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Ordinance No. 74-27 CITY Ob' TIGAYD, ORI CON ORDI dP.IdCi. N0. 74 - F Alt ORDINANCE ADOPTIidG Fl di)IiFCS `?I`lII RESPECT TO APYLICATIO 1 OF Ii. A. ANDS RSE.f and JOS'ENI WOUG14T IOIY CEA':IC : OF ZOITE CLASSIFI- CATIOid Fi.Ori n--7 S1.4GLE PAi ILY RESIDIiiITTAL TO Id 4 IMDUSTT?IAL PA'11t 1'1I1H FESPECT TO ASSES0,0111S TAX LOT 3011 2S1 IDC, GPAHTIi•1G APPLICA-- TIOii A,D FIXINC ^L'C`i'T_r DATE. 1'TfE CITY OF TIGAARD ORDAIRS AS FOLLO':IS: Section 1: The Council finds that the lands herei.nal''ter di,sw-l'ued have heretofore been and are noir classified R-7 (Sinrle Family Residential) pursuant to the tonin„ ordinances of the City of Tigard. Section 2: The Council further finds that pursuant to prescribed procedures, application for chan,,e of zone of said lands from R-7 (Residential) to 1,1-4 (Industrial Parr) was the stip ject of a public hearing heli by tl:e Planning Commission on AVril_ i 16, 1974 and the Commission has heretofore filed its report with the City Fecorder, copy -.vhereof is hereto attached and by reference made a part hereof, recommending; approval of the anplica- tion: Section 3: The Council further find7, that after due and legal notice a public hearin , wan held on Mav 13. 1974 before an impartial council, and that at said hearin-g the appli-- cents and all interested parties were afforded an opportunity to be heard and to present and rebut evidence with respect to said application. } I { Section 4: Based on the evidence both oral and documentary and I the record of said hearing before the City Council, the Council makes the followins; findings: (a) That the comprehensive plan entitled "Tigard Community Pian' includes Tax Lot 800 2S1 1DC as a part of a. total area desit;-•• nating for iti-4 Industrial Pari: `Lone, and thus the applicants' re- quest is compatible with the comprehensive plan and the pre- existing R-7, Single Family P-,esidential class-_fication is not realistic or justifiable in that the site is -ill adapted to resi-- dential purposes with limited feasibility for such use and there- fore outmoded. (b) That the change of the pre-existing land use classifi- cation R-7 to T,i-4 Industrial Park is consistent with the public need for Iii-4 lands in the Tigard community to enable orderly and progressive growth and that the particular tract being adjacent on three of its boundaries with other lands heretofore zoned for M-4 use classification Mould be joined and integrated therewith in a harmonious M-4 district. (c) The Council further finds that the granting of the application and chan_:e of zone subject to the requirements herein- after set forth will not impose any undue burdens or create an undesirable impact upon the R-7 residential district lying 11ortherly of the subject site. Dace 7. - ORDINANCE NO. 74 x F, (� t (d) That public services, including water, sewer, electric energy and gas are readily available to the subject site and that the site is readily accessible to S. W. 72nd Avenue leading to the S. 'd. 72nd Avenue Interchange with new Highway #217, and that the change of zone in this instance will enable the orderly development of access to adjoining I4-4 lands and that undue traffic volume or hazard will not be thereby Inposed upon the � locality or adjacent residential development. (e) That it is consistent with the public interest and to further adapt the subject tract to the uses allowable in an M-4 zone, that the applicants' proposal to dedicate for public road and street purposes that portion of the subject site lying Easterly ci a iliia ��.. . para'-lel to and ten (10) feet 'rlesterly of the West boundary of S. W. 72nd Avenue and that dedicat_.oti Uf L� id area is hereby required as part of the approval of change of zone as hereinafter authorized and shall be Iccomplishedat or prior to the time said site is proposed to be developed incident to the issuance of building permits or site plan_ review. (£) That it is further necessary and 3.n the public interest that in due course a local improvement district be formed to more fully develop S. II. 72nd Avenue as a city collector street and that the costs thereof be assessed against the properties benefited thereby. The present owners and applicants having consented to the formation of a local tprovement district, it is