Ordinance No. 82-37 a
CITY OF TiGAKD, OREGON
ORDINANCE NO. 82-_f 1_
i
ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FORA
COMPREHENSIVE PLAN KEVISION TO THE 1974 NPO #1 PLAN MAP OF THE CITY OF TIGARD, AND A f
'LONE CHANGE, DECLARING AN EMERGENCY ANu FIxINu AN EFFECTIVE DATE. MARIE REILING
Tax Map 2S1 2AD, Tax Lots, 700 & 800, Project Address 12665 S.W. Hall & 8725 S.W. Com-
mercial, File Number CPR 1-82, Present Plan DesignaLion Medium Density, Designation
changed to Cummercial Retail, Present Zoning A-12, Zone changed to C-3, Applicant
Marie Reiling
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described are uow classified as A-12
Medium Density, and further finding that pursuant to procedures, the above-
stated application for a Comprehensive Plan Revision and Zone Change was presented at a
public hearing held by the Tigard Planning Commission on June 8, 1982. All interested
persons were afforded an opportunity to be heard at this public hearing. Therefore, the
Council adopts the following substantive findings:
A. That the proposed plan designation is in conformance with the
adopted NPO #1 Plan.
B. That the proposed zoning is in conformance with the adopted plan
designation.
ECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal
Code, this request for a Comprehensive Plan Revision and Zone Change is hereby
approved subject to the provisions of Chapter, 18.28 of the Tigard Municipal Code as em-
bodied in adopted Exhibits "A", "BfO, and "C" attached and made a part of this Ordinance.
The plan designation and zoning of the subject properties is hereby changed to Commercial
Retail C-3.
Exhibit "A": Legal uescription
Exhibit "B": Tax Map
Exhibit "C": Staff Report
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 pas-
sage by the Councii and approval by the Mayor.
PASSED: By kj1Aj1L&.r&% vote of all L;ouncii members present this day of July, 19 t2_,
after being read two times by number and ti a only.
Recorder - City of ' and
APPROVED: By the Mayor this day of , 19 .
mayor - City of Tigard
ORDINANCE No. 82- ,
.. Order No.: 7-606446-W
EXHIBIT A
BEGINNING at an iron pipe which is South 429521 West 1435.55 feet
and North 42®12: Y1est 19.3 feet from a stone at the
corner on the Easterly line of the George Richardson Donre-entrant
ation Land
Claim No. 38 in Section 2, Township 2 South, Range 1 West of the
Willamette Meridian, Washington County, Oregon; thence North 45°12'
West 99 feet; thence South 44*481 West 66.45 feet; thence South
45°12 ' East 100 feet; thence North 42°52 ' East 66. 45 feet to the
place of beginning; EXCEPTING, however, an
within the boundaries of roads and highwaysy portions thereof lying
A tract of land in Section 2, Township 2 South, Range 1 West of the Willamette
Meridian, in the City of Tigard, Washington Count
described as follows: Beginning at an iron y. Oregon, more particularly
p 5 ' West
1.435.55 feet and North 420 12' West 19.3 feet from 1ahstone oaththe ore-entrant
corner on the Easterly line of the George Richardson Donation Land Claim No.
38, in Township 2 South, Range 1 West, Willamette Meridian, Washington County
Oregon, running thence North 450 12' West 227.35 feet; thence South 440 48'
l West 66.45 feet, thence South 450 12' East 229.7 feet; thence North 420 52'
l East 66.45 feet to the point of beginning. EXCEPTING that certain tract of
land previously conveyed to Leo J. Bader, etux b
page 478, Deed Records, Washington Count' y deed recorded in Book 311
t g y, Oregon, being the Southeasterly
99 feet of the above described tract,
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THIS ASAP IS FUR-'?SHED AS A
C0NVE:NIE1NCr ay:
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TITLE
THIS MAP is RGT A SURVEY AND DOES NOT
dai OW THE LOCATION OF ANY IMPROVE- ;Y
r�A M TS. THE COMPANY ASSUMES NO�LIA-
IS ILIT, FOR ANY ERROTHEREIN.
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EXHIBIT "C"
STAFF REPORT
AGENDA ITEM 5.2
TIGARD PLANNING COMMISSION
JUNE 8, 1982
FOWLER JUNIOR HIGH - LECTURE ROOM
10865 S.W. WALNUT, TIGARD, OR
June 2, 1982
A. FACTS
1. General Information:
Case: CPR-1-82 (Comprehensive Plan Ravision) NPO #1
ZC-9-82 (Zone Change)
Request: The applicant is requesting a Comprehensive Plan
Revision and a Zone Change from Urban Medium Density
(Zone A-12 Multiple Family) to Commercial :'ptail (Zone
C-3 General Commercial). (Attach "A")
Recommendation: Based on staff's analysis and all applicable
planning policies, staff recommends that the
Planning Commission approve the proposed
request.
'Applicant: Marie Reilirg Owner: same
14850 S.W. 92nd Ave.
Tigard, Oregon 97223
Location: The subi_^t properties are located on the
northeast corner of S.W. Commercial Street and S.W.
Hall Boulevard. (Washington County Assessor Map #
2S-1-2AD, Tax Lots 700 6 800) (Attach "B")
Lot Area: Tax Lot 700 .15 acres
Tax Lot 800 .20 acres
Present Zoning Designation: A-12 (Multiple Family)
Public Notices: Seven (7) notices were sent. No written
comments had been received when this report was
written.
y-
NPO Comment: Members of NPO #1 reviewed the proposal and
recommended approval of their request.
2. Background:
There have been no previous actions taken on these sites.
3. Vicinity Information:
The areas to the northwest and northeast of the site have been
developed for multiple family usz, .znd they are zoned A-�12
(Multiple Family).
trY _
STAFF REPORT
CPR-1-82 & zC-9-82
Page. 2
The areas to the southeast across Hall Blvd. have been developed
for light industrial uses and is zoned M-3 (Light Industrial).
The areas to the southwest of the site have been developed for a
variety of commercial and industrial uses and the areas are
zoned C-3 (General Commercial), M-3 (Light Industrial) and M-4
(Industrial Park).
4. Site Information:
Presently, there is one structure on each lot. Each structure
is residential in character.
B. APPLICABLE GOALS AND POLICIES
1. LCDC Goals and Guidelines:
a. Citizen Involvement: Goal 111 - The intent of this goal is
( to insure the opportunity of citizen input to the planning
`•. process. In the case of this application, all property owners
of records within 250-feet of the site have been notified by
U.S. mail of the date, time and place of this hearing on this
application and any interested parties wil be heard. In
addition, Neighborhood Planning Organization Number 1 (NPO 111)
has been notified of this application.
b. Land Use Planning: Goal 112 - The intent of this goal is to
establish a planning process and policy framework to assure an
adequate factual basis for all land use decisions. In the case
of this application, all applicable LCDC goals and guidelines,
NPO #1 policies and Tigard Municipal Code sections have been
considered in review of this application.
c. Housing: -Goal 1110 -a It is the intent of this goal to
provide for the housing needs of the citizens of Tigard.
Currently, the two properties are zoned A-12 (Multiple Family)
and are .35 acres (15,246 square feet) in area. In accordance
with the zoning ordinances, only 4 dwelling units could be
placed on this site. To acquire 4 units, the following
alternatives could be used: 1) divide the existing structures
into 4 dwellig units; 2) add on 2 units; or 3) tear down the
existing structures and build a 4-plex. Conceivably, all three
of these alternatives could be accomplished in order to provide
additionalhousingin the Tigard area. However, staff questions '
whether this site is an appropriate site for lower density
housing given the surrounding land uses and the potential rents
that could be generated from such housing. The feasibility of
housing in this area will be further discussed in later sections.
:r
STAFF REPORT
CPR-1-82 & ZC--9-82
Page 3
d. Public facilities and services: Goal .Ilii - it is the intent
of this goal to provide adequate services to an area in a timely
and cost effective manner. All of the needed public facilities
and services are available to the site.
e. Transportation: Goal #12 - It is the intent of this goal to
provide a safe, convenient and economic transportation system.
Currently, the sites front on S.W. Commercial and Tax Lot 700
also fronts on S.W. Hall. Neither of these streets are totally
improved to City standards. Upon further development of the
sites street improvements, the City standards would have to be
completed. These improvements would not be conditioned to this
application.
In addition, neither of the lots will access directly onto S.W.
Hall which is a major collector street.
2. NPO #1 Policies:
a. Urban-Medium Density Residential
POLICY 12: Site plans will provide for adequate open space to
(a)protect adjacent properties, and (b) provide ample yard space
for residents and play space for youngsters.
POLICY 14: Apartments should be located to produce an optimum
living environment for the occupants. .Development criteria
should include
1) Buffering by means of landscaping, fencing and distance
from commercial areas and major traffic carriers such as
Pacific Highway and Hall Boulevard.
2) On site recreation space as well as pedestrian and
bicycle access to parks, schools and convenience shopping.
3) The siting of buildings to minimize the visual effects
of parking areas and to increase the availability of privacy.
After reviewing these policies and the subject site, staff does
not believe that adequate and safe open space could be provided
on the site.
The Tigard Urban Revitalization Plan indicates that the downtown
area (see attachment "C") should all be designated as one zone,
and that this zone should provide a variety of commercial,
r office and high density residential uses. The subject sites are
within the area. Staff believes that the residential areas
should be orientedtowards the greenway 'and_ open space and away
from the existing industrial uses surrounding the area to the
east.
STAFF REPORT
CPR-1-82 & ZC-9-82
Page 4
C. TIGARD MUNICIPAL CODE
1. Section 18.59 Site Design Review
Any site related issues, e.g. parking, landscaping, access, etc.
will be discussed on a staff level during the site design reveiw
process, if future development occurs on the site.
CONCLUSION
The proposed Comprehensive Plan Revision and Zone Change request comply
with all of the applicable planning policies.
CONDITIONS
1. The applicant/owner shallapplyfor a Site Design Review prior to
the issuance of any permits on the site.
F
2. The applicants/owners shall sign an agreement not to remonstrate
°s against the future local improvement districts.
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f Prepared by J� pproved bar
J .. Coursolle Frank A. Currie
Aiato Planner Planning Director
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