Ordinance No. 76-01 CITY OF TIGARD, OREGON
ORDINANCE No. 76-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
HAWES & ST. CLAIR IN BEHALF OF LYLE H. VAN DYKE EQUITY TRUST, FOR
AN AMENDMENT OF THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING
THE ZONE DISTRICT OF A TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL
(R-7) TO COMMERCIAL-PROFESSIONAL (C-P) ; THAT TRACT BEING LOTS 19,
20, 21 & 22, BLOCK 34, WEST PORTLAND HEIGHTS, A SUBDIVISION OF
RECORD IN WASHINGTON COUNTY, GRANTING THE APPLICATION AND FIXING AN
E_r:F'Fr.°i'TVF DATE.
THE CITY OF TIGARD ORDAINS:
Section n that the lands hereinafter described have been
V, 1: Finding :
heretofore and are now classified as Single Family
Residential (R-7) , pursuant to the provisions of the City of Tigard's
Zoning Ordinance and Tigard Ordinance No. 75-52, and further finding
that pursuant to prescribed procedures, the above-stated application
for a zoning map amendment was heard in a public hearing held by the
Tigard Planning Commission on November 25, 1975, and all interested
k' persons were there and then afforded an opportunity to be heard, and
thereafter the Planning Commission filed its report and recommended
approval with the City Recorder, a copy thereof hereto attached and
by reference made a part hereof, and, further, finding that, after
due and legal notice, a public hearing was held before the City
Council on January 12, 1976, and that at said hearing the applicant
and all other parties desiring to be heard were afforded an oppor-
tunity to be heard and present and rebut evidence with respect to
{f said application, and further, finding that, based on evidence,
both oral and documentary, and on the record of said hearing before
the City Council, the Council has made the following substantive
findings: €_
a That the application conforms with the text and map of
the Tigard Community Plan of 1971, as adopted; and
b. That the applicant has shown a community need for his pro-
posed development on the site herein described; and
` c. That he has shown there to be no adverse impact from his
j proposed development on adjacent sites, occupants, or
activities, i d' i
� .. or on the: immediate neighborhood that cannot
be mitigated successfully by attachment of appropriate
conditons; and
d. That tie proposed l�^:,alio» is most suitable for the anpli- �
` cant's proposed development; and s;
e. That public sewer and water are available adjacent the prop- �
t t the other necessary public posed site, and that y services p �
ordinarily available to commercial-professional zoned and
used sites are there available.
Section 2: THEREFORE, pursuant to the requirements of Chapter 18.88
of the Tigard Municipal Code, the applicant's request
for an amendment of the Tigard Zoning Map of 1970 to zone those lands
described as:
"LOTS 19, 20, 21 and 22 of BLOCK 34, WEST PORTLAND HEIGHTS,
a subdivision of record in Washington County, Oregon:
for COMMERCIAL-PROFESSIONAL (C-P) use is hereby approved, subject
to the provisions of Chapter 18.40 (Commercial-Professional Zone)
of the Tigard Municipal Code and further subject to the following
conditions:
from his
a. That the applicant agree to improve S. W. ..ti, ...._
property line to the centerline of that street the length
of his frontage on that street to City standards and
coordinate said improvements with those previously approved
by this Council on the side of S. W. 67th opposite the
lands herein described (Tigard Ordinance No. 75-27); and
b. That there be no access permitted from the lands herein
described to S. W. Hampton Street; and
c. That the applicant agrees to vacate S. W. Hampton Street,
if and when the S. W. 68th Parkway is completed south of
S. W. 68th Avenue.
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 vote of all Council members present this .
Lam,_ day 1976, after being read three
times by number and title only.
Recorder - City WTigard
APPROVED; By the mayor this day of , 1976.
Mayor City of Tigard
ordinance No. 76
On
STAFF REPORT
Tigard Planning Commission
November 18, 1975
ZC 15-75 (Hawes & St. Claire for Lyle Van Dyke/office building).
Agenda Item 5.2
ZONE CHANGE
A request by Hawes and St. Clair on behalf, of Lyle Van Dyke
to zone a parcel at SW 67th and Hampton Streets, presently
zoned Tigard R-71 single family residential, to C -?'
Co, tax map 251 lAd, -tax lot ", commer-
cial-professional, (Wash. 00)—
STAFF FINDINGS
1. Site proposed is designated on the. Tigard Cor_ nmunity Plan
and the Tigard Triang Plan (not adopted) as "commercial-
residential" and. "off ice .park", ,respectively.• -
2. - The site was annexed to the City of Tigard in September;*:.
1975, -bY Bou at
Order No. 846; Subsequently,' ;.
the lands subject to that order were recommended to be
rezoned R-7 by the Tigard Planning Commission (ZC 11-75)
on November 2, 1975.
