Ordinance No. 78-55 CITY OF TIGARD, OREG011
ORDINANCE No. 78a
" CAT ON BY REMBOLD-B I SHOP
AN ORDINANCE ADOPTING FINDINGS WITH
RESPECT TO :.i: ��P-"FLI. -I
' PERTIES FOR AN AFIENbMENT TO m_HE 1070 ZONING MAP OF THE CITY OF TIGARD,
PRO
fnA 'i'R.&CT OF LAND DEPICTED ON WASHINGTON COUNT`S
CHANGING THE ZONELIJ DISTRICT
1 vir ;T �, Z
TAX MAP 2S1 2CB, TAX LOT 1800; 2S1 2CC, TAX'LOT 700; 2S1 3DA, TAX 10T
=s
RCIAL-
FROM "C-3" RETAIL COMMERCIAL-PROFESSIONAL TO " " RANTING
RETAIL CGR�ANTING THEOFESSIONAL
PLANNED DEVELOPMENT AND ADOPTING EXHIBITS A , B , & C ,
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 "C-3" Retail Commercial-Professional
and further finding that pursuant to prescribed procedures the above-stated
application for a zoning map amendment was heard in public hearing held by
the Tigard Planning Commission on August 15, 1978, and all interested persons
were there and then afforded an opportunity to be heard, and thereafter the
and recommended approval with
Planning Commission filed its report the City
(' Recorder, a copy therefore hereto attached and by reference made a part
hereof, the Council adopts the following substantive findings:
1. That the application is in conformance with the land use
designation and policies of the NPO #3 Plan, and g
2. That the proposed zoning is compatible with the surrounding
land uses.
Section 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of
Tigard,Municipal Code, the applicant's request for an amendment F
of the Tigard Zoning Map of 1970 to zone those lands described in the attached
r
Exhibit "A', for Planned Development Retail Commercial-Professional (C-3) use is r
hereby approved, subject to the providions..�l of Chapter 18.2$ (General Commercial
Zone) of the Tigard Municipal Code so embodied in or exhibited by the documents
submitted and identified as follows:
EXHIBIT "A": - Legal Description
EXHIBIT'"B": Staff Report
EXHIBIT "C":' - Site Plan
And further subject to the following conditions:
1. That a storm water detention plan be submitted for both
Oregon State Highway Division and Public Works Department
approvals.
2. That an agreement be obtained from the Oregon State Highway
Division accepting the storm water outfall within their system.
g. That an indirect source permit be issued by the Department of
Environmental Quality prior to final zone change approval.
4. That a standard concrete sidewalk be installed along Pacific
p Highway according to code.
5. That a half street improvement be made on S.W. Park Street.
b. That Ciie se*aer c:ill be ?xtended at the developer 's expense
to serve his proposed commercial buildings and the pruposed '
duplexes to be constructed on S.W. Park Street.
G
7. That the area designated as Phase 4 be landscaped and t
t
maintained until such time as Phase 4 is constructed. k
A landscape ;flan must be submitted to site design review � I
for approval prior to installation in the area designated k ! f
as Phase 4.
8. That the entire project be subject to site design review
prior to issuance of a building permit.
paled on the ;site plan
9. That types of uses for buildings -desi_g
i.e., retail, housing, commercial office, restaurant, etc.
not change unless in strict conformance with NPO #3 Plan.
10. That plans be approved by the Tualatin Rural Fire Protection
District for emergency access.
11. That Phase 4 be limited to 'commercial-professional useas that
term is defined in NPO #3 Plan as of September 25, 1978,
Section 3: This ordinance shall be effective on and after the 31st day
after its passage by the Council and approval of the Mayor. e
i
ll
PASSED: By- w„��;�act 5 vote of all Council members present
thin -7h day of -7Qm�er _a 1978, after being ;
read two times by number nd title only.
l/Recorder - pro-tem
i
APPROVED: By the MZyor, this $ ay of : 1978.
{
Mayor E
IF
r- 4
ZC 1-78
PAGE 2
8-SSNORDINANCE No. 78--SS-
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:I
STAFF REPOk1'
AGENDA 5. 1
`rIGARD PLANNING COMMISSION
August 15, 1978
Fowler Junior High - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: zone Change ZC 1-78
Requests For a zone map amendment from C-3 to -3 Planned
, . Development on a 7.8 acre parcel.
Location: Southwest of S.W. Park & S.W. Watkins Street
(Wash. Co. Tax Maps 2S1 2CB, Tax Lot 1800; 2S1
2CC, Tax Lot 700; 2S1 3DA, Tax Lot 4700) .
