ZON1991-00009POOR 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PLEASE NOTE: The original paper record has been archived and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.
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PROPOSAL DESCRIPTION
FILE NO.: ZON 91-0009
FILE TITLE
APPLICANT:
: PITTMAN / BROOKS
Planning Division Staff
City of Tigard
13125 SW Hall Blvd.
TIGARD, OR 97223
OWNER: Randa K.
Randall
15255 SW
Tigard,
Pittman
C. Brooks
72nd Ave.
OR 97224
REQUEST: A request for Zone Change approv 1 from I-L (Light
Industrial) to I-P (Industrial Park) for a property consisting of
approximately 0.56 acre. The site contains a 3,712 square feet
office building occupied by an accounting firm. ZONE: IL (Light
Industrial) LOCATION: 15255 SW 72nd Avenue. (WCTM 2S1 12DB, tax
lot 200)
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
NPO NO: 5
NPO CHAIRPERSON: Craig Hopkins
PHONE NUMBER: 639-5823
CHECK ALL WHICH APPLY:
STAFF DECISION COMMENTS DUE BACK Tojggulio
x PLANNING COMMISSION DATE OF HEARING: 1212121_
HEARINGS OFFICER DATE OF HEARING:
CITY COUNCIL DATE OF HEARING:
REQUEST FOR COMMENTS AND ATTACHMENTS:
VICINITY MAP
X NARRATIVE
SITE PLAN
TIME:7:30
TIME :7:00
TIME :7:3Q
LANDSCAPING PLAN
ARCHITECTURAL PLAN
OTHER:
PREPARE FOR PLANNER APPROVAL:
.JL ADVERTISEMENT - TIGARD TIMES OREGONIAN
.JL NOTICE TO PROPERTY OWNERS TO BE MAILED
LETTER OF ACCEPTANCE OF APPLICATION
NOTICE TO DLCD - ATTACHMENTS:
STAFF CONTACT: Jerry Offer
APPLICABLE REVIEW CRITERIA:
COMPREHENSIVE PL A POLICIES: 2,1.1/ 5.1.10 7.1.1, 7.2.1,
7.6.1/ 8.1.10 12.3.1
18.22.040, 18.68# 18170
CODE SECTION:
OF TIMM
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639-4171
FOR STAFF USE ONLY
1. GENERAL INFORMATION
200
j t4 PM MAN
„,
ADDRESS 18255 PHO
CITY 7 6) g o ZIP
CASE No.gmlV--
OTHER CASE NO'S:
RECEIPT NO.
APPLICATION ACCEPTED BY:
DATE: 1p212S
Application elements su mitted:
9) Application form (1)
.2f.:(B) Owner's signature/written
authorization
6,46) Applicant's 4444,47.
Gprem.effettee4-4ts5 Flan 14
Additional information for Compre-
sive Plan Map Amendments/Zone Changes
.0.0<ic Maps indicating property
location (pre-app check list)
addrgUnETWEITT*2431rTnnr"ft*
L,IG) Assessor's Map (1)
----(N) Title transfer instrument (1)
••••■■■■•■•
WA 14W Et 67' \la
*When the owner and the applicant are different
people, the applicant must be the purchaser of record
or a leasee in poasession with written authorization
from the owner or an agent of the owner with written
authorization. The owner(s) must sign this
application in the space provided on page two or
submit a written authorization with this application.
2. PROPOSAL SUMNARY
The owners of record of the subject property
request a Gempreaus4Age41-16maelment-(44
1111r14414.13.1-el-Ltara.--------- to --.
.11141...a.Zone Change from to
P r 44, O., 5r0 4.,e/Le, Ad ida/led,
(The-ar sts amendment to the
• the Comprehensive Plan
lopment Code
.01,1114111Mr A 41 A ,A0
FINAL DECISION DEADLINE:
COMP. PLAN/ZONE DES/GNATION:
N.P.O. Number:
Planning Commission Approval Date:
at any variance, conditional uses, or other land use actions to be considered
part of this application: •
4. Applicants: To have a complete application you Fill need to submit attachments
described in the attached information sheet at the time you submit this
application.
5. THE APPLICANTS, , SHALL CERTIFY THAT:
A. The above re uest does not violate an deed restrictions that ma
attached too im ose upon the subject property.
D. If the application is granted, tie applicant will exercise the rights
granted in accordance, with the terms and subject to all the conditions and
limitations of the approval.
C. All of the ,above statements and the statements In the plot plan,
attachments, 'it'd exhibits transmitted herewith, are true; and the
applicants -so acknowledge that any permit issued, based on this
application, may be revoked if it is found that any such statements are
false.
D. The applicant has read the entire contents of the application,' including
the policies and criteria, and understands the requirements for approving
or denying the application. y L
i y
I K L ► L
DATED this day of L tir �: . 19
• Y k
Xk
,
1 �µr
SIGNATURES of each owner (eg. husband and wife) of t object• property.
u L
A. SUMMARY OF THE REQUEST
CASE: Zone Change ZON 91-0009
REQUEST: A request for a zone change from the I-L (Light
Industrial) zoning district to the I-P (Industrial
Park) zoning district for a 0.56 acre developed
parcel.
APPLICANT: City of Tigard Planning Department
OWNER: Pittman & Brooks, P.C.
Certified Public Accountants
15255 SW 72nd Avenue
Tigard, OR 97224
LOCATION: 15255 SW 72nd Avenue (WCTM 2S1 12DB, Tax Lot 200)
1. Vicinity Information
The subject site is located along the west side of SW 72nd
Avenue just north of the Southern Pacific Railroad tracks and
across from Cardinal Lane and the Pacific Corporate Park. The
Beaver Bolt Company facility is immediately north of the
subject site.
Properties surrounding the site in all directions between SW
Bonita Road, SW Upper Boones Ferry Road, I-51 and Fanno Creek
are designated Light Industrial by the City of Tigard
Comprehensive Plan. Properties directly, across SW 72nd Avenue
are zoned I-P (Industrial Park). Properties on the west side
of SW 72nd Avenue, except for the Carman Center and properties
west of SW 74th Avenue, are zoned I-L (Light Industrial).
These excepted parcels are designated I-P.
SW 72nd Avenue is functional clast3ified as a major collector
Street. SW 72nd Avenue is improved with approximately 40 feet
of pavement, curbs, sanitary and storm sewers, and sidewalk on
the eastern side of the street.
2. Site Information and Proposal DesCription
The site contains a 3,712 square foot, two-story office
building and two parking lots providing 19 parking spaces.
The Site is being re-landscaped by the new owners of the
property. Approximately percent Of the total site is
landscaped.
q4,
•.
The building was built in 1978. An addition to the building
was built in 1984. Previous occupants of the building have
included a construction company office and an office for an
electronic service firm. Both construction sales and service
and research services (which includes electronic service
firms) are permitted uses in the existing I-L zoning district
applied to the site.
The building has recently been purchased and occupied by an
accounting firm, Pittman and Brooks, P.C. Accounting firms
are classified by the Tigard Community Development Code as
either a financial service use or as a professional and
administrative office use. Neither of these use categories
are either permitted or conditional uses in the 1-L zone.
Apparently, incorrect information with regard to the permitted
usage of this site was provided to the realtors that listed
this site for sale prior to the recent purchase of this site.
This error was compounded by the Building Division issuing a
building permit for modifications to the building for the
accounting firm without checking with the Planning Division
whether the use was permitted. The Planning Division became
aware of the current use of the building for the accounting
firm after Pittman and Brooks had already moved in to the
building. The Planning Division finds that there are three
apparent options for dealing with the current situation:
1. Allow the accounting use to continue as an
°illegal" use in the I-L zone;
2. Take enforcement actions to require the accounting
use to vacate the site;
3. Change the zoning applied to the site to I-P and
allow the accounting use to continue on the site
since both financial services and professional and
administrative services are a permitted use in the
I-P zone.
