Ordinance No. 78-41 CITY OF TIGARD, OREGON
ORDINANCE NO. 78. ,q t
ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY OSCAR H.
CLARK FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD,
CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT 7540 S.W. HUNZIKER
AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 2DB, TAX LOTS 101 and 102
FROM "R-7" SINGLE FAMILY RESIDENTIAL TO "C-P" COMMERCIAL-PROFESSIONAL
AND ADOPTING EXHIBIT "A" , GRANTING THE APPLICATION AND FIXING AN
EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION l: Finding that the lands hereinafter described have been
heretofore and are now classified as "R-7" Single Family
Residential and further finding that prusuant 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 June 6, 1978,
and all interested 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 therefore
hereto attached and by reference made a part hereof, the Council adopts
the following substantive findings:
1. The proposed "C-P" zoning conforms to the NPO #5 Plan and
2. That with the attachment of appropriate conditions the
adequate provision of public services to serve development
of the site can be assured.
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 in the attached Exhibit "A" , for Commercial-Professional use
is hereby approved, subject to the provisions of Chapter 18.40 C-P
(Commercial-Professional Zone) of the Tigard Municipal Code so embodied
in or exhibited by the document submitted and identified as follows:
Exhibit "A" : - Legal Description.
SECTION 3: : This ordinance shall be effective on and after the 31st day
after- its passage by the Council and approval of the Mayor.
PASSED: BY 7u Yr4c9rvrwu S vote of all Council members present this
„2L day of Ju.*1 e , 1978, after being read two
times by number and title only.
Tffr0RDER_- CITYTIGARD
APPROVED: By The Mayor this 2(, day of �,, e , 1978.
Mayor - City of Tigard
Page 2
ORDINANCE NO. 78- J41
ZC 12-78
OSCAR H, CLARY. t tX7 IP
7.C12--78 t
Tax Map 2S(-_ IDB, fax Lots 101 and 102
x
LEGAL DESCRIPTION
A parcel of land located in Sec. 1, T2S, R1W, W.M. and more particularly
described as follows:
The South 80.0 feet of the following described property. Beginning `
at a 2" iron pipe marking the initial point of "Rolling Hills" which ,
is N010 04' 30" E 1901.68 feet and N 880 49 ' W 30.00 feet from the
Southeast corner of W.W. Graham D.L.C. #39 and running thBnce N 890
00' 02" W 22.53 fee8 to a point; thence No 59 ' 58" E 38 . 5 feet to
a point; Thence N60 36' 21" W 109. 80 fe :t to a point on the Westerly
R/W of the State Highway; Thence N320 48' 35" 19 321.58 feet along said
R/W to a 1/2" iron rod and true point of beginning of the parcel herein
described; thence continuing along said Westerly R/W 118.23 feet to an E.
iron rod; Thence N560 14' 56" W 220. 59 feet along said R'W N 730 31'
21" W 52.52 feet along said R/W to and iron rod on the East line of
N Gerlock property thence 50 43 ' 39" W 233.10 feet along said East Line
to an iron rod; Thence S 890 16 ' 21" E 300. 87 feet to an iron rod on
true point of beginning of the property herein described.
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' MIMUTES
TIGARD PLANNING COMMISSIOX
June 6, 1978
Page aS
Corliss liked the plan.
Popp was concerned over small lots.
Wood made a moticnfor approval based on staff findings and
recommendationsl
Rossman seconded The vote was unanimous.
.3ONE CHANGE ZC 12-78 (Oscar Clark) NPO 5
A request by Oscar Clark for a Zone Map Amendment from R-7 "Single
Family Residential" to CP "Commercial Professional" for a 1 . 01 acre
parcel at. 7540 SW Hunziker (blash. Co. Tax, flap 2S1 20B, TAx Lots
101 and 102) . °
A. Staff Report read by Laws.
8. Applicant's Presentation : David Wedge, 6310 SW Burlingame Ave. ,
stated there was industrial develdpment to the north of this
site, the property 'was best suited for Commercial Professional;
it would halt tte strip development in Tigard; and would best
meet the commjnity's needs.