Applicant: Rembold-Bishop Properties
I. Findings of Fact:
1. This applicantion represents a resubmission of a request
tabled by the Planning Commission on May 16, 1978. The
request was tabled in order to allow the applicant to
pursue comprephensive plan changes. The applicant has
since decided to revise the site development plan and
reapply for a zone change instead of a comprehensive
plan amendment.
2. The revised plan is in compliance with the community
design plan NPO #3,
3. Of the total commercial space 66 .6% will be commercial-
professional space and 13-.4o will be retail-commercial
space. 10
f,o iG
4. The retail-coFnmercial(space has been reduced from
56,900 square feet to 7—,7+6 square feet and the
commercial-professional space has been increased from
36,830 square feet to 44-rB49 square feet.
it. $96
5. A fourth phase has been added to the development which
originally contained 40,000 square feet of commercial-
retail space. Approximately -3,000 square feet of that
has-been redesignated as office space. The remaining
space footage will be developed at a later date.
6. The comprehensive plan calls for commercial-professional
development with ancillary and supportive commercial
uses. The applicants ' revised proposal has a high
percentage of commercial-professional space in keeping
with the NPC? #3 Plan.
7. In NPO #3 the area from `Walnut Street to School Street
is planned for highway oriented commercial development
the remaining length of Pacific Highway retail commercial
uses are designated to be located at signalized inter-
sections,;and commercial professional. (non-retial) uses
are planned to front the highway between these
in locations.
r
STAFF REPORT
AGENDA 5.1
TIGARD PLANNING COMMISSION
August 15, 1978
Pa(,o h ._
8. The applicant hua 0ii0riri a ph-azed -development pr it a in
keeping with the requirement of a planned developmentism
zone.
9. The .parcel is surrounded by single family zones to the I
north and west; to the south and southeast and across
Pacific Highway are several large undeveloped parcels
and conunercial buildings.
10. For an assessment of the traffic impact of this or
alternative development schemes, see Carl Buttke`s
report which was commissioned by the applicants.
11. A traffic signal is planned for the northerly access to
the development. The proposed signal fits into the
TSM (Transportation Systems Management) Paln and will be
paid for by the developer.
II. Conclusionary Findings:
1. The proposed development conforms to the land use
designation and policies of the NPO #3 Plan.
2. The proposed signal is not warranted at this time
and will be reviewed again at said time that Phase 4
is completed and more knowledge on the future develop-
ment across Pacific Highway is available.
III. Staff Recommendations:
1. That a stout water detention plan be submitted for
both Oregon State Highway Division and Public Works
Department approvals.
2. Than an agreement be obtained from the Oregon State
Highway Division accepting the storm water outfall
within their system.
3. That an indirect source permit be issued by the Department
of Environmental Quality prior to final zone change
approval. f
4. That a standard concrete sidewalk be installed along
Pacific Highway according to code.
" i
5." That a half street improvement be made on S.W. Park
e
6. That the sewer will be extended t the developers-
4o M1 • 3 Co+an.aYe� L
expense . serve e--a�P I —$t res�e l
and the proposed duplexeso , et. eeowrrrpen+.l•ft S:W. l'
- i
STAFF REPORT
AGENDA 5. 1
TIGARD VLA"dNTNC Co.kU4ISSION
August 15, 1978
Page 3
7. That the area designated as Phase 4 be landscaped
and maintained until such time as Phase 4 is
structcd. A landscape plan must be submitted to
site design review for approval prior to installation
in the area designated as Phase 4.
8. That the entire project be subject to site design _
review prior to issuance of a building permit.
9. That types of uses for buildings designated on the
site plan i.e. , retail, housing, commercial office,
1 restaurant, etc. not change unless in strict
conformance with NPO #3 Plan.
!O. T�n� pLa.ns !�! aPPraucel by 7Fc Tt�aQatK fZ.avaL FYi
<` 41Srrat dor &..,mr-yas.e-y cruris.
It- -T kA.,- tP k&4.e. 4 c-0'"'"L9rc t ed- yf'W
nuu-VINDU i TO
Sii�rr FcEry&T
AGENDA 5.1
TIGARD PLANNING COMMISSION
August 15, 1978
III. Staff Recommendation:
Adding a tenth recommendation
10. That plans be approved by the Tualatin Rural Eire
aDIstri-ct for emergency access•
4
54
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r Junior
St . Ti.-avd, O-e-on
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The mt;etin, w<<7 cane- to orcler at 7:40 P.M. �
2 . Roll C ll
PresenC : Speaker, Rossman. Corliss, Smith, Tepedieo
Absenc : Wood, Quimby, Brian
Sta. f : Weaver, 5fa!:kerczie
3 . Approval of Minutes:
Passed until next public meeting.
