ACTION (PGs. 293-4 AND 293-5) ,
18.58. 0 „ VALIDITY PERIOD
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ONE YEAR FOLLOWING DATE OF APPROVAL (SEE DETAILS)
18.58.120 -- APPEALS
TO CITY COUNCIL (SEE DETAILS)
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Fnalneeiiirig Division P.W. Dept.,
,.. VEHICULAR VOLUME SUMMARY . .
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LOCATION „ 60. 7-‹ - fit/6 lastween ■_.5: I''
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington 3s0
City of Tigard
,
i; Richard C. Bolep Being first duly sworn, on oath depose and say:
That I am Planning Administrator for the City of Tigard, Oregon.
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That I served notice of hearing of the Tigard. Planning Commission
of which the attached is a Copy (Marked Exhibit A) upon each of the
following named persons on, tbe day of
l922.11 by mailing to each of them at the address shown on the attached
•
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list (Marked. Exhibit B), said notice as h 'to attached, deposited Da
the United States Mail on the day of 41_ -192 IA
Postage prepaid.
Subscribed and sworn to before me this day of , .4E ,
104.
2 •
:01F,J8000,
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11..rel'
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Notary Public of Oregon
e4'ite6:
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TIGARD PLANNING COMMISSION
Staff Report
April 2, 1974
Addemndum to March 5, 1974 staff report
Agenda Item 5.1
ZC 2-74 (Fletcher)
Informal Review __,_L__med- PlaIa'y.2iaalen_L12,LASSkl:
For property located at the southeast corner of S.W. 72nd Avenue and S.W.
Varns Street, comprising 9.36 acres (Tax Map 2S1 1D, Tax Lot 900),
4.6.20.1921.11
Pletcher, Hansen & Parsons
APPlicanlIg_LalltEl*
To receive "approval in principal" of preliminary development plan and program
as related to a proposed Planned Development, M-4 Industrial Park zone change.
P1:92.91L
Upon approval of a PD, M-4 zone change, to construct an office building(s)
and a bank.
Staff Pinitiaaa
1, See March 5, 1974 staff report for additional findings
2. The Planning Commission, on March 5, 1974 took action to continue this
• Item to that the applicant could prepare a traffic circulation study
relating to the subject site. The applicant was also asked to pl.ovide
a more detailed description of the proposed ownership pattern and the legal
protection available for common areas and improvements. (See March 5, 1974
P.C. minutes. )
3. The applicant has completed a traffic circulation study related to the
subject site. The Planning Commission and the staff reviewed the study document
entitled 'Traffic Study for Tigard Commercial Office Park as prepared by
Sleavin-Kors Consulting Engineers.and presented at the March 26, 1974
Planning Commission Study Session. The staff, with one exception) concurs with
the recommendations contained in this study, The exception concerns the egress
only driveway onto SW Varns Street. The staff feels it is unrealistic to assume
that no traffic will occur on SW Varns wanting to use SW Varns as at access
to the site. ...:Jome vehicles will probably turn onto Varna mistakenly thinking
SW Varns an 'Access to the subject site and the having no alternative but to return
to SW 72nd to gain site access. The staff recommends making the Varns Street
egress drive a two-way access point, wiie encouraging motorists to use the
72nd access points by means of signing and increased stacking room for left
turns from SW 72nd into the site,
• Staff Recommendation
Approval, it principal of the submitted "preliminary development plan and program
subject to the following conditions:
((r
Staff Report April 2, 1974
Agenda Item # 5.1 2,C 2-74
1. The applicant add an additional access-egress point at the southwestern
corner of the subject site.
2. The applicant revise the traffic consultant's proposal for edit
at the site access point on SW Varns to include both egress and access to the
subject site.
5. The applicant move the proposed bank to the southwestern corner of the
subject site.
4. The applicant add an attorney and a landscape architect to the Design Team.
5. The applicant provide, as a program element of the General Development Plan
and Program, a'detailed statement of any future ownership pattern within the
subject site and describe in deatil how common areas, access and improvements
will be maintained under such future ownership arrangement.
6. The applicant provide a market analysis of greater detail than the
"Comments on Office Space Survey" provided with the preliminary development
plan and program. Major emphasis should b.s placed upon the need for a bank
on the subject site.
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a —
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A 4
MINUTES
TIGARD PLANNING COMMISSION
Planning Session - March 26, 1974
Twenty Junior High School
14650 S.W. 97th Avenue, Tigard, Oregon
Time: 7:30 P.M.
1. CALL TO ORDER
A. The meeting was called to order at 740 P.M.
2. ROLL CALL
A. Present: Hansen, Barkhurst, Ball, Frazier, Whittaker,
Sakata, Mickelson; Planning Director Brooks,
Associate Planner Bolen.
B. Absent: Nicoli and Hartman
3. APPROVAL OF MINUTES
3.1 Regular Meeting of March 5, 1974
A. The minutes were not available for consideration at this
meeting.
4. INFORMAL REVIEW - Planhod Development District
4.1 Zone Change ZC 2-74 (Fletcher)
Review of traffic study as requested by the Planning
Commission March 5, 1974.
A. The results of the traffic engineering study conducted
for the applicant was preeehtedto the Planning Commissioh
This study was delivered to the Commission orally and ih
• a printed docUMent. The Planning Commiesion accepted
the traffic engineering study and Chairman Whittaker
said it would become part of the applicant' s submittal
For consideration of the 2.0ne' change request.
5. 1NrORMAL P .VIW R.A. Gray & Company site Olah, Tigard
Industrial Park.
5. 1 Variance V 1-74 (R.A. Gray & CompenY)
Review of overall site plan as requested by the Planning
Commission) March S, 1974.
A. Mr. R. A. Gray presented 0 site plan for the complete
development of the subject property.
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March 13$ 1974
Fletcher, Hansen & Parsons
Suite 120
1750 S.W. Skyline
Portland, Oregon 97221
Gentlemen:
As per the Planning Commission s action of March 5, 1974 related to traffic
analysis of your proposal office/bank complex at SEW. 72nd Avenue & Varnes Street,
. .
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se are forwarding a list of those items we feel must be considered as a part of
such a traffic study. The traffic study should address itself to the following
considerations
1. Determine average daily traffic volumes on S.W. 7td S.W. Huntiker, State
Highway 217 & S.W. Verner Street and project such volumes (City has current
• data available).to completion of all phases,
•
2. Estimate the number Ifif vehicle:Itrips per day to be generated by the proposed
development at the completion of all construction phases, Determine the
distribution of project generated daily vehicle trips ot SW Hunziker, SW
72nd & State Highway 217 and SW Vartes Street,
3, Estimate daily traffic volume on oath of the aforementioned roads, over and
abbve the projected traffic counts for these road facilities at the
completion of all construction phases of the proposed project.
4 Atsess the current design suitability of SW Hunziker, SW 72nd and State
Highway 217 and SW Vane s Street to carry those daily traffic volumes projected
in 03 above. Design suitability of existing facilities should consider
* the following items.
ad Suitability of the existing SW 72nd roadway design to actemodate left hand
turning movements into the subject dittudUting peak hours,
,
b. COnaider the problems inherent with natrolAy offset intersections (Lid,
SW Vathea Street) and how these may impair aces to the subject site
and endanger public safety.
ce tvaluAte the necessity of automatic traffic COOttels fo fatilitate flow
of peak hour traffic at carious traffic COhtlt,q pOihta Oh SW 72nd.
tvaloato the necessity of sidtwalka on SW 72nd and SW Varnob relied• predicted traffic VOltit4dS arid current roadway deeightio
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Pletcher, Hansen & Parsons .tit. March 130 1974
5 Assess the adequacy of access and egress to and from they site. (Are two, entrances
adequate to carry peat. hour traffic onto and off the site?
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6 Assess the location, of an access point from SW 72nd onto the subject site in
terms of onsite circulation,tion, and the left hand turfing movement from SW 72nd
7 Assess on site circulation with particular regard to traffic circulation
related to the proposed drive.in banking facll3t y.
We feel the above traffic study parameters will give you, the staff and the
Planning Com>t ission the framework for detailed evaluation of the traffic
may occur or are acetiariig in the. vicinity ini ty` of your site. f e You
o
Problems that If «t� or
your consultant should have any questions regarding the enclosed study t;a k', .
please call our offices at 639.4171.
Sincerely, ;I
WixisloW Co Brooks
Planning Director
`CJ3:lw
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, TIGARD PLANNING COMMISSION ...
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.. Staff Report .
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March 5, 1974
...
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Agenda Item 5.1
.. ZC 2-74 (Fletcher)
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Informal Review - Planned Develo ment District
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, ,,,,
For property located at the southeast corner of S.W. 72nd Avenue and S.W.
4 Vannes Street, comprising 9.36 acres. (Tax Map 2S1 11), Tax Lot 900).
'.. ...
L4.2211Sant ..
- Pletcher, Hansen & Parsons
_ , AkELLSIELL1151;19.1111..
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, , To receive Papproval in principal" of a preliminary development plan And program
.
J.;
. as related to a proposed Planned Development, M-4 Industrial Park zone change, .
0 .,
A22,11.2AILIE-12E2Psal
Dpot approval of a PD, M-4 zone change, to construct an office building(s)
.
, •. and a bank.
! . .. Staff rindinza .
, ,.
' 1. Section 16.56.020 (a) (TMC) states!
_ "The applicant shall submit a preliminary development plan and program to the
planning commission for approval in principal. Such p:esentation shall considt
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H of a preliminary plan in schematic fashion, and a written prograM. ..".
.,.,
. ,. 2. Section 18,56,020 (b) (o) (d) & (e) (TMC) states:
. ...., ,
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, , (b) The platting comm sh
isSion all informally review the pteliminary develop- ,. •
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mett,plan and program and may act to grant preliminary approval, approval With recommended
modifications or denial, Such action shall be based upon the comprehensive plant
the standards of this title and other regulations and the suitability of the
.k.' proposed development in relation to the character of the area
'■ -', (c) Approval in principle of the preliminary development plat and prog 'Shell
be limited to the preliminary acceptability of the land uses proposed and their
c .
interrelationships and shall not be construed to endorse precise location of
uses nor engineering feasibility. The planning commission may require the development
of other information than that specified in Section 18.56.030 to be submitted with
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the general development plan and program.
(d) The planning doMMiSAibh shall review and may recommend expansion, additions
or modifications in the qualifications of the proposed design team for the preparation
..,' of the general plan end program.
(e) The planning commission shall determine the extent of any additional
.
market analysis to be included in the general development plan and program,
,„, •, .
3, See attached map for existing toning and land use,
4. Please note the applicant's etti,.oted "preliminary development plan and pro-tam"
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Staff Report -2- • Agenda Item 5.1
' March 5, 1974
submittal. Also enclosed are the applicant's "comments on office space survey".
5. The lizall4mosillx_rjan designates the subject site 'General Industrial"
and is intended 'to provide locations for a wide range of industrial uses that are
compatible with one another."
Pages 33-34 of the Plan document relate the objectives) policies and standards
of the "General Industrial" designation,
6. After reviewing the applicant's submittal the staff makes the following findings:
a The applicant's proposal is in conformance with the 11.1.aad Communlian
as the proposed use is a permitted use in the M-4, Industrial Park zone) a zone
conforming to the "General industrial" category of said Plan.
b. The applicant's proposal meets all applicable requirements of Title 18
(TMC) with the exception of access and egress where the staff recommends the
Planning Commission requite one additional access-egress point on the subject
site's northerly perimeter. See Tigard Municipal Code Section 18.64.030, Minimum
& Industrial Uses.
C. The proposed development is suitable as related to the character of the area.
The staff feels office related development is more compatible with single family
residential areas that other industrial uses.
d. The land uses r,roposed and their inter-relationships are appropriate
to the surrounding area and internally. A findings must be made during the public
hearing for the "General Development Plan and Program" that there is a community
need for the uses proposed by the applicant, The applicant, at said hearing,
must provide the burden of proof that the proposed uses fulfill a cummunity need.
e. The staff suggests the Planning Commission tequite the applicant provide a
traffic circulation study of the surrounding area, evaluating the impact of the pro
posed uses on the traffic patterns within the immediate area. Said study should
identify points of potential traffic conflict and review the adequacy of access
and egress to ati,d from the subject site. The applicant proposes parking for
355 cars, the development generating approximately 1000-1500 vehicle trips pet days
f, The applicant mentions a proposed ownership pattern anticipating a
potential sale of buildings on the subject parcel. An attorney 'would be necessary
to draft documents relating to "common ownership" of site related facilities.
It is suggested the Planning Commission require at attorney be added as a member of
Design Team.
A landscape arehitect will be required to successfully complete a project of
the proposed scope. It is suggeted the planning coffimiS81011 require the appointment
of a landscape architect to the Design Teat.
Staff Recommendation
Approval, in prineipal, of the submitted preliminary development plan and program
subject to the following conditions:
. The applicant consider an additional. 4CCd88-dgret point on the site's northerly
perimeter.
1 I.
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Staff Report .3. Agenda Item 5.1
March 5, 1974
The applicant conduct a traffic circulation study of the surrounding area,
said study evaluating the impact of the uses on the traffic patterns within the V:
immediate area. Said study should identify potential traffic conflicts and review
the adequacy of access and egress to the subject site.
• p The applicatit add An attorney and a landscape architect to the Design Team. ;.
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.C -. ... , i . ..pry-...Cr _. S., .7 M`'Y:Y',!'• tt} '
of
;b. NOTICE OF PUBLIC NEARING
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CITY OF TIGARD PLANNING COMMISSION
Notice is hereby given that a public hear nq will be held by the
Planning Commission Of the City of Tigard at Twality ar. High
School in the Lecture Room, at 14650 S.W. 97th Avenue, Tigard, 1.
Oregon, on March 5, 1974, at 7:30 P.M. with respect to the fol-
lowing:
A request by Fletcher, Hansen and Parsons for a change of
zone from RU-4, Urban Residential to M-4, Industrial Park
and P.D. , Planned Development. At this meeting the appli-
cant is seeking approval of the preliminary plan and pro-
gram for a proposed office and bank development. The site
is located at the southeast corner of S.W. /2nd Avenue
and S.14.1. Vartis Street, comprising 9.36 acres (Tax Map
251-1D, Tax Lot 900 .
All persons having an interest in this matter are invited to at-
tend and be heard.
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• AFFIDAVIT OF MAILING
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STATE OF OREGON )
r I .
County of Washington ) ss.
City of Tigard )
Z X chard C. Bolen Being first dui. say:
, g y` sworn, on oath depose and. sayo
That I am Planning Administrator for the City of Tigard, Oregon.
That I served notice of hearing of the Tigard Planning Commission
of which the attached is a copy (Marked, Exhibit A) upon each of the
following named. persons on the day of 1 a
191_5' by mailing to each of them at the address shown on the attached.
•
list (Marked. Exhibit B), said notice as hereto attached, deposited in
the United States Mail on the j. e day of. . f ... `u .e, -19_11
Postage prepaid
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/ /2
r l x
SUbacribed and, sworn to 'before the this � day
19 (
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Notary Public of Qreto
f
40 :6031 s b :o ezp ,re a . �
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;°■.1 4":101*1
Yost •I
Qtillb0
••1.{ ' FEBRuARy 13, 1974
!"'I''•PartnetlS':
':.Arohitebture.4,
Pin. •
• . • ,
PROJECT: TIGARD COMMERCIAL OFFICE PARK
S. W. 72ND & VARNS STREETS
TIGARD, OREGON
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WRITTEN PROGRAM ELEMENTS
POR
ZONE CI4ANGE FROM RU4TO CP—PD
1. SITE Dt.'SCRiPTION:
THE SITE IS A 9.36 ACRE FORESTED PARCEL OF LAND, APPROXIMATELY' SQUARE, LOCATED
ADJACENT TO THE INTERSECTION OF S. W. 72ND STREET AND So W. VARNS S'TREET.
