Ordinance No. 77-67 CITY OF TlirAl',L, UiT,"O Y
O LIPNANCIE I C. 77-__
ORDIDTANCE ADOPTING 1111DING�, 7s ITT- RE"PECT TO AId APPLICATION B`f
RI=)r R. TAYLOR T'Ci't ANT AP211^1u NT TO T_'iF 970 ` WING MAP OF 'TTn' CITY
OF TIGAIRD, C1V,,N'GING THI' ZCNE DISTRICT C ' A TT!tCT CF I:."LNI-, 'rPICTED CN
M'�r?SI'.IP?GmOPd CCiTnrT.hr mn� r, 21 1 C c '1 v LOT 3 , ;'?}Cry r'-7 SrnrrT^
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FAQ?iLY Rt.:'Il%'NiiA.Z TO C_p CCit`I:CIAL ?�^C�''r�SSu"�Al .�^JD APCa TIrJG
Bir.", "A" .011) "1311 , GRANTING T'cM 1 P"T T('1 T rCN AID FIXING AN, PFFECTI VE
LATr.
THE CITY Or TIGARL ORDAINS AS FOL?OWS:
SECTION 1 : Finding; t'-iat the lands hereinafter described have been
heretofore and are now classified as 11-7 Single Fa,nily
Residential, and further finding that pursuant to prescribed proce-
dares, the above. stated aprlica.tion fo,- a . )nin�, map amendment- was
heard in a ,public hearing held by the Tigard Planning Commission on
June 7, 11977, to be heard, and thereafter the Planning Commission
filed its report ar_d recommended approval with the City Rec.crder, a
copy therefore hereto attached and by reference made a part hereof,
t' e Ccuncil adepts t:ae f'ol'.owing substantive f_indi.ngs:
A. The proposed zoning conform t-.rith intent and purpose of NPO "5
plan for that area in that:
1 . Permitted anC' conditional uses in a C-P, Commercial Profen-
ional zone would be compatible w� th existing land uses.
2.. Commercial-Professional uses would provide a smooth transition
between the existing residential and industrial development.
E. Sewer service and water lines are available to the site.
SECTIM 2: VEERSr Com, pursuant to the requirements of Chapter 1C.88
- of the Tigard Municipal. Code, the applicant's request for
an amendment of the Tr-gard. Zonin i01ap of 1970 to zone those lands des-
cribed in the attached Exhibitfor Commercia',,-Professional (C-P)
use is hereby approved, subject to the provisions of Chapter 18.40
(Commercial-Professional zone) of the Tigard Municipal Code so em-
bodied in or exhibited by the document submitted Lnd identified as
follows:
s
Exhiai t "All : LeGal Descriptio:
Exhibit "B": Staff Report
and further subject to the following conditions:
1. The zone change request, as submitted, be approved contingent
upon the sale of the 47. 14 foot wide
p parcel at the eastern end of
the property.
ZC 19-77 t
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2. 20 feet be dedicated along S.W. 72nd for street purposes.
3. The applicant wily. file With the Cl ty Recorder an agreement not
to remonstrate against a Local Improvement District (L.I.D. ) for
street improvements to S.W. 72nd Avenue.
4. A deed covenant be attached to the subject property restricting
vehicular access onto S.W. 72nd Ave.
SECTION 3: This ordinance shall become effective on the 31st day after
its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after being
read three times by number and title only this 25th day of
July, 1977.
Recorder City o ..-Tigard
APPROVED: By the Mayor this ,2s day of , 1977.
Mayor - City-Tigard 7�
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e
Page 2
ordinance No. 77--67
19-77 "`
LEGAL DESCRIPTION
PARCEL I
.(As shown on Survey for B & T Investment Co. - Dated
Beginning at the northwest corner of Government Lot 4, in Section 1, Township 2 South,
Range 1 West, W. M. Washington County, Oregon; thence: N-89015'37"-E 418.38 ft. along
the North line of said Lot 4; thence: S-00°31 '16"-W 341 .28 ft. to the northerly right-
of-way line of S.W. Sandburg St. ; thence: S-89°05'17"-W 419.48 ft. along said norther-
ly right-of-way line to a point on the West line of said Lot 4; thence: N-00042'00"-E
342.57 ft. to the Point of Beginning: EXCEPTING THEREFROM the West 20.00 ft. within
S. W. 72nd Avenue ( C.R. 472)
The above described tract contains 3.13 acres.
l
STAFF REPORT
AGENDA 5.4 !�,/aaTcetntJ
TIGARD PLANNING CO,d,..�d:.ION
June 7, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10565 S.W. Walnut Street - Tigard, Oregon
DOCKET: ZC 19-77
REQUEST: To amend the zoning ordinance changing the zoning desig
�� -
nation from R-7, Single Family Residential" to "C-P, Com-
mercial Professional" on a 41,
U acre parcel
17k
LOCATION: At the northeast intersectidn� of S.W. 72nd Avenue and
S.W. Sandburg Street (Wash. Co. Tax Map 2S1 1DC, Tax Lot
3700 and Tax Map 2S1 1DD, Tax Lot 200)
APPLICANT: • Riley R. Taylor
I . FINDINGS OF FACT:
1. The applicant is requesting to change a parcel of land 3. 13
acres in size from City of Tigard zoning R-7, Single Family
Residential to C-P, Commercial Professional.
2. C-P, Commercial Professional zoning permits the following
uses:
a. Permitted outright :
(1) Administrative, professional , and general offices,
E
including offices or organizations engaged in ac-
counting, architecture, editing, engineering, in-
surance, law, and realty;
e'
(2) Art galleries ; E
(3) Exhibit halls for commercial and industrial exhi-
bits; provided, however, that there be no sale of
stock or material from the floor, and provided
further that there be no warehousing or storage
either within or on the premises;
(4) Banks, building and loan offices, photographers,
and artist studios;
(5) Biological and medical laboratories, dental and
medical offices, and clinics;
(6) Commercial facilities related and incidental to
owever, that there
the uses permitted, provided, h
'F
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
June 7, 1977 - 7: 30 P.M.
Page 2
be no display or advertising other than specifi-
cally permitted in Section 18.40.070;
(7) General research not involving the manufacture, k
fabrication, and processing or sale of products
as listed in any "C" or "M" zone;
(8) Other non-retail commercial uses found similar to
the above by the Planning Commis::icn. (Ord. 70-
46 ®4, Exhibit A (part) , 1970: Ord. 70-32 @156-1., v
1970)
k
b. Conditional uses:
(1) Governmental structures or land uses;
f
(2) Lounges and nightclubs;
(3) Medium-rise apartment or office buildings (four
stories or above);
(4) Motels and hotels;
(5) Multifamily dwellings, subject to the regulations
and site restrictions of Chapter 18.24;
(6) Restaurants;
(7) Theaters;
(8) Limited commercial uses if integrated within of-
fice-park, including confectioneries, barber shops,
beauty shops, delicatessens, pharmacies, florist
shops, gift shoes, shoe repair shops;
(9) Similar ,uses if approved by the Planning Commis-
sion.
3• Applicable policies (yet to be adopted) - Neighborhood
Pl.a,nning Organization #5 test are as follows:
f
Policy 5: Insure that residential development is protected
from the incompatible features of industrial
land use by means of employing the following
land planning techniques
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STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
June 7, 1977 - 7:30 P.M.
Page 3
A, As industrial development approaches resi-
dential areas provide for a stepping down of
the intensity of industrial use
B. Provide protective buffers for residential €
areas by use of such natural features, such €
as the Fanno Creek Greenway
C. Where disparate land use types are closely
grouped together, employ strict site develop-
ment standards that insure compatibility.
Policy 24: Limit the amount of commercial development to
occur in the industrial area, allowing only
some growth of existing retail and service com-
mercial in the area.
4. During informal discussion by NPO #5 on appropriate land
uses for this site, they had responded favorably to certain
commercial-professional uses occupying the site.
5. Staff has contacted the City's legal counsel regarding the
zone change proposal 's conformance with the Comprehensive
Plan. It is his opinion that less intensive uses than
recommended by the Plan can be found to be in conformance
(Baker decision) . Secondly, the capability of land uses
allowed in the C-P zone would compliment existing land 3
a immediate area and therefore c'Mer
uses in the , therefore, au11C1 a to g0(JQ f
planning principles. Finally, the permitted uses in this
zone provide a tra_n_istion area between the established resi-
dential area to the ...est and the industrial development to
the east and south, thereby meeting the intent of the NPO
#5 plan.
6. An earnesti money contract-agreement between the applicant,
Mr. Riley Taylor and Mr. Don Byers, adjacent property
owner to the east for the purchase of 47.14 feet of Mr.
Taylor's property, is presently being negotiated. The ap-
plicant has been informed by staff that adjustment of the
east boundary line of Tax Lot 3700 is necessary to avoid
split zoning on the parcel. t
II . STAFF OBSERVATIONS:
1
The site is a vacant, relatively flat, open parcel of land with
single family dwellings fronting it to the west across S.W.
(
a
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
.lune 7, 3.977 - 7: 30 P.M.
Page 4
72nd. To the south are the First State Bank Service Center
and the Associated Computer Building, part of the Sandburg Cen-
ter complex. There is a vacant lot to the east, and to the
north is a large, thick stand of trees; an application for an
industrial park planned unit development (Hansen, Fletcher,
and Parsons) was approved by the City Council on this site.
A 12 inch water main on S.W. 72nd and ten inch line on S.W.
Sandburg are available to serve the site. Sewerage service is
presently available to the site with a sanitary sewer line being
located in the southwest portion of the lot.
Access to the site from S .W. 72nd is by way of a gravel (unim-
proved road) which traverses the lot along an east/west course.
S.W. 72nd along the west property is presently without curb or
sidewalk. S.W. Sandburg Street is an improved street with
curbs and sidewalks on the south side and a curb along the west
property line of the subject parcel. A curb cut and apron are
located in the southeast portion of the lot along S.W. Sandburg
Street.
III . CONCLUSIONARY FINDINGS:
1. The proposed zoning conforms with the intent and purpose of
NPO #5 plan for that area in that :
a. Permitted and conditional uses in a C-P, Commercial
Professional zone would be compatible with existing
land uses.
b. Commercial-Professional uses would provide a smooth
transition between the existing residential and indus-
trial developments.
2. Sewerage service and water lines are available to the site.
IV STAFF RECOMMENDATION:
Based on the staff observations and conclusionary findings, the
staff recommends approval of the request subject to the follow-
ing conditions:
1. The zone change request, as submitted, be approved contin-
gent upon the sale of the 47.14 foot wide parcel at the
4
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
June 7, 1977 - 7:30 P.M.
Page 5
eastern end of the property.
2. 20 feet be dedicated along S.W. 72nd for street purposes.
3. The applicant will file with the City Recorder an agreement
not to remonstrate against a Local Improvement District
(L.I .D. ) for street improvements to S.W. 72nd Avenue.
4. A One (1) foot access control strip be dedicated to the
City prohibiting direct access onto S.W. 72nd. Avenue.
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