Ordinance No. 81-58 t CITY OF TIGARD, OREGON
ORDINANCE NO. 81-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A ZONE
CHANGE TO THE 1975 NPO #2 PLAN MAP OF THE CITY OF TIGARD DECLARING AN
EMERGENCY AND FIRING AN EFFECTIVE DATE. (Portland Chain/Toys "R" Us)
NN NG DEPARTMENT REFERENCE NFORMAT N
Tax Map 1S1 26C, Tax Lot 1802, Project Address 9770 S.W. Scholls Ferry
Road, File Number ZC 16-80, Present zoning designation M-4, Zone changed
to C-3, Applicant PCM Associates.
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1 : Finding that the lands hereinafter described are now classi-
fied as M-4, and further findings that pursuant to procedures,
the above stated application for a zoning map amendment was presented at
a public hearing held by the Tigard Planning Commission on August 5 , 1980.
All interested persons were afforded an opportunity to be heard at this
public hearing. Therefore, the Council adopts the following substantive
findings:
A. That this application is in conformance with the C-3
designation on the adopted NPO #2 Plan Map.
B. That the proposed zoning is compatible with the surround-
ing nei-hborhood as determined by the Tigard Planning
Commission.
SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 Of
the Tigard Municipal Code, this request for a Zone Change
to the NPO #2 Plan Map of the City of Tigard is hereby approved subject
to provisions of Chapter 18.28 of the Tigard Municipal Code as embodied
in adopted Exhibits "A", "B", and "C" attached and made a part of this
Ordinance. The zoning designation of the subject property is hereby
changed to C-3 Commercial.
Exhibit "A Legal Description - Exhibit "B" : Tax Map -
Exhibit "C": Staff Report
And further subject to the following conditions:
1. If more than two (2.) retail outlets are contemplated for this parcel,
the owner of the land shall apply for said use to the Planning Com-
mission for approval. (This condition relates to the entire parcel
including the present structure leased to Portland Chain) .
2. All development shall be subject to Site Design Review.
SECTION 3: Inasmuch as it is necessary to the peace, health, and safety
ORDINANCE No.
-80
SLC 16
_ a<
e in the City` s t
p fore Ding zone change ,
Of the public that the �5 hereby declared to e�ouncil
Cour -
records become effective, an emergency on its passage by
g
and this ordinance sthe hayorbe effective upon
and approval by
of all Council members present
vote read two times
PASSED: By of July, 1981, after being
this �.., �.._..-day
s
by number and title only.
Recorder - City of Bard
> 1981.
` APPROVED: By the May
or this qday of
July,
t Y _ C ty o Tlgar
Mayo
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ORDINANC Ivy. B1-
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,Wers Title Insurance Co!{ ration
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Horne Office-Rich mond,Virbinia
SCHEDULE zorH'd.
EXHIBIT "A"
P AIR CEL 1:
Situate in the Southeast quarter of Section 27, Southwest quarter of Seciton 26,
Forth,sest quarter of Section 35 and the Northeast quarter of Section 34, Township I
South, Range 1 West of the Willamette Meridian, in the County of Washington and State of
Oregon, and bounded on the West by the Southern Pacific Railroad, on the Northwest by
S.W. Scholls Ferry Road, on the North and East by S.W. Cascade Blvd., more particularly
describ-ed as follows:
BEGINNING at an iron rod with JSPd Cap sat on the Easterly right-of-way of the Southern
Pacific Railroad and North 89"5250°-West 22LSO feet elon; the North line of said Section
34, and North 19°15130" West, atang tine Easterly 50 foot right-of-way line of said Railroad
180.52 feet from a stone monument found at'the Northeast corner of said Section 34; and
rwining thence North 19°15130" West, along:sald raRroad right-of-Nay 328.15 feet to an
iron rod with JShi cap set on the Southeasterly spiral curve right-of-way of S.W. Scholls
Ferry Road; thence on said spiral curve (chord bears North 33036'30n East 47.44 feet)
47.44 feet to an iron rod with State highway cep found SFB 42+92.24 P.S. (100) marking
the Southeasterly 100 feet from the center line right-of-tray; Ylience continuing on said
line North 33°33150" East 101.85 feet to an iron rocs with JSM cap set at the intersection
with the South right-of-way of S.W. Cascade Blvd.; thence Worth 89049' East on said
right-of-way 269.95 feet to an iron rod with JS'.J cap set at the beginning of a tangent 100
fo.-)t radius curve; thence Southeasterly on said ctu ve (chord bears South 55059130-1 East
112.39 feet) 119.35 feet to an iron rod with JSM cap set on the Westerly ri,ht-of-way of
S.W. Cascade Blvd. 50 feet from and parallel to the Westerly right-of-way of Highway 217,
as monumented; thence on said parallel right-of-way line, South 210 48' East 87.06 feet to
an iron rod with JSM cap set opposite an iron rod with State Highway cap found at SH
328+00 (130) /JSIM 327+99.48 (130); thence South 19"55125" East 154.31 feet to an iron rod
with JSM cap set; thence South 700 54' West 446.98 feet to the point of beginning.
