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Ordinance No. 82-37 a CITY OF TiGAKD, OREGON ORDINANCE NO. 82-_f 1_ i ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FORA COMPREHENSIVE PLAN KEVISION TO THE 1974 NPO #1 PLAN MAP OF THE CITY OF TIGARD, AND A f 'LONE CHANGE, DECLARING AN EMERGENCY ANu FIxINu AN EFFECTIVE DATE. MARIE REILING Tax Map 2S1 2AD, Tax Lots, 700 & 800, Project Address 12665 S.W. Hall & 8725 S.W. Com- mercial, File Number CPR 1-82, Present Plan DesignaLion Medium Density, Designation changed to Cummercial Retail, Present Zoning A-12, Zone changed to C-3, Applicant Marie Reiling THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Finding that the lands hereinafter described are uow classified as A-12 Medium Density, and further finding that pursuant to procedures, the above- stated application for a Comprehensive Plan Revision and Zone Change was presented at a public hearing held by the Tigard Planning Commission on June 8, 1982. All interested persons were afforded an opportunity to be heard at this public hearing. Therefore, the Council adopts the following substantive findings: A. That the proposed plan designation is in conformance with the adopted NPO #1 Plan. B. That the proposed zoning is in conformance with the adopted plan designation. ECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for a Comprehensive Plan Revision and Zone Change is hereby approved subject to the provisions of Chapter, 18.28 of the Tigard Municipal Code as em- bodied in adopted Exhibits "A", "BfO, and "C" attached and made a part of this Ordinance. The plan designation and zoning of the subject properties is hereby changed to Commercial Retail C-3. Exhibit "A": Legal uescription Exhibit "B": Tax Map Exhibit "C": Staff Report SECTION :3: Inasmuch as it is necessary to the peace, health and safety of the public that the foregoing zone change in the City's records become effective, an emergency is hereby declared to exist, and this ordinance shall be effective upon its pas- sage by the Councii and approval by the Mayor. PASSED: By kj1Aj1L&.r&% vote of all L;ouncii members present this day of July, 19 t2_, after being read two times by number and ti a only. Recorder - City of ' and APPROVED: By the Mayor this day of , 19 . mayor - City of Tigard ORDINANCE No. 82- , .. Order No.: 7-606446-W EXHIBIT A BEGINNING at an iron pipe which is South 429521 West 1435.55 feet and North 42®12: Y1est 19.3 feet from a stone at the corner on the Easterly line of the George Richardson Donre-entrant ation Land Claim No. 38 in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; thence North 45°12' West 99 feet; thence South 44*481 West 66.45 feet; thence South 45°12 ' East 100 feet; thence North 42°52 ' East 66. 45 feet to the place of beginning; EXCEPTING, however, an within the boundaries of roads and highwaysy portions thereof lying A tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington Count described as follows: Beginning at an iron y. Oregon, more particularly p 5 ' West 1.435.55 feet and North 420 12' West 19.3 feet from 1ahstone oaththe ore-entrant corner on the Easterly line of the George Richardson Donation Land Claim No. 38, in Township 2 South, Range 1 West, Willamette Meridian, Washington County Oregon, running thence North 450 12' West 227.35 feet; thence South 440 48' l West 66.45 feet, thence South 450 12' East 229.7 feet; thence North 420 52' l East 66.45 feet to the point of beginning. EXCEPTING that certain tract of land previously conveyed to Leo J. Bader, etux b page 478, Deed Records, Washington Count' y deed recorded in Book 311 t g y, Oregon, being the Southeasterly 99 feet of the above described tract, r F maw`t• .47A c. cr, SW SCOFFINS lueaoa7'w 's 76.4 151.6 So_ (' 1 F �J ml6Ac. w"' ti® 2100 1000 EXHIBIT " 3" .35Ac. M► 33Ac. L 16+46.15 P.C. j V N T k • �5..1 a°,,,1^'�` 900 _ 401 V rte/ pJq 3 I ¢ J 20o ao 89Ac. y=_ .99Ac. 20 36s 'if., 200 20 ` !7f t .2�_ •� ^ �✓ Quo >:pdh 300 >�Q { 30 ./♦� ' ✓��� O .29AC. p0� '^/l (C.CJ.N9.1{Z�{I) F 6. T 0 `„L 1203 /. 74 Ae. NLwvA� �1 a / Iilil}1 s 600 I r .39Ac. !II!I ° 22 I,'ll!!111 yp til r� 1 ��1 � 8 .ZOAC. vJ\2• I .f x ♦/� \ •ss �� 1.� / /^' ' /y 229 h 00 1 A I\�r� r, i� 5Ac. ry�c l b � 1900. e� X ' / / 2''x2' TAX LOT 2500Ai C /'may f Yy 2 300 20 001, 47A C. -I- 23-1 59.17 P.T. T 0 2100 �q �4 4.69Ac. '� ° SEE MAP 29 �O 2 S I 1 THIS ASAP IS FUR-'?SHED AS A C0NVE:NIE1NCr ay: i l S TITLE THIS MAP is RGT A SURVEY AND DOES NOT dai OW THE LOCATION OF ANY IMPROVE- ;Y r�A M TS. THE COMPANY ASSUMES NO�LIA- IS ILIT, FOR ANY ERROTHEREIN. l4 ` EXHIBIT "C" STAFF REPORT AGENDA ITEM 5.2 TIGARD PLANNING COMMISSION JUNE 8, 1982 FOWLER JUNIOR HIGH - LECTURE ROOM 10865 S.W. WALNUT, TIGARD, OR June 2, 1982 A. FACTS 1. General Information: Case: CPR-1-82 (Comprehensive Plan Ravision) NPO #1 ZC-9-82 (Zone Change) Request: The applicant is requesting a Comprehensive Plan Revision and a Zone Change from Urban Medium Density (Zone A-12 Multiple Family) to Commercial :'ptail (Zone C-3 General Commercial). (Attach "A") Recommendation: Based on staff's analysis and all applicable planning policies, staff recommends that the Planning Commission approve the proposed request. 'Applicant: Marie Reilirg Owner: same 14850 S.W. 92nd Ave. Tigard, Oregon 97223 Location: The subi_^t properties are located on the northeast corner of S.W. Commercial Street and S.W. Hall Boulevard. (Washington County Assessor Map # 2S-1-2AD, Tax Lots 700 6 800) (Attach "B") Lot Area: Tax Lot 700 .15 acres Tax Lot 800 .20 acres Present Zoning Designation: A-12 (Multiple Family) Public Notices: Seven (7) notices were sent. No written comments had been received when this report was written. y- NPO Comment: Members of NPO #1 reviewed the proposal and recommended approval of their request. 