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CPA1994-00001
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. "'tPa ce1s 2 & 3 W of int W:1 d14•b Ell PIPto Ad- 'Fay .4.4.c 1 r. g P9Vath 2S110 11C1 qu , 01200 File 2 of This form must be mailed to DLCD as required by OAR 660-18-040 Jurisdiction , Ci iof `I" Local File # CPA 940001/20f4194-0001 NowaregswoOmrsomersomonrogroorwr Date Notice of Proposed Amendment was mailed to DLCD? prilo. 1897 Comprehensive Plan Text Amendment X Comprehensive Plan Map Amendment dmant Land Use Regulation Amendment _�. Zoning Map Amendment •„ New Land Use Regulation Summary of Proposed Action (Write a brief description of the proposed action.) In 1994, tiro properties were redeg gnated NlediUm -Hi • h Dens' Residential /R -25. The property wner requested that one of the two .53 acre parcels design�__atect_Mediurr7 -Nigh . Residential/R-25 _.: neral CommeraiallC -G. At the time the Density _be re -deal Hated to �e property was_ ori4i.nall ai ed to Medium, -Hii h Density ResidenteilIR -25, des gn tion, p.. uestion� When ownershi roperty ownershi' was in q as re- eatabliahad, the previous oWner p 'w re uested that the » revious Corn • rehensive Plan and Zoning d, signatioro be i ,ned to this property. The City Attorney determined ss rnnEned that a new ublic:hearn� action was unnecessa because the previous action was based on intotre t factual information r gardinq property ownership...,.. This Proposal Was: Withdrawn Denied Local Contact: Mark Roberts, Associate Planner Phone: f0.9_4)JA,9:::_____,_,4171 Address: 13125 SW fall Boulevargh, i acrd OR 97223 Send this form to: Department of Land Conservation and Development : 1175 Court Street, N.E. Salem, OR 97310-0590 DLCD 'File # MOD Field llepresentati e OREGON TITLE INSURANCE COMPANY 'it1e` Branch 1515 S.W. Fifth Avenue, Suite 840 Portland, OR 97 (503) 220 - 0343,, PRELIMINARY TITLE REPORT FOR ISSUING `TITLE INSURANCE Date Meyer & Wyse Attorneys at Law 900 SW S h Ave Ste 1900 Portland, OR 97204 Attn: Helen Rives Reference: ORDER NO : 762626wm PARTY REF ROBERT C WYATT, INC. PROP ADDR_ OTHER REF: BULL MOUNTAIN ROAD /SANDY BOULEVARD OREGON TITLE INSURANCE COMPANY is prepared to issue title insurance, insuring title of the land shown on Schedule A, subject to the exceptions shown on Schedule B. The proposed policy or policies and indorsements are shown on Schedule A. Issuance of the policy or policies is conditioned on payment of the full premiums, and on recordation satisfactory instruments establishing ion of satisfacto a.nst° the the parties to be insured. This report is based on the condition of title as of the on Schedule A, Matters arising after the effective report. New exceptions will appear for matters arising transaction. Any change in the amount of insurance or cause the premium to change. effective date shown date may affect this through the proposed type of coverage may This report is for the exclusive use Of the principals to the contemplated transaction, and the company does not have any liability to any third parties. Until all necessary documents are placed o: record, the company reserves the right to cancel, amend, or supplement this preliminary title report for any reason. Any questions Concerning this preliminary title report may be directed to Kathy Clair Order 'o. 762626amn 1. The ,effective date of this pre'li iinary title report is 5:00 P.M. on March. 11, 199'7 SCHEDULE A, Page 1'o • The policies and indorsements to be .issued a_ld the related " Charges ' are s '. Policy/Indorsement Description Charge /uynA Extended Lender's for $250,090.00 1,043.7 Government Service Fee 20.00 Additional Chain Fee 75.00 • Fee simple interest in the land described in this report is owned, at the effective date, by: Fti7BER'I' C. WYATT, INS . , a California corporation . The land referred to in this report is described as follows: (Continued) SCHEDULE A, Page No. . 2 Legal Description, Continued Order Rio.: 762626wm CiL: 1;'s Lots { , 5, 6, 7, 8, 9, 10 an 11, Blvd=.. according to the duly" filed plat of M©NTCLAIR, the City of Portland, filed March , 9 ,,.' ► Plat Book 516, Page 21, Records of the of, Multnomah and State of Oregon. �"°'"'•- °-- 6 PARCEL is A tract of land situated in the Northeast quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows Beginning at the intersection of the Southerly line of Bull Mountain Toad, (a 60 foot wine county road) with the Westerly right -of -way line of SW Pacific Highway, (State .'Highway 99 -W)' ; thence South '76° 00' 30" West , along the Southerly line of Btui Mountain Road 173.57 feet to the true point of beginning of the tract herein to be described; thence leaving said Southerly road line and running South 12° 07' 30" East 128.67 feet; thence South 76° 56' 30" East 101.43 feet to a point in the Westerly right -of -way line of said SW Pacific Highway (State Highway 99 -W) thence Mouth 31° 30' 30" West along said We8terly right-of-Way line, 214.79 feet; thence North 73° 27' 30" West 122.77 feet; thence North 32° 27' 30" East 49.37 feet; thence North 11'4 ' 59' 30" West 165.75 feet; thence North 49° 53' East 62.58 feet; thence 10.95 feet along the arc of a 10.00 foot radius curve to the left through a central angle of 62° 45' (the chord of which bears North 18`30' 30" East, 10.41 feet) ; thence North 1231 52' Wrist 30.18 feet to a point in the Southerly line of Bull Mountain Rvad; thence north 78° 00' 30" along said Southerly road line, 68.03 feet to the true point of beginning. EXCEPT THEREFROM that portion of the Northeast one - quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Commencing at the intersection of the Southerly margin of SW Bull Mountain Road with the Westerly right -of -way of SW Pacific Highway (State Highway 99 -W); thence South 12° 02' 17" East along said right -of -way 3.00 feet to a point 33.00 fe6t Southerly of, when measured perpendicular to, the centerline of said SW Bull Mountain Road, and the true point of beginning; thence continuing South 12° 02' 17" East along said right -of -way 40.28 feet to the beginning of a 105.00 foot radius curve to the right; thence Southerly along said curve and right -of -way 79.24 feet; thence South 31° 12' 12 " West along said right-of-way 215.00 feet; thence North 58 ° 47i 48" West 56.80 feet; thence North 111D 59' 30" West 230.10 feet to a point on a line which is 33.00 feet Southerly of, when 0easured perpendicular to, said SW Bull said Mountain Road; thence North 78 00' 3 ° 30" East along said l �.ne 21.7. :feet to � true the centerline 00 he tru point of beginning. FURTHER onveyed to the State of Oregon, by' and through ER EXCEPT THEREFROM that portion c its State Highway 'Commission, in Deed recorded June 21, 1952, Book 334, Page 55, AND FURTHER EXCEPTIOO that portion conveyed to the City of Tigard and Washington County, political subdivilions of the State of Oregon in DedidatiOA Deed recorde d, August 17, 1990 as Recorder's Fee No. 90044447. Order No. 762626wm Effective Dates 5 :00 P.M. on March 11, 1997 SCHEDULE B, Pages No �. Except for the items properly cleared through closing, the prollosed policy or policies will not insure against loss or damage which may arise by reason of the following Taxes or assessments which are not shown as existing liens by the records of any taring authority that levsee taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. ` An y . facts ► t rignts interest, or claims which alz not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3„ Easements, claims of easement or encumbrances, not shown by the public or records; unpatented mining claims, reservations or exceptions in patents at authori2. g the issuance thereof; water rights or claims or title to water. 4. Any lien, or right to a lien, for taxes, worker's compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by iaw and not shown by the public records 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a corree t; survey would disclose. FOLLOWING AFFECTS PARCEL I . Tax=z for the year Origi al Amount Tax A 'unt Unpaid alance, Code No. Account Ne Map No. (Affects Lot 1996 -97 . $6,240.84 $6,240.84 $6,240.84 plus interest, if any 001, R.. 57900- 0830 1N2E2ODA 18500 6, 8 and 9) „ $5,334y45 plu 6c. Taxes for the year 1993 94 Unpaid.8alance • $ ► 980.60 plus interest/ if any. 6d Taxes for the year 1992 -93 t1npaid Belance • S6/70 (Continued) inued) SCHEDULE Er rage No. • axes for the year 1991 -92 \ if an 6e plus aid Balance $7,973.08 lus interest, 6f . Jud +-. ant arising out of tax foreclosure for the tax years 2991 -92 through 1994 95,' Case No A950704944, entered on September 18, 1995, decreeing sale of the s eject ; property to Multnomah County, Oregon. 6g. Statuto rights of redemption under tax foreclosure proceedings under 0 R.S. Chapter 12. 6h. Any loss • claim of loss resulting from or occasioned by an attack upon tax foreclosur proceedings as set forth herein, which attack is based upon denial of due proc ss oL law for want of personal service or actual notice given to j proceedings to persons claiming by �.n said foreclosure proteedn s and encu 4rar.�.es d through he junior encumbrances. 7 Taxes for the , ear 1996 -97 Original Amoun ►. : $629.70 Tax Amount $6?9.70 Unpaid Balance $629.70 plus interest, if any. Code No oo1 Account No R- 57900 -0890 Map No : 1N2E2ODA 18600 (Affects Lots 10 an 11) 7a. Taxes for the year 1••5 -96 Unpaid Balance $556.30 plus interest, if any lb. Taxes for the year 199495 Unpaid Balance 45.59 plus interest, if any 7c. Taxes for the year 1993 -9 Unpaid Balance $67 .55 plus interest, if any 7d. Taxes for the year 1992 -93 p Unpaid Balance $754.4 1us interesti if any 7e. Taxes for the year 1991 -92 Unpaid Balance : $970.91 Us interest, if any 7f Judgment arising ising out of tax for`C osure for the tax years 1991 -92 through 994-95, Case No A950704944, ente ed on September 18, 1995, decreeing sale of the subject property to Washington ounty, Oregon. 7g.; Statutory rights of redemption under tax foreclosure proceedings under O.R. Chapter 312: SCBED+E Br Page No. 3 Eaecept3. iis, Continued Order No.: 762626wm 7h. ay loss or claim of loss resulting from or occasioned by an attack upon tax �Teclosure proceedings as set forth herein, which attack is based upon denial of due process of law for want of personal service or actual notice given to ju or encumbrances in said foreclosure proceedings or to persons claiming by and through the junior encumbrances if any, imposed by the City of Cortland 8 . Muna..,.��pal liens, Y' imp NOTES 'n iry has been directed tc the City Clerk, and subsequent advice Tom', i qu � has been made, vei7.1, , � � llow concerning the actual status of such elchar esounlesshthe City on drainage lien docket or wilt be made for water, sewer or sto g cla.�ms hem as liens and reflects them et on or before the date of closi g. Buyers with the appropriate City bureau or water and .r s should check wit. sewer di trice and obtain a final reading. Such charges are not adjusted in escrow. • None as of March. 11, 1997.) 8a. Municipal Bien For Account Number Ordinance Nu •e Lien Date Original Amount Balance Owing (As of March 11 imposed by the City of MID County SDC 00111463 r 99999999 February 14, $38,409.09 $38,409.09, plus , 1997) 1997 interest, if any. w•s,February 14 , 1997 in Volume 97 Page. 02 2701 th . s ugh 9) 9. The rights of the p lic, governmental bodies, and public utilities, in and to portion the limits of that ortion of the h.-ren described property lying within th streets , road or high yV� . 10. A judgment i'n the Circu stated and any other amo Case /Transcript No Entered t Court for Washington County', for the amount(S) tits due: :., C930738CV eptember 10, 1993 obert C. Wyatt, Inc. tional Mortgage Co 30,86500 plus attorney 7 costs of $156.44 plus p us las G. Pickett herein fees of $7,050.20 an interest, if any At t or ne: for Creditor Dou 1Oa: Notice of which was, Recorded 8e p tember if , 1993 . in Boob 2754 Page 258 11. t . o , Rights hts of Genan�s, as tenants on �, in unrecorded leaseholds (Continued) SCHEDULE ' B. Page No. '- 4 Exceptions, Cont /,need Order No.: 762626wm 12. Ths teport does not includ a search for financing statements filed in the offs :.e of the Secretary of State or in a County other than the County in which the et, tject property is situated, and no liability is assumed if "_a financing stat :ume is filed in the office of the Secretary of State relati ng to any interest fixtures affecting the subject property, nor is any liability assumed for inancing statements recorded in the County in which the subject property of l ated ,S wherein the lands are described in a manner not meeting the . . 93.600. NOTE: The subject cnstruction pursuan C1mmission. Although not be affected, the com the property is connected etc an exception in title in operty is within an area identified for future sewer to directive of the State Environmental Quality operty which is already connected to sewer lines will ny'will make no determination or representation that a sewer. (This informational note will not appear rance policies.) . Taxes for the year 199 Original Amount Tax Amount Unpaid Balance Code Na. Key No, Map No. 6-97 $3,234.49 $3,234.49 $3,234.49 plus interest, if any. 023.74 R489689 2S110AC -01100 13a. Taxes for the year 1995 -96 Unpaid Balance : $3,255.58 plus interest, if any. Taxes for the year 1994 -95 Unpaid Balance : $3,407.44 plus Interest, if any . 13c. Taxes for the year 1993-94 Unpaid Balance $4,169.30 plus interest, if any. 13d. Taxes for the year 1992-93 Unpaid Balance, $4,795.,68 plus interest, if any. Taxes for the year 1991 -92 Unpaid Balance $5,146.90 plus interest, if any. 13f. Judgment arising out of tax fore closure for the tax years 1991 -92 'through 1995 -96, property o.t950886Cit, entered on September 28, 19951, decreeing sale of the 3 pop Y Washington County, Oregon. 