. •
S. W. 72ND STREET ADJOINS THE PROPERTY 'ro THE WEST AND S. W. VARNS STREET
•
ADJOINS THE PROPERTY TO THE NORTH, THE LAND IS GENTLY SLOPING TO THE SOUTHWEST,
NATURALLY DRAINING IN THAT DIRECTION TO S. W. 72ND STREET. THE SITE VEGETATION
GENERALLY CONSISTS OF FIRST AND SECOND GROWTH 'DOUGLAS FF TREEs„ LARGE OAK
TREES SCRUB OAK TREEs, SPRUCE TREES, LARGE OREGON ASH TREES, SCRUB ALDER
TREES ANu VINE MAPLES. THE FOREST FLOOR 18 COVERED WITH DENSE UNDERBRUSH,
FERNS AND MOSSo
Pt Is THE iNTENTioN OP THE DESIGN TEAM AND HE OWNER To DEVELOP THE PROPERTY !I
Its! A MANNER THAT PRESERVES THE NATURAL cHARAcTERIsTIcs AND VEGETATION or 11.m
sht. 'THIS INTN1 is MORE CLEARLY DESCRIBED AND STATED IN THE WRITTEN DESIGN
: NCEPT AND THE MASTER PLAN PORTIONS b THIS 8ti9MITTAL.
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2, wAs‘m DisPbsAL FeAciLrriEist
ARE PritsENrLY two SANITARY stliqm CONNECTION POINTS NEAR THE PROPOED
PRoJECTt OINE LOCATED oN S. W. 72ND StREt AttottoximAttLy 600 FEET SOUTh FROM
THE SOUTHWEST cON .R or THE PROJECT AND ONE APPROXIMATELY 400 FEET EAST FROM
touirt-itAt CORNER Op THE PROJECT. AccoRbiNG TO Mk. HEIBERti DIRECTOR
PUBLIC Wrbtiks 4 ditY o TIGANDi BOTH CONNECTION POINTS (EXISTING SANITARY StWER
MANHOLES.) ARE OI AbEciUkft CAPACITY To SEV THE N...EOS OF4 tl-IE PROPOSED PROJECT
AND AbjAcENT NEiGHEIORHOOb.
Plitthard A,efunpbell
W Ilogo Yost
Jdt5hini C.Gtubti
Batty A4!land
'!1 Ketteth IN,Nulson
Donald L.Puddtbalkjil
Aldhbed b,Burling
O.Monied Lundy
RoddliCk J.Graham
20110 SW Jotteriort
. Pottlatid brogoti9/201
6o3421itliso
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2.VIASTE DISPOSAL FACILITIES: (coNTIHuED)
MR. HEIBERT ADVISED THAT DUE TO THE PRESENT LIMITATIONS OF THE TREATMENT .
PLANT WHICH FURTHER IMPOSES LIMITATIONS ON THE NUMBER OF CONNECTIONS ALLOWED,
THAT TEMPORARY FACILITIES FOR THE PROJECT BE CONSIDERED AS A POSSIBLE ALTERNATIVE.
THERE ARE APPROXIMATELY 50 CONNECTIONS PRESENTLY AVAILABLE AT THIS TIME WITH
PLANS UTILIZING 25 OF THESE FOR PROJECTS PLANNED IN THE GENERAL AREA. IF
CONNECTIONS ARE NOT AVAILABLE AT THE TIME OF CONSTRUCTION OF PHASE I OF THE
PROJECT, TEMPORARY ON-SITE SANITARY DISPOSAL FACILITIES WILL BE CONSTRUCTED,
THIS SYSTEM WOULD THEN BE sWiTcHso OVER TO ONE OP THE TWO EXISTING MANHOLES
AS SOON AS CONNECTIONS ARE AVAILAEILE.
,• 3. STORM DRAINAGE:
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THE SITE PRESENTLY SLOPES TO THE SOUTHWEST, DRAINING INTO THE OPEN DITCH ALONG
72ND. AN ON SITE STORM DRAINAGE SYSTEM WILL BE CONSTRUCTED IN PHASES CORRESPONDING
WITH THE DEVELOPMENT OF THE PROJECT' AND WILL 13E IN ACCORDANCE WITH ALL LOCAL
CODES AND ORDINANCES. THIS SYSTEM WILL COLLECT ALL STORM WATER ON THE
PROPERTY AND DISPOSE OF IT ALONG 72ND STREET. THE PRESENT PROJECT DEVELOPMENT
PLAN INCLUDES A NEW OPEN ENDED STORM SEWER ON THE EAST SIDE OF S. W. 72ND
STREET FOR THE LENGTH OF THE PROPERTY. THIS WOULD ELIMINATE THE PRESENT
;,. DITCH AT THIS LOCATION.
„
. . 4. EXTERIOR LIGHTING:
EXTERIOR LIGHTING WILL BE PROVIDED ON THE SITE FOR PEDESTRIAN CIRCULATION,
VEHICULAR CIRCULATION ANb PARICING. 'THAT LIGHTING' WILL BE DESIGNEb AND LOCATED
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TO NOT SHINE INTO ADJACENT LIVING UNITS OR CREATE HAZARD TO PUBLIC USE OF'
ADJACENT ROADS ANb sTREETs
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5, bOMESTIC WATER SERVICE:
THERE 18 PRESENTLY A TWELVE INCH WATER MAIN ALONG So We 72ND S1Rt5te MR.
HitibEter, DIRECTOR OF PUBLIC Woks, CITY OF' TIGARD, INDICATED TI-1AT THE 12
MOH MAIN WAS AbEQUATE To SERVE THE NEED or THE NEIGHBORHOOD AND THE PROPOSED
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PROJECT FOR DOMESTIC Wart. NEEDS E ADVISED THAT WE cHEdk THE FLO W uir4
MENTs P'oR O'IRE F'EOHTING OURPoSEsi (SEE stisMittaL ON FIRE PRotEcTION.)
••
.• • 6. PUOLIC 'TRANSPORTATION MEETING MEMORANDUM:
SUiJEc REMr PLANS PUbLIC 'TRANSPORTATION ALONG 72ND Si
• • PRojEcirt TitiaRb COMMERCIAL OFFICE PARR, Jos NiO. 267
PiltsSN't: Ms. MARtL AM SENIOR PLANNtiR Trii‘`IVIVr
Mt . 50 WAGNER; PLANN
A. 'PL Y THERE IS NO PUbLIC TRANSittblierlatiON SERVINO THE OROI3ostb OrIbjEdit
s•
Seritb
tie IN ACCORDANCE Wit-1 THE REPORT to THE COLUMbia OEGION A6•SObilatION 60
GOVERNMENT 0.ti THE PotrLaNti,-VaNCIOLIVER METROOOLITAN AREA ENTITLEb
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6. PUBLIC TRANSPORTATION MEETING MEMORANDUM: (coNTENuED)
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B. "IMMEDIATE IMPROVEMENTS IN PUBLIC TRANSPORTATION" PREPARED BY
DE LEUVV, CATHER & COMPANY, ENGINEERS AND PLANNERS, THE WEST
PORTLAND PARK AND RIDE FACILITY WILL SE CONSTRUCTED NEAR THE CAPITOL
HIGHWAY I.-5 INTERCHANGE BY JUNE 30, 1975. THIS FACILITY WILL PROVIDE
USER PARKING, EXPRESS BUS SERVICE TO PORTLAND EVERY 1./2 HOUR AND
, . TRANSFER CONNECTIONS BETWEEN THE EXPRESS SERVICE AND THE PORTLAND
COMMUNITY COLLEGE AND THE SOUTHWOOD LINEs. THE SOUTHWOOD LINE IS
PLANNED TO PROVIDE HOURLY SERVICE ALONG 72ND STREET TO SOUTHWOOD.
C. TRI°..MET EXPRESSED AN INTEREST IN PROVIDING PLANNING ASSISTANCE FOR A
BUS TURNOUT LANE ALONG 72ND STREET NEAR THE PROJECT ENTRANCE. SPEC!'"
FICATIONS FOR A COVERED WAITING SHELTER CAN BE OBTAINED FROM MR 4 TOM
HOUHA, SKIDMORE, OWINGS AND MERRILL ARCHITECTS.
•
D. TO AID TRI...MET IN THE DEVELOPMENT OF THEIR PLANNING, THIS OFFICE WILL
PROVIDE THEM WITH EMPLOYEE COUNT, BUILDING DENSITIES AND PARKING
REQUIREMENTS.
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E. THE PROPOSED PROJECT IS PLANNED TO INCLUDE A BUS TURN""OUT LANE AND A
COVERED WAITING SHELTER.
7. FIRE PROTECTION:
.4,
THE PROJECT WILL BE PLANNED IN ACCORDANCE WITH TE-t. fectinRemeNTs OF THE TUALATIN
RURAL FIRE: PROTECTION DISTRICT AND THE FIRE MARSHAL DIVISION 00 THE DEPARTMENT
OF COMMERCE, STATE OF OREGON. IN A MEETING WITH M . JACK PALMER, FIRE
INSPECTOR FOR TUALATIN IR Pi.P D , HE ADVISED THE iroLLowiNG:
A FIRE FLOW AT 12 intcti MAIN ALONG So Wo 72ND STREET' is 1,000 GALLONS
PER MINUTE, ADEQUATE TO SERVE THE NEEos OF FIRE FIGHTING FOR THE AREA.
B. FIRE HYDRANTS SHALL BE LOCATED AT A MAXIMUM OF 250 FEET FROM ANY
/, POINT IN ANY BUILDING. THE PROJECT WOULD REQUIRE POUR FIR E tomnANTs,
LOCATED N5AR EACH OF TIME FOUR StAt rt ToWERs
C. INTERNAL VEHICULAR CIRCULATION wiLL BE bEsIGNED TO ALLOW FIRE TRUck ACCESS
THROUGH THE pARkING AREAS. THE TURNING DIAMETERS WELL EE IN ACCORDANCE
WITH CITY or PORTLAND sTANDARDs. (100 reel' OUTSIDE DiAmETER, 75 FEET
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INSIDE: DIAMETER )
D. No otiotci-tor4s WERE RAISED BY MR. PALMER IN His REVIEW OF THE PROPOSED PRoJEcT,
8, QUALIFICATioNs OF tHE PROPoSr) DESIGN 'TEAM:
ARcHitEctS AND PLANNERs FOR THE PRoPoseb pRoJEct ARE DAMPEELL-VOST-GRUBE
PARTNERs; ARCHITECTURE & PLANNING; A PORTLAND FIRM. (SEE ATTACHED BROCHURE.)
As Ti4E PROJECT DEVELOPS, THE roLLoWING PROOESSIONAL CONstiLtANts WILL BE sELEctEb
. .
AND ADDED TO 11-IE DEIGN TEAM:
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8. QUALIFICATIONS OF THE PROPOSED DESIGN TEAM: (CONTINUED)
A. LANDSCAPE ARCHITECT
B. STRUCTURAL ENGINEER
C. MECHANICAL ENGINEER
D. ELECTRICAL ENGINEER
90 PLANNING CONCEPTS:
THE PRIME OBJECTIVE OF THE OWNER AND DESIGN TEAM IS TO DEVELOP A VIABLE COMMERCIAL
OFFICE PARK WHICH PRESERVES THE NATURAL CHARACTERISTICS AND VEGETATION OF THE
SITE AND IS COMPATIBLE IN SCALE AND USE TO THE SURROUNDING NEIGHBORHOOD. ALTHOUGH
THE SITE IS PRESENTLY ZONED FOR RU4 use, THE TIGARD LAND USE PLAN RECOMMENDS
THE PROPERTY BE REZONED FOR GENERAL INDUSTRIAL USE, M-3 AND I\4°.40 THE PROPOSED
COMMERCIAL OFFICE PARK IS A PERMITTED USE IN AN M-4 ZONE, THUS IT COMPLIES
• WITH THE TIGARD LAND USE PLAN. OF THE PERMITTED USES IN M-3 & M-4 zoNEs,
THE PROPOSED PROJECT IS THE MOST SUITED FOR THE NEIGHBORHOOD, IN SCALE IN ITS
POTENTIAL TO PRESERVE 711E SITE, ITS ENVIRONMENTAL IMPACT AND IN PROVIDING A
PUBLIC NE.ED.
LISTED BELOW ARE METHODS WHICH THE OWNER AND DESIGN TEAM WILL uTiLize TO
• . ACHIEVE THEIR PRIME OBJECTIVE
•
A. 13V PROVIDING A 50 FOOT BUFFER OF LANDSCAPED FOREST ALONG S. W. 72ND
STREET AND A MINIMUM OF 15 FEET ALONG TI-IE REMAINING THREE SIDES.
13. t3Y MINIMIZING 'VEHICULAR ACCESS TO S. W. 72ND STREET, PROVIDING A BUS
'TURN•"OUT LANE AND WAITING SHELTER, ASSISTING IN PROMOTING USE OF MASS
TRANSIT FOR EMPLOYEES OF THIS PROJECI4AND OTHERS AND ASSISTING IN THE
DEVELOPMENT OF PEDESTRIAN CIRCULATION ROUTES ALONG S.W. 72ND STREET,
O. BY DBvELopiNG FLEXIBLE INTERNAL VEHICULAR CIRCULATION ANb PARKING SYSTEM
o BASED ON PRESERVING THE MAXIMUM NUMBER OP EXISTING TREES, AND BY PROVIDING
LANDSCAPED ISLANDS AROUND THE EXISTING TREES WITHIN THE PARKING AND DRIVEWAY'
AREAS.
b„ BY SUPPLE mENTiNG THE EXistING LANDSCAPING WITH NEW PLANT MATERIALS SUCH
AS REPLACING UNDEsIREABLE UNDERBRUSH WITH Ri-10130DNORtNS ETc.
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E. BY DEVELOPING A 0LticibLE PLANNING ANb STRUCTURAL MobULE Poll THE BUILDING
WHICH ALLOWS 000 THE INTRODUCTION o0 PERIMETER ANb INTERIOR LANDScApED
COURTYARDS AROUND EXISTING
Y•
SUPPORTING THE BUILDINGs ON COLUMN FOOTINGS Pô011NG WUIOH MINIMIzeg THE
DISTURBANcE 00 THE NATURAL VEGETATION.
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9. PLANNING CONCEPTS: (coNTINuED)
G. SY REDUCING THE LENGTHS OF UNBROKEN BUILDING WALLS, BY MAINTAINING A
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MAXIMUM OF TWO STORIES IN BUILDING HEIGHT AND BY PROVIDING SLOPING ROOF
FORMS, THE STRUCTURES WILL MAINTAIN A COMPATIBLE SCALE RELATIONSHIP
WITH THE NEIGHBORHOOD.
H. BY PLANNING PEDESTRIAN WALK AND BICYCLE-JOGGING PATHS AROUND EXISTING
TREE LOCATIONS.
