Ordinance No. 79-75 CITY OF TIGARD, OREGON
ORDINANCE NO. 79- 7,5'-
AN
3AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MACKENZIE/SAITO AND
ASSOCIATES FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING
THE ZONE DISTRICT FOR A '!RACY OF LAND SOUTH OF SCHOLLS FP.RY ROAD AND DEPICTED ON
WASHINGTON COUNTY TAX MAP 1SI 34AA TAX LOTS 100, 200, 300 & 400 AND TAX MAP ISI
35B, TAX LOT 1700, FROM WASHINGTON COUNTY MA-1 TO CITY OF TIGARD M-4 INDUSTRIAL PARK
AND ADOPTING EXHIBITS "A", "B", & "C" GRANTING THE APPLICATION AND FIXING AN EF-
FECTIVE 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 "MA-1" 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 August 7, 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
findings.
A. That the applicant is in conformance with the zone designation of
NPO #2 Plan, and
B. That the proposed zoning is compatible with the surrounds g
neighborhood.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of 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 Industrial Park (M-4) use is hereby approved subject to' the provisions of
Chapter 18.52 (Industrial Park Zone) to 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 the greenway be dedicated by lease hold to the City with a contractual
agreement to include a five year maintenance program by Koll Business
Center. The dedicated greenway boundary and maintenance program shall
be reviewed and approved by the Public Works Director and City's Legal
Counsel shall draft and approve an agreement for the greenway use prior to
issuance of building permits.
2. That the proposed public road be dedicated to the City with an agreement that
Koll Business Center be responsible for the total installation and maintenance
to collector street standards prior to issuance of building permits. A per-
formance bond shall be posted to insure compliance.
ORDINANCE No. 79
ZC 26-78
a 1
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3. That the access point onto Scholls Ferry Road be aligned where the State
Highway Department indicates.
4. That any right-of-way and improvements along S.W. Scholls Ferry Road
be completed as directed by the State Highway Division prior to issuance
of building permits or that a performance bond be accepted by the City.
5. That the applicant submit a site plan, drainage plan, construction
elevation drawings and landscape plan to the Site Design Planner for
approval prior to issuance of any permits.
6. No Occupancy Permits shall be issued until all conditions have been
satisfied and approved by the Planning Director and final inspections
have been made by the Building Official.
7. No Building Permit will be issued until a sewer facility is available.
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. Applications 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.
9. That the applicants apply for and receive approval of a subdivision
plat for the project indicating the phasing of development.
10. That the number of parking spaces provided shall comply with the
current ordinance.
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: Byuiian onou vote of all Council members present this .2 1`'day of
1979, after being read two times by number and
title only.
Recorder - City , Tigard
APPROVED: By the Mayor this A7day of
ayoxr7- ity of Tigard
ORDINANCE NO. 79-'75
Page 2
ZC 26-78'
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August 7, 1979
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Legal Description for The Koll Company
Tigard Tract
File: 4-1659-7301
Parcel B
A tract of land located in the N.E. 1/4 of Section 34, Township
1 South, Range 1 West, Washington County, Oregon being more
particularly described as follows:
Beginning at a point which bears North 89°52152" West 327.70
feet from the Northeast corner of said Section 34; said point
also being on the Westerly right-of-way of the Southern Pacific
Railroad; thence along said right-of-way North 89052'50" West
26.50 feet; thence South 19015129" East 770.00 feet to the True
Point of Beginning; thence continuing along said right-of-way
South 19015'29" East 1277.46 feet; thence leaving said right-
of-way North 89052' 50" West 340.00 feet; thence North 20°13851"
West 164.26 feet; thence North 74008135" West 267.17 feet;
thence North 25026110" West 454.01 feet; thence North 7025'53
West 231.95 feet; thence North 35027134" West 135.40 feet to a
point on a 60.00 foot radius curve concave to the Northwest;
thence along the arc of said curve 146.93 feet through a central
angle of 140018137" to a point of intersection with a line which
bears South 70144'31" West 475.00 feet -from the True Point of
Beginning; thence leaving said curve North 70044131" East 475.00
feet to the True Point of Beginning, said tract of land
containing 14.05 acres more or less.
