Ordinance No. 74-06 CITY OF TIGARD, OREGON
ORDINANCE I'Io.74-___fp
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO APPLICATION
j c c i:1,F LINCOLN PRU,Z Ti 11Jnn.."u1,.., r)P 7ilN_F. (i.ASSTPI CATION FRO+i !
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R-7 Residential to C-P Commercial-Professional, NI'TH RESPECT TO
Tax Lot 3100 2SI 1AC GRANTING APPLICATION AND FIXING EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that the lands hereinafter described
have heretofore been and are now classified R-7 (Single
Family Residential) pursuant to the zoning ordinances of the City
of Tigard.
Section 2: The Council further finds that pursuant to prescribed
procedures, application forchange of zone of said lands
from R-7 (Residential) to C-P (Commercial-Professional) was the sub-
ject of a public hearing held by the Planning Commission on Novem-
ber 20, 1973 and the Commission has heretofore filed its report with
the City Recorder, copy whereof is hereto attached and by reference
made a part hereof, recommending approval of the application.
Section 3: The Council further finds that after due and legal notice
a public hearing was held on January 7, 197' before 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 y: Baseu or the evidence both oral and documentary and the i
record of said hearing before the City Council, the
Council makes the following findings:
(a) That the City's comprehensive plan entitled"Tigard
Community Plan" designates Tax Lot 3100 2S1 1AC as
part of a total area to be used for commercial and
a residential _purposes, to include compatible office
and business uses, and that the applicant's request
for C-P Commercial-Professional zoning is compatible
with the Tigard Community Plan, and that the pres-
ently existing R-7 (Single Family Residential) classi-
fication is out-moded and incompatible with the compre-
hensi.ve plan by reason of progressive changes in the
development of the neighborhood and the uses made of
adjoining tracts as heretofore authorized pursuant_, to
the comprehensive plan. i
_(b) That the applicant has demonstrated and proven a public -
need for lands in the Tigard community to be jade avail-
able and classified as Commercial-Professional in order
to fill a demand for commercial and professional offices,
and although other parcels in the Tigard area are zoned
for similar purposes, said parcels are limited in area
andfunsuitable for development for office-park or office-
campus type purposes, Tax Lot 3100 2S1 1Ac is of suf-
ficient size, adaptability and suitably located to be
integrated as part of the total development of office
facilities proposed by the applicant. The evidence I
Page 1 - ORDINANCE No-74--6—
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further shows that there is presently a low vacancy
rate of office facilities in the City as documented
by the market analysis submitted by the applicant.
Abutting lands on the Easterly boundary of the sub=
ject site are developed for commercial-professional
uses and occupied by the Lamb-Weston offices; lands
v hcrl of the 'tc _ occupied her Farmers insur-
ance
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office building and projected plans include
additional offices and probable motor hotel development.
Lands abutting on the WEst are zoned for commercial-
professional purposes and under development by Lincoln
Property M#75 foroffice-park uses. Across S.W.Hampton
Street, which the subject property abuts on the North,
single family development exists; however, the Council
finds that the proposed development of the site under
the conditions herein set forth, wi2.1 not impose any
undue burdens or have an undesirable impact upon such
residential uses.
(c) That public services, including water, sewer, electrical
energy and gas, are readily available to the subject
site, and the site is readily accessible to Highway 217
at the S.14.72nd Avenue interchange as well as to Inter-
state Highway I-5. S. W. Hampton Street designated on
the Tigard Community Pian as a collector street and
bounding the property on the North, provides direct
vehicular access, and with projected planning and street
developments the Council finds that the use of the site
will not impose undue traffic volume .or hazards.
(d) That the City should consent to and does hereby accept
applicant's offer and proposal to bind itself to the
following provisions in connection with the site devel-
opment plan of said lands, and the Council finds that
the proposed dedications and agreements on the part of
applicant are necessary in the public interest and to
adapt 6aid lands to the development and uses proposed
by the applicant:
1. That 10 feet along SW Hampton Street will
be dedicated to the public or to the City to enable
development of Hampton Street as a boulevard with a
landscaped median strip.
2. That a 30-foot wide right-of-way will be dedi-
cated to the public at the southerly terminus of
the vacated Sid Irving Street, directly adjacent to the
southwest corner of the subject site.
3. That the applicant consent to the formation
of a local street improvewent district including
those portions of SW Hampton Street which abut upon
the hereinafter described lands, to upgrade the said
street to meet city boulevard standards.