necessary in the public interest to bind the present and future owners in succession and therefore, in connection with the granting of the zone change as hereinafter set forth, a recordable covenant in the form hereto attached, marked Exhibit "A", and made a part hereof, shall be executed by the applicants as present owners of the subject lands. (g) That the City Council takes quasi judicial notice of the need for storm drainage facilities on and adjacent to the subject site as a necessary and important part of any development program to thereby mitigate and avoid the adverse effects of surface storm waters upon adjacent properties and therefore the grant of zone change herein which includes the requirement that in any future development of said site, plans for storm drainage facil- ities shall be required and shall be subject to approval, of the City's public works department. Section 5: That the use classification of applicants' lands as t described on attached lixhibit "A", by this reference made a part hereof, and being Tax Lot 800 2Sl 1DC,. as hereinabove referred to, be and the same is hereby changed from the present R-7, Single gamily P.evidentia7_ Zone. to PR-4, Industrial Park Zone, and the use henceforth of said property shall be limited and subject to and consizten with, all requirements of the M-4 zoning classification as now or hereafter prescribed by the Tigard Municipal Code and further subject to the requirements of this Ordinance. Section 6: This Ordinance shall become effective on the 31st day after its passage by the Council and approval by the Mayor. x Page<2 ORDINANCE NO. 74 Z r- F s o x��T � PASSED: Bymajority vote of all Council members present, after being read three times by num ler and title only, this 10Th day e" .Junp-,1974. % _via c;e Recorder - City of T rd APPROVED: By the Mayor, this 20th day of May, 1974 r Prayor - Oity of Ti rd '1 Page 3 - ORDINANCL NO. 74 f t S 1 � d r Fought & Ande s � E.*IIB IT "A" l Beginning at a pPint in the East line of the W.W. Graham DLC Ido. 39, I*_....ah.i, 2 South, mange 1 West, Willamette Meridian, in 3@CLlOiI a, k.ywu...�e, ._, Washington County, Oregon, which bears North 0°30' East 64.0 ieet from the S.E. corner of said claim; thence North 0°30' East along the East line It of said claire 219.70 fact; thence North 89*24' West 310 feet; thence South 0° 30' West 225.02 feet; thence South 89'37' East 310.03 feet to the point of beginning. i BIF: MEMORANDUM May 9, 1974 T0: Tigard City Council FROM: Tigard Planning Commission SUBJECT: Action of Planning Commission regarding ZC 7-74, property located at 13775 S.W. 72nd Ave. and owned by Andersen and Fought. (Tax Map 2S1 10C, Tax lot 800) The Planning Commission at an April 16, 1974 public hearing took action to recommend denial of a requested zone change from an R-7, Single Family Residential zone to an M-4, Industrial Park zone. Please note the attached documents for your references. ti ti Lit, in a�- ..�•' o �I LLI rw a • �� �.� = •= �� ,,� to E e � /may •..o_•, • x/101 Wl =A'• • Sj ,- 14. wif 'AT -10 dallOOMM .� JJJ {j LIL .iI 0 ♦ J ase..•• e'ro• rst,•. a srr �g u ' r � °• 1 O � V ry) 7 Z� too � • %W �' (• 1 •x e.l I � ( I � oar •• ..rl •o • Y ga•„ d w i 1 t , 4� o n °• QI s .z3�7n moved to 3p,.;: v._ the requestao zone changes based upon the fact that applicants had met the burden of proof required by "Fasano" and to include the staff recommended conditions with the charge that the easterly sidewalk be deleted and that the westerly sidewalk extend from Varns Street to Cherry Street The completion time for this sidewalk be six months from the time of issuance of a building permit. In addition the site obscuring fence shall also be deleted as a condition. Barkhurst seconded the motion arid i.t N:aced by unanimous vote of the members present,, 4.2 ZC 7--74 (Andersen & Fought) A request by H. A. Andersen and 'Joseph M. Fought to change an ©xisting R-�7, Single Family Residential zone to an IM-4, Industrial Park zona. The subject .72 acres and is located on the property comprises 1 northwestern quadrant of the intersection ofS1DC, 72nd Avenue and S.W. 74th Aveneu (Tax flap Tax Lot 800) Staff Findings A. Brooks presented the staff findings rele. ant to this case. Testimony & Cross Exami---t i ren A. Proponents 1. Arlan Andersen, spoke for the applicant