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ZC3-76 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. - 4()0 (BELANICH) COMMONWEALTH PROPERTIES...1. ZOne Change 3-,76) SW Corner 12.1st & Ferry • • �.... / | ' �� .., ./ ' '^� • �.' `. . � � | ' .� ( '/ " • .'� ) . � } r ! . / . / , I PLANNED DEVELOPMENT FILE CONTENTS 2 " SEE ALS: LEFT SIDE RIGHT SIDE Assessor's Map __Maps/Preliminary Plat I/Notification __Legal Description/Deed Surrounding Property Notice Letter of Authorization Affidavit of Mailing Copies of Correspondence with Applicant Agency/NPO Notice Public Input V/Affidavit of Publication _Agency/NM Comments Articles/Notices from TT /Staff Report(s)-Date(s) Z.," T6 / Application/Narrative v/ Minutes of Meetings Final Action Notice ylnhihg Commission-Date 42046 City Counc L-Oate 5-24 Resolution No, 4f, Date Or _nance No, P/ di 76e2PiDate Correspondence After Approval SUMMARY V/ 47-4 fii)41 0/6.1Gh 06' gbooakbn kesickitfot Approved Denied , of Lots — rb kei*b6thaociOnmekc0604) No, of Phases Spetlal Setbacks AJOQ, Plat Recording Oook/Page No, & date Additional Phases Recorded (Date) (Book/P( e No ) (Date) (0o0k/Pago No.) aibjs(06160) ; 1 , .,... . , , ,,, , . ., . (0 . . h , - •..,...,-..,,,. , 4 ..., • , *il SDI . ,';,. ,,ERCURY DtVELOPML, 411 Inc. . . . .. . .. ... .f.... . . •.. . .,.: . , . . . , DevelOpment • Management .. . ., .. , . Phone(503) 223-2108 • 338 N.W:Sth Avenue • Portland; Oregon 97209 '..e. . . • ., ., • . .,,H.! May 22, 1978 - , RECEIVED .. .., , . . , . ..,, MAY 2 3 1978 .. .:. CITY OF TIGARD . . . , . . . . , . .0 . , . , . , . .... . , ,, .. ..-, ..- , Mr.:John Laws ctiy of Tigard : . . P. O. Box 23307 .. Tigard, Oregon 97223 ,. • , Re: Traffic signal contract ,. , So, W. (21st and Soholls rerry Road :. , _. , . . Dear John: •. . . . .. . , .., Olciosed are photocopies of the documents wo discussed on the • . phone toddy; hamoly4 Mr. Plink's lotter of Novombor 24, 1576 . . . . , .. and the accompanying appItcation and contract for the engineer-. Ing work at the above location. , .. . . •. Pleaso keep me posted. • .• Very truly yours, . . 1•, , r MERCURY 05V5LOPMNT, INC. . .!, Agents for owners ..• r , . . • •,,,, , 0 laopftf Vice Pros-Went 0P, :pd .. . 8nclosuros .. • .1., , . r i .• , , . . ' • , 1 it ' 11;911 +4,0 Meinbet,:laohational thillhal a glidlifillig COWS ' , , u0 r: , . • r, ■ REALTOR ■ - „ . ,\ p t � M 7 4 is, v�q..yl y' ��i�'"� �?vr4i�&'y 1 i P,,,•0,0s; xy.tilX ? OREG• N STATE ATE ' , , 4 /If/1.- i.t 'T 1,, HIGHWAY ,o'IVISION i r iJ •e$6.9-- ' DISTRICT 2A ENGINEER r � a r 1 _ Y tSJ 'i,'rkr j„P'44.4* 41'i GFr 11 .. err, rr ,,N, tr t■i "r.4',7,1i r,9 ;tl�,I'it::K 1 f(f 44444 44:146,l'i'A r4, , P.O. BOX 565 w BEAVERTON, OREGON . ° 97005 0 Phone 229-5002 l; ROBERT W, .STRAUB OOV RNO i F.A,KlABOF Administrator and November 24, 1976 Stets Highway Engineer p' • s Montgomery Ward c/o Waker & Associates 10550 S.W. Allen Blvd. #223 1 Beaverton, OR 97005 i '. ► R : Signal Installation 1 Scholls Hwy: @ 121st. 1', ATTN W. A. Roberts Attached is an Order to Render Service for the design and plan preparation work for the subject project. This must be submitted to our Salem Office before design work can begin. Please have someone from Commonwealth look this over, If it is satisfactory, hale them ,sign at the place indicated by red "Xtt at upper deft, and geturn it to this i 1 • ,, office along wi t'l a check f r $5,000,00 ,made out to Oregon State Highway Division. °, Sincerely, , r x r 6 A f C. T. Mink ,, ASSISTANT DISTRICT BNOINBER a I CTI"l r ,'rt. I; . _._11,_,.- —... _._ 1111_ 1111-. _.__ ., .,� _ - .1111 1111 ..— 1111 1111,. _. 1111.. 1111_ 1111. _1111 ,�.� _ 1111 � _ . _ .- . � 1111.,.,. . I 1form E 8li._31vt--244 ( ./ - Oregon State Highway Department(' Order to Render Service (Or to Furnish Materials) p. z4 Party Requesting Servicei ?c)i'tlana k"i,xturc Cot, area t. . 4r.. y..1/N.y� +e r Re"fa i# c1{•i"" p .on . .l, »4A""" ' Order No 1»I»io 43 / »rdN»l ,•, • '' 338 No W. Fifth Avenue i r.4.4a44r, .,, . . . • rid...4r»4.,. 4r..r at ., r.l r+ 0vp 6 Nr �r+ > 4«.. ... /.. ,.{» .. ... ..i. . ,. •' nd v Oregon 97209 y, .Yrr ri«. \� .4a,.,r..».4,:,„»,11.r.,,a,,,,,, Prefix and account number to • • y ,',�; . , . which work is to be charged ..«i.7893 158 ,:. �” l Z! rt j{.f✓�� ♦ ......:,„,,44 .�"la"."1.•rRru"/\oIr«i!1•M.rrY.1.«!.a»k»4r,Yr iM»/1»rArr! A ( q„ ny4�y�''`� (°"lcinl C:r�pnoIfy) tr:•4000.,.:1. 3.40, i+ lr*..V of*Am . .'W ..v I Vp, **R j'101r7b'er'WIOt'.1t'$rutitott4t'!:;apCfi`.A:'1!';dru.Y,:SJI,'A;ifi'Qtmi.*".«tllwf,r,4,04/Ail ld:rx,..1.V�.�11`1,1r t*,gilKt,"7N`:!. KyS::VYl?`l9idklat:QIAMMCH'x';71'.M1WK:iGL'W.YNCP.(laiiniY.'.'YNcdltt'!kl •;, ts, bescr)Ot)on and 10o'"t3H)on of Work TO 80 Performed or Materials To Be Furnished; . t, Location, design and preparation of plans prior to letting of a contract for ,� ; new signal installation at Scholl-s Ferry Road and S.W. 121st Avenue. , E rime rtra of Quantitlos and Cost R Lump .,um estimate -N4. $30000.0 . Rav,)s of PoymarJh 0 Monthly payments Amount of aavence deposit Of any) $ .11.,11../r411..•,yr.ri•.+.r 44 i44 y„rii.. S)ntle payment can completion of work x; ()ther basl4 a rfollc,ws Deposit• received by Socretary ran ...».»,4Yr...,r...r.,4.4rN.,r,,,.r4.14444rirrr 1 r Authority C from etvisitionistr 0. Department Au+hroolty; e Agreement dated . rr144.4 11 4444,..44 .01,•,.«.1114,4.,..•.111411 0 Order of Highway Commission ' Letter to 4•.•.••. .., ,4444.4 •4..4 rrr.44. il dae ,.4.•4r......4,iir•44.r p jrder of State Highway Engine er er ,, Oral request to ....•..... ......Y, r, . , data .......,,. ",.... Hood of deportment isuino order .c Pleld Information submitted by ,n. 4 .Y'..4o.r.«...p.».444444 or.»,1«4,«.,+roan• .....»r»..«.r,ror4J r»r»n u■ in loff r doted 4114.4e44410Y04i11..«{i..0.1.11.t010114,..,r../uY»rr YYr..»•, 4■. Rxpt ctad date of completion of work or (Delivery of materials .I".........•.•r.•-,..r«....r......,.._ , ... ,......,4«„•"r4.1.r•—...c........—...—,.......---.... ' 1111 Superintendent or enlineer responsible for pe rformance of work nd suor'illgiom of Information. for billing ♦.r..;.r."r<...a1,...,,r..,1«.......a, u.1.M ,•x•a.r4».....»,..r«•«n«11x1-....006.1.1.4104.11.01.044( . r.4r.41,.1r 00r$444 .�a+'1,V x«.,»?...'.�,,.-1111..i..ti-�„,.w'_'„'4.-It,, .......••.'+..:•"..,N. ,.,»” '::""......,. ,...r......w+...,. .'"�'•.„,t±�.:. ..w1;.4..— 4..11,11.v._,.. .:!°"4,,„•.," !7:,•;."1::-",':::„1-,,,:t:,...1,4,....- -,-,1 ...t:','^w,.w.:......p....,,...a::...^. d.4.:....... ,-,,....,....w . ,r I f ocord of bllllng rR uotit: M'4.4.41114.1.-,4,..wa..M.4=114.4., 'M.,un.WW4.caa••WL.I.. o r k.4+....;..... '«I•."•........Mrw..W..rI • i 1 a Order prepared by 1111i h . 11. 4» i..,r,••r-. Department lu bot N 4 4 1.r111000"a..,,, ,,,, n;.rl..+...14 a.,■. .+1,r.0, 4..14.4.r...r,ar,"•.a• both, . , , . ,114,4.• M t . r , 1111,. �r•+..yr ..r a4Y.rr,.r•xHriNr•Y4.r .rv.1.11,,1104..n./.,•4+M.n �0.lgna1d .r•.rt,,,a•/«• r•pr•••... •r rover...•,«.«411 burr.,.'.r..4."......rr1,,,.A».,a.,«»,r. 'r t• ' ww.l+.•rW..r r-.a+r;wt+.rq4,.+M.+.w:... «a 404'.:.4d4..004.4.rw.,,1111,,.4 n..f:0:,,,,1w+4. ...rw........+.. Ins ftu�ti arCpart a�f ho.odat Volt Welaa+ oporr�inii ,rdot will:wool gho1 copy to tt os g lon (foci will rook up of oopy, Ho will TA a V i k4.. si " . a t i t . .' bite Bond moles to Intorpstod division onginowrl rdilident 6114rnwuor ,1 dnd/err nioietfedarroa supotinfoodnr•t. - 1 ej+b'lut 1 .ro I I • �n 1111 .. _ .1111 ,,• ., 1111 .. . ,... �,.,. ,., •,: :,11,11, ,;,"., , j 1, N " & I . . , it Agreement No. 5930 vol AGREEMENT THIS AGREEMENT, made by and between the STATE OF OREGON, and through �. its STATE TRANSPORTATION COMMISSION, hereinafter called "State", ,end the CITY 01 TIGARD, a municipal corporation of the State of. Oregon, by and through its City officials, hereinafter called "City", and PORTLAND FIXTURE Co. and ROGER "BELANICH t hereinafter called "Developer'. ° , i WITNESSETU 4 ;, ,/ ,`fi RECITALS„ 1 . The Scholls Highway, State Secondary Highway No. 143 is a State Highway under the Jurisdiction and control of the State and is routed through t the corporate limits of City. 2. Under ORS 366.770 and 366.775, the State, City, and Developer t . may enter into agreements for the construction, improvement, repair or mainten- ` . y ante of any State Highway, road or street, and provide for allocation of the cost i of the project to the contracting parties. 3. Under ORS 433.040, State is authorized to determine the type of, erect and maintain traffic control signals. Under ORS 366.450, State is autho- ; rized to erect and maintain directional road signs and other signs on State r Highways. , 1 I 4, State, and City in their judgment have deemed it necessary in order to obtain a safe^ and more expeditious flow of traffic to install traffic signals at the intersection of Scholls Highway and S.W. 121st Avenue. Hereinafter, all acts necessary to accomplish this installation shall be re- ;► ferred to as the "project", ,. , es being ,.general as stated NOW, THEREFORE, the prem�s � gin genera � i;ed �i n the fore- going RECITALS, it is agreed by and between. the parties hereto as follows: THINGS TO BE DONE BY STATE: *A 1 . State approves the RECITALS herein, THINGS TO BE DONE BY CITY, ti THINGS TO BE DONE BY DtVVLOPtR , and all other provisions of this agreement. 1 2. State shall prepare all plans, let and award all contracts and ,ItI supervise the work of the project. in q 3 ate sh,.al l d o the work o f the project either by its own farce, W ,4 by contract, the actual shall ,ota tcost�oftthes� cay all of the costs of I el, the pro,project, bu l project t shall , upon final i temi nation by the State be paid by the ' eve .oPero ,., iz.,41 1 •' lip µ ki",e+{ (( ,, a i' I 44 k. 1F Page Agreement No. 5930 L , 4. Upon completion of the project, State shall submit to Developer an itemized statement of the actual total cost of the project. State shall re-� 4 ' " fund to Develope•r. that portion of the deposit paid by Developer under Para- graph 2 of THINGS TO BE DONE BY DEVELOPER which is in excess of the actual total cost of the project. f 5. Upon completion of the project, State shall own the project and Shall provide maintenance at its expense. THINGS TO BE DONE BY CITY: , .; . r 1 . City approves the RECITALS herein, THINGS TO BE DONE BY THE STATE, � THINGS TO BE DONE BY DEVELOPER, and all other provisions of this agreement.. 2. City agrees to be responsible for all costs of electrical p pow.. 1 p p ,er k J t consumed by the traffic signal . , .` THINGS TO BE DONE BY GIV1rrY1a .,�; f . 1 . Developer approves the RECITALS herein, THINGS TO BE DONE BY , STATE, THINGS TO BE DONE BY CITY, and all other provisions of this agreement. r ; 2. Developer shall be responsible for the total project cost as 1 stated in Paragraph 3 of THINGS TO BE DONE BY STATE, After the opening of the bids and prior to the award of the contract, Developer shall deposit its check with State for 100 percent of the total estimated project cost. i. 3. Upon receipt from the State of the itemized statement of the final ,} actual total :Developer shall � � 10b percent of the amou nt that the cotkce�ds the amount nt deposited by Corporation. GENERAL PROVISIONS: 777 1 . If requested by City, a mutual review of the signal design plans ; X shall be conducted to the satisfaction of both parties prior to calling for bids on the project. 2, city shall make no changes in the timing program est lfished for y the traffic signals without the prior written approval of the State. { 1. i / , p. ( ......"+•+n�'y+"'w«+�..4.,...„ar,..fir'+..,44“..i*«.::�..,.;,,,ar 4..r.a l:»ew,w. .. ..,.....x**...:+wt.+....p.....+......44........+..+ , r.......,...., a `..., f qi y �{, I J a4' +}+,�( , /� $ I I 4 'p t •.r.rrr�t n,,; .,. :,." • ■ , 2. , '`k, , rage 3 Agreement No. 5930 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals. . 4 , This agreement was approved by the Oregon Transportation Commission ,1 on , 1976, at which time the State Highway Engineer was authorized and directed to sign said agreement for and on behalf of the Commission. Said authority is set forth in Volume ._..., Minute Book. of the Oregon Transpor- tation Commission. . , APPROVEb: STATE OF OREGON, BY AND THROUGH I. ITS DEPARTMENT OF TRANSPORTATION . f HIGHWAY DIVISION , .............---r..........------- ......._ AiniTSTWEState Highway Engineer State Highway Engineer , . APPROVED AS TO FORM CITY OF TIGARD, by and through , , its City officials; . . . I 11' 4 gi /a/ Walt Barrie . By: 4. Ass—istan7 t A- -torneY General and Mayor -------- . Counsel , . Assistant Attorney General Recorder „-- , 1 , PORMAND VIXTURE CO, ana ROGER BELANICH, DEYELOPEP8 4 , 4 L By: Title pre8ident ,,'"--) tie # 1 . , (Attach certified copy of city ordinance or rosolution approving the contract.) . , Y,1 - 5 ' K #, 1:4 , . 4‘ . i 4 . • ,4 • , /, i 11' July 200 1976 . • Cottmourodaleh Properties0 Inc. 3800 S.W. Cedar Hills Btvd1, $uitd 225 Oaaviertoni Oregon 97005 • , tki4t Sir8t ri — 3 ttelootd to 4 copy of Ordinanct No. 76480 which had been certifidt10 for your filed. .thiiiIigard City Council approved aatd ordittAce at their regular meeting of JUitlo 280 1976. Sincerely) Doris Hartig •, •, City gocorder DOilw g00.08,010 itOgdie Bdlanich • . . (.,e 11S) fb"..°7 'HUD Application - The Tigard Planning Department staff will present to the public an application to be made to the Department of Housing and Urban Development in the -amount of $1210263 for construction of pedestrian/bikeway and • storm water facilitieS. The area is adjacent to S.W. Green- burg Road p S.W. Tiedeman to S.W. Tigard St. and S.W. ' Tigard to S.W. Main Street. Approved by unanimous vote of Council present. . 8 APPROVE SANITARY SEWER. CONTRACT AGREEMENTS - Joseph & Narita BrUgatop 97th & Murdock and Earl R. & Joan K. Wilcox, 9650 S.W. Murdock. (a) City Adiinistrator recommended approval of agreementp . H (b) Motion to apprOve; Councilman Wakemp seconded by Councilman Nickelson. Approved by unanimous Vote of Council present. 9 APPROVE SUBDIVISION COMPLIANCE AGREEMENT Englewood III • (a) City Administrator recOMMended approVal. (b) Motion to adopt; Councilman MiCkelsonp seconded by CoUndilMan MOore. Approved by unanimous Vo te of Council presehto MAYOR BISHOP ARRIVED AT 7:40 P.M. TO CHAIR REMAINDER OF MEETING. 100 RESOIUTION NO. igrm A RESOLUTION AUTHORIZING CONTINUANCE OP CITY FUNCTIONS AND PROGRAMS ON AND AFTER JULY 101976 APPROPRIATING FUNDS THEREFOR0 ".. AND AUTHORIZING LIMITED EXPENDITURES. (a) City Administrator recommended approvaL (b) Abtioh to approve; Councilman Cook, seconded by COUncilblan , WakeMb - - -,..1.1204töd by unanimous vole of COUncil. 