4. That the property owner, at the request of
the City, agree to construct a bicycle/pedestrian path-
way and adjacent landscaping in the right-of-way of
30-foot wide SW 70th Avenue; the City to request said
bicycle pathway construction and landscaping within
15Y ears and said pathway and landscaping standards
to be approved a
-ty the Planning Department and Public
.
Works Department of the City.
Page 2 '- ORDINANCE No.74-_(,,-
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(e) That the following conditions and requirements are
necessary as a part of the site development plan
and program of the applicant:
1, That in the event a driveway be constructed
across SW 70th Avenue to form a link for vehicular
traffic between TaX L' Ot 310: and lands of tine appli-
cant lying Westerly thereof, that such driveway
shall be constructed in accordance with City stand-
ards and subject to approval by the City Planning
Department and the Public Works Department.
2, That the location and design of all signs
on the site shall be subject to approval by the
Planning Commission.
Section 5: That the use classification of applicant's lands as
described on the attached sheet denoted EXHIBIT "A"
and by reference made a part hereof, and being Tax Lot 3100 2S1
1AC as hereinabove referred to, be, and the same is, hereby changed
from the present R-7 (Single Family Residential) to C-P (Commercial-
Professional), and the use thereof shall be consistent with and
subject to the requirements of such zoning classification as pre-
scribed by the Tigard Municipal Code and further subject to the con-
ditions hereinabove set forth under Section 4(e).
Section 6: This ordinance shall become effective on the 31st day
after its passage by the Council and approval by the
Mayor.
PASSED: By ,,,tea..,.;&..:.vote of all Council members present, after
being'readsthree times by number and title viily, this
day of January, 1974.
Recon er - C t Tl
APPROVED: By the Mayor, this 4a_day of January, 1974,
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Mayor City oz1 agar
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EXHIBIT "A"
DESCRIPTION
Block 40, WEST PORTLAND HEIGHTS, in the City of Tigard,
Washington County, Oregon;
TOGETHER WITH a part of S.W. Irving Street (formerly
known as Ninth Street) vacated on March 8, 1973, in
Book 912, Page 559, and described as follows:
Beginning at the Southeast corner of Block 40, WEST
PORTLAND HEIGHTS; thence running East 30 feet along
the Easterly extension of the South line of Block 40,
thence South 30 feet to the South line of the Plat of
WEST :PORTLAND HEIGHTS; thence West along the South line
of said plat to the Southwest corner thereof; thence
North 30 feet along the West line of said plat; thence
East 30 feet along a Westerly extension of the South
line of Block 40 to the Southwest corner of said Block
t L 19�..� L m --
4U; thenC8 East along the South ' Ina aO B37 K 4U 60
the point of beginning.
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TIGARD CITY COUNCIL : ;h
anuar y 7, 197`a
Agenda Item 12
ZC 4-73 (Lincoln Property Co. )
Zone Change
For property located on the southerly side of S.W.
Hampton Street, 800 feet east of S.W. 72nd Avenue
(Tax Map 2S1 1AC, Tax Lot 3100)
.p icsnt
Lincoln Property Company
Applicant's Request
Approval of a change of zone classification from
R-7, Single Fawily Residential to C-P, Commercial
Professional
Applicant's Proposal
s.
To 'construct two general office building on the
subject sited
Staff Findings
1. The site is currently undeveloped being covered
with brushy vegetation and scattered trees.
2. Exsiting adjacent zoning is described as follows: `
easterly direction - Lamb-Weston complex, zoned
C-P, Commercial Profeasional
southerly direction Farmers Insurance, existing
R-7, ,Single Family Residential,
Proposed P-'J, Planned Development
District for Offices and Motor
Hotel
Westerly direction - C-P, Commercial Professional,
Lincoln Property Company
northerly direction R-7,.-Single Family Residential
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3. Adjacent Latid Use is described as follower
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sss.e<+ rl y direction - Lamb-Weston research facility►`
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and related parking areas
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southerly direction - Farmer Insurance Building and
intervening undeveloped wooded
'land
westerly direction - Lincoln Property Co. office
j complex under construction
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northerly direction - mixed single family homes
and wooded areas
4. The subject site's existing .R-7, Single Family
Residential zoning does not conform to the City's
Comprehensive Plan. The site is designated
"Commercial-Residential" in the Tigard Community
Plan and is intended to include "compatible office
and business uses". The unadopted Tioard Triangle
Plan designates the site as "office park' . The
applicant's request for C-P, _Commercial Professional
zoning is in conformance with both the T garard„
Community Plan and the Tigard Triangle Flan
I
5. The applicant has established a community need '
for the requested change. This need is documented
in a market analysis of the proposed use as sub-
mitted to the staff.
