Ordinance No. 76-28A t
CITY OF TIGARD, OREGON
{ ORDINANCE No. 76--a'91-i
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APWDI�ENT OF
THE 1970 ZONING MAP OF THE CITY OF TIGARD AS AMENDED, SAID
AMENDMENT BEING REQUESTED BY ROGER BELANICH IN BEHALF OF
C0MMONWEA.LTH PROPERTIES, INC. , TIE LEGAL 0 I HERS OF THE PROPERTY
INVOLVED, AUTHORIZING THE USE OF SAID LANDS AS A PLANNED DEVEL-
OPMENT DISTRICT PURSUANT TO CHAPTER 18.56, TIGARD MUNICIPAL CODE, `
WITH RESPECT TO ALL OF THOSE LANDS DESCRIBED ON THE ATTACHED
EXHIBIT "A", GRANTING APPLICATION AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that the lands hereinafter described
(hereafter called the "subject property") and or stipu-
lated on exhibit "A", have heretofore been and are now classified
C-49 Neighborhood Commercial, pursuant to the zoning ordinances of
the City of Tigard.
Section 2: The Council further finds that pursuant to prescribed
procedures, an application for amendment of the zoning
map by designating the subject property a commercial planned develop-
ment district and for consideration of a General Plan and Program
was the subject of a public hearing held by the Planning Commission �
on May 18, '1976. The Commission has heretofore filed its report '
with the City Recorder, and a copy of that report is attached to
this Ordinance and by reference made a part hereof. The Planning
Commission report recommends approval of the application.
Section a The Council further finds that, after due and legal
notice, a 'public hearing was held on June 14, 1976, by
an impartialCouncil, and that at said hearing the applicant and
all interested parties were afforded an opportunity to be heard
and topresentand rebut evidence with respect to said application.
Section 4: Based on the evidence both oral and documentary and the
record of said hearing before the City Council makes
the following findings:
(a); That the Comprehensive Plan entitled "Tigard
Community Plan" as amended, includes the subject`
property as part of a larger area designated for '
Retail Commercial development, and that granting
of the applicant's request complies with that plan.
> . (b) That this proposed amendment to the zoning map is
consistent with a public need shown by the appli-
cant for the proposed commercial facilities.
ORDINANCE No. -76 ,
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(c) That the proposed planned development, subject to
the conditions hereinafter set forth, will not
unduly burden the adjacent neighborhood, nor will
it have an undesirable impact upon the community.
(d) That public services, including water, sewer, storm
drainage, electrical and gas utilities are readily
available to the site and are sufficient, providing
certain conditions hereinafter set forth are satis-
fied.
(e) That necessary and legal public access and egress
is to be provided by the applicant pursuant to
the general development plan and program attached
hereto and made a part hereof by reference.
(f) That the proposals of the applicant, with respect
to dedications of public lands and rights-of-way,
construction of public improvements, landscaping
and those other improvements and amenities identi-
fied in or shown by the general plan and program,
attached hereto and a part hereof, and those further
requirements and conditions as recommended by the
Planning Commission, all hereinafter set forth,
will enhance the acceptability of this proposed
commercial development.
(g) That the applicant is an "owner" of the subject
property by virtue of an agreement in the nature
of an option between the applicant, Roger Belanich
and Com-mon1wealth Properties, Inc.
Sect-- : The City of Tigard, therefore, pursuant to the require-
ments of Chapter 18.88, and Chapter 18.56 of the Tigard
Municipal Code, hereby approves the applicants request for an
amen&ient of the Tigard Zoning Map of 1970 as amended, subject to
all applicable requirements of Chapters 17 and 18 of the Tigard
Municipal Code and further subject to the requirements, conditions
and any restrictions that may be embodied in this ordinace and its
exhibits, hereto attached and made part hereof and identified as
follows:
Exhibit A Property Description
Exhibit B General Site Plan
Exhibit C Development Program
and subject to the following requirements and conditions of approval:
1. A 5 ft. dedication for public street purposes on
121st
G
(2)
A ORDINANCE No. 76
2. A 10 ft. to 20 .ft. dedication for public street
purposes on Scholls Ferry Road, the final deter-
mination of width to be made by the Oregon State
Highway Dept.