C. Public Testimony
Opposition: William Fray, 7505 SW Crestview, stated their homes
were built predicated on R-7 zoning and it should remain
residential.
Ray Ames, 13400 SW 76th, stated a detailed site plan was needed.
D. Staff Recommendation:
Based on Findings of Fact and Conclusionary Findings, Staff
recommends approval.
Wedge stated it wasn't feasible to develop only .part of the site;
an adequate visual buffer could be put in; this was the best plan
possible for _tax dollars; the integrity of the area would not be
distorted.
Ames and Fray felt the provision of sewer would increase the
property value and the home ohthe site should be preserved..
E. Commission Discussion
Popp Felt an error was made when the R-7 zoning was changed to
A-2; the commercial development would encroach into the area dnd
he was opposed.
Wood, Sakata and Rossman and Corliss stated it was zoned Commerci;
Professional on the Comprehensive Pian.
Sakata moved for approval based on staff findings and recommendat:
The motion passed.
® YID®
STAFF RI )1ORT ' (: l
AGENDA 5.3
TIGARD PLANNING COMMISSION June 6, 1078
Fowler Junior Iiigh School - Lecture Room
10865 S JV. Walnut _ Tigard, Oregon
.Docket- Zone Change ZC 12-78
Request : For a zone map amendment from R-7 "Single Family Residential"
to CP "Commercial Professional" for parcels totalling
1 .01 acres.
Location: 7540 SIV Hunziker (Wash. Co. Tax 14ap 2S1 2DB, Tax Lots
i01 and 102) .
Applicant: Oscar Clark
I . Findings of Fact :
1. The site is designated "Commercial Professional" on the
NPO #5 Plan and is currently zoned R-7 Single Family
Residential.
2. The applicant is requesting to upgrade the zoning on
the property from the existing R-7, Single Family
Residential zone, to CP "Commercial Professional".
3. The NPO r5 Plan ?lap designates this parcel for
Commercial Professional Development. The Plan Text
states that the Rolling Hills Residential area which
abutts this site should be protected from the industrial
development occurring around it by:
(1) Providing a stepping down of the intensity of
industrial use in adjacent locations.
(2) Employing strict site development standards that
insure compatibility.
In addition, the City wide plan policy that development
coincide with the provision of adequate urban services.
4. Nater service is available to the site from the Metzger
Water District's six line in S.W. 72nd Avenue.
Sanitary sewer service is approximately 100 feet west of
the- site era an eight inch line in S.N: 'Hunziker: This
line would have to be extended to the site to coincide
with development of the parcel.
5. The southern portion of thesite (Tax Lot 102) is occupied
by a single family residence which is on a septic tank
system, the remaining portion (Tax Lot 101) is vacant and
drops off toward Hunziker Street
STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING CO` (MISSION
June 6, 1978
Fowler Junior High School Le-hire Room
10365 S.V. C+alnut - Tigard, Ocegon
Surrounding land use is single family development,
Hillcrest Apartments Highway 217 and a vacant lot
to the south.
6. Access to the site .would be From State right-of-way
frontage for Highway 217 (.that portion commonly
referred to as S.W., HunziIcer Street) : along the
northeast property line.
II . Conclusionary Findings;
1 . The request conforms to the Plan Map designation for
Commercial Professional land use.
2. Sanitary sewer and water service are readily available
to the site.
III . Staff Recommendation;
Based on Findings of Fact and Conclusionary .Findings staff
recommends approval . F
1
N
ZONE CHANGE PROPOSAL - POINTS 1 THROUGH 7
1 ,
7540 S.W. Hunziker Road
1. This application proposes that the zone of the subject property
be changed from R-7 to Commercial/Professional, hereinafter desig-
nated C/P. The proposed change will develop the use for the property
most consistent with the needs of the city as prescribed by Neigh-
borhood Planning Organization Plan Number 5, hereinafter designated
NPO-5, and the Tigard Community Plan. As will be elaborated in the
succeeding paragraphs, a commercial professional zoning will result
in the most efficient use of the property, considering its proximity
to transportation and the needs of the surrounding residential com-
munities and industrial facilities.
