Resolution No. 82-48 RESOLUTION NO. 82- 4/9
BEFORE THE CITY COUNCIL OF TIGARD, OREGON
IN RE: APPLICATION OF ) V 5-82
SAXON I ) MLP 3-82
FINAL ORDER
THIS MATTER came before the Tigard City Council on
May 17, 1982 for review and decision by the City Council of a
Tigard Planning Commission action pursuant to S18.84.250(b) (3)
of the Tigard Municipal Code (TMC) regarding the request for
a minor partitioning (MLP 3-82) and a variance (V5-82) filed
by Saxon I (the "Applicant") .
The subject property consists of an approximately
28,125 sq. ft. portion (the "Site") of Tax Lot 1100, which is
located on the west side of SW 85th Avenue, just south of
SW Durham Road. Tax Lot 1100 consists of approximately 4.39
acres.
The Applicant has previously filed a request for a
conditional use permit to allow construction on the Site of a
microwave receiving tower and an approximately 2,000 sq. ft.
building containing cable television equipment and related
facilities. This request identified the Site as an approxi-
mately 28,125 sq. ft. parcel. On March 2, 1982, the Tigard
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Planning Commission approved the requested conditional use
permit, but did not focus on the fact that the Site was in an
M-4 zone which.requires minimum lot sizes of 40,000 sq. ft.
Thereafter, the Applicant sought to convey the Site
to Storer/Metro, the proposed user of the Site and the entity
RESOLUTION No. 82-
authorized by the Tigard City Council to provide cable television
services in Tigard. The Applicant prepared and filed a request
for minor partitioning. The application was accepted, but there-
after, the staff advised the Applicant that a variance would be
necessary to allow the partition of a parcel of less than
40,000 sq. ft. An application for a variance to allow the
partitioning of a 28,125 sq. ft. parcel was then filed.
The Planning Commission of the City of -Tigard held a
hearing on the consolidated requests (V 5-82 and MLP 3-82) on
May 10, 1982, pursuant to TMC §18.84.050. At that meeting, no
persons appeared in opposition to the request and all parties
within the area for mail notification signed statements approving
of the reque-mss. Due to a mechanical failure, no tape of this
hearing exists.
The Planning Commission expressed its opinion that the
requests were appropriate and generally acceptable. However, the
Planning Commission believed that the requests should be reviewed
and decided by the City Council. Thus, the Planning Commission
referred these requests to the City Council pursuant to TMC
518.84.160(4) .
The City Council of the City of Tigard, pursuant to
TMC 518.84.040(d) (2) , held a hearing on these requests on
May 17, 1982. At that hearing, the Applicant testified in
favor of the requests and no other testimony was received. The
City Council, by unanimous vote, granted the two requests based
on the following Findings of Fact:
RESOLUTION No. 82-_,a 2
FINDINGS OF FAC-
1. The total size of the property owned by Applicant is
4.63 acres (approximately 185,.000 sq. ft.) .
2. The total property owned by Applicant and the Site
are zoned M-4, which requires minimum parcel sizes of 40,000 sq. ft.
3. Other portions of the parcel owned by Applicant, other
than the Site, are improved with two existing industrial warehouse
buildings and related accessways, parking areas and landscaping.
4. The remaining portion of the Applicant's property,
s including the Site, consists of a land area of approximately
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80,000 to 90,000 sq. ft.
5. The Site which is the subject of these two requests
(20,125 sq. ft.) was the subject of a Planning Commission
decision on March 2, 1982, allowing as a condi+-ional use a cable
television microwave transmission facility and related studio
building.
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6. The Site is in close proximity to the Tigard High
School. The City Council has previously suggested that the
proposed user of the site, Storer/Metro, locate in close
proximity to the Tigard High School so that students may utilize
the cable television facilities. The representative of Storer/
Metro has testified that it is their intent to allow the use of
their facilities, on a basis to be established in the future,
by students as Tigard High School. St--dents at Tigard High
School can more readily use these cable television facilities
if the site of these facilities is located in close proximity
to the Tigard High School.
RESOLUTION No. 82-A�
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` 7. As a site for cable television transmission and reception,
the Site is well located, in that television signals can be
received with a minimum of interference. A representative of
Storer/Metro testified that the Site is superior to all other
sites in the general Tigard area for this purpose.
8. The standards for granting a variance are set forth
in TMC 518.76.020. The following findings of fact are made with
respect to the four standards set forth in 518.76.020:
(a) Section 18.76.020(1) . The Site has exceptional
or extraordinary characteristics in the following respects:
(1) the Site is in close proximity to the Tigard
High School;
(2) the currently undeveloped portion of the Site
is not an adequate land area within which can be developed
two economically sized industrial/warehouse buildings with
the required driveways, parking, setbacks, and landscaped
areas, and. still meet the required 40,000 sq. ft. minimum
lot size in the M-4 zone;
(3) the Site is superior to all other potential
M-4 sites in the general Tigard area in terms of television
signal transmission and reception.
(b) Section 18.76.020(2) . Other property owners with
similarly zoned property have been able to achieve the full
density allowed by the M-4 zone. With the existing configuration
of the property and the existing location of the industrial/
warehouse buildings and related parking, driveways, and
RESOLUTION No. 82--Y-,—O 4
accessways, the remaining undeveloped portion of the property,
which includes the Site, cannot feasibly accommodate two
additional economically sized industrial buildings, notwith-
standing the fact that the overall size of this undeveloped
parcel is in excess of 801*000 sq. ft.
(c) §18.76.020(3) . The microwave transmission and
reception facilities will not be detrimental or injurious to the
public health. The proposed use will generate less traffic,
particularly truck traffic, than an industrial/warehouse building,
which is authorized in the M-4 zone. There is no evidence that
the minor partitioning and the variance would be detrimental to
adjacent properties, as evidenced by the fact all property owners
within the area of notification have approved of the request.
The proposed use will cover a lesser portion of the Site than
an industrial/warehouse building and related facilities.
(d) $18.76.020(4) . The variance being requested is
for 11,825 sq. ft. Representatives of Storer/Metro have testified
that this is the appropriate size for a parcel for the cable
television transmission tower and related facilities. Representa-
tives of Storer/Metro have testified that they will not acquire
additional property, because any property beyond 28,125 sq. ft.
is unnecessary for the proposed use. The variance requested for
the use proposed is the minimum variance necessary to accommodate
the proposed use.
9. The minor partitioning will not be injurious to the
public health, safety or welfare and is in conformance with
TMC 517.24.
RESOLUTION No. 82-_4J
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CONCLUSIONS
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CThe City Council has concluded that the requested
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minor partitioning and variance comply with the standards set
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forth in TMC §18.76.020 and TMC Chapter 17.24.
ACTION
It is ORDERED that the City Council approves the `
application for a variance and minor partitioning (V5-82/MLP3-82)
subject to the condition that no further partitioning of the
remaining undeveloped property now owned by Applicant or of the
Site shall be authorized without complying with the procedures
and standards set forth in the TMC.
It is FURTHER ORDERED that the Planning Director be,
and is hereby authorized and directed to file this Final Order
in his files and with the City Recorder and to give notice of
the final decision as provided by TMC §18.84.130.
PASSED: The 24th day of May, 1982, by the Council of the City
of Tigard, Oregon.
Mayor - City of Tigard
ATTEST:
ou-c.a
Recorder - Cit f Tigard
RESOLUTION NO. 82-
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