Ordinance No. 74-28 i
CITY OR TIGARD, OR-EGON
ORDIIJAi CE NO. 711 - .''.2
Al ORDINANCE ADOPTI:!G FINDI'GS 1,1ITH RESPrCT TO APPLICATION OF
FETC i'-:R, HA dSFNI AiiD PARSONS FOR CHANGE 01l' ZONE CLASSIFICATION
FROM R-7 RESIDENTIAL TO Fi-4 IiT1DUSTLtIAL PARK ZOI.IZ YIITH ADDITIONAL
FINDINGS WITH R'SPEC'T TO COVPX` I(1IA.TJI BLL U ;ST POR APPROVAL AIM
AU`.i'HORI.ZATION FOR USE OF SAID LANDS AS A PLANUED DEVELOPiIf+RT
DISTRICT PROJECT PURSUAiIT '. O CHAKE 10.566, TIGARD "<'U IICIPAI,
CODE, I'IITH Ri:SPF:CT '20 TAX, LOT 900 251 1D, CRANTINra ZONE CHAixl,
AND AUTHO::IZI1?G PLANid 'D DEVEII OPI,S-',IT DISTRICT PROGRAI°I, AI4D
FIXING Ait 1IF'_rrCTIVIE DATE.
THE CITY OF TIGARD ORDAIJS AS FOLLOWS:
Section 1: The Council finds that the lands hereinafter described
have heretofore been and are now classified 11-7 (Sin le
Family Residential) pursuant to the zonin_; ordinances of the City
of Tigard.
Section 2: The Council further finds that pursuant to prescribed
procedures, application for chance of zone of said
lands from R-7 (Residential) to i1-4 (Industrial Par?: Zone) and for
companionate planned development treatment was the subject of a
public hearing held by the Planning; Commission on April 16 1974and the Commission has heretofore filed its report ,%ith the City
Recorder, copy whereof is hereto attached and by reference made a
part hereof, recommending approval of the application.
Section 3: The Council further finds that after due and .legal notice
a public hea.rinS; was held on May 13, 1974 , before
an impartial council, and that at said hearin;m the applicant and all
interested parties *.1ere afforded an opportunity to be heard and to
present and rebut evidence with respect to said application.
Section 4: Based on the evidence both or•-.l and documentary and
the record of said hearing before the City Council,
the Council makes the following findings:
(a2 That the comprehensive plan entitled "Tigard Community
Plan" includes Tax Lot 900 2S1 1D as a part of a larger area desig-
nated for I''_-4, Inaustrial Parx Zone, and the granting of applicants'
request is therefore compatible :with the comprehensive plan. The
evidence further shows that the existing; R-7, Single Family Residen-
tial, classification of said tract is not now justifiable or realistic
in that substantial changes have occurred in the neighborhood, includ-
ing the adjacent new Highway X217 and private development East and
South of the subject tract, which resider the subject site il.l adapted
to residential purposes.
(b) That the change of pre-existing- land use classification
R•-7 to i'•I-4, Industrial Park, is consistent with the public need for
+;-11 Industrial Park lands in the Tigard coriLmunity to provide for
orderly and progressive growth of activities permissible in an
ISI-4 zone, and that the integration of the subject tract into the
-4 zone will permit the use of said property for purposes harmon-
ious with the general surroundings.
Page 1 - ORDINANCE NO. 74 - °�--
f_.
(c) `Phe Council further finds that the grantinm of the
application and change of zone sought subject to the requirements
hereinafter set forth will riot uYiduly burden the nearby residential
area nor have an undesirable impact on the locality.
(d) That public services, including water, sewer, electric
energy and gas are readily available to the subject site an, that
the site is closely contiuous to Oreton State highway ,1217 and
readily accessible via the S. W. 72nd Avenue interchange.
(d) That it is consistent with the public interest to
authorize the use of said tract as a planned development project
pursuant to Chaptev 18.56 of the Tigard Municipal Code thereby
to
to assure that esthetic considerations and public interest values
will be accentuated.
(f) That the proposals of the applicants with respect to
dedication of additional right of way, construction of public im-
provements, making provision for storm drainage and providing for
common areas under the jurisdiction of a property owners associa-
tion, landscaping development and construction of sidewalks and
curbs, and other amenities, all as hereinafter set forth under
Special Conditions, will enhance the acceptability of the planned
development concept as a part of the integrated development program
for the locality.
Section 5: That the use classification of applicants' lands as
described on the attached Exhibit "t", by this refer-
ence made a part hereof, being Tax Lot 900 2S1 1D, as hereinabove
referred, be and the same is hereby changed from the present R-7,
Single Family residential Zone, to PST-4, Industrial Pari Zone,
and for companionate planned development treatment, and the use
henceforth of said property shall be iiihlted to, consistent with
and subject to 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: That the applicants' companionate request for planned
development district approval pursuant to Chapter 13.56
of the Tigard I4unicipal Code in the M-4 Industrial Park Zone, as
embodied in or exhibited by the planned development documents
submitted by the applicants and hereto attached and identified as
follows is hereby approved:
Exhibit "A" - Traffic Plan
Exhibit "B" - Site Plan
Exhibit "C" - Landscaping Plan
Exhibit "D•` Utilities Plan
Exhibit "E" - 'General Development Plan & Pro ram
and. each of the foregoing, is hereby made a part hereof, and the de-
velopment and use of said land shall proceed consistent 17ierewl.th
and subject to each and all requirements of Chapter 13.56, =1P;ard
Municipal Code and subject to the further requirements and condi-
tions:
(a) The property owner(s) shall dedicate to the -
public 10 feet of additional right-of-way parallel S. W.
72nd Avenue and adjacent the subject site.
Page 2' - OR71NAY1GE NO. 74
7N
(b) 12he property owners) shall construct a half
street improvement, said improvement plans shall generally
follow the rccor.Lmendations of the applicant's submitted
traffic circulation study, and shall be approved 'cy the
llashin;ton County Department of Public Works, said traffic
circulation study is contained within Exhibit "E" as described herein.
(c) The property owner(s) shall agree to participate
in a local imy)rovement district for the purpose of improv-
j.t)E S. W. Varns Street to City Local street standards,
said agreei:ient shall lie executed as a recordable covenant
running viiti the land.
.ihe storm draiiiaL;e plan v: Life :
Fletcher, Nal'°en & Parsons
l
EXHIBIT
That portion of land in Section 1, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as
follows$
Lots 1 and 2, YARNS ACRES, Washington County, Oregon, SAVE AND EXCEPT that
portion of pot 2 conveyed to the State of Oregon by deed recorded in Book 599,
Page 93, Film Records of Washington County, Oregon.
j`
MINUTES
TIGARD PLANNING COMMISSION
Regular Fleeting, April 16, 1974
Twality Jr. High School - Lecture Room
14650 S,W. 97th Avenue, Tigard, Oregon
1., CALL TO ORDER
A. The meeting was called to order at 7:30 P.M.
20 ROLL CALL.
A. Present: Barkhurst, Frazier, Hartman, Mickelson.,
Nicoli, Sakata, Hansen; Chairman Wittaker;
staff members Brooks, and Bolen; and
City Attorney, Fred Anderson
F. Absent: Commissioner Ball
30 APPROVAL OF MINUTES
A. Minutes were approved for the meetings March 5th,
March 19th and March 26th 1974.
4. PUBLIC HEARING - Lone Change
461 ' ?C -7A ;Fletcher)
A request by Fletcher, Hansen and Parsons to change
an existing R-7, Single Family Residential zone
to a M-4q Industrial Park zone and a P-D, Planned
Development District zone. The site is located at
the southeast corner of S.W. 72nd Avenue and S.W.