Because the site is developed with a building that would more
typically be found in an I-P zone and would allow uses more
typical of an I-P zone; because the site abuts other I-P zoned
property acroSs SW 72nd Avenue; and because requiring the
accounting firm to leave the site would cause an undue
hardship to the firm, the Planning Division staff is proposing
that the 0.56 acre site be rezoned to I-P.
B. FINDINGS AND CONCLUSIONS
The applicable criteria in this case are Tigard Comprehensive
Plan Policies 2.1.1, 5E1.11 7.1.11 7.2.1, /AA/ 7,6.1, 8.1.1,
'1,
}y kkr
and the locational criteria for industrial development (Policy
12.3.1); Community Development Code Chapter 18.68 (1--P zone);
and the change or mistake quasi - judicial Plan Map Amendment
criteria of both the Comprehensive Plan and Community
Comprehensive Plan has
Since the Tigard
Development Code.
been acknowledged by the Oregon Land Conservation and
Development Commission, it is no longer necessary to address
the statewide planning goals for a zone change that does not
affect the Comprehensive Plan.
The Planning Di
�� t 1 4�Y fn,.t i )� 4 : j :Ct: r�r V r �;'•�t ; �I.i it ,�r,,it `' s
p
to accommodate truck traffic as well as commuter traffic.
The site and surrounding area are relatively flat and
contain no obvious barriers to industrial development.
The locational criteria provide no guidance for
determining whether a property carrying the Light
Industrial Plan designation should be zoned I--L or I -P.
In the case of this property, the Planning Division finds
s
that a redesignation to 1-P would be appropriate because
allowed in the I-P zoning district would tend to oibe
more in character with the construction of the building
as an office building and the small size of the parcel.
While the building was constructed to serve a permitted
use in the I -L zone, the construction sales and service
use was and is one of the few I-L permitted uses that
would be expected to occupy an office building of this
sort, especially on such a small site. Most I-L zone
P industrial in character with
permitted uses are more. Indust
greater space needs for manufacturing operations and (or)
9 provided - on this site. The
storage needs than is p
majority of uses permitted in the I -P zone are office-
type uses that could be expected to locate in buildings
such as on the subject site and that could also utilize
a relatively small site and building.
• , proposed p oning would
In addition j staff finds that the ro osed rez
not create an island of I -P zoning but instead would be
g
a logical extension of the current I--P district across SW
$ The current usage of the
72
nd Avenue from the site.
other I -P uses that could later
occupy the hetsite , would be expected to be compatible with
o
the uses of these I--P zoned properties to the east as
well as with the nearby uses on I-X4 zoned properties.
5. The site itself and the building on the site are
consistent with the minimum lot size, minimum building
setback, landscaping, site coverage, and building height
requirements of Community Development Code Chapter 18.68
(1 -P zone). Any future redevelopment of the site would
fully with the use and dimensional
need to be to the I P zoning of ing district.
standards
0C-r-1 4-9 1 MON 2 p 012 P a TTMAN Et., BROOKS
Pittman
Brooks, P.t.
airlifted Public Av.co iotnntu
19259 t4W 72nd A enun
)'(WLlnnd, Oregon 97224
(303) 904.9233 ;# PAX (903) 694414459
RECEIVED
OCT 1 5 1991
COMMUNITY DEVELOPMENT
City of Tigard
Community Development Department
P.O. Box 23397
Tigard, Oregon 97223
Gentlemen:
We are requesting a zone change from /NI to I -P for the property
located at 15255 S.W. 72nd Avenue. The property consists of
approximately .56 acres. The zone change will allow us to operate
professional offices at the location.
The property is directly aCross 72nd Avenue from the PacTrust
Development which is zoned I-P and contains many businesses of a
P to ours. Our plans call for
professional office nature similar
landscaping which will mirror the PacTrust Development with grassy
We will be happy to Make the landscaping
plans available upon request.
our conference regarding this matter is scheduled for Thursday,
October 17th at 11100 a.m. If we need to provide any additional
information prior to that date, please let us know.
OCT-14-91 MOt4 2 21213 P I TTM02411-4 Et BROOKS
AZA DAMN Widiefatio 0,460 MAW 641.1.124)
UrdelA■04 AA:00 tyou4 046-01ou
1.1,14-1,42-91 11417 i a P Z 11" 1r M
'1 Aketch belo* le made solely for I .,,
purpose of ANION; In locating oaid rire igefa and
..the oomPany a$AIrrieta no Ilabill for varlatIonsi If any, In dirnenstotli .t location
oscRrtalned In actual survey,
100
1364.
00'A2
•
•
OCT-141.-91 MON '.?_'Z a Tom' X TTMATed St. BROOKS
t
P. o Z
Nige 61
1
MODE.
MEMORY RX
CITY OF TIGARD
Washington, County
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
Concerning Case Number(): ZON 91-0009
Name of Owner: Randa K. Pittman & Randall C. B9ok�
Name of Applicant: Cit of Ti ard Plannin.
Address 13125 SW Hall Blvd.
Address of Property: 15255 SW
Tax Map and Lot No(s).: 281 12D8
A-MgMant_f9EZoneChancie#222rofrom----
1420Llritr..11CLicIEJLEE21
consistin of a roximatel 0.56 acres. The site contains
AJA/22MDMAIMS20t office_buildthg_222HRIR4JtY_da
Industriall
Approval as requested
Approval with conditions
Denial
Notice: Notice wad published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and owner(a)
X Owners) of record within the required distance
X The affected Neighborhood Planning
Organization
X Affected governmental agencies
Final Decision: THE DECISION SHALL BE FINAL ON
UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions can
be obtained from the Planning Department, Tigard City Hall, 13125 SW
Hall, P.O. Box 23397, Tigard, Oregon 97223.
Appeal: Any party to the decision may appeal this decision in
accordance with 18.32.290(B) and Section 18.32.370 which provides that
a written appeal may be filed within 10 days after notice is given and
sent. The appeal may be submitted on City forma and must be
adcompanied by the appeal fee ($315.00) and transcript costs, (v ries
up to a maximum of $500.00).
The deadline for filing of an appeal is 3:30 p.m.
10. gyestions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
bkm/ZON9109.BKM
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ) as.
City of Tigard
AVAJA^, -, being first duly sworn/affirm, on oath
depose and say: (Please print)
That I am a J _i_a_L6A41-4/4.10::- for
The City of Tigard, Oregon.
ir-That I served NOTICE OF PUBLIC HEARING FOR:
That I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked
Exhibit "A") was mailed to each named persons at the addres shown on the
attached list marked exhibit "B" on the alt day of
said notice NOTICE OF DECISION as heret attanhed, was posted on an appropriate
bulletin board on the day of , 19_____° and deposited
in the United States Mail on the 12.41",_ day of S:ze,
postage prepaid.
Prepared Notice Posted (For DecisidinOn1V)
0011100p
.' • .1 I e/ii.
, . . , 4 &) (4;
ztis440
' ','.,',0,56
,-4
,bed and sworn/affirm me on the
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Person w • delivamd to POST OFFICE
SUbqpribed and sworn/affirm to me on the
19J7 .
