Ordinance No. 77-18 C�
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CITY OF TIGARD, OREGON f
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ORDINANCE NO. 77- /5f - 4
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY t
?` GEORGE KILIAN FOR AN AMENDMENT OF THE 1970 ZONING MAP OF THE CITY
OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPICTED
f ON WASHINGTON COUNTY TAX MAP 2S1 12D AS TAX LOTS 2100, 2200, 2104 t
AND 2103, FROM (M-3) LIGHT INDUSTRIAL TO (hI-3, PD) LIGHT INDUSTRIAL,
PLANNED DEVELOPMENT PURSUANT TO CHAPTER 18.56, TIGARD MUNICIPAL CODE
AND ADOPTING THE ATTACHED EXHIBITS A, B, AND C AND FIXING AN EFFEC-
TIVE DATE.
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Finding that the lands hereinafter described have been
heretofore and are now classified as light industrial
(M-3, pursuant to the provisions of the City of Tigard's Zoning
Ordinance and Tigard Ordinance No. 75-52, 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 December 7, 1976, and all interested
persons were there and then afforded an opportunity to be heard, and
thereafter the Planning Commisson filed its report and recommended
approval with the City Recorder, a copy thereof hereto attached and
by reference made a part hereof, and, further, finding that , after
i due and legal notice, a public hearing was held before the City
Council on January 24, 1977, and that at said hearing the applicant
and all other parties desiring to be heard were afforded an oppor-
tunity 'to be heard and present and rebut evidence with respect to
said application, and further, finding that, based on evidence, both
oral and documentary, and on the record of said hearing before the
City Council, the Council has made the following substantive findings:
A. That the application conforms wit;:: the Tigard
Community Plan, as adopted; and
B. That the applicant has shown a community need
for the proposed development on the site herein
described; and
C. That it has been shown there would be no adverse
impact from the proposed development on adjacent
sites, occupants, or activities, or on the immed-
iate neighborhood that cannot be mitigated success-
fully by attachment of appropriate conditions; and
D. That the proposed location is most suitable for
the applicant 's proposed development; and that
E. The development will coincide with the provision
of public streets, water-, .sewer, and power with
the fulfillment of appropriate conditions.
Section 2: Therefore, pursuant to the requirements of the Tigard
Ordinance 77- !P`
Municipal Code, the applicant's request : for an amendmelit
of the Tigard Zoning Map of 1970 to zone those lands described'in
attached Exhibit "C" for "M-3, P.D. " light Industrial Planned Develop-
ment is hereby approved, subject to the provision of Chapter 18.58
(Planned Development of the Tigard District) Municipal Code as embodied
in or exhibited by -the documents submitted and identified as follows:
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Exhibit "A" - Site Development Plan
Exhibit "B" - General Development Program i
Exhibit "C" - Legal Description .
and further subject to the following conditions:
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1. The site be annexed to and served by the Tigard
Water District.
2. Land necessary to provide a 40' from center line
right-of-way be dedicated to the city for S.W.
72nd Avenue and S.W. Upper Boones Ferry Road. F
3. A half street improvement to arterial street
standards be provided prior to occupancy; or
a cash bond be posted in the amount of 110% s,
of the total estimated project cost to assure
F` that the necessary street improvements will
commence, within twelve (12) months after
occupancy (of any or all of the buildings) if
a local improvement district has not been formed
to accomplish this improvement. '
4. The uses allowed in the office/warehouse building
be limited to those not requiring large truck
deliveries. ;
5. Any access onto S.W. Durham Road, if realigned,
be approved by the Planning Commission.
6. A signing program be developed for the entire
site, subject to Design Review Board approval.
7. The east driveway attherear of the building be
limited to one way traffic or identified as a ,
service drive with no parking.
Section 3: This ordinance shall be effective on and after the 31st
day after its passage by the Council and approval by the �.
mayor.
