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Ordinance No. 80-08 CITY OF TIGARD, OREGON ORDINANCE NO. D -—LIP AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY JERRY CUNDARI FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT THE NORTH SIDE OF SW HAMPTON BETWEEN sW 66TH AND SW 67TH AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 1AD, TAX MAP 300, 500 AND PART OF 600 FROM COUNTY OF WASHINGTON"RU-4" TO CITY OF TIGARD "C-P" COMMERCIAL PROFESSIONAL AND ADOPTING EXHIBITS "A", "B", AND "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 County of Washington 11RU-4" 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 December 11, 1979, and all interested persons were there and then afforded an opportunity to be heard, and thereafter the Planning Commission filed its repo.-,% 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 thr. applicant is in conformance with the Commercial Professional Designation on the NPO # 4 Plan. B. That the .proposed zoning is compatible with the surrounding 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" City of Tigard I.0-P) Comercial Professional use is hereby approved subject to the provisions of Chapter 18.40 (Cormercial Professional 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 owner receive site design review approval prior to issuance of Building Permit. 2. That Tax Lots 300, 400, 500 and the southern portion of 600 (tax Map 2S1 1AD) be consolidated prior to issuance of.Building Permits or the buildings on the plan must be relocated. u : 3, No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate departm-,nt. 4. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 5. Construction plans on all public right-of-ways shall be submitted and approved by the Public Works Director prior to commencement of work. 6. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. 7. All existing or proposed utilities shall, be placed underground. Street lighting installations shall be approved by the Public Works Director. 8. No Building Permit shall be issued until the expiration of the twenty day appeal period from the date of approval. 9. Improvements may be bonded prior to issuance of Building Permits. 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 vote of all council members present this 2,0 day of 19,Lb, after being read two times by number and title only. C, s Recorder City of Tiga or APPROVED: By the Mavor this Ac day of m.,, , 19490 z, Mayor - el ty of Tigard Y Page ORDINANCE NO. •p ZC 34-79 attachments EXHIBIT "A" SNAPlRO & A55OClA7ES O�GINEERING R��ZA etVED LA- URVEYING DEC 19 1979 79Esr58 December 14, 1979 L :: LANNING CITY 4F tIGARD Description of a tract of land located in the NE �; of Section to Township 2 South, Range 1 West, Willamette Meridian, Washington County State of Cregon, All of Lots 14 through 31 inclusive of Flock 34 "West Portland Heights" a duly recorded plat. o . Beginning at the SW Corner of Lot 19 of said Block 34, being the intersection of the North Line of S.W. Hampton Street with the East line of SW 67th Avenues thence worth along said East Line of SW 67th Avenue 224.82 feet(plat 225. 00') to the NW Corner of Lot 14 of said Block 34, thence N 89057'E 200. 00 feet to the NE Corner of Lot 31 of said Block 34 and a point on the West Line of S.W. 66th Avenue; thence South along said West Line 224.82 feet(plat 225.001 ) to the SE Corner of Lot 26 of said Block 34 and a point on the North Line of SW. Hampton Streett thence S 89957 'W along said North Line 200. 00 feet to the point of beginning. f EXHIBIT "B" STAFF REPORT AGENDA 5.3 TIGARD PLANNING COMMISSION December 11, 1979 - 7:30 P.M. Fowler Junior High - Lecture Room 10865 SW Walnut Street, Tigard DOCKET: ZONE CHANGE ZC 34-79 (Cundari Development) APPLICANT: Mr. Jerry Cundari OWNER: Same 222 SW Harrison, Suite GA 8 Portland, Oregon 97201 APPLICATION DATE: October 19, 1979 SITE LOCATION: North side of SW Hampton between SW 66th and SW 67th (Wash Co. Tax Map 2S1 1AD, Tax Lots 300, 500 and part of 600) REQUEST: For a zone map amendment from Washington County RL•-4 "Single Family Residential" zone to City of Tigard C-P "Commercial Professional" zone on a .80 acre parcel. I. FINDINGS OF FACT: 1. The site is zoned RU-4 and is designated "Commercial Professional" C-P on the NPO # 4 Plan. 2. The zone change request is in compliance with