Ordinance No. 81-04 f
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CITY OF TIGARD, OREGON
ORDINANCE NO. 81- A
k:
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT
TO THE COMPREHENSIVE PLAN MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. 4
(A70/80PL' MULTI-UNIT HOME FOR THE AGED' `
PLANNING DEPARTMENT REFERENCE INFORMATION V
Tax Map 2S1 2DA, Tax Lots 702 and 400, Project address abutting west side of w
Hall Boulevard and south of Burnham Street, File Number CPR 1-80, Present Zoning
Designation Raz Single Family Residential, 'Lone changed to A70/00PD multi-Unit
Homes For The Aged_, Applicant City of Tigard.
THE CITY OF TIGARD ORDAINS AS FOLL(YRS ;
SECTION 1: Finding that the lands hereinafter described are now classified as
R-7 Single Family Residential, and further findings that pursuant to T'
procedures, the abovestated application for a Comprehensive Plan Map amendment
was presented at a hearing held by the Tigard Planning Commission on January 6, 1981.
All interested persons were afforded an opportunity to be heard at this public
K" hearing and thereafter the Planning Commission filed its report with the City
Recorder, a copy hereto attached and by reference made Ca part of. The Council .,
adopts the following substantive finding: .
That the proposed'.zoning is compatible with the surrounding neighborhood
4-, as determined by the Tigard :Planning Commission and the NPO #1.
n, SECTION 2: Therefore, pursuant to the requirements of. Chapter 18.88 of the '.
Tigard Municipal. Code, this request for an amendment to the Comprehensive Plan ;
35; Map of the City of Tigard is hereby approved subject to provisions of Chapter
18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A "B",
and "C" attached and made a part of this Ordinance. The zoning designation
, . of the subject property is hereby changed to A70/80 Multi-Unit Home For The Aged.
Exhibit "A": Legal Description—Exhibit "B": Tax Map - Exhibit "C":
Staff Report
And further subject to the ,following conditions:
1. ` Development on Lot 400 -,4.80 acres and Lot 702 - 1.60 acres shall be revie-,red
by the Planning Commission and by the City Council prior to the issuance of any
construction permits.
2. Building Height is not to exceed eighty-five (851) feet. The parking
requirements may be adjusted as necessary to serve the needs of this
development realizing the makeup of its residents.
ORDINANCE NO. 81-
" , CPR 1--80
3. In consideration of the substantial value added to this property by this
Comprehensive Plan Revision, the developer of this property will include the
development of Lot 700, owned by the City of Tigard, to full park facilities
as approved by the Park Board and the City Council. This is to include the
area behind the Tigard Senior Citizen Center and contiguous with Lot 700.
4. The developer to pay a $500 application fee for the Comprehensive Plan
Revision.
SPCTION 3: Inasmuch as it is necessary to the peace, health, and safety of the
Public that the foregoing Comprehensive Plan 2evision in the City's j
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 unanimous vote of all Council members present this 26th day �
of January 1981, after being read two times by number and title
only.
Recorder - City'(:) Ti-c
APPROVED: By the Mayor this 26th day of January; 1981. v
Mayor - City of Tigard
i
Ordinance No. 81--A-A
CPR 1-80/Sturgis
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-:XT BIT "A" Tax Lot 400, Max Map 2S1 2DA CPR 1-80
That portion of land in the southeast quarter of Section 2, Township 2 south,
Range 1 West, Willamette Meridian, Washington County, Oregon, being more
particularly described as follows;
Part of the W. W. Graham D.L.C. No. 39, T. 2 S., R. 1 W., W.M. , conveyed
by Gay N. Bybee et ux to John Mackie et ux, by deed dated February 7, 1920,
and recorded at Page 530 in Book 114, records of deeds for Washington
County, Oregon. Beginning at a point on the West line of said Mackie
tract from which the S.W. corner of the East half of the George
Richardson, D.L.0No a 38 bears N. 20 26' E. 182.7 feet and N. 160 33'
W. 211 feet and N.. 45 E. 1235.5 feet from said beginning point, running
thence S. 890 00' E. 499.7 feet to the center of County Road No. 227;
thence in center of said road S. 10 30' W. 377.0 feet to the recognized
S.E. corner of said Mackie tract; thence S. 780 55' W. 308.0 feet; thence
s. 110 45' E. 42.2 feet; thence S. 780 15' W. 33.0 feet; thence
N. 110 45' W. 42.2 feet; thence S. 790 42' West 178.5 feet to a stone
at the recognized Southwest corner of said Mackie tractp* thence North
20 26' East 483.9 feet to the place of beginning. EXCEPT, that portion
thereof conveyed for public highway purposes to the State of Oregon,
which tract is known as S.W. Hall Boulevard.
Containing 4.80 Acres M/L
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EXHIBIT "A" Tax Lot 702, Tax Map 2S1 2DA CPR 1-80
That portion of land in the Southeast quarter of Section 2, Township 1 South,
Range 1 West, Willamette Meridian, Washington County, Oregon, being more
particularly described as follows: E
Beginning at a point in the Donation Land Claim of W. W. Graham [
and Wife, in Section 2, Township 2 South, Range I West, Willamette
Meridian, Washington County, Oregon 6.25 chains South and 4.50
drains West of the 1/4 corner between Sections 1 and 2, Township
2 South, Range 1 West, Willamette Meridian, said point being in
the centerline of State Highway #217 (County Road #227) ; thence
South 00 22' West along the centerline of State Highway #217
(County Road #227) to its intersection with the centerline of
County Road #567 (Omara St.) from which an iron pipe bears South
890 0' East 20.00 feet; thence North 890 00' West 515.30 feet
along the centerline of County Road #567 (OMara St.) to an iron
pipe; thence North 010 25' East 347.60 feet to an iron rod; thence e
South 830 01' East 112.30"'to an iron rod and true point of beginning
of the parcel herein described; thence North 00 22' West 50.40 feet
to an iron .rod; thence North 00 22' West 37.00 feet to the
centerline of Fanno Creek; thence North 560 50' East 43.20 feet ;
along the centerline of Fanno Creek; thence North 380 57' East
118.89 feet along the centerline of Fanno Creek; thence South
850 29' East 116.54 feet along the centerline of Fanno Creek
to a point; thence South 510 58' East 78.80 feet along the
centerline of Fanno Creek to a point; thence South 550 18' East
108.86 feet along the centerline of Fanno Creek to the West line
of State Highway #217 (County Road #227); thence South 00 22' '
West. 130.00 feet along the West line of State Highway #217 (County
Road #227) and 20.00 feet Westerly from the centerline to an
iron rod; thence North 830 01' West 380.00 feet to an iron rod Y
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and true point of beginning of the parcel herein described.
Containing 1.60 Acres
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STAFF REPORT
AGENDA 5.5
TIGARu PLANNING COMMISSION
JANUARY 6, 1981 .- 7:30pm
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 SW Walnut Street, Tigard
DOCKET: COMPREHENSIVE PLAN REVISION, CPR 1-80 (CITY OF TIGARD) NPO #1
APPLICANT: CITY OF TIGARD
LOCATION: Abutting west side of Hall Boulevard and south of Burnham Street.
(Wash. Co. Tax Map 2S1 2DA Tax Lots 702 and 400)
REQUEST: For planning Couuni.ssion and City Council review of a Comprehensive
Pian change which would create a specific zone, A70/80PD
Multi-Unit Home For The Aged.
I. FINDINGS OF FACT:
1. Chapter 18.20 Single Family ReSiA-ntial Zones - Section 18.20.020
Conditional Use Subsection (10) allows hospitals, sanitarium rest homes,
home for the aged, nursing and convalescent homes if the Planning
Commission following a public hearing .approves of these uses.
2. This Code Section dc-e!-� ny-ad0dr--sa--the issue of density. In a recent
application before the Planning Commission, a Conditional Use was approved
for a seventy-four (74) units hove for the aged on 1.60 acres. The
Comprehensive Plan. designates forty (40) units to the acre under A-4,0'
Multifamily Zones. This approval was for about double the A-40 density
in an R-7 Single F'anaily Zone The inconsistency-in the Code is obvious.
jsl 3. This Comprehensive Flan Revision has been initiated by the Planning Director
for several reasons.
A. To estallin - cpcu" z. e, Multi-Unit A7O/80PD Home For The Aged.
B. To establish the actual location of this zone due to development in
the iwuac7L ato ..-ea.-
C. To establishthZ sequ`rice of review for future developments in this
specific arta undcr tim Planned Unit Development Section of the Code.
4. At the present time, a porion of this property is zoned M-4 Industrial
Park on the 7nnP Man and M-4 on the Comprehensive Plan. This area is
north of F&nno Creek along Hall Boulevard, Tax Map 2SI 2DA, Tax Lot 400.
The other portion is zoned R-7 "Single Family Residential`! - the 1.60
acres south of Fanno Creek Tax Map 2S1 2DA, Tax Lot 702. It is on this
portion that the Conditional Use was granted for the seventy-four (74)
units. It is the intent of this Comprehensive Plan Revision to re-zone
these two parcels to Multi-Unit A70/80PD.
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STAFF REPORT
AGENDA 5.5/CPR 1-80
TIGARD PLANNING COMMISSION
JANUARY 6, 1981
Page 2
5. This area is appropriate for this type/density of development for the
following reasons.
A. A Conditional Use for seventy-four (74) units has been granted on
Tax Map 251 2DA, Tax Lot 702.
B. A significant amount of greenway/floodplain divides these parcels
and has been designated as a future park site.
C. To the east is floodplain which should not be built upon in the future
between Hall Boulevard and the Southern Pacific Railroad right-of-way.
D. To the north and west is industrially zoned property most of which
has been developed. This lessens the actual "density impact" because
no other residential zone abuts this property. The actual structures
proposed would not face this industrial area. Most of the industrial
activity would take place during daytime working hours and would
therefore not disturb the residents of this proposed development.
E. The Tigard Senior Center is being constructed in the immediate area.
The only other structure is a church just to the south of the initial
seventy-four (74) unit complex.
F. Hall Boulevard is a major collector and mass transit (Tri-Met) is
available. This site is very close to the Main Street Commercial/
Retail area.
II. CONCLUSIONARY FINDINGS:
1. This site is one of the most suitable locations for a development of
this type within the City.
2. The Planned Unit Development designations will insure that this project
is reviewed by both the Planning Commission and City Council at public
hearings.
3. By creating a very specific zone for development, the City can meet
an identified need for homes for the aged.
III. STAFF RECOMMENDATION
staff recommends approval of this Comprehensive Plan Revision for:
1. (A) Map 2S1 2DA, Lot 702 1.60 acres
(B) Map 2S1 2DA, Lot 400 4.80 acres
(Lot 700 - 5.08 acres belongs to the City of Tigard and is dedicated
to the Park Plan.)
Parcels A and B to be designated Multi-Units A70/80 Planned Unit Development
Home For The Aged.
2. Development on Lot 400 - 7.80 acres shall be reviewed by the Planning
Commission and by the City Council prior to the issuance of any construction
permits.
:
4 STAFF REPORT a"
AGENDA 5.5/CPR 1-80
TIGARD PLANNING COMISSION
AMIL
JANUARY 6, 1981
Page 3
3. Building Height is trot to exceed eighty-Five (851) feet. . The parking
requirements may be adjusted as necessary to serve the needs of this
development realizing the makeup of its residents.
4. NPO #1 shall review all development in this zone. Their comments shall
be made a part of the record.