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PASSED Byl9�Jljrilous vote of all Council members present this
day of P R,C-e-0L i- , 1977, after being
_ read three times by number ancf title only.
a` RecorderCityof Ti g d
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Ordinance No. 77-
APPROVED: By the mayor this day of p. �, 1977
Mayor - City of Tigard
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EXHIBIT "B"
The proposed project is a "neighborhood service center". This project
is designed to serve the needs of the employees no) in the area and
those that the Tigard Comprehensive Plan forecasts to be in this area
in the future. The basic objective of this development isto provide
these employees with os and services that are Rresentlprovided
i op imal manner.
tie have discussed the public need and viability of the facility in
great detail in the preliminary approval phase, so we feel compelled
to summarize them only briefly here. We are proposing a center for
the employees of this area who are presently forced to travel long
distances for basic goods and services or to purchase them at higher
prices than a retail chain store would require. Of the three facilities
we are proposing, a restaurant, a bank, and a grocery, none is presently
within a mile of this area.
Another public need in this area that is equally urgent is the ML,rove_
ment of this -inia_rsection. The present business traffic on this corner
is hazardous. autos—are often parked two deep on either side of the
road and enter the traffic flow almost blind. By internalizing the
business traffic flow as shown in the drawing, this situation will be
totally alleviated.
�. As we have mentioned, this area is scheduled for industrial development
and by providing such a facility, the present and ever increasing
(� number of employees in the area will have an alternative to their
t reliance on the automobile. In other words, this facility can help the
city hold the line against increasing amounts of traffic flowing to
disparate points in the city.
By enhancing the attractiveness of this area for business location,
the project will aid in the filling in process of one industrial area
before encroaching on open space in other parts of the city.
The tax base will be greatly enhanced while requiring negligible
additional demands on community services.
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With the business traffic at this intersection internalized, the non-
business
on business traffic along Boones Ferry Road and 72nd Avenue will enjoy
smoother, more rapid travel. i
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There is little that can be said for the consideration of alternative
sites. The project is specifically designed for this particular area,
There are no Planned Development Zones which offer the same level of F
convenience for the employees in this growing, industrializing area. �<
Therefore, 'an alternative site will not.fulfill the objectives we have
delineated in detail for this project.
On the other hand, if this facility is allowed to be developed,
important goals and objectives of the Tigard Comprehensive Plan can
be met. Conformance with the plan can be broken down into three areas:
general plan conformity, commercial area plan conformity, and neighbor-
hood commercial plan conformity.
Community Goal #5 is "the convenient location of shopping and business
facilities with respect to their market areas."
The project is specifically designed to meet a need that is presently
lacking in the area - the provision of b sic, everyday goods and services
to employees in the immediate vicinity. :'Onnie's Grocery" provides only
the most rudimentary supplies at prices that are not competitive. There
is no bank closer than central Tigard or central Tuaiitin, nor are there
any restaurants where employees in this vicinity can feasibly travel
on their lunch hour. This facility, at this location will provide a
service center, convenient to its market area and thereby help reduce
dependence on the automobile.
Community Goal #6 is "the encouragement of the filling in of open space
for commercial or industrial uses."
The proposed facility will aid in accomplishing this goal both directly
and indirectly. Directly, the project will fill in
immediately relatively vacant land with commercial uses. Indirectly, by
enhancing the area from a business viewpoint, prospective commercial and
industrial businesses seeking a place to locate in the Tigard area can
be expected to find this area more attractive than other locations where
this group of services is not as conveniently available.
There is much to recommend this location and facility from the stand-
point of the goals and objectives which the Tigard Comprehensive Plan
outlines for commercial uses in general.
Conflict between the safe and efficient movement of shopper traffic
and through traffic on two major streets will be minimized. Parking
facilities will be totally internalized. In this way, shopper and
pedestrian traffic are removed from the traffic flow on Boone's Ferry
Road and 72nd Avenue. The perpendicular angle and length of the
driveways will insure that traffic moving in and out of the flow on
these two major streets will be convenient and safe.
Another important policy of the plan, regarding commercial areas in
general is the discouragement of disorganized patterns of unrelated
uses. This is exactly the kind of land use pattern we propose to
replace. The present land uses on the space involved is neither
attractive nor interrelated in its use patterns. We have repeatedly
stressed the interrelationships of the proposed uses with each other
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and to the surrounding neighborhood. Moreover, the architectural
style will be harmonious with and complimentary to the styles of the
surrounding buildings.