3•
The site presently is vacant, but adjacent parcels are used
for single family residences. Across Hampton Street is the
Lamb-Weston Office Park and across 67th is a site recently
approved for a commercial building.
4. Both the Tigard Communit Plan and the Triangle Plan assume
that SW Hampton St. or part of it) and SW 68th will be the
major streets in this area. Neither plan shows Hampton
extending easterly of 68th as it now does, but rather
_advocate vacation of that portion of Hampton.
5. Staff, in its presentation of .findings with respect to
ZC 3-75, (Schultz property, across 67th from this proposal) ,
discussed the staff's concern about access to interior sites
in the proposed "super blocks" The Planning Commission, in
that case, opted to provide half street improvements which
would not foreclose the future option of closing Hampton St.
east of 67th. This project will necessitate some decision
with respect to that proposed street closure and vacation
as the site fronts on both 67th and on Hampton in the area
that would be vacated. It appears that actual vacation
at this time would not be advisable in of the-fact that .
the southerly extension of the SW 68th Parkway has not yet
been built. Staff has contacted Farmer's, through their
architect, and found that they may agree to vacation of
- ension of
Hampton between 67th and 66th, as long as the ext
68th is built .first.
Page 2
' PC Staff Deport
November 18, 1975 '
Agenda Item 5.2
6. The proposed project would gain its access from SW 67th,
which is not adequate, at present, to serve a commercial
building, although adequate right-of-way is there.
j. Improvement of 67th to an acceptable standard could be
coordinated with those for -the "Farmers Credit Union" f
i,,,ilding, previously approved, to achieve better cost
effectiveness.
i
Staff Recommendation
to be given following applicant's presentation
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MINUTES
/ Tigard •Planning Commission
November 251
1975
(meeting continued from November 18, 1975)
Tviality Junior High School. - Lecture Room
14650 .SW 97th Avenue, Tigard, Oregon
1. CALL TO ORDER: The Meeting was called to order at 7:35 P.m.
i
2. ROLL CALL: Members present: Ems, Nicoli, Sakata, Popp; Porter,
Wakem; staff: Powell
3. MINUSES: Minutes or Nu veil -
i er '* appi o v ad rvii i
Wakem's •vote on item 5.3 on page 5 to reflect that.
Wakem voted "aye" on the motion.
Correction of addendum to Minutes of October 7 meeting.:,
were approved.-".
4. COMMUNICATIONS: :._ Letter of resignation from Harris Hansen.was :.
read and accepted:
5. PUBLIC HEARINGS: Chairman Porter asked concurrence with an agenda
change to the following order: 5.2, 5.51 5.3,
5.4. The Commission concurred.
5.2 ZONE CHANGE ZC 15-75 (Hares/St. Clair on behalf of Lyle Van Dyke)
A. Staff Report: read by Powell.
B. Applicant's Testimony:
o Jack St. Clair presented his prepared responses to
the "Fasano guestions"o t
o Dick Hawes spoke in favor of the project and answered
further questions regarding need for this type of
project. j
C. Staff Recommendations: staff recommended approval based
on findings, on the conditions:
1. 'at applicant agree to improve SW 67th from -the
centerline to his property line and coordinate
that improvement with that proposed opposite.
✓Z. That there be no access to SW Hampton
��. That applicant agree to vacate SW Hampton St, if
and when 5W 68th Parkway be improved and to covenant
this agreement.
D. Public Testimony: None
t -
- G
page 2
PC Minutes
November 25, 1975
E. Rebuttal: Mr. St. Clair said he felt that access should
be a1-lowed to SW Hampton St. until such time
as the street is vacated.
F. Commission Discussion and Action
o Nicoli moved approval per staff recommended con-
ditions.
o Sakata asked if he would accept an amendment to add
a time limits and reverter clause.
o Iffakem seconded Nicoli's motion.
o.. ,Motion carried.- ' Ayes: Nicoli, Popp, _Porter,- 1,�akem;`-'
Noes Ems' and Sakata-
5.5: FLOOD PLAIN FILL PERMIT.. M 6-75 (A. W. Stewart).-I.;
A. Staff Report: staff report (attached) was read by Powell.
B. Applicant's Testimony: Mr. Stewart spoke in his ota-n behalf.
C. Staff Recommendation: Approval subject to Public Works
Director's approval.
D. Public Testimony: none
k
E. Rebuttal: none
F. Commission Discussion and Action '
o Motion_ to approve (Popp)
�f
k�
o Seconded (N-icoli)
o Motion carried unanimously F!
5.3 CONDITIONAL USE PERMIT CU 23-75 (Fahlman)
A. Staff Report: staff re ort attached read by Powell.
B. Applicant Testimony: Mr. Fahlman said held prefer to
speak later, but he'd answer any
questions. =z
C. PublicTestimony: none
D. Staff Recommendation: staff recommended approval on
conditions that: