Ordinance No. 85-24 s
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CITY OF TIGARD, OREGON
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ORDINANCE NO. 85-,t2ys
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN
AMENDMENT (CPA 4-85) AND ZONE CHANGE (%C 4-85) PROPOSED BY MARGE KRUEGER AND
DECLARING ANX EMERGENCY
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WHEREAS, the applicant has requested a Comprehensive Plan Amendment and Zone Change
to shift the existing area zoned C--P! (Commercial Neighbor-hood) from the northwest
corner of the proposed Murry Road/135th Avenue intersection to the northeast corner ,
of the proposed Murray Road/Scholls Ferry Road intersection, g
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WHEREAS, the Planning Commission reviewed the proposal on April 2, 1985 and
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recommended approval; and
WHEREAS, a public hearing was held before City Council on May 6, 1985 to consider
the Commission recommendation, and
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WHEREAS, the City Council heard testimony concerning the need for designation of
the future alignment of the extension of Murray Blvd. , and
WHEREAS, the final. location of the C-N parcel cannot be determined until the
alignment is designated, and
WHEREAS, an interim location of the C-N designation property is needed to allow for
the development of land now designated as C•-N as a residential subdivision, `
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ed the
Section 1 The proposal is consistent with all relevant criteria as discuss in z
April 2, 1985 Planning staff report to Planning Commission (Exhibit "A")
Section 2 ThL- City Council upholds the Planning Commission's recommendation for :
approval of the Comprehensive Plan Land Use Map and Zoning Map Amendment,
however, the approval of the commercial designation will be modified by
moving the location to the area shown when the Krueger annexation took
palace in 1983, (as noted on Exhibit 8), land designated by the City
Council on August 8, 1983 as C--N, on the west side of 135th, a portion of
Tax- Lot 100 will be C--N.
Section 3 Inasmuch as it is necessary to revise the City's Comprehensive Plan Maps
to allow development in a timely manner, an emergency is declared to
exist and this ordinance shall become effective upon its pasa-Age by
Council and approval by the Mayor,
PASSED: By ��� n ►n.drz _ vote of all Council, members pr sent after being
read by number and title only, this day of 1 ,
Deputy City Recorder - City of Tigard
APPROVED: This _ day of - , 1985"
([SAM:br11333P) -- City of Tigard
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STAFF REPORT - AGENDA ITEM 5.3
April. 2, 1985 - 7:30 P.M. �
TIGAR.D pLANNING COMISSION
FOWLER JUNIOR HIGH SCHOOL - LGI
10865 S.W. WALNUT
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE; Comprehensive Plan Amendment CPA 4-065 auu ZoRe Chafigc ZC '�—o a
REQUEST: To wove the present area designated C-N (Commercial
Neighborhood) from the northwestern. corner of the proposed
�- 135th Avenue/Murray Road extension to the southeast corner
of the future Murray Road/Scholls Ferry Road intersection.
COMPREHENSIVE PLAN DESIGNATION: Medium High Density Residential/
Neighborhood Commercial
ZONING DESIGNATION: R-25 (Residential, 25 units/acre) and C--N
(Commercial Neighborhood)
APPLICANT: Russ Krueger OWNER: Marge Krueger
3515 SW Bfarbur Blvd. Rt. 1, Box 792
Suite X-1 Beaverton, OR 97007
Portland, OR 97201
LOCATION: Between Scholls Ferry Road and 135th Avenue, approximately
one half mile north of Walnut fit. (Wash. co. Tax Hap 1$1
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33C, Tax Lot 1000).
2. Background
The property was annexed to the City on June 12, 1983 and in August,
1983, the City approved a variety of Plan and Zone designations for the
property which included Medium-High Density Residential (R-20), Medium
Density Residential (R-12) and Neighborhood Commercial (C-N). In
February, 1984, the City approved the relocation of the C-N area from
the west side of '135th Avenue to the northwest corner of the proposed
intersection of the Murray Road extension and 135th Avenue (CPA 18-8311ZC
14-83).