11 . ORDINANCE Noo 10.Aft AN ORDIANCE ADOPTINO FINDINOS WITH RESPECT • TO AM AMENDMENT OF THE 1570 ZONINC MAP' OF THE CITY O TIGARD AS AMENDEDI SAID AMENDMENT BEING REQUESTED BY .''oot 4.,J0104 IN BEHALF' OP COMMONWEALTH. PRO4''T Epv ZEGAZ () .RS 010 THE PAOPEATY INVOMP0„- ADTHOAl2/140 THE USE OF SAID LANDS AS A PLANNED DE11ELOP., MEN T DISTRICT PURSUANT TO CHAPTER. 166560‘ TIGARD MUNIOIPAZ 00.0,. WITH RESPECT TO ALL • OF TH088' :LANDS DESCRIBED ON THE ATTACHED EXHI3IT 0A0L6RANTINO APPIVATION AND FIX,. IMO AM EFFECT1,18 DATE° • PAOE 2' COUNCIZ MINUTES Atilt 280 1576 • 4 1f• � O I' r« ' (a) Planning Director recommended approval. y (b) Motion to approve; Councilman Moore9 seconded by Councilman Cook. • (c) Discussion followed by Council and staff. Planning Director explained an addition needed in wording of Section 59 sub section 9. (d) Motion by Councilman Cook9 seconded by Councilman Moore to amend ordiance no 76289 section 5, sub section 9 to read; 9. Covenants shall be provided to D ake possible the future '( vacation of 122nd Street fl if deemed necessary 9 and to provide • cross easements with any future commercial development which may occur on the property to the west; or if a street is deemed necessary an additional 5 feet of right-of-way shall • be dedicated. Motion to amend approved by unanimous vote of Council. Ordinance No. 76-28 as amended0 approved by unanimous vote of Council. ,LL 13. PUBLIC HEARING - Commencing at 8000 P.M. An appeal by J.A. Atwood of the Planning Commission°s denial of his request for a Minor Land Partition on S.W. Hill Street. (Wash. Co. Tax Map 2S1 2DBP Tax Lot 20O) ( 1 ) Public Hearing Opened. (2) Planning Director stated. the Planning Commission denied the • request on the basis the proposed minor land partition lacked good land use planning and did not conform with the comprehensive plan. Planing Director further stated applicant planned to build 3 tri-plex units on the site with the major ; ccess to the site on Frewing St. 9 which is a narrow county road in rapidly deteriorating condition NPO #1 was opposed to development in this area until such time as either Hill Street or Ash Street is extended or SW Frevi.ng St. is improved Planning Director requested Legal Counsel's opinion of denial of the minor land partition. ' Legal Counsel stated the denial was ct the aploropriate tool for controlling b� density and in his opinion the the building v his minor land partition could not be denied on the basis given by Planning Commission. He further stated the quewtion of development of the site vs non-conformity with the comprehen.. si �.an will P l be handled at a different time and only the appeal of Planning Commission denial of the ALP should be considered at this particular public hearing. 't�, PACE - COUNCIL MINUTES - June 289 1976 1 e CITY OF TIGARD, OREGON ORDINANCE No. 76- J 4 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT OF 4 THE 1970 ZONING MAP OF THE CITY OF TIGARD AS AMENDED, SAID AMENDMENT BEING REQUESTED BY ROGER BELANICH IN BEHALF OF COMMONWEALTH PROPERTIES, INC. , . THE LEGAL OWNERS OP THE PROPERTY INVOLVED, AUTHORIZING THE USE OF SAID LANDS AS A PLANNED DEVEL- OPMENT DISTRICT PURSUANT TO CHAPTER 18.56, TIGARD MUNICIPAL CODE, WITH RESPECT TO ALL OF THOSE LANDS DESCRIBED ON THE ATTACHED EXHIBIT "A" , GRANTING APPLICATION AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that the lands hereinafter described (hereafter called the "subject property") and ot, stipu- lated on exhibit "A", have heretofore been and are now classified C-4, Neighborhood Commercial, pursuant to the zoning ordinances of the City of Tigard. Sectioll_2: The Council further finds that pursuant to prescribed procedures, an application for amendment of the zoning map by designating the subject property a commercial planned develop- ment district and for consideration of a General Plan and Program was the subject of a public hearing held by the Planning Commission on May 18, 1976. The Commission has heretofore filed its report with the City Recorder, and a copy of that report is attached to this Ordinance and by reference made a part hereof. The Planning Commission report recommends approval of the application. , Section 3: The Council further finds that; 4,:fter due and legal notice, a public hearing was held on June 14, 1976, by an impartial Council, and that at said hearing the applicant and all interested parties were afforded an opportunity to be heard and to present and rebut evidence with respect to said application. Section 4: Dared on the vidence both oral and documentary and the record of said hearing before the City Council makes the following findings: (a) That the Comprehensive Plan entitled oTigard Community Plano a amended, includes the subject property as part of a larger area designated for Retail Commercial development, and that granang of the applicant's request complies with that plan. (b) That this proposed amendment to the zoning map is consistent with a public need shown by the appli- . cant for the proposed commercial fcilitieS. ORDINANCE No. 76 )44 „.„ (c) That the proposed planned development, aubject to the conditions hereinafter set forth, will not unduly burden the adjacent neighborhood, nor will it have an undesirable impact upon the community. (d) That public services, including water, sewer, storm drainage, electrical and gas utilities are readily available to the site and are sufficient, providing certain conditions hereinafter set forth are satis- fled. (e) That necessary and legal public access and egress is to be provided by the applicant pursuant to the general development plan and program attached hereto and made a part hereof by reference. (f) That the proposals of the applicant, with respect to dedications of public lands and rights-of-way, construction of public improvements, landscaping and those other improvements and amenities identi- fied in or shown by the general plan and program, attached hereto and a part hereof, and those further requirements and conditions as recommended by the Planning Commission, all hereinafter set forth, will enhance the acceptability of this proposed commercial development. (g) That the applicant is an "owner f the subject property by virtue of an agreement in the nature of an option between the applicant, Roger Belanich and Commonwealth Properties, Inc. Section 5: The City of Tigard, therefore, pursuant to the require- ments of Chapter 18.880 and Chapter 18.56 of the Tigard Municipal Code, hereby approves the applicant's request for an amendment of the Tigard Zoning Map of 1970 as amended, subject to all applicable requirements of Chapters 17 and 18 of the Tigard Municipal Code and further subject to the requirements, conditions and any restrictions that may be embodied in this ordinace and its exhibits, hereto attached and made part hereof and identified as follows: Exhibit A Property Description Exhibit B General Site Plan Exhibit C Development Program and subject to the following requirements and con a:clans of approval 1. A 5 ft. dedication for public street purposes on 121st ) ORDINANCE No, 764eLa 2. A gi>. ft. -to 20 ft. dedication4or public street puoses on Scholls Ferry Roal' the final deter- . urination of width to be made by the Oregon State Highway Dept. 3. A 5 ft. utility easement on all lot lines. 4. Development of SW 121st from the Scholls Ferry Road intersection to the southerly line of Commonwealth's Englewood Planned Development Improvement shall be to city collector standards (44 ft. roadway) with curbs, 5 ft. 'sidewalks adjacent property lines, and a landscaped strip with street trees. Improvement to the intersection of 121st at Scholls to provide for left and right turn channels from 121t and a left turn channel on Scholls Ferry to 121st. No access be provided from Scholls Ferry Road and ( no access to 121st within 100 ft. of Scholls Ferry, 6. That a pedestrian/bicycle trail be provided along Scholls Ferry Road (extending that already provided for easterly of 121st adjacent to Englewood) . 7. The extension of SW Springwood Drive across tax lot 500' to interesect 122nd with a 50 ft. right-of- , way, improved to a standard 36 ft. street. 8. That condition #9 of the C-4 zone change (Ord. 75-56) be amended to read as follows: No building permits will be issued until adequate assurance is supplied • the City that placement of a traffic signal at SW 121st Street and SW Scholls Ferry Road is certain. 9. Covenants shall be provided to make possible the future vacation of 122nd Street, if deemed necessary, and to provide cross easements with any future com- mercial development which may occur on the property to the west, or if a street is deemed necessary an additional 5 ft. of right-of-way shall be dedicated. 10. A landscaped setback be provided from SW Springwood Drive according to the width stipulated on the site development plan and to include dense planting. 11. Landscaped setbacks from SW 121st and from Scholls Ferry of not less than 20 ft. , excepting the 10 foot area adjacent the building on SW 121st Street. Section 6: The applicant shall, pursuant to Section 18.56.050, Tigard Municipal Code, within one (1) year of the effec- tive date of this Ordinance, file a final plan and program with the City. . ORDINANCE No. 76,W1 - Page 3 -----• --,.....- ", i r ■ ' •■• 4 4 $ . - '`■ • ; \ Section 7: If substantial construction or de7elopment has not taken place within one (1) year of the ei'fective date of this P Ordinance, this ordinance shall be void. 1 Section 8: This ordinance shall be effective on and after the ..........to................r.i. 31st day after its passage by the Council and approval ' by the Mayor. PASSED: This altb day of _4111112 1976 $ ...h y ja4ratdmQtj§__ vote of all Council members present, after being read three times by number and title only. Recorder - City of ytgard,----------- APPROVED: By the mayor this 28h day of June , 1976. MM.*. 1 I ' , Mayc;r -,, di-Ey orfigard , . J , .. 0 1 11 I, , (4) ORDINAME No, 762221 . .,, U Ae w. -.r ROGER M. BELANICH Business Property Development 2330 • 43RD AVENUE EAST SEATTLE, WASHINGTON 98112 `. (206) 329-3290 4.4r (04's tio June 22, 1976 G'14,, 1170/P o, ,f0 0 Mr. K. J. Won Acting Planning Director City of Beaverton 4950 S.W. Hall Boulevard Beaverton, Oregon Re: Northeast Corner Sorrento Road and Scholls Ferry Road , Dear Mr. Won: Last Thursday I spoke to you on the phone concerning my proposed shopping center development at the southwest intersection of 121st Avenue and Scholls Ferry Road as it would relate to any proposed plans for commercial develop-- ment at the above captioned location. Earlier this year my property at 121st and Scholls Ferry Road was rezoned by the City of Tigard to C-4 in conformance with the Tigard Community Plan (1971). ."r Prior to this there was a great amount of communicating between the Planning Departments of Tigard, Beaverton and Washington County concerning the coardin-- AF . ation of each of their community plans for this region. .' From this it was generally accepted that 121st and Scholls Ferry was Lhe "best possible alternative location along Scholls Ferry Road east of Murray Road to satisfy the convenience shopping needs for the general comnitinity, and also that only this site was designated on any of the three Cairrnunity Plans for Neighborhood Commercial. It is the City of Tigard's intention to allow up to 8 acres of Neighborhood this intersection. Initially the 3.5 acres in my proposed de- p p . Commercial at ve�.o went would be developed and this then could be expanded to the larger size should future demand so warrant: It was on this be that x was granted y . the zoning to C--4. The d-4 designation was accompanied by a Design Review overlay. On June 14th the Tigard City Council approved my General Develop- ment Plan in conformance with the Design Review. Initial development of this project will commence this sumnie : with the con- struction of the on- and off-site improvements which will include the widen'' �. ing and rebuilding of 121st Avenue, Scholls 'Petry Road, and the extension of r y Springwood Road, as well as sidewalks, utility extensions etc. w exist we anticip ate commencement of construction• ,. As matters tow ar It �.sptrh�.s matter of the supermarket of the super- , market later this ye at. � � et Lhat gives me particular concerns Should you consider a change in your General plan which would allow additional commercial development at S Perry and` isrtir • Road could effect m y �oss1bilties ofdevelo development this time and possibly for several years. Although this area of the community is ex- . Mr. K. J. Won June 22, 1976 Page Two • periencing substantial residential growth our studies as submitted to the City of Tigard indicate that the region's population could only support lim- ited commercial development and certainly no more than one supermarket for a number of years into the future. Therefore, it is our belief that should you allow any changes in the General Plan that would create additional commercial zoning, one of the two locations would surely be without a supermarket ten- ; ant, which the Neighborhood Commercial designation is meant to provide. 4 . Concerning the subject alternative I do not believe that it can be reasoned that the commercial designation that was tentatively placed at Sorrento Road, 2200 feet north of Scholls Ferry can be swapped to the intersection j at Sorrento and Scholls Perry Road. This would still amount to a change to commercial designation of an intersection that was clearly not so designated previously. This would also conflict with the Tigard Community Plan and it's spacing of neighborhood commercial locations. The commercial designation that was placed in the middle of Sorrento Road was only tentative since it was so designated as an attempt to accommodate a development scheme for a several hundred acre assembleage of property that was to be a planned part of the coirnunity lying west of Sorrento Road. This has long been scrapped and the pti4,arties in this area are being de- ` veloped piecemeal without any pattern that would conform to the ideas en- visioned by this designation on the Beaverton General Plan. Therefore this tentative commercial designation is meaningless. Because of these reasons and my belief that the General Plans of Beaverton, and Tigard should not be compromised my position would be defensive concern- ing any application to amend the General Plan at Sorrento Road and Scholls Ferry. Please notify me should any application to amend the General Plan be made so that I might ask for the opportunity to meet with you and also attend any staff meetings and public hearings. Very truly yours, Roger M. Belanich • cc: Mr. Dick Bolen City of Tigard '�"�' +...«,»mow« mow»..---....y ........_......,w,t_... ,�,• Y. emu„ r•...,. r.+, ,. ,.a .,n.i.aa:....'1,iF°..