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222 SAV. Ilta'ristm,Suite 4/11ortltmd, Olt 07201
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Legal Description for The Koll Company
Tigard Tract
File: 4-1659-7301
West A Parcel
A tract of land located in the N.E. 1/4 of Section 34 and the
S.E. 1/4 of Section 27, Township 1 South, Range 1 West,
Washington County, Oregon and being more particularly described
as follows:
Beginning at a point which bears North 89°52152" West 327.70
feet from the Northeast corner of said Section 34, said point
also being on the Westerly right-of-way of the Southern Pacific
Railroad; thence along said right-of-way North 89052' 50" West
26.50 feet; thence South 19°15'29" East 770.00 feet; thence
leaving said right-of-way South 70°44'31 West 475.00 feet to
a point on a 60.00 foot radius curve concave to the west;
thence Northwesterly 38.82 feet along the arc of said curve
through a central angle of 37104123" to a point of reverse
curvature; thence 31.82 feet along the arc of a 40.00 foot
radius curve to the right and concave to the Northeast through
a central angle of 45134123" to a point of tangency; thence
North 10045129" West 218. 71 feet to a point of curvature;
thence 303.43 feet along the ar^ of a 180.00 foot radius curve
to the left through a central angle of 96°35100" to a point
of reverse curvature; thence 228.21 feet along the arc .of a
170.00 foot radius curve to the right through a central angle
of 7605415111 to a point of tangency; thence North 29049108"
West 275.97 feet to a point of curvature; thence 39.00 feet
- along the arc of a 25.00 foot radius curve to the right through
a central angle of 89°23' 30" to a point of tangency, said
point also being on the Southerly right-of-way of_ S.W. Scholls
Ferry Road (Washington County Road No. 348) ; thence along said
right-of-way North 59°3422" East 220.11 feet; thence North
72042'44" East 20.30 feet; thence North 63011112" East 301,68
feet; thence North 50°19'29" East 207.37 feet; thence North
34021'36" East 1.51.22 feet to the intersection of the Southerly
right-of-way of S.W. Scholls Ferry Road with the Westerly right-
of-way of the Southern Pacific Railroad; thence along said
railroad right-of-way South 19015'35" East 408. 83 feet to the
Point of Beginning, said tract of land containing 15.23 acres
more or less.
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222 S.,1',Ilarrison, Suitu 4/1'urtland,Olt 07201
(501) 327-0455
August 7, 1979
Legal Description for The Kol1 Company
Tigard Tract
File: 4-1659-7301
East A Parcel
A tract of land located in the N.E. 1/4 of Section 34, Township
1 South, Range 1 West, Washington County, Oregon, and being
more particularly described as follows:
Beginning at a point which bears North 89°52'52" West 327.70
feet from the Northeast corner of said Section 34; said point
also being on the Westerly right-of-way of the Southern Pacific
Railroad; thence along said right-of-way North 19015135" West
408.83 feet to the intersection of said railroad right-of-way
with the Southerly right-of-way of S.W. Scholls Ferry Road
(Washington County Road No. 348) ; thence along said right-of-way
South 34021136" West 151.22 feet; thence South 50019'29" West
207.37 feet; thence South 63011112" West 301.68 feet; thence
South 7204214411 West 20.30 feet; thence South 59°34122" West
634.85 feet to the True Point of Beginning; thence North 59034122"
East 304.73 feet to a point of curvature; thence leaving the
Southerly right-of-way of said S.W. Scholls Ferry Road 39.54
feet along the arc of a 25.00 foot radius curve to the right
and concave to the Southwest through a central angle of 90036130"
to a point of tangency; thence South 29149108"East 275.44 feet
to a point of curvature; thence 29.37 feet along the arc of a
230.00 foot radius curve to the left and concave to the Northwest
through a central angle of 7119101"; thence leaving said curve
South 5 9 34'22" West 173.86 feet; thence North 74049'08" West
223.90 feet;thence North 29049'08" West 1.70.00 feet to the
True Point of Beginning, said tract of Land containing 2.21
acres more or less.
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STAFF REPORT �.