3. Vicinity Information
Except for several scattered homesites, this area between 135th Avenue
and Scholls Ferry Road is undeveloped and or utilized to a limited
extent for agriculture or is wooded. The land surrounding the present
and proposed commercial sites is zoned R-25.
STAFF REPORT CPA 4-85 & ZC 4®851 - PAGE 1
4. Site Information - a
The existing and proposed commercial sites are undeveloped. The
commercial site is intended to remain on the north side of the Murray
Road extension acid be shifted from the west side of 135th Avenue to the
east side of Scholls Ferry Road. A specific development plan has not ,
been formulated.
5. ency and NPO Comments
The Engineering Division has the following comments:
a. Due to a drainageway that runs through the property, a Sensitive
Lends permit will be required prior to development of the site.
b. Sanitary sewerage and storm drainage provisions will be necessary
in conjunction with development.
C. Site Development Review approval will be required.
d. Additional right-of-way should be dedicated along the commercial
area's frontage on Scholls Ferry Road for a right-of-way width of
45 feet from centerline. :.
The Building Inspection Office has no objection to the request.
The State Highway Division indicates that further study will be
necessary before the act:d for a traffic light can 'he evaluated. Also, t
the drainage facilities on Scholls Ferry Road may not be adequate to
accept additional runoff from the site.
NPO #7 recommends approval.
B. FINDINGS AND CONCLUSIONS �
The relevant criteria in this case are Statewide Planning Goals 1 and 2,
and Tigard Comprehensive Plan policy 2.1.1 and Chapter 12, Locational
Criteria.
The Planning staff concludes that the proposal is consistent with the
Statewide Planning Goals and Guidelines based upon the following �
findings:
1. Goal #1 is met because the City has adopted a Citizens Involvement
program including review of all development applications by the
Neighborhood Planning Organization (NPO). In addition, all public
notice requirements are aceta
2. Goal 02 is met because the City applied all applicable Statewide
Planning Goals, City Comprehensive Plan Policies and Development
Code requirements to the application.
7, The Planning staff concludes that the proposal is consistent with the
relevant• portions of the Comprehensive Plan based upon they flndingsg
noted below.
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STAFF REPORT _ CPA 4-85 A 2C 4-85 PACE 2 t
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1. flan Policy 2.1.1. is satisfied.bectuse the Neighborhood Planning
Organization and turrounding property owners were given notice of
the hearing and an opportunity to comment on the applicant's
proposal.
2. Locational Criteria
a. The site will be approximately 4 acres in size rather than
the 2 acre guideline set forth in the Plan. The 4 acre size
was established when the property was annexed to the City.
This designation was consistent with the Washington County
plan which applied prior to the annexation.
b. There are no other commercial properties within one half
mile of the proposed site.
C. The commercial site will be limited to one corner of the
Murray Road/Scholls Ferry Road intersection.
t d. No significant traffic impacts are anticipated from this
move. Specific traffic related issues will be addressed
during the Site Development Review process.
e. The site will have direct access to an arterial street.
f. The eventual development of the commercial center will be
evaluated according to the applicable standards in the
Community DevelopmentCode. Since the entire ,area is
undeveloped, establishing a compatible relationship between
uses should not present a problem.
Although it is not necessary to consider specific provisions of the C-N
zone, it should be noted that Section 15.60.045 of the code states that
no use shall exceed a gross floor area of 4,000 square feet." A
variance must be approved in conjunction with the Site Development
Review process in order for this standard to be exceeded.
C.
RECOMMENDATION
Based upon the findings and conclusions noted above, the Planning staff
recommends approval of CPA 4-55 and ZC 4-55 subject to -the following
condition:
1. Additional right-of-sexy shall be dedicated to the public along the
Lower Scholls Ferry Road frontage to increase the right-of-way to
45 feet from centerline. The description for said dedication
shall be tied to the existing right-o€-ray centerline as
established by Washington County. The dedication document shall
be on City forms and approved by the Eagineering Section.
�;,� PR1EP B%: i den�� AP R098D BIC: Will ass A. I�&onah�sn
Associate &i.-anger Director of Planniug
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Development
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STAFF REPORT CPA 4-$5 6 ZC 4-85 - PAGE
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