4 . Communications:
None
F
a
5 . Public Hearings :
5.l 7:0'dE CHANGE ZC 1-78 (Rembold-Bishol.)) :'PO =3
A rectuest by Rembold-Bi shop Properties for a retail/
commercial-professional from C-3 to C-3 Planned Develop-
ment on a 7.8 acre parcel at Southwest Park & S.W. Watkins
Streets (Wash. Co. Tax .laps 2S1 2CB, Tax Lot 1800; 281
2CC, Tax Lot 700; 2S1 3DA and all of Tax Lot 4700) . i
A. Staff Report :
Read by Weaver
B. Applicant 's Presentation:
J .B. Bishop, 4263 N.E. Hazel Fern Place, Portland,
stated there were residences currently and proposed,
to serve as a buffer for the proposed planned development.
The project:: is to be done in four phases. The restaurant
would be located awe- v from highway traffic flow to be
smooth for exit to and from the highway.
Jo Van Lora, Project Architect commented on the plans.
He stated that the buildings were kept to'a lose profile.
The restaurant Would be central point in the development.
C. Public Testimony:
f;ihianne Sche-ckla, se�c•retary of NPO " ' reads statement
o `." results from NPO m`3 meetlnf; of AUI�USt 3, 1973.
r i
_ t T E 14E
.:r'1Rr' pf.:1NN',tile CO`.Ii-"S iO-� 2
.J -
stalled that
did nr) n ,.,r1 z _. , C• i
re TiISUt'CLGrZ z'i '31 Fire
F fed on _ . layout
�, rk aV .
�.T.auu L ': . „ cmnl l
n sever
t;aC torr i r., radius
for f ~ii -,,rots eras to. ;
::.} engine access.
Sibianne Scheckla stated, that there .vas no need for anotbe.,
restaurant on pacific Highway.
Steve Preese - representative for Pietro's Pizza Parlor
stated Pietrvs was a sit down family type restaurant ,
access vas designed to get people off the highway without
G;3LIsino backup .
l
D. Staff Recommendation:
e� approval subject to the following
.Staff recommended apt 7
Gond tions:
1 . That a storm water detention plan be submitted for
both Oregon State Highway Division and Public Works
Department approvals.
2. That an agreement be obtained from the Oregon State
Highway Division accepting the storm nater outfall
e
within their system.
3. That an indirect source permit be issued by the
,..Department of Environmental Quality prior to final
zone change approval .
I
4. That a standard concrete sidewalk be installed along i
Pacific Highway according to code.
5. That a half street improvement be made on S.W. Park
& S.W. Watkins Street.
F. That the server will be extended at the developers
expense and will serve the abutting residences on
Watkins Street and the proposed duplexes.
7. That the area designated as Phase 4 be landscaped
and maintained until such time as Phase 4 is
constructed. A landscape plan must be submitted to
site design review for approval prior to installation
in the area designated as Phase 4. -
4 $. That the entire project be subject to site design review
prior to issuance of a building permit .
T! `,^r, pc ANNI4G CO'_ "TISSIOV
Pa -ra 3 `
g, That types of uses for buildings designated on the
site plan i.e. , retail , housing , commercial office,
restaurant , Etc.
IL Rebuttal :
I_ . . stated thn.t a planned development is pre-
ual development for that location .
ferable to individ
Bibianne Scheckla stated that NPO "3 members were concerned
te
with the development to Phase 4 and whether the NPO or the
Planning Commission would have any control over its develop-
ment as designated or if it would and up cam+. mer-ciaifretaiL.
E. Commission Discussion:
Smith moves for approval with conditions as stated by
Staff.
Speaker seconded the motion.
Corliss requests an amendment with respect to Phase .4. a`
Dlotion fails.
Speake.e mGve�
fvr a.pprova.l based on staff findings and
ion that Phase 4 be limited
conditions with the provis
to commercial-professional development.
Corliss seconded the motion.
is
Motion carries unanimously.
+ 5.3, VARIANCE V 7-78 (Sabre Construction) NPO #5
A request by Sabre Construction Company for variance to the
side and rear yard setback requirements in a 11-3 "Light
Industrial" zone , located at 14835 S.W. 72nd (Plash. Co. Tax
.lap 2S1 12AD, Tax Lot 2100) .