2. Background: There have been no previous actions taken on these sites. 3. Vicinity Information: The areas to the northwest and northeast of the site have been developed for multiple family usz, .znd they are zoned A-�12 (Multiple Family). trY _ STAFF REPORT CPR-1-82 & zC-9-82 Page. 2 The areas to the southeast across Hall Blvd. have been developed for light industrial uses and is zoned M-3 (Light Industrial). The areas to the southwest of the site have been developed for a variety of commercial and industrial uses and the areas are zoned C-3 (General Commercial), M-3 (Light Industrial) and M-4 (Industrial Park). 4. Site Information: Presently, there is one structure on each lot. Each structure is residential in character. B. APPLICABLE GOALS AND POLICIES 1. LCDC Goals and Guidelines: a. Citizen Involvement: Goal 111 - The intent of this goal is ( to insure the opportunity of citizen input to the planning `•. process. In the case of this application, all property owners of records within 250-feet of the site have been notified by U.S. mail of the date, time and place of this hearing on this application and any interested parties wil be heard. In addition, Neighborhood Planning Organization Number 1 (NPO 111) has been notified of this application. b. Land Use Planning: Goal 112 - The intent of this goal is to establish a planning process and policy framework to assure an adequate factual basis for all land use decisions. In the case of this application, all applicable LCDC goals and guidelines, NPO #1 policies and Tigard Municipal Code sections have been considered in review of this application. c. Housing: -Goal 1110 -a It is the intent of this goal to provide for the housing needs of the citizens of Tigard. Currently, the two properties are zoned A-12 (Multiple Family) and are .35 acres (15,246 square feet) in area. In accordance with the zoning ordinances, only 4 dwelling units could be placed on this site. To acquire 4 units, the following alternatives could be used: 1) divide the existing structures into 4 dwellig units; 2) add on 2 units; or 3) tear down the existing structures and build a 4-plex. Conceivably, all three of these alternatives could be accomplished in order to provide additionalhousingin the Tigard area. However, staff questions ' whether this site is an appropriate site for lower density housing given the surrounding land uses and the potential rents that could be generated from such housing. The feasibility of housing in this area will be further discussed in later sections. :r STAFF REPORT CPR-1-82 & ZC--9-82 Page 3 d. Public facilities and services: Goal .Ilii - it is the intent of this goal to provide adequate services to an area in a timely and cost effective manner. All of the needed public facilities and services are available to the site. e. Transportation: Goal #12 - It is the intent of this goal to provide a safe, convenient and economic transportation system. Currently, the sites front on S.W. Commercial and Tax Lot 700 also fronts on S.W. Hall. Neither of these streets are totally improved to City standards. Upon further development of the sites street improvements, the City standards would have to be completed. These improvements would not be conditioned to this application. In addition, neither of the lots will access directly onto S.W. Hall which is a major collector street. 2. NPO #1 Policies: a. Urban-Medium Density Residential POLICY 12: Site plans will provide for adequate open space to (a)protect adjacent properties, and (b) provide ample yard space for residents and play space for youngsters. POLICY 14: Apartments should be located to produce an optimum living environment for the occupants. .Development criteria should include 1) Buffering by means of landscaping, fencing and distance from commercial areas and major traffic carriers such as Pacific Highway and Hall Boulevard. 2) On site recreation space as well as pedestrian and bicycle access to parks, schools and convenience shopping. 3) The siting of buildings to minimize the visual effects of parking areas and to increase the availability of privacy. After reviewing these policies and the subject site, staff does not believe that adequate and safe open space could be provided on the site. The Tigard Urban Revitalization Plan indicates that the downtown area (see attachment "C") should all be designated as one zone, and that this zone should provide a variety of commercial, r office and high density residential uses. The subject sites are within the area. Staff believes that the residential areas should be orientedtowards the greenway 'and_ open space and away from the existing industrial uses surrounding the area to the east. STAFF REPORT CPR-1-82 & ZC-9-82 Page 4 C. TIGARD MUNICIPAL CODE 1. Section 18.59 Site Design Review Any site related issues, e.g. parking, landscaping, access, etc. will be discussed on a staff level during the site design reveiw process, if future development occurs on the site. CONCLUSION The proposed Comprehensive Plan Revision and Zone Change request comply with all of the applicable planning policies. CONDITIONS 1. The applicant/owner shallapplyfor a Site Design Review prior to the issuance of any permits on the site. F 2. The applicants/owners shall sign an agreement not to remonstrate °s against the future local improvement districts. rt f Prepared by J� pproved bar J .. Coursolle Frank A. Currie Aiato Planner Planning Director 5