,
10 TO FURTHER THE PROJECT'S COMPATIBILITY WITH THE ADJACENT RESIDENTIAL,
NEIGHBORHOOD, WOOD WILL BE USED IN A NATURALISTIC MANNER FOR THE FRAMING
AND EXTERIOR MATERIALS OF THE BUILDINGS o
. , 10. APPLICANT'S MARKET ANALYSIS OF PROPOSED USE:
OWNER'S SURVEY 05 THE MARKET FOR COMMERCIAL OFFICE SPACE IN THE TIGARD AREA
REVEALS THAT, WHILE A SUBSTANTIAL AMOUNT OF THIS OFFICE SPACE HAS BEEN DEVELOPED
BY CORPORATIONS AND OTHER BUSINESSES FOR THEIR OWN USE, PROVIDING VERY LITTLE
OFFICE SPACE FO Fi GENERAL AVAILABILITY TO OTHER TENANTS. SUCH SPACE THAT HAS
•
BEEN PRODUCED HAS BEEN LEASED READILY, AND CURRENT VACANCY FACTORS IN SUCH
SPACE IS ALMOST NONEXISTANT. DETAILED INFORMATION ON OFFICE SPACE CONSTRUCTION
AND OCCUPANCY IS ATTACHED AS EXHIBIT "A". EASED ON THIS IVIARKEV ANALYSIS, IT IS
THE INTENTION OF THE OWNERS TO DEVELOP THE PROJECT IN APPROXIMA l'ELY FOUR PHASES
01-!5R A PERIOD OF FOUR YEARS. THIS WOULD OLACE ON THE MARKET APPROXIMATELY
To 30,000 SQUARE FEET OF COMMERCIAL OFFICE SPACE DURING EACH PHASE.
OUR STUDIES OF THE AREA INDICATE THAT THIS SPACE CAN BE READILY ABSORBED BY
PRESENT DEMAND.
11. PROPOSED OWNERSHIP PATTERN:
'THE OWNERS or4' THE PROPERTY FOR THE PROPOSED TIGARD OFFICE PARK INTEND TO
DEVELOP AND LEASE THIS PROJECT FOR THEIR OWN AccouNT. IN ORDER TO OBTAIN
FLEXIBILITY' AND MAKE THE SPACE AVAILABLE TO AS MANY PROSPECTIVE TENANTS AS
POSSIBLE§ ONE OR MORE OF THE INDIVIDUAL BUILDINGS MAY BE SOLO TO TENANT USERS.
IN sUcH CASE, A PROPERTY OWNERS ASSOCIATION WILL BE FORMED WHICH WILL OWN
ALL or THE COMMON ELEmENTs OF THE PROJECT INCLUDING THE LANDSCAPED AREAS,
bRIVEWAYS, AND COMMON WALKS.
12. OPERATION AND MAINTENANCE PROPOSAL:
ti-15 OWNERS or THE TIGARD OFFICE PARK WILL MANAGE AND MAINTAIN ALL OF THE
FACILITIES IN THE PROJECT. IN hr'HE EVENT or DIVERsIrclo oWNERsHIP, AS INDICATED
IN THE PRoPosED OWNERSHIP PATTERN THE PROPERTY oWNErksi AsSocIATION so
EsTAbLisHED WILL BE REsPoNsISLE FoR THE UPKEEP AND MAINTENANCE OP ALL or 1-m
COMMON AREAS INCLUDING, BUT NOT LIMITED To 1...ANDScAPIED AREAS AND ROADWAYS.
. 4
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CAMPBELL~YOST GRLJBE 8 PARTNERS
4 ARCHITECTS PLANNERS r) "914
2040 S.W.Jefferson Street Portland,Oregon 9720
C
ItC ARD
TRANSM1TTAd.
FEBRUARY 6 7 267
Date. 1 g Project No.
TIGARD OFFICE PARK
Project •
Address 72ND & VARNES STREET, TIGARD, OREGON
• To:
"WINK" BROOKS PLANNING DIRECTOR
CITY OF TIGARD
.p'
122420 S. W. MAIN STREET
' F 'TIGARD t OREGON 97223.
• We are sending the following material herewith 2 Under separate cover
By messenger
No of Set Sheet
Copies Description of item or Doc, No, Dated Action Requested
• [ MEETING MEMo 2-4-74 FOR YOUR REVIEW & '1LSS'
�. ZONING ORbINANCE REVIEW F4oR. • SUR USE,
•
Sent by
Our messenger — Your messenger
Mail j 5x less
p 5 � CJ
Other —, By bON.PUbE1 AUG
.k.,,,;,.1,-0),
1
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,... ....
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WITH 'TIGARD PLANNING . • .
. 1
. ''.... I ,1
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TELEPHONE /1 WINK i 0-143.291R NUMBER 267 DATE_ 2-4-74
- TIGARD D1REcToR or PARK
. • CONFEAENCE - NicK HEIBERT - V
PuBLic VoRKs PROJECT 'TIGARD OFFICE r-
SUBJECT CITY REQUIREMENTS
1., CONCEPT:
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. * ExTERIOR CIRCULATION sYSTEm LOOKS GOOD. PROVIDE ONE ACCESS To 72ND @S„ W. CORNER AND
ONE To VARNES. IF SUBDIVIDING is A posSIBILITY, THEY AbvisE THE ficoNoomiNiumil APPROACH
,.
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WITH PARKING, ciRcULATioN AND COMMON AREAS MAINTAINED UNDER ONE OWNERSHIP. This
.
, APPROACH ELIMINATES THE NECESSITY oF DEDICATING STREETS TO CITY AND "LANDLoCKING" PARCELS.
. .....
1, ..,
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- . 2. UTILITIEs:
. ... SToRm DRAINAGE - TO OPEN DITCH ON 72ND OR OBTAIN PERMISSION FROM STATE HIGHWAY
. ,
DEPARTMENT TO DRAIN ALONG FREEWAY.
.•% ,
SANITARY SEWER - TO MANHOLE ON 72ND0APPRokIMATELY 600 FT. SOUTH OF S.W. CORNER OF
. .
PROPERTY OR TO MANHOLE APPROXIMATELY 400 FT. EAST OF S.E. CORNER OF PROPERTY.
WATER - ADEQUATE SUPPLY ALONG 72ND,HoWEVER SHOULD CHECK WITH METGER OR TIGARD
WATER DISTRICTS FOR AVAiLABLE FIRE FLOW. ::.,
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, . 3. E'AsEmENTs, sETBAcKs, EUFFERs, STREET ImpRoVEMENTs: .
, .
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S.W. 72ND WILL PROBABLY BE WIDENED FROM PRESENT 40 FT. R.O.W. TO 00 FT. R O.W.
.. „
, 25 to 30 ,r.r. OF EXTRA WIDTH WILL HAVE TO COME FROM EAST SIDE: OF STREET SINCE IT IS
..,,..,..,
PRESENTLY UNDEVELOPED. IN ADDITION, I 40 irO 50 Fooir BUFFER WILL BE REQUIRED ALONG
'...',,.. .' 72ND. LOOK FOR PROJECT TO HELP PAY FOR STREET IMPROVEMENTS FOR VARNES ST. AND
72ND ST. POSSIBLY STORM SEWER FOR LENGTH OF PROJECT ALONG 72ND AND PEDESTRIAN
. .
WALK WITH CURS.
, ?I
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4. MASs `TRANsITt PkCsit:NTLY NO BUS SERVICE ON 72ND, HOWEVER COMMUNITY HAS BEEN ASkING
. , FOR IT POSSIBLY WITH DEVELOPMENT OF PROJECT AND INCLUSloN OF BUS STOP AND SHELTER;
.. .
sERVIcE MAY EIE otiTAINED. D.L.P. To mEtt WITH EL) WAGNER OF TRI,-MET ON FEBRUARY 7
. •
19'74, TO DISCUSS TRI-MET PLANS FOR FUTURE,
. ,
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5„ FIRE FIGHTINGt
, .. SEE Jot Gou'utcH - TuALAttN FIRE tpillitct. IROVIbE MAXIMUM 250 FEET rtiOM ANY POINT
IN BUILDING TO FIRE HYDRANT'.
6, 12Nt) Sr, INTERCHANGE'
Mk a HEIBERT PEELs ANY CHANGE AT vNTERCHANGE 'IS HIGHLY UNLIKELY IN THE NEAR rLITUFE.
. .
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DE DEVELOPMENT or SECONDARY ARTERIALS To TIOAIID 18 MOVING VERY SLOWLY At 11-1IS TIME,.
. ,• .
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7, PARKING ktouIREMENTS;
WIDTH 201 + 24° + 20° --t. 64 PT. MIN.
- - 1,
DE'O STANDARDS GOVEliNe
, 1:1166611
IDISTHIOUTION,. , _..__, ,...,.._ ... ..,...., , , , . -.,- , . Gt't.1,Ig
' .. 4, • AN
■+
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:0,4,40,1,04.i
WO,8W Join 1.?011ightl titHcPri DPW a 60ti.;21.O . 1?1:10,1,,,.,
....._ .
—1•InimiiMilia•wmmior1aio-- --—imiiiiiiiiIiiiiiiiill
•
WITH
. .. Y ELEPE-iONE
NUMBER._. DATE
I
• r.i..�—�
INSPECTION � ._..�..._, SUE3JECT•
8 SUGGESTIONS:
HAVE INFORMAL MEETINGS WITH PROPERTY OWNERS IN AREA TO I•,i='ORM 'THEM OF PROJECT,
SOLVE VEHICLE VS. PEDESTRIAN TRAFIF1C PROBLEMS -° THIS WILL SE MAJOR CONCERN OF
NEIGHBORI-IOOb.
CONSIDER TOTAL DEVELOPMENT, INCLUDING KEN BUNN PROPERTY TO THE NORTH ANb EXISTING
STRUCTURES TO THE EAST, DESIGN ACCESS, CIRCULATIOI' 1LJ' IL.ITIES, ET c. AS PACKAGE.
•
•
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• •
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ZONE CHANGE - CONDITIONAL USE - VARIANCE - TEMPORARY USE - NONCONFORMING USE
• : REQUESTS
APPLICATION File
Fee Received.
.•
Receipt #
TIGARD PLANNING COMMISSION 639-4171 Date Received
41001.1.91.0..u•I■AsmonsetaunaN”Makalor,06.1000Wit4.041ula
12420 S6W0 Main S reet, Tigard, Oregon 97223 By
•
PLEASE PRINT IN INK OR TYPE
Zone Change from RU-4 to M-4, PD
Action Requested •
Applicant's Name ...flej:oher, HansPO & ParSens , Phone 3.22
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Applicant's Address 1750,,S. W. Skyljne, suite 1?0, Portland, Oregon 97221
• (Stteet) (City) (Stat ) (Zip)
lavner°8 Name Eimus We Ileattv phcne 244-4700
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Owner's Address u431 S.W. Pomona Ste , Portland,Oregon 97219
(Street) (City) (State) (Zip)
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Applicant is g Owner Con•tract Purchaser X Developer ,Agvnt. _ Other
Owner recognitiort of oPPlicatLot 714!: e424414" 0../.:4?4,=- • • —
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Signature of Owner(s)
• Person responsible for applicationu ilobe.r.4, 11..,,Fletcher
1760 S, W....113.11jne, Suite 120, Portland, Oregon 97221
(Street) (City) (State) (Zip)
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PROPERTY' INVOLVEDu Tax Map 2S 1 10 Tax Lot(s) 900
Address S4E, Corner S.W. 72nd Avenue and S.W. Varns St. AC a 9.36 (Acres)
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Existing Buildings (# and type) Hone
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Undevelooed forest
Current Zoning RU-4 , Current LL.ie
• OW..**ieor .02**17.00...1.6•10bamow.....MaWN4.046114.0.060.,....044W.111.•100.0.4640 /61/4
Applicant's Applicant's
Proposed Zoning 114 pp
Proposed Use .11f.11P
• SUBMISSION REQUIREMENTSs itepott, # .
' , Iralanot Requirements
. Daacription Vicinity Map
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101t Map OSite Developmoilt Plan
EiSite Plan
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ZONING APPLICATION file
Receipt
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City of 'lizard. Planning Department 639-ha71 Date,
3.24ao S.W. Main. Street,p Tigardp Oregon 97a23
PLEASE PRIM IRK OR TIP111
. Elmus W. Beatty and
Applicant);s-Name Fletcher , Hansen &,,.parsons . ?hone,
Applicantcs Address_aa15 $ • • RiaUrncia.MIZIOL.MACWIRIM
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Portland Oregon 97221
.loplicant is: OVAer)( Contract Cmzer X Daveloper LEP:It Other
Date of Applicant February 13, 1974 sit ure of outer (s) Fletcher, 11.01,e & 'arsons
000,:e fjoel 1,0,00 grip
Robert .
EIrnOs ••••
For Additional
Robert M. Fletcher
Informationp please contsict
Address 1750 S. W. Skyline, Suite 1206 Portland, Oregon 97221 ..pone,..292-0761
• ila=0.114gaznt.....ZIWIZ,V1767.3/Wava&z..... .zitrt.A041e'
PROPERTY INVOLVaD
. molh 2S 1 10 vitax Lab (6) 900
areusikagneatmatiii.iiir......aisOlsoinaristaxtotiaggsecroftiortmisiu
LAtj't 1 and 2, Varns Acres
• . Address S, E. Corner S. W. 72nd Avenue and S. W. Varns Street
• Atta 9,36 (Acres) st.:1:sting Buildings ( o and Type) None •
Present Zoning RU 4 Use•Proposal Zo Zone
• ‘• ate ': Tiegz d g igArd .X Metzger „ Water District
Administered by Tigard
APPlidaAtla
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GINTHER ENGINEERING, INC.
lilynNGINEERsi PLANNERS/SURVEYORS
. 1 1111017 CITY OF TIGARD
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WASHINGTON COUNTY
' I CONTRACT DOCUMENTS
FOR THE CONSTRUCTION OF
VARNS STREET IMPROVEMENT
CONSISTING OF:
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ADVERTISEMENT FOR BIDS
INFORMATION FOR BIDDER
..,. .:,....„ , PROPOSAL
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/2 BID BOND
1: ' \ CONTRACT
'' PERFORMANCE & PAYMENT BOND
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GENERAL CONDITIONS
GENERAL REQUIREMENTS .
1: PAYMENT
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i ENGINEER:
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GINTHER ENGINEERING, INC.
3800 S.W. CEDAR HILLS BLVD.
SUITE 276
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BEAVERTON, OREGON 57005
OWNER:
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4/ e CITY OF TIGARD
L. '
. 12420 Saw. MAIN
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TIGARD, OREGON 97223
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6'EGoN 4'25.49
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. . PROJECT NO 398-2-78 COPY
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TABLE OF_ CONTENTS
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ADVERTISEMENT FOR BIDS
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INFORMATION FOR BIDDERS
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i PROPOSAL
BID BOND
CONTRACT
PERFORMANCE AND PAYMENT BOND
GENERAL CONDITIONS
TERMS
DRAWINGS AND SPECIFICATIONS
CHANGES IN THE WORK AND CONTRACT PRICE
/ SUSPENSION OF WORK
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MEASUREMENT AND PAYMENT
INSURANCE
INDEMNIFICATION
k 'r GUARANTY
GENERAL REQUIREMENTS
PROJECT DESCRIPTION
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SITE CONDITIONS
PUBLIC SAFETY AND CONVENIENCE
SCHEDULING
PRESERVATION, RESTORATION AND CLEANUP
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PAYMENT
PAYMENT
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—.. ... .ua y,.an wewc+V •+4 law?s.a • . - - —:"!, 15.1 _''..0 r , W 0 ..,r M1.. NC4Y,(KJy:
'Flaw. 1 e
ADVERTISEMENT FOR BIDS
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Sealed proposals for the construction of Varns Street
Improvement will be received by the City of Tigard at the City
. 1Manager ' s office at 12420 S.W. Main, Tigard, Oregon,
until local time on
and then will be publicly opened and read.
