Ordinance No. 79-38 CITY OF TIGARD, OREGON
ORDINANCE NO. 79-3-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MR. WAY W. LEE
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE
DISTRICT FOR A TRACT OF LAND AT SOUTHWEST 69TH AVENUE AND DEPICTED ON WASHINGTON
COUNTY TAX MAP 1S1 36AD, TAX LOT 6502 (SOUTHERN PORTION) , FROM THE CITY OF TIGARD
"R-7" TO CITY OF :.'IGARD "C-3 .PD" GENERAL COMMERCIAL PLANNED DEVELOPMENT AND
ADOPTING EXHIBITS "A"", "B", & "C", 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 City of Tigard "R-7" and further findings 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
April 3, 1979, and all interested persons were there and then afforded an
opportunity to be heard, and thereafter the Planning Commission filed its report
and recommended approval with the City Recorder, a copy therefore hereto attached
and by reference made a part hereof, the Council adopts the following substantive
finding:
A. The project is in keeping with the intent and Policies of NPO #4 Plan.
SECTION 2: TIiEREFORE, pursuant to the requirements of Chapter 18.88 of Tigard
i 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
"All for General Commercial Planncd ^De
,.�v2lupment (C-3PD) use is hereby approved
subject to the provisions of Chapter 18.28 (General Commercial Zone) of the
Tigard Municipal Code as 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 applicant provide a soil analysis test by an independent
company to identify any problems, and possible solutions,
findings to be reported to the City Engineer and Building
Department for approval prior to issuance of permits.
2. That cc ,,;«:ruction and drainage plans be submitted and approved
by the i.ty Engineer and Building Departments prior to
issuance of permits.
3. That the site drainage system be subsurface (or other method
as requested by the Building Official) to the approval of the
Building Department prior to final- building inspection.`
4. Lighting shall be provided on site to the satisfaction of the
Building Department.
ORDINANCE NO. 79-4y2
ZC 1-79
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5. Access from 69th onto the site will be the same as the existing
access on the Plankhouse parking area(or as otherwise required
to the satisfaction of the Engineering and Building Departments) .
6. No final building inspection approval will be given until a
traffic light is installed and operating at the intersection of
69th and 99W Highway to the approval of Oregon Department of
Transportation.
7. That applicant submit a bond agreement covering complete public
works improvement on all portions of public right-of-way to
include full street improvement- (to collector street commercial
standards) on 69th extension to subject projects prior to issuance
of any city permits.
8. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and
changes are approved by that department. Application for changes
will be made in writing and shall include applicable drawings,
engineering specifications and other details requested by the
department. No construction shall take place in these instances
until after the changes have been approved. Any deviation from
this condition will result in the immediate posting of a stop work
order on the project or any portion of the project. g
9. That during the site design review phase, the Fixe Marshall be
asked to reconfirm that access by fire ealUipm.nt will be adequate.
10. A paved easement be provided to the property line abutting Hi-Hat
property (south) and this easement and grade be approved by
Engineering Department of the City of Tigard.
SECTION 3 This ordinance shall be effective on and after the 31st day after its
passage by the Council and approval of the Mayor.
PASSED: By {�yiav��ty,�kS vote of all Council members present this /yam`
day of /4 , 1979, after being read two times by number and
title only. �
Recorder - City of Tiga I;
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`,. APPROVER: By the Mayor this I-q day of 1979.
'Z-z
r'
Mayor"tyv igard
a;
PACE '2 4
ORDINANCE No. 79-,3
2:C 1-79 ".
EXHIBIT "A"
Order No. 337240
That part of Lot 1 , WAY LEE, Washington County, Oregon,
described as follows:
Beginning at an iron pipe located at the Southwest corner of
said lot; thence North 001 42' 09" ,gest 659 .31 feet to a point;
thence North 890 58 ' 55"East, 330 feet, more or less, to an
iron pipe on the Easterly line of said lot which bears North 00°
40 ' West 658.08 feet from the Southeast corner of said Lot l;
thence South 000 40 ' East 658.08 feet to an iron pipe; thence
North 890 58 ' 55" East 330.16 feet along the Southerly line of
said lot to the point of beginning .
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STAFF REPORT r
AGENDA 5.2
R TIGARD PLANNING COLIVISSION
Peril 3, 1979 - 7:30 P.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change 1-79 (Commercial Planned Development)
(Ref, : ZC17-78)
Applicant: Way W. Lee Owner: Same as applicant
5210 S.E. 26th street
Portland, Oregon 97202
Application Date: June 20, 1978 - Preliminary Plan and Program
Aarch 7, 1979 - General Plan and Program
Site Location: Southeast 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6502
(souther! portion) .
Request: For a general plan and program review of a general commercial planned
development and a zone map amendment from City of Tigard R-7 to City
of Tigard C-3 PD zone an a 5 acre parcel.
Previous Action:
The applicant requested a zone change from R-7 to C-3 on October 3, 1978
before the Planning Commission. The request was denied. The applicant
appealed the decision of the Planning Commission to the City Council.