2. Determination of the appropriate land zone for a parcel can be
made by applying to it the goals of the Tigard Community Plan and
those prescribed by the NPO-5 report. In making this comparison,
the neighborhood planning organization came to the conclusion that
the subject property could be appropriately rezoned C/P. The fol-
lowing points enunciated in the community plan and the NPO-5 are
compatible with the C/P use of the property:
A. A C/P development of the subject property will not conflict
with the established character of the area. The property
is outside and separate from the adjacent residential
area. Moreover, it would not be necessary to travel through
a residential area to arrive at the property, and as pointed
in later sections, its proximity to Hunziker, 72nd and
Highway 217 with their accompanying noise and sound would
be unsatisfactory for any residential use.
r.
Page 2
B. C/P zoning would not be disruptive to the natural features
of the area.. There are few trees on the property that would
be removed for construction. In addition, C/P zoning as
exemplified by surrounding developments, contains considerable
open space and landscaping, with structures as attractive
as many residential developments. C/P zoning would not
interfere with Greenway development or with any distinctive
topographical features.
C. The central location of the property is excellent for C/P
use. It adjoins Hunziker Road and 72nd which are planned
as major traffic routes as well as being very close to the
Highway 217 entrance and exit at 72nd. As indicated in the
comprehensive plan goal #4, heavy traffic is noisy, smelly
and dangerous for adjacent residential uses. C/P zoning
would act as a visual and area buffer to residential areas
to the south -
D. Community Plan goal #5 suggests the need for distribution
of commercial enterprises throughout the developing areas
in lieu of a central business district only. The property
is ideal for this. The property is over a mile from Pacific
Highway yet very easy to reach either by vehicle or on foot
from the residential areas to the north, east and south and
industrial areas to the northwest and south. The very -short
distance to these areas will reduce traffic conflicts, driving ;` , ,.::
distances, reduce the amount of resultant polution, and very
importantly, reduce fuel consumption. The site would be
easily,reached by a future mass transit system route.
E. As is provided in goal #6 of the community plan that ind-
YdcjC J
a
4
ustrial development must be an integral part of the com-
munity, so must C/P development give balance by providing
jobs and supplying needed services for that industry.
3. The goals of the community plan and NPO-5 as enunciated in #2
ably state the reasons that the public would benefit in C/P use of the
property. There is at present time insufficient C/P space available
in the Tigard area. Vacancy factors in the area range from nearly
zero to about 5% (Commerce Plaza has a current vacancy factor of
less than 5%) . The city of Tigard is looking toward a dramatic
growth rate in the future. The community plan itself anticipates
population of 115,000 people, several times the current population.
Business and industry are growing proportionately. Families, bus-
inesses and industries need the many services which can be supplied
within the permitted uses of the C/P zone. If the site were used for
a health clinic, it would be within easy walking distance from res-
idential areas on 72nd. It it were used as a public relations office,
it could be reached within three or four minutes from the industrial
areas to the north, west, and south. Moreover, the site permits
easy access from points north and south on Highway I-5 via Highway
217 to the 72nd exit. It would be very well suited for both users
and employees for a Tri-met bus route through the industrial area on
ffunziker Road, then south on 72nd through the industrial area to
Upper Boones Ferry Road. There is a community need and benefit for
adjacent properties to be compatible in use and particular zones to
be appropriate to their surroundings. , If the subject property were
zoned residential, it would be compatible with residential areas to
the south and northeast; however, the residents would be effected by
tr page
high volume traffic, noise and pollution from Hunziker, 72nd and
is
Highway 217. On the other hand C/P development/a medium use between
residential on one side and heavy commercial industrial zoning on the
other. It would not create the high volume traffic occasioned
with many commercial uses or heavy truck traffic characteristic of
industry. C/P zoning would result in parking and traffic pressures no
greater than those incurred if apartments were constructed on the site.