13g. Statutory rights of redemption under tax foreclosure proceedings under O.': Chapter 312. SCHEDULE B, Page 'No,. 5 Exceptions, continued Order No.: 762626wm 13h. Any loss or claim of loss resulting from or occasioned by an attack upon tax foreclosure proceedings a s set forth herein, which attack is baa sed u p on den ial of due process of law for want of personal service or actual notice given to junior encumbrances in said foreclosure proceedings or to persons claiming by and through the junior encumbrances. 14. Municipal liens, if any, imposed by the City of Tigard. NOTE: An inquiry has been directed to the City Clerk, and subsequent advice g No search has been made will follow concerning the actual status of such liens. N or will be made for water, sewer or storm drainage charges unless the City claims them as liens and reflects them on its lien docket on or before.the' date of closing. Buyers should check the a appropriate City bureau or water and ' sewer district and obtain a final reading. Such charges are not adjusted to escrow, 15. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies and assessments thereof. 16. The rights of the public, governmental bodies, and public utilities, in and to that portion of the herein described property lying within the limits of streets, road or highways. 17. Limited access provisions contained in deed to the State of Oregon, by and through its State Highway Commission, which provides that no right or easement of right of access to, from or across the state highway other than expressly therein provided for shall attach to the abutting property. Recorded June 21, 1952 in Book 334, Page 55 18. Restrictive covenant for a non-access reserve strip, including the terms and provisions thereby, Dated August 13, 1990 Recorded : August 17, 1990 as Recorder's Fee No. 90 044448 19. Driveway Easement Dated, Recorded By and between Agreement, including the terms and provisions thereof August 16, 1990 August 21, 1990 as Recorder's Fee No. 90- 44829 Robert C. Wyatt, Inc., a California corporation and Texaco Refining and Marketing, Inc. , a Delaware c`arporat ion 20 A judgment in the Circuit Court for Washington County, for the amount(s) herein stated and any other amounts due: Case /Transcript No Entered Debtor (s) Creditor (s) Amount (s ) Attorney for Creditor (Continued) 9300451CV July 1, 1993 ,. Robert C. Wyatt, Inc., a California corporation aOregon co . National Mortgage Co., an o g corporation $43,063.00 plus interest, if; any Not discloses SCEEDOLE . H. Page ;No. 6 C� ons, Continued \ Order loo.: 762626wm 21. A judgment in the Circuit stated and any other amou Case /Transcript No. : Entered Debtor(s) Creditor (s) Amount(s) Court for Washington County,, for the amount(s) herein nts clue - C930738CV September 10, 1993 Robert C. NYett, Inc. Nationa;!. Mortgage Co. $230,865.00 plu i attorney fees Of S7,050-20 and costs of $7.'16.44 plus interest, if any Douglas G. Pick'att Attorney for Creditor 21a. Supplemental judgment for Entered Creditor Debtor Amount(s) Attorney for Creditor attorney fees, December 9, i99 National Mortgage. Co. Robert C. Wyatt Inc. $10,062.50 plus interest, if any Douglas G. Pickett 22 Rights of tenants, as tenants on?.y, in unrecorded leaseholds. 23. This report does not include a search for financing statemsntS.filed in the ry County in which office ount other than the the sub'ecthppais situated,�andnno liability is assumed if a financing 3 property ry g - ny statement is filed in the office of the Secretary of State relating to a interest in fixtures affecting the subject property, nor is any liability assumed for financing `statements recorded in the County in which hch not subject property is located, °° described' in meeting the herein the lands are. descr3b requirements of O.R.S. 93.600. NOTE: An inquiry of the Office of the Seore + State . inquiry Lary of S has d3.sdlosedl that ROBERT C. WYATT, INC., a California corporation is authorized to do business in r the State of Oregon. OREGa' TITL - CE PANY LJJ/mlw this Map Provided As A rtesy Of Oregon Title Insur Co pan; This sketch is made solely for the purpose of azdsting in locating said premises, and the courponv assutme^p no liability for variations, if any, in dimensions and lomations ascerti; anesl by ta rual survey. r f +i r, C701?!.57* 77Y! !Sy; r:thThiCR4fk .744:.: "..t:? 1200 4/4 AC 7 0 :C 500 x CITY OF TIOA 1' PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that acda item. Visitor's Agenda items are ask d to be two minutes or less. Longer matters can be set for a future Agenda by contacttne either the Mayor or the City Administrator. Times noted are °get it is recommended that persons ieterested in testifying be present by 7 :15 p.m. to sign in on the testimony sign -in sheet. ne ,1 0 a. e itcan, a rdn a r a r lad .m. sistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the ?holiday prior to the Council meeting. Please call 6394171, Ext 309 (voice) or 684.2772 (TDD Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to, arrange for the Following services. Qualified sign language interpreters for persons with speech or hearing' impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is allow as much lead time as possible. Please p ass nofy of your preceding the meeting date at the same phone important o need � x.00 p.m. on the Thursday p g g phone as listed above, 639-4 • 17'I x309 (voice) or 8772 (TDD Telecommunications Devices for the Deaf) e AGENDA CITY COUNCIL MEETING m JUNE 24, 199 ° 6 :30 P.M. STUDY MEETING Agenith Review The Tigard City Council may go into Executhre Session under the provision of ORS 1:"2.660 (1) (d) (e), a (h) to dhows labor relations, ' property tramsactions, current and pendicag litigation issues. All discussions wi ' . this session are confidential, therefore, nothing from this meeting be disclosed by those present. Representatives of the news media allowed to attend chit session, but must not disclose any information discussed dulling this ap ion 1. BUSINEF;S MEETING 1.1 Carl to Order m City Council & Local Contract Review Boat. 1.2 ' `Il Call 1.3 edge of Allegi2nce 1.4 Council Communications/Liaison Reports 106 Call to Council and Staff for Nor .Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed b: motion for discussion and separate action. Motion to: 351 Approve City Council Minutes May 27, 199T 3.2 Resolution Appointing Liz Newton as Deputy Recorder fo r the period of June 23, 1997 to Jul 3,1 99 July 3,1997 Resolution No 7 [, r; ar e, . m. *.' .t�' .,` w " .l r! y %. C ► t. Any T' S Heinz relmested iv be removed from tho Consent enda for separate disduidn will be considered immediately after the Council has voted on those items which do =treed discussion. i p Public Hearing Cancelled: National Mortgage Comprehensive Plan Amendment (CPA 94-00011171N 940001) (Loy ,M on: 11300 SW Bull Mountain Road) PUBLIC HEARING - 1997 -98 USES OF STATE REVENUE SHARING a. Public Haring Opened b. DecInrations or Challenges c. Summation by Budget Officer d. Public Testimony: Proponents, Opponents e. Recommendation by Budget Officer f. Council Questions or Comments g. Public Hearing Closed h. Consideration by Council • RESOLUTION No. 97- - A RESOLUTION CERTIFYING THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES • ORDINANCE NO. 97- AN ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES . PUBLIC HEARING - 1997 -98 FISCAL YEAR BUDGET a. Public Hearing Opened b. Summation by Finance Director c.. Pub lh Testimony (Proponents, Opponents) d. Recommendation by Finance Director e. Council Questions or Comments f. Public Hearing Closed g. Consideration by Council: Resolution No. 97 "FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO.9 as Staff Report: City Engineer PUBLIC OPPORTUNITY TO COMMENT - FIVE YEAR CAPITAL IMPROVEMENT PROGRAM a. Staff Report: City Engineer b. Open Public Comment Pro oneits, Opponent ) c. Close Public Comment d. Council Discussion e. Council Consideration: _... Cons. deration. Determine, e,b Council motion the Capital Improvement Program for Fiscal Year 1997 -98 ' MO UIVCIL AGEC�DA � JIUNE 24,1�►�►7 � PAGE 3` LL r1 I aA '7 ?RESENTATION: PASSENGER RAiLSERVICE I PDA TI Bob Post of pm Consuitantt . ' REQUi:� ST LAI USE APPLICATION FEE E a ▪ Report by Senior Planner Dick Bawer; o 1 ON- AGENDA ITEMS • EXECUTIVE SESSION: The Tigard City Council will go into ' Executive Session. under the provixions. of ORS 192.660' (1),, oh' (a,, & (h) to discuss 19bor . ,elation, real proparty transactions,' current and ° pending litigation ssue�s. As you � are awaits, all � discussions within this session are confidential; therefore nothing from this meeting fl y be disclosed by those' present, Fcpr sentatives of the news mediae are allowed . to attend this session, nut 'must not disclose any information discussed during this session. 13. ADJOURNMENT COUNCIL AGENbA - JUTE Z4, 1997 = i A+ E 4 Ake CITY Of Tr ARD Community ,Development Sleaptng' ' fetter Community NOTICE OF CANCELED PUB!!C NEWRIN6 REM NOTICE IS HEREBY GIVEN THAT THE FOLLOWING ITEM! HAS BEEN CANCELED AND WILL NOT BE HEARD BY THE CITY COUNCIL AT THE MEETING ON TUESDAY, JUNE 24, 1997. visimammisim FILE NO: FILE TITLE; COMPREHENSIVE PLAN AMENDMENT (CPA) 94 -0001 ZONE CHANGE (ZON) 94 -0001 NATIONAL MORTGAGE COMPANY APPLICANT: Meyer & Wyse L.L.P:, Attorneys At Law Attention: Bruce Orr 900 SW Fifth Avenue, Suite 1900 Portland, OR 97204 OWNER: Robert C. Wyatt, Inc. By Kimberly Ann Doyle 5642 Los Angeles Avenue Simi Valley, CA 93063 REQUEST The property owner had previously requested that the city revoke a portion of its previous approval of CPA 94- 0001 /ZON 94 -0001. The property was in the process of being sold to another owner through a sheriffs sale., during this time in wh ich National Mortgage claimed ownership of the property, which was incorrect, A STIPULATED JUDGMENT AND DECREE GRANTING DECLARATORY RELIEF HAS BEEN ISSUED RETURNING THE PROPERTY BACK TO ITS PREVIOUS ZONING. THEREFORE, TAX LOT 01100 SHALL BE RETURNED TO THE ORIGINAL GENERAL COMMERCIAL (C -G) ZONE, NOT RESIDENTIAL. IN CONCLUSION, THERE IS NO LONGER A NEED TO HOLD A PUBLIC HEARING ON THE AFOREMENTIONED ITEM AND CONSEQUENTLY, PUBLIC TESTIMONY WILL NOT BE CONSIDERED ON THE ITEM AT THE CITY COUNCIL MEETING ON JUNE 24, 1997. LOCATION: 11300 SW Bull Mountain Road; WC`IryM 25110AC, Tax Lot 01100. (Over for Map) APPLICABLE REVIEW CRITERIA. Community Development Code Chapter 18,32: ZON 0i: property Y i9 ' R- R-25. T . i es i es The is currently designated The 'P'� �� Zoning District provides sites i d : units for for single-family attached and low, medium, nse,m�Iltlple•`ramlly residential . medium -high density residential development, The property owner has requested that the property be re- design ted General Commercial (C-G). The C G Zoning District permits the provision of kq range of major goods and services. I FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY A L� 3 G, HALL B OILEvARD, TIGARD . OR ECO 97223. . NOTICE OF CIIIICELEI 6/2'197 C.C. PUBLIC HEARING ITEM CPA 94- 000'1') .ZC)N 940001 NATIONAL MORTGAGE Co., LEGIBILITY STRIP WI11TNAvyie • et w -J JEFF H. BACHRACH P.jMELA J. BEERY MARK L. BUSCH d. DANIEL CHANDLER +; DOMINIC G. COLLETTA** CHARLES F. CORRIGAN* STEPHEN 44. CREW MARTIN C. DOLAN PAUL C. ELSNER GARY F. FIRESTONE* WILLIAM E. GAAR G. FRANK HAMMOND* KENNETH D. HELM MALCOLM JOHNSON* MARK P. O'DONNELL JAMES E. OLIVER, JR. TIMOTHY V. RAMIS WILLIAM J. STAI,NAKER 'DO siNELL RAMIS CREW CORRIGAN & BACHRACH H ALSO ADMriED TO PRACTICE IN WASHINGTON ALSO ADMWIED TO PRACTICE IN CALIFORNIA ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA Mr. Bill Monahan City Manager 13125 SW Hall Blvd. Tigard, OR. 97223 ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: ($:O3) 222 -4402 FAX: (303) 43- 2944' PLEASE REPLY TO P ORTLAND OFFICE' June 2, 1997 RECD JUN 04 19.7 94 cd CLACi kMAS COUNTY OFFICE 181 N. Grant, Suite 202 Canby, Oregon 97013 TELEPHONE: (503) 266 -1149 VANCOUVER, WASHINGTON OFFICE First Independent Place /220 Main Street, Suite 451 Vancouver, Washington 98660-2964 TE LEPIEIONE: (360) 599 -7287' FAX: (360) 69947221 JAMES M. COLEMAN SUSAN J. WIDDER SPECIAL COUNSEL Dear Bill: As a follow up to the City Council executive session and in response to your voicemail g Friday, May i_ g copy signed ip j in judgment enclosing a co of the s� ed stl ulated� the s n e message �ncla lea 30, 1.997 I am the declaratory ;judgment action filed by Robert C. Wyatt, Inc. This judgment is a form as previously provided to me and to you. The letter agreement which I prepared has also been executed by both patties; a copy of t' at document is also enclosed. You will note that the only changes were that the City will not appeal this declaratory judgment ruling and will also not seek costs back against Wyatt. I i regarded both of these points as inherent in cur agreement. i steps y ,ary reflect I am by copy of this letter asking Jim Hendryx take whatever �t �s are nece � to to the change in zoning on the appropriate map or maps. The City has five working y accomplish this, which Jinn felt was more than enough time. , O'DC1N ?tEL I: 'S CREW CORRIbAN & BACHRACH Sincerely,, Enclosures cc: Tim Hendryx, Community Development Director PJWacm/90024 /nr,tional.ItT A re- 05/30 97 FROM: nowt* L. M[YSII SCOT! e.'W %e I@oeelr* o ctocAvctc .LOINVa►''owol$ 4S DANINL e.ARaaT1145NO':I eM%06 H, ;mac, NLI,$N MVL001 „MMe! S. •wTOL/ wr,un►111. 