This consideration is another important objective of the plan regarding
general connercial areas. The developer has willingly subjected the pro-
ject to the high building and landscape design recommendations of the
plan.
A concept closely paralleling our proposed project is the "neighbor-
hood convenience center". Four policies and standards are recommended
for these centers and the proposed project is in compliance with all
four.
These centers are only to be allowed as Planned Developments. This
is recommended to promote the flexibility and innovative. design that
will be incorporated in our development.
Such centers are to be located at least one mile from centers offering
similar goods and services. A center that fairly well duplicates our
proposed project is Tigard Square. The location we propose is just over
one mile from this facility.
The development of such parcels is to coincide with the provision of
adequate public utilities and facilities. The project design has
allowed for the proposed improvement and widening of the two intersecting
streets although these improvements are questionable at this time. Further
we are in the process of negotiating an expansion of the Tigard Water
District to insure water quantity and quality sufficient for all needs
of the development. We are also exploring the possibility of expanding
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sewer facilities should this become necessary.
In conclusion, we would like to mention only briefly the matter of
deviations from the code requirements. The few that do exist, specifi-
ally the setbacks, were painstakingly worked out with the Tigard
Planning Commission staff. These efforts resuited in approval by the
Tigard Planning Commission in the Preliminary Approval Hearing of
October 19, 1976. These deviations have therefore been approved by
both staff and the commission.
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DEVIATIONS FROM THE UNDERLYING M-3 ZONE
We are proposing two Lofor the development which are not permitted either
outright or conditionally in an M-3 Zone; the retail commercial and branch
bank. It is our understanding that one of the major purposes of the P.D.
Zone is the promotion of innovative design and functions. For this reason
we have chosen to regard the underlying zone as more or less definitive in
terms of such zoning requirements as setbacks, parking and loading require-
ments and access and egress requirements because, -in our opinion these
requirements form the basis for the assurance of quality development through
the zoning process.
On the other hand, there is no inherent ."compatibility formula" for various
combinations of uses. Rather, the compatibility of uses with each other
and their surroundings is an issue that may logically be decided on a case
by case basis. In the preliminary plan approval phase we dealt at length
with the integral part each of the proposed uses is to play in our overall
concept. Because this combination of uses will further what we perceive
as the "spirit" of the P-D concept- and because, in this specific instance,
they are compatible and in fact complimentary with each other and their
surroundings, we do not feel that the question of use restrictions that
might normally be imposed by the M-3 zone is compelling.
Regardin sWaico
, at one point, specifically the far south corner of the
proposed remmercial building, the setback is 20' rather than the
required 301. This setback is the result of positioning the building in
such a way as to provide a safe and convenient circulation pattern as well
as .the economically required amount of floor space. This setback includes
an easement dedication to provide for the future widening of'Boone's Ferry
Road, -r The adverse impacts that could
occur because of this deviation are minimal. The overriding question is
that of visibility. This deviation is 50' from the existing centerline of
Boone's Ferry Road and located on .a straight stretch of that road about
170' from the intersection. The driveway at this corner is perpendicular
Jo Boone's Ferry Road. A setback of 20'. wi11 allow complete visibility of
the road by vehicles in the driveway. Further ,, these vehicles will be
completely visible to vehicles on Boone's Ferry.- Road. As we have said, the=
closest intersection is 170' away. This.is 140' greater than the minimum
required distance between curb cuts and-.intersections.
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Another setback Gondideration concern=_ the proposed widening at S.111. 72nd
Avenue. Presently, the site design provides for 40' setbacks rather than t
the required 30' . However, when the proposed widening of this road is com-
pleted, this setback would be cut to 20' . One of the reasons behind requir-
ing a 30' setback in the M-3 zone is to provide for parking for normal k
business operations. The facility we propose will internalize all its
parking so that such a wide setback is not required. Visibility will be
no problem for much the same reasons we developed regarding the setback
on the south end of the other building. The driveway is still long enough
to provide complete visibility of vehicles in the driveway and on the road
and it is removed from the intersection a distance of several times that
required by the zoning ordinance.