NOTARY PUBL 0
My Commission Expires:
.s■
NO 1''Y Pt': IC i F OREGON
My omission Expires:
bkm/AFFIDAV. BKM
NOTICE oF PUBLIC
HEARINg
NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT ITS MEETING ON
MONDAY, December 2 1991, AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC
CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING
APPLICATION:
FILE NO.: ZON 91-0009
FILE TITLE: Pittman/Brooks
APPLICANT: Planning Division Staff
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
NPO NO: 5
OWNER: Randa K. Pittman
Randall C. Brooks
15255 SW 72nd Avenue
Tigard, OR 97224
REQUEST: ZONE CHANGE ZON 91-0009 PITTMAN/BROOK5 (NPO #5) A request for
Zone Change approval from I-L (Light Industrial) to I-P (Industrial
Park) for a property consisting of approximately 0.56 acres. The
site contains a 3,712 square foot office building occupied by an
accounting firm. The I-P zone allows civic uses, commercial uses
including professional and administrative offices, industrial uses
including manufacturing of finished products, and packaging and
wholesale storage and distribution. ZONE: I-L (Light Industrial)
LOCATION: 15255 SW 72nd Avenue (WCTM 251 12DB, tax lot 200)
APPLICABLE APPROVAL CRITERIA: Community Development Code Sections 18.22.040,
18.68, and 18.70; Comprehensive Plan Policies 2.1.1, 5.1.1, 7.1.1, 7.2.1, 7.4.4,
7.6.1, 8.1.1, and 12.3.1.
(See Map On Reverse Side)
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES
OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED
BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET
FORTH IN CHAPTER 18.30.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACT/ON MAY DO SO IN
WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT
THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECIEVE
A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND
INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE
PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE
PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE
IN SUPPORT TO THE APPLICATION AFTER ISSUANCE OF THIS. NOTICE, ANY PARTY IS
ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE
GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE
RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING.
;
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST
FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN.
APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE COMMISSION WILL BE BASED UPON THESE
CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS
RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE
OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO
AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN
APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR
INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST
SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR
INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER Jf.,...2EmOSSeig, AT
639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD
PLANNING ORGANIZATION (NPO) # 5
CHAIRPERSON: argigj kins PHONE NUMBER: 639-5823
••• •
.000MCIal
' N-1
1VNICIelV3
, • '
�.� . ....�., • AP.r. , ` i � „fir. f.;' yi r �t ?�:
2S101DC -00900
HICKETHIER, LILLIAN M
9220 NW LOVEJOY
PORTLAND OR 97229
2510100 -01100
CIRCLE A W PRODUCTS COMPANY
PO BOX 1171
MODESTO CA 95353
2S112AB -00300
HICKS, PRENTISS C
: CKS, NANCY D
PO BOX 23633
TIGARD OR 97223
•
2S112A1 -00500
PIKE, RICHARD C
.5Y CASCADE PACIFIC SALES
7300 SW LANDMARK rata
PORTLAND OR 97224
RANDA K. PITTMAN /RANDALt C. BROOKS
15255 SW 72ND AVE
TIGARD OR 97224
CRAIG HOPKINS
7430 SW VARNS ST
TIGARD OR 97223
2S1O1DC -0100
CIRCLE AW PRO 's " °M CTS COMPANY
PO BOX 1171
MODESTO CA 95353
v
Ex1A1LL94
25112AB -00100
NT HOOD CHEMICAL CORP
4444 Nara YEON
PORTLAND OR 97210
2S112AB -00400 ..
NORTHERN YARDS INC
PO BOX 23368
TIGARD OR 97223
2S112AB -00600 ..a.;
GROTHE, KENNETH N
14101 SW 72ND ST
TIGARD OR 97223
,fri r:
13615 SW 72ND
TIGARD OR 97223
2S101DC -00900
HICKETHIER, LILLIAN H
9220 NW LOVEJOY
PORTLAND OR 97229
28101DC -01100
CIRCLE A W PRODUCTS COMPANY
PO BOX 1171
MODESTO CA 95353
2S112AB -00300
HICKS, PRENTISS C
HICKS, NANCY D
PO BOX 23633
TIGARD OR 97223
255112AB -00500
PIKE, RICHARD G
BY CASCADE PACIFIC SALES
7300 SW LANDMARK LN
PORTLAND OR 97224
2225 FOLKEST •.�ti > WAY
WEST VANC0 r . ,; s -. BC V7S2Y6
2S101DC- 01000
CIRCLE AW PRODUCTS COMPANY
PO BOX 1171
MODESTO CA 95353
28112AB -00100
MT HOOD CHEMICAL CORP
4444 NW YEON
PORTLAND OR 4)210
2S112AB -00400
NORTHERN YARDS INC
PO BOX 23368
TIGARD OR 97223
2S112AB -00600
GROTHE, KENNETH W
14101 SW 72ND ST
TIGARD OR 97223
[Page Too Large for OCR Processing]
[Page Too Large for OCR Processing]
TO:
FROM: Tigard Planning Department
RE: ZONSICIIMIL,S109 pugmAlgampoics (11120 #5) A request for Zone
Change approval from I-L (Light Industrial) to I-P (Industrial Park) for
a property consisting of approximately 0.56 acres. The site contains a
3,712 square foot office building occupied by an accounting firm. ZONE:
I-L (Light Industrial) LOCATION: 15255 SW 72nd Avenue (WCTM 251 12DS,
tax lot 200) APPLICABLE REVIEW CRITERIA: Community Development Code
Sections 18.22.040, 18.68, and 18.70; Comprehensive Plan Policies 2.1.1,
5.1.1, 7.1.1, 7.2.1, 7.4.4, 7.6.1, 8.1.1, and 12.3.1.
trannattalii"
REQUEST FOR COMMENTS
DATE: November 7 1991
Attached is the Site Plan and applicant's statement for your review. From
information supplied by various departments and agencies and from other
information available to our staff, a report and recommendation will be prepared
and a decision will be rendered on the proposal in the near future. If you wish
to comment on this application, we need your comments by Npyt18, 1991. You may
use the space provided below or attach a separate letter to return your comments.
If .ou are unable to res ond b, the above date please phone the' staff contact
noted below with your comments and confirm your comments in writing as soon as
possible. If you have any questions regarding this matter, contact the Tigard
Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE:
639-4171.
STAFF CONTACT: alszy_Offer
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact
of our office.
Please refer to the enclosed letter.
Written Comments:
401.11•11,11111■001•0111•1••••••■••■•11.
Name of Person Commenting:
Phone Number:
bkm/ZON91-09.BKM
Building Official/Brad R.
,City Recorder
PrEngineering/Chris D.
Permits Coordinator/Viola G.
40/1/V/ird Water District
8777 SW Burnham St.
Tigard, OR 97223
School Dist No. 48
(Beaverton)
Joy Pahl
PO Box 200
Beaverton, OR 97075
School Dist. 23J
Tualatin Valley Water District
6501 SW Taylors Ferry Rd.
Tigard, OR 97223
4. AFFECTED JURISDICTIONS
Wash. Co. Land Use & Transp.
150 N. First Ave.
Hillsboro, OR 97124
Brent Curtis
Kevin Martin
Joann Rice
• Scott King
Fred Eberle
Mike Borreson
City of Beaverton
Jim Bendryx
PO Box 4755
Beaverton, OR 97076
Other
Division
5. SPECIAL AGENCIES
General Telephone
Rues Wells
12460 SW Main St.
Tigard, OR 97223
NW Natural dem
Scott Palmer
220 NW Second Ave.
Portland, OR 97209
TCI Cablevision of Oregon
Mike Hallock
3500 SW Bond St.
Portland, OR 97201
Columbia Cable (Frank Stone)
14200 SW Brigadoon dt.
Seaverton, OR 97005
Portland General Elec.