503 273 9135 92432944 247 ZEYt8 c IA/VISE . A'1TORPIET AT LAW 900 5, W. RII^re, AVrP4U& SNITS 19 00 PONTIANDi OFIZOON f 7D04 scLePHONL4tO3) artaso4KO RACSIMII-CtioGiI t9i,�lra■ day 30 , 1997 PA •AA MEMStISNIPP Itl Ap01TIOM To o$eooMi IcA`iFORlliA 0.1NAstleNiTON ae+MAINa' PamelE 3 J. Beery' O'Donnell Ramis 1727 !IW Hoyt St Portland, OR 97209 ' Re: Tax Lot 1100 Dew Pals Enclosed is a coni!orm 4 aop;if of the Stipulated Judgment that was "signed by Judge Bonebrotke this morn ng • t l c ,i!; � ' g the Jus qe Honlebrakt yid. aek about Burro sd. �� dispute and througbly reviewed the Sti; + fated Judge.mftnt. He a PP eared satisfied wit h the for ^nd content of the V pu atad Judgment and signed it AccordinglY, Please ask the City, Of Tigard to proceed as noted in the Stipulated Judgment and as ref1eoted in t settlement letter. Thank you, again for your aasistand;e, arid Please convey to the City my client's appreciation that it was willing to finally revolve this matter. BO /bkw cc: Michael Caine Helen Bi*res v Tru You 1Thie • J 1 05/30 10:52 1 997 FROM: 97,p 10 :40 MEYEI 2 3 4 6 7 8 9 10 11 12 13 14 15 16 1'7 113 9 20 21 23 24 25 26 503 273 9135., 3 9243.4 TO: 2473 AF,+ t W A5}11li 91A 30 1W THE �.yEiE CIRCUIT COURT OF THE STATE OF FOR THE COUNTY OF VASHIN' TON ROBERT c. WYA'i'T, INC., a No. C9705�4Cv California corporation, Plaintiff, , JUDGMENT AND AND STIPULATED JUDGMENT DECREE GRANTING DECLARATORY v. ) RELIEF CITY OF TIGARD Defendant. ) ) This At.. t er came before tree Court a the petition of �, f declaration as to the rights and obligations of Pla�,,,ra�,ft for d Plaintiff and Defendant. ..... the st ulation of the parties, the court finds Based upon �h F � ies have an interest in the questions raised Y the that the part complaint and D of erldant has been properly' served with process, Defendant has waived any objections . he ` to such sgx�teeQ that t r `+�cta.bns� t Court has jux ctian of the parties to the proceedings and that �.sd�. •21 OREGON PAGE: 3' N0.091 Fare 5r IFOLAATED aUDGM EN TED RELIEF DECREE 1 GRANTING DECLARA R ilmetick & ors LI.? Suite 19no 064,. :W. Fifth A$14 V u, Ebro ihd4 Okelgon �172a4 t503) .y2v 944$ rAtittwtlli ISD !14.40t5 SINEW -a 05/30 10 :52 1997 FR0RA7,. 9 '3t '97 p 10:40 503. 273 9135` -� 92432944 TO: 2473 PAGE: .09j 1 a Justiciable controversY exists between the Parties .�. i ations; and the Court having been fully a d��s �ad 2 rZghts end! obligations; 3 on the premises. 4 NOW, THEREFORE, TT TS HERESY ORDERED, ADJUDGED , AND DECREED as follows • 5 of Tigard s ordinance 94 e 6 12 is void and 7 is 1. That the City with of no further force or effect only i dC'� with res' eC� to, _at11 respect to, the re ,:I *State described in Exhibit 1. attached � res co�mor►�.y. 9 hereto and by ` this ref grewe incorporated herein, Cerred to as Tax Lot 1100. (Nothing in this judgment s�' 10 xe� � not valid to suggest or imply � construed t g that ordinance 94 �.2 is no eQnstr�i g l as to Tax Lot 1200 which to adjacent to Tax Lot 1100, nor may 1, ent have any p 3 this recedan a.al value with respect to Tax Lot .h.s judo 14 1200 or any abutting property or others sinllarly sxtutat,adt.) Tax 15 Lot 1100 is, and shall be, zoned general commercial, subject to 16 any later rezoning that is accomplished pursuant to applicable g 17 law. Defendant is authorized to and shall .. reflect this y it 18 it maintains declaratory judgment in all maps and records that main to 19 concerning the zoning of real estate within Defendant city 20 l Defendant: is also authorized' to give notice to a.1 other �.nr.ats 4 21 authorities governmental agencies as may be necessary or general commercial and 22 appropriate, that Tax tot 1100 is zoned 23 not residential ay have any supplemental relief as may last except, however, ouch' A lad <nt�ff or pro ex` ureuaht to ORS 28.080, p ?� i�esceesaary"" �' p 26 Page =2 STIPULATED JUDGMENT T AND DECREE. GRANTING DECLARATORY REL%tr 4wtia LLR Sulks 1900 Oco S.tc MuM th ini" poi i� �n i 0i4066 97204 ('0.11 '222 -Still toesit lui (503) 173,0i 7 : FROM: 2 shall not include any cosh 027 attcrneY feels e�p�a],�mental, � ®Lies • Z to be awarded against Defendant and' 3 �, fees shall be awarded a�gaina� 3. No costa or �ttcrra y. either party. 5 DATED this day rf May, 199 10 Bruce Orr, o Attorzitly for Plaintiff 11 12 Famela T. B ry, OSB 80181 i3 Attorney for Defendant ant 14 15 Submitted by: OSB No. 81329 Brakes Vii. Orr, 16 Mayer & + yse, LLP 900 3W 5th Ave, Suite 1900 17 Portland, OR 97204 Page 3 - STIPULATED JUDGMENT zap h` DECREE GRANTING DECIAIWTORY REtnr StweitMWAraixoli4dVart amps?, 520 5, 'fat iiht Sulky 1!00 hta LLtt, FYrtb *MaihUi+ tb 14,141 d4 rasi on „01204 ($03) 224 .441 .. Fat dikti *: 1503) t7a -435 'I 05/30 10:53 053'30<9?0. 1' 997 FROM: 19:40 503 273 9135 4 92432944 TO: 2473 PAGE: NO.09 tract of land situated is the Northeast: ques ar of Section 10, ship 2 so Range e ], arlY. west, being p Meridian. a9 follows: xla�aetC. Mlxidi il . Waskington County. described. 9lginning at the intersection of the Southerly line of of U 1 u t& n Road, (a foot road) with the Westerly right -of -way litre wide county Southerly line ®f Sv�l�. Highway 99 -W) r chance South 7S" 00' 30" west along the of the line f Bull c be , ' mountain Road 173.57 feet to the true point of beg nnitlg � 07' SouCpi iZ 07 3 East ,.. e,�esc;ibe:di thence lead said Southerly read k3ne: end � t20.67 feet: thence South 760 96' 30' East 101.43 feet to a point in the Westerly right -of -wavy line of said SW Pacific Highway ' (Ste �9 91) ; tha South 31 30' 30 " West along said 1eateriy► right of «ag line. 7fSt en 7337' 59 '° 62.58 feat; 3 test; thence Korth 110 59' 30' west .124.7.7 tee(: the:cicr worth 32 27' 30 East 44.3? ! thence 10.99 filet :lotus M . h 49' 33' a Ce!t�traL angle, of -dZ• 45' the arc f6a 10,00 �foot radius ocu 'tae to thence le of 62* 45 theasc (tine chord of which bears 'Dtvrch 18' Southerly ling ofQBuhe�urita#I�R�giad: thence Notch meat 30,1$ K So Y' 780 00' 30" along said Southerly road line. 68.03 fast to the true point of be fnniq. w CW t h �tC Portion 6'f` the Northeast rune- quarcer of Section t.3, Township 2 l�XCD�T THE -FA P hfh'� Un Washington COtY, Oregon, described lbed ae South. Range 1 crest, Willamette Meridian, a1s 3 follow:: of the Southerly margin of S1 9u11 Mountain Road with Commencing St the intersection wa 99�Wi . the5euthcntt the Westerly right-of-way a►cific Highway (Stater Righ Y y i ht�ot -way o� sw P � to a go�:�t 33.00 f�et o ZY 12�' 02' 17 East along said right-of-way 3.00 fre " t, the cente gin i B last along said, and c„�, Mien, measured pesp��diCUlar to, �, 03 L i8 AOttd r ;�nui South 22° con a of said SI► Bull M�� nCa ; ,. the true - 40.2s tb beginning: ohs beginning K, of a 1.05.00 foot radius cures .to ch. righti � 21. feat; thence couch 3 a° 12 • thence of ay ; 67 ce ct�suce Scu herZy ao�tg Z�►id curve a'� 5t ; � � right � .v Z15 h00if etc thence North 38' 33:00 c4 a inc on a tins which along �St�id rlg is et; . .. " ... 230.10 fee; � tss�_, 1Q . .chance North l�1 59 30 West co, the cent:er�.rhe of said SW Dui 12 West a feet SaueZaez�ly of, when measured perpendicular MOtinta n Road thence North 78° 00' 30" East *long said 1ins 217 00 feet to the t•nue point of beginning. raRTTAER M that .. ortion conveyed tb the Sae of Oregon, by and through igh its StatFZ' THERE p s2 � �k' 33��1 r raga SS e Highway Commission, in Dead recorded June 21. 1.9 Ca!TtNG that portion o-nve red to the C 8 need hiagtoct �� � of ... ncin Dedication Nas icordlsd . , t ,. acs of orego County, political subdivisions O. the St st 17, 1991 as Recordee s Fes No. 90044447. F EXHIBIT PAGE . .. d CITY Of TIGARD Community Oneopment S6apnng)1 Slitter Community PCHFAIIINGNIICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON EU SDAY, saalE14 1937 AT Lala PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: COMPREHENSIVE PAN AMENDMENT (CPA►) 94-0001 ZONE CHANGE (ZON) 94.0001 FILE N .. FILE TITLE: NATIONAL MORTGAGE COMPANY APPLICANT: Meyer & Wyse L.L.P ,Attorneys At Law OVVRER Attention: Bruce Orr S00 SW Fifth Avenue, Suite 1900 Portland, OR 97204 REQUEST > LOCATION: APPLICABLE REVIEW CRITERIA: ZONE: Robert C. Wyatt, inc. By Kimberly Ann Doyle 5642 Los Angeles Avenue Simi Valley, CA 93063 The property owner ! as requested that the city revoke a portion of its previous approval of CPA 94- 0001/ZON 94- 0001. The property was in the process of being sold to another owner through a sheriffs sale during this time in which National Mortgage claimed ownership of the property, which was incorrect. 11300 SW Bull Mountain Road; WCTM 28110AC, Tax Lot 01100. Community Development Cale Chapter 16.32. The property is currentty designated R -25 The R -25 Zoning District provides sites for single - family attached and low, medium rise multiple- family residential units for medium -high density residential development. The property owner has requested that the property bc la-designated General Commercial (C-G). The C -G Zoning District pemits the provision of a range of major goods and services. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER OF PROCEDURE ADOPTED BY HAPTER 18.32 OF THE COMMUNITY ,U' IL AND AVAILABLE ATNCITY HALL, OR RULES OF PROCEDURE SET FORTH IN THE. TIGARD CITY COUNCIL AND A CHAPTER 18.30. ASSISTIVE LISTENING ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL DEVICES QUALIFIED SIGN LANGUAGE INTERPRETERS HEA y A RED ALSO ENDEAVOR TO ARRANGE FOR QUAL RETERS AND QUALIFIED S s R (503) 684 - BILIIuGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, W. ,, 839- �d�'171 320 (VOICE) 2772 (TDD - TELECOMIwr �.aNIICATIC1tvs DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CPA 94- 00012ON 94.0001 • NATIONAL MORTGAGE CCU. • ,`NOTICE OF 8/24/97 C.C. PUBLIC HEARING .o, LEGIBILITY STRIP Dot O. TO., Pr.�,.SE�1T WRITTEN TESTIMONY ON THIS PROPOSED . ANYONE � VVI ACTION, MAY DO SO IN. SH'!,N M ED A w� . „�,. ; i, T PRESENTATION ViIR PRIOR TO OR AT THE PU ®Llt� � t?os- .htlNO �:��°aL - I'i INC TESTIIM Y MAY B� PRESENTED AT THE HEARING.' AT ,THE' PUBLIC I�EARItNG, THE CITY COUNCIL WILL RECEIVE A STAFF AFF R EPOR. ` NG AND INVITE .BOTH, ,OR. +.�L AND WRITTEN., FROM THE`'' CITY PLANNER, OPEN THE .PUBLIC HEARIT. �; .4, * CONTINUE THE PUBLIC HEARING PTO , A� �T fHER MEETING TO OBTAIN TESTIMONY. THE CITY. ;COUNCIL. . �: �Y , ,. ADDITIONAL INFORMATION, OR CLOSE, THE PUBLIC HEARING AND ° TAKE 'ACTION ON THE APPLICATION. S EVIDENCE . - IN SUPPORT TO THE APPLICATION AFTER; „::.3 ` ANY PART'(' IS IF A PERSON SUBMITS, F ENTITLED TO ,REQUEST A CONTINUANCE OF THE HEARING. l ,THERE IS NO CQNTINIJANCE GRANTED AT HEARING, ANY PARTICIPANT IN THE RECORD CAN FOR N THE HEARING MAY REQUEST �+ � ORGY REMAIN OPEN F THE HEAR EST THAT SEVEN DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE AT LEAST (7) MADE QNL Y AT THE .FIRST EVIDENTIARY HraARING (ORS 197.763(0). INCLUDED IN THIS NOTICE IS A .LIST OF . APPRt?rVA L CRITERIA APPLICABLE E TO THE REQUEST FROM THE `'�*RD COMPREHENSIVE PLAN. APPROVAL AND 'TIGARD COMMUNITY DEVELOPMENT CODE AND "�h1E;; l ►�� . BE BASED UPON THESE CRITERIA A OR VAL OF THE REQUEST BY THE CriY COUNCIL. 'V U. B. . DISAPPROVAL THESE CR ITERIA ONLY. AT THE HEARING a 'IMPORTANT THAT COMMENTS RELATING TO THE CRITERIA LISTED. REC�UES? PERTAIN SPECIFICALLY TO IC,A�`�LE �.� BY LETTER AT SOMI. POINT p RAISE ISSUE IN PERSON OR SOME PRIOR TO THE CLOSE OF THE FAILURE TO RAL.iE AN EVIDENCE SUFFICIENT TO ALLOW THE THE s a,���IED BY STATEMENTS RESPOND P!' EC � �'" • N APPEAL, AND FAILURE 3'O HEARING ON THB REQUEST A,CCOM� ��e HEARINGS R AND ALL PARTIES TO RE LU4:7S A COMPREHENSIVE PLAN O AUTHORITY A SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR APPEALS BASED WHICH A CO PRECLUDES AN APPEAL TO THE LAND USE BOARD OF AP COMMENT IS DI95ECTEI? ON THAT ISSUE. DOCUMENTS AND APPLICABLE CRITERIA IN 'THE ABOVE -NOTED FILE ARE , AVAILABLE FOR INSPECTION NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF REQUEST. AT LEAST SEVEN (7) AT NO THE, REGIUE , WILL AVAILABLE THE INSPECTION O LABLE FOR ,INS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT CMS �E A PER PAGE, OR TH CURRENT RATE COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS ( ) CHARGED FOR COPIES AT THE TIME OF THE REQUEST. STAFF PLAN RECORDER OR PLANNER, ,�,.t�lS FOR.. FURTHER INFORMATION � PLEASE CONTACT THE CITY BOULEVARD, i`IGARD, OREGON ,97223. ROBERTS AT (503) 639 -4171, TIGARD CITY HALL; 13125 SW HAL .,., ;. !"_ Cfta CP 94403120N 944001 • ,NATIONAL MORTGAGE, CO, r is • •- 1 NOTICE OF 612A197 PUBLIC WARING ROGER L. MEYER SCOTT C. WYSE RedERT D. GREAVES JOSHUA RADISH* DANIEL C. ARMSTRONG BRUCE H, ORO** HELEN RIVES ** JAMES E. BAR'rELS MARY G. CLINE, * ** ME`YEa WYE LLP ATTORNEYS AT LAW 900 S. W. FIFTH AVENUE SUITE 1900' PORTLAND, OREGON 97a04 TELEPHONE: (iO3) 22e1 -8446 FACSIMILE:(SC. 3) 273.9135 April 28, 1997 BAR MEMBERSHIPS ON, ADDITION TO OREGON: *CALIFORNIA **WASHINGTON # *MAINE ria FACSIMILE A_ D REGULAR ;, Tt Mark Roberts Associate Planner, AICP City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Tax Lot 1100: Revocation of CPA 94 -0001 and Zon 94-0001 Dear Mr. Roberts: Pursuant to your letter of April 22, 1997, enclosed is a copy of title report for the above referenced property. (The report also contains information about another parcel, but we have crossed out that portion of the report.) If you need any additional information, please telephone either Barb Wald, my y, Winslow, a Paralegal soon as office, me, and secretary, Dennis we will get what information we Possible. We have received several offers to purchase the parcE►1 in question, and RCWI intends to accept one of them, The closing will be contingent upon the revocation be finalized. We are very anxious to have the revocation completed as soon as possible. If there is any way to expedite the procedure, my client would appreciate the effort. In any event, it is very important that the hearing be held no later than June 24, 1997. If there is any chance that hearing ill not ha en on that date, lease let " me know immediately. m client is being damaged every day that � y the property remains zoned ;nnproperly. Thank you. aD y Ve y 4 r r rs B ce Or� to I HO /bmw um cc Michael Doyle (who encl) Dominic G. Colletta (tl\o encl) O'Donnell Ramis 1727 NW Hoyt St. Portland, OR 97209 04/28/97 10041 Rtr' L. Meyer Soot C. Wyse Rebel D. GG helms Iradish" Dine C. Arrnstroog Sworn K Orr" HO In levee, Juno. E. O M y G CI DATE FROM RE NAME COMPANY FAX NO MEYER YSE 4 9684 729? MEYER & WYSE, LIZP at Low OOC S Fi h Avenue suite 1900 Portland, Oregon Telephone: 04) 448 Fec &naa (S03)213413S NO.013 ®01 Bar i abterr:;ias in Reta ei To Clown: •Callorola r 'Weert '"°Marne FAX TRANSMITTAL SHEET April 28, 1997 Bruce H. Orr /Barb Wold Revocati ' oa CPA 94 -0001 and ZON 94 -0001 PLEASE DELIVER THE FOLLOWING PAGE(S) TO: Mark Roberts City of Tigard 69.gq`;72,..,/ WE ARE TRANSMITTING A TOTAL OF 12 PAGES INCLUDING 'CHI TRANiiiIIITTAL SHEET. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE PHONE US AT (503)2284448 OR RETURN A NOTE ON FAI& NO (503)273 - 9135., MESSAGE Please deliver the letter of this date and the title report to Mr. Roberts as soon as possible. ORIGINALS: PM Will be sent via regular mail J Will be sent via hand delivery J Will NOT bey sent Thollifirtnation ioetieltind in this facsimile trsesmittioe lw cootldentlai sib l ,e -it fisnded anfy PSI' 0* use or ► taiilvkleet o e tko tai ii+ ni 6t tie 1 rite ssel. tt, rsi' totibiki *Mutt n' pi ttscted by the olitwooNien ptiviteea it 0* r sr q(fi. mssaa t liti not dit illo es m, III M hemtii naflfiid t h N stilt dledloiiu, c pyino, dlehihuflon, or , tittlna t f sny edlon In sedans on ohs soi6tfie oh h'. star omiAlonon s st ' p ra t �ted, yout helr resolved l"e ticslm9is tnnsmleeloe In teo, oldies leeneitietelf Holy ys by a of flirt i.e ocw *I N, i2144404. M. ran Vninge tot the telum of the odioihal doctitfenitlis No US a ri0 cost t0 04/28/97 . :41 MEYER WYSE 4 96847297 ROOCR L, MCYtw CcOTT C. W! 5t NoISRT P.4.zCwas JOSHUA 11.11C1111NA O*MICL C. AISPI *TAONQ i181Jct 14 ;comae MILT CN R1vC114 JAMES E. gamy l $ *silos/ G. c6IMIC4 *1 MEYER & WYSE Lire ATTO,AP:tYro AT LAW, ®00 S. W. FIFTH AvtNUt' SSu1TIC IA00 PORTLAND, OR COON 10-;92Q41. TCLCl1NONCt1103) f2.Q•O44o R ►O51h11Lt:di17131`S!3w IaOM APril 28, 1997 No 013 NAIR INRMOGRSNIPS ON ADDITION TO OREGON: .CALIFORNIA iaWASNINOTEIN 4,4 *NAINC f.: A- Earg_Q.r AI it T 1 II 176"1113 i211i Mark Roberta Associate Planner, AICP City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Tax loot 1100: Revocation of CPA 94 -000: and Zug 94u -0001 Dear Mr. Roberts: Pursuant to your letter of April 22, 1997, ei closed is a copy of title report for the above - referenced property. (The report also contains information about another parcel, but we have crossed out that portion of the report.) If you Need sty additional information, pled se telephone either Barb Weld, my secretary, Dennis Winslow, a paralegal in this office, or nee, and we will get what information we can as soon as possible. We have received several offers to purchase the parcel in quest , pt one of them. The closing will be contingent upon revocation be finalised We are very anxious to have the revocation completed as soon as possible If tberet is any way to expedite the procedure, my client wou Ld appreciate the In any event, y . k,� ant that pPr s�c�ate the effort. �., it is ver i�npa� the hearing be held no later than June 24, 1997 If there is any chance that the hearing will not happen on that date, please let Me know iin ediate1ye MY client is being damaged every day that the property remains zoned • properly. Thank you. V s ,y r. ,�y Y^ re B ce • , or B Obraw 00: Michael Doyle t ao encl) Dominic G. Colletta (woo encl) O' Donnell R Mi 1727 NW Hoyt St. Pa rt. and OR 97209 0 i 0428/97 10::41 'MEYER SE 4 96847297: OREGON 'Tins Elm o= o COMPAN .013 Title Branch 3.515 S.P. Fifth .Avenue, Suite 940 Portland. OR ,97 (503) 220 -0343: " \ -. PRELEW1A .T TITLE REPORT' p' itOR xa81 I G TT TLiI INSURANCE EVER Date Prepared: March; 17, 1997 Meyer & Wyse Attorneys at Law 900 SW Sth 'Ave Ste 1900 Portle d, on 97204 ' Attn: Helen Rives Reference: ORDER NO 762629wm PARTY REP ROBERT C. WYATT, INC. PROP ADDR: OTHER REF BULL MOLTNTAI:N ROAD/SANDY BOULEVAA OREGON TITLE INSURANCE COMPANY is prepared « issue title insurance, insuring title of the land shown on Schedule A, subject exceptions shown on Schedule E. The Proposed oli or policies and tindorsements lare shown on Schedule A. Issuance of the P ol, icy or policies is conditioned en payment of the full premiums, and on recordation of satisfactory instruments establishing the interests of the parties to be insured. This report is based on the condition of title as of the effective date shown on schedule A, p arising t effective may affect this report. New excep tions wlapP earfor Matters arising through the prop osed transaction. An y change in the he amount of insurance or type of Coverage may cause the premium to change. This report is for the exclusive use of the principals to the contemplated transaction, and the company does not have any liability to any third parties. Until all necess he company remerves the a dacumenta are placed Preliminary title report for any right to cancel, amend or supplement t reason. Aay questions concernin g this Pr. elimna r title xe p oo rr t may be directed " to. stathy Clair 1 • The effective Bats of this preliminary tits a report is '5:00 March 3.1, 1997 - : The "policies and indorsements to be issued and the related charges are: Description Charge ALTA Extended Lender' for $250, 000.00 1.043.75 Government Service Fee 20.00 Additional Chain Fee 75.0 .` Pee ai mple interest in the land described at the effective date, by ROBERT C. N M'T, INC . , a California corporation 4. The land referred to in this report, ie described ae follows (Continued) F- 04/28/97 10:4; MEYER SE 4 96847297 NO.013 105 SCHEDULE A, Page No. 2 Legal Description, Continued Order No.; 762626wm CSLX; Lots , 6, 7,.8, 9, 1,0 and 11, Btee according to the duly filed plat of MONTCLAIR, the City of. Portland, filed Marc �3�'- 33.tt� .i Plat Book 516, Page 21, ` of Muitnomth and State of Oregon. Records of the � - S PARCEL XI: A tract of land situated in the Northeast curter of Section 10, Township 2 South, Range i West, Willamette Meridian, Washington County^, Oregon, being more particularly described as follows Beginning at the intersection of the Southerly line of Bull Meg untein Road, (a 60 fow' wide county road) with the westerly right-of-way line of SW Pacific Highway, (State Highway 99 -W) thence South 7B° 00' 30" West along the Southerly line of Bull Mountain Road 173.57 font to the true point of beginning of the tract here,n to be described; thence leaving said Southerly road line and running south 120 01., 30" ,Past 128.67 feet; thence South 76° 56' 30" East 101.43 filet to a point in the Wumterly right-of-way line of said SW' Pacific Highway (State Highway 99 -W) ; thence South 31° 30' 30" West along said Westerly right -of -way line, 214.79 feet; thence North 73' 27' 30" West 122.77 feet; thence North 32° 27' 30" East 49.37 feet; thence North 110 59' 30" West 165.75 feet; thence Worth 49° 53' East 62.58 feet; thence 10.95 feet along the arc of a 10.00. foot radius curve to the left through a central angle of 62° 45' Atha chord of which bears Worth 184° 30' 300 East, 10.41 feet) ; thence North 12° 52' West 30.18 feet to a point in the Southerly line of Bull Mountain Road; thence North 78° 00' 3001 along said Southerly road line, 68.03 feet to the true point aE beginning. EXCEPT THEREFROM that portion of the Northea at one - quarter of Section 10, Township '2 South, Range 1 West, Willamette Meridian, ?asYington County, Oregon. described as follows: Commencing at the of the Southerly margin of SW Bull mountain Road with Y the Westerly right-of-way of SW Pacific Highway (State Highway 99 -W) ; thence South 12' 02' 17° East along said right -of -way 3.00 feet to a point 31.00 feet Southerly of, 'then measured perpendicular to, the centerline ef' said SW E 11 Mountain Road, and the true point of beginning; thence continuing South 12° 02' 17" East along said ig y beginning radius curve to the right; right-of-way 40.28 feet to the be inn3n of a 105:00 foot ra thence Southerly along said curve and right- of -way 79.24 feet; thence South 31° 12' 12" West along said right -of -way 215.00 feet; thence North 580 47' 48" West 56.80 feet; thence North 11° 59' 30" West 230.10 feet to a point on a line which is 33.00 feet Southerly of, when measured perpendicular' to, the centerline of said SW Bull Mountain Road; thence: North 78' 00' 30" East along said line 217.00 feet to the trite Point of beginning. FURTHER EXCEPT THEREFROM that portion Oregon' conve eel to the State of y 9 by and b 'nd through its State Highway Co isa� on, in peed reeerded' eune 21, 1952, Book 334, Page 55, AND FURTHER ,,IXCEPTYNG that portion conveyed to the City/ of Tigard and waahington y . M g .. ation Deed recorded Count....,, p+Olitti� cal ubdi'�iskotts of the St*�te of Oregon on in Y�ee9i.c August 17, 1990 as Recorder's Fee No. 90044447, { 0. CZ c 04/28/97 10:41 MEYER 96847297 Order 410.; Y62626wm ear NO.013 gffective Date* 5:00 P.14 on Merck. 11 1997 SCWIDCL$ II,, Paga No , 1 Except ..'or the items properly cleared through closing, the proposed polic or policies will not insure against loss or damage which may arise by reason of the following; 1. Taxes or assessments which ere'not shown as existing lions by the records of any taxing authority that levies taxes or aseeseManta on real property or by the public records: Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or riot shown by the records of such agency or by the public records. . My facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persona in possession thereof • _ es, not shown by the public • easements, claims. of easement or encumbrances, or�exce Lions in Patents or records; unpatented mining latme, reservations p P in acts authorising the i2suance the: ewti water r'.ghta or claims or title to water. • Any line, or 'sight to a lien, for taxes, worker's compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by law and not shown by the public records. . Discrepancies, conflicts in boundary lines, shortage in area, or any other facts which a correct survey would disclose. FOLLOWING AI UdTS PARCEL I .,Tax for the year 1996 -97 °rig) al Amount $6,240:84 lax A Lint $6,240.84 Unpaid alance $6,240.84 plus interest. if any Code NO. _ 001 ►codunt 1V Nap No. (Affects loot 6a. Tares for the Unr)aid Balance R- 57900 -0830' : 1I42E20DA 18500 6, 8 and 9) ar 1995 -96 $50334.45 p1ue interest, if any Sb . T(aXe t for the yvar Uapaid Balance 6c. 'PaXes for the year 199 Unpaid Balance 994 -95 $5,132.72 interest, if any 94 6 ,980.60 piUs interest, if any 6d. Taxes for the year 1992 -93 Unpaid Balance $6a7 (Continued) 42 plus into est, if an y encroachments 04/20,19.? 10 :41 MEYER YSE + 96847297 6 KC. 013 Sca DALE D. : Page Na 2 °options, Continued Order Mb.: 762626wm axes for the year 1991-92 U aid Balance : $7,973.09 plus intezer,t, if any. 6f. Jud, east arising out of tax forscroeure for the tax years 1991 -92 through 1994 5, Case No. A9$0704944, entered on September 18, 1.995, decreeing sale o the s • ject property to Multnomah County, Oregon. 6 g. Statute rights a sf redemption under tax foreclosure proceedings under O.R.S. Chapter 12. 6h. Any loss - . claim of loss resulting from or, occasioned by an attack upon tax foreclosur proceedings as set forth herein. which attack is based upon denial of due proc - se of law for want of given to per sonal service or actual notice junior encu rances in said foreclosure proceedings or to persons claiming by and through a junior encumbrances. Taxes for the Original Amour.' Tax Amount Unpaid Balance Code No. Account No. dap No. (Affects Lots 10 'ear 1996 -97 $629.70 $629.70 $629.70 plus interest, if any. 001 R- 57900 -0890 1N2B2ODA 18600 an 11) 7a. Taxes for the year 1 •5-96 Unpaid Balance $356,30 plus iY,tereet if any. 7b. Tames for the year 1994._95, Unpaid Balance 45.59 plus interest, if any 7c. Taxes for the year 1993-9 Balance ; Unpaid $67 ,55 plus interest, if any. 7d. Taxes for the yrttar 1992 -93 Unpaid Balance P $764.4 glue interest, if .any.: 7e. Taxes for the year 1991-92 Unpaid Balance $970.91 * 'us interest, if any°. arising out of tax to y 7f. Judgment 8 �rPe o ®ure for the tax e+a�c9 I i991 -sz through 1994-95, Case No A950704944, ante ed on September 18, 1995, . decreeing sale v the subject property to Washy ngtoa ountr Oregon. SCattlto Chapter 312. p oCeed,nge Under y R; B, 9 ry' rights Of sed+e tieain under tax tor�sCle�BuzeM t� ( Continued) 04/2e/97 10:41 MEYER WYSE 4 96847297 NO.013 $C UL2 L, Page me. captions, Continued Order No-: 762626wm y resulting from or . occasioned by an attack upon tax 7h. loss or claim of loss rasa►, f rec1osure proceedings as get forth herein, which attack is based upon denial o due process of law for want Of Personal service or actual notice given to and or encumbrances in said foreclosure proceedings or to persons claiming by through the Junior` encumbrances. 