The work consists of approximately 650 feet of street
improvement as shown on construction drawings dated October ,
1 1978 . The project is entirely within City of Tigard Street
right-of-way.
Contract documents may be examined and obtained at the
office of Ginther Engineering, Inc. Engineers & Planners, 3800
S.W. Cedar Hills Blvd. , Suite 276, Beaverton, Oregon.
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Bidders must be prequalified with the City of Tigard. 1
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IIProposals must be made upon the proposal forms bound in the-
contract documents, and must be accompanied by a certified
check or bid bond payable to the City of Tigard in an amount
not less than ten percent (10%) of the total amount bid.
, The City of Tigard reserves the right to reject any or all
proposals, waive any information, and to accept the proposal
that best serves the interest of the City.
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INFORMATION FOR BIDDERS
Form of Proposal: The Proposal is on a unit price basis. The
quantities stated in the Proposal are approximate and given as
a basis of calculaEion upon which the award of the contract may
be made. Payment to the contractor will be made on the
measurement of work actually performed by the contractor as
LIspecified in the Contract Documents. The owner reserves the
right to increase or decrease the amount of any class of work
as may be deemed necessary. If such increase or decrease in
, quantities exceed twenty percent (20%) of the total quantity
_., indicated in the bid documents, either the owner of the
. 1Contractor may request that a change order be negotiated.
Examination of Work Conditions and Contract Documents: It is
Understood that the bidder , before signing his proposal: has
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made a careful examination of all conditions pertaining to the
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. I work and of the contract documents; has fully informed himself
as to the quality of materials and character of work required;
and he has made a careful examination of the location and
condition of the work and the Sources of Supply for materials,
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Site Conditions: Bidder shall inspect the site with special
attention directed to conditions of work. Failure to do so
will not relieve the successful bidder of his obligation to
enter into a contract and complete the contemplated work in
strict accordance with the contract documents.
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Subsurface Conditions: Test pits or test holes have not been
excavated in the area of this project. . Bidder shall make his
own investigation and analysis of subsurface conditions.
• Substitution of Materials: Except for equipment selected by
the Owner, whenever any material, construction method, product,
IL or process is specified by manufacturer, proprietary name, or
catalog number , such specification shall be for establishing a
standard of quality and for facilitating the description of the
material or process desired. This procedure is not to be
construed as eliminating other products of equal or better
quality when these products are fully suitable for the proposed
application. References to all such proprietary items shall be
• deemed to be followed by the words "or as approved" or "or
approved equal. The Bidder or his supplier may submit
complete data to the Engineer for consideration of another
material, construction method, product, or process which shall
be substantially equal to that specified. If approval is
indicated by issuance of an AddendUm accepting the item as
suitable substitute, the item may be used in compiling the
bid, No substitute products shall be used unless approved ih
this manner,
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kL Document Interpretation: The Contract Documents are intended
[I to provide all details reasonably required for the execution of
the proposed work. Any person contemplating the submission of
a proposal and being in doubt as to the meaning or intent of
said Contract Documents should request of the Engineer, in
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writing , an interpretation thereof. Any interpretation or
change in said Contract Documents will be made only in writing,
and a copy of such interpretation or change will be mailed or
delivered to each person receiving a set of the documents. The
Owner will not be responsible for any other explanation or
U interpretations of said documents.
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• Preparation of Proposals: Proposals shall be submitted on the
Proposal forms that are contained within these documents. All
blank spaces in the Proposal form must be filled in, in ink, in
Iboth words and figures where required. No modifications shall
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. 1 Any proposal shall be deemed informal which contains omissions,
erasures, alterations, or addition8 of any kind, or prices
iuncalled fore or in which any Of the priceS are obviously
, " I unbalanced, or which in any manner shall fail to conform to the
conditions stated in the Advertisement for Bids and the
Information for Bidders.
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The Bidder shall sign his Proposal in the blank space provided
therefor. Proposals made by corporations or partnerships shall
contain names and addresses of the principal officers or
] partners. If the Proposal is made by a corporation, it must be
acknowledged by one of the principal officers thereof, or if
made by a partnership, by one of the partners.
Bid Security: Proposals must be accompanied by a certified
check drawn on a bank in good standing, or a Bid Bond issued by
a surety company authorized to issue such bonds in the State of
Oregon, in an amount not less then ten percent (10%) of the
total amount of the Proposal submitted. This check or bid bond
shall be given as a guarantee that if awarded the contract for
Econstruction of the project, the ruccessfUl Bidder will execute
the attached Contract and furnish a properly executed
Performance and Payment Bond in the full amount of the contract
LIprice within ten (10) calendar days after notification of
acceptance.
The Owner reserves the tight to retain the bid security of the
three (3) lowest bidders until the successful Biddet has signed
and delivered the Contract and furnished the required
Performance and Payment bond. Upon failure of the loWest
bidder to sign and deliver the Contract and said bond, the
second bid may be accepted by the Owner; and upon failure of
the second bidder to provide the required documents, the third
bid may be accepted.
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Bid securities will be returned after the canvass of bids,
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except those of the three (3) lowest bidders, which will be
retained and returned within seven ( ) days after the Contract
has been executed or other disposition made in accordance with
the provisions stated herein.
Submission of Proposal: All proposals must be submitted prior
.,i to the time and at the place prescribed in the Advertisement
for Bids. Proposals shall be submitted in a completely sealed
envelope addressed to the Owner with the name of the bidder,
the name of the improvement for which the Proposal is being
submitted, and the time and date of the bid opening plainly
written on the outside of the envelope.
Modification or Withdrawal of Proposal: Bids may be withdrawn
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or modified at any time prior to opening upon written or
telegraphic request of the Bidder. A request for modification
should not reveal the bid price, but should indicate the amount
of increase or decrease the Bidder wishes to make in a bid item
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, or a total bid. No bid may be withdrawn after any bid has been
opened.
_Rejection of Bids: The Owner reserves the right to reject any
and all bids. Bids may be rejected if they show any alteration
of form, omissions, conditions or alternate bids, irregularities
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of any kind, a clause in which the bidder reserves the right to
accept
P or reject a contract awarded to him, or i f they are not
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in conformity with the law. Bids in which prices are obviously ,
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unbalanced may be rejected.
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1 Award of Contract: Within thirt (30) calendar da s after the 1,
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opening, the Owner will aocePt <2Litof ' alfor will
reject all proposals. The acceptance will be by notice, in ,
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1,, writing, mailed or delivered to the office designated on the
, Proposal.
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• Basis of Award: The contract will be awarded to the lowest ,
responsible bidder which in the Owner ' s judgment will best
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t serve the interest of the Owner. The Owner reserves the right
to accept or reject any or all proposals, and to waive any
informalities or irregularities.
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Performance and Payment Bonds: Any bidder submitting a
proposal accepted by the Owner shall file with the Owner, at
the time of execution of the Contract, a Performance and 1
, Payment Bond of the form bound herewith in the full amount Of
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the Contract and the payment of all persons supplying labor and
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materials for the construction of the work, and to cover all
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guarantees against defective workmanship or materials, or both,
for a period of one (1) year after the date of final acceptance
of the work by the Owner. The surety company furnishing said
bond shall be authorized to do business in the State of Oregon, I:
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and shall have a record of service satisfactory to the owner.
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The Attorney-in-Fact (Resident Agent) who executes the bond
must file wich each bond a notarized and effectively dated copy
of his Power of Attorney.
Execution of Contract: Any bidder submitting a proposal
accepted by the Owner shall,, with' n ten (10) days after
receiving notice of award, execute the Contract, the form of
which is hereto s ereto attached; and shall furnish to the Owner the
Performance and Payment Bond. If the successful bidder fails
to execute the Contract and furnish the bond, the bid security
s1-111 be forfeited as 'liquidated damages.
I_ Time of Completion: The bidder agrees to complete the project
within thirty (30) consecutive calendar days after the date of
U the Notice to Proceed,
Payments: Payment for the work performed will be made by the
Owner at the completion of the project as specified in the
"General Conditions.
, Liquidated Damages: If the Bidder is awarded the cont t. and
fail to complete the work within the Time of Completion
4 specified in the nformation to Bidders, liquidated damages
shall be paid to the Owner at the' rate of One Hundred Dollars
($ 100. 00)' per day for all work awarded under this contract
until the work is complete. Sundays and legal holidays shall
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be excluded in determining days in default.
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PROPOSAL
For Varns Street Improvement
To - City of Tigard
[.1 12420 SW Main
Tigard, Oregon 97223
The undersigned, hereinafter called the Bidder , declares
that the only person or parties interested in this proposal are
those named herein; that this Proposal is, in all respects,
fair and without fraud; that it is made without collusion with
any official of the City of Tigard, hereinafter referred to as
Owner; and that the Proposal is made without any collusion with
any person making another proposal on this Contract.
The Bidder further declares that he has carefully examined
fl the Contract Documents; that he has personally inspected the
U. that he has satisfied himself as to the quantities
involved, including the fact that the description of the
quantities or work and materials , as included herein, is
approximate and is intended only to indicate the general nature
of the work and to indentify the said quantities with the
detailed requirements of the Contract Documents; and that this
Proposal is made according to the provisions and Under the
terms of the Contract Documents, which Documents are hereby
made a part of this Proposal.
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The Bidder further agrees that he has exercised his own
judgment regarding the interpretation of subsurface information.
The Bidder agrees that all of the applicable provisions of
Oregon Law relating to public contracts (ORS Chapter 279) are,
by this reference, incorporated in and made a part of this
— Proposal.
The Bidder further agrees that if this Proposal is
accepted, he will, within ten (10) calendar days after
notification of acceptance, execute the Contract with the Owner
in the form of Contract annexed hereto; and will, at the time
• of execution of the Contract, deliver to the Owner the payment
and Performance Bond required herein; and will furnish all
machinery, tools, apparatus, and other means of construction
and do the work and furnish all materials necessary to complete
the work in the manner, in the time, and according to the
• method as specified in the Contract Documents and required by
the Engineer thereunder.
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:, i. , The Bidder agrees to commence work on or before the 10th
day following the issuance of a "Notice to Proceed" by the
Owner and fully complete the project within thirty (30)
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consecutive days after the date a earin on the Notice to
Proceed.
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The Bidder f urther proposes to accept as full payment for
the work proposed herein the amounts computed under the
provisions of the Contract Documents and based on the following
• unit prices, it being expressly understood that the prices are
° independent of the exact quantities involved. The Bidder
, agrees that the prices represent a true measure of the labor
and materials required to perform the work, including all
allowances for overhead and profit for each type and unit of
'work called for in these Contract Documents.
The amounts shall be shown in both words and figures. In
case of a discrepancy, the amount shown in words shall govern.■
, i Item Quantity Unit Figures Unit Price or L.5• (words) Total Amount■
Street
,A.C. Paving
2,500 Ely
Level Course
C
2 5 5 0 S 1(J
$ • . r . • . • a • . r . • i 'e . • i • a ♦ •
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Base Course
2,550 S�7-+� $ . e • . . • e a . e . • i . • • r • . i . r • s $ . . . n • o • • s . w
Excavation
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j 8 5 0 CY $ „ „ „ „ „ ,, „ „ „ „ ,„ „, „ „ „ ,, „ „ „ , „ „ . . . $ Ii. • • U 6 0 0 O • .. • s
Curbs 1,085 iii. $ . i4 . . . . . . . . . . . . . . . . . . . . • . . . a $ • 0 r 60 0. . . . . .
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Sidewalks
1,085. 1F
► e a u • o i • e • i . i ► r i i . i G • . i w r • • e •Clearing
1 LS $ i3 . . . .i 0 . Y . • i i I. . . . a .s . . . . . . . .•Y. $' . . . w' 0. . . • • • . .
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Item Quantity Unit Figures Unit Price or L.S.. (words). Total ,AMount 1 ':
U Storm Drainage
CiLvert Installation
10" CCP 75 LF $ i 444 44444 4 4 as a doe 4 oo 4 woos 4 $ . 444 444 44 4 . 4 1! :
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Drainage Ditch Improvements'
. _ 1 LS $ . . . . . . • 0 • I • II • 0 • • 1• • • • • • i • • •1' '
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10" Concrete Drain Pipe '
268 LF $ 11'
. . . . . . . . . . . . . . . sew . . ses. $ eoreo •. . .. .. • ellfo 1, '
Bedding P268 LF $ 44 . 444444i 0 0 0 41 ■ 0 ' cacao 's 's .. . 4 $ 44446 II
Excavation & Native Backfill (0-8 ' Deep) ..
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28 LP $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
L.. k
Excavation & Select (3/4"-0) Backfill (0-8 ' Deep)
240 LF $ . • . . . • . . . . . . . . asoi 4 0 6 0 ■ ■ 0 0 ■ 4 4 oar 4 asieo o • 0
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Standard' Catch Basin
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• 2 EA $ 44 . El 0 0 ' , ■ 0 0 ■ 0 4 ' • 4 • 4 $ 4 DS 44, 444 4 4 • 4 .,
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. Connect to Existing Catch Basin
1 LS $ 44 . 444444444444444444444 $
4 4444444 . 444o
• Existing C.B. Reconstruction '
1 LS $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • $ . . ir a 4 4 44 • 14 4 ''
...
E, a....Lii..tELseyfr ,
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. . 8" Concrete Sewer Pipe
570 ' LF $ . . . . . . . . . a 4 . 4 4 4 as is 4 la la Si a 4 * 4 4 4 is 4 $,4 4 4 4 4 4 is 0 8 0 a
4" PVC (tatetal8)
: •. 90 Lr $ 44444o
is ' ° - 4 isisisis 444444 4 4 61, 1■ 6 $ 666661,46416erii
r'., .,
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i Bedding 660 LF $ . . . . 44 44 4 4 4 ' ' 44 4444 4 4 . 1. 4 $ 444 0 ■ a 640144
EXCaVatiejt & Select (3/4' -0) Backfill (0-8 ' beep)
. 1 410 LP $ arib ■ 0 ■ 0 0 0 I 4 414 4 is 4 l 4 issaiii4, 4444 4 444 $ 44 . 44 • 4 44 is4 4'
4 1 ' Excavation & Select 3/4 -0 BaCkf ,i 1 (8-10 Deep)
15 LP $ ii ii i .1. o at 4e 46404 I 444 4 44444444 44444 $ 4414;4444 444 4
ri
.., ... ,„' Excavation & Native taokfi11 (0-8 ' Deep)
.2. ., , , 30 LF $ 4 4 4 I is al 1 ii 4 4 i 4 • is 1 4 4 iii 4 • 4 4 4 4 ii • 4 4 4 4 4 $ 4 4 4 • is 4 ii is 4 is 4 4
Excavation & Native Backfill (8-10 ' Deep)
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205 LP $ . . . . iiii oia 44 4iii 4 iiiiisie 44414 44 4 4 4444 $ 444144444444 as
. , , 8tandard Mill,
. 2 tA $ 444414 4414444 6444i 44 44 '444044444 $ 44444' 44144 4 4
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Item Quantity Unit Figures Unit Price or L.S. (words) Total Amount
• •-"'--�-..-� �. t.. ..r .mow,;.... ,
Sanitary Sewer
Connect to Existing M.H. 1
1 LS $ $ j
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Tees (8" x 4")
Clearing & Surface Restoration
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i 1 LS $ . . , . . . . .. • •. . • •. . • . $ . . • • •. r . . • . • • !;.