Brian Moore
14655 SW Old Scholl° Fry.
Beaverton, OR 97007
Metro Area Communications
Jason Hewitt
Twin Oaks Technology Center
1815 NW 169th Place 8-6020
Beavertono OR 97006-4886
US West
Pete Nelson
421 SW oak st.
Portland, OR 97204
r.. :4 • ••.• •
- Aeronautics Div. (ODOT) DOGAMI
Engineer Division of State Lands
Board of Health Commerce Dept. -M.t. Park
Fish et Wildlife
Parks & Recreation Div. LCDC
Subdivision Supervisor
Dept. of Energy PUC
Dept. of Environ. Quality - Fire Marshall
Other
FEDERAL AGENCIES
Corps. of Engineers
Southern Pacific Transportation Company
Duane M. Forney, PLS - Project Engineer .
800 NW 6th Avenue, R. 324, Union Station
Portland, OR 97209
.
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.4i.1 61
4
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1•,
STATE OF OREGON
County of Washington
City of Tigard
depose and say: (Please print)
That I am a
first duly sworn /affirm, on oath
The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING FOR:
That I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
✓Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked
persons at th addre s shown on the
day of x01 " 19 `iI
ached, was posts on an appropriate
, 1911 and deposited
Exhibit "A ") was mailed to each named
attached list marked exhibit "B" on the
said notice NOTICE Old' LLj gTSION as Preto at
bulletin board on the _Ul _ day of
in the United States Mail on the
postage prepaid.
1111401 A ILA-,
Prepared Not
ce Posted {For Decision _ Oram
!,. OFFICIAL SEAL
CATHERINE WHEATLEY
NOTARY PUBLIC - OREGON
COMMISSION NO, 006060
MY COMMISSION EXPIRES 10, 1995
Agit
Person ' deliv ??2 to POST OFFICE
OTARY PUBLIC OF OREGON �.
Hy Commission Expires:
Su ribed and sworn /affirm to me on the
'OT
MyC
Y PUB ' . OF OREGON
Lesion Expires:
4 44 010
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4.
LEGIBILITY STRIP
4.1
- • - - - • •-•--
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CITY OF TIGARD
Washington, County
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1. Concerning Case Number(s): ZON 91-0009
2. Name of Owner: Randa K. Pittman 1% Randall C. Brooke
Name of Applicant: Cityof Ti ard Plannin Staff
3. Address 13125 SW_Nall Blvd. City State OR Zip 97224
4. Address of Property: 15255 SW land_Avenue
Tax Map and Lot No(s).: 2S1 12DB, tax lot 200
5. Request: A re est for Zone Chanae algimnn0109...T=kalaht
Industrial to I-P_II/_:ldustrial Pasta for a propert'
consistin of a roximatel 0.56 acres. The site contains
a) aajiare
accountin firm. The I-P zone allows civic uses,.
commercial uses includin. .rofessional and administrative
offices industrial uses of
fini_productspackacium_and wholesale storage and
distribution. ZONE: I-L GlIght Industrial)
641/14-140 (Ir
6. Action: X Approval as requested
Approval with conditions
Denial
■■•■••..1,11..08.08
7. Notice: Notice-was published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and owner(s)
Owners of record within the required distance
L The affected Neighborhood Planning
Organization
X Affected governmental agencies
8. Final Decision: THE DECISION SHALL BE FINAL ON December 18 1991
UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions can
be obtained from the Planning Department, Tigard City Hall, 13125 SW
Hall, P.0. Box 23397, Tigard, Oregon 97223.
9. 1_122_sal: Any party to the decision may appeal this decision in
accordance with 18.32.290(B) and Section 18.32.370 which provides that
a written appeal may be filed within 10 days after notice is given and
sent. The appeal may be submitted on City forms and must be
accompanied by the appeal fee ($315.00) and transcript costs, (varies
up to a maximum of $500.00).
The deadline for filing of an appeal is 3:30 p.m. December 18 1991
104 Questiond: If you have any questions, please call the City of Tigard
Planning Department, 639-41714
bkm/ZON91-09 .BXM
4 :
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 91-13 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN
APPLICATION FOR ZONE CHANCE APPROVAL REQUESTED BY THE CITY OF
TIGARD PLANNING DEPARTMENT FOR A 0.56 ACRE PARCEL LOCATED AT 15255
SW 72ND AVENUE.
The Tigard Planning Commission has reviewed the above application
at a public hearing on December 2, 1991. The Commission has based
its decision on the facts, findings, and conclusions noted below.
A. SUMMARY OF THE REQUEST
CASE: Zone Change ZON 91-0009
REQUEST: A request for a zone change from the I-L (Light
Industrial) zoning district to the I-P (Industrial
Park) zoning' district for a 0.56 acre developed
parcel.
APPLICANT: City of Tigard Planning Department
OWNER: Pittman & Brooks, P.C.
Certified Public Accountants
15255 SW 72nd Avenue
Tiord, OR 97224
LOCATION: 15255 SW 72nd Avenue (WCTM 2S1 12DB, Tax Lot 200)
1. ElgilliI.YDAPrmation
The subject site is located along the west side of SW 72nd
Avenue just north of the Southern Pacific Railroad tracks and
across from SW Cardinal Lane and the Pacific Corporate Park.
The Beaver Bolt Company facility is immediately north of the
subject site.
Properties strrounding the site in all directions between SW
Bonita Road, SW Upper Boones Ferry Road, I-5, and Farina Creek
are designated Light Industrial by the City of Tigard
Comprehensive Plan. Properties directly across SW 72nd Avenue
are zoned I-P (Industrial Park). Properties on the west side
Of SW 72nd Avenue, eXcept for the Carnidn Center and properties
west of SW 74th Avenue, are zoned I-L (Light Industrial).
These excepted parcels are designated I-P.
FINAL. ORDER ZON 91-0009 PITTMAg-BIZOOKS4 t.C.
SW 72nd Avenue is functionally classified as a major collector
street. SW 72nd Avenue is improved with approximately 40 feet
of pavement, curbs, sanitary and storm sewers, and sidewalk on
the eastern side of the street.
2. Site Information lemdgropoial Descri tion
446 o'r 4:31,v.v:A
The site contains a 3,712 square foot, two-story office
building and two parking lots providing 19 parking spaces.
The site is being re-landscaped by the new owners of the
property. Greater than 40 percent of the total site is
landscaped.
The building was built in 1978. An addition to the building
was built in 1984. Previous occupants of the building have
included a construction company office and an office for an
electronic service firm. Both construction sales and service
and research services (which includes electronic service
firms) are permitted uses in the existing I-L zoning district
applied to the site.
The building has recently been purchased and occupied by an
accounting firm, Pittman and Brooks, P.C. Accounting firms
are classified by the Tigard Community Development Code as
either a financial service use or as a professional and
administrative office use. Neither of these use categories
are either permitted or conditional uses in the I-L zone.
Apparently, incorrect information with regard to the permitted
usage of this site was provided to the realtors that listed
this site for sale prior to the recent purchase of this site.
This error was compounded by the Building Division issuing a
building permit for modifications to the building for the
accounting firm without checking with the Planning Division
whether the use was permitted. The Planning Division became
aware of the current use of the building for the accounting
firm after Pittman and Brooks had already moved in to the
building. The Planning Division found that three apparent
options existed for dealing with the current situation:
1. Allow the accounting uSe to continue as an
"illegal' use in the I-L zone;
2. Take enforcement actions to require the accounting
use to vacate the site;
3. Change the zoning applied to the site to I-P and
allow the accounting use to continue on the site
since both finandial services and professional and
administrative services are a permitted use in the
I-P zone.
FINAL ORDER 'LON 91-0009 PITTMAN-BROOKS, P.C.