6. Changes in condition have occured affecting the
appropriateness of this site for the currently
zoned residential use and rendering the site
more suitable for the proposed use. These changes
includethe construction of State Highway 217,
with its related noise, pollution and increased
aces two Office development to the east
and west of the subject property are also changes ;
in condition$ rendering the property leas suit-
able for singlet family residential use. a
7. There are other parcels of land in Tigard_zoned
for the requested use. This land is along Pacific
Highway and is not as readily accessible to
• a Interstate 5 and State Highway 217 as the subject
site. Pacific Highway properties, appropriately
zoned for the proposed use, are either developed
or are 'too small to be developed in the manner
# of an "office campus"
I�.
lR Page 2 - Staff Report Lincoln Proparby Co., - 1-7-74
The proposed develop
went will result in some
fi ng from
monflict with existing land ad by use thelchanging
the land use transition caused _y
I conditions in the area. These conflicts are
prima
with the scattered a rgls family
development north of Hampton and the Phil Lewis
Elementary School weft of S.W. 72nd Avenue.
Secondarily, increased traffic will occur on
existing substandard streets, in some cases
fronted by single family homes.
9. The site derives vehicular access from .W-as a
Hampton Street. Said street is desig,
atedcollector street in the Tigard Community Plan
This street is not currently developed to City
collector street standards. Businessmen within
the Triangle and adjacent industrial areas have
retained a traffic consultant to determine a
clearer picture of traffir
c ciculatined on within
the area. The staff i_f
the
ton Street to future
capacity of S.W. Hemp
padditional officedle complexes'
peak hour flows
10. The sits is adequately served by utilities. Water
is available via an a inch line located an the
southerly side of S.W. Hampton Street.
inch Tigard sewer line is also located in S.W.
Hampton Street and is adanuate to serve the .
proposed loading. There is currently a moratorium
on sewer connectione in effect until such time
as the Jtt$fied Sewerage Agency's Durham Sewerage
Treatment Plant is operotional, Some Commerical
sewer permits remain available, however, they
may be completely utilized when the applicant is
prepared to apply for a building permit. The
subject moratorium is temporary. Public funds
have been committed to construct the Durham Plant
and said facility is to ba c^mpleted within two
years, thus allowing the applicant
�a proposal
to be constructed within a reasonable period of
time.
11. The Tigard Tri snole Plan designates the right-
of-way of S.W. 70th Avenue as a proposed pedes-
trianway. The vacation of S.W, Irving Street,
located un the southern edge of the site, blocked
S.W. 70th Avenue from extending, into the Farmers
Insurance 'Property.. Farmar<s preliminary development
plan for their proposed Planned Development District
indicates a proposed penestrianway through their
site and aligned with S.w. 70th Avenue. The
1-7-74
Page 3 - Staff Report -- Lincoln Property Co. _
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extension of this padestrianway is desireable , � +
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.' to facilitate the flow of pedestrian and bicycleo
through the Triangle area, as proposed by the
Trienc�le Plan. The provision of facilities for 1
non-...tnmobile transportation is important to the
Triangle in view of proximiLoum livi.^.y areae
proposed to the north of the subjOct site and
due to the long range supply problems of gasoline
and other motor vehicle fuels.
Staff Recommendation
Approval of the applicant's request to change an
existing R-7, Single Family Residential zone to !
i., a C-P, Commercial Professional zone, subject to
the following conditions:
1. The ten feet of additional right-of-way
adjacent S.W. Hampton Street be dedicated
to the public so as to
allo'w' its development as
a boulevard, having a landscaped median strip. j
2. That the property owner (s) will supportthe
formation of a local improvement district to
4
can S.W. Hampton Street to a City boulevard
standatd.
3. That a 30 foot wide right-of-way be dedicated
to the public at the southern terminus of S.W.
70th Avenue and the western terminus of the
vacatsd S.W. Irving Street, directly adjacent
the southwest corner of the subject situ
: t
page q - Staff Report - Lincoln propertyCo. i-7-74