Moreover, if medium density residential were developed to act as
a buffer between low density residential and the busy highways, the
residents would incur the same traffic problems. As an example,
children would most probably have to cross Hunziker Road and Highway
217 via the 72nd overpass to go to school. It is in the public interest
to develop land to its best potential for the whole cummunity.
Requiring the land to remain low density residential would defeat
that purpose.
4. As expressed in previous sections, Tigard has changed greatly
in the last decade and all evidence points to continued growth in
the future. Residential areas have developed to the north, east and
south and industrial sectors created to the south of city center.
Tigard is no longer an agrarian town. To prevent Pacific Highway
strip city with a commuting exodus to Portland each day, seririces
located in C/P zones must be attainable adjacent. to the user areas.
More specific to the subject property, the constructing of Highway
217 has irrevocably changed the future use of the property. What
was a few years ago a quiet residential area is now a never ending
flow of freeway traffic and heavy truck traffic passing in front of
the property on Hunziker. Exit, entrance, and scheduled exit at 72nd
and Highway 217 with accompanying increase traffic flows noise pot-
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Page 5
'tion and surrounding development other than residential render it
undesirable for its current use but highly desirable for C/P uses.
Public services as indicated in item Number 7 have been developed to
serve the area properly.
5. The subject property is located within the major remaining
s
undeveloped area proposed by NPO-5 for use for C/P purposes. Other
C/P sites are either completely filled as that located at Greenberg
Road and Center Street, without the ideal freeway access or serve
other areas of the city as that site located at Hall Blvd. and High-
way 217 to the north of the city center. There is no area so con-
venient to industrial areas along Hunziker to the northwest and on
72nd to the south.
6. The effect of a zone change to C/P includes the impact on public
services including those described in question 7 below and the effect
upon visual appeal, increased traffic and polution of surrounding
neighborhoods, and the positive benefits of providing services and jobs
for the community. The use requirements placed upon public services
would in general be no greater than medium density residential or
other commercial zone types. As the site's probable use would be a
professional or commercial office complex, such use would require less
of the system. As an excmple, there would be little or no use of parks
or schools and often less use of utilities because of shorter use hours
and often fewer users per acre. Moreover, the uses would be less
intense as opposed to family electricity use, retail outlets with heavy
traffic flows and high lighting and heating costs, or industrial con-
sumption for manufacturing purposes. There is at this time no public
transportation on Hunziker Road or 72nd. Private vehicle or future public
transportation would not have to travel through residential areas to arrive
a
Page 6
at the subject property. The positive impact of services and jobs °
can not be over expressed. Tigard is too often a bedroom area for
Portland. Moreover, people living in the vicinity of the subject
property must travel into the center of Tigard or to Portland for
services that would be provided at a C/P site.
7. The effect upon and availability of public services as a result
of rezoning to C/P can be described as follows:
POLICE AND FIRE - The police and fire stations are located less than
one mile from the property by traveling on Hunziker Road.
WATER - Adequate domestic water use is provided by Metzger Water
District. Water supply for fire protection is supplied by Tigard
Water District, and 2 fire hydrants are located approximately one
hundred feet from the property boundary on Hunziker Road.
SEWER - Current sewage disposal is by septic tank, but an eight
inch sewer main runs to within approximately one hundred feet of the
property.
WATER DRAINAGE - The property slopes gently toward the east, and a
ditch travels from east to west along the property boundary into a
storm sewer near the property's edge providing excellent natural
drainage.
OTHER UTILITIES - Available at the property.
STREETS AND HIGHWAYS - Both Hunziker Road and 72nd are planned as
per policy No. 26 of NPO-5 to be widened to three lanes to accommodate
left turns, and 60' setbacks will be provided. These proposals and
property's location adjacent to Highway 217 result in a very accessible ,
property without undue interference to surrounding neighborhoods and
industry.
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