Ordinance No. 76-28B CITY OF TIGARD, OREGON
ORDINANCE No. 76-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
RUSSELL R. AND MADELINE L. RIPLEY FOR AN AMENDMENT OF THE 1970
ZONING MAP OF THE CITY OF TIGARD, CHANGING A . 71 ACRE TRACT OF LAND
FROM C-4, NEIGHBORHOOD COMMERCIAL ZONING DESIGNATION TO C-3, GENERAL
COMMERCIAL ZONING DESIGNATION, GRANTING APPLICATION, AND FIXING AN
EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Finding that the lands described as tax lots 300 and 301
on Washington County tax map 2S1-10A are now classified
C-4 Neighborhood Commercial and further finding that pursuant to
prescribed procedures, the above-stated application for a zoning
map amendment was heard in public hearings held by the Planning
Commission on June 1, 1976, and all interested persons were then and
there afforded an opportunity to be heard, and thereafter the Planning
Commission filed its report and recommendations with the City Recorder,
a copy thereof, hereto attached and by reference made a part hereof,
recommending approval of said application and, further finding that,
after due and legal notice, a public hearing was held before the
City Council on July 12, 1976, and that at said hearing the applicant
and all other parties desiring to be heard were afforded an opportunity
to be heard and present andrebutevidence with respect to 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 to the text and map
of the Tigard Community Plan of 1971 as adopted;
and �_
b. That the applicant has shown a substantial community
need for his proposed development on the subject site
of his application; and !
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C. That the proposed zone map amendment will provide the
zone designation appropriate for that proposed pro- {
ject; and
d. That public sewer and water is available adjacent -to
the proposed site; and
e. That no additional impact on adjacent lands or public
services or utilities will he created beyond those
noted hereinafter and that mitigating conditions can
and shall be attached to approval of this request,
sufficient that no public burden shall be created by
this development; and
f. That the proposed location is most suitable and
appropriate for the commercial development proposed.
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 tax lots 300 and 301 on Washington County tax map 2S1-10A
for General Commercial (C-3) use subject to the provisions of Chapter i
18.28 (General Commercial Zone) and further subject to the following
conditions: I
1 . Tax lots 300 and 301 be combined into one tax lot . '
2. A total of two entrances be permitted into the site,
the location of which to be determined by the Tigard
Design Review Board at the time expansion of the
existing facility is proposed.
3. When the existing facility is expanded the present
parking lot and driveway will be brought up to City
Code, including paving and landscaping.
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: This aL day of J,,Z, 1976, by e.
vote of all Council members present, after being read -
three times by number and title only.
Recorder - City f Tigard E
APPROVED: By the mayor this �zk day of �/�4 1976.
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Mayor - City of Tigard
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Ordinance No. 76 _ �
MINUTES
Tigard Planning Commission
Pune 1, 197`6 - 7:30 P.M.
T[wality Junior High School - Lecture Room
14650 SW 97th Avenue - Tigard, Oregon
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1. CALL TO ORDER: The meeting was called to order at 7:40 P.M. by
Vice Chairman Porter.
2. ROLL CALL: Present: Goldbach, Nicoli, Phillips, Popp, Porter, Sakata,
Krause.
Staff: Daniels, Laws !�
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Excused Absence: Tepedino, Moore
3, APPROVAL OF MINUTES: Phillips moved and Sakata seconded to approve the
minutes of May 18, 1976.
4. COMMUNICATIONS. Staf" reminded the Commissioners of the requirement that they
file with the Oregon Government Ethics Commission a statement
of "Economic Interest" and if they had not done such as yet
they should do it immediately.
5. PUBLIC HEARINGS:
` 5.1 ZONE CHANGE ZC 6-76 (Ripley's Maple Shop)
A request b, Russell Ripley for a zone map amendment to change the
zoning designation from "C-4, Neighborhood Couu-nercial" to "C-3,
General Commercial", on a .71 acre parcel on SW Pacific Highway between
SW McDonald and SW Canterbury Lane Nash.Co. Tax Map 2S1 10A, Tax Lots
` 300 & 301).
A. Staff Report: Read by Daniels.
B. Applicant Presentation: Mr. Ripley, the applicant, gave a brief
history of the site and the proposal for site development stating
the need for a furniture store at this location.
° Nicoli asked Ripley if he would be reducing the access to
the site which presently has three access points.
° Ripley stated two entrances would suffice for his needs.