2
40. 4mo,
.. • .. • „ -
Because the site is developed with a building that would more
typically be found in an I-P zone and would allow uses more
typical of an I-P zone; because the site abuts other I-P zoned
property across SW 72nd Avenue; and because requiring the
accounting firm to leave the site would cause an undue
hardship to the firm, the Planning Division proposed that the
0.56 acre site be rezoned to I-P.
3. Agangy_Amijmajammantss
The City of Tigard Engineering Department and Building
Division, the Tigard Water District, and the Tualatin Valley
Fire and Rescue District have reviewed the proposal and have
offered no comments or objections relative to the proposed
zone change.
B. FINDINGS MID CONCLUSIONS ,
r
The Planning Commission finds that the applicable criteria in
this case are Tigard ComprehensimeePlan Policies 2.1.1, 5.1.1,
) 701.1 , 7.2.11 7.4.4, 7.6.10 8.1.11 and the locational criteria
for industrial development (Policy 12.3.1 ) ; Community
Development Code Chapter 18.68 (I-P zone); and the change or
1 mistake quasi-judicial Plan Nap Amendment criteria of both the
1 ,
Comprehensive Plan and Community Development Code. Since the
Tigard Comprehensive Plan has been acknowledged by the Oregon
Land Conservation and Development Commission, it is no longer
necessary to address the statewide planning goals for a zone
change that does not affect the Comprehensive Plan.
The Planning Commission finds that the proposal is consistent
with applicable portions of the Comprehensive Plan based upon
i the findings noted below:
4'.• :',4,• '...
• , „ ,,, .
. , - t . ', '•'.t.i..i,.....!-,::.•;,,..,•,,,„■:•,1,,,: '
1. Policy 2.1.1 is satisfied because Neighborhood Planning
Organization 5 and surrounding property owners were given
notice of the hearing and an opportunity to comment on
the applicant's proposal. A public hearing was held on
December 2, 1991 regarding the proposed zone change. No
written or oral comments were received at the hearing.
2. Plan Policy 5.1.1 is not affected because the proposal
would not appear to have any impact upon the economic
diverSity of the Tigard area. The proposed redesignation
is simply a change from one indUstrial zone to another.
It is difficult if not impossible to say whether the
proposed tedesignation would have . any impact upon the
numbers of employment opportunities in the City or
Whether the proposed change would provide an opportunity
for diversification in the opportunities available.
1I014 OFOigg LON 514000 PiTtM4W1000X8, P. C.
.;,
3. Plan Policies 7.1.2, 7.2.1, 74.4M and 7.6.1 are
satisfied because adequate service capacity for public
water, sanitary sewer, storm sewers, fire protection, and
streets exist to serve development or use of the site
with 'uses allowed in the I-P zoning district, including
the current accounting use.
Specific capacity analysis with regard to these
facilities' abilities to serve other future uses of the
site would be made when the property redevelops. The
City of Tigard notifies applicable public and private
utility and service providers of pending development
applications.
4. The locational criteria for the Light Industrial Plan
designation specified in Policy 12.3.1 are satisfied.
The site is well separated from residential development
so that no apparent direct effects upon any residential
area are foreseeable from industrial use of the site
The site is located on a major collector street that is
well connected to other collectors as well as I-5 so as
to accommodate truck traffic as well as commuter traffic.
The site and surrounding area are relatively flat and
contain no obvious barriers to industrial development.
The locational criteria provide no guidance for
determining whether a property carrying the Light
Industrial Plan designation should be zoned I-L or I-P.
In the case of this property, the Planning Commission
finds that a redesignation to I-P would be appropriate
because uses allowed in the X-P zoning district would
tend to be more in character with the construction of the
building as an office building and the small size of the
parcel. While the building was constructed to serve a
permitted use in the I-L zone, the construction sales and
service use was and is one of the few I-L permitted uses
that would be expected to occupy an office building of
this . sort, especially on such a small site Most I-L
zone permitted uses are more industrial in character with
greater space needs for manufacturing operations and (or)
storage needs than is provided on this site The
majority of uses permitted in the I-P zone are of f ice-
type uses that could be expected to locate in buildings
such as on the subject site and that Could also utilize
a relatively small site and building.
In addition, the Commission finds that the proposed
rezoning would not create an island of I-P zoning but
instead would be a logical extension of the current the
district across SW 72nd Avenue from the site The
ctrrent usage of the subject site, as well as other 14'
use that could later occupy the bite, would be expected
to be compatible with the uses of these I-P zoned
properties to the east as well as with the nearby uses on
I-L zoned properties.
5. The site itself and the building on the site are
consistent with the minimum lot size, minimum building
setback, landscaping, site coverage, and building height
requirements of Community Development Code Chapter 18.68
(I-P zone). Any future redevelopment of the site would
need to be fully consistent with the use and dimensional
standards of the I-P zoning district.
6. In order to approve a quasi-judicial amendment to the
Zoning Map, the Commission must also find that there is
evidence of a change in the neighborhood or community
which affects the subject parcel. Alternatively, the
Commission must find that there has been a mistake or
inconsistency made in the original designation of the
parcel (Comprehensive Flan, Volume 2, Policy 1.1.1,
Implementation Strategy 2; Community Development Code
Section 18.22.040(A)).
The Commission finds that a change has occurred within
the past five to ten years with regard to the type of
development occurring in this area. With the closure of
the Ford Pre-deliverY operations across SW 72nd Avenue
from the site and redevelopment of this area with the
various uses within the Pacific Corporate Park, this
general area has taken on an office development character
as compared to the more industrial character that
previously existed. This change of neighborhood
character along with the relatively unique office
construction and landscaping characteristics of this
site as compared to other sites on the west side of SW
72nd Avenue, support the request to redesignate this site
with the I-P zone which would allow a variety of office
uses of this site.
C. DECISION
The Planning Cadliaission concludes that the proposed Zone
change is consistent with City of Tigard Comprehensive Plan
and Community Development Code standards for a quasi-judicial
zone change. The Planning Comission approves the zoning
redesignation from I-L (Light Industrial) to I-P (Industrial
Park) for the 0.56 acres located at 15255 gW 72nd Avenue (WCTM
2S1 12DBI Tax Lot 200), based upon the foregoing findings.
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It is further ordered that the applicant be notified of the entry
of this order.
PASSED: This _5 day of December, 1991, by the Planning
Commission of the City of Tigard.
br/Zon91 09.jo
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FINAL ORDER ZON 91-0009 PITTMAN-BROOKS, P.C.
6
LEGIBILITY STRIP
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PITTMAN & BROOKS; P.C.
CERTIFIED PUBLIC ACCOUNTANTS
15255 SW 72ND AVE
TIGARD OR 97224
TIGARD PLANNING COMMISSION
REGULAR MEETING - DECEMBER 2, 1991
1. President Fyre called the meeting to order at 7 :30 PM. The meeting was
held at Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard,
Tigard, Oregon.
2. ROLL CALL: Present: President Fyre; Commissioners Barber, Boone,
Castile, Moore, and Saporta.
Absent: Commissioners Fessler, Hawley, and Saxton.
Staff: ► Senior...Planner Richard Bewersdorff, Associate
-Planner Jerry Offer, and Planning Commission
Secretary Ellen Fox.
3. APPROVAL OF MINUTES
Commissioner Barber moved and Commissioner Castile seconded to approve
the minutes of the November 4th meeting as written. Motion carried by
majority vote of Commissioners present, with President Fyre abstaining.
u r
Commissioner Moore moved and Commissioner Boone seconded to approve the
minutes of the November 18th meeting as written. Motion carried by
majority vote of Comnissioners present, with President Fyre abstaining.
