Ordinance No. 78-79 CITY OF TIGARD, OREGON
ORDINANCE NO. 78-. 11_
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
GERALD V. MILLER, C.G. POTTER AND R.M. SCHAEFER FOR AN AMENDMENT TO
THE 1970 ZONING MAP OF THE CITY OF TIGARD CHANGING THE ZONE DISTRICT
FOR A TRACT OF LAND AT 10830 S.W. GREENBURG ROAD AND CASCADE BLVD. ,
AND DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 35B, TAX LOT 400, FROM
CITY OF TIGARD "A-2" MULTIFAMILY RESIDENTIAL TO CITY OF TIGARD "C-3"
GENERAL COMMERCIAL AND ADOPTING EXHIBITS "A" , "B" , AND "C" GR.7INTING
THE APPLICATION AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been
heretofore and are now classified as City of Tigard A-2
Multifamily Residential 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 October 17, 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 therefor hereto
attached and by reference made a part hereof, the Council adopts the
following substantive findings:
A. That the applicant is in conformance with the comprehensive
plan.
B. That there exists a public need to assign present zoning
designation to conform with the comprehensive plan.
C. That the proposed zoning is compatible with the surrounding
neighborhood.
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 General Commercial (C-3)
use is hereby approved, subject to the provisions of Chapter _8.28
(General Commercial Zone) of the Tigard Municipal Code so embodied in
or exhibited by the document submitted and identified as follows:
Exhibit "A" Legal Description
Exhibit "B" - Staff Report
Exhibit "C" : - Site Plan
And further subject to the following conditions :
1. That the developer submits construction and drainage
plans to the City Engineer prior to issuance of permits.
2. That there be dedication of ten (10) feet of right-of-way
with half street improvements between the frontage of the
applicant's property along Greenburg Road prior to
issuance of building permit.
w ORDINANCE No. 78--
ZC 19-78
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: BYUI�G��„fa,�us _ vote of all Council members present this
- -d' day of ���,s�,�,v< , 1978, after being read two
times by number and title only.
Recorder - i y of �gard
APPROVED: By the Mayor this day o.f ,,,�Z.�� 1978.
Mayor - City of Tigard
Page 2
cORDINANCE No. 78- 7
ZC 19-78
x
Order No. 26,7983
• 1
EXHIBIT "A"
A tract of land in the Northwest one-quarter of Section 35,
To-�xnship 1 South, Range l West of the Willamette Meridian, in
the City of Tigard, County of Washington and State of Oregon,
described as follows :
Beginning at the Southwest corner of the D. L. Graham Donation
Land Claim No. 52, Township 1 South, flange 1 West of the
Willamette Meridian, in the City of Tigard, County of Wash-
ington and State of Oregon, and running thence East along the
South line of said Donation Land Claim, 1007.9 feet to an
iron pipe; thence North 0°28' East 843.9 feet to an iron
pipe on the East line of that certain tract of land con-
veyed to Andrew Wormsborg by deed recorded on Page 9 of
Volume 201 of Washington County, Oregon, Deed Records, which
point is the true place of beginning of the herein described
tract; thence South 85058' West 396.67 feet to a 1-inch iron
shaft as reset at station 30+56. 2 P.O.S.T. of Washin;ton
County Road Plat No. 2043 (S.W. Greenburg Road) survey of
April 1967; thence along a curve to the right, with a radius
of 686.2 feet and a long chord which bears North 38°16'45
East 48.81 feet to a 3/4 inch iron pipe; thence along the
East right-of-way of said C.R. 2043 North 40°15' East 225.82
feet to a 3/4 inch iron pipe; thence South 74'24' East 228.29
feet to a 1-inch channel iron; thence South 00°16' West 121. 39
feet to a 1-inch iron pipe, the true point of beginning.
EXCEPTING THEREFROM the following described tract:
A tract of land in Section 35, Township 1 South, Range 1 West
of the Willamette Meridian, in the City of Tigard, County of
Washington and State of Oregon; and being a portion of that
tract conveyed to Herbert Olson, et ux, by deed recorded in
Book 649, at Page 240, Washington Cour.t_• Reccrds , described
as follows: -
Beginning at the Northwest corner of said Olson tract, a poi:_
in Greenburg Road and running thence Sou_r r x'20" East to the
:southeasterly line of Greenburg :.cad. bei_f zna true point
of beginning of the herein cescr'-ber ^ence South
74°20' East on the Porth line c-` said 41 =: _ract, 125.00
feet to a point; thence South:.-este_ly �c .-e Scur-h line of
said Olson tract to a point walc , bears 5°58' East
250.00 feet from the intersec_icr. c= ::ne ;cu_- line of said
Olson tract and the Southeas:ea:,-- of Greenburg
Road; thence .South 35'58' flies= Tec :G --he Southeas_e=--_
right-of-way of Greenburg Road; thence Northeasterly along tc_
Southeasterly right-of-way of Greenburg Roa6 tc the true poi:e
of beginning.
Y
STAFF REPORT
AGENDA 5.9
TIGARD PLANNING C0;11F1ISSION
October 17, 1978, 7 : 30 P.M.
Fowler Junior High - Lecture Room
10865 S.W. Walnut St. - Tigard, Oregon
Docket: zone Change 19-78
Request: For a zone map amendment from A-2 "Multi-family residential"
zone to C-3 "General Commercial" zone on a .401 acre parcel.
Location: 10830 S.W. Greenburg Road and Cascade Blvd. (Wash. Co. Tax
Map 1S1 35B, Tax Lot 400) .
Applicant: MILLER, POTTER AND SCHAFFER
1. Findings of Fact:
1. The site is designated "Retail Commercial" on the
NPO #2 Plan and is currently zoned A-2 "Multi-
family Residential" . The abuting western portion
of the applicant's property is presently zoned
C-3 "General Commercial" and is also designated
on the NPO #2 Plan as "Retail Commercial".
2. The subject site is presently vacant. Surrounding
land uses are Single Family to the south, designated
"Retail Commercial" and Greenway Area on the NPO r2
Plan. To the east, the subject property abuts
undeveloped property and Greenway area property.
To the. north is an existing Swift Mart Grocery Market.
On the west side of Greenburg Road across from the
applicant's property is an existing Industrial Use
office and shipping yard aV '8•esignated in the
NPO #2 Plan.
3. Water service is available to the site from the
Metzger Water District off of Greenburg Road.
4 . The site is presently served by the U.S.A. Sewer
from .its main line along Greenburg Road.
a
5. Access/egress will be provided off Greenburg Road
which is designated on the Comprehensive Plan as
arterial.
ii. Conclusionary Findings:
1. There exists a public need to apply City of Tigard
Comprehensive designation to parcels that have
other zoning designations.
2. The proposed C-3 "General Commercial" zoning request
is compatible with the surrounding zoning and is
consistent with the NPO #2 Plan intended land use. ,
STAFF REPORT
AGENDA 5.9
TIGARD PLANNING (rOMMISSION
October 17, 1978
Page 2
3. The NPO °2 Plan on page 26 states:
i`
e
"The third area of commercial development planned
for the Neighborhood is at the Greenburg-217 Inter-
change. This location is planned to serve as a
neighborhood convenience commercial center with
the peripheral sites also serving the transient'
demand at this location for highway commercial
establishments such as service stations and 1
restaurants as is presently occurring."
The subject property is part of the Greenburg-217 !:
Interchange Commercial Area.
i
4. The NPO #2 Plan on page 32 states:
i
f
"The results of this network test indicate that
Walnut Street and Tigard-Greenburg Road (north
Dakota Street) would function as arterials through
the Neighborhood. Tiedeman St. , Greenburg Road
south of North Dakota Street, North Dakota Street,
Commercial, Cascade and possibly Grant and Johnson
Streets would function as collector streets, and
all other roads would function as local streets. "
Page 34 of the Plan states:
"ARTERIAL STREETS
Purposes: to carry high volume traffic flora
and to connect major traffic
generating areas such as residential
neighborhoods, commercial centers,
industrial_ areas and nearby communities.
Arterial Streets Designated by the Ilan:
Pacific Highway TheeTigard-Greenburg
realignment.
Walnut Street
Hall Blvd.