Krause asked staff the next procedural step the application would
take, would it go before the City Council?
° Staff responsed affirmatively, if the application were
reconunended for approval by the Planning Commission.
° Krause further stated he felt the visual presentation by
the applicant was somewhat nebulous in terms of the site plan
submitted.
C. Public Testimony: None
D. Staff Recommendation: Daniels instructed the Commissioners
there were three options available in approving or denying
Page 2
P C Minutes
June 1, 1976
the application - (1) recommendation for approval could be made
on the basis of conformance with policies in the plan, i.e, limited
strip couunercial on 9914 - (2) Denying the proposal on the basis
it lacked conformity to the plan map - or (3) table the matter until
NPO #6 Plan is adopted.
Staff then recotunended approval subject to the following conditions:
1. Lots 300 and 301 be combined into one tax lot.
2. One of the existing access points to the entrance drive be
eliminated.
3. 1-7hen existing facility is expanded the present parking lot
and driveway will be brought up to City code including paving
and landscaping.
E. Rebuttal: None
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F. Commission Discussion and Action:
• Popp asked that staff clarify the existing zoning in relationship
to the plan as it reflects to the Baker decision.
° Nicoli asked if "Grandfather Rights" applied to this property.
• Daniels informed the Conanission the site had already been
expanded the 207 that is allowed under a non-conforming use.
° Porter stated he felt waiting for NPO #6 Plan to be adopted �
was an unreasonable proposal and the proposal, in his estimation,
was in keeping with the intent of the community plan and due to
the nature of the business it would riot have any adverse traffic
impact on Pacific Highway.
° Porter moved, to approve application with staff conditions and
Coldbach seconded.
° Motion approved 6 to 1, Sakata abstaining.
5.2 CONDITIONAL USE PERMIT CU 13-76 (R.O.K./Stock)
A request by Jerry Scott and Richard Kiser to locate an automotive
repair business in an "M-4, Industrial Park" zone at 9035 S14 Burnham
Street (Wash.Co. 'Pax Map 2S1 2AD, Tax Lot 1600). (Tabled from 5/18/76 mtg.)
A. Staff Report: Read by Daniels.
B. Applicant Presentation: Jerry Scott, the applicant, stated the nature
of his business and that he felt the existing business was compatible
with the surrounding land uses.
C. Public Testimony None
STAFF 1IEPORT ( {
Tigard Planning Coh ,,.fission
5une 1, 1976
Agenda Item 5. 1
DOCKET: ZONE CHANGE ZC 6-76
REQUEST: A zone map amendment to rhange the zoning designation
From "C-4, Neighborhood Commercial" to "C--3, General
rart� Commercial" on a . 71 acre parcel
LOCATION: On SW Pacific Hwy. between SW McDonald and SW Canter-
bury Lane. , (Wash. Co. tax map 251 10A, tax lots
300 and 3O1) .
APPLICANT: Rossell R. & Madeline L. Ripley (Ripley 's Maple Shope
BASIC FACTS:
1. The site is designated "Residential Commercial" on the Tigard E
Community Plan and is presently zoned 11C-4, Neighborhood Commercial". f
2. Section 18. 28.010 of the TMC provides for furniture stores as an !
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outright permitted use in the C-3 zone, whereas it is prohibited
in the C-4 zone.
FINDINGS:
I. The zoning was changed for this site in 1965 from "A-2, multi-
family residential" to 11C-3, General Commercial". In 1967, with
the• adoption of a new zoning ordinance, the property was legis-
latively rezoned to A-2. In 1970 the property was again legis-
latively rezoned to "C-4, Neighborhood Commercial" to taper off ('
the "strip commercial" along 99W and conform the zoning to that
existing on the west side of 99W.
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2. The' applicant has -requested a change in zoning to allow expansion
of an existing non-conforming use.
3. Furniture stores tend to be low traffic generators and are more
compatible on high capacity arterials than high traffic generators
on smaller parcels.
4. The applicant proposes to buy tax lot 300 and is planning to j
expand onto it, thereby consolidating the two separate lots and
precluding an intensification of the small scale commercial uses
allowed in the C-4 zone.
5. The proposed addition would be approximately 1401 from Pacific
' Y. This distance provides an adequate setback and creates an k
appropriate amount of open space between the buildings and pacific
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6. The current operation is a specialty store handling only early
^merican/traditional furniture.
page 2
PC Staff Repel-
6/1/76
Item 5. 1
7. The surrounding land uses are a vacant lot, a realty office and
a residence.
B. The' current undeveloped site is an overgrown, unkept lot sloping
up from Pacific Hwy. with access along a frontage drive.
9. Access to the existing store is provided through two curb cuts
off of Pacific Hwy. With the addition of the access provided by
'UI-.rGG _-cccss noj i is �,�nuld be existing. An operation
lot JUU, Vui vc ca..,_, �--_
such as the one conducted on the site can be accommodated will
one access point and the public safety would be enhanced by a
reduction in the number of conflict areas.
10. A substandard gravel driveway and parking area presently serves
the site. Section 16. 60.170 of the TMC requires these areas to i
be fully improved.
11. No expansion of the use would be allowable if the zone change is
not approved since it has expanded the 20% allowable under
Section 18.68.030 of the TMC applying to non-conforming uses.
12. The residential commercial designation in the TCP is intended to
accommodate higher density dwelling structures, including high
rise apartments, combined with a range of compatible office and
business uses. The TMC has no corresponding zoning designation.
NPO IY6 will be reviewing this problem later this year as they
develop the detailed plans for this area. Until the pian is
amended by NPO `-6, the C-3 zone appears more compatible in that
it requires larger lot sizes and lists all high traffic generators
as conditional uses. This zone, therefore, more nearly conforms
to the Comprehensive Plan than the C-4 zone. The latter zone allows
smaller lots (6,000 sq. ft. compared to 30,000 sq. ft.) , less
highway frontage per lot (60 ft. compared to 150 ft. ) and several,
high traffic generators (such as quick stop markets) as permitted
uses.
STAFF RECOMMENOATION
To be advised at close of public hearing
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FARM HOUSE MAPLE SHOP
14170 SW. Pacific Highway
Tigard, Oregon 9]223
April 30, 1976
SUBMITTF,D TO: Tigard Planning Commission
1. We are negotiating the purchase of tax lot 300 for the purpose of
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acquiring additional property for a planned expansion of our exist-
ing store. It is our intention to add additional sales area on the !1
northeast- side of our present structure for the retail sales of }
furniture and related products. For this to be done, we are request- s
ing a zone change, on this property, from the present C-2 to our j
required C-3. The consummation of our purchase agreement is contin-
gent upon the Commission's approval of this application.
2. Our proposal of land use should conform to the comprehensive plan
of the Cotiunission since it will not materially alter the statusquo.
The main difference will be the size of the property devoted to a
business vhich is already in operation. A favorable change will be
our plans to reshape the two lots into a beautiful frontage with
lawns, trees and shrubs on a well-landscaped terrain. The completed
project- will have ample space for parking, building and landscaping
which will be a credit to Tigard's total look. We feel that our
operation fits well into the overall continuity of the area.
3. We see Tiard's business community as a complete resource for the
area residents' needs. In this regard, we wish to provide one of
the finest home furnishings outlet in Oregon specializing in early �
american, traditional and country casual designs. '
With the continued growth of Tigard and its surrounding area, we feel
we must expand our stock to keep current with demand, while offering
a varied selection for our customers' individual preferences.
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4. Our development of this property should enhance all adjacent sites
and increase valuation of property in the area.
We will be better able to serve the community's needs with. the added
square footage of the building. Easier access to the store and better
parking will be an added result.
This location is adjacent to our present lot and is the natural
uld go. We discounted an expansion within
direction our expansion sho
the confines of our presently-owned property. Even though this would
be far more economical, it would not provide the uniformity of design
that we desire.
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Tigard Planning Commission - 2 - April 30, 1976
V4e wish to join to the northeast side of the house, which formerly
was the entire store, an addition to match the one recently added
to the southwest side. This will give the total building a more
uniform and pleasing appearance. This could not be accomplished
with an expansion in any other direction.
6. There would be little effect to adjacent sites by our use of this
property. The majority of the proposed addition would be confined
to our existing property which has maintained a C-3 business for
almost 20 years. Lot 300 would mainly be used for easier access for
customers and delivery vehicles. Additional parking might also be
provided by this lot.
The existing terrain would not be materially altered except for a
manicuring of the present overgrowth and a planned replanting of
shrubs and lawn.
We do not plan to do any building nearer Pacific Highway than our
present structure.
7. There should be no new public services required than are already
available.
Respectfully submitted,
FARM HOUSE MAPLE SI40P
Russell R. Ripley
Owner
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