-D CITY O TIGARD NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be held by the City Council a Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon,. on June 14, 1976, at 8:00 P.M. with respect to the following: PRELIMINARY REVIEW - Request by Roger Belanich for preliminary plan and program review of proposed comMercial planned develop- . merit in the vicinity of 121st, 122nd and Scholia Ferry Rd. (Wash. Co. tax map 181 348„ to lob 500) , All intereSted persons may appear and be heard in favor of or . q A ,ainst the said proposal. 8Y ORDER OF THE CXTY COUNCIL Doris fart City Recorder TT publish 5/27; 6/3 1 • ,,, .. , ,,. . .. .. , .. • • i . .. , . '1•••- +, ., . .• • .. . . . ... ..... , .. --- 4.,..t.,,...— .e-4 r . e , . . .. , ' .. AFFIDAVIT OF PUBLICATION • STATE Or OREGON, 1- COUNTY OF WASHINGTON -------;••••••„,-;-'7.7471.,,r77,-------t,,,,,,,,,- , .. .0 1 ssi .. •"",`', :',',-, ic 1A":-ColcliiIdA ti'''' 1•Z'''" '' , sn.., ., , o_trt , ,,, „,,,,..,.,,•- .• ,„ ,-,,,,„,• ,,,,, : ,1:'•:,,":•"':.1T4,,, •',°,P411.134Ida-A, "1,•, '' ''."' ' • , ,, ,', • t , ,ppc. 4,7.,I.•,'Zilifsf,j,174ii,4 .!, 1, ..................„..„........—,....--.Joseph.„.8.ehater . ..„ _ ...• „.. 1 ' .-.1fie4;11:1.610611 flibititit,11,0 -1..V 'tirdiellt;:-.. 1 . , .. . '.14re-,`+•.)6--0,1,i• 'S s tit,-, --I ''''. ” 4''' ,,,, 1 f, •. ,, .trif4''W:41 'Sre•At '" •. .• . i .. ri ,Q 044, ••-•'',.~.-, , t„,•■•,..0;•• 1.....-.„,..k - •k ,.'' being first duly sworn, depose and say that I am the publisher —..—........--7....„, ,..;,*,:o -.,,..45:, . t.2g.,.f ;•iyi, Atne„,4, , 0 d,,a ,‘ voire16` a. ,..1 - ti` , IN'., "+7t, 0 ,,j; t-- 01,,..•,,,- of The Tigard Times, a newspaper of general circulation, as defined ,.,;0. •,fliii .4‘,104±-40,4* Y , . 1 d"'-'..He g tr.s f , .ikieV. 10..t.41 el t."0' •la .!- .„ ,, ,,„,,, ggi.gta0010::(3 ;,,,J• 1,,,.. • ' ' ' by ORS 193.010 and 193,020, published at Tigard, In the aforesaid county and I , oxe Etroritit .;,i..kaolfr.p.., ,,, .°°,,,,,, • •-,0iiiity'got , v it.,t op Plot - • . kin rh '.' ,,, 8 lc.qt$ .0 . Tris,, • • . ,, state; that the legal notice, a printed copy of which is hereto annexed, was „,..,,,,,..i t00):x, •!, ,,Y•, .?,, ..,,,,,,y,,o; •014,,, V.,,,E't,,4 P . 'Alt'4 +,' . published In the entire is atie of said newspaper for „.2.................—.. successive and ''.,''`•... .,66:10,int,,4,rd,,S, ,t,• ., 'Oaid'he,dpeiSalii ,, •••,,,... - '' ,,,99 .r,0 ii.7),,,,,„,, consecutive weeks in the following issues :—.-.............-....--.............,........ „----.... ,,1 . by itmbt*, .,•:: ., ,. May 27 and Juxie 3 1976 ,, i,' , ,,,,,,,, ,, ,,.-. ;.''. -,,, brk ,., tiff)„, . , ...___.....___ , ,„ , , •, •L) Gi y 27i .-- tit 2 '''''' 11w6),.4.0!,”-(4 ,:,.i,'°4,:cbt:,, , . . . ..,,,,,...„.,.. re of.' .• ,;,,,,,t1.:`' l•,, , 8illistribedojnd tWoril to before me this ,...............•:.-.9,t-11.....„..,..„-.,_,.... day of ,......„..... , ,11,. ,,-• • ' • ' ' "3"6.116 76 ,19 c.) . ,., ......... ra,.......!,,,v,„...,..,. Notary Public f Oregon i •••,,,,, •• .• • My comiillagion OXpires• ,......—„,........... ale.• ..,Ji:2,... 19'.2.c.1, . . • . 0 . , . , • . . -,. . • . , . •,,,' , ., -,, • • ,, :„ RECEIVED •. JUN 9 1976 ,• . CITY OF TIGARD June 3, 1976 Mr. Roger M. J3eianioh 2330 -. 43rd Ave. last , Seattle, Wash, 98112 Reference: Pile No, 2C 3-76 Dear Mr. Belaticht This is to advise that the Tigard. Planning Commission, oft May 18, 1976, voted to recommend City Council approval of the appropriate . zone change regarding your application for general plat and program review of a proposed neighborhood shopping area at Scholls Perry Rd. and SW 121st Ave. This approval was granted with the following con- : ditionst 10 Sanitary sewer hook up be shown for the 4,00q. ft. building. 2. Conditions attached at the time of the original zone change be satisfied prior to issuance of building permits, 3. Curb cuts on SW 121st and SW 122nd and the setback from SW 42/ir 122nd be noted as code deviations. .) . • You should be present at the City Coutoll meeting on June 14, 1976 • at 8400 p.m, to answer any questions whit h might arise. Sincerely, • . Riohard Daniels RD tpt Note: The ±o11owig aoknowlodgmont must be reoetved by the City rah Tigard within Xourtoen (14) days o.t your reooipt øC" this letter. • Vailure to returt this aoltnowledgmett may result it action. by • • the City of Tigard. • htroby acknowledge this letter dooumenting the lotion of the Tigard Planning Commissiot* X have reoetved atd react th$J$ letter and I agree • to the decision here dodumented and to ..i.bido by aty to i:ad/o ' con,- ditions attached. • - • • • •‘• •'-,•• ,'” Tr'i. 0 • May 26, 1976 Roget tolanich 2330 - 43td Avenue, east Seattle, Washington 98112 Reg Zone Chahge 3-76 " Preliminary Review 40.40 A Dea t Mr, Belanichs The above mentioned Matter has been set for a public heating by the ' Tigard City Council for June 14, 1976 at 800 P.M. The hearing %All be held at 10865 S.W. Walnut Street, Tigard, Oregon, in the Lecture ROM% • U. you have aty questions tegatding this hearing, please feel iree to Contact this office. Sincerely, Doris Marti& city Recorder DHslw (7- r • . . TIGARD CITY CpUNCIL r REGULAR MEETING MINUTES MAY 24 1976 70 P.M. r 1 . ROLL CALL: Present: Mayor Wilbur Bishop; Councilmen John E. Cook, Alan , W. Nickelson, Robert C. Moore, Lynn R. Wakem; R. B. Adams, o. • Chief of Police; J. D. Bailey, Legal Counsel; Richard Bolen, Planning Director; Bruce P. Clark, City Administrator; Doris Hartig, City Recorder; Arline O'Leary, Administrative Asst. • ' ' 26 CALL TO AUDIENCE FOR THOSE DESIRINQ TO SPEAK ON NON-AGENDA ITEMS. (a) No one desired to speak. 3. APPROVAL OF MINUTES - May 10, 1976 (a) Motion to approve; Councilman Cook, seconded by Councilman Moore. Approved by unanimous vote of Council. 4 WRITTEN COMMUNICATIONS: Transmittal Fred Meyer re: Traffic problem on parking lot. Transmittal Lynda G. Harrington re: Rep. Pat Whiting. Transmittal Department of Commerce re: Fire zones. • (a) Motion to receive and file; Councilman Cook, seconded by . Councilman Moore. Approved by unanimnus vote of Council. 56 APPROVAL OF EXPENDITURES AND INVESTMENTS: giL2§2.24 (a) City Administrator explained the expenditures should be lowered • ' • by the amount of $190.33 leaving a balance to be approved of $1iL969.24.. (b) Motion to approve; Councilman Cook0 seconded by Councilman Moore. • Approved by Unanimous be of Council. 6 SETTING oy PUBLIC HEARINGS: (a) Motion to set the following item for Public gearing on June 140 1976 commencing at 8:00 P.M. at Fowler thtnior Nigh School Lecture rooM: 1 ' Preliminary review Aequest b ateaggitJaela440h for prelimitary p1 and program review of proposed commercial planted deVelop.- ment in the vicinity of 121st, 122nd and Soholls Perry Rd. (Wash. Co. tax map 1$1 34130 tax lot 500); Councilman Cook seconded by Councilman Moore. Approved by UnanitoUs vote of Council. •. ' L.;;.M-...,::,..»-..—.rr.,wa.r..h..w.,...1,.-,h-nr+,,.,,a,-,.•,.-,.rm,•-..,...:..M.,.,..�......A-...i.nM,.+.n,a.M...,n'I.,w...*+.,.N,...+nn,-.r.o_........,..m...v,r..._..,.n....+.ir......,,-.N...,....,..+,-....«.............r...,...-.....,..v:u....-.,..„.•...._.,..,,...- .., ., ..... .. 1 ,4 • F. .:r OREGON STATE ,0`‘ HIGHWAY DIVISION rk - ac. Aro 'y•,j1• 7^ �,1'� DISTRICT 2A ENGINEER �li�. �� CIS P.O. BOX 565 BEAVERTON, OREGON 97005 ® P'hone 229-5002 ROBERT W, STRAUB May 20,. 1976 GOVERNOR F, .KtAaaE Mr. Dick Bolin, Planning Director Administrator and City Of Tigard State Highway Engineer Post Office Box 23557 Tigard, Oregon 97223 Dear Dick: RE: Signal Warrant Study Scholl s Highway at 121st As a condition of approval of a shopping center, the Tigard Planning Commission required the developer to place a signal at the subject intersection. It was stipulated that the Highway Division would determine the actual need for the signal . Since that time a traffic signal warrant study has been conducted and it has been determined that a signal is needed. A three phase fully actuated traffic signal is estimated to cost $40,000.: In order to proceed with the installation of this signal , a tri party agreement would be required involving the Transportation Commission, kj 'the City of Tigard, and the developer. The Transportation Commission would construct and maintain the signal , the developer would pay for the cost of the installation, and the City Of Tigard would pay for power consumption. Upon approval of this agreement the Highway Division would proceed with the design and construction of the signal installation. Please advise if the City and developer are agreeable to proceed on this basis. Sincerely, William W. Geibel District Engineer WG:jm cct L. E, George L. Har'dt R, W. P`ai lmezger 1 • NOTICE OF PUBLIC HEARING Agenda Tigard Planning Commission May 18, 1976 - 7:30 p.m. Twality Junior High School - Lecture Room 14650 SW 97th Ave. , Tigard, Or. 1. CALL TO ORDER • •. 2. ROLL CALL 3. APPROVAL OF MINUTES 4. COMMUNICATIONS 5. PUBLIC HEARINGS 5.1 ZONE CHANGE ZC 4-75 (Bunn) A request by Ken Bunn for general plan and program review of a proposed multi-family residential planned development in the vicinity of 109th & Canterbury Ln. (Wash. Co. tax map 2S1 10AD, tax lot 500) . 5.2 ZONE CHANCE ZC 3-76 (Belanich) A request by Roger Belanich for general plan & program review of a proposed commercial planned development in the vicinity of 121st, 122nd & Scholls Ferry Rd. (Wash. Co tax map .Si 3413, tax lot 500) . 5.3 CONDITIONAL USE PERMIT CU 13-76 (R.O.K./Stock) A request by Jerry Scott & Richard Kiser to locate an auto- , motive repair business in an M-4 (industrial park) zone at 9035 SW Burnham Rd, (Wash. Co. tax map 251 2AD, tax lot 1600) . 5.4 CONDITIONAL USE PERMIT CU 14-76 (Join' Smith/ yhomd) • A request by John Smith to locate a Greyhound Bus terminal • an the C-3 zone (general commercial) on SW Pacific Hwy. in the vicinity of SW 79th, Ave. (Wash. Co. tax map 151 3600, bax lot 1900) . 5.5 CONDITIONAL USE PERMIT CU 15-76 (Jonathan McGladrey) • A request by Jonathan McGladrey to locate a legal advisory service in the R-7 zone (single family residential) at 11495 SW Greenburg Rd. (Wash. Co. tax map 151 3500, tax lot 202) . 6. SUBDIVISIONS 6.1 MINOR LAND PARTITIONING ML? 276 (Sam Clotter) A request by Sam Cotter to partition a 3.17 acre parcel into a 1.10 acre and a 2.07 acre parcel on SW onnor St. , west of SW 107th Pl. (Wash. Co. tax map 2S1 3AD, tax lot 800) . 7. MISCMANEOU8 / 7.1 An intorprepation of what denots a business activity in a ”mini-storage building. All persons having an interest in these matters are invited to attend and be hoard. Publish TT 5/6/76 — 0^^ V page 5 PC Minutes 5/18/76 guarantee of the improvements of SW 109th St. be provided during the general plan and development review. ° Motion approved by, majority voice vote with Sakata dissenting. 5.2 ZONE CHANO ZG ,(1361anie1i) A request by Roger Belanich for general plan and program review of a proposed commercial planned development in the vicinity of 121st, 122nd •' and Scholls Ferry Rd. (Wash. Co. tax map 1S1 34B, tax lot 500). A. Staff Report; read by Bolen. B. Applicant's Presentation: ° Roger Belanich, applicant, summarized his proposal. • Porter inquired whether the right-of-way along Schnlls Ferry Rd, was adequate. Mr. trnie Platt, Commonwealth Properties, stated that he had been in contact with the highway dept. and they have approved the right- ' of-way dedication as shown on the general site plan. • Tepedino inquired whether thete was adequate turning radius for a truck backing into the service area. 0 Belanich said that it was and it was unlikely that traffic along ,f SW 121st would be delayed while a truck is maneuvering into the service area, • Henry Voderberg, 543 3rd St. , Lake Oswego, architect f6r ti appli- cant, explained how this shopping center would be able to be ex- panded on tP the rest of the area designated on the Tigard Com- prehensive Ptah as neighborhood shopping. o Krause inquired as to how access would be provided for expansion, ° Belanich responded that cross easements would be provided for all driveways within the development. Bolen toted that the location of the driveways front SW 121st and SW 122nd and the setback from SW 122nd are not to code acid should ' be listed in the general program plan as code deviations. C. Public TeaLimony: o Mt. Cy Penn, Mercury Oevelopment, teprosehting Mr. Meats, property owner to the west, stated their intention of not expanding the shopping area and that the Planning Commission should review this development on its owh merita. f( 7 . page 6 PC Minutes 5/18/76 !� " Xavier Zuada stated that the development of a shopping center is being proposed to the nog:thuas t of this at Sorrento Rd. and is under consideration by the City of Beaverton. o Bolen stated that the staff was aware of that proposal and that this plan does not conflict with the official plans of any other agencies, o Pena stated that the CPO for the Tigard area had recommended that the Sorrento site is better for neighborhood commercial and that : recommendation should be adhered to. :l o Bolen responded that the Planning Commission should, consider official, adopted plans and that plans in thu making should not be considered as importantly as the officially adopted plans. D. Staff Recommendation: Staff recommends approval with the following conditions: 1. Sanitary sewer hook up be shown for the 4100 sq. ft. building. 2. Conditions attached at the time of the original zone change be satisfied prior to issuance of building permits. 3. Curb cuts on SW 1221st and SW 122nd be listed as code deviations j* as well as the setback on SW 122nd. PUBLIC HEARING CLOSES E. Commission Discussion and Action o Krause recommended that the building be moved closer to SW Scholis Ferry. Voderber explained the parking situation and that the parkin g stalls immediately in front of the building are necessary for • convenience shopping moving building closer to Scrolls Perry eliminate those P laces. ° Sakata Moved and Nicoll.1. second to approve the general plat and program with staff conditions. ° Motion approved by unanimous voice vote. 5.3 CONDITIONAL USE PERMIT CU 1346 (R.O.K./Stock) A request by Jerry $0ott and. Richard Miser to locate an automotive repair p • p Mµ4 �andustri,al ark) gone at 9035 SW 13urt�ham St. t�sinos� in an (Wash. Co. tax map 281 2AD, tax lot 1600). A. Staff Report$ read by ba,niels. ° Phillips asked why the applicant: is now coming before the Planning Comrnl.ssl.on when the building is existing and they are opera t .ng the businessi , f t fOr a AP PLANNING COMMISSION Staff Report May 18, 1976 • Item 5.2 DOCKET: ZC 3-76 REQUEST: General Plan and. Program Review of a proposed commercial planned development LOCATION: In the vicinity of 121st, 122nd and Scholls Ferry Rd. (Wash. Co. tax map 1S1 34)3, tax lot 500) . APPLICANT: Roger Belanich BASIC FACTS: 1. The Tigard Community Plan designates the area of 121st and Scholls Ferry Rd. as "community shopping" . The objec-4ve of this designation is to concentrate shopping facilities that provide a limited range o± comparison shopping goods and a broad range of convenience goods and services in easily access- ible locations. The primary tenant of a community shopping center is a supermarket or variety store. 