Ordinance No. 77-100 CITY OF TIGARD, OREGON
ORDINANCE NO. 77 0 ,
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION
BY CARL HECTOR FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT 7035
S.W. HAMPTON STREET AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1
IAC AS TAX LOT 1100 FROM WASHINGTON COUNTY "RU-4" TO CITY OF TIGARD
"C-P", COMMERCIAL PROFESSIONAL, AND ADOPTING EXHIBITS "A" AND "B" ,
GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County
RU-4, and further finding that pursuant to prescribed procedures,
the above-stated application for a zoning map amendment was heard
in a public hearing held by the Tigard Planning Commission on Novem-
ber 1, 1-977, and all interested persons were there and then af-
forded an opportunity be heard, and thereafter the Planning Commis-
sion filed its report and recommended approval with the city re-
corder, a copy therefore hereto attached and by reference made a
part hereof, the Council adopts the following substantive findings:
A. There exists a public need to apply City of Tigard zoning to
all parcels of land in the city in order to ease the adminis-
tration of land use regulations and assure consistency through-
out the city.
B. The proposed C-P zoning conforms to the "Residential-Commercial"
designation of the Tigard Community Plan, 1971.
C. The proposed C-P zoning district is the most appropriate desig-
` nation and will have negligible impact on the neighborhood.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88
of the Tigard Municipal Code, the applicant's request
for an amendment of the Tigard Zoning Map of 1970 to zone those
lands described in the attached Exhibit "A for Commercial Profes-
sional (C-P) use is hereby approved, subject to the provisions of
Chapter 18.40 (Commercial-Professional zone) of the Tigard Munici-
pal Code so embodied in or exhibited by the document submitted and
identified as follows:
Exhibit "A": Legal Description
Exhibit "B": Staff Report
and further subject to the following condition:
Ordinance No. 77- o0
ZC 33-77
1. File with the City Recorder an agreement not to remonstrate
against a local improvement district for street improvements
to S.W. Hampton Street.
SECTION 3: This ordinance shall be effective on and after the 31st
day after its passage by the Council and approval by the
mayor.
PASSED: By majority vote of all Council members present this 12th
day of December, 1977, after being read three times by num-
ber and title only.
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Recorder - City of igard
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APPROVED: By the mayor this 12th day of December, 1977.
Mayor - City of Tigard �-
Ordinance No. 77-100`
ZC 33-77
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EXHIBIT "A"
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Beginning at the northwest corner of Lot 17, "Beveland No. 2" a
subdivision in the southwest quarter of the northeast quarter of
Section 1, Township 2 South, Range 1 West, W.M. , Washington County,
Oregon, running thence N 890 05' E, along the north line of Lot 17
and its easterly extension, 150 feet to the center line of S.W.
70th Avenue; thence S 000 55' E along the center line of S.W. 70th
Avenue to its intersection with the southerly right-of-way line (as
projected across S.W. 70th Avenue) of S.W. Hampton Street; thence
westerly along the southerly right-of-way line of S.W. Hampton
Street to its intersection with the southerly extension of the west
line of Lot 17; thence N 000 55' W to the point of beginning.
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EXHIBIT "B"
STAFF REPORT
�.. AGENDA 5,1
, t TIGARD PLANNING COMMISSION
November 1, 1977, - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: sone Change ZC 33-77
+- 4-^ h,^^e the zoning designation
Request: For a zone map amendment ..v :.aauac7�, y g
from Washington County RU-4 to City of Tigard "C-P, Com-
mercial Professional" for a .40 acre parcel
Location: 7035 S.W. Hampton Street (Wash. Co. Tax Map 2S1 lAC, Tax
Lot 1100)
Applicant: Carl Hector
I. Findings of Fact:
1. The site is a flat parcel with a house located on the pre-
mises. A home occupation (sale of house plants) is cur-
rently being conducted from out of the house. Surrounding
land uses are single family residential to the north and
east, professional offices to the south and across Hampton
Street and a vacant lot to the west.