6. Muni . pal liens, if any, imposed by the City of Portland. " q� ry rented to the City Clerk, and subsegont advice NOTE: An �n ii has been direCted made or wil . be made for, water, sewer or storm drainage charges unless the city has bed O ag 3 Y will flaw concerning the actual status of such liens. No search clairmr► hem as liens and reflects them on _ its . lien docket on or before the date of clot g. Buyers should check with the appropriate City bureau or water and sewer ti trict and obtain a final reading. Such charges are not adjusted in escro! . None as of March 11, 1997.) Ida. Municipal ien, imposed by :he City of Portland: For : MID County STIG Account Numb r 00111463 Ordinance Nu • er Lien Date Original Amoun Balance Owing (As of March 11, 9b. Notice of which Recorded (Afecta Lots 4 99999999 FebruarY 14, 1997 $38,409.09 $38,409.09, plus interest, if any. 1997) W.Se February 14, 1997 in volume 97 Page 022701 th •Ugh 9) The rights of the pis lie, governmental bodies, and public utilities, in and to that portion of the h rein dascribdrd property lying within the limits of streets, road or high .yn 10. A judgment in the Circu t Court f r +WWshington County, for the amount (s) herein stated and`c any other amo nts due: Case /Transcript No. C93073tcv Entered epteijaer 10, 1993 Debtor (s) obert: C. Wyatt, Inc. Creditor (s ) : ticnal Mortgage Co. Mount (s) + $ . 0.865.00 plus attorney fees of $7,090.20 an costs of $756.44 plus interest, if any Attorney for Creditor : Dou, "lee C. Pickett 10a. Notice of which was Recorded September 2 r 1993 in gook 2754 Page 258 11. Rights of tenants, as tenan;,,s on , in unrecorded leaseholds. (Continued) 'U J 04/28/97 10 :41, MEYER lYSE + 96847297 NO. OP U09 scHpOgLB H, Page Na. 4 Exception., Continued ; Order NO.: 762626wm report not include a' search for financing statements filed in the . 12. Th re t dobsr off3 a of the Secretary of State or in County in which n a Count other than tl�e, County s ' set property is situated, and no liability is assumed if a financing the y �' stateme is fined in the office of the Secretary of State relating to any interest fixtures affecting the subject property, nor is any liability assumed for inenCing statements recorded in the County in which the subject property is 1 ated, whe 'sein the lands are described in a manner not meeting the requirements c !,. R. r 93.600. NOTE: The subject operty is within an area identified for future sewer construction pursuan to directive of the State Environmental laity Com;!ission Although operty lines will ' which is already connected to sewer li not be affected, the com -:'ny will mare no determination or representation that the property is eorin4cted'.• a sewer. (This informational note will not appear as an exception in title in ranee policies.) lam FOLLOWING AFFECTS PARCEL II 13. Taxes for the year 1996 -97 Original .Amount $3,234.49 Tax Amount z $3,234.49 Unpaid Balance $3,234:49 plus interest, if any. Code No. a 023.74 xey No. t 8489689 1'P.Ip No, 2S110AC- 01100 13a, Taxes for the year 1995 -96 Unpaid Balance $3.255.58 plus interest, if any. 13b. Taxes for the year 2.94 -95 Unpaid Balance a $3,407,44 plus interest, if any 13c. Taxes for the year 19.93 -94 Unpaid Balance : $4,169.30 plus interest if any. 13d. Taxes for the year 9.992 -93 Unpaid Balances $4,795.68 plus interest, if any t3e. Taxes, for the year 1991..98 Unpaid Balance $5,146.90 . p 3�s interest, if any. g t for the ts,x ye + through 13f , art 1,:►9I -92 199S-96, Case No. 950886C IT, entered SonESeptember 71S, 1995, decreeing sale of the subject property to Washington. County, areton 13g, Btatuto ry rights of redem p tion un der tax faret1osu re pr oceedin g s utder O.R. Chapter 312 (continued) 04/2®/9"x' 10:41 IEYER SE + 9684729? NO.013 Die SCOXDUS R. Page Ito. 5 Xacapt3.aone, Cvutiaued Ordler n a.: 762626wm 13h. Any 1088 or claim of loss resulting from or occasioned by an attack upon tax foreclomure, Proceedings as set forth, herein, wh7.ch attack is based upon denial' of due process of law for want of personal service or actual notice given to junior encumbrances in said foreclosure proceedings or to pergbns claming by and through the junior encumbrances. ipa1 liens, y. imposed by the City of Tigard. le. tunic if an • directed to the. City Clerk, and sttbsagi nt advice Y NOTE: An �nc�airy has been di"'uale search has been made . will follow concerning the act: status of such liens. No se, . drainage charges unless the City or will be made,for water, sewer or storm dram claims them as liens and reflects them< on its lien docket on or before the datc . of closing. Buyers should check with the appropriate City bureau or water and sewer district and obtain a final reading. Such charges are not adjusted in .escrow. 15. The subject property lies within the boundaries of the Unified d Sewerage Agency and is subject to the levies and assessments thereof. rights p public utilities, in and to 16. The sz lets of the public, governmental ood3,esa and. ub that portion of the herein described prtperty lying within the limits of .etreetec read or highways. 17. Limited access provisions contained in deed to the State of Oregon. by and through its State Highway Commission, which provides that no right easement trot or stross the state highway other than expressly of right of access to, it therein provided for shall attach to the abuttin g Property. Recordet June 21, 1952 in Bt-)k 334, Page 55 '18 . Restrictive covenant for a non- access reserve strip, including the terms and F provisions thereby, Dated August 1.34 1990 Recb7dtd : .August 17, 1990 as Recorder's Fee No. 90- 044446 19. y g , including the terms and provisions thereof, August 16. Dt'i'vewa Easement . A reemen+e. � "►,990` Dated.. r � �, 9 Recorded August 21, 1990 as Recorder's Fet mtZr. 90-44829 Inc, a California corporation and By and beCwQQri s Robert C. tTystt: P TsxacO Refining and Marketing. Inc- , a Delaware v9 corporation NMI 20. A judgcnent in the Circuit Court for Washington County, for the amount (0) herein stated and any other arunte due W. Cae:e /aransdript No. : 9300451Ctr' "°t Entered July l; 1993 Debtor (e) Robert Inc., a Cali tornia Corporation L ion Creditbr C e � National Mortgage CO./ an Oregon corporation y if any 063.00 plus lntarest Artiount {a) $ct�d�.sclosed Attorney for Creditor� N (Contitued) cc 0 ti ei <C=Atimed is 04, 2626ti A j udgment in the Circuit Court for Washington Coun t', or the,_ amount (s) here: stated and eriy; other amounts due Case/Transeript No C930738CV Entered ' Rer tembe r 1 199 Debtors) ®bert C .Wy&tt . I. nc Creditor (sD National Martatage Co Zniount ( s) $230,869.00 plus attorney feea 'o ,05 0.20 ' And-costs of $756`4ee pIu® interest, if any Attorney for Creditor s Douglas C Pickett 21a. Supplemental judgment for . attorney feea Rnte red December '9, 1993• Creditor National `Mortgase Co . Debtor .Robert C. Wyatt.:. Znc . Aimount (s) $i0, 062,50 plus interest, if any . Rttorney for Creditor i 04ug1aa G. Pickett . 22. Rights of tenants. '4s tenants only, in unrecorded 1 *°°holds'. 23, This re0 ort does not include a iearch' •for financing statements,. filed in the office ry the County in Which the t `� ' y 4f -a of the �ecreta of state or in a. county ,f �.nancinq ;, ©urity o er n P " ' • e • n relating to Any iaA�...at• is assumed aub� act pro arty is situated, of�theoS� crcta � State statement is filed �r .� interest in fixtures a.f feet in the Subject prepert,y, nor is any 1 iabi l ity lad in the o assumed for financing statements recorded in the Caune,y in 'which the s eject p g the r ®party i� located. wlcren the lands are described 3,n a • mttnrier not, meeting requirements of O.R.S. 93.600 TOTE: An iii icy of the Office of the Secrety of State has disc? osed ' that � &w e in ROBERT C. WYATT, o business the State of ire onC. , a California eorporatioz ie author S, DREG • ITL Kathy Clair comme ci sl Tit Officer' 04/28/57 .1 ®:41 96647 7 Y This Map Provided As A ourtesy OfA Oregon Title Insu., de Company This sketch Is made solely for the purpose of assisting lie loading suld. premiers! god . the coip tty assumes no liability fur variartions, if any in dimensions and l ^cLtions aseer. Mined by actual survey. • wc #R/$T 77#1 • :iv.; 1.61 TNiRaOR' 4:rae;;;t1 OP +� 900 di 22, 1997 ;m of noaac ORE60N Bruce Orr Meyer & Wyse LLP, Attorneys at Law 900 SW Fifth Avenue, Suite 1900 Poland, OR 97204 Re: Revocation rf CPA 94 -0001 and ZON 94 -0001 Dear Mr. Orr: This letter is in response to your request that the City of Tigard revoke the previous Comprehensive Plan Map Change existing n Ma and Zone Chan a fir; ..the restaurant site at 11300 SW Bull Mountain Road. As you have discussed . O'Donnell, Ramis, Crew, n�c Colletta of O Donn ,tam with Mr. Dominic Corrigan & Bachrach, Hearing ' tentatively before the the Public Hearn is tentatove scheduled b Tigard City Council on June 24, 1997 at 7:30 p.m. 9 day notice Department of Land Prior to sending the required 45 da to the De Conservation & Development regarding this change, the City will need a current t tie report for the property.. Please feel free to contact me concerning this information or if you have any further questions. Sincerely, Mark Roberts Associate Planner, MCP' i :Ic irpin maEU Olitle.doc �i c Dominic CollettaIO'Donneil, Ramis, Crew, Corrigan & Bachrach CPA 94- 0001/ZON 94 -0001 land use file 13125 SW Hall B rd. f Tigard, OR 97223 (503) 63944171 `ADD (503) 684 -2772 • F O'DONWJLL RAMIS CREW CORRIGAN & BACHRACH .iEFF H. BACHRACH PAMELA J. BEERY MARK L. BUSCH D. DANIEL CHANDLER ++ DOMINIC G. COLLETI'A ** CHARLES E. CORRIGAN* STEPHEN F. CREW MARTIN C. DOLAN . PAUL C. ELSNER GARY F. FIi,4,ESTONE* WILLIAM E. c AR O. F ANK HAMMOND* KENNETH D. HELM MALCOLM JOHNSON' MARK P. O'DONNEL.L JAMES E. OLIVER, JR. TIMOTHY V. RAMIS WILLIAM J STALNA10ER • ALSO ADMITTED TO PRACTICE IN WASHINGTON '• ALSO ADMITTED TO PRACTICE IN CALIFORNIA 4+ ALSO ADMITTED TO PRACTICE IN WASHINGTON AND MONTANA Krite,INEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 117LEPHONE: (303) 222-4402 FAX: (503) 243-2944 PLEASE REPLY TO PORTLAND OFFICE CLACKAMAS COUNTY OFFICE 181 N. Grant, Suite 202 Canby, Oregon 97013 TELEPHONE: (503) 266.1149 VANCOUVER, WASHINGTON OFFICE:' First, Independent Place 1220 Main Street, Suite 451 Vancouver, Washington 98660- 2964 TELEPHONE: (360) 699 -7287 FAX: (360) 699 7221 April 21, 1997 Bruce H. Orr, Esq. Meyer &Wise L.L.P. Attorneys at aw 900 S.W. Fifth Avenue Suite 1900 Portland, OR 97204 Rt Your Client: Robert C. Wyatt, Inc. Tax Lot: 1100 Zone Change Revocation RECEIVED KAM is APR 2 2 1997 crriOFTIGARD JAMES M. ((;OLEMAN SUSAN J. W1DDER SPECIAL COUNSEL Dear Mr. Orr: This letter is written in confir.nat qr of our telephone conversation of April 17, 1997, regarding the above- referenced matter. In that conversation, I advised you that a City Council hearing on the application of your client for revocation of the previous zone change would be scheduled for June 24, 1997. .. ; ay g LCDC, 20 days notice I also advised you of the requirements of 45 days property � � . r ' ,..::.notice of the earn week notice published in a y g the subject parcel, and 1 p. to owners of 1.11. � within 2� fii of advised you . a newspaper of genial circulation. y City 'Council would hold u that: the ; hearing on that matter, and the matter would be subject to vote. Prior to the hearing, a staff tu report will be prepared: In the event you wish to subunit materials to City of Tigard staff ni entbers for their use in pieparation of a report, we re q est that you pmvide copies of all submittals to this office, d%ected to the attention of Pamela J. Beery. In light of your information that tf matter will likely be I1 1. O'DONNI LL R I$ CP'.E.W CORRIKAN 6 BACN RACH Bruce H. ` Orr,: Apri1,21, 1997 Page contested by adjacent property ,owners, it is important that we be prepared to properly advise the City regarding any materials or inforination you may submit. Thank you for your continuing courtesy. Should you have any questions regarding the foregoin please do not hesitate to contact the undersigned or Pam Beery. Very yours, DGC /Halo cc: Ctty:of Tigard Attn: William A. Monahan Attu Mark Robert' F►:ola r. Beery c G. Colletta • ep. W U OAONNELL ,RAMPS .ET AL 503- 243_2941 Rp r ' 21 +7 1 OVONNELL RAMIS CRB CORRIOAN & BAC IRAC XTTORNBV1 AT LAW 1927 N.W. )Ioyt Rtct P oidold, Oregon 9720 TALBPIION8a (503) 222-+1402 PAX$.003) 2414944 KOMI gamely rolers•J mum W Y l!'RRYSBO, IlD'AND COMPIPIINTIA 101/41 reRMATVVM INT*MDE 4LY 'I'M{! Of ��k�tU C AT1oN MAY C6Ts':l1A�i' OF A7i�D1�� ` DIT°C1I �U s NN TIM THS PM YS 0 AGSM' ItNI�ON% R To DIL1V �'T"O TN �1N %2D I ClPl t, YOU �r�'WpS►.� R�11Ji1', ORTNR �NI v rinC!lV �:;i:1 OMMU ATIoN IN sands�'rl.�w IMM*DIAT T PY Us IY AAR Y NCR'1111110 THAT ANY DII{IIIIN�I3NATION► DISTRIBUTION OR COPYING OP TiNII COMMUNICATION NbII IT 6!d .Y TIIL111110N11' AND RUTVIIN TIM o IAL MISSAwll To I AT THE A1�vB Annara9 VIA MB U.S. r01TAI. $I U IW THANK YOU —-�- DATE: April 2 CLIENT NO,: 90024-06 1,1997 CL ' TO " ►r �� City of Tigard F : (503) 6844297 Phone # (503) 639 -41/1 FROM: Dominic C. Cole tta FAX 6 (503) 243 -2944 DESCRIPTION OF DOCUMENT TRANSMITTED: Copy of me norandum dated 9/18/96, to Dick 3ewersdorf's attention. COME p COMMENTS: Per our telephone commotion n today. eI'lbig PAGE(S) ,j O FOLLOW, EXCLUDING COVER TO 4YER SHBET. LV YOU DO Nor nom ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED AT 507 222-4402 1 DIATEL,Y. THANK YOU. SIGNED: Nancy Kyker, Legal Assistant AN ORIGINAL 13 A /A1I.AISLB UPON :�.�UILST. AN Olil ®IN��.13 LILilNO MAILIII�» ,.,,� -., . rP 4, w ` ++ ODONNELL RAMIS ET AL 5U-243-2944 e Apr ,97 14:05 No.021 P.0 O'DONNELL RAMIS CRS, CORRIGAN & BACHRACH ATTORNEYS AT LAW 17r4 N.W'. $oyt 5AI Potthnd, Oregon 97209 1111.fai loNW, ($0)) 223.4402 RAC 00)) 43 -2944 DATE: September 18, 19,95 TO: City of Tigard Attention: Dick Bewersdorff FROM: Dominic G. Colletta RE: Robert C. Wyatt, Inc. Foreclosure/Comprehensive Plan - Zone ChangeRRedemption Issues THIS MEMORANDUM CONSTITUTES AN ATTORNEY/CLIENT COMMUNICATION, AND AS SUCH IS A RECORD EXEMPT PROM PUBLIC INSPECTION PURSUANT TO ORS 193.502(8). TO THE EXTENT IT 1$ DISCUSSED DURING A PUBLIC MEETING, THAT DISCUSSION SHOULD OCCUR IN AN EXECUTIVE SESSION HELD PURSUANT TO ORS 192.660(1)(t). This office has been asked to a wiow a demand from Robert C. Wyatt, Inc. `"Wyatt ") regarding the following facts. Wyatt was the owner of real property commonly identified as Tax Lot 1100, In the City of Tigard. For nonpayment of taxes, the property was foreclosed upon and sold by the Sheriff' to National Mortgage Co. ( "National1°). The property was subject to redemption by Wyatt pursuant to ORS 23.520, et seq. During the l?eriod when redemption was possible, National applied for a change in the com rehcneve plan and zoning of the subject property. The property � y its commcrcia.