PARCEL 17:
Situate in the Southeast quarter of Section 27, Southwest quarter of Section 26,
Northwest quarter of Section 35, and the Northeast quarter of Section 34, Towrship I
South, Range 1 West of the Willamette Meridian, in the County of Washington and State of
Oregon, and bounded on the West by the Southern Pacific Railroad, on the Nort.-awest by
S.W. Scholls Ferry Road, on the North and East by S.W. Cascade Blvd., more particularly
described as follows:
BEGINNING at an iron rod with JSM cap set at the intersection of the Easterly right-of-
*,:Ao of the Southern Pacific Railroad and the North line of said Section 34, North
89 52'50" West 221.80 feet from a stone monument found at the Northeast corner of said
Section 34, and running thence North I9°15130" West on the Easterly 50 foot right-of-way
line of said Railroad 180.52 feet to an iron rod with JShi cap set; thence North 700 54' East
446.98 feet to an iron rod with JSM cap set on the Westerly right-of-way of S.W. Cascade:
Blvd., being 50 feet from the Westerly right-of-:say of Highway 217; thence South
continued.,.
File Pio, x'200806
Sthedutr__ A Voge 2_ _Pvo. H 735-471
Title Insurance e Col core=_fln
A Stock Company
" Home office-Richmond.Virginia
i
SCNEDULE--___A—cont'd.
parcel U continued...
19"55125" East, along the Westerly right-of-way of S.W. Cascade Blvd., 50- feet from and
par--Uel to the Westerly right-ref-way of Highway 2179 as rnonumented 1=4.50 feet to an
iron rod with JSM cap set opposite an iron rod with State Highway cap found at SH 331+00
(no)/JSM 331+00.11 (UO); thence South 16°06140" East 86.37 fleet to an iron rod with JSM -
cap set opposite an iron rod with State Highway cap found at SH 331+8814 P.S. (ll0)/JSM
331+88.14 P.S. (110); thence on spiral curve (chord bears South 16*50'40" East 234.68 feet)
234.69 feet to an iron rod with JSM cap set at the Southeast corner of said Portland Chain
property; thence South 70°44'30" Kest, leaving said Cascade Blvdi 409.03 feet to an iron
gat-of-way of the
rod with JSM cap set on the Ea tterly 75 feet fromWesthe
h said right-of ltr y 277 i2 feet o
Southern Pacific Railroad; thence North
an iron rod with JSM cap set Qn the'dores-old North line of Section 34; thence North
890 52150" West on said line 26.50.,feet V the b•B—, 'nning-
DLK/tnw/69
File ?mo® 11,T200806 Schedule A Yoge 3 No. H 735 4--
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EXHIBIT "B"
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STAFF REPORT
AGENDA 5.5
TICARD PLAN^LING CO,'L'I.ISSION j
August 5, 1980 - 7:30 p.m.
TIG RD SCrI00_, DISTRICT ADMINISTRAT±ON OFFICES BOARD ROQ:1
1313"I SWPacific Highway, Tigard �
No submission of material by applicant shall be made at the Public Hearing
I
unless the applicant is requested to do so. Should this occur, the item
will be tabled until, the following Hearing.
DOCKET: ZONE CHANGE, ZC 16-80 (PC14 Associates/Frank & Associates) NPO #7
APPLICANT: C. R. Close OWNER: PCM ASSOCIATES
FR.ANR AND ASSOCIATES 1200 Standard Plaza
6625 NE 82nd Avenue 1100 SW 6th
Portland, Oregon 97220 Portland, Oregon 97204
APPLICATION DATE: June 16, 1980
SYTE
LOCATION: 9770 SW Scholls Ferry Road (Wash. Co. Tax Map lSl 26C, Tax
Lot 1802) 8.23 acres
REQUEST: For a Comprehensive Plan Revision from Comprehensive Zone Map
Designation 14-4 "Industrial Park" to C-3 "General Commercial".
P
STAFF NARRATIVE:
The primary issue here is the addition of retail space in an Industrial Park
Zone. The Applicant wishes to change the Comprehensive Plan on this parcel
to a more desirable zone for retail use. Under the present Zone of M-4,
retail sales are allowed "in conjunction with any of the foregoing Conditional
' uses", one of which is warehousing. The Applicant has mentioned to Staff
that this section of the Code is not specific enough to insure retail
development. Staff agrees. Under the proposed C-3 "General Commercial"
designation., there is no question, nor is there a conflict with the Conditional
Use Section.
Portland Chain may or may not remain on this site. However, due to the fact
that Koll Business Center is being constructed to the West and Highway 217
is to the East with Scholls Ferry to the North, and Par Gas to the South,
further development on this parcel will have very little effect to surrounding
property if the number of retail outlets is limited to large warehouse
operations with retail outlets. The Applicant mentions Washington Square
and the "waiting list". Staff would not support a similar use on this property.