TOTAL $ . . . • • • • • r
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It is agreed that if the Bidder is awarded the Contract for the
U. work herein proposed and shall fail or refuse to execute the
Contract and furnish the specified Performance Bond within ten
11 calendar days after receipt of notification of acceptance of his
Porposal, then, in that event, the bid security deposited herewith
according to the conditions of the invitation to Bidders and
rr Information for Bidders shall be retained by the Owner as liquidated
damages; and it is agreed that the said sum is a fair measure of the
amount of damage the Owner will sustain in case the Bidder shall
fail or refuse to enter into the Contract for the said work and to
furnish the Performance Bond as specified in the Contract
_. Documents. Bid security in the form of a certified check shall be
subject to the same requirements as a bid bond.
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If the Bidder is awarded a Contract on this Proposal, the Surety
who will provide the Payment and Performance Bind will
be whose address is
_._._.__._.._............................
.......,......
the address
which is
__.__________
STREET CITY STATE to which all
communictions concerned with this Proposal and with the Contract
shall be sent.
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The names of the principal officers of the corporation
submitting this Proposal, or of the partnership, or of all persons
interested in n this Proposal as principals are as follows:
_____ ,. ____
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(If Sole Proprietor or Partnership)
,.. . In witness hereto the undersigned has set his (its) hand
this day of 0 19
..........A.M...........................................6■.......**
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* . l °I.tURE OF BIDDER
(If Corporation)
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In it
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Whes5 whereof the Undersigned corporation has caused this
, nt . ,
instrumOnt to De executed and its seal affixed by its duly
, , 4, , this.
+ - aUtnorizea officer8 unis day of
19 .
.............„.....
IA NAME OF CORPORATION
By:
...., --............---------..
Title:
_____________
Attest:
-- -------..—............._---....------
Secretary
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•,,!' .v.-„•.... ..rr,.:..:...,I...».;..r _. ._._,.. .., .,._...»...-...,._....._,..... _.....,..... ,.n.. rt, rr._...,,......_.:__,1 _:v .... .......... .. ._.,.. . _.a vim_.. _
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that
;'; , hereinafter called the
PRINCIPAL and
PRINCIPAL, _____ , a corporation
J duly organized under the laws of the state of r
having its principal place of business at
,r [I in the state of
and authorized to do
business in the state of Oregon, as SURETY, are held and firmly
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bound unto the hereinafter called
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the OBLIGEE, in
, the penal sum of
dollars ($ ) , for payment
Ic of Which, well and truly to be made, We bind outselves, our
heirs, executors, administrators, successors and assigns,
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jointly and severally, firmly by these presents
THE CONDITION OF THIS BOND IS SUCH that, Whereas the PRINCIPAL
.'•, , herein is herewith submitting his or its bid proposal. for
said bid proposal, by reference thereto, being hereby made a
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part hereof.
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/- NOW, THEREFORE, is the said bid proposal submitted by the said
PRINCIPAL be accepted, and the contract be awarded to said
. 1 PRINCIPAL, and if the said PRINCIPAL shall execute the proposed
contract and shall furnish the performance bond as required by
,
• the bidding and contract documents within the time fixed by
141
said documents, then this obligation shall be void, if the
PRINCIPAL shall fail to execute the proposed contract and
furnish the performance bond, the SURETY hereby agrees to pay
.„ to the OBLIGEE the penal sum as liquidated damages.
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Signed and sealed this day of r 19 .
PRINCIPAL ---------
•
By
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SURETY
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By
• Attorney-In-Fact i
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(A certified copy of the Agent' s Power-of-Attorney must be
attached hereto. )
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-B8,-2-
F
CONTRACT
THIS CONTRACT, made and entered into, in duplicate, by and
between the City of Tigard, hereinafter called "OWNER" , and
'
hereinafter called "CONTRACTOR" for the project entitled:
' Varns Street Improvement
WITNESSET H:
THAT the said Contractor , in consideration of the sums to
be paid by the Owner in the manner and at the times herein
provided, and in consideration of the other covenants and
Uagreements herein contained, hereby agrees to perform and
complete the work herein described and provided for and to
furnish all necessary machinery, tools, apparatus, equipment
supplies, materials and labor and do all things in accordance
With the applicable plan , general provisions and the special
provisions bound herewith, and in accordance with such
alterations or modifications of the same as may be made by the
Owner and according to and within the meaning and purpose of
this contract. This agreement shall be binding upon the heir ,
„ executors, administrators, successors and assigns of the
Contractor.
THAT the contract documeht8, consisting of Advertisement
for Bids, information for Bidders, Proposal, Bid Bond,
Contract Performande & Pa' ment Bond General ConditionS
1 P
General Requirements and The Payment. Section, bound herewith
are hereby specifically referred to and by this reference made
a part hereof and shall by such reference have the same force
and effedt a though all of the same were fully written or
'4 inserted herein.
' a THAT the Contractor shall faithfully complete and perform
all of the obligations of this contract , and ift particular
fl shall promptly, as due, make payment of all just debts, dueo
demands and obligations indUrred in the performance of said
contract, and 8ha11 not permit any lien or claim to be filed or
prosecuted against the Owner , its agents or employees. It is
I expressly understood that this contract in all things shall be
governed by the laws of the State of Oregon.
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'` THAT in consideration of the faithful. performance of all of
'' the obligations, both general and special, herein set out, and
`f ' in consideration of the faithful performance of the work as set
forth in this contract and all general and detailed
p and plans which are a part hereof, and in
s ec�.facat�.ons a «
accordance with the directions of the Owner' s Engineer and to
his satisfaction, the Owner agrees to pay to the said
Contractor the amount earned, as determined from the actual
quantities of work performed and the prices and other basis of
payment specif ied, and taking into consideration any amounts
that may be deductible and under the terms of the contract and
to make such payments in the manner and at the times provided
in the applicable Proposal, General Conditions and Payment
Section.
r , IN WITNESS WHEREOF, WE, the parties hereto, each herewith
I subscribe the same as of the day of , 1978.
, L .............._CITY OF TIGARD
y
j, Approved as to Form:
By
11 Attorney -
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CONTRACTOR
Title
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, PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, and
duly authorized to—transact surety business in the State of
Oregon as Surety, are held and firmly bound unto the City of
Tigard, hereinafter called the Obligee, in the full and just
• s um ofDollars ($ )
for the payment whereof Principal and Surety bind themselves,
their heirs, executors, administrators, successors, and
[I assigns , jointly and severally, firmly by these presents.
WHEREAS, the said Principal herein has made and entered
into a certain Contract, a copy of which is attached hereto,
with the City of Tigard, which Contract, together with the
applicable plans, specifications, and schedule of contract
is
prices, by reference made a
• ,. � � y � �this part hereof, under which
Contract the Principal agrees to furnish certain materials and
to perform certain work consisting of:
The construction of 540 if of 34' wide residential
street improvement, 110 if of 24 ' wide driveway
improvement, 258 if of 10" storm sewer and 570 if
of 8" sanitary sewer ,
This Performance Bond shall guarantee the improvement
against defects in materials or workmanship for a
period of one
(�) wear
from the date of written acceptance by the City of
T g d cr its authorized representative.
NOW, THEREFORE, if the Principal herein shall faithfully
and truly observe and comply with the terms , conditions and Y
• •.� � provisions of the said Contract, u�:n all respects; shall Well
• and truly and fully do and perform all matters and things by
`m undertaken to be performed under said Contract, Upon the
performed P
terms set forth therein and within the time prescribed therein;
t : shall ,indemnify e the City of Tigard,
its
ts
officers , employees and agents, against any direct or indirect
damages of every kind and description that shall be suffered o
r
claimed to be suffered in connection With or arising out of the
er f ormance o f f Principal ....
p the said Contract by the said Principal or his
subcontractors; shall make payment promptly; as due to all
his subcontractors equipment,. ... cipal or
subcontractors and to all persons supplying he Principal to the
, supplies, labor or materials for
,� prosecution
shallwoak,al�: contributions thereof, provided for
• � said
pay or amounts due
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the State Industrial Accident Fund from said Pr nicpal or
subcontractors incurred in the perfoomance of said Contract,
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• pay all sums of money withheld from the employees of said
Principal and payable to the Department of Revenue pursuant to •
ORS 316.167; shall promptly, as due, make payment to any
person, copartnership, association or corporation furnishing
medical, surgical, and hospital care or other needed care and
attention incident to sickness or injury to the employees of
such Principal of all sums which the Principal collected or
deducted from the wages of his employees pursuant to any law,
contract or agreement for the purpose of providing or paying
for such service; shall pay all other just debts, dues, and
demands incurred in the performance of the said Contract; shall
pay all other just debts, dues, and demands incurred in the
perfomance of the said Contract; shall pay the City of Tigard,
such damages as may accrue to the City under said Contract; and
shall in all respects perform said Contract according to law,
then this obligation is to be void, otherwise to remain in full
force and effect.
This bond is given and received under the authority of
Chapter 279, Oregon Revised Statutes, the provisions of which
are hereby incorporated into this bond and made a part hereof. -
, IN WITNESS WHEREOF, the seal and signature of the said
,
Principal is hereto affixed and the corporate seal and names of
said Surety is hereto affixed and attested by its duly
• authorized attorney-in-fact and agent at
II
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this day of , 19
N _ _
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r3y:
Principal
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Witness of Attest:
By:
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Attorney-in-Fact
• SURETY
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erSigned:
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Resident Agent
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GENERAL CONDITIONS
TERMS.
ABBREVIATIONS 6
AASHTO. American Association of State Highway and
Transportation Officials
ANSI. American National Standard Institute
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ASTM. .Socety of Testing and Materials
The numbers and letters
following the abbreviations denote the
serial designation for the specification or standard to which
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reference is made.
DEFINITIONS.
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Addenda * Written or graphic instruments issued prior to
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the e? ecution of the contract which modify or interpret
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the contract documents, drawings, and specifications, by
additions, deletions, clarifications, or corrections, that
become a portion of the contract documents. •
, ll.-� Cz t� -- City of T�:gard
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•., , ponds - Bid, Perforrt►ance and Payment Bonds, and other
instruments of security, furnished by the Contractor and
his surety in accordance with the contract. documents.
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Chan9e Order - A written order to the Contractor
authorizing an addition, deletion, or revision in the work
Within the general scope of the contract documents, or
authorizing an adjustment in the contract price or
contract time.
Contract Documents -- The contract, including Advertisement
for Bids, Information for Bidders, Proposal, Bid Bond,
Contract, Performance and Payment ,Bond, Gene.cal
Conditions, General Requirements and Payment Section.
Contract Price -- The total monies payable to the
Contractor under the terms and conditions of the contract
documents.
Contract Time The numbOr of calendar days stated in the
contract documents for the completion of the work.
i
Engineer - The firm of Ginther Engineering, Inc. and its
• authorized representatives.
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1/222.22t21 The person designated by the Engineer to
inspect the work. I
Notice to Proceed written communication issued by the
Engineer to the contractor autho `izin9 P, him to proceed with
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Project - The undertaking to be performed as provided in
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the contract documents.
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..., . Shop Drawings - All drawings, diagrams, illustrations,
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brochures, schedules, and other data which are prepared by
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the Contractor, Manufacturer, Supplier, or Distributor,
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which illustrahe how specific portions of the work shall 1
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'P be fabricated or installed.
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Work - All labor necessary to produce the construction
,,.
required by the contract documents, and all materials and ,
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equipment incorporated or to be incorporated in the I
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project. 1
Owner - City of Tigard
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ei., DRAWINGS AND SPECIFICATIONS.
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INTENT.
T,4, ', The Intent of the Drawings and Specifications is to enable
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CONFLICT
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In case of conflict between the drawings and
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If , 1 specifications, the drawings shall govern. Dimensions on
'zA4.1,
1 drawings shall govern over scaled dimensions, and deLailed
drawings shall govern over general drawings.
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DISCREPANCIES. 1
Any discrepancies found between the drawings ,
"-
1 specifications, and site Conditions or any inconsistencies
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11 or ambiguities in the draWings or specifications shall be
,
immediately reported to the Engineer in writing, who will i
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promptly correct such inconsistencies or ambiguities in
writing. Work done by the Contractor after his discovery
of such discrepancies, inconsistencies, or ambiguities
shall be done at the Contractor' s risk.
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CHANGES IN THE WORK AND CONTRACT PRICE
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WORK CHANGES.
$ A The Engineer may, as the need arises, order changes within
the scope of the work without invalidating the contract.
.,,,,..
If such changes increase or decrease the amount due under
the contract documents, or in the time required for ,
,
1
performance of the work, an equitable adjustment shall be
authorized by change order,
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CONTRACT PRICE.
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. The contract price may be changed only by a change order . The
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value of any work covered by a change order or any claim for an
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1‘:: , increase or decrease in the contract price shall be determ:n .1
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by one or more of the following methods in the order of
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1.) Unit prices previously approved.
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, 2. ) An agreed lump sum.
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( 3 . ) Force account. The actual cost for labor , direct
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overhead, materials , supplies, equipment, and other
i: services necessary to complete the work shall be
documented. That cost plus an amount equal to fifteen
percent of the actual cost to cover the cost of
general overhead and profit shall be paid to the
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Contractor.
SUSPENSION OF WORK.
The owner or its engineer utaY &fish-end the Work by giving writ
0 , ten notice of suspension to the Contractor when the Contractor
1 is ur4ing_Inaterial_which_does_not _cor).form. „to. _th_erequirements of
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#' 4 these contracE -d6cuments or is improperly petforming ehe work- and
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neglects or refuses to replace or reconstruct such work. The SUS' %
pension shall remain in effect until_ appropriate co_rrecions__
. . . .,
are made, A Aeview of the decision of the Owner or its
Engineer shall be made, upon request to the Engineer, within 48
.,....„,
hours of the initial suspension.
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MEASUREMENT AND PAYMENT.
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ft MEASUREMENT.
-' Materials and items of work which are to be paid for on
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„ the basis of measurement shall be measured in accordance
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'''''' with the methods stipulated in the particular sections ,
herein covering materials or types of work
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. , PAYMENT. ',
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, Upon completion of the project, the Owner, the tngineer
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and Contractor shall conduct a final inspection, With ,
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acceptance of the completed project, a pay estimate shall
be prepared and payment made to the Contractor. Any ,
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payment, however ,, final or otherwise, shall not release
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the Contractor or his sureties from any obligations under
the contract documents or the performance and payment bond. ,
INSURANCE.
GENERAL.
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The Contractor shall not commence the work until he has
I obtained such insurance as will protect hint from claims
,
set forth below which may arise out of or result from the
Contractor' S execution of the work, whether such execution
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be by himself or by any Subcontractor. Such Insurance
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shall be maintained for the length of the contract and ,
certificates of such insurance shall be subject to City
„.........................NO60...".............*............M......
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approval.
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ir GENERAL LIABILITY INSURANCE.
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Y1 This coverage shall provide for both bodily injury and
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''. property damage, including loss and use resulting ,..
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therefcom. The bodily injury portion shall provide for a
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- U limit of not less than $500, 000 for bodily injury,
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Or
0, sickness or disease, and disease of two or more persons in
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any one occurrence. r,
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The property damage portion shall provide for a limit of
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not less than $ 250,000 for all damages arising out of
14.
injury to or destruction of property of others arising 0
•I''' 1 directly or indirectly out of or in connection with the
re,
performance of the work and in any one occurrence. I"
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INDUSTRIAL ACCIDENT OR WORKMEN'S COMPENSATION INSURANCE. ,
Before commencement of the work, the Contractor shall have ,
obtained Workmen' s Compensation disability benefit, and other
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similar employee benefit acts, coverage fo all persons whom
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they employ or may employ for the execution of the work. This
,..- insurance shall be in strict accordance with the requirements
,.., of the most current and applicable State Workmen' s Compensation
;tie, Insurance laws.
,, .
''',.•'„ INDEMNIFICATION. .
:,...: The Contractor shall indemnify and hold harmless the City and
the Engineer , their officers, and employees from and against
all claims, damages, losses, and expenses including attorney' s
. ,.
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;`,‘ li fees arising out of or resulting from the performance of the
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are attributable to bodily injury, sickness, disease, or death, i
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u or to injury to or destruction of tangible property including
the loss of use resulting therefrom; and is caused in whole or
in part by any negligent or willful act or omission of the ,
,
Contractor and anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable.
. .,'.
GUARANTY.
The Contractor shall furnish high quality equipment, supplies,
i.:,..,
c4 r1,,, 11 and materials, and perform the work in accordance with these
contract documents. Any failure or omission of any City
inspector to condemn any defective equipment, supplies,
,...,-.
materials, or work shall not be construed as an acceptance
thereof nor release the Contractor from his obligations with
respect thereto.
.,,
The Contractor shall guarantee all materials and equipment
furnished and work performed for a minimum period of one year
.I..
from the date of final acceptance. The Contractor further
warrants and guarantees for a minimum period of one year from
the date of final acceptance of the system that the completed
,
system is free from all defects due to faulty materials or
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workmanship and the contractor shall promptly make such
.. . 1 corrections as may be necessary by reason of such defects
4.;.'
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including the repairs of, any damage to other parts of the
system resulting from such defects. The performance bond shall
. ..
' q remain in full force and effect through the guarantee period.
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GENERAL REQUIREMENTS
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0, PROJECT DESCRIPTION.
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ir:,.K, A brief description of the work to be done is contained in the
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„. 1 "Advertisement for Bids” . The full scope or particular
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i specifics of the project may be determined from these contract
'
„ documents or portions thereof.
0
ft UNDERGROUND UTILITIES.
The plans show existing utilities and structures located by a
-
search of known records. The acmiracy or complJteness of the ,
1 existing utilities and structures is not guaranteed.
CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE.
In areas where the Contractor' s operations are adjacent to or
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near a utility and such operations may cause damage which might
‘ i result in considerable expense, loss and inconvenience, the
operations shall be suspended until all arrangements necessary
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for the protection thereof have been made by the Contractor .
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The Contractor shall notify all utility officeS which may be '
1 '
affected by the Construction operation at least 48 hours in
advance. Before exposing any utility, the utility having
jurisdiction shall grant permission and may oversee the
operation. Should Service of any utility be interrupted, due
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to the Contractor ' s operation, the proper authority shall be
notified immediately. It is of the utmost importance that the
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4 Contractor cooperate with the said authority in restoring the
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...,;'-' service as promptly as possible. Any costs shall be borne by
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the Contractor.
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INTERFERING STRUCTURES.
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1,,k,,,ft The Contractor shall protect all existing structures from
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.„r damage. When existing structures must be removed or are
,.,
damaged due to operations, the Contractor shall restore such H
structures to original condition.
Remove and replace small miscellaneous structures such as
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,, fences, mailboxes and sign posts. Replacement of such 1
.:„.,
structures shall be as good or better as the original condition.
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1 Power poles will be removed or protected at no cost to the
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, City. All other poles shall be protected from damage by the
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Contractor. If interfering power poles , telephone poles, guy
wires, or anchors are encountered, notify the affected utility 1
minimum of 48 hours in advance of construction operations to
permit the beces8ary arrangements with the affected utility for
,
protection or relocation of the interfering structure.
4.., .....,
When any existing structures or facilities which are intended
., t ..
to remain are damaged by the Contractor , the contractor shall
promptly repair or replace the damaged structure or facility at 1
no additional cost to the city.
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'';''''' PERMITS ,
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The Contractor shall obtain all permits and licenses, and pay ,
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4,,/, any fees connected therewith, having to do with his
construction operations. -4
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The Contractor shall confine his operations to within the
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construction limits. Any damage to private property, either ,
...,
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.'.. , inside or outside of these aforementioned limits, shall be the ,4
responsibility of the Contractor .
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Before final payment will be authorized, the Contractor shall ,
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be required to furnish the City with written releases from
property owners where side agreements or special easements have
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f% been made by the Contractor or where the Contractor' s
operations have not been kept within the construction r
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LAND MONUMENTS.
-‘) The Contractor shall preserve or replace all existing federal,
state, county, city and private land monuments, unless they are
a,
within five feet of construction. When such monuments are
,.,
within this specified distance, the contractor shall notify the
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,, ' Engineer a minimum of two weeks in advance of the proposed
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construction. This procedure must be followed so that the
tngineer will have ample opportunity to reference the
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monuments for later replacement by the tnginoet .
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.i.4444.44444r......Wieeegt-WANINI...02.1.11.1iigira.,.....,,,,,,,,AmatililYtreetilt.i.e.,.., i•ea,...e.i./.1,,...,4'1.::::17'4.'1''' (
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When such monuments are not within this specified distance and
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1i ii are disturbed or destroyed due to the Contractor' s operations,
the Contractor shall be responsible for replacement of all
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disturbed monuments before final project payment. The
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Contractor shall retain a registered engineer or land surveyor
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v;.,. to restore said monuments to fit referenced locations, using
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methods and materials consistent with recognized engineering
'and surveying practices and with recording laws.
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1 PUBLIC SAFETY AND CONVENIENCE. ,
.
ACCESS BY CITY OFFICIALS. ,
Authorized representatives of city agencies shall at all times ,
have access to the work where it is in preparation or l'
progress. Proper facilities for such access and for inspection 1
shall be provided by the Contractor,
..i./' TRAFFIC MAINTENANCE AND SAFETY. t
''...‘
The Contractor shall comply with all rules and regulations of
,!
the City, County, or State authorities regarding the closure of
2),
public streets or highways to use of public traffic, The
Contractor shall conduct his operations so as to assure the
lease possible obstruction to traffic and normal commercial
pursuits.
,
When traffic Will pass over backfilled trenches before they are
paved, the top of the trench shall be maintained in a conditIon
.r.... that will allow normal vehirular movement to continue.
11
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,. .- Access driveways must be pr; ti. c5 where needed. Cleanup
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operations shalt follow immeL - "4.1y behind backfilling and the
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work site shall be kept in '.',. ..', oLderly condition at all times.
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A. PROTECTION OF PROPERTY.
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::t;"' 1 The Contractor shall protect stored materials, and other items
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q located adjacent to the proposed construction. Property owners
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1 affected by the construction shall be notified at least 48
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hours in advance of the time construction begins. During
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:'''' construction, no person shall be without access to his
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residence or place of business for a period exceeding eight
.,.,
hours, unless the Contractor has made special arrangements in I:
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writing with the affected persons.
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ACCESS FOR POLICE, FIRE, AND POSTAL SERVICE.
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4. 'No street closure or portion thereof shall be made without
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first notifying and receiving approval from the Engineer, Fire 1.
.. ,
Department and Police Department. The Contractor shall conduct
operations so as to cause the least interference with emergency
vehicle access .
The Contractor shall maintain postal service facilities in
'..t, accordance with the requirements of the U.S. Post Office
.,..,,
‘ . I, Department. Mail boxes may be moved to temporary locations as
i 1
designaed by the Postal Department. At the completion of the
,
1
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work in each area hhe Contractor shall replace them in their
•!..!! h original location and in a condition satisfactory to the U.S.
, I
v I+
Post Office Department.
SCHtDULINO.
SEQUENCE OE OPERATIONS.
The Contractor shall plan the construction work and execute his
operations with a minimum of interference with the operation of
, the neighboring businesses. Prior to commencing constructiont
,: the Contractor shall meet with the City and the tngineer in a
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,, LI pre-construction conference. A construction schedule which 'fc
will permit the businesses to function as normally as practical
during construction shall be submitted for approval at this
j
,-.
. ,.
I time. It may be necessary to do certain parts of the
construction work outside normal working hours in order to
'.:'.,v
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.,
avoid undesirable conditions, and it shall be the obligation of
=,= 1
,..
,. the Contractor to do this work at such times at no additional
,
cost to the City. This scheduling, however, is subject to the
..,t,
; Engineer' s approval and does not relieve the Contractor from
i
making his work available to inspection.
, #
t',1,1Y 11 Connections between existing work and new work shall not be
made until necessary inspection and tests have been completed
on the new work and it is found to cOnform in all respects to
\'
,
t,r:t. 11 the requirements of the plans and specifications.
t,...,
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4, , 1t„..' PRESERVATION, RESTORATION, AND CLEANUP
SITE RESTORATION AND CLEANUP,
The Contractor shall keep the premises clean and orderly at all
, 1 times during the work and leave the project free of rubbish or
excess materials of any kind upon completion of the work.
. 1
'..H
During construction, the Contractor shall stockpile excavated
materials so as to do the least damage to adjacent lawns,
grassed areas, gardens, shrubbery, or fences , regardless of the
.:„
„ ownership of these areas. All excavated materials shall be
removed from these areas, and these surfaces shall be left in a
F4
condition equivalent to their original condition and free from
all rocks, gravel, boulders, or other foreign material. All
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''.,,, restore or replace broken or damaged culverts to their original
,1 condition and location.
■
1 STREET CLEANUP.
'''..,,I, The Contractor shall clean all spilled dirt, gravel, or other
foreign material caused by the construction operations from all
.;', streets and roads at the conclusion of each day' s operation.
fs:, i
, c Cleaning shall be by grader and front-end loader supplemented
''''d i by washing with water, power brushing, and hand labor , unless
,:',. approved otherwise by the Engineer and the City of Tigard,
/
';'''A Within five das after 4,ompletion of all paving and gravel
shoulder resurfacing, remove all dirt, mud, rock, gravel, and
ot
'.v,. other foreign material from the paved surface or as required by
yi
, i
:, i the City of Tigard and the Engineer .
.a DUST PREVENTION.
;i-, i
,,„ During all phases of the work, the Contractor shall take
.Ilt.„'''' t precautions to abate dust nuisance by cleaning up, sweeping,
'.', sprinkling with water, providing an oil dust preventive
.,":.;, treatment, or other means as necessary to accomplish results
. satisfactory to the Engineer, Dust prevention measures shall
,,, be continuous until final acceptance by the City.
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kl., l PAYMENT •
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SCOPE.
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This section covers the methods of measurement and payment for -
I 4 ,
1
each particular section hereinbefore stated. In all sections,
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1 payment for the work will be made at the unit prices stated in
.„,
the proposal. Computation of quantities will be based upon
.),
measurements made by the Engineer and reviewed and approved by •
,i.s the City
': A.C. PAVING.
1.,,•. The work under this item shall be paid for on a square yardage ,
f 4
,,,
,
2:32'
basis. Payment for paving shall be based upon the unit price ,
,
,0
per square yard as stated in the proposal. The unit price per
Square and shall constitute full payment for the A.C. in place. '
LEVEL AND BASE COURSES.
.1..t. The work under these items shall be paid for on a square .,
,,,..-.
yardage basis. Payment for placement shall be based upon the
unit price per square yard as stated in the proposal. The unit ,
:...
price per square yard shall constitute full payment for the
,.,,. compacted rock in place as shown on the plan street section
, 1
with 2" of 3/4"-0 crushed rock and 6" of 2"-0 crushed rock.
STREET EXCAVATION.
....
`,":•";',. Payment for excavation shall be lump sum and shall be based on
..,
the bid amount as stated in the proposal. The quantity as
Shown in the proposal is an estimate of the anticipated cubic
i
yardage. The bidder shall be responsible for verification of
.:4.,i..,
,......, t this amount, The unit price per cubic yard shall constitute 1
,
full payment for excavated material removed from the site,
. $
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CURBS.
1
.
The work under this item shall be paid for on a linear footage
.
basis. Payment for curbs shall be based upon the unit price i
[ per linear foot as stated in the proposal. The unit price per
linear foot shall constitute full payment for curb in place.
1
4
)
CLEARING. 1.
i 1
The work under this item shall be paid for on a lump sum ,
[ basis. Payment for the work under this section shall be '
TA
considered full compensation for furnishing all labor,
1
materials and equipment to complete the work as specified.
i SIDEWALKS. 1
1
The work under this item shall be paid for on a linear footage
11
4 1 basis. Payment for sidewalks shall be based upon the unit ■
' I price per linear foot as stated in the proposal. The unit
price per linear foot shall constitute full payment for
' 1
i
sidewalk in place.
CULVERT INSTALLATION AND DRAINAGE DITCH IMPROVEMENT.
1 The work under these items shall be paid for on a lump sum
1
basis. Payment for work under this section shall be considered i
i
1
full compensation for furnishing all labor , materials and 1
f
equipment to complete the work as specified. ,
STORM DRAIN PIPE AND SANITARY SEWER PIPE.
, 4
' I The work under this item shall be paid for on an in place
linear footage basis. Payment for pipe shall be based upon the 1
• I 1
unit price per linear foot as stated in the proPosal. The unit
, 1
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price per linear foot shall constitute full payment for pipe in
\
. plate.
1 1
11
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Pr,
11-
. 1 BEDDING.
The work under this item shall be paid for on a linear footage
il
basis. Payment for bedding shall be based upon the unit price
per linear foot as stated in the proposal. The unit price per
1
linear foot shall constitute full payment for bedding in place
conforming to plan dimensions of pipe zone.
TRENCH EXCAVATION AND BACKFILL.
1 The work under this item shall be paid for on a linear footage
[ basis. Payment for trench excavation and backfill shall be
based upon the unit price per linear foot as stated in the
, ,
, i
proposal. The unit price per linear foot shall constitute full
I
payment for trench excavation complete and backfill in place.
' . [ Trench dimensions and depth will be as shown on plans. No
extra payment will be made for providing additional cover over
pipe, when required. The price bid per linear foot shall
include any extra excavation required to provide space for
gravel base.
' STANDARD CATCH BASIN.
4 ' 1 The work under this item shall be paid for on individual
basis. Payment for standard catch bin construction shall be
Ibed upon the unit price for each catch basin as Stated in the
proposal. The unit price for each catch basin shall constitute
I
full payment for catch basin construction complete and in place.
CONNtCT To EXISTING AND C.B. RECONSTRUCTION.
,
The work under thiS item shall be paid for on a lump sum
basis. Payment for work under this section shall be considered
full compensation for furnishing all labor, materials, and
1 equipment to complete work as sPeCifiE,d.
if
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I CLEARING AND SURFACE__.--RESTORATION.
The work under this item shall be paid for on a lump sum
' • .
basis. Payment for work under this section shall be considered
full compensation for furnishing all labor , materials and
equipment to complete work as specified.
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COMMENTS ON OFFICE SPACE SURVEY
Our survey of office space developed in southwest Portland during
the last three years shows that 480,000 square feet of •rentable space was
built. An additional 109,000 square feet was built in the Farmer's Insur-
ance and Plaza Southwest projects in the preceding two years. Only
11 ,700 square feet or 2.7% 'of this space is currently vacant.
At the present time there is approximately 260,000 square feet of
space under construction. 120,000 square feet of this space is known
• to be committed.
•
These figures indicate an absorption rate of in excess of 140,000
square feet per year for the last three years and an even greater rate dur-
ing the current year. This increasing demand for suburban office space
is spurred by the desire of businesses to locate closer to residential
'•
, areas for the convenience of their employees. The expansion of indus-
trial development in the Tigard area has further increased demand by
business organizations serving these industries.