2. Water service is available to the site via an eight inch
line in S.W. Hampton Street. Sanitary sewer is available
to the site via an eight inch line in Hampton Street. The
house is currently on a septic tank systema
3. S.W. Hampton is designated a collector street on the Tigard
Community Plan, 1971 and NPO #4 draft plan. Required
right-of-way for a collector street is 60 feet. There
presently exists the necessary right-of-way. However, S.W.
Hampton is in substandard condition (no curbs, sidewalks,
street lights, etc.) .
4. The applicant is requesting the application of the City of
Tigard zoning ordinance to a recently annexed (September
21, 1977) , .40 acre parcel designated "Residential-Commer-
cial" on the Tigard Community Plan, 1971 and proposed as
Office Park on the yet to be adopted NPO, #4 Plan.
j 5. The applicable policies from the draft NPO #4 Plan are the
following:
Policy 22. In the TriangZe Office Park developments on single parcels
of less than one acre will be discouraged.
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STAFF REPORT
AGENDA 5,1 I
TIGARD PLANNING COMMISSION I
November' 1, 1977
Page 2 i
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Policy 23. Within the Office Park area supportive uses such as eating,
entertainment, motel, and convention facilities are condi-
tional uses, subject to the Planning Commission finding
that compatibility with adjacent development is assured
and there is a need within the Office Park area for the
proposed use.
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6. In addition to Policies 22 and 23, the NPO is proposing a
specific recommendation to protect the established residen-
tial areas and to ease the process of conversion from resi-
dential to office use. This recommendation states:
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In the Triangle the most viable residential areas have been identified
and are slated for protection until 75 percent of the owner occupants
s elect to allow their "conversion unit" to be redeveloped according to
the uses specified on the plan map. The conversion units are deline-
ated on the plan map.
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The subject lot is within Conversion Unit #5 on the draft
NPO #4 Plan.
7. The NPO is currently formulating a development timing policy.
The purpose is to assure that the conversion of the Triangle
from residential to commercial and industrial use will occur
in step with the placement of the necessary public facili-
ties. The development trend now taking place in this area
is to permit up-zoning to a more intensive use without as-
suring that adequate public facilities (primarily streets)
are available or to be provided. Tie NPO is concerned that,
if development is permitted to continue without requiring {
or assuring that street improvements will take place, the
public will eventually inherit the burden of providing the
improvements made necessary by the conversion to commercial t
development.
. II. Conclusionary Findings:
1. The requested use conforms to the long range planning desig-
nation for this area but raises several development timing
issues which should be resolved before the zoning is up-
graded. The time has arrived to set down firm policies for
the continued development of this area, which will ultimately
contain a larger geographic area for office development than
the Portland Central Business District. The NPO is cur-
rently working on these policies, and their recommendation
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STAFF REPORT
AGENDA 5.1
TIGARD PLANNING CVMMISSION
November:. 1, 1977
Page 3
will be forthcoming within the next 30 to 90 days. within
this period of time the NPO should be able to recommend on
whether to exclude this property from Conversion Unit #5
and a proposed policy for synchronizing the provision of
public facilities (in this case, street improvements) to
the continued development of this area.
2. Policy 22 of the NPO draft plan states that "developments
on single parcels of less than one acre will be discouraged. "
The less than one half acre size of the subject parcel
places it well below the one acre minimum. In cases where
there is no alternative for aggregation of properties,
techniques to mitigate the effects of small lot development,
such as shared access, common parking, reduced side line
setbacks, etc. , should be employed. .
III. Staff Recommendation:
1. Staff recommends that this request be tabled for a maximum
of 90 days to allow the NPO to complete their work of draft-
ing a development timing policy. it is staff's intention €
to have this work with the NPO completed by the first part
of November. It is therefore possible, barring any unfore-
seen difficulties, to have a recommendation for the Plan-
ning Commission by the meeting scheduled for November 15,
one month hence.