stating that this zone change is necessary to enable the logical development of this entire portion of industrial land from 72nd Avenue back to the railroad track. He said P that no impacts Would be created for the residential area to the north and that a 50 foot wide landscape buffer is beingproposed. The rezoning is proper because it conforms ;= with the Tigard Community Plan and the adjacent land use and zoning. x B. Questions 1. Mickelson asked if a tire retreading operation were still being considered, for this site. 2. Mr. Andersen replied that a tire retreading °s plant is not allowed-in an M-4 zone and such a project is not being considered for this site. page 5-Minutes - 4�-iti-7w T k t • 3. Mickelson asked khat type of use is being considered. 4. Mr. Andersen stated that no specific use is being considered at the present time, but the applicant intends on developing the property according to the permitted uses i.n. the M-4 zone. He stated that he had a conversation with the staff concerning an application which did not propose a specific use and the staff had determined after talking with the City Attorney it is not necessary for an application to include a specific use. 5. Fred Anderson, the Ci*y At:t:nrnay, ranli.ed that it is proper to rezone where .it is conformance with the comprehensive plan and as a result of a current and up to date plan the proofs are not as considerable. Either the City or property owner can initiate a rezoning to bring the zoning in to conformance with the comprehensive plana Fred Anderson then warned the Planning Commission not to rely too heavily on specific proposals and to consider a1.1 the uses which may be allowed in the zone being requested. Opponents A. Tony Maxim of S.W. 72nd Avenue, said that the applicants intention to vacate S.W. 74th Street to allow deve3lopment of this property would be detrimental to public safety in that it would not allow adequate fire protection for the industrial property to the rear. Staff Recommendation A. Brooks recommended tabling of thisrequestto the next meeting because the applicant had not ' properly demonstrated the burden of proof required by "Fasano" even though the subject site is shown for industrial use on the Tigard Community sr , Plan, Commission Discussion and Action F A. Barkhurst said he would like to see a traffic circulation. study done for the site because there is a question as to how access should be gained .to this property. F B. Sakata said she did not feel the applicant had `s met the burden of proof required by "Fasano" for rezoning. Page 6Minutes,- 4-16-74- C. Whittaker said outright. M-4 zone is not appropriate on this; site and this zone .hange and the proper location of a street should be considered with a specific proposal and a request for a combination M-4, P-D zone change. D. Mickelson moved to deny the request based upon the finding that the applicant had not met the burden of proof as required by "Fasano". Barkhurst seconded the motion anti the motion passed by a majority vote with Hansen voting nay. 4.3 ZC 64-74 (Manning) A request by the City of Tigard to change an existing County RU-4, Urben Residential. Di,trict to a City R-7, Single Family Residential zone in a newly annexed area. Subject property comprises . 39 acres and is located at 10865 S.W. 95th Avenue (Tax Map 1S1 35CA, Tax Lot 203) Staff Findings A, Brooks presented the staff findings relevant to this case Testimony and Cross Examination A. Proponents 1. No one appeared in support of this request. B. Opponents 1. No one appeared in upposition to this request. Staff Recommendation A. Staff recommended approval of the City's request to change the existing zoning classification from RU-4, Urban Residential District-to a City R- 7, Single Family Residential zone. Commission Discussion and Action A. Barkhurst moved to approve the requested change based upon the staff findings. _Mickelson seconded the motion and the motion passed by unanimous vote of the members present. 