4. PLANNING COMMISSION COMMUNICATIONS
There Were no communications received for this meeting.
5. PUBLIC HEARINGS
5.1 ZONE CHANGE ZON 91 -0009 PITTMAN /BROOKS (NPO #5) A request for Zone
9 pp
Chan e a roval from I -L (Light Industrial) to I -P (Industrial Park)
for a property consisting of approximately 0.56 acres. The site
contains a 3,712 square foot office building occupied by an accounting
firm. The I -P zone allows civic ` commercial uses including
rofessional and admi ni strati veoffices industrial Uses including
professional
ng of finished products, and packaging and wholesale storage
. I -L (Light Industrial) LOCATION: 15255 SW
72nd Avenue (WCTM 2S1 12
and distribution. ZONE: tax lot 200) .,, APPLICABLE APPROVAL CRITERIA:
...... ' op ment Code Sections 18.22.04018.68, and 18.70,
Community Development
Comprehensive Plan Policies 2:1.1, 5.1.1, 7.1.1, 1, 7.4.4, 7.6.1,
8.1.1, and 12.3.1,
Associate Pn Jerry Offer eaiQd e. City of Tigard Planning
Department was makin the alctonandthep rop erty i s cUrrentl
y
owned by Pittman and Brooks Certified He
d Publ � c Acoounti n Firm. y 9
advised this was not a Plan
change Ut �� a o ne Ch an g e.
He
described the tort' offic e building clrrenl y occupying the site
and
described the previous Uses, which were toff lice' in general characte.
He provided a back round concerning in
p g g formation a real estate agent
PLANNING COMMISSION MINUTES DECEMBER 2, 1991 PAGE 1
•
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LEGIBILITT.STRIP
received fro City employee indicating the p osed use would be
4,
allowed. However, later it was determined that the Light Industrial did
not allow this use He gave several reasons why staff favored changing
the zoning to I-P. These included: site already developed to I-P
standards, character of the building will attract similar approved uses,
and adjacent property on one side is zoned I-P. He talked about the
locational criteria and applicable policies. He noted that there were
no comments received back from NPO, service agencies or Fire District
with regards to this Zone Change. He recommended approval of the
application.
O There was brief discussion concerning the various options mentioned in
the staff report. Associate Planner explained how office uses differ in
the I-P and the I-L zones.
PUBLIC HEARING CLOSED
O It was consensus among Commissions favoring the Zone Change,
• Commissioner Barber moved and Commissioner Saporta seconded to approve
ZON 91-0009. Motion passed by unanimous vote of Commissioners present.
5.2 SUBDIVISION 91-0014 PLANNED DEVELOPMENT PDR 91-0007 ZONE CHANGE ZON
91-0008 VARIANCE VAR 91 -001 9 OLSONP*LAUBKE (NPO #7) Applicant
requests approval of the following development applications: 1) Zone
Change approval to designate the property with a Planned Development
overlay zone, 2) subdivision preliminary plat/Planned Development
conceptual plan approval to divide 5.84 acres into nine lots between
6,752 and 8,464 square feet with 3.96 acres to be dedicated to the City
as open space, 3) Variance approval to allow a lot depth to Width ratio
ne 2.9 to 1, whereas Code Section 18.164.060 requires a 2.5 to 1 lot
depth to width ratio. ZONE: R-4.5 (Residential, 4.5 Units/acre). The
R-4.5 zoning allow single family detached residential units, public
support facilities, residential treatment homes, farming, manufactured
homes, family day care, home occupations, temporary use, residential
fuel tanks, and accessory structures. LOCATION: South end of SW 113th
Place (WCTM 2S1 3AB, tax lot 300) APPLICABLE APPROVAL CRITERIA:
Community Development Code Sections 18.32, 18.50, 18.80, 18.88, 18.92,
18.150, 18.160, and 18.164; Comprehensive Plan Policies 2.1.1, 3.1.1,
3.4.2, 3.5.1, 3.5.3, 3.5,4, 4.3,1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1,
and 8.1.3.
Associate Planner Jerry Offer described the location and site. He
reviewed the zoning and the proposed density transfer. He noted the
applicant proposes to dedicate approximately 4 aches to the city for
greenWay and pedestrian pathways. He eXplained the Variance request.
He adVised that staff recommended acceptance of the floodplain
dedication for part of City's greenway open space development, but
rather than folloWing the existing path of the c r k require
development tu the path from the west side of 113th to the edge of the
Wetland. He discussed other options which included having Park
Department determine the pathway location. He noted the applicant was
giving up a lot of area in the floodplain and pathways.
PLANNING COMMISSION MINUTES - DLCEMBn 2, 1991
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PAGE 2
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AGENDA ITEM _ 5.1
STAFF REPORT TO THE PLANNING COMMISSION
MONDAY, DECEMBER 2, 1991 - 7:30 PM
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OR 97223
A. SUMMARY OF THE REQUEST
CASE: Zone Change ZON 91 -0009
REQUEST: A request for a zone change from the I-L (Light
Industrial) zoning district to the I-P (Industrial
Park) zoning district for a 0.5E acre developed
parcel.
APPLICANT: City of Tigard Planning Department
1 •
OWNER: Pittman & Brooks, P.C.
Certified Public Accountants
15255 SW 72nd Avenue
Tigard, OR 97224
LOCATION: 15255 SW 72nd Avenue (WCTM 2S1 12DB, Tax Lot 200)
RECOMMENDATION: APPROVAL
1. Vicinity Information
j located along the west of SW 72nd
g
Ave subject Southern Pacific side tracks and
t sate is 1
Avenue just north of the S
ac . rp Park.
facility is immediately north across from SW Cardinal Lane mid the Pacific Corporate of the
The Beaver Bolt Company facility
subject site.
Properties surrounding th e site in all d
i r
e_ ct
ion s
between SW
Bonita Road, SW Upper Boones.Fer Road, 1 -5, and F anno Creek
are designated Light Industrial by the Cit y of Tigard
Comprehensive Plan. Properties directly acros s SW 7 2nd Avenue
p
are " (Industrial tie Carman Center and grope side.
of zoned Y P e�ce t far lc Properties on the west sties
e,
p
west of 72nd SW 74t
enu
• v Avenue, are zoned I -I, (Light Industrial).
74th Aven
These excepted parcels are designated I -P.
SW 72nd Avenue
is
functionally
classified as major collector
street, 72nd Avenue improved with appro feet
of curbs sanitary and storm sewers r and sid valk on
the easter
side of the street.
STAFF REPORT ZON 91 =0009 PITTMAN- BROOKS, P.C. 1
_n_
E
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-
s 4 J s r ._ LsiYBiii STRIP .1:1, - -'a3 - tEY �,.ai+F.. L ' r j =' t t• -.1 -
c .�a
2. Site Information andirommal Description
The site contains a 3,712 square foot, two-story office
building and two parking lots providing 19 parking spaces.
The site is being re-landscaped by the new owners of the
property. Greater than 40 percent of the total site is
landscaped.
The building was built in 1978. An addition to the building
was built in 1984. Previous occupants of the building have
included a construction company office and an office for an
electronic service firm. Both construction sales and service
and research services (which includes electronic service
firms) are permitted uses in the existing I-L zoning district
applied to the site
The building has recently been purchased and occupied by an
accounting firm, Pittman and Brooks, P.C. Accounting firms
are classified by the Tigard Community Development Code as
either a financial service use or as a profelsional and
administrative office use. Neither,Rf these me categories
are either permitted or conditional uses in the I-L zone.