On November 27, 1978, the City Council moved to remand the application
back to the Planning Commission as a Planned Development. On January
23, 1979, the Planning Commission approved the applicant's preliminary
plan and program. The applicant is now prarared to present the general
plan and program before the Planning Commission.
I. Findings of Fact:
1. The five acre parcel is presently zoned R-7 "Single Family Residential".
2. The NPO #4 Plan designees this area to be "Office Park" with permitted
uses to include professional/commercial office use.
3. Applicable policies from the NPO #4 Plan are:
"Lot size": - Policy 25
"Traffic concern-s-, E ol:i c;( 17 and 18
"Supportive facilities": - Policy 21
4. At the preliminary plan and program review, the following
conditions were required of the applicant prior to the general plan.
and program hearing:
1. That the ten conditions stated in the findings of fact be complied-
with as required (see attached January 23, 1979 staff repo=-t).
2, That the landscape l - n w th vc enation surve , _
�- p- ^� y Y b narrative and
illustration be completed prior to general plan and program r
review.
AT�� ,.
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STAFF REPOP.T l
AGENDA 5.2
TIGARD PLA.'VNING CO1ct1ISSION -
April 3, 1979 - 7:30 P.M. }
Page 2
i
3. That the applicant provide at least two accesses to the propertyIf
prior to the issuance of building permits.
4. That the staff be directed to work with the Hi Hat Restaurant and
the applicant to assure alleviation of any adverse effects
occasioned by the development of the applicant's property upon
access to the Pacific Highway from the restaurant, prior to f
General Plan review.
S. The applicant has met where possible, the conditions as required. f
Some of the conditions will be finalized through the continuing
approval process when applicant obtains various City permits.
6. The staff was directed to work with the applicant and the owner of"Hi
Hat Restaurant to alleviate any adverse effects the development may cause
on the access to Pacific Highway from the restaurant. The staff did .
research the potential problem and worked with the two parties. It has
been found that no adverse conditions will be created or extended due
to the proposed project adjacent to the restaurant. The applicant and
Hi Hat owner were no" able to negotiate any mutual access agreement and
staff was unable to force a resolve of differences between the two
parties. F'
II. Conclusionary Findings: ''
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1. The apllicant has furnished grading, drainage, landscape, building [
and site plans showing the additional conditions in narrative or
illustrative form as required by the Planning Commission, City
Council and Planning Staff.
2. The project is in keeping with the intent and Policies of NPO $4 Plan. E
f:
III. Staff Recommendations:
Staff recommends approval of the general plan and program as submitted
subject to the following conditions:
1. That applicant provide a soil analysis test by an independent company
to identify any problems, and possible solutions, findings to be repol:ted
to the City Engineer and Building Department for approval prior to
issuance of permits.
2. That construction and drainage plans be submitted and approved by the
City Engineer and Building Departments prior to issuance of permits_
3. That the site drainage system be subsurface (or other method as
requested by the Building Official) to the approval of the Building
Department prior to final building inspection.
4. Lighting shall be provided on site to the satisfaction of the Building
Department.
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STAFF REPORT �.
AGENDA 5.2 ,, l
TIGARD PLANNI&G COMMISSION
April 3, 1979 7:30 P.M.
Page 3
5. Access from 69th onto the site will be the same as the existing
access on the Plankhouse parking area (or as otherwise required
to the satisfaction of the Engineering and Building Departments) .
6. No final building inspection approval will be given until a traffic
light is installed and operating at the intersection of 69th and
99w Highway to the approval of Oregon Department of Transportation.
7. That applicant submit a bond agreement covering complete public
works improvement on all portions of public right-of-way to include
full .street improvement (to collector street commercial standards)
on 69th extension to subject projects prior to issuance of any city
permits.
8. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall includo applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in theca instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
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Report prepared by: Ken Selby Reviewed by: Howard
Associate City Planner P ng Director
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A
STAFF REPORT
ACENDa 5.4
TIGARD PLANNING C0:•C•tISSION
'( January 23, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 1-79
(Ref. : ZC 17-78 w Way W. Lee)
Applicant: Way W. Lee
Owner: Way W. Lee
Location: Southwest 69th Avenue (Wash. Co. Tax Map 1S1 36AD, Tax Lot 6502,
southern portion).
Request: For a preliminary plan and program review of a general commercial planied
development, and a zone map amendment from City of Tigard R-7 "Single
Family Residential" to City of Tigara C-3PD zone for a 5 acre parcel.
1. Findings of Fact:
1. The five acre parcel is presently zoned R-7 "Single Family Residential"
zone.
2. The NPO 44 Plan designates this area to be "Office Park", with permitted
uses to include professional/commercial office use.
3. At a public hearing on October 3, 1978, the Planning Commissions, decision
to deny the zone change request as presented was based on the motion by
Commissioner Wood who stated, "...... applicant shall resubmit in place of
"plan" make a planned unit development from the requested zone it will
mitigate concerns." This statement was taken from the transcript of this
meeting.
4. to November 27, 1978, the City Council approved the following action in
response to an appeal by Air. Way 47. Lee of the action taken by the
Planning Commission:
Motion to remand back to Planning Commission as a Planned Development with
ten (10) amended conditions approved by unanimous vote of Council.
5. The ten (10) amended conditions are as follows:
1. That applicant provide a soil analysis test by an independent company
to identify any problems, and possible solutions to be reported to the
City Engineer and Building Department for approval prior to issuance
of permits. -
Z. That construction and drainage plans be submitted and approved by tP,e
City Engineer and Building Departments prior to issuance of. permits,
3. That the site drainage system be subsurface (or other method as
' requested by the Building Official) to the approval of the Building
Department prior to final building inspection.
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STAFF REPORT
AGENOA 5.4
TIGARD PLANNItiG CO.LMISSION
*� January 23, 1979 - 7;30 P.M.
Page 2
4. That a significant vegetation survey be submitted to the City
Community Design Planner for conditions to require landscaping
approval prior to issuance of building permits.
S. Should an ingress/egress be provided between the subject site and the
Hi Hat Restaurant, a joint use agreement must be signed by both
property owners prior to final building inspection.
6. Lighting shall be provided on site to the satisfaction of the Building
Department. Especially in regards to the vehicle access between, the
Iii Hat Restaurant and the subject site, if such an access as i.ndicaterl
in Condition #5 exists.
7. Access from 69th onto the site will be the same as the existing access
on the Plankhouse parking area (or as otherwise required to the
satisfaction of the Engineering and Building Departments).
S. No final building inspection approval will be given until a traffic
light is installed and operating at the intersection of 69th and
99W Highway to the approval of Oregon Department of Transportation.
9. All on site vehicle passageway shall be no less than 50 feet radius.
10. That applicant subnit a band agreement covering complete public work
improvement on all portions of public right-of--way to include full
street improvement (to collector street commercial standards) on 69th
extension to subject projects prior to issuance of any city permits.
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6. The staff has worked with the applicant in .preparing the necessary f
preliminary plan and program, with the incorporation of some of the ten
conditions to comply with the Planning Commission, City Council and
the Tigard Municipal Code Book, Section 18.56.
7. The surrounding land uses are restaurants to the north, a restaurant
to the west, O.E.S. offices to the south, and single family units
bordering the east side of the parcel.
S. The site has 12-253 slope :roving frm- west to east. There is an excess
of 25% slope located on the eastern sine of the property.
9. There exists some large mixture of evergreen trees along the southern
and northern portion of the property. " M
10. The site is served by an 8 inch pressure sewer line provided by U.S.A.
and an .8 inch water line from the Metzger Water District.
11. The proposed development will have access from the continuation of 69th i
which presently has a 60 foot right-of-way to the subject site.
12. Sixty-ninth feeds onto 99W which is presently being studied by Oregon '
Department of Transportation for improvements to enhance traffic flow and
safety. improvements are tentatively scheduled to be financed and installed
in approximately two years or by the end of 1980.
STAFF REPORT l
AGENDA 5.4 t
TIG,1RD PL-MINING CO'KNISSION
January 23, 1979 - 7:30 P.M.
Page 3
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13. The applicant proposes to build three office buildings. The building
to the south will be three stories with 29,400 square feet; the building
in the middle is two stories, 19,600 square feet and the northern building
is two story, 19,000 square feet.
21. Conclusionary Findings:
1. The Oregon Department of Transportation (ODOT) has identified the
intersection of 69th & 99w as warranting a signal light.
2. The District Highway Engineer has stated that the proposed development will
generate approximately 568-1,420 average daily traffic (ADT), pending on
the type of office use.
3. This additional growth in traffic with the existing restaurant traffic
coming off 99W onto 69th will increase the need for a traffic signal at
the corner of 69th and 99w.
4. The Oregon Department of Transportation further stated that the traffic
approaching from the north to south along 99w has an existing traffic
hazard of horizontal visibility to traffic turning onto 69th. Therefore,
caution should be considered in continuing to -intensify.,_ development in
this .area prior to proper traffic management improvements.
S. The location and size of the proposed buildings will intensify the existing
topography that will require excessive grading.
6. The site has poor drainage capability that can be resolved with proper
drainage development.
? 7.. The applicant has furnished grading, drainage, building and site plans
showing the additional conditions in narrative or illustrative form
as required by the Planning Commission, City Council and Planning Staff.
IIT_. Staff FAcommendations:
Staff recommends approval of the applicants preliminary plaxi end program
.review subject to the following conditions:
1. That the ten conditions stated in the findings of fact be complied with
as required.
2. That the landscape plan with vegetation survey narrative and illustration
be completed prior to general plan and program review.
3. Under Findings of Fact 5(5) should be amended to read:
That an ingress/egress be provided between the subject site and the. HI
Hat Restaurant by a joint use agreement, which must be signed by both
property owners to of building permits_
StafE report prepared by: Ken Selby
Associate City Planner
January 18, 1979
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1 r:\PZJ� 30
6502 VICINITY mAP ZONE CHANGE
_4. 'a.- 1`79 (Way W. Lee Planned
Development)
Tax Map 1S1 36AD, Tax Lot 6502,
1 southern portion.
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