!tarns Street, comprising 9,36 acres. (Tax Flap
2S1 1D, Tax Lot 900)
Staff Findings
A. Brookds presented the staff findings relevant
to this cases
Testimony and Cross Examination
A. Proponents
f
r la Robert Fletcher, one of the applicants
introduced the project architect, Don,
e PucherbaUgh, who explained the proposed
development. Hepointedout that a traffic
circulation study had been completed and
measures had been taken oche project plan
to meet the recommendation of this traffic
study. Improvements recommended on the
study include the widening of S.W. 72nd
to allow a left hand turn land for entrance
into the project and agreement to improve
Darns Street by an L.I.O. The landscape plan
attempts to retain as much native vegetation
as possible and provides a 40 foot buffer
strip on 72nd to visually insulate the Rolling
Hills Residential area from the proposed
project. Mr. Puderbaugh stated that County
had approved the proposed drainage plan for
the subject site.
a6 Quostions
1. Mickelson asked Mr. b1deTWorkh if the
tmQnt
Washington County Pu
had forwarded their approval of the storm
drainage plan for the project to the City
of Tigard.
2. Mr. Puderbaugh said that Washington County
had approved the drainage plan but: the City
public works staff has not yet been notified
of this approval by the County.
3� Mickelson asked if a bank was still being
considered for the project.
4. !bra Puderbaugh said that a bank is shown
in the project but it is not known for certain
if a banking firm will choose to locate
there,
5. Whittaker osked what street improvements
are being proposed
6. Mr. Puderbaugh stated that a half street
improvement on 72nd will be made to include
a widening to allow for a left hand turn
land. This widening and required dedication
will be made on the applicants side of the
addition the applicant will
right-of-way. In
agree in writing not to remonstrate against
a future L.I.D. improvement on 72nd Avenue.
7. Tony Maxim, 11-,, Ing on 72nd Ave. , asked if:
%plication had been made to the Oregon State
_Department of Environmental Quality for
the proposed parking area. Mr. Puderbaugh
stated the D.E.Q. will not review a permit
application until a zone change has been
approved.
Page 2 -minutes- 4-16-74
...
3., Eetr, aishoo, a r.as d&i-.--. r : um S.W. Darns
StrRet asked Mr. Puderbaugh if he did not
think there were enough banks already
serving this area and if proof could be
offered as to a need for a banking facility
at this location
9Mr, Puderbaugh said that Mr. Fletcher had �
this :information and would answer thio.
question later in the presentation
10. Mickelson asked how the common facilities
wouid be maintained,
,
ll. Mr. Puderbaugh said a legal document would
be provided which would guarantee maintenance
of common areas by the project owners.
12. Mickelson asked how many parking spaces
are shown on the plan.
13, Mr, Puderb:augh answered :380 parking spaces.
14. Mrs. Gould, a resident from S.W. Darns Street
north cf the project, asked if Darns Street
would be paved.
15'. Mr. Puderbuagh answered that the applicant
would take part in a local improvement district
to improve S.W. Varns Street.
3. Proponent
is Mr. Fletcher, one of the applicants, spoke
to a markt survey conducted concerning the
need for a bank at thi.3 location. He said
that there are 30 industrial firms within
a half mile employing 2000 people. The closest
bank is a little over one mile. Based upon
the existing and growing industial areas
there is a need for a bankatthis time,
20 Helen Metzger, Who lives across the street
from the proposed project on 72nd Avenue,
spoke ' in favor of the 'request stating that
this is the best use that could go onto this
Site.
b
3. Ralph Nelson a developer of industrial property
in 'the area,spoke in favor of the project
stating even though this land is shown for
general industrial use on the comprehensive
plan, office type development is the most
compatible use at this location.
rc
Page 3 Minutes - 4-16-74
`* 4. jack `;tevens, of Norr'. a5tel y
, v...ns Realty,
spoke in favor stating that there is a
need for office space in the Tigard area.
He pointed to his company's experience with
rental of office space in the Beaverton area
and stated that there is a definite need for
office space in the Tigard area.
5. Wiley Bucher, from the First State Bank,
spoke in favor of the project, saying that
his firm may be interested in placing a
bank facility in thia project.
D. Opponents
i. 89th Bishop, of S.W. Varna Btreet, said that
the existing plan shows a pedestrian bicycle
path an the east side of 72nd When the path
is actual.1y� needed on the west for children
to get to school. She stated her belief
that the applicant should put a path on the
west side of the street where current need
exists.
2. Brooks asked Mr. Puderbaugh if a path could
be built on the went. side of 72nd without
obtaining additional right-of-way.
3. Mr. Puderbaugh replied that yes according to
his study a 5 to 7 foot path could be constructed
without additional right-of-way.
4. Mr. Fletcher stated that this was the original
proposal made for the project and stated the
willingness of the applicant to move the path
from the seat side of 72nd and place it on the
west side.
S. Tony Maxim of S.W. 72nd, stated his opposition
to the project because of the impacts it Would
have upon the residential area: He stated: that
traffic would be increased and that the applicant
has not proven a need for the project or given
any thought to rush hour traffic or the need
for fire protection. Mr. Fletcher spoke in
response to Mr. Maxim's cominsnts pointing
out that a market analysis had been conducted
as well as a traffic survey.
b. John Persons one of the applicants, said that
he and his partner had been looking for office ,
apace in the Tigard area and being unable to
find any had resorted to constructing their
own and this projobt is therefore the result.
Hs stated there is a very definite need for
office space in the Tigard area.
Page 4 Minutes - 4-15-74 �
F
Staff kecomrnt ndation
Ae The staff recommended approval of the requested
zone changes subject to the completion of the
following conditions,-
1.
onditions,1. The property owner (s) shall dedicate to the
public 10 feet of additional right-of-- way parallel
S.W. 72Nd Avenue and adjacent the subject site,
2� The property owner (a) shall construct a half
street improvement, said improvement plans
shall generally fol.l.rju the recommendations
of the applicant's submitted traffic circulation
study, and shall be approved by the Washington
County Department of Public Works
3. The property owner (a) shall agree to participate
in a local improvemiignt district for the purpose
of improving S.W. Varns Street, said agreement
shall be executed as a recordable covenant
running with the land.
x
. The storm drainage plan of the site shall be
subject to the approval of the City of Tigard
and the Washington County Public Works Departments
5, The Property owner (s) shall submit forr review
and approval of the City AttornQv, a draft of
a Property Oa.+-,ems F,sa�ci +ti•-r ag>ee � to he
used if the ownership of the buildings isdivided, said agreerent to define the respon-
sibility for common area maintenance and to
assure access to each building.
6. prior to the issuance of building permits for
each phase of construction, the property owner (s)
shall submit to the City planning staff for
review and approval a detailed landscape plan
for each construction phase. Said landscape
pian-shall describe the size, location, and
spacing of plant materials and how said plana
materials are to be maintained
7. The property owner (s) shall construct' a 7
foot wide Paved pedestrian bicycle pathway
- within the 40 foot landscaped buffer for the
purpose of public transportation and shall
execute an easement agreement providing for
perpetual public access to said pathway.
8. The property owner (s) shall provide curbs
between all landscaped areas and parking lots.
Page 5 - Minutes 4-16-474
g. The ,operty owner _:, 11 constru. _t a ',ce
as provided by Section 18.60.100 (TMC) along
the southern property line adjacent that
southerly parcel of lanai currFntl.y occupied
by a single family dweili.ng„ Said fence shall
be constructed when the b�_i.i.ldings ov parking
areas adjacent said parcel are constructed,
Fence- in other areas; of the site shall. not
be required as per Section 18 56, 010 (TMC)
B. Hansen asked if the City Public Works Department
had looked at the feasi,bil.ity of a path on the
west side of 72""d HvelMe,
w
C. Brooks said no they hAd not.
D. Hansen asked how longthis path would be.
r
i
E� Brooks sail from Varns Street to C:h�rry Street
approximately goo to 11300 flet„
F. Ralph Nelsen, in the audience, asked .if the staff
were recommending an asphalt type path or a concrete
type sidewalk..