Apparently, incorrect information with regard to the permitted
usage of this site was provided to the realtors that listed
this site for sale prior to the recent purchase of this site
This error was compounded by the Building Division issuing a
building permit for modifications to the building for the
accounting firm without checking with the Planning Division
whether the use was permitted. The Planning Division became
aware of the current use of the building for the accounting
firm after Pittman and Brooks had already moved in to the
building. The Planning Division finds that there are three
apparent options for dealing with the current situation:
1. Allow the accounting use to continue as an
°illegal° use in the I-L zone;
2. Take enforcement actions to require the accounting
use to vacate the site;
3. Change the zoning applied to the site to I -P and
allow the accounting use to continue on the site
since both financial services and professional and
administrative services are a permitted use in the
I -P zone.
Because the site is developed with a building that would more
typically be found in an I -P zone and would allow uses more
typically ,_
tIrAical of an 1-P zone; because the site abuts other I -P zoned
property across SW 72nd Avenue; and because requiring the
accounting firm to leave the site would cause an undue
STAFF RtPORT ZON 51-00 PITTMAN-8RoOK8, PC. 2
4
LEGIBILITY STRIP
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4
1 44
•.', !!,?■;‘,V.' , ;,... ' • •
hardship to the firm, the Planning Division staff is proposing
that the 0.56 acre site be rezoned to I-P.
3. Jimmy and NPO Comments
The City of Tigard Engineering Department and Building
Division, the Tigard Water District, and the Tualatin Valley
Fire and Rescue District have reviewed the proposal and have
offered no comments or objections relative to the proposed
zone change.
B. FINDINGS AND CONCLUSIONS
The applicable criteria in this case are Tigard Comprehensive
Plan Policies 2.1.1, 5.1.1, 7.1.1, 7.2.1, 7.4.4, 7.6.1, 8.1.1,
and the locational criteria for industrial development (Policy
12.3.1); Community Development Code Chapter 18.68 (I-.P zone);
and the change or mistake quasi-judicial Plan Map Amendment
criteria of both the Comprehensive Plan and Community
Development Code. Since the Tigard Comprehensive Plan has
been acknowledged by the Oregon Land Conservation and
Development Commission, it is no longer necessary to address
the statewide planning goals for a zone change that does not
affect the Comprehensive Plan.
The Planning Division finds that the proposal is consistent
with applicable portions of the Comprehensive Plan based upon
the findings noted below:
1. Policy 2.1.1 is satisfied because Neighborhood Planning
Organization 5 and surrounding property owners were given
notice of the hearing and an opportunity to comment on
the applicant's proposal. In addition, notice was posted
in the Tigard Times and a sign was posted on the site.
2. Plan Policy 5.1.1 is not affected because the proposal
would not appear to have any impact upon the economic
diversity of the Tigard area. The proposed redesignation
is simply a change from one industrial zone to another.
It is difficult if not impossible to say whether the
proposed redesignation would have any impact upon the
numbers of employment opportunities in the City or
whether the proposed change would provide an opportunity
for diversification in the opportunities available.
3. Plan Policies 7.1.2, 7.2.1, 7.4
satisfied because adequate service
water, sanitary sewer, storm seWers,
streets exist to serve development
with uses allowed in the 1-P zoning
the current accounting use.
STAR' REPORT ZON 91-0009 PITTMAN BROOKS, P.
.4, and 7.6.1 are
capacity for public
fire protection, and
or use of the site
district, including
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1
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Specific capacity analysis with regard to these
facilities' abilities to serve other future uses of the
site would be made when the property redevelops. The
City of Tigard notifies applicable public and private
utility and service providers of pending development
applications.
4. The locational criteria for the Light Industrial Plan
designation specified in Policy 12.3.1 are satisfied.
The site is well separated from residential development
so that no apparent direct effects upon any residential
area are foreseeable from industrial use of the site.
The site is located on a major collector street that is
well connected to other collectors as well as 1-5 so as
to accommodate truck traffic as well as commuter traffic.
The site and surrounding area are relatively flat and
contain no obvious barriers to industrial development.
The locational criteria provide no guidance for
determining whether a property carrying the Light
Industrial Plan designatJaon should be zoned 1-L or 1-P.
In the case of this property the Planning Division finds
that a redesignation.to I-P 'ould be appropriate because
uses allowed in the I-P zoning district would tend to be
more in character with the construction of the building
as an office building and the small size of the parcel.
While the building was constructed to serve a permitted
use in the I-L zone, the construction sales and service
use was and is one of the few I-L permitted uses that
would be expected to occupy an office building of this
sort, especially on such a small site. Most I-L zone
permitted uses are more industrial in character with
greater space needs for manufacturing operations and (or)
storage needs than is provided on this site. The
majority of uses permitted in the I-P zone are cffice-
type uses that could be expected to locate in buildings
such as on the subject site and that could also utilize
a relatively small site and building.
In addition, staff find g that the proposed rezoning would
not create an island of I-P zoning but instead would be
a logical extension of the current 1-P district across SW
72nd Avenue from the site. The current usage of the
subject site, as well as other I-.13 uses that could later
occupy the site, would be expected to be compatible with
the uses of these I -P zoned properties to the east as
well as with the nearby uses on I-L zoned properties. ,
5. The site itself and the building on the Site are
Consistent with the minimum lot size, minimum building
setback, landscaping., site coverage, and building height
requiremer,,ts of Community Development Code Chapter 18.68
STAFF REPORT ZON 91-0009 PITTMAN-BROOKS, P.C. 4
j
(I-P zone). Any future redevelopment of the site would
need to be fully consistent with the use and dimensional
standards of the I-P zoning district.
6. In order to approve a quasi-judicial amendment to the
Zoning Map, the Commission must also find that there is
evidence of a change in the neighborhood or community
which affects the subject parcel. Alternatively, the
Commission must find that there has been a mistake or
inconsistency made in the original designation of the
parcel (Comprehensive Plan, Volume 2, Policy 1.1.11
Implementation Strategy 2; Community Development Code
Section 18.22.040(A)).
Staff finds that a change has occurred within the past
five to ten years with regard to the type of development
occurring in this area. With the closure of the Ford
Pre-delivery operations across SW 72nd Avenue from the
site and redevelopment of this area with the various 'uses
within the Pacific Corporate Park, this general area has
taken on an office development character as compared to
the more industrial character that previously existed.
This change of neighborhood character along with the
relatively unique office construction and landscaping
characteristics of this site, as compared to other sites
on the west side of SW 72nd Avenue, support the request
to redesignate this site with the I-P zone which would
allow a variety of office uses of this site.
C. RECOMMENDATION
The Planning Division recommends approval of the proposed
zoning redesignatiun from I-L (Light Industrial) to I-P
(Industrial Park) for the 0.56 acres located at 15255 SW 72nd
Avenue (WCTM 251 12DB Tax Lot 200), based upon the foregoing
findings.
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REQUEST FOR COMMENTS
TO:
RECEIVED PLANNING
DEC 0 5 1991
DATE: November 7. 1991
FROM: Tigard Planning Department
RE: AgiffWEEZCO9211TTIKraKS (NPO #5) A request for Zone
Change approval from 1-1. (Light Industrial) to I-P (Industrial Park) for
a property consisting of approximately 0.56 acres. Th.x site contains a
3,712 square foot office building occupied by an accounting firm. ZONE:
I-L (Light Industrial) LOCATION: 15255 SW 72nd Avenue (WCTM 281 12DB,
tax lot 200) APPLICABLE REVIEW CRITERIA: Community Development Code
Sections 18.22.040, 18,6e, and 18.70; Comprehensive Plan Policies 2.1.1,
5.1.1, 7.1.1, 7.2.1, 7.4.4, 7.6.1, 8.1.1, and 12.3.1.