the Comprehensive Plan designation of Commercial Professional. The following policies of NPO #4 are applicable: Policy #25, Page 9 "Xinim.ua Commercial Professional Lot Size" Policy #27, Page 10 "Site Development Requirements" Policy #28, Page 11 "Public Facilities Services Improvements: 3.. The applicant proposes to construct a 21,000 square foot office complex in combination with the 10,000 square foot lot (tax map 2S1 1AD, Tax Lot 400) adjacent west of Tax Lot 300 which brings the total commercial office site to one acre. 4. The subject site has an existing house on the northwest corner of Tax Lot 500 with some significant vegetation throughout the site. The parcel slopes gently from southwest to northeast. There is a wetlands condition on the southwestern corner of the parcel. Therefore, a proper site drainage plan to a public storm sewer will be required prior to .building construction. 5. The surrounding land uses consist of the State Highway 1-5 to the east across SW 66th; the Lamb Weston building to the south across SW Hampton; single family residences to the north and west acrossSW 67th. All of the surrounding parcels are designated "Commercial Professional" on the NPO n 4 Plan. STAFF REPORT ' AGENDA 5.VZC 34-79 TIGARD PLANNING COMMISSION December 11, 1979 Page 2 6. SW Hampton is designa ,,d as a collector street on the NPO #4 Plan. There is presently the required 60 feet of right-of-way with approximately thirty feet of paving and curbs or sidewalks. 7. SW 66th and SW 67th are designated as local streets on the NPO #4 Plan and are presently in substandard condition having no curbs or sidewalks and only thirty feet of paving. All streets are City jurisdiction. a. Sanitary sewer is available to the site off the corner of SW Hampton and SW 66th. Water is presently on site. II. CONCLUSIONARY FINDINGS: 1. The zone change is in conformance with the land use designation in this area and the plan meets the one acre parcel requirement of Policy #25 of the NPO #4 Plan. 2. The wetlands condition on a portion of the site will require proper drainage when construction occurs. 3. Site drainage, landscaping, tree preservation and street improvements shall be mandatory through site design review approval. III. STAFF RECONL.+4E14DATION: Staff recommends approval of the zone change from Washington County RU-4 to City of Tigard C-P subject to the following conditions: 1. That owner receive site design review approval prior to issuance of Building Permit. 2, That Tax Lots 300, 400, 500 and the southern portion of 600 (Tax Map 2S1 LAD) be consolidated prior to issuance of Building Perm"is or the buildings an the plan must be relocated. 3. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 4. No changes will be made to approved plans or specifications unless formal application is made to the appropriate City department and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 5. Construction plans on all public right-of-ways shall be submitted and approved by the P6blic Works Director prior to commencement of work. ` t STAFF REPORT 1 - AGENDA 5.3/ZC 34-79 TIGARD PLANNING COMMISSION December 11, 1979 Page 3 6. Public water service and sanitary service shall be installed to this site prior to the issuance of a Building Permit. 7. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director. 8. No Building Permit shall be issued until the expiration of the twenty day appeal period from the date of approval. 9. Improvements may be bonded prior to issuance of Building Permits, Prepared by Ken iby Approved byBWin5 oward As ate City Planner Director I I ca 1 IAA EXHIBIT "C" 717 ( 60 0 70 O 1001 60 a°, a f goo ° L� 1 111 1600 . oe (C.SNala8g3) Yo+oO +�-- -600 200 oa 1500 n1 N � I! 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F I {{F i f � I 1 v e � o � 0 s e 4. b r MEMORANDUM TO: TIGARD CITY COUNCIL January 28, ZOA 6-79 FROM: Ken Selby DATE: December 12, 1979 SUBJECT: Proposed zone text amendment for Chapter 18.28 "General Commercial" zone. Attached is a draft of the proposed amendment to Section 18.28 of The Tigard Municipal Code. lite amendment adds a conditional use subject to the General Commercial zone. This item was presented to the Planning Commission on December 11, 1979 and the Commission recommends that the City Council adopt the Zone Ordinance Amendment as presented. s E c. is {