� and the application multi -family 9 canon ue requested �. p ct't r1 he rQ rt was zoned National �.c resent change � g• .: application, H ed itself as the ow owner of the � c �° rnrrltt far��,l zoning. In its a iirsL . p , popery. The consent of Wyatt to the application was not obtained. pP approved ultimately a loved and the zoning of th;; property was . of National was ulti The application changed. Wyatt thereafter redeemed the property in accordance with the above-cited statutes, and has demanded that the property be returned to its earlier general commercial zone designation. Tigard 32.020A provides that applications for any quasi- jueleial � Municipal Code Section 18. g matter (within w h LCh category a comprehensive plan/zone change applia'dsn falls) may be initiated by, n 1 Order of Council; 3 the print ratter; National mistakenly identified itself as the owner of the ,property at t me of the application. 'Accordingly, the Cary Council has the right to revoke its approval a a hearing . on the Matter, : 1♦ you have any qucstIons, regarding the foregoing, please do not hesitate to contact us. 4 ..m 000NNELL RAMIS ET AL 3-243-2944 Apr • O'DONNULL RAMIS CmiW COI RIOAN I/ BACHRACH Memo re Robert O. Wyatt, Inc. September 18, 1996 Page 2 9? ' 14 :06 N0.021 P.03 2. Resolution of a majority of the Commission; 3. The Director; 4, Application of a recorded owner of property or contract purchasers," ORS 23.510 rovide�i that pit upon a fogeciosuEC sale, "., the sheriff shall give to the purchaser a certificate of' the sale containing a particular description of the property sold, the price bid for each distinct lot or parcel, the whole price paid and when subject to redemption, a statement of that fact," ORS 23.600 provides, In part, as follows: "If redemption is not made as prescribed in ORS 23,520 to 23.590 redemptioner shall be entitled to a conveyance from the Sheaf. If the judgment debtor ieakoms at any time before the time for redemption expires, the effect of the sale shall terminate and the judgment debtor shall be restored to the estate of the judgment debtor." t was never the "recorded owner" of 'Pursuant to the foregoing statutes and ordinances, National w by 020 Instead, i a acted property � b 18 32. . , at the time the application was made and Sc the as required upon, National was the certificate of sale without full legal title to the property, holder of a c without the consent of the "recorded owner" of the properly (which, at the time of application would have been Wyatt) the application was not correctly prepared and submitted. Tigard Municipal Code Section 18.32.390 A.I. pLcvides as follows. "The ergs authority may, after a hearing conducted t The heats' hearing nctcdi pursuant to this chapter, modify or revoke any approval granted pursuant to this chapter for any of the followtg reasons: A material misrepresentation or mistake of fact made by the applicant in the application or in testimony and evidence submitted, whether such misrepresentation be intentional or unintentional." • A JEFF H. BACHRACH. PAMELA J. BEERY MARK L. BUSCH D. DANIEL CHANDLER ++ DOMINIC G. COLIEFTA **' CHARLES E. CORRIGAN* STEPHEN F. CREW MARTIN C. DOLAN PAUL C. ELCNER GARY F. FIRESTONE* WILLIAM E. GAAR G. FRANK HMMOND* KENNETH D. HELM MALCOLM JOHNSON* MARK P. 'O'DONNELL JAMES E. OLIVER, JR. TIMCITHY V. RAMIS' WILLIAM J. STALNAKER se ++ ALSO ADMTITED TO PRACTICE IN WASHINGTON ALSO ADMITTED To num= IN CAUPORNIA ALSO ADMiP= Tip PIIAC ICE IN MONTANA AND WASHINGTON,' Mr. : "Orilla 11 A. 1Vionaban City Administrator City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 701,7rg r" ?L PLEASE REPLY 10 PORILAND OFFICE March 19, 1997 ;IACKAMA: COUNTY OFFICE 1st 14, omit Suite 292' Canby, Oyon °97013 TEI:LPHONE:';(S93) 266 -1149 VANCOUVER.; WASHINGVN OFFICE First brdependent Place' 1220 'Main Street, Suite 4S1' Vancouver, Was gton 98660 -2964 TELEPHONE: (360) 6994287. PAX ' (360) 6994221 JAMES M. COLEMAN SUSAN J WIDDER sman tIAR 2 0 1 g7 Re: City of Tigard/National Mortgage Co./Robert C. Wyatt, Inc. Dear Bill: Enclosed with this correspondence please find copies of H. Orr, d September 27 September 181 996 an S me �to Bruce 1996, the attorney for Robert. C. Wyatt, Inc., dated Sop 18, ep 27, , respectively Also enclosed is a copy of correspondence received from Mr. Orr requesting that the City proceed change IAA 1100 as previously agreed . roceed wYth revocation of the zone chef a to Tax I believe the enclosed correspondence will be se ry contact me with xp � con r _ . City's Please -i proposed action with re explanatory. . 1Y *Q_� information regarding the t, � s p pv regard to revocatio not of hesitate to change, Should you have any questions regarding the enclosed materials, please .�c of contact me. DGClmat Enclostirt s cc: ick elrzYrdorff Pamela L Beery (w/o encl.) Very 1y yours, inic Colletta • • ROGER L. MEYER SCOTT C. WYSE ROBERT D. GREAVES JOSHUA KADISH* DANIEL C. ARMSTRONG' BRUCE H. ORR "* HELEN RIVES** JAMES E. BARTELS' MARY G: CLINV** MEYER & WYSE LLP ATTORNEYS AT LAW 900 S. W. FIFTH AVENUE SUITE 1900 . PORTLAND, OREGON 9720 TELEPHONE: (5°3) 228-8448 FACSIMILE:: (S03k 273 -9135 March, 18, 1997 V.IA .,CSIMILE AND REGULAR—MALL Dominic G. Colletta O'Donnell Ramis 1727 NW Hoyt St. Portland, OR 97209 Re: Tax Lot 1100 BAR MEMBERSHIPS IN ADDITION TO OREGON: *CALIFORNIA **WASHINGTON }**MAINE O'DONNELL RAMIS CREW CORRIGAN ?s BACHRACH MAR 1 9 1997 CLIENT'S COPY Dear Mr. Colletta: As you may recall, this office represents Robert C. Wyatt, Inc. ("RCWI''). Enclosed are copies of 1. Your letter of September. 18, 1996 addressed to me; and 2. Your letter of September. 27`, 1996 addressed to me. On behalf of RCWI, we request, pursuant to your letter of September 27, 1996, that the City of Tigard proceed with revocation of the zone change to Tax Lot 1100 as outlined in your Letter of Septmeber meber 18.E We understand that the City must give notice to LCDC of the revocation and the City Council mus t hold a hearing. We request, as you kindly suggested in your letter of September 18, 1996, that the City send,to our office copies of all notices prepared and 'transmitted in conjunction with the revocation process. Again, RCHI wishes to t h ank the City of Tigard d your our offices for its cooperation and consideration with .resp ect to o this zoning issue and to try to rectif the impropr actions of National Mortgage Co. look forward to receiving in the near future (ho efull -'' within the. next week) notice by City p r process the C g its s to complete the revocation. rocess concerning first steps p n� Tax Lot 1100. Thank you. BHO /bmw cc: Michael Doyle Very You s abb- Bruce H. Orr 11O0CA 1.. IMCIPCR SCOTT C w.9! 40111CIOT O OabCAVCS • OSM6IA AII3s$ CANICI. C ARir$TIHONO •wueCC N OAA•• SICI.CN a••VeS•• J*Msf1 C._lAATel.S N**V O. CI.s00/ °•• METER 8e Nitr YsE LL2 AT 3 itvS AT i. pc 900 S W. F1,TM AV UC Su'�TIC 1900 PGNT+s►nNe. 00CGON 97204' TCI tI'.ONt 11031'gi0•A• +r PACSomse.C:10o31 873•116311 March 18, 1997 EXA.EACSIdILE...1122°....BE.GULAR—dAIL Dominic G. Colletta O'Donnell Ramis 1727 NW Hoyt St. Portland. OR 97209 RNR •OCMSCASMIPS 1* AOOITION TO 011130N: •01140OANIA •ewA$NIN0TON •••a1wINC mew= 11/341 C11W- 1 S 1997 CLIENT'S COPY Re: Tax Lot 1100 Dear Mr. Colletta: As you may recall, represents Robert C. Wyatt, this office � ice re P Inc. ('RCWI") . Enclosed are copies of 1. Your letter of September 18, 1996 addressed to me; and 2 Your letter of September 27, 1996 addressed to 'me. On behalf of RCWI, we request, pursuant to your letter ; of September 27, 1996, that t, City Tigard 1100 as outlined ith the C�.t of Ta, and proceed w revocation of the zon` change to Tax Lot 11.0 in your letter of Septmeber 18• we understand that the City must give notice -to LCDC of the revocation and the City Council must hold a hearing. We request, as you kindly suggested in your letter of Sep ,ember 18, 4996, that the City send to our of P i t th � u office copies all notices prepared and transmitted in conjunction with the revocation process. City , of Tigard and your consideration . . Again, R�`'�g wishes to thank the Cit o of f aces for its cooperation and on frith respect tO .... g try rectify the improper actions of this zoning issue and to tr to National e Co. a t morgg to receiving in the near- .:.. I look forward next week) notice by the Cit y of its first steps (hopefully steP P to complete within the the revocation Process concerning Tax tot 1100. Thank you. BHO /` brier cc. Michael Doyle. Very you s Bruce H. Orr a O'DONNELL R.A,MIS CREW CORRIGAN & T ACHR NCH ..JAR M. aAC IRAC PAMELA J. BMW mARJ: L ®f1SC ( D. DANIEL 'C ANCL +4. COMM O. C'OL!,..eT A•• CHARM S E. CORRIG. ' STE"PH 4 F. "CHEW MARTIN C. COLAN PAUL C. EL NER CHARY F. FI ESSTCNE• ',a/Wm RCAAR G. FRAM HA.ylMOND" ICEMEN N D. HIEL..%Q MALCCLM JCHNSCN° ttlARX P. ®'CcNNEtt„ tTMOTHT V. RAMS WILL.Lw J. STAU4A1 t • AM err= TO RAC= M reoa moi.rc+o TO MAO= Cmapona■ gab xa�o 0011'i10 TO mac e• ketaIlita ormagrote Brake H. Orr, Esq. Weyer & Wise Attorneys ag t4W 900‘S. W. Firth Avenue Suite 1900 Ported, OR. 97204 • Arnmerrers AT LAW 17:7 rw. Ws sans fsetb.i Oyer. In:09 TEL Pflo 4E; (.113) .::. FAX (3) Zia razAta wiz To Fo n dwo errs. September 13, 1996 •I 4. 'C•.ACGi.bQAS COUNTY GF"FiC"QC ��•13t V.'C�'+?nt•SW �' '� s. , 97013 - HOB Onion 2664149 VANCOUVER. WASHING 'ON oFFtc independent race 12 0 Mein Sneer. Suits S0 Vancawer. Washinstan 96604204 HONE: 060) 6994:27 FM 060) 699•=i JAAES ;K. COL. SUSAN J. Wg7DEt VOCAL COPZIL Res Your Client: Robert C.Wyatt, Inc. ]dear l'ir. Orr: This letter will confirm our telephone conversation of Scptembe.�-13, 1996, regarding the above - referenced .matt.... In that conversation I ad re ewe. er advised you that the City of Tigard was r • prepared 40 revoke its earlier approval of the zone . change application filed on your client's rove by v g that . a_:onal was the property nY e �.. = ana3al ") during the �:.. �' 'colder or a �csn...aca,tG OY sale w purchasing after US'C w r � i iGa 3 e Co. C:G '� p ng the property at a She fr s sale on foreclosure. In the � of the - g:ca�on for a zone change g National, a rusm�:zly represented itself as the owner mistake in the application after a hearing on the matter. Tigard Municipal Code, approval of an application may be revs in the event of , Be„muse the earlier application, and the pr _ton, will deal with a contprehensiste plan change as well as zone change, it will be necessary re'r� . ; .. .:. for the City to give notice of this action to LAC. Because requirement or suca . '' the require nonce, and the not oe tzsme required for a City Council -mouse of �e y ........ g, we anticipate that the hearing en the plan revocation will take place in approximately sixty (60) days. a . • 8 AP- CORPIGAN B C t.� CH Bruce. N 1 . Qcr,; September Page Based .upon. the :proposed course of action, it is ray understanding that your client vo►z)l forebear fora tnwatiog litigation in this matter. Are ; i Keep you advised of progress in this matter and, by copy of this letter to the City of Tigard, I am requesting that City Staff sad to your office copies of all notices prepared and 'wansndtted in: conjunctio4 arith'the revocation process. DGC/nak cc: City of Tigard - Attn: Dick Bewersdorff Pamela J. Beery • 'V=y trj c G. Colletta • CITY OF TIGARt� Washington Count'''. Oregon WOTlCE or /INAL OSDBR - 'ST CITY COUNCIL 1. Concerning Case Number(s): CPA 94-0001 OW 94-0001 ...,, 2. Name Of Owner: ,_Nations ,l Mortgage Company NAN. of Applicant: ;Sam. 3 . Address? 6, 21, SW Morrison S -750 City Portland State OR Zip 972 205 • 4. Address of Property The _south side of SW Bull aMountain Road two and three parcels west of the intersection of SW Bull Mountain Road and S Pacific Hivhway. Tax t:�ap and Lot No (s) .: 2S1 10 AC tax lots 1100 and 1200 5. Request: To amend tha Comprehensive Plan Map and Zoning Map for two parcels which are currently designated Pzofossional' Commercial and General Commercial to 'Odium -High density residential with an R -25 zoning designation- APPLICABLE REVIEW CRITERIA: Community Developee►an Code Chapters ers 18.22, 19.32, 1P.56, 18.62, and 18.64; Comprebens eve Plan Policies, 1.1.2. Implementation $ ''rat4,Egieo 2, Polnci s 2.1.1. 2.1.2., 2.1.3, 3.1.1. 4.2.1, 5.1,1. 5.1.4, 6.1.1, '6 3.1, 6.3.2, 6.3.3, 6.6.1, 7.1.2, 7.6.1. 8.,1, 8.1.3. 8.2.2. 9.1.3, 12.1.1, and 12.2.1; Statewide Planning Goals 1, 2, 9, 10, 11, .and 12. Zone: The proposed R-25 zoning is to provide for single - family attached and low to medium rise raoulitple- family residential units for medium -high density residential development. Existing zoning district C -P is to provide for groups of businesses and offices in centers, and C -G provides mites, for major retail gOo s and services- . c,,._? Approval as requested �p Approval with conditions Denial • Notice Notice was published in the ne,rspaper, posted at City Rall, d roiled to: X The applicant and owner(s) X Owners :coved within the required distance governmental agencies • Final . Decision: THE DECISION WAS SIGNED 0 BECOMES EFFECTIVE ON 611 1144 I44e/ The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Sox 23397. Tigard, Oregon 97223. A review of this decision may be obtained by filing a notice of intent with the Oregon Land. Use Board of appeals (LUBA) according to their procedures ON hunt i N_ !44 IITESTICNt If you have any questions, please call the Tigard City Red order at 639 -4171. a «•- trufto ,At flpt° 1 1 d. ` N 1' i l ,►fit / ! ! t r / / / / / i••■f f' 1 / / / / AP DEl ` PLAN ENDMk�NT . / / / /' /` // 1'I`2! /- s/ / / �,- s /� / / / /� / / / / / / / / 1 / / ` / / / if / / / / i / / / / / / / / i / / / /. /` / -/ / . '�` , f / / ./ . `� g? r / / / s'` / / / 0° r` / '�j `.s �/t -' ,s ,/ // /✓ / / //. /' / / • �1 / / / /' f /' / / / / / Property to \be radestgi ci back to General CornmercIai / / , ` / /1' s / / ,/ ,/ /O / ._.