Our proposed development is designed to permit phasing over a
• four year period. It is also being planned to accomodate tenants rang-
• ing in requirements from 500 to 30,000 square feet allowing us to serve
a broad segment of the market. Because of the desirability of the lo-
cation, the flexibility of the plan, and the natural amenities of the site,
• the market should readily absorb this space which is designed to capture
ten to fifteen percent of the demand for office space each year.
Studies of employment in the immediate area indicate that over
1,700 people are employed by larger industries, and at least a like
number are employed by numerous businesses in white collar and died-
cal occupations. Continued growth of business and industry should add
to these employment figures at the rate of more than 800 jobs per year.
A banking facility has been tentatively planned for the project to seN•e
the needs of these businesses, industries and their employees.
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SUBUR3Ad SOUTi•lWESr OFFICE PROJECTS
COMPLETED
1971 •- 1973
Completion Sg. Ft So Ft.
dart7
e Date Total Vacancy
Westri dge I 1973 10,000 0
1750 S.W. Skyline, Sylvan
Sylvan Clinic n;c25,000 1971 0
t 5319 S, 1 Westgate
Dr. , Sylvan
Sylvan Westgate 1971 75,000 0
5319 S.W. Westgate Dr, Sylvan
Park Plaza West 1973 36,000 0
10700 S.W. Beaverton Wit,v. , Beaverton
Raleigh West 1 972 40,000 .1 ,700
5443 S.W. Beaverton Hi l lsdal v Hwy.
aleigh Hills
Burroughs Corporation 1972 10,640 0
6755 S.W. Sandburg, Tigard
-
Lart�bW s e.�ion 1971 26,000 0
6500 S.W. dampton, Tigard
All-Stake 1972 13,000 0
12323 S.W. 66 Ave. , Tigard
Bloodworth-Haws 1972 5,500 0
... Petersen & Associates
7000 S.W. Varnes Rd. , Tigard lj
Investors Insurance 1073 27,000 0
Tigard
Associated ed CompUtor Services 1971 1 4,000 0
Tigard
Westgate Square 1073 (nii d) 72,000 5,000.
Cedar Hills B1 vii. f Beaverton
1973 (late) 11 ,700 2,500
Col oli`fi a.1 Office Campus . 1 9
S,W, t3arbur Blvd.
Tualatin Professional Center 1971 9 5000 0
S Pacific 1973` 9 ,0i0 1 ,500
Franklin Plaza 1972 20,000 0
9370 S.14. Greentiur0 Rd,
430;940 11 ,700
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SUBURBAN SOUTHWEST OFFICE PROJECTS
•.,
,•,:',,, UNDER. CONSTRUCTION
''/!1:1 ............................................................,........................
.1... 1974 ..
, .
•.,• , , •
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Sq. Ft. Sq. Ft, .—
Name Total Area Leased Area
___________ ............a....._.............................
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.. ., Westridge II 20,000 17,000
Sylvan .
•,,':',' ',.•„:
Greenwood Plaza 53,898 17,000
S .W. Allen Ave. , Beaverton .
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Valley Plaza . 60,000 40,000
S.W. Beaverton-Hillsdale Hwy.
• Timber Operators Council 13,700 18,700
S.W. Sandbur$
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First State Bank 15 ,000 15,000 h,
S.W. 72 Avenue
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' .. Lamb-Weston 9,000 9,000 i..
. ••• . 6600 S,W, Hampton
. ,, Lincoln Properties , 80 ,000 0
S.W. 72 Avenue & Hampton
• ., tlyers Photo Equipment Co. 9,000 9,000
•
S,W, Sandburg ,
,....,..................... . i.
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• 260,598 120,700
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A. The purpose of the requested zone change from RU 4 to -PD is to permit the construction
of an office par:( on the site Tho .64.'-PD zoning wili allow the construction of the pro-
ject in an orderly manner while preserving the natural amenities of this 9.36 acre tract.
b. The Tigard Community Plan adopted July 26, 1971 classifies this pronrty as general
industrial . The purpose of this .classification is to allow the grouping of industrial
uses that are comoatible with one another in areas readily accessible to the interstate
frieway system. Current Tigard zoning ordinances permit commercial oflice narks in the
M-4 industrial zone, thus the proPosed complex conforms to the adopted plan. Furthermore)
the proposed project will permit the development of the sire in a manner which will
allow for the maximum preservation of natural trees and foliage as landscaping and
screening. The use of the planned unit development is encouraged by the plan for use
. .
in this area.
11 G. Our studios of the growth of Suburban southwest metronolitan Portland area and Tigard
specifically indicate a rapidly expanding need for commercial office snace of the type
pr000sed in this project. Statistical data attached show :this at of growth and
absorotion. One of the princioal goals of the adopted community plan is to orovido for
the location of businesses that will create emnlovment within the community and broaden
the tax base. The pr000sed Project will heln in meeting both of these objectives .
0, A number of changes have occurred in the immediate area that make the zone change and
construction of this project a logical extension of present develonment. The completion of
highway 217 adjacent to the noitheast corner of property with the interchange just north Of
Varhs Road makes the property easily accessible to the freeway vista:11, This permits access
to the site without increasing traffic loads on other tu4-44!-41gia! - - Property to
east has been improved with two office buildings and pronerty to the south is being deyeloped
It' With Vatiieug office buildings and combined office and warehouse structures, These devolopmqnts
have used the extension of Sewer lines to within 400 feet of the site, A twelve Inch water
„
rme ig installed in S,11, 72 Avenue providing more than ample water service,
CA
(.0A,
The construction of Highway 217 adjacent to the property; the development of commercial
and industrial uses to the east and south; and the increased traffic on S.W. 72 Avenue
resulting from these developments all tend to make the property less desirable for
currently zoned residential uses . The proposed zone change would allow the site to
A
be developed in a manner that would be harmonious with its surroundings and create the
minimum impact on other residential areas to the west.
E. This location is more suitable than other areas for this type of development because
(1 ) it is readily accessible from the freeway system creating the least possible
increase of traffic on secondary read sys..tems, (2) it is a sufficiently large site to
permit a comprehensively planned development, using the natural environment for land-
'' '.
scaping and screening (3) it is a logical extension of the commercial office and
industrial developments to the south and oast) (4) and it fulfills the needs of the
community as defined in the Community Plan in an area designated for this type of
development.
F. This development will have a minimal impact on adjacent properties because of the use
of the natural growth on the site for screening and landscaping. A substantial buffer
tone is to be left on the west with adequate screening on the remaining .three sides.
Traffic created by the project as noted before; will Iiave to Pass on secondary roads
for a minimum distance before reaching the freeway systemo
G, Public service required by the develoument include sewer, water, police and fire
protection. All of these services are required regardless of the type of development
that is placed on the property. The proposed develooment requires a minimum extension
of these services , while providing a substantial increase in the tax base.to assist in
the payment for public services in general .
H, I is our feelin0 that this project will have a beneficial impact on the entire
community. Ihe only adverse effect of the development is th0 increased traffic that
1 i
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will r;_,sul t on a short section of S.W. 72 Avenue. ' In order to help lessen any such
impact we propose (1) to dedicate a strip of land along the vrestern side of the orooerty
for the Ementtrai widening of S.W. 72 Avenue.;i- t-14- - i2eeme n cc-e -a y, (2) to restrict
access to S.W. 72 Avenue to one entrance to the project and (3) to provide sidewalks on
A e of / ti .' .s i s i C i b 7 l 1.- 4 :µ ''.Fr"+brv'i�.�"'R�c�+.:-< .'sOAM-.:`' /2 w+
the Avenue 1 7' t�l�:� 1 a C�2(-'1�1�':� (�2:.,1 rao�{�,� `4R }
thy. west s i r�u o f 3 S.W.. 7� F�v�t'1
;> g. t .s"si'. �t rti.. `2, #'R + . '4*C'+mk G`" Gk r ,;1 ' $: 1
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WAS+flNOTON COUNTY OREGON f
SCALE I"k2QO'
SEE MAP
SEE MAP .
25 1 IAG
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c ■ i»ece,COD.•`w O \ Vl G_....., '.. 730` • 1�1 7 •T..1 is 1T"`"1a1t1�1'►biNT
4,mtbyp \ ' f!d 200 100 I VARNA ADP, •
i `� I \ 1'01 „500 400 300
1 I M 1,004'• 1.ca 1 ' 7!1800'-3400
Y4 Ac w li0.4r 1,40.4 x 4t1J1t. CANCELLE D •
I la 204
>'\ \, l j 1101
\ 44' 1C S No 123621 10 1104 cc
ed \ 501 ' ieo' { 4Q0 LOT 3 2r?.gO4cN l \ t.o1 h .q E 1 1300
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.s FD tP '71 he $1N 10 = tj .°, w I. x400
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a
MEMORANDUM 4
TO: Tigard City Council
FROM: Planning Department
SUBJECT: ZC 7-74 Andersen and Fought; Supplementary Response to
'tFasanolt Requirements
Please find enclosed the above described document fdr your
review.
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, .•Oregon 1.2nd Title Association ir.L.A„,„+1j. ,
Standard Coverage Polley Premium $9 12 5 0
•
•
POLICY OF TITLE I '\ISURA\CE
ISSUED )3Y
64 9 9 e (4,7;e
-a, e ,7
• d 0 2 , („<„f,--Ar,e/7 62,a Ark.,/ a,
4,6/
•
TITLE INSURANCE COMPANY OP OREGON, a corporation, (incorporated under the laws of the State of
, Oregon), hereinafter called the Company, for a considertaion :Id for this policy of title insurance, the
number,date, and amount of which are sown in Schedule A, does ,iereby ;mute the parties named as Insured in
Schedule A, the heirs, devisees, personal re,preseatat;ves of such insurt, or 12 a conoration, its successors by disso.
.
lution, merger or consolidatin, against direct loss or damage not excee1/4iiiig the am)unz stated in Schedule A, to-
gether with costs, attorneys fee,; and exlvrises which the Company may be oblisited to pay as provided in the
Conditions and Stipulations hereof, which the Insured shall sustain by reason oft
14 Title to the Jalica n Senedule A being vested, at the date hereof, otherwise
than as hin stawd; or
• 2. Unmar.u..,,abiliv, at the date dereo4 of the title to silk, anti of any ,izeu named
herein, thiless st,cli unitarxetability exists because °A. defects, iCflS ent....4,:uoruAces, or
other matters showd or referred to in Schedule B; or
3. Any defect in, or lien or encumbrar,:e on, said tl,le exts , ,‘„ not
shown or referred to in Schedule B, or excluded from r).1 and
, .
Stipulations; or
4. Any defect in the execution of ALI mortgage or deed or rust shown L bth
securing an iridebcedness,the owner of which is insured by tills policy,biat only insofar
as such defect affects the lien or charge of such mortgage or deed of trust upon said
land; or
5. :e.,:tority, ut: the date hereof over arty such mortgage or deed of trust, of any lien or
eiieumoi:ance upon said land, except as shown in Schedule B such mortgage or deed
, •
r trust being shown in the order of its priority,
•\
all subject, however, to SCHEDULES A and :3, and tae CONDITIONS and STIPULATIONS herein, all of which
ate hereby mane a part of this policy,
io,1 Witless ivboedo , Ld INSURANCE ()MP ANY OF OREGON has caused is corporate name and
seal to he hereunto a,:".„:"„xf... ao.d aathntieated by the facsimile signatures of its President and Secretary, provided
this policy is valid onl1 vvnen countersigned by a duly authorized officer u. the corporation,
0727,,44,0 004,49,04.4
.,„
coutadmodd
f p L"
like 4." PRESIbENT
t ;Pt 00
AtrEst sEckETAfee
Antliotilitd Officer •
tlfr 0 ;4°.
Oft 0
4 ,I19
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•
T112
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,
CONDITIONS AND STIPULATIONS
(Includes those in the American Land Title Association,Ow;,er`s Policy Standard Form B41962)
t. DEFiNiITION OF TERMS of the exercise of such rights appears in faith contract to sell the indebtedness
The following terms when used in the public records at the date hereof. secured by a mortgage covered by this
this policy mean: (c)Title to any property beyond the policy, or, if an Insured in good faith.
(a) "land"; the land described, lines of the land expressly described in leases or contracts to sell, lease or mort-
specifically or by reference, in Schedule Schedule A, or title to streets, roads, gage the same, or if the successful biddct= •
A and improvements affixed thereto avenues, lanes, way or waterways on at a foreclosure sale under a mortgage
which by law constitute real property; which such land abuts, or the right to covered by this policy refuses to purchase
(b) "public records"; those records maintain therein vaults, tunnels, ramps and in any such event the title to said
which impart constructive notice of mat- or any ocher structure or improvement; estate or interest is rejected as unmarket-
ters relating to said land; or any rights or easements therein unless able, the Insured shall notify the. Corn-
this policy specifically provides that pate thereof in writing. If such notice
(c)"knowledge";actual knowledge, such property, rights or easements are shall not be given to the Company
not constructive knowledge or notice if within ten days of the receipt:of process
insured, except that if the land abuts Y p i
which may he imputed to the Insured by upon one or more physically open streets or pleadings or if the Insured shall not,
reason of any public records; or highways this policy insures the in writing,promptly notify the Company
(d)"date":the effective date; ordinary rights of abutting owners for of any defect, lien or encumbrance in-
(e) "mortgage"; mortgage, deed of ' access to one of such streets or highways, sured against which shall come to the
trust, trust deed, or other security in- unless otherwise excepted or excluded knowledge of the Insured, or if the In-
strument;and herein, sured shall not in writing, promptly
notify the Company of any such rejection
"insured": the p art or parties (d)Defects, liens,encumbrances,ad- Y I, Y Y 1
(� Y p verse claims a ainst the title as insured hY reason of claimed unmarketability of
named as Insured, and if the owner of fi title then all liability of the Company
, the indebtedness secured by a mortgage or other matters (1) created, suffered, in regard to the subject matter of such
shown in Schedule B is named as an assumed or agreed to by the Insured g 1
action proceeding or matter shall cease
Insured in Schedule A, the Insured shall claiming loss or damage; or (2) known , l
• in to the Insured Claimant either at the and terminate; provided, however, that
include (I) each successor in interest ,e, failure to notify shall in no case re unite
11 ownership of such indebtedness, (2)any date of this policy or at the date such the claim of any hall i Insured unless kliejCom-
such owner who acquires the estate or Insured Claimant acquired an estate or y
`I • pan Shall be actually, prejudiced b
_ fore- interest insured by this policy and not 1 y Y p 1 by
interest referred to in this policy by fore shown by the public records, unless dis- such failure and then only to the extent
closure, trustees sale, or other legal y p , , of such+�re'udtce,
manner in satisfaction of said indebted- closure thereof in writing by the Insured ti`.:1
tress, and (3) any federal agency or in-
shall have been made to the Company , (c) the Company shall have the
strumentality which is an insurer or prior to the date of this policy; or right s... its own cost to institute and
Y resulting in prosecute,any action or roceedin or do
guarantor under an insurance contract. C3) resulting, in no loss to the Insured p Y f? ,g
guaranty any oth+:,°pact which in its opinion may
indebteednesnorat y arether of whether subsequent oto (4)dateahlereof,or created be necessary or desirable,to establish the
y i ► title of the. 4state or interest or the lien
natned as an Insured herein or not,subject (e)Loss or damage which would not
... otherwise to n , . ( � � the of the mortgage as insured;and the Coin-
the provisions hereof, have been sustained if the Insured were
ran ma tae any,a ro appropriate action
a purchaser or encumbrancer for value j y y pp p
2. BENEFITS AFTER ACQUISITION OF TiTL�c without knowled e, under the terms of ths policy whether or
If an insured owner of the indebtedness (f)Usury or c aims of usury, it shall be
thereby concede liabilityror waive
secured by a mortgage described in (g) "Consumer credit protection," any provision of this policy,
: Schedule B acquires said estate or interest, „truth in lending,'' or similar law. (,l) In all cases where this policy
or any part thereof b� foreclosure, `
••ale, or other legal Icy o� CLAIM ��� �� prosecute provide for the in.art to
trustee's s, al manner in 4, DOFENS r A NOT ROSIcUTION OF 1 requires p y
.�l s;critf thereof,of said indebtedness, or any
S_• it defense of
` GIVEN BY THE INSURED any action or proceeding, the Insured
reof, or if a federal agency or
i shall secure to+`t the right to so prosecute
insarume:ntality acquires said estate or (a) The Comp;tn}}�, at its own cast
interest, or any part thereof, as a conse- and without undue delay shall provide or provide defense in such action or pro•
quence of an insurance contract or guar- (l,) for the defense of the Insured in all ceeding, and all appa.ala therein, and
anty insuring or guaranteeing the indeht- litigation consisting of actions or pro- permit it to use, at its option, the name
• edness secured by a mortgage covered by ceedings commencer against the Insured requested b d for such purpose.whenever
this policy, organ: part hereof, this or defenses, restraining orders, or in- of heled y the Cotnpeny the Insured
shall give the Com att all reasonable
.." polio shall continue in force in favor of ',unctions interposed against a foreclosure arc in any ny such action nr proceeding in
such Insured, agency or instrumentality, or sale of the mortgage and indebtedness l p.