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MINUTES
TIGARD PLANNING ComMISSION i
November 1, 1977 - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
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1. Call to Order:
2. Roll Call:
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Present: Popp, Sakata, Goldbach, Corliss, Wood, Moore, Tepedino
Absent: Brian (Note: Brian arrived during the communications
portion of the meeting.) '
Staff: Laws, Edwards
3. Approval of Minutes:
Wood questioned the corrections of the minutes of September 20, t
1977.
The minutes of October 4, 1977 were approved as presented.
4. Communications:
Staff reminded the Commission of the joint study session sched-
uled for November 3. F
5. Public Hearings:
5.1 Zone Change ZC 33-77 (Hector)
A request by Carl Hector for a zone map amendment to change
the zoning designation from Washington County Zoning RU-4 to
City of Tigard Zoning "C-P, Commercial-Professional" for a
.4 acre parcel at 7035 S.W. Hampton Street (Wash. Co. Tax
Map 2S1 IAC, Tax Lot 1100)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
Carl Hector, applicant, explained why he was requesting
the zone change and asked that the Planning Commission
approve the C-P designation.
o Peter Davis, Stan Wiley realtors:
o Stated that he had been informed the C-P zoning
would be permissable when the property was annexed
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MINUTES
TIGARD PLANNING COMMISSION
November 1,. 1977
Page 2
o Objected to staff changing their recommendation
at this step in the process
o Outlined the reasons supporting the zone change.
o Charles Haley stated he had earnest money on the prop-
erty and requested that the proposal be appxoved.
C. Public Testimony:
None
D. Staff Recommendation:
o Staff reviewed past dealing with the applicant and
the status of NPO 4 Plan
Staff recommends that this request be tabled for a maxi-
mum of 90 days to allow the NPO to complete their work
of drafting a development timing policy. It is staff's
intention to have this work with the NPO completed by
the first part of November. It is therefore possible,
barring any unforeseen difficulties, to have a recommen-
dation for the Planning Commission by the meeting sched-
uled for November 15, one month hence
o Haley., Hector, and Davis submitted additional testi-
mony.
E. Commission Discussion:
o Laws explained the concept of conversion units and
the provision of public facilities in the preliminary
NPO 4 Plan.
o Wood stated that, given the particular facts, tabling
would be an undue hardship for the applicant, and ap-
proval would not be detrimental to the city.
o Tepedino questioned whether 90 days could be reduced
to a more reasonable amount.
o Popp summarized the situation and asked if staff had
any conditions to attach if approved.
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MINUTES
B<- TIGARD PLANNING COMMISSION �
November 1, 1977
Page 3
he
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hange
o Saffathalfrstreetequested that, if improvementtforzSnW.cHamptonaStreetobedr
required.
o Haley protested the half street improvement. k
Wood moved and Brian seconded for approval with staff
recommendations based on the use's negligible impact on k
the area and that NPO 4 policies would not be adopted by
the City Council for several months.
The motion was approved seven to one, with Sakata dis-
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senting.
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5.2 Zone Change ZC 34-77 (Caf.fall)
No one representing the applicant was present.
Sakata moved and Goldbach seconded that the item be tabled
to the next available meeting.
The motion was approved by unanimous voice vote.
5.3 Zone Change ZC 35-'17 (Halverson)
A request b W. R. Halverson for a zone map amendment to
change the zoning designation from Washington County Zoning
RS-1 to City of Tigard Zoning 11R-7, Single Family Residen-
tial" for parcels totalling 8.91 acres at 12555 S.W. Summer--
,.__:___ ,T.,,-,, Co max Map 1S1 34CB, Tax Lots 200, 201,
Crest L—JrLve %rvasb..
202, 203, 204)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
Mfrs. Halverson requested approval for zone change in or-
der to allow construction of single family homes, t
C. Public Testimony:
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.None