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Ordinance No. 86-28 CITY OF TIGARD, OREGON ORDINANCE No. 86-,;p ® AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE T" "' AMEiIDMIE IT _$�. ?`MD ZOT�E CHANGE (ZC `,i-86) PROPOSED BY THF, CITY OF TIGARD (10580 S.W. McDonald St.) WHEREAS, the City has requester: a Comprehensive Plan Amendment from Medium Density Residential to General Commercial, and a Zone Change from R-12 (Residential 12 units/acre) to C-G (Commercial General) ; and WHEREAS, the Planning Commission reviewed the proposal on April 8, 1986 and recommended approval of the amendment; and WHEREAS, a public hearing was held before City Council on April 28, 1986 to consider the Commission recommendation. ® li THE CITY OF TIGARD ORDAINS u nS FOLLOWS: OWS: Section 1: The proposal is consistent with all relevant criteria as discussed in the April 8, 1986 Planning staff report to Planning Commission (Exhibit "A:) . Section 2: The City Council upholds the Planning Commission's recommendation for approval of the Comprehensive Plan Land - Use Map and Zoning Map Amendment as set forth in Exhibit ® "R" (mans) _ Section 3: This ordinance shall be effective on and after the 31st day ® after its passage by the Council, and approval by the Mayor. PASSED: By _U1ck_j0;n2.QLL 5 vote of all Council members present on the /21L2 day of , 1986, puty Recorder City of Tigard APPROVED: This day of 1986. fMzfyor City of Tigard ORDINANCENo. 86 of A �1"AF1 R1:1)ORl Al":-NDA I It:M 5.4 rLIE:SDAY, APRY1. 8, 1986 7:3o PM TIGARD PLANNING, COMMISSION FOWLER JUNIOR H D,H Si;HOOI, Li,I 10865 S.W. WALNUT T"IGARD, t)f2ft,piJ 1723 A. FACTS i. General. information CASE: Comprehensive Plan Amendment CPA 3--86 Zone Change ZC 5-86. RF.:,UEST: Comprehensive Plan Amendment from Medium Density Residential to Commercial General and a Zone Charge from R-42 (Residential, 12 units/«cre) to CST (Commercial General). APPLICANT: City of Tigard OWNER: Sun Fund Investment PO Box 23186 Tigard, OR 9722.3 LOCATION: 10580 SW McDonald Street (WCTM 2S1 1OAA, Tax Lot 500) 2. Background The City approved construction of the existing office building in 1978 (files nos. CU 17-78/SDR 44-78) . At the time of construction, the property was zoned C-4 (Commercial Neighborhood). During the revision of the Comprehensive Plan and Community Development Code, the property was inadvertently zoned R--12. 3. Vicinity Information The properties on the north side of McDonald Street and those immediate west are zoned .,-G and the properties to the south and east of 105th Avenue are zoned R-12. The residentially zoned parcels are devoted to single and multi-family residences and a nursing home. 4. Site Information and Property Description The half acre parcel is fully developed with an office building, parking area, and landscaping rhe staff proposes to include thi.s parcel. with the C-G zone which applies to the properties that are immediately west and north of McDonald Street. 5; Agency and NPO Comments- The Engineering and BuildingInspection Divisions as well as NPO # 6 have no objection to the request. STAFF REPORT CPA 3- 86/ZC 5- 86 PAGE' I B. FINDINGS AND CON I:L US IONS The relevant approval cri.toria in this case are Comprehensive Plan Policies 2.1, 1, 5.1.4, and the Locational Criteria in Chapter 12. �_ i__. staff concludes that thc• above criteria are satisfied based t The Planning JLO� v�. es t upon the following findings: . t 1. policy 2.1.1 is satisfied because the NPO has been informed and given an oppsrtun.it-Y to comment and notice of the public hearing E has been sent to nearby property owners. 2. Policy 5.1.4 is met because the proposed rezoning will not cause any encroachment upon nearby residential uses because adequate buffering was provided during the development of the property and the established commercial use will not be affected. 3. The Locational Criteria are satisfied because the property has the R-12 zone only to the south and east, the present use of the pro-Qrty will be unchanged, the site has direct access to McDonald Street which is a major- collector, public transportation is available on Pacific Highway, and the site has been property developed according to City requirements. -- C. RECOMMENDATION Based upon the above finds and conclusions, the Planning staff .-; recommends approval of CPA 3-86/ZC 5-86. PREPAR fi BY: Keith Liden AP OVED BY:41161mA. Monahan Senior Planner Director of Planning 6. Development ` (2438P/dmjj STAFF REPORT --CPA 3--86/ZC 5-86 - PAGE 2 V ..a....rz_ N n AMOL"V WIN EGON SEE MAP 9 tat S.W.-s Mc DOANALD STREET --- . • !�7700 (CR tl55� ps 600 E 500 1� (0 A5 AC. .50AC ; .52 AC. w M ' .7.6 AC rArrsi I rn TA eSo • � �� t wO N S. ► , qrw 134.7s 300 2.08 AC Lad) 113 wo 167 AC Iry s tea's'e 1 � t : tr•,wf 400 SEE MAP r: 1•E Y i! .95 AC. N 'ZS 1 1188 tsy��2'p m A ' f 247' !t 107.10' zod 14 200 200' t400 illi ro'w 1500 4 X56 L 657 AC ri J of : �