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Ordinance No. 81-02 CITY OF TIGARD, OREGON ORDINANCE NO. $ —,)- AN ~3-AN ORDINANCE ADOPTING FINDINGS�TYHOFFSPECT TIGARDTANUNF�INGCANION FOR AN EI'FECTIVE D�EDNLENT TO THE 1970 ZONING (Clyde Jacobsen) - PLANNING DEPARTMENT REFERENCE INFORMATION Tax Map 2S1 12A, Tax Lot 900, Project Address two hundred and fifteen (215) feet south of SW Bonita Road on SW 74th Avenue, File Number ZCPD 25-79, Present Zoning Designation M-3 "Light Industrial", Zone changed to M-4 "Industrial Park," Applicant Clyde V. Jacobsen, THE CITY OF TIGARD ORDAINS AS FOLLOWS SECTION 1: Finding that the lands hereinafter described are now classified as M-3 "Light Industrial," and further findings that pursuant to procedures, hearing held by the Tigard Planning Commission on October 28, 1980. All interested persons were afforded an opportunity to be heard at this public hearing and thereafter the Planning Commission filed its hed and reference made report with the City Recorder, a copy hereto attacn apart of. The Council adopts the following substantive findings: A. That this application is in conformance with the M-4 "Industrial Park" designation on the NPO #5 Plan which is a portion of the adopted Tigard Comprehensive Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Mpnicipal Code, this request for an amendment to the Zone Map of the City of Tigard is hereby approved subject to the provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "B", and "C" attached and made a part of this Ordinance. The zoning designation of the subject property is hereby changed to M-4 "Industrial Park. Exhibit "A"- - Legal Description, Exhibit "B": - Tax Map, Exhibit "C": _ Staff Report And further subject to the following conditions: 1• That five (5) feet of right-of-way be dedicated axu,�y ��, 74th 2. That site drainage and construction plans be approved by the Engineering and Building Departments prior to issuance of Building Permits. ORDINANCE NO. - `, %CpD 25-79 3. That the applicant dedicate to the City that portion of the floodplain which lies below the 135 foot elevation level. A metes and bounds �.. legal description and map shall accompany a dedication of public rigthts- of-way, parks, open space or floodplain areas and shall be prepared by a registered engineer or land surveyor. 4. Applicant to sign nonremonstrance agreement for the future improvements of 74th Avenue. Document to be approved by the Public Works Department. 5. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 6. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be ma.deih writing and shall include applicable drawings. 7. Applicant is to apply for a street opening permit prior to issuance of a Building Permit. 8. All existing and proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 9. All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 10 No Bulding Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. ll No minor land partitions shall be made in reference to this project unless formal application is made to the City of Ticiard Planning Department and the minor land partition is approved and recorded. SECTION 3: Inasmuch as it is necessary to the peace, health, and safety of the public that the foregoing zone change in the City's records become effective, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. PASSED: By note of all Council members present this day of ebs+t��,et �� 198 _, after being read two times by number and title only, Recorder ® City of Tigar APPROVED: By the Mayor this Cp� day of ���_� 1984 ayor - City of Tigard Clh'DIMMck, No. 1 , w, Ar 1p % 601 500 aL30Ac apNRA UNQAY SCH °sl xan r. seaas'w ,• ... � a �a� `r9t.a � ias IIAd ado 9, , w«Sr 00 N t T A e®o•a a._. _ r sass 1900 . ,_'',,;."s•'n,m°.na ., .� '�. �� a Z14AC. IBOO _ o .,,52ACo ;a `s' '� �a4A6. -i .B ti 1901—A1 600—AI s � d Im 5100 8-44A C 0.14' a 95" �• " . ... ` 'C mss _ .. • 6' "7 s ';2' s i � �a 1000 PAc. 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'` g�7.55� ' "1.a3�Ac. .W.Ar- "i O. -�• • i� i 1�. a � � `"` r r- 4700 4700 .•.Wx' ( � sta.zo' t; 42 . p �; 1400 /�� �-�r 1600 1.84Ac. to L84Ac. p CS, 13002 es 2 3 ax6�8T..a 4 s - i RPdts. lS f 3t5S.23' 1500 40 II23. 0 5 lop �:_ .. hobo order No. w 16448 L DESCRIPTION ttvR:t of land in Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the County of Washington, and State of Oregon, more particularly described as: Beginning at a point North 00 03' East 345.95 feet from the northwest corner of Lot 20, FANNO CREEK ACRE TRACTS; thence Forth 00 03' East 99.95 feet; thence North 89° 52' East along the south line of that tract conveyed to JOSEPHINE TAYLOR by Deed recorded in Book 355, page "M, Deed Records, a distance of 381.4 feet to the west line of County Road No. 1042; thence South along said road 100.2 feet to a poltit that is North 890 52' East 387.2 feet from the beginning point of this description;' thence South 890 52' West 387.2 feet to the point of beginning. 6 a STAFF REPORT AGENDA 5.2 -" _TSG�£��1,A.'dNIDI.O�ON-`12SSI OCTOBER 28, 1980 - 7:30pm F04LER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut, Tigard No submission of additional material by auplicant shall be made at the Public Hearing unless the applicant is requested to do so. Should this occur, l -requested, the item will be tabled ,anti l the following :searing. DOCKET: ZONE CHANGE PLANNED DEVELOPMENT DISTRICT, ZCPD 25-79 (Clyde Jacobsen General Plan Review) -NPO #5 APPLICANT: Clyde V. Jacobsen O''KNER: Same 15150 NW West Union Road Portland, Oregon 97229 REQUEST: For a General Plan Review with Zone Map Amendment from 24-3 "Light Industrial" use to M-4 "Industrial Park." LOCATION: Two hundred and fifteen (215) feet South of SW Bonita Road on SW 74th Avenue (Wash. Co. Tax Map 2S1 12A, Tax Lot 900) . PREVIOUS FICTION: On July 17, 1979, the Planning Commission approved a preliminary plan for this parcel (ZC 25-79PD) . At the same time a Special Use Permit- Sensitive Lands was approved. Applicant is now requesting the General 'I Plan Review (Fief. ZI 7-79) . I. FINDINGS OF FACT: See attached reference (ZC 25-79PD, Staff Report dated July 17, 1979) . Number nine (9) is no longer applicable as the floodplain has been reduced according to Corps of Engineers' more recent study. Number ten (10) must be changed to -reflect the fact that this structure will not have an adverse effect on the floodplain. II. CONCLUSI0NA.RY FINDINGS: The proposed land use is in conformance with the "Industrial Park" zoning .and designation. III. STAFF RECOMMENDATION: Staff recommends approval subject to the following conditions: 1. That five (5) feet of right-of-way be dedicated along S:a 74th. 2. That site drainage and construction plans be approved by the Engineering dnd,Building Departments prior to issuance of Building Permits.` 3. That the applicant dedicate to Ci that tion of the floodplain which lies below th ' 87.2 foot elevat el. A metes and bounds ` a e on and ansa s accompany a dedication of public ght -of parks, open apace or floodplain areas and shall be prepared by a registered engineer or land surveyor. MEMORANDUM SUBJECT: Planning Commission Staff Report for Clyde V. Jacobsen ZCPD 25-79, Agenda 5.2 for October 28, 1980. DATE: October 27, 1980 There is a correction under Staff Recommendation, item. #3. The floodplain elevation level should be 135 feet not 387.2 feet. i t Z i I j* STAFF REPORT AGENDA 5.6a and Con11SSION TIGA`'.D PLANNINC july 17, 1979 -- 7:30 P.M. Fowier Junior Ftigh - Lecture Room - 10865 S.W. Walnut Street m Tigard, Oregon ZC 25-79PD and Special Permit M 7-79 SET: Zone Change - . APPLICANT: Mr. Clyde Jacobsen - ®tr1NERe same 15150 N.W. West union 9Foad Portland, Oregoni APPVMNTION DATE: June 5, 1979 -Bonita Rd SZTE IQCATIONI: Tcso'hndre��Avenuet (Wash. Co.feet Tax flap 251£12A,.Tax Lot 900) . on 5-W. .74 REQUEST: For a Pre13.niinary plan and program review with a zone, MP amendment from a Mai "Light Industrial" use to M-4 "Industrial Park's and a Special use Permit to Place piling stri ' 12A, Tax cture in a portion of the floodplain ora the .90 acre Parcel (Wash. Co. .Tars Map 2S1 Iaat 900 1. FINDINGS OF FACT: "Light Industrial" and is 3,. The subject site is presently zoned M-3 Lig -.e . al Park" on the NPO 5 Plan_ designated as "Industri �. The applicant proposes to cares -t an ;.,d";trial facility of alspro�ira s ately 9,600' sq ft (see attached narrative dated June 4, 1379). The existing house will be incorporated into the industrial building . structure for office use. The was portion of the building will extend above the floodplain on thirteen pilings in the floodplain. �'he applicant is requesting the planned development review grad special Permit an accordance with Sections 17.56.010(B) and 18-57.040 of the Tigard MunicipAl Code. 3• Ap�.�l.scabl€: N3P0 f5 Policies for indaztrial LleveloQ�ent are s faller*mss: the area" policies 23 and 24 on page 15. mpf-awe of Industrial Zoning for A. The subject site consists of a single family houSewith s slopes from he eastto vegetation to the gest of the property. The topography y the west at about a seven percent glade. The 137' contour identifies the floodplain level (see attached plan). This contour also identifies the eastern portion of the greenway- _ S. Applicable policies from the Environmental pe!iSn and Ogen Space Plan ✓ 1n reference to the floodplain and greenway area: Policy #3 {Page lG}• Policy .#6 (page 11), and Policy 47 (page 13) STAFF REPORT ' AGENDA 5.2 - ZCPD 25-79 TIGARD PLANNING COINMISSION OCTOBER 28, 1980 Wig Page 2 4. Applicant to sign 'nonremonstrance agreement for the future improvements of 74th Avenue. Document to be approved by the Public Works Department, 5. No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the apprapriate department. 6. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 7. Applicant is to apply for a street opening permit prior to issuance of a Building Permit. 