Attached is the Site Plan and applicant's statement for your review. From
information supplied by various departments and agencies and from other
information available to our staff, a report and .recommendation will be prepared
and a decision will be rendered on the proposal id the near future. If you wish
to comment on this application, we need your comments by Nov. 18, 1991. You may
use the space provided below or att ch a e parate letter to return your comments.
IlLagiumm japable torgommdhyths above date please phone tha staff contact
noted below with your comments and confirm your comments in writing as soon as
possible. If you have any questions regarding this matter, contact the Tigard
Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE:
639-4171.
STAPP CONTACT: ges_uptjem____
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
K We have reviewed the proposal and have no objections to it.
bemworawwwww....
Please contact
of our office.
Please refer to the enclosed letter.
Written Comments:
Isiowasomaser.
Name Of Person Comtenting: 1/4-V(W* ((AAPhone thnnheri
bkmizoN91-09 .1mcm
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• ECEIVED NOV - 8 251
REQUEST FOR COMMENTS RECEIVED NANNING
TO: i.JfXd'k DATE: Myen_l....3er
NOV 1 2 1991
FROM: Tigard Planning Department
RE: WONOHAN ZON 91-0009 insumagms (NPO #5) A request for Zone
Change approval from I-L (Light Industrial) to I-P (Industrial Park) for
a property consisting of approximately 0.56 acres. The site contains a
3,712 square foot office building occupied by an accounting firm. ZONE:
I-L (Light Industrial) LOCATION: 15256 SW 72nd Avenue (WCTM 251 12DB,
tax lot 200) APPLICABLE REVIEW CRITERIA: Community Development Code
Sections 18.22.040, 18.68, and 18.70; Comprehensive Plan Policies 2.1.1,
5.1.1, 7.1.1, 7.2.1, 7.4.4, 7.6.1, 8.1.1, and 12.3.1.
Attached is the Site Plan and applicant's statement for your review. From
information supplied by variouEi departments and agencies and from other
information available to our staff, a report and recommendation will be prepared
and a decision will be rendered on the proposal in the near future. If you wish
to comment on thin application, we need your comments by Nov. 18, 1991. You may
use the space provided below or attach a separate letter to return your comments.
ktjestu are umb_121,tc_Lifmcadi __Lie above date please phone the staff contact
noted below with your comments and confirm your comments in writing as noon as
possible. If you have any questions regarding thi matter, contact the Tigard
Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE:
639-4171.
STAFF CONTACT: Istrmir_=M______
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
XL_ We have reviewed the proposal and have no objections
Please contact of otir office.
Please refer to the enclosed
Written Comments:
Name of Person Commenting: jaighglalliiliar—F.g. Tech 111
Phone Number:
bkm/ZON91-09 .8KM
t5 il. _.•:
To: 1--we
REQUEST FOR COMMENTS
DATE: November _7 _ 1991
FROM: Tigard Planning Department
RE: �O d� (� P0 #5) A rnqueat for Zone �hangoappr val f I0 L (Light �nu ®ial�
-P (Industrial Park) for
a property consisting of approximately 0.56 acres. The site contains a
3,712 :square foot office building occupied by an accounting firm. ZONE:
I -L (Light Industrial) LOCATION: 15255 SW 72nd Avenue (WCTI4 2S1 12DH,
tax lot 200) APPLICABLE REVIEW CRITERIA: Community Development Code
Section- 18.22.040, 18.68, and 15.70, Comprehensive Plan Policies 2.1.1,
5.1.1, 7.1.1, 7.2.1, 7.4.4, 7.6.1, 8.1.1, and 12.3.1.
Attached is the Site Plan and applicant's statement for your review. From
information supplied by various departments and agencies and from other
information available to our staff, a report and recommendation will be prepared
and a decision will be rendered on the proposal in the near future. If you wish
to comment on this application, we need your COMeritt3 by Nov. 14, 1991. You may
uses the space provided below or attach a separate letter to return your commmments.
lijtajs_re unabl�x to ree nd by the albove_da! please phone the staff contact
noted below with your comments and confirm your COMMettlt0 in writing as oon as
possible. if you have any questions regarding this matter, contact the Tigard
Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE:
639 -4171.
STAFF CONTACT: Iers y Cf f er
PLEB CHECK THE FOLLOWING ITS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact
of our office.
Please refer to the enclosed letter.
Written Comments:
Name of Person Commenting:
Phone Number =g.'�-
big /
zoN91 -09. iii
�ki
REQUEST FOR COMZ4ENTS
FRM
Tigard Planning Department
ZONE CHANGE ZON 91-0009 prrmslismom (NPO #5) A request for Zone
Change approval from I-L (Light Industrial) to I-P (Industrial Park) for
a property consisting of approximately 0.56 acres. The site contains a
3,712 square foot office building occupied by an accounting firm. ZONE:
I-L (Light Industrial) LOCATION: 15255 SW 72nd Avenue (WCTM 2S1 12DB,
tax lot 200) APPLICABLE REVIEW CRITERIA: Community Development Code
Sections 18.22.040, 18.68, and 18.70; Comprehensive Plan Policies 2.1.1,
5.1.1, 7.1.1, 7.2.1, 7.4.4, 7.6.1, 8.1.1, and 12.3.1.
Attached is the Site Plan and applicant's statement for your review. From
information supplied by various departments and agencies and from other
information available to our staff, a report and recommendation will be prepared
and a decision will be rendered on the proposal in the near future. If you wish
to comment on this application, we need your comments by Nov. 18, 1991. You may
use the space provided below or attach a separate letter to return your comments.
Ltiguijarsiimalond by_thgbypoze, please phone the staff contact
noted below with your comments and confirm your comments in writing as soon as
possible. If you have any questions regarding this matter, contact the Tigard
Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE:
639-4171.
STAFF CONTACT: gitm_Affpr
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to
Please contact of our office.
Please refer to the enclosed letter.
Written Comments:
bkm/ZON91-09 .BKH
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TO. 6G/
• • - •• • •-• ,
,P.■
REQUEST FOR COMMENTS
DATE: November 7 1991
FROM: Tigard Planning Department
RE: ZONE CHANGE ZON 91-0009 PITTNAHLEmosa (NPO #5) A request for Zone
Change approval from I-L (Light Industrial) to I-P (Industrial Park) for
a property consisting of approximtely 0.56 acres. The site contains a
3,712 square foot office building occupied by an accounting firm. ZONE:
I-L (Light Industrial) LOCATION: 15255 SW 72nd Avenue (WCTM 251 12D8,
tax lot 200) APPLICABLE REVIEW CRITERIA: Community Development Cod
Se..Itions 18.22.040, 18.68, and 18.70; Comprehensive Plan Policies 2.1.1,
5.1.1, 7.1.1, 7.2.1, 7.4.4, 7.6.1, 8.1.1, and 12.3.1.
Attached is the Site Plan and applicant's statement for your review. From
information supplied by various departments and agencies and from other
information available to our staff, a report and recommendation will be prepared
and a decisionwill be rendered on the proposal in the near future. If you wish
to comment on this application, we need your comments by noir. 18„ 1991. You may
use the apace provided below or attach a separate letter to return your comments.
_ire unable toyerorld 12y tite above date, please phone the staff contact
noted below with your comments and confirm your comments in writing as soon as
pourable. If you have any questions regarding this matter, contact the Tigard
Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE:
639-4171.
STAFF CONTACT: ..2mco• Of f
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the propoaal and have no objections to it.
tommitamitsca■tom
Please contact
of our office.
Please xefer to the enclosed letter.
Written Comments:
Naito of PertiOn doMmentingi
Phone Nurnberg
bkm/ZON916.09.BKH