A. Staff Report:
Read by Weaver.
B. Applicant's Presentation: -
Mr. Phillips for Sabre Construction stated that the
variance would allow for a. better use of the site in
question and the proposed site plan would fit in with
the existing surrounding uses.
THE `
VAN LOM ty
�.RAXBERGER
(NLk'HIP
nGr-t,irG-TC -'�
Ink
PLA NChSA[A. h'
April 26 , 1978
R., ,.th HMIs Professional Bldg
4455 S W Scholls Ferry Road
Portland, Oregon 97225
APPLICATION FOR:
(sos� 292-as95
IPlanned Development District ( P . D. )
LOCATION :
S . W. Park and S . W. Watkins Street, west
side of S . W. Pacific Highway (U .S . Highway
99) , Tigard, Oregon.
TAX LOTS :
1800 (Map 2S1 2CB)
700 (Map 2S1 2CC)
4700 (Map 2S1 3DA) Easterly portion
CURRENT ZONING:
C-3 r
COMPREHENSIVE DESIGN PLAN
DESIGNATION:
' Commercial-Professional
APPLICANT:
J . B . BISHOP/WAYNE REMBOLD
117 S . W. Taylor
Portland, Oregon 97204
ARCHITECT:
The Van Lom/Kraxberger Partnership A. I .A.
4455 S . W. Scholls Ferry Road
Portland, Oregon 97225
The present zoning ( C-3) is not in conformance with the
Comprehensive Design Plan desigriatioo for this irea (Profes-
sional /Cominercidl ) . While the zoning for, the prciperty would
allow for retail use , neighborhood plan 1473 specifies a business/
professional use as being permissible. The Comprehensive Plan ,
which was s^adop_ted in 1975, did not take into account the present
situation with regard to the availability of business profes_-
sional office space already in existance or the need for such
space in the future; nor the availibility of commercial retail
property and the future needs for that use as well . Moreover,
the 1975 comprehensive plan was not consistant with regard to the
two highway retail uses in existance on the highway frontage
adjacent to the same property .
We note that it is doubtful that the needs for business profes-
sional development on d site as large as this property could
be utilized by the community in the foreseeable future.
In relation to public need, a compilation was made of data relat-
ing to available business professional office space in the Tigard
area. This data includes both projects complete and available
at the present time or projects proposed and about to begin con-
struction . Information available indicates that there is an abun-
dance of office space now available in the Tigard area with more
about to be constructed. Information on vacancy rates indicates
that the absorption of this new space will not be rapid . See
enclosed study . Based on this study, it would appear that little
demand will exist for office space for the next five years or more.
Thus , a more realistic planning approach would be to include some
retail activity on this site in addition to the proposed conform-
ing uses .
1
This 7 . 9 acre site as shown is proposed to be divided in the
following manner. Of the total 344,237 sq . ft . , 52 ,450 sq . ft .
is designated for six 8,000+ sq . ft . duplex lots which will have
approximately 2 ,000 sq . ft. per duplex . i
r
boundaries of the site that will screen , with plantings , and site
screening fences , the residential area from the retail or office
activity . In addition, an open ditch now on the site would be
filled and an underground culvert provided . City water and sewer
will be brought to the site thus reducing the cost of these
services to future users at such time they are required to nook up - --
to them. In general , the development will improve public services
to the neighborhood and increase the visual attractiveness of the
area . The occupants of adjacent neighborhoods wi11 have commer-
cial services available within walking distance , thus making their
homes more convenient to shopping and professional needs and
reducing the need for extensive automobile traffic to other areas.
I
At this time only one specific use has been established . A family
sit-down restaurant, Pietro' s Pizza, wishes to locate a 5,d00
sq . ft. restaurant on the southernmost portion of this site . This
restaurant will require 54 parking spaces for it' s operation .
1 A tentative lease agreement is being developed for a savings and
loan establishment with drive up wir•idow caYabilities to locate on
this site as well . Several officeshave expressed interest in
locating here, although no commitments have been made to date .
1
the entire development will be controlled, designed and built
under one ownership , thus creating a uniformity of intent. How-
ever, the ownership of certain parcels may be relinquished at some
later date depending on the requirements of the occupants .
The operation and maintenance of the proposed development will be
the responsibility of the individual owners with the exception
of the common parking area onsite. Common easements and shared
parking will be the maintenance responsibility of the users jointly.
Public sewer lines will be extended to the property and storm
drains will be constructed to provide adequate waste water and
waste disposal for the development,. Each owner will supply and
maintain their own solid waste facilities .
Un site lighting will be carefully planned to provide ample light-
ing to the site . Cut-off fixtures will be utilized ;where necessary
to illuminate the site without creating glare in adjoining proper-
ties .
Water service is available to the site . Two fire hydrants are
located diung Highway 99 presently. Other water service as
required will be provided by the developer.
Public transportation is currently provided by Tri -Met . The
developers propose to provide a Tri-Met bus stop area adjacent
to the site along Highway 99 upon negotiation and agreement with
Tri-Met and city and state officials .
An improvement in the form of a stop light and intersection cros-
sing at the corner of S . W. Park and Highway 99 has been announced
as part of the Pacific Highway Improvement Project . This improve-
ment will promote accessibility to the subject site as well as
allow the site to meet the stated objectives of the neighborhood _
plan of locating retail activities at signalized intersections ,
We anticipate very little effect on other community facilities .
Fire and police protection is already provided to the neighborhood
for other commercial and business activities . We anticipate that
the proposed developments will not cause substantial increases in
the burden upon these services .
The developers intend to begin construction on the restaurant site
as soon as all approvals are granted. Duplex units will be con-
structed this summer, one 8,000 sq. ft. office building and the
savings and loan establishment will be under construction before
the end of the year. Other buildings will be developed as tenants
are secured.
- 4 -
Ixhibi t "A" OFFICE SPACE SURVEY
A principle contention of the developer's in proposing a
change of the
. comprehensive mithan
au
ffi-
cio.t amount of professional/office spaceexstsorisproposed
a. a-hn demanc3s of
fpr construction In order to rd area validateLthiscpoint, a survey
the community. oiriers, builders and
was undertaken to collect data���n!"the development and
financial institutions inv<�
rental of office space. The dtatLeshows thatsubstantialtheface ,
space market within the Tigard
amount of .available space and there is much more being
contemplated for construction. Speculation office spaces
have taken considerable periods of time to reach full occu-
pancy and thus attractive rental rates are not available
to potential investors contemplating such development.
that not only
The .information comp
is a business/profesSionalledelow officedicates development unfeasible
from an economic standpoint into--the• foreseeable future, but
that a development of the size that would be required to
properly utilize the Subject Site would have a major impact
of adding a substantial amount of additional space to an
already weak market.
Com lex Location Size; Vacancy
Under construc-
Tualatin Devel- Hwy. 99 King City 20,0001 tion Feb. lst.
a opment Corp.
Lincoln Savings Greenburg Rd. 80,000 (I)Now in devel-
220,0001 (II) opment
and Loan
Hwy. 217/I-5 13ac of No tenant
Triangle Park land interest
27,000[ under
Benjamin Franklin Greenburg Rd. construction
Hughes Dental/
Hall Blvd. 14,6471 In final design
11,000 review stage
Medical Bldg. proposed
Village Square SW Pacific Hwy. 28,0001 50% vacant
217 780001 10% vacant
,
Lincolnwood 72nd and Hwy. for 3 yrs.
Center Plaza West Center and Hall 60,000t
50% vacant
Beaverton
Greenwood Garden SW Allen, Beaverton50,000t
15% vacant
Park 211 Business Hwy. 217 and Hall 36;000 Proposed
Construction
Center
5 r
j
While the above survey obviously does not cover all the
business professional office complexes in the greater Tigard
area, it serves to point out that a significant amount of
vacancy does exist in some of the major developments. A
L 3 'F the `vacant spacee has been ava i 7 ah7 e
CUC151.11��al". a amount of
for rent for a longer period than would be found if a bal-
anced demand did exist for of-fice space, While certain _
small users may require office space regularly, the need
for additional office space on a scale that would represent
an efficient and profitable use of the Subject Site is
defini-ely not indicated by the data collected in this
survey.
{
i
Ocull Pollee. i
6 `
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1
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.f• i
-WE
11- M
DESIGN TEAM AND QUALEICATiu„S
Owner/Developers
J . B . Bishop and Wayne Rembold have been
involved in commercial and residential
real estate development with several major
I
projects completed in both Oregon and
Washington .
Architect
t
The Van Lom/Kraxberger Partnership A.I .A.
Architects and Planners y �,
Traffic Study
Mr. Carl Buttke, Engineer
M. A. I . Appraiser
E
Dean Potter, member of American Institute
of Real Estate Appraisers .
Survey-Civil Engineering
fi
Alpha Engineering Inc. '
e
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