5. PUBLIC HEARING Street 0a6ation 5.1 M 5-74 Street .Vacation S.W. 74th Avenue south of S.W. Cherry Street` and west of S.W. 72nd Avenue. Page 7 Minutes 4®16-74 i Ik TIGARD PLANNING COMMISSION Staff Report 1 April 16, 1974 y Agenda Item 4.2 ZC 7-74 (Anderson & Fought) s i i Zone Change r ' the northwestern quadrant of the intersection of S.W. ! For property located t a ' 72nd Avenue and S.W. 74th Avenue and comprising 1.72 acres. (Tax Map ZS1 IDC, Tax Lot 800). I Applicant f H. A. Andersen & Joseph M. Fought Applicant's Request Approval of a change in zoning classification from an existing R-7, Single Family Residential zone to an 11-4, Industrial Park zone. Applicant's Proposal To construct a combined tire retreading plant, warehouse & office facility. Staff Findings 1. See attached map for existing land use and zoning patterns. 2. See attached applicant's Fasano response. Applicant has stated he will submit revised response. 3. The subject site is currently vacant. 4. The Tigard Community Plan designates the subject site as General Industrial, said Plan stating this category is intended to consider the following goals: a. To provide locations for a wide range of industrial uses that are compatiule with one another. b. To protect land designated for industry from encroachment by uses which are not compatible. c. To encourage the location of industry that will provide employment and that will broaden the tax base of the community. Policies .and Standards of the General Industrial category are stated as follows: a. Use of planned unit development procedures is encouraged in order to better relate industrial development with adjoining uses. b. The planning commission will review the site plan of each proposed :3 javoin .m,-nt. as provided in the zoning ordinance, in order to Staff Report -2- Apr`. 16, 1974 ` • Agenda Item 4.2 ZC 7-74 evaluate the compatibility of vehicular access, signs, lighting, building placement and designs, and landscaping with adjoining uses, both existing and proposed. c. Development will coincide with the provision of public streets, water and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet city or county standards. 5. The applicant has not submitted a response to the "Fasano Guidelines" adequate to allow staff review. The applicant has not submitted sufficient evidence in favor of his requested zone change. 6. Sight distance is Beverly restricted related to site access and egress from S.W. 72nd Avenue. There is a danger to public safety if development occurs on the subject site. Sight distance is limited by a hump in the grade of S.W. 72nd north of the subject site and by a sharp curve and bank to the south. It is currently difficult to egress from the subject site with assurance that such egress is safe. Visibility to the north and south is restricted, leaving an existing motorist little chance to assess the chances of a safe exit. Left turns into the proposed site are also hazardous because of restricted sight distance around the north- bound curve and the narrowness of the road. The existing paving width of S.W. 72nd Avenue is 20 feet. S.W. 72nd currently carries approximately 4400 vehicles per day at S.W. Varns Street. Oregon Revised Statutes, Section 227.240 states that zoning ordinances "shall be designed to promote the public health, safety an' gen eYai welfare" and further states that zoning ordinances shall also be "designed to secure safety from fire and other dangers and to promote the public health and welfare..." Section 18.04.020 (9), Tigard Municipal Code, states that one purpose of Title 18 (TMC) is to "provide public health, safety, convenience and general welfare in general." 7. Tire retreading is a conditional use in a C-3, General Commercial zone and is neither a permitted or conditional use in an M-4, Industrial Park zone. Warehousing is a conditional use and offices are a permitted use in an M-4, Industrial Park zone. 8. The subject site is adjacent a single family residential neighborhood. Considering the "General Industrial" designation of the Tigard Community Plan, the M-4, Industrial Park zone is the zone most compatible with residential development. If the requested zone change is approved, care should be taken to protect the residential environment and residential property values. The buffering between uses becomes increasingly important as the differences between uses increase in nature and intensity. The applicant has not stated if the proposed use will have an adverse impact upon the adjacent community. 'Staff Recommendation Staff wishes to withhold a formal recommendation until the applicant addresses the "Fasano Guidelines". .i