G. Brooks said that he was recommending a concrete
type sideW81k as has already been constructed
north of Varna Street" g
Commission Di..scuss.lon and Action
A. Uhittaker went, through the List of "Fasano"
requirements with the Planning Commission seeking G
a consensus whether the burden of proof had teen
met on each of the 7 questions.
B. No member of the planning commlGs:icsn voiced an
opinion that the burden of proof had not been
met on any of the "Fasano" requirements.
C. Sakata stated her belief that a path should
not be required on both sides of 72nd.
D. Nicoli said that a sidewalk should be recommended
on the west side but one is not needed on the east
especially since no sidewalk has been required of 4
developments to the South.
C. Hansen asked the applicants for their feelings
concerning the need for sidewalks.
F. Mr. Fletcher said he saw a need for a path on the .
west side of 72nd but not on the east side.
Page 6 Minutes 4-16-74
f
?, PlickF,.lson moved to .apori:.,vr, the requested f
zone changes based upon the fact that
applicants had met the burden of proof
required by "Fa.sano" and to include the
staff recommended conditions with the
change 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
cbscu ring fence spall also be deleted as a
7
condition. Barkhurst seconded the motion
and it passed by unanimous vote of the !
members present.
t
4.2 ZC 7-74 (Andersen & Fought) t
G
A request by H.A. Andersen and Joseph M. Fought to
change an existing R-7, Single Family Residential
zone to an M-4, Industrial Park zone. The subject f
property comprises 1.72 acres and is located on the f_
northwestern quadrant of the intersection of S.W.
72nd Avenue and S.W. 74th Aveneu (Tax Map 2S1. 1DC,
Tax Lot 800)
Staff Findings
A. Brooks presented the staff findings relevant '
to this case.
Testimony & Cross Examination
A. Proponents
r
1. Arlan Andersen, spoke for the applicant
stating that this zone change is necessary
to enable the logical development of this 4
entire portion of industrial land from 72nd
Avenue back to the railroad track. He said
that no impacts would be created for the
residential area to the north and that a 50
foot wide landscape buffer is being proposed.
The rezoning is proper because it conforms
with the Tigard Community Plan and the
adjacent land use and zoning.
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
plant is not allowed in an M-4 zone and
such a project is not being considered for
this site.
(r
Page 5-Minutes '- 4®16-74
TIGARD PLANNING COMMISSION
Staff Report
April 16, 1974
Agenda Item 4.1
ZC 2-74 (Fletcher)
Zone Change
For property at the southeast corner of S.W. 72nd Avenue and
S.W. Darns St. and comprising 9.36 acres. (Tax (dap 251, Tax
Lot 900)
Applicant _
Fletcher, Haussen and Parsons
Applicant's Request_
Aoproval of a change of zone classification from R-7 Single
Family Residential to an M-4, Industrial Park zone with
an overlying P.D. , Planned Development District zone.
Applicant' s Proposal
To construct approximately 100,000 square feet of 2-story
office buildings and a bank.
Staff Findings
1. See attached map for existing land use and zoning
patterns.
2. Please note the applicant's enclosed . "General Develop-
ment Plan and Program. "
3. The site is currently undeveloped:
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
;, on- another
uses that are l�ompat.L j-
with
b. To 'protect land designated for industry from encroach-
ment. by uses which are not compatible.
c. To encourage the location of industry that will
provide employment and that will broaden the tax
bass of the community.
T:
_ � '.
Staff Rep( Agenc Item 4.1 2 ZCk16, 1974
�_74 (Fletcher)
Policies and Standards of the General Industrial cat-
egory are stated as follows:
a. Use of planned unit development procedures is encour-
aged in order to better relate industrial develop-
ment with adjoining uses.
b. The planning commission will review the site plan of
each proposed development, as provided in the zoning
ordinance, in order to
evaluate the compatibility of vehicular access, signs,
lighting, building placement and designs, and land-
scaping with adjoining uses, both existing and pro-
posed.
