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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 ! j 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— {! 1 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 Y � ... „r.-,... 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-_(,,- 4 '}x� (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, '� - -t��tic Mayor City oz1 agar i [i= { �i Page 3 - ORDINANCE No.74-,(a. n j acs"fi3 .��° ._.,.. • .. .. ,_. r. .r ,.. -. ._ n i i 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. zr� .,r J R k Aw 1.7 Y¢ , 41 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 a • a r _ MMMF 3. Adjacent Latid Use is described as follower u sss.e<+ rl y direction - Lamb-Weston research facility►` �.. =, and related parking areas i southerly direction - Farmer Insurance Building and intervening undeveloped wooded 'land westerly direction - Lincoln Property Co. office j complex under construction t 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. _ Af extension of this padestrianway is desireable , � + .. .' 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