' 3. A 5 ft. utility easement on all lot lines.
4. Development of SVd 121st from the Scholls Ferry Road
intersection to the southerly line of Commonwealth's
Englewood Planned Development Improvement shall be
to city collector standards (44 ft. roadway) with
curbs, 5 ft. sidewalks adjacent proDerty lines, and
a landscaped strip with street trees. Improv=ement
to the intersection of 121st at Scholls to provide
for left and right turn channels from 121st and a
left turn channel on Scholls Ferry to 121st.
5. No access be provided from Scholls Ferry Road and
no access to 121st within 100 ft. of Scholls Ferry.
6. That a pedestrian/bicycle trail be provided along
Scholls Ferrer Road (extending that alreadyrovided
for easterly of 121st adjacent to Englewood.
7. The extension of SW Springwood Drive across tax
lot 500 to interesect 122nd with a 50 ft. right-of-
way, improved to a standard 36 ft. street.
8. That condition ##9 of the C-4 zone change (Ord. 75-56)
be amended to read as follows: No building permits
will be issued until adequate assurance is supplied
the City that placement of a traffic signal at
51.1 121st Street and SW Scholls Ferry Road is certain.
9. Covenants shall be
future vacation of 1d
22ndStreet, if ed to make deemedlnecessa
and to provide cross easements with any future com-
mercial development which may occur on the property
to the west, or if a street is deemed necessary an
additional 5 ft. of right-of-way shall be dedicated.
10. A landscaped setback be provided from SW Sprin �
Drive according to the width stipulated on the site
development plan and to include dense planting.
11. Landscaped setbacks from Sw 121st and from, Scholls
Ferry of not less than 20 ft., excepting the 10 foot
area adjacent the building on SW 121st Street.
Section 6: The applicant shall
pursuant to Section 18.56,050,
Tigard Municipal Code, within one (l) year of the effec-
tive date of this Ordinance, file a final plan and program, with the
City.
ORDINANCE No. 76_.ZZA page 3
f
Section .Z: If substantial construction or development has not taken r
place within one (1) year of the effective date of this
Ordinance, this ordinance shall be void.
Section S: This ordinance shall be effective on and after the
31st day after its passage by the Council and approval
by the Mayor.
PASSED: This --2day of _ , 1976, by jmo t
vote fall Council members present, after
read
three times by number and title only.
i:.
ecor er m City ofgard
is
APPROVED: By the mayor this 28tH day of _ _,7une,__�„__„_, 1976.
Mayor lty of-Tigard
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ORDIIIAN'CE No. 76AZA
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Legal Description - 10953
For
Cowrlc;nwealtl� Properties, Inc. Jure 21, 1976
North Englewood Commercial
Situate in the northwest quarter of Section 34, Township I South, ;
Range 1 West, Willamette Meridian, City of Tigard, Washington
County, Oregon, and being described as follows:
Beginning at a point on the Sast right--of-way line of. S.W. 122nd
Avenue said point being N89 54'50"E a distance of 1077.94 feet,
and NO`�0.5'42"W a distance of 635. 10 feet from the west quarter
corner of said Section 34, and running thence D10005'42"1,1 or.
said east right--of-way line a distance of 631..09 feet to a no-*Lnt
. on the sou8h right-of-way line of Scholls Ferry Road (CR X4348) ;
thence N77 53'36"E a distance of 170.04 feet to the beginning
of a tangent 40.00 foot radius curve right; thence on said
curve. through a central angle of 101058'51" (chord bears S510006 '58"E,
62 16 feet) a distance of 71.20 feet to the end tohereof; thence
SO607'33"E a distance of 627.25 feet; thence S89 52 '27"V a distance
of 214.98 feet to the point of beginning containing 3.2.12 acres
more or less.
10550 B.W. ALLEN BLVD., SUITE 223/ BEAVERTON, OREGON 97005 1 503-643-9410
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GENEWL DEVELOPMEPdT PLAN AND PROGRAM
FOR
PLANNED DEVELOPMENT DISTRICT (P-D)
121ST S.W. AND SCHOLLS FERRY ROAD
APPLICANT
ROGER M. BELANICH
In accordance with the specifications of the General Development Plan and Program
(18.56.030) as required by the current zoning classification of the subject prop-
erty, I hereby submit the following statement together with attached plot plans
and exhibits.