� ` 0- •/ f /,ft // // ` // ./ / s / • 11.4 MI" as weli.e it PLANNING RESOURCES, INC. •u� i t iai* •- Oil W M' tL - su i/i CITY OF TIGARD, OREGON ORDINANCE NO. 94 --- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO IiPPROVE A COMPREHENSIVE PLAN Aznammairr AND ZONING :SAP AMENDMENT REQUESTED BY THE NATIONAL MORTGAGE COMPANY (CPA 94 -0001, ZON 94-0001). ER S. the applicant has :wasted a Comprehensive Plan and Zane Change Amendments from Commercial Professional to Mediae High Density residential, R-25, for a 4.•13 acre parcel (WCTM 2S110AC, tax lot 1100) and a .53 acre parcel from General Commercial (WCTM 25110AC tax lot 1200) to Medium High Density residential, R-25. + EAS Planning held a public hearing on April 18, Planning 1994 and the with tbtesPlon hey Division's recommendation for g approval; and WHEREAS, the Tigard City Council held a public hearing, on the request June 14, 1994 to review the applicants proposal., the staff report, the Planning Commission recommendation and to receive public testimony. THE CITY OF TIGAIW ORDAINS AS FOLLOWS SECTION 1: The ro sal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted in the attached final order and Exhibit A. SECTION 2: ..The City Council, concurs with the Planning Commission and staff recommendations and approves the request to redesignate the parcels illustrated on the attached map , identified as Exhibit "A" with a Comprehensive Plata designation of Medium- High Density residential and R -25 zoning. SECTION 3: This ordinance shall b .. days after its e effective .ve 3.0 p assa g e by the City Council, approval by the Ma yor, and posting by the City recorder. ORDINANCE Now 94- Pae 1 I PASSED: f By. �? - a • : ;' 1' W vote of all Council member present after beinq read by n ,ar and title only, this ,...�.. day of 3.'11►:417,..:.. e . 19.94 Catherine Wheatley, C • y : Recorder APPROVED: This day o r 994. App vsd as to forms EXHIBIT "A" CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE APPLICATIONS REQUESTED BY THE NATIONAL MORTGAGE COMPANY. The Tigard City Council reviewed the application below at a public hearing on June 14, 1994. The City Council approves the request. The Council has based its decision on the facts, findings and conclusions noted below. A. FACTS 1. GENERAL INFORMATION: CASE: Comprehensive Plan Amendment (CPA 94 -0001 Zone Change ZON 94- 0001). REQUEST: An amendment to redesignate two properties from Professional Office and General Commercial on the Comprehensive Plan Map to Medium -High Density Residential and amend the Zoning Map to designate the properties R -25. APPLICANT/ National Mortgage Corporation OWNER: 621 SW Morrison, Suite 705 Portland, OR 97205 AGENT: Planning Resources (Rick Givens) 6564 SE Lake Road Milwaukie, OR 97222 LOCATION: 11240 SW Bull Mountain Road and an adjoining parcel to the west (WCTM 2S110AC, tax lots 1100 and 1200). The parcels are on the south side of SW Bull Mountain Road, two and three parcels west of the intersection of SW Bull Mountain Road, and SW Pacific Highway. 2. Background Information: The smaller of the two properties is developed with a restaurant and is presently designated for General Commercial use. The restaurant has been unoccupied for STAFF REPORT - CPA 94- 0001 /ZON 94 -0001 - NATIONAL MORTGAGE PAGE 1 i o� Lu several years. The larger a \arcel to the west of the restaurant is presently vacant and is designated far Professional Office use. The City has no record of any previous development applications having been filed fer the subject properties.. The Comrrehensive Plan and zoning designations of adjoining 7 � 3 Properties ? to the south and the west were previously amended from Commercial- Professional to Medium-High Density Residential (R -25) M The Comprehensive Plan Amendment application for the property to the west (CPA 92- 0002) was the subject of much neighborhood concern from adjoining property owners of lower density residential areas due to the site's existing Professional Commercial designation, the proposed problems Designation and traffic conestion roblems on SW Bull Mountain congestion P eiratasn Road and. SW Pacific Highway. The City Council approved CPA 92 -0002 and ZON 92 -0002 on September 9, 1992. The City Council 1 f �und that due e to the site's steep topography and proximity to trans i t and other set -vices available on SW Pacific Highway that a Medium appropriate dium H igh Density residential designation was an designation for the site The City Council also found that medical and office professional business park uses were largely precluded due to development of the Wellington Estates Condominiums. It was noted that with the combination of the Wellington Estates from Professional Commercial which also was amended g property to High Density Residential ial (CPA 84 -0004 and ZON 84- 0004, the Anderson Property (CPA 92-0002 and ZON 92 -0002) and the subject properties that due to their location, total acreage and favorable site topography the area was attractive for an office P ark. Direct access to both SW Beef Bend �: d and • s W Bull Mountain Road my have also be n -c s oie by consolidating several parcels. Because the Wellington Estates Property was _ h w ,. � other developed with e�ont�:cmin��ms the City 'Council found that other. prove.. in the area zoned for properties zz Professional Commercial use were not as likely to be developed as such. On April 29 994 the Planning Commission on recommended approval of the procosed Comprehensive ive P? an Map aid Zone Change (CPA 94 -0001 and ZON 94- 000'!) . At that public hearing + P ng the applicant presentel3 a detailed traffic study for the site assuming a 93 unit residential project. The - _ project. study found that ample capacity was STAF : Azpot,er A at •_i CPA. `l'' :O AL MORTGAGE PAGE 2 d • • available under either zoning classification,. The report • recommenced a review of a lei: turn refuge on SW Bull. 'ounmain Road Suring the design phase of future development applications for these properties. Prbe4eai Dscriotion: The applicant requeets Comprehensive Plan Map Amendments for one vacant 4.3.4 acre parcel from Professional Commercial to Medium High density .residential. The applicant has also requested that a restaurant locat,eci, on a .53 acre adjoining parcel be changed from General Ccmmercal to Medium-High Density Residential. In conjunction teeth this request, the applicant has asked that the zoning designation for these parcels be changed from Commercial-Professional and General - Commercial to `k a• 25. 41e3 xi to orit t To the east of the subject parcels is an existing Texaco Service Station and Car Wash. To the west of the site is a 2.84 acre vacant property and a .35 acre property developed with a single family residence which are both designated for Medium-High Density Residential use as amended through CPA 92 -0002 and ZON 92-0002. To the north is Christ the King Lutheran Church, a single family home, and vacant residential property. To the south -is the Wellington Estates Condominium complex and the newly developing Helm Height subdivision which has been partially developed with single family residences. - The developed restaurant property has frontage w two streets One is a closed access road parallel to SW Pacific Highway. The property presently has ,frontage and direct access through a driveway from SW Bull elountain Road. The larger undeveloped parcel to the west of the restaurant has direct frontage cn SW Bull Mountain Road. ,ry�en �a:d c? comments s Two r wo neighborhood meetings were held concerning this application. Due to its location in application. proximity to three CIT areas, the facilitators of the Central, South and CIT w West s were notifies, of this request. The applicants and persons attending this meeting state that many of the primary issues brought up at the meeting were concerns over use of the properties for ether their current commercial zoning designation or the proposed residential zoning due to traffic impacts to the inte.sa t_on of SW :^ "REPORT M P ,. '1 / r. 0001 0 I �t r Vti PAGE ST.�. _ C_.� 94 d0Q` ��N �4 NATIONAL Mt�R�,GA��' P��e 3 • • • , • Bull Mountain, Road and SW Pacific Highway. '4 e residents were also 'concerned about the number of future driveways which could exist if the vacant 4.13 acre subject site and the ro er t to t e vast were dev=lcpec along wit: property Y . the existing restaurant' and Texaco Station driveways. The Oregon Department of Transportation has reviewed. this request end stated that at the time of developmene pedestrian and bicycle improvements • •rill be required along the property frontage on SW Paci = is ;highway. The Water Department reviewed this application and stated that water service serve th is property must be extended from t he astern boundary of the Aspen Rid g e Subdivision, where a 12 ire h water main is available with adequate pressure. The Water Department st.at,ed that the 12 inch water main along the frontage road (parallel to • y pressure to hydraulic gradient. the s�.te due to the h decuate aWy�r��P�acif is Highway) does not have • adequate -The serve • Y � i e six inch water main on SW Bull Mountain Road is also inadequate due to both hydraulic gradient arid' ability t. o provide sufficient fire flows. The Maintenance Services Department stated tat the site contains numerous existing springs whcz neec to be taken .. w into account whert designing the storm drainage system for future development on the site':, ture development applications will address drainage issues in detail. A copy of this request was also provided to the Engineering £ epa_t;ne xt, the Long Rance Planning Division, .. _ the r the Fire the Building De�aa�,..tment, e: Police ��� °�° District General Telephone, Northwest Tatural Gas, DLCD, TRI -MET ,and METRO. The Planning Division has not received o,ny other cocm entZ or objections. 3 . FnIDI GS' AND CONCLUSIONS The following cri•eria are applicable to this proposal: Statewide Planning Goals 1, 2, 9, 10, 11, 12, and 13; City of Tigard Comprehensive Plan Policies 1.1.2, 2.1.1, 6.1.1, 7.1.2, 7.6.1, 8.1.1, 8.2.2, 9.1.2, � ,1. 3 � 12.1.1; 2.1.1 and City of Tigard Community Development Ccde Chapters 3.22 and 18.32. The is consistent with Statewide Planning Goal # ' (Citizen ? Tigard Comprehensive �. � Citze*� lsavolv�ament) and, Tina Plan Policy 2.1.1. The applicant conducted a neighborhood meeting ' on March 17, 1994 at Christ the King utheran Chuch across the szree:t from the _ sub j ect pr oce+ 4y e su Due to 1 r CJ location adjoining t kree Citizen CPA 94 -O00"! /ZCN 94 -000;1 - NATIONAL MOP:VAG PAGE • ' A ' 4 9 t Involvement Teat; Areas (CIT's) , CIT Facilitators from the _cuth. East and West areas were notified of the meeting. In addition to the Planning Commission, Public Hearing an opportunity for citizen input will also be provided at the City Council Public Hearing for this application. Statewide Planning Goal 112 (Land Use Planning) and the Qu,si- Judicial Comprehensive P1n Map amendment and Zone Change approval standards of Code Section 18.22., 18.32 and Comprehensive Plan Policy 1.1U2 are supported because the City has cornsidered all applicable Statewide Planning Goals, City of Tigard Comp eehensive flan Policies and Community Development Code requirements in the review of this request. Other affected agencies including TRl -MET, the Oregon Department of Land Conservation and W , � Department , ®f ,c Transportation and Development, the Oregon METRO. Service and utility agencies have also been notified of this proposal.' Statewide. Planning Goal #9 (Economy of the State) is ported by this proposal because development of these ap �' parcels as multiple family residential sites may result in a greater percentage of other local properties zoned for General Commercial to be used for professional- offices. The General Commercial zone permits office uses. The economy of the State ie also supported because the proposed land use would provide a rage of housing at various prices. Due to density y d var p the denaa.t allowed g t �. assume housing developed on these " that the housing g properties would be more affordable than nearby detached single family residential areas. The that the vacant 4.13 acre parcel has h� aonls.eant states th been available for development since 1980 and has stated that they have had no interest expressed for development g zoning gnats gander the existin Zonin designation. The City also has no any p- � this 0. � having been tiled for � previous development applications hau :his site . The apl.licant also states that T cca1., construction jobs and buy.? ding rttaterials purchases may provide fore further support for the economy as, a result of this amendment. ctatew4de P1 anni g Goal #10 : (Housing) is supported by the O.Create:, Rule (Oregon Administrative Rules, . _�r�n Chapter 660, Division 7) . The Metropolitan Housing Rule requires that the City maintain n the opportunity for 10 dwelling units per acre. The City must also provide the cpportuni for Y a ,...x o f SO% multiple family housing to 4 single f aai ly housing. Previous studies have found zan approximately 56% of all housing in Tigar consists . s o f s 1 nc 1 fat lv dtach ed, dwe1 4 w..