sub ect to all of the conditions and covered b► this olio or a sale of the obtaining svvltnesses; or securing evidence,
settlement, se
a stipulations hereut-. estate or interest in said land, or(2)for prosecuting or
such action as may be appropriate to defending such action or proceeding,and
3, EXcLUSIONS PROM THE COVERAGE of establish the title o tlac e state or interest ,:he Company shall reimburse the Insured
THIS POLICY mortgage for;,►iy expense so incurred,
. or as insured,
policy against loss which lliitigation or in any of such e, y�;().,x2, oP LoSs—LIMITATION OF
• This colic aloes riot insure stai �
or damage by reason of the fo,lowing, events is founded upon an alleged defect, ,c'•5otri
(a) Any law, ordinance or govern- lien or encumbrance insured against by In aired te, to the notices required
mental regulation (including but not this policy,and may pursue any litigation ;
ui�,w.' a�,ai�.r�.,,nh 4 (b) a statement In
limited to building and coning ordi- to final determination in the court of v,,i�;t;i=:;ur „ cross or ciatiiaage for which
names) restricting or regulating or pro- last resort, it is e+.rite e,. :„e Comp'eny is liable under
. hiblting the ocuu nncy, use or enjoy- (h) In case any such action or pro- this , ,e, sh:i.t be furnished to the Conn-
dimensions,, inter- pang wat li a 0,xty days after such loss or
Cont-
inent of the lrin , or regulating the:. Ceeilitig shall be begun, or defense into
, character,dimensions, or location of any posed, or in case knowledge shall come damage shall have been determined and
improvement now or hereafter erected to the Insured of any chum of title or no right of action shall accrue to the
on said land, or prohibiting it separation interest which is adverse to the title of Insured under this policy until thirty
in ownership or a reduction in the the estate or interest or lien of the most- days after such statement shall have been
dimensions or area of any lot or parcel gage as insured, or which might cause furnished, and no recovery shall be had
r. of lurid, gage
or damage for which the Company by the Insured under this policy Unless
(b) Governmental rights of,police , shall or may be liable by virtue of this action shall be eominerieed thereon within
ti
power or etninlent domain unless tint policy, or if the Insure shall in good 'c years after explrat thirty
1 1' � Y p y � i loo of said t in
cdttiifi�,: and'5fi p uafloni cotafinuod arid dolieludod ota Last o a ii This Pao)
.
;''
. .
•
, .., . .
•
. • '
.
• CONDITIONS Als1R,CTIPULATIONS (Continued and Concluded From ROVCIlln Side of Policy Fac
, day period. Failure to furnish sucksta( Insured, except to the extent that such (6 tied"on a Prd rata basis as if the face
•
rnent of loss or damage, or to commence payments reduce the amount of the '4,,atiount of this policy was divided pro
. such.action within the time hereinbefore indebtedness secured by such mortgage, rata as to the value on the date of this '
,
. specified, shall be a conclusive bar Payment in full by any person or vol- policy of each separate Independencparcel
• against maintenance by the Insured of untary satisfaction or release by the to the whole, exclusive of any improve-
. ,
. . any action under this policy. Insured of a mortgage covered by this ments made subsequent to the date of .
,
6. OPTION TO PAY, SETTLE OR COMPRO- Policy shall terminate all liability of the this policy, unless a liability or value
.
- MISS CLAIMS Company to the insured owner of the has otherwise been agreed upon as to
. The Company shall have the option to indebtedness secured by such mortgage, each such parcel by the Company and ,
,
. pay or settle or compromise for or in the except as provided in paragraph 2 hereof. the Insured at the time of the issuance of
, . name of the Insured any claim insured (e)When liabilityhas been definitely this policy and shown by an express
. ., amount
,
against or to pay the full aount of this fixed in accordance with the conditions statement herein or by an endorsement
policy, or in case loss is claimed under of this policy the loss or damage shall be attached hereto.
.,
this policy by the owner of the indebted- payable within thirty days thereafter. W. SUI3ROGATION OPOI■ PAYMENT on
,
ness secured by a mortgage covered by SETTLEMENT
.
this policy, the Company shall have the U. LIABILITY NONCUMULATIVE Whenever the Company shall have
, option to purchase said indebtedness; It is expressly understood that the settled a claim under this policy, all
such purchase, payment or tender of amount of this policy is reduced by any right of subrogation shall vest in the
, • payment of the full amount of this policy, amount the Company may pay under any Company unaffected by any act of the
.
• . together with all costs, attorneys' fees policy insuring the validity or priority Insured,and it shall be subrogated to and
and expenses which the Company is of any mortgage shown or referred to in be entitled to all rights and remedies
obligated hereunder to pay, shall termi- Schedule B hereof or any mortgage here- which the Insured would have had
nate all liability of the Company here- after executed by the Insured which is a against any person or property in respect
under,In the event, after notice of claim charge or lien on the estate or interest to such claim had this policy not been
has been given to the Company by the described or referred to in Schedule A, issued,If the payment does not cover the
,. Insured, the Company offers to purchase and the amount so paid shall be deemed a loss of the Insured, the Company shall
• said indebtedness, the owner of such payment to the Insured under this policy, be subrogated to such rights and remedies
,
•
indebtedness shall transfer and assign The provisions of this paragraph nutty in the proportion which said payment
,
said indebtedness and the mortgage secur- bered 8 shall not apply to an Insured bears to the amount of said loss, If loss
,
ing the same to the Company upon owner of an indebtedness secured by a should result from any act of the In-
. . payment of the purchase price. mortgage shown in Schedule 13 unless sured,such act shall not void this policy,
such Insured acquires title to said estate but the Company, in that event,shall be
. • 7. PAYMENT OF LOSS
,
or interest in satisfaction of said in- required to pay only that part of any
., (a) The liability of the Company debtedness or any part thereof. losses insured against hereunder which
under this policy shall in no case exceed, shall exceed the amount if any lost to
in all, the actual loss of the Insured and 9. COINSURANCE AND APPORTIONME tnNT t e Company L of the b impair.
ompany by reason or mpair.
. costs and attorney fees which the Corn- (a) In the event that a partial meat of the right of subrogation, The
,./'
pany may be obligated hereunder to pay, loss occurs after the Insured makes an Insured, if requested by the Company,
. (b)The Company will pay, in addi.. improvement subsequent to the date of shall transfer to the Company all rights
tion to any loss insured against by this this policy, and only in that event, the and remedies against any person or prop- ,
policy, all costs imposed upon the In- Insured becomes a coinsurer to the extent erty necessary in order to perfect such i
,.
sured in litigation carried on by the hereinafter set forth. right ,if subrogation, and shall permit
. Company for the Insured, and all torts If the cost of the improvement ex. the Company to use the name of the
., , . . . .
• and attorneys fees in litigation carried coeds twenty per cew.urn of the amount Insured in any transaction or litigation
, on by, the Insured with the wri %.n of this policy, such proportion only of involving such rights or remedies.
authorization of the Company, any partial loss established shall be bot,,e If the Insured is the owner of the in
-
• (e)No claim for darnage8 shall arise by the Company as on hundred twenty tlebteckess secured by a mortgage covered
, or be maintainable under this policy.(1) per centum of the amount of this policy by this polky, such, Insured may release
if the Company, after having received per to the sum of the amount of this or substitute the personal liability of any
.
. .,
notice of an alleged defect, lien or en. policy and the amount expended for the debtor or guarantor, or extend or other-
cumbrance not excepted or excluded improvement. The foregoing provisions wise modify the terms of payment, or
'a "
herein removes such defect, lien or en. shall not apply to costs and attorneys release a portion of the estate or interest
. cumbrance within a reasonable time after fees incurred by the Company in pros e. from the in of the mortgage, or release
receipt of such notice, or(2)for liability cuting or providing for the defense d any c-,1„.i.teral security for the indebted
voluotarily assumed by the Insured in actions or proceedings, in behalf of the ness, droved such act does hOt reShit in
,., settling any claim or suit without Insured pursuant to the terms of this any loss of priority of the lien of the
written consent of the Company, or(5) policy or to costs imposed on the Insured mortgage,
in the event the title is rejected as tin. In such actions or proceedings, and shall 11. POLICY eNtirsla CONTRACT
marketable because of a defect, lien or apply only to that portion of IMO which Any action or actions or rights of
, encumbrance not excepted or excluded exceed in the aggregate ten per cent of action that the insured may have or may
,,. in this policy, until there has been t the face of the policy, bring against the Company arising, out
final determination by a court of coin. Provided, however, that the foregoing of the status of the lien of the mortgage
petent 'jurisdiction sustaining such re coinsurance provisions shall not apply to covered b this policy or the title of the
, jeetion, any loss arising out of a lien or encum. estate or insured.interest herein must be
(d)All payments tinder this policy, brance for a liquidated amount which based on the provisions of this policy,
except payments made for costs at- existed on the date of this policy and was No provision or condition of this policy
torneys` fees and expenses, shall reduce not shown in Schedule I3j and.provided , can be waived or changed except by
the amount of the insurance pro tanto further,such coinsurance provisions shall writing endorsed hereon or attached
. rind no payment shall be made without not apply to any loss if,at the time of the hereto ;Signed 1,.x the President, a Vice,
producing this policy for endorsement ()enrollee of such loss, the then value of Presidd.a, the Secretary., and Assistant
inic., of such payment unless the policy be the promises, as so improved, does not S' cretir,,,, or other validating oMcer of
lost or destroyed in which case proof exceed one hundred twenty-per eentuin of the CotoY,
of such loss or destruction shall be for, the amount of this policy. NO1 zuS, %rvii',41illi SENT
'N, ,
nished to the satisfaction of the Com. (b) If the land described or referred All notices requited to be given the
ement in writing
patiyi.provided, however, if the owner to in'Schedule A is divisible into separate 2I-cniltilZyttr:Ilidieafflty,t,,,sitolhit„d "the ,atitivoy
of an indebtedness secured by a mortgage and noncontiguous parcels, or if con-, shall in 1 i, „ b' 1
shown in Schedule J3 is an Insured tiguous and such parcels are not used as l'it-id shaell"liteuntadl"rej:$140ttin to°i of'at this Poyffilicetie
herein then such payments shall not one single sites and a loss is established which Issued this 'policy or to Its main
'
reduce pro tarito the amount of the in. affecting one or More of said parcels but office at 425$ W ireurth Ave,,Pertlitbdi
I 4
surance afforded hereunder as to such not all the loss shall be cetnpaed and Ofegen 07204,
,
t,
•
SCHEDULE A
. Amount $395, 000.00 Date December 31, 1973 At 8: 34 A.M.
INSURED
•
, ---PAUL HANSEN, JOIN PARSON'S and ROBERT FLETCHER-�-�
The fee simple title to said land is, at the date hereof, vested in
ELMUS W. BEATTY-----
"T-.2, i• 4yyii '.,j,.k i yq r b
"iG a 1,4,4 , "
•
ode
• ThelandL f6rred-tioin.:..th' s.w. o in is acescrict ors. M k- � � Y µ � xx
Lots 1 and 2, VA N8 ACRES, Wa;,Zinc;ton County, Oregon,
State
portion of Lot 2 conveyed to the SAVE AND EXCEPT that « y tG' a�
y Oregon by deed recorded in Eook 599, Page 93, Film Records of
Washington County, Oregon. -. -
•
•
1 i
f M
c l
PAOt OF 00 1.101 Ne4 322676
.fl2d
ti
' Oregon Land Title Association s"
Standard Coverage Policy
e o•ao -°
SCHEDULE B
This policy does not insure against loss by reason of the matters shown or referred to in. this
Schedule except to the extent that the owner of any mortgage or deed of trust is expressly
insured hi Paragraphs numbered 4 and 5 on page 1 of this policy,
.,t
1, Taxes or assessments which are not shown as existing liens by the records of any taxing
authority hat levies taxes or assessments on real
y property or by the public rc,corcls, pending pro-
ceedings for vacating, opening or changing of streets or highways preceding, entry of the ordinance
or order therefor.
2. Any facts, rights, interests, or claims which are not shown by the public records but which
could he ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records;
unpatentecl mininz cli h nis; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5 . Statutory ;powers and assessments of Unified Sewerage Agency.
6 . Rights o is the `
p any portion
. of the herein
g public in and to zn y
described remises lying within the of roads or highways.
y".
7. Limited access
,.as set forth in deed from Elmus W. Beatty, a
single man to the State of Oregon, by and through its State Highway
Commission, recorded May 4, 1966, in gook 599, Page 93, Washington
County Film Records, over and across the herein described property,
which
provides that no right of easement or right of access to,.
from, or across the State Highway, other than expressly provided
for, shall attach to the abutting property.
,tl
8 . Cnterest of Richard R. Smith as vendee under a contract,
including the terms and provisions thereof, executed by Elmus W.
neatty, as vendor, dated December 13, 1973, recorded De ember 31,
1973, in nook 958, Page 146, Washington County Pilm Records, and
as vendor in contract shown at exception No. 9 below;
•
9, Interest of Paul Hansen, oohn Parsons and Robert to1etcher, a
joint venture, as vendees under a contract, including the terms and
. s recorded by Richard R. Smith, as vendor, dated
provisions thereof, ���e y
December 18, 1973, recorded December 31, 1973, in 800k 958, Page
,• 149, Washington County rilrn Records
y Condi.tional ,assignment, including the terms •x.e provisions
thereof, the vendees herein assigned their vendee interest in said
contract to Columbia Mortgage co. ,for sec+uri:•ty_2tosLs
e M yew M.a.:+C0X.414tlV8D-4i4-
PAS`3 of°Policy No, 8 226-76
two
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• -SCHEDULE "B" CONTINUED
10 . Mortgage, including the terms and provisions thereof, given
by Aobert Fletcher, aka, Robert M. Fletcher, Paul Hansen, aka, Paul
C. Mansen and John Parsons, aka, John L. Parsons, to Columbia Mort-
,
gage Co., an Oregon Corporation, dated December 25, 1973, recorded
December 31, 19730 in Book 958, Page 153, Washington County Film
Records to secure the payment of $120,000.00.-
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