Ordinance No. 80-09 �l
CITY OF TIGARD, OREGON
ORDINANCE NO. L� 0371
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY JERRY CUNDARI
rn 1 *; ADE—NaKEE NT To THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE
ZONE DISTRICT FOR A TRACT OF LAND ADJACENT NORTH OF VARNS, SOUTH OF HIGHWAY
217, APPROXIMATELY FOUR HUNDRED (400) FEET EAST OF 72ND AND DEPICTED ON
WASHINGTON COUNTY TAX MAP 2S1 IDA, TAX LOT 800 FROM COUNTY OF WASHINGTON
"RU-4" to CITY OF TIGARD "C-P" COMMERCIAL PROFESSIONAL ZONE 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 lards hereinafter described have been heretofore
and are now classified as County of Washington "RU-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 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 Commercial Professional
Designation of the NPO #5 Plan.
B. That the proposed zoning is compatible with the surrounda.ng neighborhood.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of the
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 Commercial Professional (C-P) use is hereby approved subject
to the provisions of Chapter 18.40 (Commercial 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
a Building Permit.
2. That the owner improve SW Varns to local street standard prior to
issuance of Building Permits to the approval of the Public Works
Director.
l
3. No Occupancy Perrats shall be issued until all conditions placed upon
this dew_lopment by the City of Tigard hate been satisfied antd L-;spections
verifying this have been carried out by the appropriate depart.,ent.
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 applic;-ble drawings.
5. Grading 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 sani1 .1 service shall be installed to this
site prior to the issuance of a Building Permit.
7. A11 existing or proposed utilities shall be placed underground. Street
lighting installations shall be approved by the Public Works Director.
8. !]o Building Permit shall be issued until the eviration of the twenty day
appeal period from the date of approval.
g• 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 passagei by the Council and approval of the Mayor.
PASSED: By es�a�„ca vote of all council members this -.2 q-&- day of
19�, after being read two times by number
and title( only.
Recorder - City of rd
APPROVED: By the Mayor this day of 19_0
Wit----
Mayor - Ci tli of Tigard
f
Page 2
ORDINANCE No. s
ZC 35-79 `-
t..
attachments`_
r: J NGINEERING SHAPIRO & ASSOCIATES
`�JAURVEYING EXHIBIT "A"
LANNING aEcEivEo
DEC 191979
CITY OF TIGMD
Legal Description of Varns Rd . Site 79FSp38
For Cundari Development
A tract of land in the Southeast one-quarter of Section
1, Twp. 2S. , Rng. 1W. , Z;.M. , Washington County, Ore. ,
being also a part of Lot 11, "yarns Acres", a recorded
plat in I..ashingtor. County and more particularly described
as follows ;
Beginning at the Southwest corner of said Lot 11, "yarns
Acres", said point bein j on the North line of S .[•'.Varus
St:, 50' wide; thence N.0045'E. , along the West line of
said Lot 11, 174.26 ' to a point on the southwesterly
riht-of-way line of St. Hwy 217, said point being marked
by a 5/8" iron rod ; thence 5 .61044'48"E. , 73.62 ' to a
point marked by an iron rod with a St. Hwy. cap; thence
,. S .48°41'59"E. , 100.95' to an iron rod with a S t . Hwy. cap;
thence S .38035'39"E. , 85.05' to the intersection of said
St. Hwy. ribht-of-way line and the North line of S.W.
Varns St. ; thence S .89020'33'%7. , alon-7 said Varns St. ,
1}:;5.10' to the point of beginning.
The above parcel contains 20,390 sq. ft. , more or less.
i
17343..:a.ltit. S#CY'LIi9tE BLVD. a
SUITE 221 PORTLAND, OREGON 97221 a 503 297-4803
EXHIBIT "B"
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
December 11, 1979 - 7:30 p.m.
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard
DOCKET: ZONE CHANGE ZC 35-79 (Cundari Development)
APPLICANT: Dar, Jerry Cundari OWNER: Same
222 SW Harrison, Suite GA 8
Portland, Oregon 97201
APPLICATION
DATE: October 22, 1979
SITE
LOCATION: Adjacent north of Varns south of Highway 217, approximately 400 feet
east of 72nd Avenue (Wash. Co. Tax Map 2SI IDA, Tax Lot 800)
REQUEST: For a zone map amendment from Washington County RU-4 "Single Family
Residential" to City of Tigard C-P "Commercial Professional" zone
on a .47 acre parcel.
I. FINDINGS OF FACT:
1. The site is zoned RU-4 and is designated "Commercial Professional" on
the NPO #5 Plan.
2. The applicant is proposing to construct a two story 8,400 square foot
office complex on the site.
3. The following NPO #5 Flan Policies are applicable:
Y
Policies # 17 and #21, pages 13 and 14 "Public Service Improvements
The general intent of commercial use in this area of the Plan is to
allow such uses which will protect the adjoining lower intense uses
from the more intense uses and provide needed professional office space
along the business areas of 72nd Avenue and 217 Highway.
4. There are two buildings on the site. A house in the middle and a
garage with a workshop on the northwest corner. The site slopes gently
from west to east with some significant vegetation along the south,
north property line.
5. The surrounding land uses consist of Highway 217 to the north and east;
the 72nd business center to the south across S14 Varns and the Ascot
Center to the west adjoining the subject site. ;
i
6. Traffic to the subject site shall be setvad from SW Vax-ns off 72nd Avenue.
SW Varns is a city street and is designated as a local street on the
NPO #5 Plan. SW Varns has a right-of-way of 50 feet with approximately
twenty feet of paving and no sidewalks.
7. The nearest sanitary sewer service is off SW Fir Loop south of the subject
site in the 72nd business center conplex.
II. CONCLUSIONARY FINDINGS:
1. The zone amendment request is in keeping with the land use designation
of Lhe Compzeherisi.ve Plan and meets "he int-ent of the NPU #5 Plan.
2_ Street Improvement on SW Varns and sanitary sewer set-vice installation
are the two primary public facility needs to be provided before this
site is buildable.
3. The office complex will conform with the business office services in
the 72nd business center to the south.
III. STAFF RECOMMENDATION:
Staff recommends approval of the zone amendment request subject to compliance of
the following conditions:
1. That owner receive site design review approval prior to issuance of
j a Building Permit.
2. That the owner improve SW Varns to local street standard prior to issuance
of Building Permits to the approval of the Public Works Director.
3._ No Bccuaancy Permits shall be issued until all conditions placed s::cn
this development by tate Cicy of Tigard have been satisfied and inspectiois
verifying this have been ca=ied out by the appropriate department.
•' 4. Na changes pill be made to approved plans or specifications unless formal
° ?1ic®*ion is made to the appropriate City department and changes are
approvad by that department. Application for changes will be made in
writing and shah include applicable drawings.
S. Grading plans on all public right--of-ways shall be submitted and approved
by the Public Works Director prior to cor-,encement of war%
6. public water service and sanitary service shall be installed to this
site prior to the issues-ice of a Building Perri.t.
7. All exist-Ing or proposed utilities shall be placed underground. Street
Lic::rirg 1:ssrallzt.ions, shall be approved by the Public Worcs Director.
£3, °1a Building Permit shall be issued until the eviration of the .ee;ady day
a_peal pe fad from the date of approval.
9• may be bonded prior to issuance of auilding Per,:,its.
Prepared by Ken S Approved by Ald' h hard
Asso a e City Planner Plann q pirector
EXHIBIT "c" !
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