�+;:, � 1 _ _ octal or � this �Dr proposal will increase the possibility of providing SSA 1 R! ORT - CIA 94 0001/Z014 94, -0001 NATIONAL MORTGAGE PAGE. 3 2 w �1 11 closer to a ore co one ratio of single family o multiple : Lm°..lY ti► o s .a g Previous st ;dies and , subsequent ComPrehensivcg Plan ° Mao and Zoning M.zp changes since 19$4 have maintained.` a > opportunity for slightly over 10.20- dwelling units per. acre. The proposed amendment would further increase the density of residentially zoned property within the City beyond 10 units to the acre. Housing A 9 Study prepared Washington t d December 93 , stated that mulc_plefamily residential housing is not being built in sufficient numbers throughout the County's to satisfy the expanding_ population. The report sta ted that rents are high by historic standard: and vacancy rates for shall to average sized apartments g apartments are low to zero in the Tigard, Tualatin, Sherwood metro area. �T Statewide Planning Goal #U (Public Facilities and Services) has been met because adequate public facilities exist presently or can ba extended to serve the proposed residential densities. Statewide Planning Goal #12 (Transportation) has been addressed because the applicant has shown that based on (developed at 25 dwelling' units per acre would ',., ene 3 trip generation studies that Medium-High res . d 9 P ) c.� Cate 30 to 50% fewer trips than either genera. office or medical offices. This does not address issues related to � shortenet.l or avoided by the commuting travel which can be use of the site as a work place destination. It is anticipated that residents of the Hull Mountain Area will require longer commuting trips to access commercial- professional saes. Due to other factors outlined within thia these ese report table specific properties have not been viewed as vi for either office or commercial uses. The site has d_n..ct frontage on Sit 3u11 Mountain Road which is a major collector street. Specific design concerns related to development of this site and other adjoining properties will be addressed t iro g.. h the ; i to development review process under either the current land use de sig iat or or the Proposed d� sionatic�n. The s -e "Cs appropriate for residential yes in .art because sass a a - transit bus service is presently available on SW Pacific Hichway which is less than 300 feet from the property. Comprehensive plaza Policy . ,. 5 `- .1 states that the City �zen shall prov .de an optortuni v r al_ � an _ for a c versity of hous�.ng densities and residential types at v s prices and - _ar�ou 94b T sTA. »: �:.Pc;RT - C...� :� ava,�� ZOr� _ zoo_ _��_IcNAL MORTGAGE In• • n ' a ..i. rent levels. This policy ,is sepperted by the proposed amendment due to. the ability fez. the site to be used for a `variety of residential types. The Community DeveloPment Code also permit F a rangy of dwelling unit densities to be developed up to 25 units per acre. Comprehensive Plan Policy 7.1.2 states that as a pre - condition to development approval, adequate service capacity shall be made available ror all public utilities. .The City small also ensure that utilities are capable: of serving all intervening properties and that all uti ,ities shall be placed under rounet. 1,n .support of this policy serving utility agencies were ' notified of this application and have indicated that service; is available or can be extended to serve the proposed land use type. Comprehensive Plan Policy 7.6 states that all new developnent shall be provided with adequate water pressure for fire protection purposes. This policy has been supported because the Water Vepartment was informed . application and stated that adequate water of ressux;e can be made available to the site upon P P development. Comprehensive Plan Policy 8:1.1: states that the City shall plan for a safe, efficient street and roadway system that meets current needs and anticipated 'suture growth and development. This amendment supports this policy because the applicant has demonstrated that this change will result in a a net decrease in t raf f generation during peak travel periods. C Plan Policy 8.2.2 states that the City shall encourage omprehensive the' expansion and use of public transit by: . Locating land intensive uses in close prceimit;r to transit ways; . Incorporating provisions into the Deveiop, nent Code which 4recuir a develotmen t trcposai s to provide transit facilities; and . Supporting efforts by TRI -MET and other groups to provide for the needs of the transportation. d sdvaa;t aged . Thorm - _ ,' �" by this - � due to the i ol�cy is suo or,ded � t.�.��s amendment d _ r ,y tae site to a `;Hass t antic :�4oute ai d cctwnercial a areas located on Pacific 3 i htraafq S' STAFF .REPORT. .. CPA 94 0 OQ1. %ZaO N 43 °0001 NATIONAL MORTGAGE PAGE 7 J Pacific Highway is, approximae y 3 feyr. frcm the subject properties . su . : . s 4 a vw.,i e ns c and of this policy Section 19 , 12a . 0 12) ee . the Community r,eve1comen.t Code, requires that sieve re : eve:cpment which is adjacent to existing or pr ;csad :e a ;3;:: routes make provisions through the Si t_ C'.: Review process to on site transit facilities. Comprehensive Plan Policies 9.1.2 and 9.1.3 state that the City shall establish a balanced and of fa.cient transportation system which is designed to complement the land use plan and is designed to minimize energy impacts. The City shall encourase energy conservation design and construction. These policies are supported because the proposed land use allows Medium4H4gh Densi,ty residential uses near major goods , and sery ices and mass transit service. It is anticipated that a 'geate percentage of General Comatercial zoned property ty will be used for Professional office uses . Several such d',e'eiopments are existing within this area both wi :kin ::: ; City of Tigard and King City on SW Pacific Highway. The proposal is consistent with applicable pel bcias of th n lcca�ti,onal c�. iteria the Comprehensive Plan seta :o�..e i � `� 12.1.1 for Medium High Density residential. toa.sad upon the following findings: a . The Comprehensive Plan requires t that 04.eeperty proposed to be rezoned v cr . Med.;, ,m high Dusty residential use not presently be d'es'ignated for Low Density Residential dev _c:.. ent. The prope ties are presently zoned for P-rcilessional Office and General Commercial use. . The Comprehensive Plan requires that Medium High Density residential areas be bufered from low density residential areas. Through the site development review grccess the site can be suffered from the ex stinei sin ? a family residential use we of the vacant property The Comprehensive Plan re ^.ti rees that Med4um H =c^ Density' residential areas ha.vs access to a major or collector t;a ia� street. arterial , ,�. The subject parcels have di •ece access to Sw Bull Mou.t ain road which is a maj er collector street. The proper eies are also withi.,,e 217 to 300 feet of SW Pac ll,c Highway which is classified as an. arterial street. hf r e..e.�s.ve� a r �74 w e ",.• e%4.'..tit re den tia1 s3Le not have se�«© i.develccment STAFF R PORT .. CPA 94- 00O1/ZGN 94 -0001 ..4 MOP. C—'AGZ At z • LEGIBILITY STRIP g .,. limitations su h as f food plains, excessively steep p :5"s) or poor drainage conditions. The site has slopes which range from 8 to 15% but const-uc, :ion of smaller residential structures is not exi;�ected 'to require as much site- g g pa g Professional-office. . r3din as compared with larger structures. The Comprehensive Phan requires that existing facilities have the'cap:ccIty for additional development. Essential Public facilities are existing nearby nearb to serve future development of the properties. Extension of utilities will be necessary upon development of the :site. Service , not provided objections and ue.�.l�.ty agencies have no to extension of service to this p ro e p rty for this change in land use type The Comprehensive Plan requires that transit be available within one quarter mile of the property. Public transit is available within 300 feet on SW Pacific Highway. The Comprehensive Plan requires that Medium High Density residential properties be located within one - quarter mile of commercial goods and services. The Properties are adjacent to incidental commercial services at the adjoining Texaco Station. are also less than one- The Properties a quarter mile commercial goods and services at male frog Co the Canterbury Square Shopping Center. h. Comp e hen�we� requires that Medium. nigh Density esidnC al sites be located within one-quarter mile of either private or public permanent ()Pen space areas. The Park and Trail Master Plan identifies this part of the City as a target area for future park sites. There are no existing park's within one mile of the site. The Community requires that upon site '� Development Code r development that a minimum of 20% o f Medium Hig` i Density residential sites be developed with landscate.:, shear. The Code also requires that a minimum • - �.:�mu� or � 40 to 300 square _ feet ot open space area for each dwelling unit be provided for either r'u: tcoar open space or recreational facilities, In order to approve a quasi " the judicial amendment to a Compreensive Pi an Map Policy 'Y.1 .1 states that the City must find that there is '', :decoe o a change n the . " neighborhood cr community i asich affects the subject STAFF REPOAT C.7116 94 _ 1 / 01 TXCL M RTG 1 PAGE_ .9 • r I 9aree 1 The pl'anined land uses in the . ti }�djoiz ng 4,rp i has charged core iderably� : due co. Como.rehens ive Plan :dap , Ameltidmerits previously, enumerated in-,:this' repay :, Due to the, topography of the vacant site whit i ranges from 8 to 15%, this specific area is more appropo i,ate for smaller residential scructurtgs than larger ®ff buildings. , . It is anticipated . that less overall gradinr�i' will be necessary to accomodate residential uses Lhttrl commercial uses Upon review rto mistake can be said to have been found in the original zoning designation. Instead. Crmprehens ve, Plan Amendments to adjoing properties within the area, construction of the Wellington Estates project , glad difficult site topography of the remaining " parcel conflict with the current land use designations of the subj ect properties rECISION The City Council approves the r 'equested Comprehensive Plan '''amendment for Iasktsington County Tax` Map prc�pe :ties 2S110kkC, tax lots 011'00 and 01200 from General Commer. cial and Professional Office resgectively to Medium -High density Residential, R-25. The City Council finds that the change, will promotla the general welfare of the City and will not be significantly detrimental or injurious to surrouAding land uses. It is further ordered ^hay. the applicant, atd parties to these proceedings be notified of the entry of this i,s order. STAFF' REPCTL'.:` A 94- 0001/ZCti 94- 0001 C,. 4. MORTG GE • w 600 N March 14, 1997 Mr. James W. P. Hendryx City of Tigard 13125 S.W. Hall Boulevard Tigard, OR 97223 -8185 Dear Mr. Hendryx: EAST GOAND AVENUE TEL 503 797 1700 PORITLA:ND.OII EGO � FAX 503 297 1797 METRO, 332 3735 BCD NEAR 1 719 Nctd, vsi -1 e,v Q. Re When Growth Management Functional Olin Compliance As you are probably aware, Metro adopted the Urban Growth Management (UGM) Functional Plan in November 1996 and it became effective on February 19, 1991. ` That is the date from which the Ye rnonths for a compliance plan (Title 8, Section 2) and 24 months for adoption of plan and code amendments ('title 8, Section 1) are calculated. There are no appeals of this functional plan pandi;ng. Title 3 is not yet effective. The rtinmediate impact of the February 19, 1997, effective date is Title 8, Section 3: "After the effective date of this ordinance, any amendment of a comprehensive plan or implementing ordinance shall be consistent with the requirements of this functional plan.... Upon request, Metro will review proposed comprehensive plan and implementing ordinances for functional plan compliance prior to city or county adoption." • Elnesulgt,elligr hi tltdResAgilagluilLormit • « • . n . 1 y • • :3 ti• To enable Metro to be aware of plan and code change proposals, please add Metro Growth . Management department Paulette Allen, t o your !notification list for agency review for Miami code amendments only. If it is more convenient for your notice procedures, send a copy of the required DLCD 45 -day notice form to Metro when DLCD is notified. Thank you for your participation and cooperation in the development of the UGM Functional Plan to implement ~he acknovwledged 2040 Growth Concept. Please let-me know if there is anything or my staff can do to assist you in implementation of this functional p►;'n. Sincerely, John Fregonese Directors Grow .n Management Department JFsrb l • ei;�+,r if JEFF H. BACHRACH PAMELA J. BEERY MARK L. BUSCH D. DANIEL WANDLER ++ D©MINIC G. c:ou.s TA** CHARLES E; CORRIGAN* STEPHEN F. CREW MARTIN C. DOLAN PAUL C. EISNER GARY F. FIRESTONE* WILUt.\ ul E.'GAAR G. FRANK HAMMnND* KENNE iI D. HELM MALCOLM JOHNSON" MARK P. O'DONNELL TIMOTHY V. RAMIS VALUAM J. STALNAKER • + ,r4GTON ALSO ACMO't=D O rltAcn t Rl W4 V4f OTON AISO ADIddMD TO VAC= M CAUPORNIA ALSO r4DlNtfliD TO rMChG: t#Orfl'At1A ANU WASH bONNELL . :AM1:S, °MO N & BA CH .4.1TORZ EYS „4,T LAW.: 1727 KW. Hot Street. Portland, Onion 97209, TELEPHONE: (503) 222.4402 FAX (5013) 243.2944 PLEASE RPM TO PORTLAND 01110E September 27 1996 YEU rimni CIACICAMAS C OUNIY OFFICE 181$. Grant Stdte 202, Canby. Oregon 97013 • TELEPHONE: (593) 266 -1149 VAr4couv i, ,WASHINGTON OFFICE PIrq IndoPendent Place 1220 Main Street, Suite 570 Vancouver; Washington 98660-2964 TELEPHONE: (360) 699 -728' FAX (360) 699 -7221 JAMES M. COLEMAN SUSAN J. WIDDER:. oovt. