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Ordinance No. 81-58 t CITY OF TIGARD, OREGON ORDINANCE NO. 81- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A ZONE CHANGE TO THE 1975 NPO #2 PLAN MAP OF THE CITY OF TIGARD DECLARING AN EMERGENCY AND FIRING AN EFFECTIVE DATE. (Portland Chain/Toys "R" Us) NN NG DEPARTMENT REFERENCE NFORMAT N Tax Map 1S1 26C, Tax Lot 1802, Project Address 9770 S.W. Scholls Ferry Road, File Number ZC 16-80, Present zoning designation M-4, Zone changed to C-3, Applicant PCM Associates. THE CITY OF TIGARD ORDAINS AS FOLLOWS SECTION 1 : Finding that the lands hereinafter described are now classi- fied as M-4, and further findings that pursuant to procedures, the above stated application for a zoning map amendment was presented at a public hearing held by the Tigard Planning Commission on August 5 , 1980. All interested persons were afforded an opportunity to be heard at this public hearing. Therefore, the Council adopts the following substantive findings: A. That this application is in conformance with the C-3 designation on the adopted NPO #2 Plan Map. B. That the proposed zoning is compatible with the surround- ing nei-hborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 Of the Tigard Municipal Code, this request for a Zone Change to the NPO #2 Plan Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.28 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 C-3 Commercial. Exhibit "A Legal Description - Exhibit "B" : Tax Map - Exhibit "C": Staff Report And further subject to the following conditions: 1. If more than two (2.) retail outlets are contemplated for this parcel, the owner of the land shall apply for said use to the Planning Com- mission for approval. (This condition relates to the entire parcel including the present structure leased to Portland Chain) . 2. All development shall be subject to Site Design Review. SECTION 3: Inasmuch as it is necessary to the peace, health, and safety ORDINANCE No. -80 SLC 16 _ a< e in the City` s t p fore Ding zone change , Of the public that the �5 hereby declared to e�ouncil Cour - records become effective, an emergency on its passage by g and this ordinance sthe hayorbe effective upon and approval by of all Council members present vote read two times PASSED: By of July, 1981, after being this �.., �.._..-day s by number and title only. Recorder - City of Bard > 1981. ` APPROVED: By the May or this qday of July, t Y _ C ty o Tlgar Mayo y � 5s 6$i i, Z x ORDINANC Ivy. B1- s 1�a9 ,Wers Title Insurance Co!{ ration �- A Stock Compony t Horne Office-Rich mond,Virbinia SCHEDULE zorH'd. EXHIBIT "A" P AIR CEL 1: Situate in the Southeast quarter of Section 27, Southwest quarter of Seciton 26, Forth,sest quarter of Section 35 and the Northeast quarter of Section 34, Township I South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, and bounded on the West by the Southern Pacific Railroad, on the Northwest by S.W. Scholls Ferry Road, on the North and East by S.W. Cascade Blvd., more particularly describ-ed as follows: BEGINNING at an iron rod with JSPd Cap sat on the Easterly right-of-way of the Southern Pacific Railroad and North 89"5250°-West 22LSO feet elon; the North line of said Section 34, and North 19°15130" West, atang tine Easterly 50 foot right-of-way line of said Railroad 180.52 feet from a stone monument found at'the Northeast corner of said Section 34; and rwining thence North 19°15130" West, along:sald raRroad right-of-Nay 328.15 feet to an iron rod with JShi cap set on the Southeasterly spiral curve right-of-way of S.W. Scholls Ferry Road; thence on said spiral curve (chord bears North 33036'30n East 47.44 feet) 47.44 feet to an iron rod with State highway cep found SFB 42+92.24 P.S. (100) marking the Southeasterly 100 feet from the center line right-of-tray; Ylience continuing on said line North 33°33150" East 101.85 feet to an iron rocs with JSM cap set at the intersection with the South right-of-way of S.W. Cascade Blvd.; thence Worth 89049' East on said right-of-way 269.95 feet to an iron rod with JS'.J cap set at the beginning of a tangent 100 fo.-)t radius curve; thence Southeasterly on said ctu ve (chord bears South 55059130-1 East 112.39 feet) 119.35 feet to an iron rod with JSM cap set on the Westerly ri,ht-of-way of S.W. Cascade Blvd. 50 feet from and parallel to the Westerly right-of-way of Highway 217, as monumented; thence on said parallel right-of-way line, South 210 48' East 87.06 feet to an iron rod with JSM cap set opposite an iron rod with State Highway cap found at SH 328+00 (130) /JSIM 327+99.48 (130); thence South 19"55125" East 154.31 feet to an iron rod with JSM cap set; thence South 700 54' West 446.98 feet to the point of beginning. PARCEL 17: Situate in the Southeast quarter of Section 27, Southwest quarter of Section 26, Northwest quarter of Section 35, and the Northeast quarter of Section 34, Towrship I South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, and bounded on the West by the Southern Pacific Railroad, on the Nort.-awest by S.W. Scholls Ferry Road, on the North and East by S.W. Cascade Blvd., more particularly described as follows: BEGINNING at an iron rod with JSM cap set at the intersection of the Easterly right-of- *,:Ao of the Southern Pacific Railroad and the North line of said Section 34, North 89 52'50" West 221.80 feet from a stone monument found at the Northeast corner of said Section 34, and running thence North I9°15130" West on the Easterly 50 foot right-of-way line of said Railroad 180.52 feet to an iron rod with JShi cap set; thence North 700 54' East 446.98 feet to an iron rod with JSM cap set on the Westerly right-of-way of S.W. Cascade: Blvd., being 50 feet from the Westerly right-of-:say of Highway 217; thence South continued.,. File Pio, x'200806 Sthedutr__ A Voge 2_ _Pvo. H 735-471 Title Insurance e Col core=_fln A Stock Company " Home office-Richmond.Virginia i SCNEDULE--___A—cont'd. parcel U continued... 19"55125" East, along the Westerly right-of-way of S.W. Cascade Blvd., 50- feet from and par--Uel to the Westerly right-ref-way of Highway 2179 as rnonumented 1=4.50 feet to an iron rod with JSM cap set opposite an iron rod with State Highway cap found at SH 331+00 (no)/JSM 331+00.11 (UO); thence South 16°06140" East 86.37 fleet to an iron rod with JSM - cap set opposite an iron rod with State Highway cap found at SH 331+8814 P.S. (ll0)/JSM 331+88.14 P.S. (110); thence on spiral curve (chord bears South 16*50'40" East 234.68 feet) 234.69 feet to an iron rod with JSM cap set at the Southeast corner of said Portland Chain property; thence South 70°44'30" Kest, leaving said Cascade Blvdi 409.03 feet to an iron gat-of-way of the rod with JSM cap set on the Ea tterly 75 feet fromWesthe h said right-of ltr y 277 i2 feet o Southern Pacific Railroad; thence North an iron rod with JSM cap set Qn the'dores-old North line of Section 34; thence North 890 52150" West on said line 26.50.,feet V the b•B—, 'nning- DLK/tnw/69 File ?mo® 11,T200806 Schedule A Yoge 3 No. H 735 4-- d .a EXHIBIT "B" l IS -27D -.a•--w+pi.«ee14' r�:•: yy�-�y• ;�y��{;+j,''i+�7�ii.��..,•q`ti•.d�j''..ii•. �Y•.•••�,,;�' �'•'��• 1 •.,�.. •�.�••.I � ,^--�__-•._ a a.o .. ~, . . eye x. 'a ' '10 ca t - • • ' •1 • • �� - •A4 '�•,r o • - � • � . . • � .✓ � l"�' La, e.+' � � .t• : ' _ _- .` •els:-•, � co Y s o l /` Ott LCr ID • r & ®�jaspa i� @W +tS+td 9 Y7D .� ��� ,~• a• . lLdc. .: gii l .,Lc. .23 bac •. ! � .5 fn 3 d � "a L 33 g � � � . �j • � fig`��, S. VA P 34 51-ml I ., O— s r' l EXHIBIT "C" k STAFF REPORT AGENDA 5.5 TICARD PLAN^LING CO,'L'I.ISSION j August 5, 1980 - 7:30 p.m. TIG RD SCrI00_, DISTRICT ADMINISTRAT±ON OFFICES BOARD ROQ:1 1313"I SWPacific Highway, Tigard � No submission of material by applicant shall be made at the Public Hearing I unless the applicant is requested to do so. Should this occur, the item will be tabled until, the following Hearing. DOCKET: ZONE CHANGE, ZC 16-80 (PC14 Associates/Frank & Associates) NPO #7 APPLICANT: C. R. Close OWNER: PCM ASSOCIATES FR.ANR AND ASSOCIATES 1200 Standard Plaza 6625 NE 82nd Avenue 1100 SW 6th Portland, Oregon 97220 Portland, Oregon 97204 APPLICATION DATE: June 16, 1980 SYTE LOCATION: 9770 SW Scholls Ferry Road (Wash. Co. Tax Map lSl 26C, Tax Lot 1802) 8.23 acres REQUEST: For a Comprehensive Plan Revision from Comprehensive Zone Map Designation 14-4 "Industrial Park" to C-3 "General Commercial". P STAFF NARRATIVE: The primary issue here is the addition of retail space in an Industrial Park Zone. The Applicant wishes to change the Comprehensive Plan on this parcel to a more desirable zone for retail use. Under the present Zone of M-4, retail sales are allowed "in conjunction with any of the foregoing Conditional ' uses", one of which is warehousing. The Applicant has mentioned to Staff that this section of the Code is not specific enough to insure retail development. Staff agrees. Under the proposed C-3 "General Commercial" designation., there is no question, nor is there a conflict with the Conditional Use Section. Portland Chain may or may not remain on this site. However, due to the fact that Koll Business Center is being constructed to the West and Highway 217 is to the East with Scholls Ferry to the North, and Par Gas to the South, further development on this parcel will have very little effect to surrounding property if the number of retail outlets is limited to large warehouse operations with retail outlets. The Applicant mentions Washington Square and the "waiting list". Staff would not support a similar use on this property. This request seems reasonable because of the area and what is presently fiatiing place on other parcels along Cascade. Power Rents is close to retail, the difference being that what is taken off the property is returned. Par Gas has a small retail operation. Franz Bakery has a retail outlet also. s:; a ° STAFF REPORT AGENDA 5.5/ZC 15-80 TIGARD P=4NING COZ%ZLISSION August 5, 19$0 Page 2 Will the entire Cascade Avenue area eventually go commercial? No. The area is well established as an industrial zone. One proposal for this site is for a large furniture warehouse with a retail. outlet. If this Applicant had proposed a greater number of retail outlets, Staff would not have made the recommendation included herein. it is further suggested that should this become the case, the Applicant'.should -return to the Planning. . Commission for approval of all future development. At the present time, Staff is working on a large annexation proposal in this area. We expect to be before the Council in September with the initial - Resolution. If this request is approved by the Planning Commission, we would Zone the land C-3 at the time the Council approves the Annexation Ordinance following the Boundary Commission Final Order. This process includes at least two more Public Hearings. The NPO #7 Chairman has been notified of this proposal and we have not received comments. I. FINDING OF FACT: 1. This parcel has not been annexed to the City of Tigard. An annexation petition has been filed with the Planning Department and Staff expects Final Action soon. 2. The current Comprehensive Plan Designation is M-4. Applicant wishes to change the Comprehensive Plan Designation to C-3. . 3. All public services axe available to this site. Cascade Avenue at Scholls Ferry Roacl is a lighted traffic intersection. II. CONCLUSIONARY FINDINGS: 1. Cascade Avenue is sub-standard. If development on this ,parcel occurs., the necessary improvements will be made as a condition of development. 2. Site drainage issues will be addressed at development.- A local improvement district may be formed following annexation of several parcels in this area. 3. All development will be subject to Site Design Review. III. STAFF RECOMPENDATION: Staff recommerds approval of this Comprehensive Plan Revision'with the-fallowing Conditions: 1. No Final Action shall be taken on this request until this parcel is annexed E i to the City of Tigard, at which time it shall be Zoned C-3 "General j Commercial j S 7 ST;kFF RP:PORT AGENDA 5.5/w 16-90 TIGARD PIANTNIVG CO3MMISSION August 5, 1980 Page 3 �. If more than two (z) retail outlets are contemplated for this parcel, the owner of the land shall apply for said use to the Planning Corz=f ssiorn for approval. (This condition relates to the entire parcel including the present structure leased to Portland Chain) . All development shall be subject to Site Design Review. . ard, Planning Director MIi�IJ T;.S TIGA_RD PLA11::IliG C0i441SSI_OPN August 5, 1930 W_ Page 6 the rationale v it is the oaly way improvements can take place in this comumity considering the city's finances. The six--foot vs. eight— foot fence has discussed. Funk felt the applicant should not be burdened with the solution of a problem created by the corporation. Ray Haas, 12435 S:f knoll Drive, asked How�to go over the sewer route again. Howard did so, explaining what�:he felt was the greatest good to the greatest number. / \ _ COM!XISSIOTI DISCCSSIO?i ASD AGTIO t_ Funk MOVED approval of Variance V 9-80 based on staff rindings and recommendations. Moen seconded the motion, which passe unanimously. 5.5 zon C=lGE, ZC 16-80 (PCPI Associates) NPO #7 A request by MI Associates for a Zone Map Amendment from Washington County ,IA-1 to City of Tigard C-3 "General Commercial" Zone on 8.23 acres located at 9770 SW Scholls Ferry Road i1 (flash. Co. Tax Map ISI 26C, Tax Lot 1802). Howard read the STAFF REPORT and Rn - .P The APPLICANT'S PREat NTATIOF was made by C. R. Close of R. J. Frank & Associates, 6625 PN 82nd Avenue, Portland, who wrote the 31—page report submitted with the application. Re stated the reason for mentioning Washington Square in the report was to show there is a need for additional, r commercial space in the area. He agreed with the staff retort and recommendations. 1 COL.=,SSION DISCUSSION A.10 ACTION: Howard presented the problems I with the Portland Chain operation, which started its rather noisy operation 1 before any residential development had taken so.- in the area. If they moved, it must be economic for them to do so. It would be possible, under present zoning, to ask for a conditional use, thus accomplishing the same thin; requested by this zone change. Ho-wever the zone change mould give the applicant a much firmer base on which to attract commercial tenants. Therefore he approves this zone change. Howard outlined surrounding land uses and suggested this would not set a trend. Further discussion covered various contingencies. In response to Speaker's question about commercial use of land adjacent to a railroad vs. warehousing or industrial use of the railroad, Howard called attention to the Southern pacific industrial pari: across from the Ko11 Business Center nearby. 1 kolleas :MOVED for approval of Zone Change ZC 16-80. ,igen seconded 1 the motioa, which ca+-stied unanimously. F t. j c