5 Greenbu g Road is presently a 60-foot right-of-way
along subject property and is substandard with no
curb or sidewalk.
III. Staff Recommendations:
Staff recommends approval with the following conditions:
1. That the developer submits construction`and
drainage plans to the City Engineer°prior to
STAFF REPORT
AGENDA S.9
'T'IGARD PI LANN'ENG MNISSION
October 17, 1.978
Page 3
issuance of permits.
2 . That there be dedication of 10 feet of right-of--
wav tii'th half street improvements between the
perimeter of the applicant's property along
Greenburg Road prior to issuance of building
permit.
a
S
}
E
3
1
C'8..16856+sDo0 /�\�l bgF4 SEE MAP IS I 35AB
XL 65,
23 as
I S 1 35BA
O -�•- C_R. 823
' 74 fns
IQQ
'•iR•35e;.GGP.O.T---•+-O �a.0 9.p � 3��`; / .3.0$!�G
AP
K8S°4VIN n.sc,Cns. �. V, \ �:I v'' lr I ` 1^I `
102 Cts
23
sc. �� r/ 4 0
ti \ g,
C.S. 13017' .5Oc.(1J l Bu�
5a=°G9 W 10276' Tz }: _�•� ��/ / O
5-3
_,.. 19 .0 �w�' ag!. , "!�Q O
Ci.S. 3643 i'+- 1 / 358.8 T -1
:.s.13,905 3 140Q s o �} ; r - ----- \
r^ s s c� 1,. / j
{306 + JX
1300 �c'o
V. / / I0ss5 205 ? >
h _
1"p• f.43 .S c, L�.59Ac. 20G /.44Acr fig
a .' 4QAc
a, 200-A1 "ni +
Ih '2. Hsic ;! / N (C,S. No. 132461 'o
I~ 1500' 'yp 4Ty. `',,' — 160 a: NT •�
4c.140.0 '.10A� i3 1501 _ N 'I� 2
Ac. y 'to-�'il4
f
fj�v�i' min 100. EAS M h
C. 5402 _ _
=; �� - X203 1100 202 '<
;, __-- •,���• 2Ci!0 >sat. 0. 6+t. t0&Ac. 204
1602 oy
P. i ?a`g` J�;4o3.zOAc.
o'
" g8T A
Al
00 VIC
1, w 201 s661ow , C.S. "686' 0.4'9Ac. .Q d
•, .13,955, ,. l
27756' —.� /- _- - - - 2.2� Ac. C• ,• / _�
"0 1000 a'
M �. 1
1610 toe,1 +03 Qtsryy 2.08 Ac. l..e I. �Q '.nn 1.00.4c.!.'9 c t Js GTE+ �` C.S. 8465
r ru(C SNo 117C5j
dO e . / fG ,
a' 23^,.7'M L
x gg0�3iW
31z i> ° LOT 8
x oe N=ADOW VIEW
mm
225A Q,
z •. � 5E IaAP IS I 35CA -06'
q]'
ILI
Jlmi�r Z'
R.
(y"�a+
0
lool a
9 _ �'
Vo
—,;TPF k'T• t 'yo -So 7HLICE—DAVI01iC. CRAHAW DL ' No. 52-1 _
0
ADDENDUM TO ZONE CHANGE APPLICATION
1. Nature of the proposal and the reason for requesting the
particular action is to consolidate all of applicant's property
into a C-3 zone. The front .82 acre is now zoned C-3.
2. Tigard's comprehensive plan is for all of applicant' s
property to be zoned C-3.
3. The community need and public benefit is that the public will
benefit from the uses that are permitted to be placed on the
property in the C-3 zone.
4. The site fronts on Greeriburg Road and is adjacent to other
commercial development and is also at the Greenburg-217 Interchange.
S. This site is at a major freeway interchange and fronts on
a main arterial and is within the confines of Washington Square
that is attracting many shoppers now.
benefit and improvethe immediate neighborhood as
6. It will ben t
services will be provided that do not exist now; the general
appearance will be much up-graded.
7. It is not expected that our development will impose a
hardship on any public services.
8. It is the intent of the applicant to develop all of the
property, but it is not feasible to put residential units on
the rear of the property due to the configuratian.,and access
to the site.