Agenda 5.1
Tigard Planning Commission
August 7, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon _
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Docket: Zone Change ZC 26-78 PD (Mackenzie/Saito & Associates)
Reference: ZC 23-78 & CU 33-78
Applicant: Mackenzie/Saito & Associates Owners: Dir. & Mrs. Robinson
2850 NW 31st Avenue 12000 S.W. Bull Mt. Rd.
Portland, Oregon 97210 Tigard, Oregon 97141
Application Date: May 21, 1979
Site Location: Fronting S.W. Scholls Ferry Road adjacent west of the
Southern Pacific Railroad tracks (Wash. Co. Tax Maps
lSl 34AA, Tax Lots 100, 200, 300 and 400; Tax Map IS1
35B, Tax Lot 1700) .
Request: For a zone map amendment with general plan and program review
from Washington County MA-1 "Limited Manufacturir_g/Production"
District to City of Tigard M-4 "Industrial Park" zone on a 44.46
acre site.
Previous Action: On January 9, 1979, the Planning Commission denied the
applicant's request for a zone map amendment from
County MA-1 to City of Tigard M--4. However, the
Planning Commission approved the subject site as a
planned development district with M-4 zoning subject
to conditions (see attached letter dated January
17, 1979).
I. Findings of Fact:
1. The site is designated "Industrial" on the NPO #2 Plan which
requires land uses as permitted in the M-4 "Industrial Park"
zone, Section 18.52 of the Tigard Municipal Code,
2, The attached staff report dated January 9, 1979 describes the
basic site character, surrounding area, NPO and ordinance
policies and conditions for approval of the request.
3. The applicant is appearing before the Planning Commission at
this time after having met the conditions of the preliminary
plan approval.
4. The applicant's proposal at the general plan level raised the
foliraing concerns:
Private road versuses public road (internal circulation) -
The applicant is requesting creation of a 1100 foot long
cul-de-sac street with a 60 foot right of way. They want
' to dedicate it to the City. This action would =--the
STAFF REPORT „
Agenda 5.1
Tigard Planning Commission
August 7,1979 - 7:30 P.M.
Page 2
developer to construct the project in phases. . The City's
concern is the length of the cul-de-sac, the need for a
public right-of-way in this project and the cost of
mYinten ance.
The applicants have written a tentative sublease agreement for
the Greenway. This action was a requirement of the preliminary
plan approval. The concern of the staff is that the greenway
should be.a dedication to the City with a provision that the
developer maintain the area for a period of five years.
The applicant has submitted with the general plan and program
informations, the data required in describing the affect the
development will have on the floodplain. Attached, are plans,
calculations and a narrative explaining how adequate retention,
mitigating ,ethods and design will eliminate any negative effect
the project will have on the floodplain. The Planning Commission
on June 5, 1979 under "Other Business" agreed to permit #-hP
applicant to continue the project subject to the previous
floodplain ordinance (see attached ordinance).
. The access, improvements and impact the project will have on
S.W. Scholls Ferry Road has been studied and submitted to the
Department of Transportation for approval. The applicant is
required to submit a letter from ODOT indicating compliance.
Since this issue has a broader scope of concern than just this
development; the staff will continue to work with the applicant
and the Highway Department to resolve the issues prior to
issuance of building permits.
li. .Conclusionary Findings:
1. The improvements in the greenway-floodplain area will be parking,
a road and drainage retention.
2. The greenway area must be dedicated to the City (rather than
subleased) with an agreement by Koll Business Center to
maintain the area for a five year period. Staff suggests that
the contract be specific in the legal description of area to
be dedicated, improvement in the area and include the time
line for the maintenance program.
3. The need for the cul-de-sac length and the request to deviate
from the standard length are explained in the attached letter
dated July 24, 1979. If Koll Business Center agrees to maintain
the road, there would appear to be no adverse impact to the
community.
111. Staff Recommendations:
Staff recommends approval of the general plan and program subject to
the following conditions:
o
t STAFF RSPOR to
Agenda 5.1 r
Tigard Planning Commission ---�
August 7; 1979 - 7:30 P.M.
Page 3
1. That the greenway be dedicated to the City with a contractual
agreement to include a five year maintenance program by Koll
Business Center. The dedicated greenway boundary and maintenance
program shall be reviewed and approved by the Public Works
Director prior to issuance of building permits.
2. That the proposed public road be dedicated to the City with an
agreement that Koll Business Centerbe responsible for the total
folt
installation and maintenance to r ° street standards prior to
issuance of building permits. A performance bond could be
posted to insure compliance.
3. That the access point onto Scholls Ferry Road be aligned where
the State Highway Department indicates.
4. That any right of way and improvements along S.W. Scholls Ferry
Road be completed as directed by the State Highway Division
prior to issuance of building permits or that a performance bond
be accepted by the City.
5. That the applicant submit a site plan, drainage plan, construction
elevation drawings and landscape plan to the Site Design PlacuYer
for approval prior to issuance of any permits.
6, No Occupancy Permits shall be issued until all conditions have
been satisfied and approved by the Planning Director and final
inspections have been made by the Building Official.
7, No Building Permit will be issued until a sewer facility is
available.
' B. No changes will be made to approved plans or specifications unless
x formal application is made to the appropriate department and
changes are approved by that department. Applications 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 oL a
stop work order on the project or any portion of the project.
9. That the applicants apply for and receive approval a subdivision
plat for the project indicating the phasing of development.
r0.
peport written by: Ken Selb Reviewed by: *1 :109
ward
Associat ity Planner Director
4
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CITY OF TIGARD
P.O.Box 23397
12420 S.W.Main
Tigard,Oregon 97223
January 17, 1979
Mackenzie/Saito & Associates P.C.
0324 S.W. Abernethy
Portland, Oregon 97201
Attention Mr. Eric T. Saito
Re: ZC 25-78
Gentlemen:
Please be advised that the Tigard Planning Coinmission at their regular
meeting of January 9, 1979, denied your request for a zone change to 11-4
Industrial Park, but that the Planning Commission hereby grants preliminary
plan approval as a Planned Unit Development (M-4 PD). This approval is
subject to the following conditions:
1. That the applicant finance and implement any studies, construction
or dedication of property or funds necessary to comply with the
request of the State for improvements on Scholls Perry Road to
offset the impact the applicant's development may cause. The State
Highway Department shall be responsible in depicting the "fair'
amount evaluation of funds and/or property the applicant will be
required to participate in. The applicant shall meet the require-
ments prior to issuance of building permits.
2. That the applicant appear before the Planning Commission with a
flood plain fill permit application when future building develop-
ment is desirable.
3. That the project development comply with the Environmental Design
and Open Space Plan. The "Greenway" area shall be determined by
the natural drainage and flood Bray terrain. The applicant shall
dedicate to the City that portion of the greenway not approved for
parking and driveway use at time of final plan approval, and sub-,rit
an agreement to maintain the greemaay for a term to be determined by
the City legal staff and applicant.
M1
Mackenzie/Sait, & Assct tes
2C 26-78
January 17, 1979
Page 2
4. That construction and drainage plans must be submitted to the City Engineer
and Building Departments with agreement and bonds as necessary for approval
prior to issuance of permits.
5. That the applicant submit construction plans with timeline schedule to the
local jurisdiction fire department and utility companies for approval prior
to final building inspection.
6. Preliminary plan approval does not constitute any final approval as to the
amount of encroachment, if any, of driveway, parking and buildings in the
flood plain.
7. Any proposed fill in the flood plain shall be offset with equal retention '
in other areas.
Actions of the Planning Commission are final unless notification of appeal to the
City Council is filed with the City Recorder within 20. days of the Planning
Cormiission action.
if we can be of any further assistance, please do not hesitate to contact this
office at 639-4171.
Sincerely,
Ken Selby
Associate City Planner
KS:db
CC: William R. Robinson
Chester L. Robinson
Note: The following acknowledgment must be received by the City of Tigard within
fourteen (14) days of your receipt of this letter. Failure to return this
acknowledgment may result in action by the City of Tigard.
I hereby acknowledge this letter documenting the action of the Tigard Planning
Commission. I have received and read this letter, and I agree to the decision
here documented and to abide by any teams and/or conditions attached.
Signature -- Date
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