A safety feature relating to these setback questions relates to the clientele
and purpose of this development which we have discussed at length. Unlike
many other commercial developments, this one does not and will not rely on
driveby traffic. Because the development will be an explicit trip goal
rather than a secondary stop, there will be little need for advertising
styles that might otherwise distract drivers along this thoroughfare.
Secondly, because this facility will be used primarily by the employees
in the area the clientele will be familiar with the site. In other words,
there will not be the searching for entrances and exits that frequently
causes congestion around some commercial centers.
The third deviation from the underlying zone is that the norther etback
are less than required. Specifically, the northeast building is set .a ck
10' while the building on the northwest corner is set back 16' . They should C
be discussed separately. k
As we understand the primary the primary concerns of side or rear yard set-
backs as aesthetic quality and the provision of light and air. As shown on
the plan the setback strip between the property line and the northeast build-
ing will be landscaped and otherwise maintained in an attractive manner. As
for the issue of adequate light and air, we do not feel them compelling.
The present plans do not envision windows on the north side of this building
so that light and air are not considerations for the residents. We further
foresee the need for pedestrian ways along this side of the building so
that light and air for those outside the building is not a consideration.
Finally we are aviare the required width of access/egress driveways is 30`
while ours are 24'. We point out that the requirement for 30' access/ '
egress drives is premised on the concept of bi-directional flow. Since two
of our driveways will be-uni-directional and the third will be utilized
solely for service this offsets what might otherwise be considered losses of
safety or convenience.
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By way of conclusion we feel that any list of code deviations would be
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incomplete without listing those that are above the code requirements.
1. While the width of the driveways may be slightly under code the
number is far above the code. While the code requires only one driveway
for 1-99 parking spaces we have provided three. Moreover our driveways
will be 100% surfaced rather than the required 80% and they will be pro-
vided with curbs and landscaping though neither are required.
2. While the setbacks for the commercial uses are less than code
requirements our setback for the use that is per se industrial , the ware-
house, is 52' rather than the required 20'.
3. Although there are no specific requirements for landseaping in either
the commercial M-3 or P-D zones we have volunteered to landscape 21%.
Moreover we are landscaping the side yards as well as the front yards although
this is not required in any of these zones.
4. While the allowable building height is three stories, no structure
will be more than one.
5. The code makes no explicit recommendations about allowable lot
coverage we are developing less than one-third with the remainder open
space with attractive landscaping.
The most important consideration is the replacement of a hazardous,
economically inefficient intersection with an innovative development, both
aesthetically and financially attractive to the co� �unity. This assertion
can be borne out by simple observation of the situation around Connie's
Grocery at quitting. The cars can frequently be seen parked two and three
deep on both sides of the road and must shoot into the intersection almost
blind. Further, there are no pedestrian ways nor aesthetic considerations
provided by the present uses. This.situation should be compared to the
proposed design and artist's concepion.
Financial attractiveness can be seen easily enough by comparing the'present
value of the property with the future value of a development such as the one
we are proposing.
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ADDENDUM
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We should like to submit, at this time, the following evidence of the
applicant's compliance with the conditions of approval outlined in the
letter of October 21 , 1976 to the applicant, George Killian, from
Richard Daniels, Associate Planner.
1 . "The site be annexed to and served by the Tigard Water District."
Enclosed you will find a copy of the application by Mr. Killian to the .
Portland `Metropolitan Area Local Government Boundary Commission
requesting annexation to the Tigard Water District.
2. "Land necessary to provide a 40' from center right-of-way be
dedicated to the City for S.W. 72nd Avenue and Upper Boones Ferry Road."
This dedication strip is shown on the site plan which has been submitted
for General Plan and Program approval , Mr: Killian's office is also "
.processing the "Street Dedication" form as of this date.
3. "'Ar aareement to participate in the improvement of S.W. 72nd Avenue.
be filed with the City Recorder."
As of this date Mr. Killian's office is processing the "Consent Covenant - ,
Street Improvements" form. Both this form and the "Street Dedication"
form may be expected to arrive at your office within the next few days.,
the of` g be limited to those warehouse buildin
4. The uses allowed in office/warehouse .,
not requing large truck deliveries."