This request seems reasonable because of the area and what is presently fiatiing
place on other parcels along Cascade. Power Rents is close to retail, the
difference being that what is taken off the property is returned. Par Gas
has a small retail operation. Franz Bakery has a retail outlet also.
s:;
a
°
STAFF REPORT
AGENDA 5.5/ZC 15-80
TIGARD P=4NING COZ%ZLISSION
August 5, 19$0
Page 2
Will the entire Cascade Avenue area eventually go commercial? No. The area
is well established as an industrial zone. One proposal for this site is
for a large furniture warehouse with a retail. outlet. If this Applicant
had proposed a greater number of retail outlets, Staff would not have made
the recommendation included herein. it is further suggested that should
this become the case, the Applicant'.should -return to the Planning. .
Commission for approval of all future development.
At the present time, Staff is working on a large annexation proposal in this
area. We expect to be before the Council in September with the initial -
Resolution.
If this request is approved by the Planning Commission, we would Zone the
land C-3 at the time the Council approves the Annexation Ordinance following
the Boundary Commission Final Order. This process includes at least two more
Public Hearings. The NPO #7 Chairman has been notified of this proposal and
we have not received comments.
I. FINDING OF FACT:
1. This parcel has not been annexed to the City of Tigard. An annexation
petition has been filed with the Planning Department and Staff expects
Final Action soon.
2. The current Comprehensive Plan Designation is M-4. Applicant wishes
to change the Comprehensive Plan Designation to C-3. .
3. All public services axe available to this site. Cascade Avenue at
Scholls Ferry Roacl is a lighted traffic intersection.
II. CONCLUSIONARY FINDINGS:
1. Cascade Avenue is sub-standard. If development on this ,parcel occurs.,
the necessary improvements will be made as a condition of development.
2. Site drainage issues will be addressed at development.- A local improvement
district may be formed following annexation of several parcels in this area.
3. All development will be subject to Site Design Review.
III. STAFF RECOMPENDATION:
Staff recommerds approval of this Comprehensive Plan Revision'with the-fallowing
Conditions:
1. No Final Action shall be taken on this request until this parcel is annexed E
i
to the City of Tigard, at which time it shall be Zoned C-3 "General j
Commercial j
S
7
ST;kFF RP:PORT
AGENDA 5.5/w 16-90
TIGARD PIANTNIVG CO3MMISSION
August 5, 1980
Page 3
�. If more than two (z) retail outlets are contemplated for this parcel,
the owner of the land shall apply for said use to the Planning Corz=f ssiorn
for approval. (This condition relates to the entire parcel including the
present structure leased to Portland Chain) .
All development shall be subject to Site Design Review. .
ard, Planning Director
MIi�IJ T;.S
TIGA_RD PLA11::IliG C0i441SSI_OPN
August 5, 1930
W_ Page 6
the rationale v it is the oaly way improvements can take place in
this comumity considering the city's finances. The six--foot vs. eight—
foot fence has discussed. Funk felt the applicant should not be burdened
with the solution of a problem created by the corporation. Ray Haas,
12435 S:f knoll Drive, asked How�to go over the sewer route again.
Howard did so, explaining what�:he felt was the greatest good to the
greatest number. / \ _
COM!XISSIOTI DISCCSSIO?i ASD AGTIO t_ Funk MOVED approval of Variance
V 9-80 based on staff rindings and recommendations. Moen seconded the
motion, which passe unanimously.
5.5 zon C=lGE, ZC 16-80 (PCPI Associates) NPO #7
A request by MI Associates for a Zone Map Amendment from
Washington County ,IA-1 to City of Tigard C-3 "General Commercial"
Zone on 8.23 acres located at 9770 SW Scholls Ferry Road
i1 (flash. Co. Tax Map ISI 26C, Tax Lot 1802).
Howard read the STAFF REPORT and Rn -
.P The APPLICANT'S PREat NTATIOF was made by C. R. Close of R. J. Frank
& Associates, 6625 PN 82nd Avenue, Portland, who wrote the 31—page report
submitted with the application. Re stated the reason for mentioning
Washington Square in the report was to show there is a need for additional,
r commercial space in the area. He agreed with the staff retort and
recommendations.
1 COL.=,SSION DISCUSSION A.10 ACTION: Howard presented the problems
I with the Portland Chain operation, which started its rather noisy operation
1 before any residential development had taken so.-
in the area. If they
moved, it must be economic for them to do so. It would be possible,
under present zoning, to ask for a conditional use, thus accomplishing
the same thin; requested by this zone change. Ho-wever the zone change
mould give the applicant a much firmer base on which to attract commercial
tenants. Therefore he approves this zone change.
Howard outlined surrounding land uses and suggested this would not
set a trend. Further discussion covered various contingencies. In
response to Speaker's question about commercial use of land adjacent to
a railroad vs. warehousing or industrial use of the railroad, Howard
called attention to the Southern pacific industrial pari: across from
the Ko11 Business Center nearby.
1
kolleas :MOVED for approval of Zone Change ZC 16-80. ,igen seconded
1 the motioa, which ca+-stied unanimously.
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