C. Development will coincide with the provision of public
streets, water and sewerage facilities. These facil-
ities. 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.
S. The applicant' s request is in conformance with the Tiqard
Co��imunity Plan as an M-4, Industrial Park zone is approp-
riate within the "General Industrial" designation of the
Plan. The applicant's request conforms to the goals of
the Tigard Community Plan as well as Policies a,b, and c
of -the Plan' s General Industrial" category.
.6. The applicant has shown a community used for the land use
change proposed. There are few large easily developed
and similarly zoned parcels within the City able to accomo-
date an office park complex of the proposed magnitude.
7. The type of zoning and use proposed will have the least
adverse effect of any industrial use or industrial zone
one the adjacent neighborhood. The M-4, Industrial Park
zone is the most restrictive industrial zone in terms of
intensity of use and the office and bank uses, permitted '
in the M--4 zone, are the least intensive uses within the
M-4 zone. offices are compatible with both adjacent
industrial and residential uses. The offices proposed
are to be constructed at a residential scale and set back
a considerable distance from S.U. 72nd Avenue. They are
to be buffered from view of the residential area to the ,
west by a 40 foot landscaped strip. Increased traffic on
S.W. 72nd Avenue generated by the proposed development,
will have the largest adverse affect on the adjacent
properties.
{
Staff Rep(_ : Agenda"` Item 4.1 -3- A( ' 1 16, 1974
II ZG 2-74 (Fletcher)
B. Water and Sewer utility lines are available to serve the
subject property. A 12 inch water line is located in
S.W. 72nd Ave. and an 8 inch sewer line is located at the
intersection of S.W. 72nd Ave. and Sandburg St. There
is currently a moratorium on sewer connections in effect
until such time as the Unified Sewerage Agency's Durham
Sewerage Treatment Plant is operational. Some commercial
permits remain available and some new permits may become
available prior to the opening of the Durham Plant.
The subject moratorium is temporary. Construction was
commenced on the Durham Plant and said facility is schedul-
ed for completion during the spring of 1976. This will.
allow the applicant's proposal to be constructed within
a reasonable period of time. S.W. 72nd Ave. and S.W.
Varns St. , currently provide vehicular access to the
subject site. Neither street is adequate to carry the
increased traffic or accomodate left turn movements
generated by the proposed 'development. These streets
must be improved to accommodate. traffic generated by the
development. S.W. 72nd Ave. is a County Road while the
City has requested jurisdiction over Varns St. , also
currently a County Road. It is anticipated the City will .
possess jurisdiction over S.W. Varn St. prior to the
finalization of the subject zone change, thus allowing
the City to initiate a local improvement district for
the improvement of S.W. Varns St. A half street improve-
ment, because . the City cannot form an L.I.D. for improve-
ment of County Roads, is the most practical means of
providing additional traffic capacity and safety on
S.W. 72nd Ave. Right-of-way width on S.W. Varns- meets
City minimums, but a minimum 10 .foot dedication is
necessary to bring S.W. 72nd to City Collector street
right-of-way.
The applicant proposes storm drainage from the site into
the S.W. 72nd Ave. right-of-way. This will require
approval from Washington County.
9. The submitted General Development Plan and Program conforms €
to the previously approved Preliminary Development Plan s:
and Program as required by Section 18. 56.030 (d) (1)(A)
Tigard Municipal Code. The applicant has met all sub-
mission requirements of Section 18. 56.030 (TIBC) with the
exception that no draft of a document providing for the
maintenance of common facilities has been provided.
10. The submitted General Development Plan and Program
meets all standards set forth in Chapter 18. 60, Offstreet
Parking and -Chapter 18.64, Access and Egress, Tigard
Municipal Code; with the following exceptions:
I
Staff Re t Agen Item 4.1 -4- pril 16, 1974
ZC 2-74 (Fletcher)
Section 1B. 60.100 Landscaping, screening requirements.
( ',Required off-street parking shall be allowed in any yard
set--back, provided that the first two feet in from the
property line are maintained in landscaping, and provided
that any common boundary along which this parking is allow-
ed between a residential zone and any other zone is
screened by a fence obscuring the sight of normal adjacent
pedestrian and vehicular traffic, the erection of which
shall be the responsibility of the ownership in the f
nonresidential zone." '
Section 10. 50.180 Bumper rails and curbs. "Parking
t
spaces along the boundaries of a parking io'; shall be
provided with a bumper rail or a curb at least 4 inches
high located 4 feet within the property line. "
i
Section 18 64 030 Minimum requirements--Commercial &
Industrial Uses„ �
A project requiring over 250 parking spaces shall have
the minimum access requirements defined by the Planning
Commission. 1';
The submitted General Development Plan and Program provides
adequate site access and egress if S.W. 72nd Ave. and S.W.
Varns St. are constructed to City and County approved
standards.
11. The submitted landscape plan is necessarily general
because of the inability to accurately locate existing
trees in the heavy undergrowth. The concept is sufficient
for review as a component of the General Development
plan and Pro ram however a detailed landscape plan should r
be submittedgfor� Planning Commission review and approval -
as each phase is constructed. Said landscape plan indicates i
a footpath in the 40 foot landscaped buffer strip adjacent
S.W. 72nd Ave. As there is no assurance a pedestrian/
bicycle pathway can be' constructed on the western side
of S.W. 72nd Ave. due to restricted right-of-way and P
because such a facility will be necessary in the future
and is designated a need within adapted Tiqard Area
f
Comprehensive Pedestrian/Bicycle Pathway Plan, the staff k
feels the City should request an access agreement and the
applicant should construct a' minimum 7 foot wide paved
pedestrian/bicycle path on the easterly side of S.W. 72nd €
Ave. and within the 40 foot landscaped buffer strip.
Staff Recommendation <
Approval of the requested zone changes subject to the comple-
tion of the following conditions: �
■
Staff Rep-,F�c Agend • Item 4.1 -5- jril 16, 1974
ZC 2-74 (Fletcher)
1. The property owner(s) shall dedicate to the public 10 feet
of additional right-of-Way parallel S.W. 72nd Avenue and
adjacent the subject site.
2. The property owner(s) shall construct a half street im-
provement, said improvement plans shall generally follow
the recommendations of the applicant' s submitted traffic.
circulation study, and shall be approved by the Washington
County Department of Public Uorks.
3. The property owner(s) shall agree to. participate in
a local improvement district for the purpose of improving
S.W. Varna SLL- , said agreement shall be executed as a
recordable covenant running with the land.
4. The storm drainage plan of the site shall be subject
to the approval of the City of Tigard and the Washington
County Public Works Departments.
5. The property owner(s) shall submit for review and approval
of the City Attorney, a draft of a Property Owners Associa-
tion agreement to be used if the ownership of the buildings
is divided, said agreement to define the responsibility for
common area maintenance and to assure access to each
building
6. Prior to the issuance of building permits for each phase
of construction, the property owner(s) shall submit to the
City planning staff for review and approval a detailed
landscape plan for each construction phase. Said land-
scape plan shalldescribethe size, location, and spacing
of plant materials and how said plant materials are to be
maintained.
7. The property owner shall construct a 7 foot wide
paved pedestrianfbicyu.. s pathway within the 40 foot land
-
I for the purpose of public transportation
and shall execute an easement agreement providing for
perpetual public access to said pathway.
8. The property owner(s) shall provide curbs between all
landscaped areas and parking lots.
9. The property owner(s) shall construct a fence as provided
by Section 18.60.100 (TMC) along the southern property
line adjacent that southerly parcel of land currently
occupied by a single family dwelling. Said fence shall
be constructed when the buildings or parking areas adjacent
said parcel are constructed. Fences in other areas of the
site shall not be required as per Section 18.56.010 (TIBC).
r