8. All existing and proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Department. 9. All streets and parking areas shall be concrete or asphalt. All k sidewalks shall be concrete. 10. No Building Permits shall be issued until the expiration of the twenty (20) day appeal period from the date of approval. 11. No minor land partitions shall be made in reference to this project unless formal application is made to the City of Tigard Planning Department and the minor land partition is approved and recorded. Aldie Howard' Planning Director AH/p s R CON 97 201 Lynn L. Smith, a. ,. a. 4001 S. W. ALTAOENA AVENUE PORTLANO. O 5036246-9498 October 2, 1980 Planning Commission City of Tigard i Re: Request for Planned Development H3 . Light Industrial T.L. #900 y T.L. Map #25112A ? MEMBERS OF THE CONIDIISSION: Tax lot #900 was purchased by its present Owner in February 1979 for the purpose of building.a 9600 square foot light manufacturing facility. Since this parcel is located in the floodplain region, our preliminary proposal included a special use permit for construction in the floodplain and a zone change for planned development. Both requests were given preliminary approval subject to several conditions. To comply with these conditions, the Owner has paid for engineered soils tests, a registered survey of the property staking the floodplain contour and a Geohydroligist report by Northwest Testing Subsequent to the above action, the of floodplain contour for this grope1351 + which is two feet lower than that rty was established at —' uittl. As roosal indicated to us at ry does not fall withinthedplainssathea speciaiauses permituisreult, orpnoplonger required. All other aspects of this proposal comply with established criteria for development in an 11- zone. The building proposed for this site is ideally suited to a light manufacturing facility which would be environmentally and at the same time make full utilization of an irregular land parcel, provide additional tax base and increased employment opportunity within the community. Since the square footage proposed for construction is--relatively small for the proposed occupancy, there would be minimal effect on public services serving this site. The proposed occupancy is presently allowable in the existing zoning and is fully compatible with the adopted comprehensive plan for the city, of Tigard. The Owner is prepared to effect the transfer of the 51 right-of-way along S.W. 74th and to dedicate that property within the floodplain to the City for inclusion in the greenway system. It is he would ed on t4ppositidea oftFannokCreekhand thus would properly h in this proposal. oppositee side Submitted respectifully for your consideration, 6(J :• Smi Ae .Ae r ^` '_.- . _ • ' ,•• ^ fir - _ . STA_rr.PEPORr . AGENDA 5.6a and 5.6b TIGABD PLANNING COIMISSION � I Sul 17, 1979 Page 2 �•® _ - . 6. Surrounding land uses consists of multifamily units to the west across the greenway, industrial uses to the north and east. To the south is. a siiegle family house and vacant property. The surrounding properties . a= designated 'Industrial Park" on the worth, east and south. The western area across the greenway is designated residential and multi.. . family. 7. The subject site is 220 feet south of the existing sewer line on S.W. Bonita. it is physically possible to install, the line and ample capacity for the service exists. Water service is available to the site. 0. Traffic circulation to the property will be served by S.rW._74th which fronts the subject property. S.W. 74th is a city street and it is designated as a local street on the NPO 15 Plan. The street is in substandard condition having inadequate paving width, no curbs or sidewalks and five additional feet is -necessary for street width. 9. The total amount of reduced storage capacity in the floodplain is fifteen. (IS) cubic feet. The area of floodplain that the pilings trill, occupy is the storage area where no water flow will.be affected. (see attached special use application for details) 10. The project will extend into the greenway. The structures will cause some displacement and interference of the water surface. . 11. CONCLUSIONARY PINDxxGs.* 1. 'rM proposed lased use is in conformance with the "Industrial park'r coning and designation. 2.. -The encroachment into the g' enway area is in violation sof policy #7 (page 13) of the EnvyircnrAnta? resign and Open Space Plan 2. The structures in the floodplain will displace the flood level capacity and may cause.turbulant water flow. X11. STAFF RECOMENDATION., Staff recommends denial of the preliminary plan and special use pest for the following reasons: 1. The -structures • into the greenway and floodplain will have a negativz . Affect on flood level water storage. The structure is encroaching into the. greenway which violates the ty�s Open Space Ordinance, i part prepared 13Y3. $ear lhy €port reviewed by; it, .arid _ ate City vlsrnier t► d iv e►;.o .+....