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5. "Any access onto S.W. Durham Road (realigned) be approved by the
Planning Commission."
Mr. Killian has expressed his willingness to cooperate in this matter to
the maximum feasible extent. It should be noted that, at this time, both
the date of the reallignment process and the exact route it will take have
not been specified. In any event, the access to the street must always be
a-proved by the Planning Commission, t a
. 6. "The applicant secure -a statement from the Washington County Director
of Public Works stating that the building locations will not conflict with
the Durham Road realignment."
As we have stated, Mr. Killian has expressed his willingness to cooperate
in this matter if and when it should arise. Until that time, Richard
Daniels has agreed to assume responsibility for maintaining contact with
the County Public Works Department to ensure that any potential conflicts
can be resolved in advance of the start of construction-.:
EXHIBIT "C"
PARCEL I ;
A part of Lots 38 & 39, FANNO CREEK ACRE TRACTS, A plat of record
situated in S.E. 1/4of Section 12, and N.E. 1/4 Section 13, T 2S,
R 1W, W.M. , Washington County, Oregon, being more particularly
described as follows;
Beginning at the northeast corner of said Lot 39; thence S 00 02'
30" E along the east line of said Lot 39 a distance of 20.00 ft. ;
thence S 890 45' 40" W parallel with the north line of said Lot 39
a distance of 170.00 ft. to the true point of beginning of the tract
herein to be described; thence S 00 14' 20" E at right angles to the
north line of said Lot 39 a distance of 202.00 ft. ; thence S 470 38'
20" W a distance of 85.67 ft. to a point in the northerly boundary
of that tract of land described in deed to Watt Petroleum Welding &
Supply, Inc. Recorded May 19, 19x6 in Book 1086, Page 48, records
of Washington County; thence N 42 21 ' 40" W along said northerly
boundary a distance of 83.15 ft. to an angle point therein; thence
5. 890 45' 40" W along said northerly boundary a distance of 57.84 ft.
to the most northerly northwest corner of said Watt Petroleum Weld-
ing & Supply Inc. tract; thence N 00 03' 15" W along the west line
of said Lot 39 a dis�ance of 217.79 ft. to the northwest corner
thereof; thence N 89 45' 40" E along the north line of said Lot 39
a distance of 146.51 ft. to a point 200.00 ft. westerly of the north-
east corner thereof; thence S 00 02' 30" E parallel with the east
line of said Lot 39 a distance of 20.00 ft. ; thence N 890 45' 40" E
parallel with the north line of said Lot 39 a distance of 30.00 ft.
to the true point of beginning.
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EXHIBIT "C"
A part of Lots 38 & 39, FANNO CREEK ACRE TRACTS, a plat of record
situated in S.E. 1/4 Section 12, and N.E. 1/4 Section 13, T 2S, R
IW, W.M. , Washington County, Oregon, being more particularly de-
scribed as follows;
Beginning at the northeast corner of said Lot 39; thence S 00 02'
30" E along the east line of said Lot 39 a distance of 20.00 ft .
to the truepointof beginning of the tract herein to be described;
thence S 89 451 40 W parallel with the northerly line of said
Lot 39 a distance of 170.00 ft . ; thence S 00 14' 20" E at right
angles to the north line of said Lot 39 a distance of 202.00 ft. ;
thence S 470 38' 20" W a distance of 85.67 ft. to a point in they
northerly boundary of that tract of land described in deed to
Watt Petroleum Welding & Supply, Inc. Recorded May 19, 1976 in
Book 1086, Page 48, records of Washington County; thence S 420
21 ' 40" .E along the northerly boundary of said Watt Petroleum
Welding &Supply, Inc. a distance of 120.00 ft. to a point in the
westerly line of S.W. Upper Boones Ferry Road. ; thence N 490 01 '
E along said westerly line a distance of 201 .03 ft. to a point in
the east line of said Lot 39; thence N 00 02' 30"W along said east
dine a distance of 217.26 ft . to the true point of beginning.
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