Aldie Howard
Planning Director j
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of Stato ll hua• 217 (Cc,unt Road No. 22!) to its
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lntersaction xi.t:: the cantor '_Ino o+' "Wanly ;load Ito. 50s (Ora street)
(from which cn iron pip. bears youth 890 00' Eact 20 feat;) thenca
North 89a 00' Vont 5115.30 Coat along the center line of county Road
5C7 (Omar& street) to Pa iron pipe; thence North 01' 251 %art 20,00 IEE!
feet to an Iran on the Northerly boundary of County Road Ila. 567
(Cmara Stroe+t) and true point of ber; .:ainA of the parcel herein
dancri'r.ed; tic:;,, =lovox 0l' 251 t= 327.60 feet to an iron vcd; then
North RI* 251 •..ut 95.00 feet to a pint. in the center 11re of Yann:.
- Creek; tIvence Sou,lt 780 569 ,,ast 110.52 frier to a point Sr. the center
lips of Fanho Cr•rr thence Scath 00 22' East 87,40 feet tp an Iran
rod; thence South 03" 01' Enet 380.00 fe.t to An iron red or. the
Westerly boundary of said State Highway No. 2.17 (County Road No. ?27) i
and 20 fest from the center :Ina thereof; tnenca South 00 22' west
276.20 fact along the Westerly line': of State Highway No. 217 icouaty
Road No. 227) :lid 20.00 root Weartar�Y from the contsr line: ul' caid
State Highway )do. 217 to an iron pipe on the North boundary of CD',Mty
Road No. 567 Mnara Street): thence North 39" 00'.U01t 495,30 reef
along the Jtnrtth line of cot-ty Roved no, y67 to an trcr: rad &trio true
point of beginninP Of the parcel <<eroin teecrlbed;AT.SC EXCEPTING
'THEREFROM that portion convoyne to Noetl l;.a,.Neld"n and Mica, dnacribed • _ :._x�'
as f_^lloxa: t
Bez inning at a paint Ai thlr r} taboo i seal Cls"n of V. d Craha t I
and ;sl fa, rt ectlor, Toren h p 2 South , Panic l ro^.t, Vill[M.ett4
geridl n, 1,t,3.11. t.,n ..u�rtt, vz:;;;� r »i c.;lains "..ate: end.4.50 chalnt
West of the quarter cruor between ,Atom« I and 2. Towrinhip 2 Soutxl
Flange 1 West, W1.11—Imetl.o x3.ciran, ...1d point being in the oemlur #
line of State fhil,hway No. }17 (County Void No. 227) thicnce South
00 221 best along the cente;•r /,Inc^ of State Highersy No. '217 (Count-Y
;load Na. 227) to its 3ntt•:'Srctin^ u1tD the center line of x:3,15 Head y ��
No. 557 (Omara Street) from w1itch an iron *'re Dcurs South 17° Eamt
20.00 feet; thence North 890 001 fln;zt 515.32 feet along the centdr
'ane of County Road No. 567 (samara 'treat) to cn iron pipe; tnericc l
Horth 010 251 East 347.60 feet to an iron rod; thence 3outia 83" 01, rz3t
i 212.30 feet to an iron rod and true point of beginning of the parcel
herein described; thence North 0" 22' Wes 50.40 feet to an iter, red;
thence North 01 221 West 37.00 rest to the canter line of ,5anno Creek;
thence North 560 509 Eazt 43.20 feet Alone; the center iron of FarTno
Creelt; thencr. Ilorth 3A0 571 f'.aat 118.89 feet along the center lire
of yanro Crack; thence South 850 291 East 116,:4 feet alsng the
center line of yanno Creek to n point; thence South 51° 5fb'
711.80 feet along the sinter lines dr Farina Creep; to a paint; thence
South 55' 181 gant 100.36 fest along the center line of i'anno Crcou
to the. We--t limo! c;r .nta.tn Hi;rve;r }i.^+. ?17 te"unty road Ito. 2:17);
South 00. 2:i' 11c-ut 130.0) reet motif; the' Fac t:l- 1lvo or St tt4 illr.h:NtrY
b1c. 217 (County Road No. 227) and 20.00foot Westerly from tine center
Una to an Iron rod; thence U09'th &3e 01' W—t 380.00 feet to :tet
-d aG tpggpHnll;t, or bc„innint of the pnrasl herein deKcrlDcel,fi
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