PLAN ELEMENTS
PLOT PLAN
Enclosed is a plot plan, prepared by Henry Voderburg, Architect and member of the
professional design team for this project. This plot plan will show all the spe-
cifics of the proposed shopping center land use as required under the General De-
velopment Plan.
This plot plan includes the following:
1. The land use.
2. Location of thoroughfares, streets, biAways, sidewalks, and other
pedestrian passageways.
/3. Location,width and names of all existing or platted streets.
4. Existing & proposed sewers, water mains and capacities.
5. Areas proposed for parking and drive aisles, dimensions, and
number and angle. Also truck loading and dock with hdim_ens ions.
6. Open spaces.
T. Traffic flow and circulation.
8. A preliminary tree planting and landscaping plan.
9. Tables showing the number of acres and size designated for each
building, number of parking stalls, landscaping areas; all of
which are also ex-pressed as a percentage of the whole.
VICINITY MAP
AV Enclosed is a vicinity map showing land uses within five hundred feet of the boundaries
of the development.
TYPICAL BUILDINGS.
Enclosed are some drawings of typical elevations and architecture for a supermarket
as contemplated for this development. Actual drawings of all buildings will be ap-
propriately submitted during the stages of Design Review with the planning staff.
RESTRICTIVE COVENANTS
An outline review of the form of the covenants that will be prepared for the vacation
of 122nd Avenue S.E. is contained in a letter, attached, which wa3 prepared by Robert
1
Ball, attorney for the applicant.
Also submitted in the attached is a typical common area maintenance clause which is
contained in all leases for shopping center tenants.
k
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PAGE 2
jENERAL DEVELOPMENT PLAN AND PROGRAM
i
CONTOUR MAP
A contour map is enclosed herein.
1�
CODE DEVIATIONS
The plot plan submitted herein indicates some deviations from the zoning code as it
;1
pertains to the setbacks of the buildings on the east and west property line.
From an apparent observation of the plot plan the east and west boundaries of the
property which border 121st Avenue and 122nd Avenue would appear to be sideyards.
The north boundary would appear to be the front yard and the south boundary along
Springwood Drive the rear yard. Yet, in fact, the code interprets these all to
be front yards. To wit:
18.08.450• Setback front yard. "Front yard setback" means a setback g
or yard abutting any street other than an alley... .
f this size is surrounded
nee wherein a single lot o
It is a highly unusual circt�msta c �
by four streets.
The code is drawn to deal with the normal circumstances of urban development and
cannot be expected to interpret each unusual circumstance. But in a case such as
this it intruduces a hardship. It could eliminate 40 feet of buildable frontage.
''his could reduce the size of the supermarket by 2300 sq• ft. and the satellite
building by 1000 sq. ft. This would disturb the efficiency of the supermarket,
from the typical operational layout and space requirements. Concerning the satel-
lite building it would curtail the amount of co-tenancy which reduces the convenience
services available to the community. '
It is reasonable to interpret that the boundaries along 121st Avenue and 122nd Ave-
nue be treated as side yards. C-4 zone 18.32.040. No side yard shall be required
except when abutting a residential zone."
This property has an unusual dimension. Yet nevertheless it conforms to the Com-
prehensive Plan and has been zoned C-4. This was done because it can serve the
best needs for convenience shopping for this growing area of the community.
The property has unusual dimensions being long and narrow. The City by recognizing
its use has also recognized it in view of this physical limitation. Therefore I
ask the City to deal with this highly unusual circumstance of its setbacks so that
the best implementation of the Comprehensive Plan and needs of the community can
best be satisfied.
Since there is a large amount of open space (60%) this deviation only pertains to
a partial area.
s .
The building bordering 12fr. on the south side of the property has a ten-foot set-
back instead of 20 feet. And this also lies 10 feet within the 20 foot landscaped
area as called for in the rezone ordinance.
r`
GENERAL DM LOPMENT PLAN AND PROGRAM PAGE 3
CODE DEVIATIONS (Continued)
This deviation from the 20 feet of landscaping asked for in the ordinance is only
along an area extending 100 feet. This same area will be landscaped and. in effect
there will be no noticeable difference between a 10 foot setback and a 20 foot set-
back.
It is not appropriate to consider a front yard requirement along 122nd since it
is probable that this street will be vacated in order to fulfill the plans of the
city for an expansion of commercial zoning to the west at a future time. As re-
quired by the provisions of the rezoning of the subject property and as provided
by the covenants mentioned in this application the applicant has 'submitted to va-
cate this street at any time it becomse mutually acceptable to the western prop-
erty owner and the City of Tigard. This vacation of 122nd would create a strictly
side yard situation for the subject property and buildings.
The layout as such for this shopping center is typical of other shopping centers
in the City of Tigard. These centers have only normal side yard requirements.
The Planned Development District-Ordinance has been created in order to assist
situations such as this. The following are from the Zoning Code.
18.56.oto
The purpose of the planned development district is to provide oppor-
tunitiesto create more desirable environments through the application
of flexible and diversified land development standards under a compre-
hensive plan and program professionally prepared - - - to encourage
superior development arrangements. It is further intended to achieve
economics in land development. - - -
18.56.o60
Application of standards. In cases of conflict between standards of
the underlying district and the planned development district, the
standards of the planned development district will apply.
18.56.ogo
Lot coverage. Lot coverage shall be the same as the underlying dis-
trict unless the planning commission finds that an exception is war-
ranted in terms of the character and amenities proposed in the total
development.
i
18.56.120 f
Subdivision lot sizes. Minimum area, width, depth and frontage re- a
quirements for subdivision lots in a planned development district may
be less than the minimum specified in the underlying district if in
accordance with the approved general development plan and program and
the density standards of this chapter. - -
L DEV'r OPI•'ERT FIAN AND Pli0raAM PAGE 4
7 u
sion. In the best interests of the cow;unity it is more important to have a
Lh:1.e4-e s-_perzarhet and other COnplimentary convenience stores than a twenty-foot
bac -, on What amounts 10 the side of a building.
}i`,.UACY OF SEI , FACljj p i FS
-:sed is a letter from the Tigard Engineering Division stating that sanitary
connections are available and adequate.
U-FS PLATM-tM FOR TFE DEVELOPP�IF1IgT
follok-ing are .he types of tenants that are likely occupants (uses) for this
ping center d:_.-elopmc-nt and should be specifically considered as such. Other
s than these specified are also possible.
Supermarket Restaurants
zrini•-grocery (in one of Drive-in Restaurant
the buildings border- Service Station or Car Wash
gin, Scholls Ferry Road) Doctor or Dentist office
Barber Shop Commercial Branch Bank or
Beauty Parlor Savings & Loan Bank, etc.
Cleaners Real Estate Office
Laundromat General Commerical or
Dru7store or pharmacy Professional Offices
Florist Photo Store
Gift Shop Book Store
ardware Store Clothing Store, men's
Mean Market or women's apparel �
Shoe Repair Variety Store
Stationery
YARD SET;ahCK
A T-1 .ty-foot setback has been called for within the granting of the rezoning of
the subject property. The intent of this requisite is for the purpose of screen-
ng the coramercial uses on the subject property from those residential uses con-
-em-plated on the property to the south.
On -he plot plan we have provided for landscaping of the type that will sufficiently
scr-en the commercial development from the residential uses.in This will be done more
effectively by the density and height of the landscaping g t ypes than the depth re-
Guested by the zoning ordinance to effect the same result. Nevertheless 20 feet of
=e ' --ck area has been provided in a large part of this bordering area in order to
<•�>z�, ,'m to the rezoning requisites.
In cr der to provide a convenient and ample amount of customer parking these additional
parking stalls are important to the overall development of the property. Nevertheless,
this should not conflict with the intent of the twenty-foot rear setback for screening
purposes.
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TOTAL 'SITS AREA: 5.30 A61ZE5 n
HOLe TOTAL, LEASE AREA: 3:J,OLvo na-P7; N
-N TOTAL,'.PARKING SPACES: 155 GARS
Gu5TOA]BR t-A2KlN6: 143 GARS D
z EM1�LG?`(EE t�A�'K(N!�: 12 GARS i
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