2. Section 18.56,040 requires that, in order to recommend approval of the genefal plan and program, the following findings must be affirmatively made! "(a) The Planning Commission, after public hearing as 1 provided in Chapter 18.88, may, by resolution recommend approval of the planned development district and the general development plan and program, with or without modifications or may deny the application. A decision to recommend approval of a planned development district shall be based upon the following findings: (1) That the proposed development is in substantial con- formance with the Comprehensive Plan for the City; (2) That exceptions from the standards of the underlying district are warranted by the design end amenities incorporated in the development plan and program; (3) That the proposal is in harmony with the surrounding area or its potential future use (4) That the system of ownership and the means of develop- ing, preserving and maintaining open spaces is suitable; (5) That the approval will hava a beneficial effect era the area which could not be achieved under other toning districts; 4 , page 2 PC Staff Report 5/18/76 Item 5.2 ; (6) That the proposed development, or a unit thereof, can be substantially completed within one year of the approval. FINDINGS: • 1. The applicant has requested a general plan and program approval for a commercial planned development in the vicinity of 121st, 122nd and Scholls Ferry Rd. on a parcel zoned C-4, Neighborhood Commercial. 2. The Planning Commission granted preliminary plan and program approval to this project on April 20, 1976. 3. The policies of the Tlgard Community Plan have been addressed in the following manner: A. No other community shopping facility is within 2 miles. B. The proposed shopping site is at the corner of an ar- terial and a collector street which i8 easily acces- ible. C. The proposed site is 3.15 acres, but provisions are being made to continue the development west and make a larger site. D. Adequate streets, sewer and water services are avail- , able nearby and are shown to be provided in the development. E. The parcel is being developed as a Planned Development so as to achieve a more acceptable development. 4. The deviation to the requirements of the Code is a reduction of the setbacks along 121st from 20 ft. to 10 ft. and along SW 122nd from 20 ft. to 5 ft. This is due to the unusual situation whereas the site technically has four front yards. The commer- . ()jai development is envisioned to continuo onto the adjacent parcel, Also, the applicant has agreed to support the vacation of SW 122nd. The reduction of the required setback from 121st is being minimized by landscaping, 5. The site development plan has been revised since the applicants initial submission for the May 18th meeting. Therefore, the Statements in the submitted narrative which refer to the setback on 122nd should be viewed as referring to a 5 ft. setback rather than a zero setback. In addition) a typographical error exists in the last paragraph on page 2; 121st St, is being referred to rather than 122nd as stated, • 4 4 " I page 3 PC Staff lieport 5/18/76 Item 5.2 6. The surrounding land uses are primarily undeveloped with vacant subdivided residential lots on the east. West and south of the site are large areas of farmland. The Tigard ComillunLtz Plrm envisions the entire surrounding area to be -"urban low density residential" and as they urbanize they will be able to take into account this development and minimize the adverse impacts. 7. The covenants supplied by the applicant propose that the land4- lord be responsible for maintenance of the common area. • 8. By deVeloping the site as a Planned Development, the City is able to assure that the major tenant is a grocery store, there- fore fulfilling the intent of the Comprehensive Plan and serving the needs of the neighborhood. 9, The applicant has stated his intention of beginning the con- struction work this year. 10. The specific types of landscape plantings have not been pro- vided, nor the means of irrigation. This will be addressed during the de, ign review process. 11. F3ased on the stated intention of the developer to support vacation of 122nd, it is only being improved to a point south of the entrance. If future development requires improvement of 122nd, improvements will be provided by that development. 12. The 4100 sq. ft. future rental building shows no sewer hook up. Sewer hok up could be provided by joining into the line from the 4800 sq. ft. building. 13. The initial zone change to 11C-0 was conditioned upon a 20 ft. landscape setback from Springwood Dr. The applicant proposes a varying width from 27 ft. to 15 ft. and a service drive. The applicant also proposed extra landscaping to fulfill the intenb of the condition. 14. Communication with the highway department has brought out the need for a traffic signal at 121st and Scholls Ferry. Proof of the applicant entering into an agreement with the highway dept. to provide the traffic signal will satisfactorily fulfill this condition of rezoning. . • 15. Not all of the dedications required as conditions to the zoning code have been provided. This needs to '')e done prior to issuance of any building permits. 16. The applicantts attorney has submitted a letter (attached) stating the form of covenants which will be drafted to fulfill condition 0,0:Y #10 of the C-4 zone change, if this prwiect receives final zoning • If approval. • til."."8"-'1'1"."11111"Nlimmilimmogididarri 4 P' • LAW OFFICtS OF SMITH, TODD & BALL, P. C. PATRIcK , 400 OritGON NATIONAL MAU:ONG AREA Cook: 503 DENNIs F.Tob0 PORTLAND,ORGON 97205 PoKTLAND 22,8.6375 float:RT 8,BALL JACK April 27, 1.976 API-) u /C, Mr. Dick Bolen CITY OF -I-, o (7,41?) Planning Director City of Tigard Tigard City Hall Tigard, Oregon 97223 RE! Mr. Roger Belanich; Your rile ZC 12-75 Dear Dick: Pursuant to the request of Mr. Belanich and according to condition number 10 of the Tigard City Council ' s approval ci the zone change from SR to C4 on December 8, 1975, this letter is intended to outline the means by which Mr. Belanich proposes to comply with requirements for coordinated commercial development with property on his western boundary. At the time of the final ordinance approving a zone change to PD, Mr. Belanich will execute and record a covenant encumbering his property with the following provisions : 1. The obligations contained in the covenant will "run with the land' in order that they will not be personal to Mr, Belanich, but will constitute obligations of whomever may acquire the land in the future. 2 The covenant will evidence the consent of Mt. Belanich, and of any successor in interest to his land, to the vacation of 122nd Street at any time by the City of Tigard, and the waiver by Mr. Belanich, or any successor in interest to his land, of any right to remonstrate against •1 or contest the vacation of 122nd Street, 3 , The covenant will contain an agreement that the • land owner will, upon request by the City and upon vacation by the City of that portion of 122nd Street lying adjacent to the property on its western boundary, encumber the proporty aud the portion of vacated 122nd Street which Inures to the property with an easement, or easements , assuring rfotprocal access and utilities between the property and 444 property with which commercial development may be integrated, 4 4 SMITH, TODD & BALL, Page Two Mr. Dick Bolen April 27 , 1976 This letter is not intended as an expression of the language to be included in the covenant but merely to seek your approval of an outline of its terms . Please let us know your thoughts . Ver truly yours, fl:?a Robert S. Ball RSB:dc cc Roger Belanich 4 ee 0 10 . # N ( B '4- •• ' (1 CITY OF TIGARD, OREGON '', , )--- , •6 ORDINANCE No. 75 - .061 . AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY , ROGER M. BELANICH IN BEHALF OF COMMONWEALTH PROPERTIES, INC. FOR AN AMENDMENT OF THE 1970 ZONING MAP OF THE CITY OF TIGARD, Cr NGING . A TRACT OF LAND FROM WASHINGTON COUNTY SUBURBAN RESIDENTIAL TO TIGARD , NEIGHBORHOOD COMMERCIAL (c-4) WITH RESPECT TO THE NORTH 675 FEET OF TAX LOT 500 ON WASHINGTON COUNTY TAX MAP 1S1 34B, GRANTING APPLI71 CATION AND FIXING AN EFFECTIVE DATE. . ...........___..*............./......**..4 .......W...1.....4*...........aa....****“.............*.... .. . I t THE CITY OF TIGARD ORDAINS: . • • Section 1: Finding that the lands hereinafter described have been , . heretofore and are now qlassified as Washington County , Suburban Residential pursuant to the provisions of the Washington . , County Zoning Ordinance at the time of annexation of said lands to the City of Tigard and that said lands have not been rezoned by the 1 ,-. City subsequent to that annexation, and further finding that pur- suant to prescribed procedures, the above-stated application for a 1 . , zoning map amendment was heard in public hearings held by the Plan- ning Commission on October 21 and November 4, 1975, and all interest- ed persons were then and there afforded an opportunity to be heard, and thereafter the Planning Commission filed its report and recom- ', , mendations with the City Recorder, a copy thereof, hereto attached , and by reference made a part hereof, recommending denial of said application and, further finding that, after due and legal notice, ' , ,• a public hearing was held before the City Council on December .53 , 4 •, 1975, and that at said hearing the applicant and all other parties ' - . desiring to be heard wore afforded an opportunity to be heard and present and rebut evidence with respect to said application, and furbher finding that, based on , evidence, both oral and documentary, i and on the record o± said hearing before the City Council, the 1 . Council has made the fo]lowing substantive findings: . . a. That the application conforms ho the text and map ' of the Tioyd C0Aunly plan of 1971, as adopted; . and • b That the applicant has shown a substantial community need for his proposed development on the subject site of his application; and ± 7 o That substantial housing development in the immediate , . vicinity of the pooposed site has created that need; • and • d. That the Jroposed zone map amendment will provide the zone designation appropriate for that proposed pro- , jecb; and e. That public sewer and water is available adjacent to • 1 ± . . ± . 1 , or. rn (‘' the proposed' site; and f. That no ' additional impact on adjacent lands or pub- lic services or utilities will be created beyond those noted hereinafter and that mitigating con- ditions can and shall be attached to approval of this request, sufficient that no public bprden shall • be created by this development; and ° g. That the proposed location is most suitable and appropriate for the commercial development proposed. Section 2 : Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, the applicant's request for an amendment of the Tigard Zoning Map, of 1970 to zone those lands hereinafter legally described (exhibit ofku attached hereto and made a part hereof) being also herein referred to as the North, 675 feet of tax lot 500 on Washington County Tax Map 1S1 34B, for Neighborhood Commercial (C-4) use subject to the provisions of Chapter 18.32 (Neighborhood Commercial Zone) and further subject to the following conditions: * 1. That no building permits be issued for the site un- til the property owner has obtained an approved plan- . ned development zone. • - 2. A 5 dedication for public street purposes on, . 121st and 122nd. 3. A 10 'ft. to 20 ft. dedication for public street purposes on Scholls Ferry Road, the final deter- mination of width to be made by the Oregon State Highway Dept. 4, A 5 ft. utility easement on all lot lines. 5. Development of SW 121st from the Soholls Ferry Road * intersection to the southerly line of Commonwealth's * Englewood Planned Development Taprovement shall be to city collector standards (44 ft. roadway) with curbs) 5 Tt. sidewalks adjacent property lines, and a landscaped strip with street trees. Improvement to the intersection of 121st at Scholls to provide for left and right turn channels from 121st and a left turn channel on Scholls Ferry to 121st. 6. No access from Scholls Ferry Road and no access to 121st within 100 ft. of Scholls Jr erry. V. That pedestrian/bicycle trail. be provided along Scholls Yeiiry Road (extending that already provided for easterly of 121st adjacent to Englewood) . u 6 8. The extension of SW bprIngwood Drive across tax (2) Ordinance No. 75 4 4 0 C lot 500 to intersect 122nd with a 50 ft. right- of-way, improved to a standard 36 ft. street. 90 That no building permits be issued until a traffic • signal has been provided at 121st and Scholls Ferry , Road. However, because the Oregon State Highway Department has the authority to approve signalization, a decision by them not to signalize this intersection will have the effect of waiving this requirement. 10. Covenants shall be provided to make possible the • future vacation of 122nd Street, if deemed necessary, and to provide cross easements with any future corn- ; morcial development which may occur on the property to the west. 11. Landscaped setback from SW Springwood Drive of not less than 20 ft. • 12. Landscaped setbacks from SW 121st and from Scholls Ferry of not loss than 20 ft. Section 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval by the mayor. PASSED: This day of y 1975, by ••••■■•Ll.......... vote of all Council members present) a.ftorThefn—g—Fe—alf three times by number and title only. . Recorder - City of Tigard APPROVED: By the mayor this day of 1975. . - Mayor - City of Tigard • , • Ordtnano6 No. 75 4 4. y• • 1 i.e- i• Oct fl 4f 7ffi , ' ;# :� ' �,� ter, �•�� , �'�� , . N . � � ''/ - , ;, v r .4.1. 4�oo,e , . "" s)5615 r ! ; « /% y/7, ••: I 4 t;. f� '• . C.') 4';',„.1.•SiA,' $1, , .. . . ,,,„1„,:, 1:::.:?).. .4. . . . . • , •o-e � • � { - : . . w , . ILL • 'to I •! i W i 1?"ilf ej,rt9Cd Vella 11 . . _ .-....•h•.............,........,. ...,s, .....1 .....,..1.•..'..7: ■, .,-.....f ; fan . 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Y♦ y Tn � � 1jµo { 1 + Y it li , +I y � i 'i y.SY1•4 a . 1 ''r/' y v• 4, • i ' q �•• wi • t a,'" -. i ► •' ' %, ,•' it 4 y { i • I Y f-w, , , 1• y. ii ' i• . xt 1 1 O+ 4 q .f 4i• . 7 'w • ,$ , y x, � A Mn1 i?O y1 �ti +u ' , a^ •• y .ti * ,r, , Y yd i 4 A I ;.: t'„r r • -‘4 Ya «!!, I y u Y1 Y 1 i, t, ‘44 x• OA { i 1 l e q` r ...+�+ i 4.14 N i 1 • •W, ell:1 ` 1 � r y1 4 It w �rrreaw i 0 ZC 3 76 May 18, 1976 * • STAFF RECOMMENDATION: Staff recommends approval, with -the following conditions : 1 , Hook-up to sanitary sewer be shown for the 4100 sq. ft. building. . k • 2. The conditions attached at the time of the original zone change be satisfied prior to issuance of building permits. • • f 4, ., .• , , .• • . . ,. . . . . . ••. •- . , . . : •. , ..._....................................-...„ ..e....._....._ ...............10.10......... 0.1.......**........a.... .i4.214,L..., ( 47 ""... + '* " '*. • '0 . ' 1 . AFFIDAVIT OF PUBLICATION A\•genda ki.t.)TICE OF PUBLIC HEA.RING . „ ,:,...4." ,. ', °.,,;.• ,,-:,.•". .,,-, •' . . . STATE OF OREGON, . Tigard Planning Commission ,i,ts.f.. ,,. • : May 18, 1976 -7,7:30 p.m.'. !., •4, ',:,' • . COTJNTY OF WASHINGTON, 1 ss !,Tvvalimty Junior High School--7-Lecture , Roo '. .•:'''''":,-,:',;. ?,..4",°,'.4 „?,..'--,,,,•,. . . ' ; 214.6R500 LSt7t 947tothtA7.1,et..;:Tii,gar;iti,Q:::: ‘"Af,„ ,,,,:: ... t.l. CALL,T0 ORDER . ' '.•;",••,;!•„, .1,i24,,o,,,• I, ..,,,,,__..........__........aos.epb.....achafer - , a , .' 3„APPROVAL OF MINUTES',4.,1,,,',Y ;:i,'t, being first duly sworn, depose and say that I am the publisher COMMUNICA'rIONS"..j:A44,i',- , . — 'i, PUBLIC ,„*Vi.',:=,,, 3 ..,...--, Th . _ of The Tigard Times, a newspaper of general circulation, as defined lt,:,:, 5.1 ZONE'.CHANGE'ZC 4-75.(Iiiiiim),). r, A request by Ken B'unnfor prelimi- ., ,. .:nary ,plarC,and' program sreview 'of a by ORS 193.010 and 193,020, published at Tigard, in the aforesaid county and 'proposee'inuiti-family. resideii'tial , . - , • . , planned development i,n-the vicinity of state; that the legal notice, a printed copy of which is hereto annexed, was 109th&Cante.rbury Ln.(Wash.,Co.tar ,... t'inap 2S1 10AD;sta.x lot,„500), .,., published in the entire issue of said newspaper for ..... 1 , ,t• 5,2 ON • •1 E ZC 3-73(Belan-, ' ' consecutive weeks in the following issues 1, A request byRager Belanich for 6en-.' 1 ......... , ,, , ..., 'era) plan, & program: review,of,-a. --- 'proposed Commercial planned develop- ., .•■••••■•••.........".......................**May--.6-1-1-9-76--- - - „,.../i. ,- .; ' meat in the vicinity of.12Ist, 122nd gc., . ., Scholls Ferry Rd. (Wash, Co,tax map.' •- ' .:), ... ,1S1 34B. tax ldt 500).` if;,;°,:. ,' .r•-",''.-, ( ig4 re) - . 5.3 -CONDITIONAL.' OSE 'PERMIT' , . . . 7th „ day of ....... ' A request by Jerry Scott & Richard • Subscribed and sworn to before me this Kiie.r to;ideate in automotive repair -- -.-,-- ----'",r---.-'--:..-•74--,--.,. bisiness is an M-4. (industrial park) • . . 76 May . ... . as...._.. zone at 9035 SW Biirriliain Rd, (Wash, • .... , Co, tax map 2S1 2A13, tax lot I600).' , i 5.4 CONDITIONAL USE PERMIT - 1 -------; -iige,64 _L,71. 44 f„, 17,;61 CU 14-76 (John gmith/Greyhowid) , . 1 . •-• - - .. 14. t''''''''''''''''''''''''''' '''''''' '-‘. A.request by John,Smith.to locate a, . . Gteyhounc1 BUS terminal iri. the C-8' . , ( ,,/ My cominitsion expires '''''''-......- .,..C.'+:-.'•K.,...L.1..... 19_1-4 .1w: (general t'choernvniiFeirnclitapoof ns,vvSW7Att / 7 . Me.(Wash:Co.tax map 1S1 36cD,tax: ' ...........■{mor..............arraan ..................*...... . ...'"'."‘'..*"''..".....''''''ItOta5.159,9.9cbao.N'a,DA lair-Ioa:qmart,ALI, uGlatdreriLyE)Ily,t1,rr, 11 bIl 15-76 (Jonath.• i service In the ,' , , , t'l locate tat toga' adstisotY. ,i „ 1. 1 n McGladreY,to ' 'A to:pest by Jona,dui . , , . , .1 6.SUBDIVIStONS , .. . tx1:719rit'lliii;(ghnleeen.britatirntgall::R.lidt‘:its(Wit;;;7;111::::,)C!.30t■!: ' 61 MINOR LAGsl'ort,erP5A,,,,B:r171,.. r. ,T.0`3 n',,,.. ,i'Mo.,1.,3AP,Arie2 4,47ucgei , West ot fr!!1:1'n!tEl! ,,!i:1, ":1,(11',. .,. ,. 7.2,m071stleerEte:rmeeElous,,,(,w,,,, 7w..,,..c:11(51:.tettx..,,, • . rona: /a.8.1. 3,0,tax lot g8:10):Pic:tn::.it. gs,L4,. tig.l. Atibuinsitnerictrpacatilvoitity9fir 1:,;41..,,,, . .. storage" buticlingc.,,„,, - interest . . be heard......--.ilLia?2,....2722...In (Tr 2724 vi.,r,,,ted: ?,,,telid.,.,[1:1,,,, these triPeartstrissarring a'I'lt 'l In' . •, . .. . • , , • # • 4 , * i • ti. 1 , •,0s TIGARD . CITY OF TIGARD P. O. Bo k 23557 12420 S. W. Main Tigard, Oregon 97223 April 30, 1976 Dear Property Owner: On April 230 1976, we notified you that an item was scheduled for Planning Commission hearing on May 4, 1976. This was a zone change request by Roger Belanich -- a preliminary plan and program review of a proposed oommercial planned development in the vicinity of 121st, 122nd and Scholls Ferry Rd. Please be advised that this item has been set over to the May 18, 1976, Planning Commission meeting, at the request of Mr. Belanich. You are invited to attend this meeting which commences at 7:30 p.m. on May 18, 1976, at Twality Junior High School - Lecture Room, 14650 SW 97th Avenue, Tigard, Oregon. . " ' Sincerely, Tigard Planning Department • • ■ 1 • • 1 .• • • • 1 !.1 . , April 280 1976 Mr, Roger Bolanioh 2330 - 43rd Ave, Eat • Seattle, Washington 96112 Reforente: Vile No ZC 3-76 • Dear IV4 Belanioht Please be advised that the Tigard Planning Commission, at their regular meeting of April 200 19760 considered your request for Approval of your preliminary pan and program for a oommeroial planned development it the vioinity of 121st) 122nd aad Sohollt Ferry Rd. Your aubmistion was approved in oondept and you are • invited to make applioation for a planned development zone Ohanges _ . Please do not hesitate to call this office if you need additional information or assistando. Sincerely . , DLO Bolen Planning Direttor Dttpt tot 8uilding Offidlal • 4 • , • . • *t S • ROGER M. E3ELANICH Business Property Development • 2330 • 431W AVENUE EAST I' ' SEATTLE, WASHINGTON 98112 (206) 329.3290 1' April 28, 1976 �. Mr. Hal Hewitt • Director of Planning City of Beaverton 4950 S.W. Hall Blvd. Beaverton, Oregon Re: Rezone Sorrento Road and Scholls Ferry Road, Beaverton pear Mr. Hewitt: It is my understanding that a rezone application is being investi- gated on the above property for the purposes of a shopping center development. I am the owner of the 3.5 acres at the southwest intersection of S.W. 121st and Scholls Ferry Road. This property is zoned C-4 neighborhood commercial , with the City of Tigard. 1 am currently working on plans to build a shopping center later this year at this location with the major tenant being a supermarket: Please inform me should an application have been made or is pending for Road so that may of staff and any pubs Ferry property f Sorrento and Scholls ' ,•. `' Y myself your y p b 1 ic hearts ing concerning the matter. Very,t ru l yours • l M • ( V Roge M. Belanich cc: Mr. Dick Bolen city of Tigard •i • • ROGER M. BELANICH Business Property Development ; 4 10,6moi.ott',Z,1( 14.: 2330 • 43RD AVENUE EAST SEATTLE, WASHINGTON 98112 it (206) 3293290 CITY OF TIGARD April 23, 1976 Mr. Dick Bolen Director of Planning City of Tigard P. O. Box 23557 Tigard, Oregon 97223 Re: General Development Plan; 121st Avenue S.W. and Seholls Ferry Road; Tigard • Dear Dick: ,4 Enclosed is my submittal for A General Development Plan, together with the fee of $275.00. As a result of the recent approval by the Planning Commission of my Preliminary Development Plan together with the information be- . ing submitted with this application, I believe I have met all re- . quirements. • lienry Voderburg will subiit the plot plan information separately and Rob Ball will send you a letter on the covenants. • Very_truly yours, I g fid lio!er M. Bel6ftich k 1,1 to eto 40 t ese . 4 4, rwr • 4 • • v j AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ss. 1. City of Tigard � I, Patricia A. Trachsel , being first duly sworn, on oath depose and say: That I am Secretary for the Planning Department • for the City of Tigard, Oregon. That I served notice of hearing of the Tigard Planning Commission. of which the attached is a copy �xhib't A) upon each of t e following named persons 0 da. of g p .� y , 19M , by mailing to each of them at the addre s shown on the attached list (Marked Exhibit B) , said notice as hereto attached, deposited in the United States Mail. on the r ,n.. day of , l97 , postage prepaid. Subscribed and sworn to before me on this 2j.-day of • • tot Y r e Notary -u lic of Oregt �..� 1 a My commission. expires ° • CITY OF TIGARD, OREGON NOTICE OF PUBLIC HEARING 0 • Dear Property Owner: The agenda enclosed for the next meeting of the Tigard Planning Commission includes an item (circled in red) which, duo to its location adjacent property owned or occupied by you, or due to your previously indicated interest, the City feels obligated to notify you. If you wish to make your views known in this matter, or if you • ' only wish to avail yourself of this opportunity to be informed concerning this project, the Tigard Planning Commission invites you to attend this meeting. ' k 1 I NOTICE OF PUBLIC HEARING AGENDA Tigard Planning Commission May 4, 1976 - 7:30 p.m. Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon • 1. CALL TO ORDER: 2. ROLL CALL:. 2 3. APPROVAL OF MINUTES: 4. COMMUNICATIONS: 5. PUBLIC HEARINGS: 5.1 ZONE CHANGE ZC 4-76 (Roberta O 'Donoghue) A request by Roberta O'Donoghue for a zoning map amendment *,:- to zone a parcel of land at 7310 SW Soruce, presently zoned County RU-4 (urban residential) to R-7 (single family resi- dential) . (Wash. Co. tax map 1S1 36AC, tax lot 3700) . 5.2 ZONE CHANGE ZC 4-75 (Kenneth Bunn) A request by Kenneth Bunn for general plan and program re- view of a proposed multi-family (88 unit) residential planned deyelopment in the vicinity of 109th and Canter- bury Lane. (Wash. Co. tax map 181 34 , tax lot 500) . (' ZONE CHANGE ZC 3-76 (Bolanich) A request by Roger Belanich for a general plan and program review of a proposed commercial planned development in the vicinity of 121st, 122nd and Sch0118 Ferry Rd. (Wash. Co. tax map 1S1 34B, tax lot 500) . 5.4 'ZONE CHANGE 7.,C 5-76 (Hansen-Fletcher-Parsons) 1 A request by nansen-Pletcher-Parsons for an amendment to a planned development approved June 10, 1974, for property located at the Southeast corner of SW 72nd and SW Varns Rd. (Wash. Co. tax map 281 11), taxj lot 900) , 5.5 VARIANCE V 4-76 (Charles McClure) A request by Chp,rles McClure for a variance to the front yard setback requirements in a C-3M (Main St. General Commercial) zone on a parcel of land at 9250 SW Tigard St, (Wash. Co. tax map 281 2A) , tax lot 3400) . . t 4 (, Page 2 PC Agenda May 4, 1976 • • 6. MISCELLANEOUS: 6.1 FLOOD PLAIN FILL PERMIT M 9-75 (Howe Lee) A request for a flood plain fill permit to fill lands .presently situated within the 100 year flood plain, located at 9110 SW Burnham St. (Wash. Co. tax map 2S1 2AC, tax lot 200) . (tabled from February 17, 1976, meeting) 6.2 SIGN CODE APPEAL SCA 5-76 (Oregon Food Service) A request by Earl Adams for a variance of Title 16, Sign Regulations, Section 16.40.010 * Flags, banners, political signs. 7. OTHER BUSINESS: 8. ADJOURNMENT:' r , y' ( _.. Meetings of the Tigard Planning Commission are governed by provisions of Title 2 of the Tigard Municipal Code and ORS Chapter 227. Under those statutes, certain standards are established for the conduct of public meetings. It is the policy of the Planning Commission to adhere to a format in the Public Hearing process that is designed to afford the applicant and any objectors an opportunity to be heard and to allow the Planning Commission the opportunity to obtain sufficient factual and subjective information on which to base their decision. Accordingly, the following format will be followed: Public Hearin .Qpene . A. Staff Report B. Applicant's Presentation C. Public Testimony A. Staff Recommendations R. Reburtal/Cross Examination Public I-ear qa, Closed F. Commission Discussion and Action A recorded transcript is kept of all Planning` Commission meetings and a transcribed text can be made from that record, should anyone so desire, but at their own time & cost. All testimony offered in a public hearing must be identi.fiabl,e,so, before testifying, '., please address the president of the Planning Commission and identify yourself. Any testimony offered is subject to cross examination and/or rebuttal, so be pre- pared to defend your position. All actions of the Planning Commission must be based on findings wader provi, ion of ORS Chapter 215.055. Generally those findings will be made with respect to particular conditions or circumstances of the site and the proposal and will address the following points: 1. Comprehensive Plan conformance; 2. Changes in local conditions or previous error supporting applicant°s request; 3. Impact on adjacent properties and on the community; 4. Availability of other suitable locations; 5. Impact on public services and ;facilities; 6. Community need k ,.. . , ..... , .... 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It AGENDA Tigard Planning Commission April 20, 1976 - 7:30 p.m. . Twality Junior High School - Lecture Room 14650 S. W. 97th Ave. , Tigard, Oregon 1. CALL TO ORDER: 2. ROLL CALL • 3. APPROVAL OF MINUTES 4. COMMUNICATION 5. PUBLIC HEARINGS 5.1 ZONING MAP AMENDMENT ZC 2-76 (Kjelgaard) A request by Orland Kjelgaard for a zoning map amendment to zone a parcel of land in the vicinity of 13778-13840 SW Hall Blvd. , presently zoned R-7 (single family resi- dential) to A-2 PD (multi-family residential planned development) . (Wash. Co. tax map 281 2DD, tax map 500) . 5.2 PRELIMINARY REVIEW ZC 4-75 (Bonn) • A request by Jerry Donn for preliminary plan and program k review of a proposed residential planned development in the vicinity of 109th and Canterbury Lane. (Wash. Co. tax map 2S1 10AD, tax lot 8800) . 5.3 PRELIMINARY REVIEW ZC 3-76 (Belanich) • A request by Roger Belanich for a preliminary plan and pro- gram review of a proposed commercial planned development in • the vicinity of 121st and 122nd and Scholls Perry Rd. (Wash. Co. tax map 181 34D, tax lot 500) . 5,4 ZONING ORDINANCE AMENDMENT ZOA 4-76 A proposed amendment of the Tigard Municipal Codci amending Chapter 18, Section 18.12.100 - yard requirement set:backs - to make the additional centerline setback of 40 ft. required for all of SW Walnut St. within the City the same as that required by Washington County. 5.5 CONDITIONAL USE PERMIT CU 12-76 (Fun City, Inc. ) A request by Pun City, Inc. to operate a family recreation center in a 0-3 zone (general commercial) in the vicinity of • • SW Pacific Hwy. and SW Center St. (Tigard Plaza) . (Wash, • Co. tax map 181 35DD, tax lot 3301) . '111101111111111111111111611111101111i Page 5 PC Minutes 4/20/76 o Krause stated that the open space should be usable and integrated into the development and also the density was too high. o Sakata moved and Moore seconded that the proposal be tabled. o Motion carried with Phillips dissenting. 5.3 PRELIMINARY REVIEW ZC 3-76 (Belanich) A request by Roger Belanich for a preliminary plan and program review of a proposed commercial planned develop- ment in the vicinity of 121st, 122nd and Scholls Ferry Rd. (Wash. Co. tax map 1S1 34B, tax lot 500) . A. Staff Report: read by Bolen B. Applicantrs Presentation: o Roger Belanich, the applicant, summarized the pro- ject and stated that he intended to retain owner- • • ship of the commercial development and that con- ! struction would commence this year and hopefully open next year. C. Public Testimony: o Ernie Platt, Commonwealth Properties, developers of the adjacent residential area, stated that he had been in contact with the highway dept. and that the right-of-way needed for Scholls Ferry Rd. was un- decided, but it will vary from 10 ft. to 20 ft. o Belanich stated he would deed 5 ft. He also intends to vacate 122nd and will work with staff to work out details on those two arrangements. o Ms. Roddy stated he felt there wasP no need for another shopping area in the immediate vicinity. D. Staff Recommendation: o Staff recommended that the preliminary plan and pro- gram be approved in concept and the applicant be invited to make application for a planned develop- ment zone change. " There being no further public testimony, the public hearing was closed. .ar 4 • Is page 6 PC Minutes 4/20/76 E. Commission Discussion and Action: o Phillips questioned the long range plan for 121st Ave. o Bolen stated that the plan designates this as a collector street with 60 ft. right-of-way and 44 ft. pavement width. o Moore stated support for the proposal in that it provided close-in, walking shopping for those of immediate neighborhood. • c Nicoll stated that this was a growth area which . needs adequate shopi5ing. o Nicoll_ moved and Sakata seconded that the request be approved, based on staff comments. o Motion approved by unanimous voice vote. 5.4 WINING ORDINANCE AMENDMENT ZOA 4-76 A proposed amendment of the TMC, amending Chapter 18, Section 18.12.100 - yard requirement Setbacks - to make the additional centerline setback of 40 ft. required for all of SW Walnut St. within the City the same as that required by Washington County. A. Staff Report: read. by Bolen. B. Public Testimony: none C. Staff Recommendation o Approval based on the need for the City to conform its setback standards along Cty'roads With what the county is now requiring. D. Commission Discussion and Action: o 1rause movedtAnd Croldbach seconded to approve ZOA 4-76. o Motion pat,7,1ed by unaftimoUs voice vote. 5.5 COMITIONAL USE PERMIT CU 12-76 (Vun City, Inc. ) A, t,,citlest, by Fun. City, Inc. to operate a family recreation . )nter in a C-3 zone (general commercial) in the vicinity or SW Pacific Hwy. and 8W Center St. (Tigard Plaza) . (Wash. Co. tax map 151 35TD, tax lot 3301) , STAFF REPORT Tigard Planning Commission April 20, 1976 ZC 3-76 (Belanich) Agenda item 5.3 PRELIMINARY PLAN AND PROGRAM REVIEW A request by Roger Belanich for a preliminary plan and pro- gram review of a proposed commercial planned development in • the vicinity of 121st and 122nd and Scholls Ferry Rd. (Wash. Co. tax map 1S1 l34B, tax lot 500) . STAFF FINDINGS 1. The subject property was divided by a minor land partitioning approved by the Commission in November of 1975 and the zone on • the 3.25 acre parcel of land created was changed from County Suburban Residential to City C-4, Neighborhood Commercial, by Ordinance No. 75-56 on 12/15/75. A condition of this approval was that Mr. Belanich, before developing the property, make application for a planned development zone change. 2. Condition #3 of the zone change stated that a 10 ft. to 20 ft, dedication for public street purposes was to be provided on SW Scholls Ferry Rd. with final determination of width to be made by the Oregon State Highway Department. The Highway Division has stated a need for 20 ft. of right-of-way in this area. The submitted plan shows a dedication of 10 ft. 3. Condition #10 requires that "a covenant shall be provided to make possible the future vacation of 122nd St. , if deemed necessary, and to provide cross easements with any future commercial development which may occur on the property to the west. " These covenants have not been provided to date and should be a part of the general plan and program. The Compre- hensive Plan shows an 8 acre neighborhood commercial center at this location and staff is concerned that, as future commercial development is needed, the land to the west can be readily tied into the 3 acres proposed for development at this time. 4. Condition #11 requires that a 20 ft. landscaped setback be pro- vided from SW Springwood Dr. The submitted plan shows a 28 ft. landscaped setback fro the first 32 ft. from the east property line, but from that point the 20 ft. setback is not maintained. 5. The eastern property line does not show the additional 5 ft. dedication required by the C-4 zone change. 6. The applicalit has not submitted a lit of code deviations with his preliminary plan and program, this not being required. How- . ever, when the general plan and program is submitted, the appli- cant will have to note that the western property line has a zero 1 setback in the area where the grocery store is to be constructed page 2 PC Staff Repot • 4/20/76 Item 5.3 and the public right-of-way is used for a service drive. This feature is apparently necessary due to the long and narrow shape of this property; however, without knowing for certain at this time that 122nd will be vacated, and that the additional com- mercial development will occur to the west, it seems unwise to use 122nd as a service drive, especially to landscape a portion of this public right-of-way as shown in the proposed plan. STAFF RECOMMENDATION Staff recommends that the preliminary plan and program be approved in concept and the applicant be invited to make application for a planned development zone change. In addition, the applicant is asked to consult with staff toward resolving the issues raised in the staff findings. A , V • • .141ktl ,� OF TIGARD P, O. Box 23557 12420 S. W. Main Tigard, Oregon 97223 April, 20, 1976 `. Mr. Roger M. Belanich 2330 43rd Avenue East Seattle, Washington 98112 Re: Sewer Availability T/L #500, T/M IS2. 34B Dear Mr. Belanich: This is in response to your request regarding the availability of sewer service to tax lot #500 on tax map 1Sl 34B. Sanitary sewer connection permits are currently available from the City on a first-come-first serve, 90 day use-it-or-loose-it basis. The nearest available public sewer line is currently being extended, from east of S.W. 121st Avenue, to the east property line of said parcel (at two separate points thereon), for tly1 purpose of serving development thereof. • very truly, • ' 14 • J.S. Hagman Engineering Division Supt. JS i/fa cos file • 1 -* 1 e 3 9 ., .' AFFIDAVIT OF MAILING STATE OF OREGON County of Washington ss. City of Tigard I, Patricia A. Trachsel , being first duly sworn, on oath depose and say: That I am Secretary for the Planning Department 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 t e following named persons on the ,17-1 ;e day of / , 197b , by mailing to each of them at the ddre-s shown on the attached list (Marked Exhibit B) , said notice as hereto attached, deposited in the United States Mail on the PILt, day of A. 9 197,4 postage prepaid. Subscribed and sworn to before me on this ih day of RPRiL 1_9 16 • • ,) A " , .* Irkfri Q (AAMS 1 4 ; 4:* Notary A ablic of Oregon My commission expires: 4. /c1119 • * CITY OF TIGARD, OREGON NOTICE OF PUBLIC HEARING near Property Owner: The agenda enclosed for the next meeting of the Tigard Planning Commission includes an item (circled in red) which, due to its location adjacent property owned or occupied by you, or due to your previously indicated interest, the City feels obligated to , notify you. If you wish to make your views known in this matter, or if you only wish to avail yourself of this opportunity to be informed concerning this project, the Tigard Planning Commission invites you to attend this meeting. ° k ' • • • • • e ..ww• ' : -..■'''', ,,,,........... ,. . .. , . •\'' . .„_ .. I Z C 3 94, ,,„ VICINITY M • \2 ((.. • , P1 iTh e. ' BE,.....LnN 1 LH • . -......... _ „-- . .. . . . , . • . ..., . , . 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A i 't t, . . -2.G. 3 f '7$ (a` ' VA Pm do/v -1.-AtX. 11 laic-7- ` P to-p ` - NA/ Ap77.T'�rs . `f ► 14 5t 151 3 a i - - t t ti 1 - it tt , : . 1 0 ` 3 ' _ _, . ea 6,-) 7a-414 c 11--(r0--d' j-- --d . • 7-0 7- L ;�, 0' _ Of -d 1,� _ '.,, 9°211 ; ,: y _ = ! f Lit ' JYri ''L'llrtn /L. f "l`- f1.%c 3kQ id • i- !l, /1 p ,a ----_. tD•C 1t �M'• a J& ti Cd ,4 � t '. , `>l� •1', .J 172-o,- - - I rf,—c. _ lc, 4f`° it- ,, c_�-)1tttu�_ c.ia�''-r-� e. i! 4- ? ter?-rte Ear I is p.,,a o q995-y. ir,.---1,: - .s.--4.4 ;�/' tom; A . l ;J - g 3 3c - 1f 3n.a1 s :c' , 9eif ' : It . _____ . aill s 1 r - - - fi . tlf..............0.1 .. / ' Ili • .• hi Fiy ri� - H it .: 1 • • ' I •■I Llit . { . H_____ii_ '_ -- r---7---i - _....L.1 .—" ' , .. - —— v- — —-—--- —------ -------- ' . ■ -■ , , . ''ZONE UMW-4] - CONDITIONAL M - VARIANCE - TEt'4PORAJ USE - NON-CONFORMING . c. , . •', • USE REQUESTS , • .• i• , 4 APPLICATION. ' ' 4, . .. , . • ' File # -0--C *3 -•'7i,, i , Fee Rec 'd. 4'/-2,..c. ?-::-' ,05;0° . , . ., . Tigard Planriing.Comm ,ission 639-4171 ' Receipt #__j_Lai_f_l____ i . 12420 SW Main St, , Tigard, Oregon 97223 / , . Date Rec 'd._ 3..../22be t/(;4/7J. , . , ' By )4 m , 1.4,...,4 6v/ . ___ . . , . , . , . . 4 , , ____ -- ----..,___........, : — ..........,...,...„„....... , . .. . " PLEASE PRINT IN INK OR TYPE . , . Action Requested PLANNED DEVELOPME_NT 121,521.icazaialuallia. KR AR TU * , ROGER M. BELANICH .., ' Applicant's Name Phone2o.6 329 3290 . . • , •. Applicans Addiiess 2330 - 43rd Avenue East; Seattle, Washington 98112 • t' (-8---6-r."6"675. , , — . -....--"----ta-n71-7 s-""-l;,--:5.-:---teT—TiTfaT- . ■ ! _,.. « , CONvIONWEALTH PROPER'PIES., INC. , • . s Owner's Name Phone' .. . . , . .. 1 ". e ' .. 4 4 , 0 • . I . • . . • Owner's Address 3800 S.W. ,CEDAR ,tIILLS 'BLVD.' St..1/TE 225; BEA..VEkON, OkEGON 97'005 . ( 7treet) ----- cir ..----Tty . starre-r—(zipr" I ' Applicant is: Owner_ Contract Purchaser_ x Developer x Agent .....___ /,'-'-------" , , . Other f.' Adv Owner Recognition of application: / 1 "C-----"1., ,,,, 40, , I ....... .......................... RECEIVED . . , . . MAR 00 i976 : . .signaT6767-6175TE65.7(g)---7--- . . NTY 45,TIGA.1311 . . , . Per:son. responslole for applicationRootR ri. Eiti.4Nigi Tslree---Q .. Cciry) (satatoj . ....-_,....:,_-_.....,..,,,.....=.1.--.V.tit....,.--t-tzrz-'-.7--:::::,•",--t-r...---"-t- - --- .4,`..=nt:.7.-.-'=...Z.ttzt-.::;;------:.-.:'41--",---x-..T..... ...--:.:r-t41-re---.---.»-=:,- -...t.-.----t1----1------ 4-----=t—,-"-,6-t-----...=:«---- . PROPMITY INVOLVgD: Tax Map # 18134B ,Tax Lot(s) 5oo , , • • Scholls terry _ thweet Corner 121et Avd 8 1. .' Address 8°11 , .,.. i .14. .5 agaci .&4ea ' 3.28 .,.. (a.c.res) , Existing BuiJ,clings (# and type) .j ,vadant . ., CtIrrent ri,.Iiing,.._ 'd-4..._ Current4Use,_.unimpoved App1icAnti8 • co'nfortitanO0 t,O Pla.nnod Applicantls , proposud. zoning jevelop'itdrIt, 1:4tbrict ' 1-.)xiopos4od, Uso, shopping Center SUI1311ISSION REQUIII,E14814TS: Titio Roport 1117nstiriolittequiromont8 ,........._.., Local Doocription Vicinity Map . . . . . . Tax Map Site Dovolopmont Plan ,......._..... Pinn /1 APPLICATION FOR PLANNED DEVELOPMENT DISTRICT 121st S. W. AND SCHOLLS FERRY ROAD SHOPPING CENTER PROJECT PLAN ELEMENTS The applicant proposes to develop a neighborhood shopping center which shall in- clude a major supermarket in conformance with the underlining zoning of the property which is Neighborhood Commercial Zone (C-4) . The following elements of the preliminary development plan are shown on the en- closed plot plan of the subject property. 1. Building types and intensities 2. Circulation pattern, parking, landscaping, loading areas etc of the proposed development PROGRAM ELEMENTS • MARKET ANALYSIS As ptesented in rezone application 2. PROPCSED OWNERSHIP PATTERN The applicant, intends to develop and lease this project and retain it long term. In the event that in the future any portion of the property Were sold to a ten- ant or to an investor-landlord, the total property would continue to function as one planned shopping center development because the property and leases will be deed • restricted to do so by covenahtd, easements, and restrictions. It Will always fund- . tion alt presented on the plot plane since the deed restricted plot plan will permah- ehtly regulate the size and location of buildings and the amount of parking, ingresS- ; egreSs etc. This is typical of all shopping centers and is essentially the definition of a shopping center. In that sense a shopping center iS in itself a Planned Development. • oPEPAT1oN AND WIAMITENANcg The shopping center essentially functions aS a commercial condominium for the main- , tenance of all common areas. The landlord Will supervise doirtmdri area maintenance and the tenants will pay their pro-rata share of it cost based on their respective gross i 4 PAGE TWO square foot building space to the total gross square foot space. The landlord basically will maintain the exterior of the buildings and the ten- ants the interior. Those matters are incorporated into the leases and are themselves advocated by the landlord, tenants and lenders. 4. WASTE DISPOSAL FACILITIES There are two sanitary sewer connection points to the proposed project. One lo- cation would extend the 8 inch line from near the east corner of 121st and Springwood westerly along the proposed right of way of Springwood, then north into the rear of the supermarket. The second location would extend the 8 inch sewer east from the Inglewood Subdivision, at a point approximately 260 feet south of Scholls Ferry Road, to a point that intersects the subject property line, then diagonally to the building pads. The latter is the most probable. This is shown on an enclosed exhibit and also on the plot plan. There is adequate sewer capacity to service the entire development of this project. Trash areas for the buildings are pointed out on the plot plan. Pick-up costs be- como part of Common Area Maintenance as outlined above. 5. L/GHTtNG • t sterior lighting will be provided in the site for pedestrian; vehicular circula- tion and parking. These are indicated on the plot plan, 6. WATER SUPPLE' There is a 12 inch Water line on the east side of 121st Avenue opposite the full Length of the property line. This iS shown on the enclosed exhibit along with the lo- cation of fire hydrants. 7. STOM DRAIN AND STREETS. The site generally slopes to the southwest and drainage Will be provided along d 12lst Avenue which will be reconstructed on both sides of the center line to include • M i . f\f PAGE THREE storm drains in conjunction with the development of the project, and as required by N the rezoning ordinance. On site drainage will be in conformance with all local codes and ordinances. r 8. ROAD DEVELOPMENT, SIDEWALKS, BICYCLE PATHS 4,' In conformance with the standards required by the granting of the zoning. These are shown on the plot plan. 9. LANDSCAPING AND PARKING As shown on the plot plan. Maintenance as part of common area maintenance is indicated above. 10. PUBLIC TRANSPORTATION To be satisfied with Tr -met. ii. GENERAL TIMETABLE FOR DEVELOPMENT r , It is estimated that the project will develop in two stages. phase I will be the Supermarket and shops building next to the supermarket. We anticipate construc- tion to commence the latter part of the year with an opening in March 1977. The re- maining buildings facing along Scholls Ferry Road will probably be built during the �. following year. Although, We will also be earnestly trying to tenant these build- , immediately. 12. QUALIFICATIONS OF THE PROPOSED DESIGN TEAM The architects and planners for the proposed project are Itenry C. Voderburg, AXA Architect located in Lake Oswego: We will be assisted by professional consultants as ; Mechanical Engineers, and Electrical Engineers. United GrocerS will be working in conjunction with the applicant as the super- market tenant. They are represented by Cohn Overbay. • . , . . ... • , . . • i .. . ., . .•, . . . ,.• • , . . . 'k*,* , .."" ' '6' .. 7 ''s ''' '.,-',--1,_,___L-,-.2..-' -- .----'"61 ' 1 1 v,Pr)z o (^(1')o 0.1 a. •••7 a.; .... -0 i",,! §,... ' t'—....3 CI. titn 6 ;4-Pm , . .,o ....../72-.. ,, „ , - teL 1 1....- ....- ;'.. . .1, ... kl. -- c. 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A 1\.,‘4, A',• ,.« , .. ,, 14,. ) : i ... . , N ,. .// t‘,.f,.„/..4. .4.,,a4.4.10,44s4uL.X.,` .1 • '- t.7.47.44*******4...* **0,' ' *4•4,......,....*.i.**A .. *, ..... ....* 0 4,.., 1, ix Iti ;1 :'1 t 1 .lit " '" .' .* .. i•1 i n ,,,,,, ›, 4i, 4. ,i,..■•,0 . ..* 4 4'''444.$4 /4.'•• • 4/ 4/.. * . ,.. , i ... (T1 ',,tit Y .L bit •,.,, " i'' 1''$., V I \'4 # —'4::•;i:',o4,-,t"'' 't.",, . \:,#: oi 4 • ie/104104:14*40414,""se.t.k..*.Ozit441eAtzt:ith.4..,11tert...'.4.:,....c,,frotte• , tit' 0\ •10, 4 CA ). i.g,1 . °,. 1*.o, t., 4 'rtl.•,..s, lti , , CITY OF TIGARD NOTICE OF PUBLIC HEARING. lYotice is hereby given that a• public hearing will be held by the City Council at New Fowler Junior High Lecture Room, 10865 S. W. Walnut, Tigard, Oregon, on January 12, 1976, at 8:00 P. M.'with respect to the following: ZONE CHANGE - Request by Hawes and St. Clair, on behalf of Lyle Van Dyke for zoning map amendment to zone a parcel at S.W. 67 and HaMpton Streets, presently zoned Tigard R-7, single family residential, to C-P, commercial professional. (Wash. Co. tax map 2S1 lAD, tax lot 400). ,' MINOR LAND PARTITIONING :. Request by Roger Belanich for minor . 1 land partition to partition a parcel of land rezoned to C-4 (neighborhood commercial) December 15, 1975, to become effective 1 January 16, 1976, location 121st, Scholls Ferry Road and 122nd ` (Washington Co. Tax map 1S1 34B, tax lot 500). AMENDMENT TO TIGARD COMPREHENSIVE PLAN (NP0 No. 2) Request by Ralph Peters for amendment to Tigard Comprehensive Plan (N.P.O. No. 2) to change land use designation of a parcel at 9830 S. W. McKenzie Street from multi-family (A2) to C-3 general commercial. (Tax map 251 2BD, tax lot 700). I' All interested persons may appear and be heard in favor of or against the said • v proposal. r; BY ORDER OF THE CITY COUNCIL Doris Hartig City Recorder . ti TT Publish Jan. 1, 8, 1976 S}, I 1111 Yr'";i , LL, :,... ., .. ., •.w«,.w..... w..,w>,w....,..,....«,.-..........,. . min,, ^. r .a.. ., ., .....,» ..0 i r',r r • e 1/44 CITY OF TIGARD, OREGON r A ORDANCE No. 75 - //i /76' AN ORDINANCE AOOPTING FTND1NGS WITH RESPECT TO AN APPLICATION BY ROGER M. BELANTCH IN BEHALF OF COMMONWEALTH PROPERTIES, INC. FOR AN AMENDMENT OY THE 1970 ZONING P,AP OF THE CETY OF TIGARD, CAANGING A TRACT OF LAND PROM WASHINGTON COUNTY SUBURBAN RESIDENTIAL TO TIGARD NEIGHBORHOOD COMMNRCIAL (C-4) WITH RESPECT TO THILlaaa _ E. TAXI,OT 500 ON WASHINDTON COUNTY r.PAXMAP1S,1_32it._CRANTTNG APPLIT, CA TIO1T- , 1G--A EFFEcTIVE DATE.7. P P yr THE CITY OF TDIARD ORDAINS: Section 1: Finding that the lands hereinafter described have been heretofore and are now classified as Washington County Suburban Residential pursuant to the provisions of the Washington County Zoning Ordinance at the time of annexation of said lands to the City of Tigard and that said lands have not been rezoned by the City subsequent to that annexation, and further finding that pur- suant to proscribed procedures, the above-stated application for a zoning map amendment was heard in public hearings held by the Plan - ning Commission on October 21 and November 4, 1975, and all interest- . od persons were then and there afforded an opportunity to be heard, , and thereafter the Planning Commission filed its report and recom- mondations with the City Recorder, a copy thereof, hereto attached and by reference made a part hereof, recommending denial of said application apd, furt.;her finding that, after due and legal notice, a public hcaring was held before the City Council on December 8, 1975, and tIlat at said hearing the applicant and all other parties desiring to be hcard were afrorded an opportunity to be heard and present and rebut evidence with respect to said application, and further finding that based on evidence, both oral and documentary, and on the record of said hearing before the City Council, the Council has made the followIng substantive .17.1ndini-ss: a. That the application conforms to the text and map of the 4.gard pomlnyn142 plan of 1971, as adopted; and b. That the applicant has shown a substantial community need for his proposed development on the subject site of his application; and c. That substantial housing development in the immediate vicinity of the proposed site has created that need; and d . That the proposed zone map amendment will provide the • zone desi.gnation appropriate for that proposed pro- ject; and Ca That public sewer and water is available adjacurt to , • the proposed site; and ( f. . That no 'additional impact on adjacent lands or pub- lic services or utilities will be created boyoDd •those noted hereinafter and that mitigating con- ditions can and shall be attached to approval of • this request, suff th n icient at no publio burde shall be °mated by this development; and g. That; the proposed location is most suitable and appropriate for the commercial development proposed. Section 2 : Therefore, pursuant to the requirements of Chapter 18.88 ------ of the Tigard 11,1nicipal Code, the applicant's request for an amendment of the Tigard Zoning Map of 1970 to zone those lands hereinafter legally described (exhibit "A" attached hereto and made a part hereof) being also herein referred to as the North 675 feet of tax lot 500 on Washington County Tax Map 1S1 34B, for Neighborhood Commercial (C-4) use subject to the provisions of Chapter 18.32 (Neighborhood Commercial Zone) and further subject to the following conditions : 1. That no building permits be •issued for the site un- til bhe property owner has obtained an approved plan- . nod development zone. 2. A 5 ft. dedication for public street purposes on 121st and 122nd,•3. A 10 ft. to 20 ft, dedication for public street purposes on Scholls Perry Road, the final deter- mination of width to be made by the Oregon State Highway Dept. 4. A 5 ft. utility easemoat on all lot lines. 5. Development of SW 12lst from b1u Scholls Ferry Road , ‘ intersection to the southc.,rly line of Commonwealth's . Englewood Planned Development FAaprovement shall be to city collector standards (/.i4 ft. roadway) with curbs, 5 ft. sidewalks adjacent property lines, and • a landscaped strip with street trees. Improvement to the intersection of 121st at Scholls to provide for left and right turn channels from 121st and a left turn channel on Scholls Ferry to 121st. 6. No access rrom Scholls Verry Road and no access to 121st within 100 ft. of Scholls Ferry. 7. Therb podestrian/bicycle trail, be provided along Schol1s Feivy Road (extending that already provided for uasterly or 121st adjacent to '8nglewood) . B. The exLensi.on of SW Spr •ngwood Ortve across Lax (2) OrdAnance No. 75 .nL • . 0 • lot 500 to intersect 122nd with 50 ft, right- of-way, improved to a standard 36 ft. street. 9. That nb building permits be issued until a traffic signal has been provided at 121st and Scholls Ferry Road. However, because the Oregon State Highway Department has the authority to approve signalization, a decision by them not to signalize this intersection will have the effect of waiving this requirement. 10. Covenants shall be provided to make possible the future vacation el 122nd Street, if deemed necessary, and to provide cross easements with any future com- mercial development which may occur on the property to the west. 11. Landscaped setback from SW Springwood Drive of not less than 20 ft. • 12. Landscaped setbacks from SW 121st and from Scholls Ferry of not less than 20 ft. Section 3: This ordinance shall be effective on and after the 31st day after its passage by the Council and approval by the mayor. PASSED: This /s- day of T) e e I , 1975, by vote of all Council members present, after being read three times by number and title only. hoc6TfiF1---ffITy of jgard APPROVED: By the mayor this /3 day of 1975. 44,4 4■ 44 V 1.1'y 6f (3) Ordinance No. 75 - J56 * ,ai7 . \I/ . 147.r,.,w..M...,.+,..x*s'o M,.'•"":yr,� ,,..}a•.:1K 7 aT'Vy!'#4+•rer i'k•7ti:Y'1`-tr,,,..0.,'°^Trvt'':y i 9R°" .0 '•• wc,r..7•1.;y• Y V-nrMt, Z r. T Wµ�� 4.'+t"` , 4* X T-r al.4473,, T,4 +p. ...t+, . M.�1, J ' a �• l^i'y,"+,��, '\4"{+sF• X�* Yr!�':• m�+/'tom s�._KA""�kym�.!+ It+� r��+°b��..FF C?y- 4, il.,,i •,'it 'i v..t.wa.M".A,,,' * f r..n"it.,i+gn t t:r M Ar., te4....w J4:4,,..lki./1��,y'kl:Y M;.4tq,Y�:iii.. `LIJfii✓r 141,4 1`1,Y »ta..!.......ayVf�(�:w: ..., .. . • • . , • •,.,, , - —... -- — — — •— — -.066,50 , , .,; r• . 1 A N IV 4 5*edri on. 1/ . , zi.. (' .. ,. 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I s • • .,,4"i.i,;0.J,.• ,, .1,1) 1 ■44,it 1 /4‘ I, , '4 o , 4 4* 4 44 0, 4 I,4 4 4 4 its4 , ,, 1 , 4 4 4 : 4, i i 4 * • 4 6. . 4...••■•••■•• •••••666461i hi,' ''04. ' i,iii t II, 1 . i i 1 A.i.,4 1,„,t, '• 44 , 4.1,04. 4 4, t o . * , ' . , ' •' ',S , . ,.. • . ''.' .. •„ . . , ,, 4 ' . , . . . .. :.- ZONE CHANGE - CONDITIONAL jSE - VARIANCE - TEMPORARi USE - NON-CONFORMING ,. , . : . USE REQUSTS • I rr i 4 i ( s ,4 ... I , . . APPLICATION. . . • . . ' File # , , , ............:.___ , . . t:. • • I I , Fee Rec 'd. " • ..._................... • . Tigard Planhing 'Commission 639-417]. . Receipt # , , 1 12420 SW Main St„ Tigard, Oregon 97223 • .6. Date Rec.'d. :.- . .,,' (rPIED ' - . n:.:il,A,......-,..- . . . By ' ' .1.. ' f 7b , tk‘i)R ' '!''' )9 ' r ■ I , A • ,\ •I . =+.***•■••••••• ...... ......'....=,,........=....===... x.,7,5y.,*. ■•■,. '''‘..*-...".." ....,.....=.trrr=.....7.■.=..... 7=====.4*.:*,,,m..... ..rs*..4,......"... 1, ! Or/ rA, Pi,I4"" • PLEASE PRINT _IN ,TNK OR TYPE . :. .. ' • - ' ° ' •••••••,.......■.................... .............mw,*.o..........r...m.*nr* , ' '• , , ' ' Action Requested PLANNED nEVELOP.MEELDi'ZgaZ,CZ = EEFz)-AtNABXHgitzyj '__,' ....._...,..- : . Applicant's _ . PhOre206._329 32-90 . . .: . - 2330 - 4jrci Avenue East; Seattle, Washington 98112 • Applicant' s kddre s s _ . , . ,, • - ■ ! . . ' .COMMONTREALTH PROPERTIES,, INC. , . ' Ovinei.'s Name - ' Phone. —.......:...........................„,......._,.. , . ' Owner's Address 3800 S.W'..CEDAR .iiii,LS' BIND..: SUITE .225; BEAVERTON, OREGON 0605' -----rs-fi6r --Er'.---- rosTate) (zip) ,..,. . Applicant iSt Ownor Contract Purchaser x Developer .x Agent . _ , . .. Other . . ...., . . ......... ./.4) / . , / .... ' Owner Recognition of application:___ _„..., i / /,/ , • , -,..t.,., . , ,....., -"Ar;• MN.. . • . . ' 1 • • . . . , „ . 4 .', ■■■..W..,O. 0 1 ■ i -T--'"--;3:6146ire of ownorrsj--” , • . .. — . , ' ,.. . Person responsible for application 1(5Ggak M. BELANX211 . I ' (street) . (7411,0 (staT8T----7---ar0 , . . . . PRbP8RTY INVOLVED ' Tax Map 0, 10.848 Tax tot(is) 5oo ..........„,... 4...,.....,..,......._,...t—,.....--..._ SChOlilS V otty ' . Address ' 8outhwet Cornot '121ot Ave.., S,W, ti ,804L.,,, , Area , m5 ,(acres) • ' ' . t:xisting tuilding8 (# and type)„ ... . • , ....-,......„.........." ,,A4.4«........./411.1.............4..a...........,...........4.4.4 0 wr...4,..4 4.,i.ri.4....6...4,*+4 L...:o.:44i.,..............44)4.4., " " ': ,ii...u...:........,...i....,..:,.t...4.,:.....,..w.A.. ............w......... ..,■..i dUllrent 'zon Lilo_ 4 O-4 ' Current 118e titililipthdited . . , -,Li.....,....0.,-.6.4.4...at4,......:,...i.i............... ..4.4.........4..4.1. f .. Aplicant's COnfOtretande .LO Planned Applicants Propot,ed 2o1ing. poy.b1.55/3t.liqi.#, pi.:01,0.. . Proper,ed, . • SUDMISSION RtOUTREMENTS: _Title Report "Pa smlo"Roquiromonts .............. • Legal boscription . , Vicinity Mtap . . . . , . Klp Site novolopment Plait -,....:-.........„,, , ,,,„, GENERAL DEVELOPMENT PLAN AND PROGRAM FOR PLANNED DEVELOPMENT DISTRICT (P-D) 121ST S.W. AND SCHOLLS FERRY ROAD APPLICANT ROGER M. BELANICH In accordance with the specifications of the General Development Plan and Program (18.56.030) as required by the current zoning classification of the subject prop- . erby, I hereby submit the following statement together with attached plot; plans and exhibits. PLAN ELEMENTS PLOT PLAN Enclosed i.3 a plot plan, prepared by Henry Voderburg, Architect tod member of the professional design team for this project. This plot plan will show all the spe- cifics of the proposed shopping center land use as required under the General De- velopment Plan. This plot plan includes the following: 1. The land use: /2. Location of thoroughfares, streets, bik6ays, sidewalks, and other pedestrian passageways. Location;width and names of all existing or pls,bted streets. 4+. Existing & proposed sewers, water mains and capacities. 5. Areas proposed for parking and drive aisles, dimensions, and number and angle. Also truck loading and dock with dens s. 6. Open spaces. T. Traffic flow and circulation. 8. A preliminary tree planting and landscaping plan. 9. Tables showing the number of acres and size designated for each building, number of parking stalls, landscaping ar„as; all of Which are also expressed as a percentage of the whole. VICINITY MAP, 01/ Enclosed is a vicinity map showing land uses within five hundred feet of the boundaries of the development, TYPICAL BUXIOINGS,, .. as contemplated for this development.typical elevat,a,ons and architecture for a supermarket Enclosed ale some drawings of lopment. Actual drawings of all buildings will be ap- propriately submitted during the ",bages of Design Review with the planning staff. RESTRICTIVE COVENANTS An outline review of the form of the ooVenants that will be prepared for the vacation of 122nd Avenue S.E. is contained in a letter, attached, which was prepared by.. Robert Dail, attorney for the applicant. p . p Also subtiitterl in the attached is a typical corrlxLion• area maintenance clause which is contained in all .leases for shopping center tenants. w „ GENERAL DEVELOPMENT PLAN AND PROGRAM PAGE 2 ' CONTOUR MAP .. A contour map is enclosed herein. a , CODE DEVIATIONS The plot plan, submitted herein indicates some deviations from the zoning code as it pertains to the setbacks of the buildings on the east and west property line. � - From an apparent observation of the plot plan the east and west boundaries of the property which border 121st Avenue and 122nd Avenue would apper,,le to be sideyards. The north boundary would appear to be the front yard and the south boundary along Springwood Drive the rear yard. Yet, in fact, the code interprets these all to be front yards. To wit: 18.08.450. Setback front yard. "Front yard setback" means a setback °•. or yard abutting any street other than an alley. . . . It is a highly unusual circumstance wherein a single lot of this size is surrounded by four streets: The code is drawn to deal with the normal circumstances of urban development and cannot be expected to interpret each unusual circumstance. But in a case such as this it introduces a hardship. It could eliminate 40 feet of buildable frontage. This could reduce the size of the supermarket by 2300 sq. ft. and the satellite building by 1000 sq. ft. This would disturb the efficiency of the supermarket, from the typical operational layout and space requirements. Concerning the satel- 4 ' lite building it would curtail the amount of co--tenancy ;which reduces the convenience services available to the community. It is reasonable to interpret that the boundaries along 121st Avenue and 122nd Ave- ., ated as ` ' yards. 0-t4 zone 18,32.040. "No side yard shall be required nue be treated side y except when abutting a resiclential zone." This property an anus dimension. Yet n. : •or_., hetCom- p p ty has a ual diinen�..on. nevertheless it conf ms to t prehensive Plan and has been zoned C-4, This was done because it can serve the best heeds for convenience shopping for this s growing area of the community.y The property has unusual dimensions being long and narrow. Th e City y recognizing its use has also recognized it in view of this physical limitation. Therefore I ask the City to deal with this highly unusual circumstance of its setbacks so that the best implementation of the Comprehensive plan and needs of the community can best be SatiSfied. Since there is a large amount of open space (60%) this deviation only pertains to a partial area. The building 12 f. On the t - _property -� of set- back bordering he south side of the prop has a ten fo bu�.ldixi bo ack instead of 20 feet. And this also lies10 feet within the 20 foot landscaped area as called for in the rezone ordinance: • a 4 . n i • • GENERAL DEVELOPMENT PLAN AND PROGRAM PAGE 3 CODE DEVIATIONS (Continued) This deviation from the 20 feet of landscaping asked for in the ordinance is only along an area extending 100 feet. This same area will be landscaped and in effect • there will be no noticeable difference between a 10 foot setback and a 20 foot set- back. It is not appropriate to consider a front yard requirement along 122nd since it is probable that this street will be vacated in order to fulfill the plans of the city for an expansion of commercial zoning to the west at a future time. As re-- quired by the provisions of the rezoning of the subject property and as provided by the covenants mentioned in this application the applicant has 'submitted to va- cate this street at any time it becomse mutually acceptable to the western prop- , erty owner and the City of Tigard. This vacation of 122nd would create a strictly side yard situation for the subject property and buildings. The layout as such foy' this shopping center is typical of other shopping centers in the City of Tigard. These centers have only normal side yard requirements. The Planned Development District Ordinance has been created in order to assist situations such as this. The following are from the Zoning Code. 18.56.010 The purpose of the planned development district is to provide oppor- n create � rle environients through the application n offlex3 b7e and diers�fiedland development standards under a compre- hensive plan and program professionally prepared - - .. to encourage superior development arrangements. It is further intended to achieve economics in land development. - - - . i. • 18.56.06o Application o f standards; In cases of conflict between standards of the underlying district and the planned development district, the standards of the planned development district will apply. 18.56.090 Lot coverage. Lot coverage shall be the same as the underlying dis- trict unless the planning � s t an exception is war ranted in terms of the eharaerand a�enit�esproposed in the total, development. =18.56.120 Subdivision lot sizes. Mlnimum area width, depth and frontage re- quirements for subdivision lots in a planned development district may be less than the minimum plan p specified in the underlying district if in ,.._p.... . ` accordance with the approved general. development lan and program and the density standards of this chapter. - f i y' • I 4+ a GENERAL DEVELOPMENT PLAN AND PROGRAM PAGE 4 Conclusion. In the best interests of the community it is more important to have a complete supermarket and other complimentary convenience stores than a twenty-foot setback on what amounts to the side of a building. ADEQUACY OF SEWER FACILITIES Enclosed is a letter from the Tigard Engineering Division stating that sanitary sewer connections are available and adequate. USES PLANNED FOR THE DEVELOPMENT The following are the types of tenants that are likely occupants (uses) for this shopping center development and should be specifically considered as such Other types than these specified are also possible. Supermarket Restaurants mini-grocery (in one of Drive-in Restaurant the buildings border- Service Station or Car Wash ing Scholls Ferry Road) Doctor or Dentist office Barber Shop Commercial Br9,nch Bank or Beauty Parlor Savings & Loan Bank, etc. Cleaners Real Estate Office Laundromat General Commerical or Drugstore or pharmacy Professional Offices Florist Photo Store Gift Shop Book Store Hardware Store Clothing Store, men's Meat Market or women's apparel Shoe Repair Variety Store Stationery REAR YARD SFTIIACK `-4 setback has this granting of the rezoning of A Twenty-foot foot se , � • been called for within the , anting o he subject property. The intent of this requisite is for the purpose of Screen- ing the commercial uses on the subject property from those residential Uses con-- templated on the property to the south. On the plot plan we have provided for landscaping of the type that will st,fficiently screen the commercial development from the residential uses. This Will be done More effectively by density height tlCp` g, types than the depth guested b y the toting ordinance to effect Nevertheless 20 feet of conform are has been provided -n a large ` p d i large part of this bo3�dering area in Wider to the rezoning requisites. p.. P In order to are im ortacrt to the overall� �development o . p �eg � � onal parking stalls p of the property. Never t, e provide a convenient and ample amount of customer parking these additional this should not conflict With the intent of the twenty-foot rear setback for screening purposes: r t �!r'.MI'' I , 1 7. CONSTRUCT ION. Landlord agrees that it will,at its sole cost and expense after the t • 2 execution of this lease, commence and pursue to completion the construction of the improvements to be erected •' 3 by Landlord to the extent shown on the attached Exhibit B. 4 l' '5 8. PA R K I N G A ND C O M M O N FA C I LIT I ES. Landlord covenants that the common and 6 parking areas of the shopping center of which the demised premises are a part shall be available for the non- 7 exclusive use of Tenant during the full term of this lease or any extension of the term hereof, provided that the 8 condemnation or other taking by any public authority, or sale in lieu of condemnation, of any or all of such 9 common and parking areas shall not constitute a violation of this covenant. Landlord reserves the right to 10 change the entrances, exits, traffic lanes and the boundaries and locations of such parking area or areas. This 11 lease shall be subordinate to any agreement existing as of the date of this lease or subsequently placed upon the • 12 real property of which the demised premises are a port, which agreement provides for reciprocal easements and j• 13 restrictions pertaining to the common and parking areas, and in the event of conflict between the provisions of ' 14 such agreement and this lease, the provisions of said agreement shall prevail. Provided, however, nothing . 15 therein shall cause the Tenant to pay a greater share of the common area maintenance cost than herein provided, 16 and provided further that there shall at all times be maintained common and parking areas of not less than two 17 (2)sgquare feet of common and pocking drea for each square Foot of ground floor building area within the • 18 shopping center. 19 20 • A. Prior to the date of Tenant's occupation of the demised premises; Landlord shall cause said 21 common and parking area or areas to be graded; blacktopped, lighted and appropriately marked and landscaped 22 at no expense;to Tenant, and shall cause the same to be maintained in g ood condition and repair during the 23 entire term hereof. . , 24 25 , B. The Landlord shall keep or cause to be kept said automobile parking and common areas in a ,, 26 neat, clean and orderly condition, properly lighted and landscaped, and shall repair any damage to the 27 facilities thereof; but all expenses in connection with said automobile panting and common areas shall be 28 chdrled and prorated in the manner hereinafter set forth. It is understood and agreed that the phrase "expenses 1 29 in connection with said automobile parking and common areas"cis used herein shill be construed to include, 30 but not be limite to, all sums expended by landlord In connection with said eutorobile parking and common 31 areas for all general maintenance and repairs, resurfacing, painting, restriping, cleaning; sweeping and 32 janitorial services;pkrtiting and landscaping; lighting and other utilities;directional signs and other markers . 33 and bumpers;personnel to implement such services and to police the automobile parking and common areas; 34 required Fees or charges levied pursuant to any governmental requirements; adequate public liability and 35 property damage insurance on the automobile parking and common areas(which shall be carried and • •: ' 36 maintained.ay Landlord and under which Tenant shall be homed as On additional insured); and a fee equal 37 fa ten(10%)percent of said costs to Landlord for Landlord's supervision of said automobile parking and 38 common areas. • i. 39 i 40 Landlord agrees to furnish to Tenant d statement itemized in reasonably detail setting forth the total 41 expenses for the automobile parking and oormnon areas For the previous three(3)calendar months; said 42 statement to be furnished as soon cas reasonably possible following the expiration of said quarterly period • 43 (i.e., March 31, June 30, September 30, and December 31). 'tenant agrees to pay to Landlord Tenant's . 44 prdicitd Share of such expenses within ten(10)days after the receipt of said statement. Tenant's proro'ta share 45 of the total expenses for the previous three month period shall be that portion of all of such expenses which is ,• 46 equal to the proportion thereof which the number of square feet of gross floor area in the demised premises hears 47 to the total number of square feet'oF gross floor area of buildings which have been completed in the shopping 48 center as of the commencement of each quarterly period. There shall be appropriate adjustment of Tenant's 49 share of the automobile'parking and common Bred expenses as of the commencement and expiration of the term 50 of this lease. The tens "gross Floor area"as used herein shall be deemed to Mean the ground floor In either •"' 51 the demised premises Of any other buildings in the shopping center, with measurements to be from outside of 52 exterior Walls and tram center of interior separation partitions. ,. 53 subtenants, shall have the non-exclusive right in common with Landlord, and other c ' and + 54 C. Tenant, forte use and benefit of Tenant, its agents, employee ; ustomers licensees �' S5 er present and future owners; 57 d e:as during tthe entire t term of this lease, om any licensees extension thereof, for to use said g common array,parking y , Ingress and egress, roaaWd sidewalk r , 58 and automobile parking, provided however Tenant and Tenant's employees shall bark theft cYUtomablles In those 59 areas designated far employee parking, or at Landlord's written request shall part their automobiles outside of 60 the shopping center. 62 b. ' the Tenant, in the use of sold CoMMon and parking areas, agrees to comply with such 63 reasonable rules and regulations as the Landlord may adopt from time to time For the orderly and proper 64 operation of said carnrndri and parking areas. 66 9,,.. us S PROHIBITED. Tenant shall not use, or permit said premises, or any port thereof, .to . 67 bed used for shall or other th than the oy purpose p purposes for which said premises are hereby leased; . 68 and no use sh m r permitted f said premises, oar acts done, which will Increase the 6i,, existing rate of insurance upon the building in which said premises maybe located once said rate Is establlsheda . 70 or Cause a carrells rich of any insurance policy Covering said building or any part t er'eof, nor shall Tenant sell (Rev, i im) .3., n�• „ •. 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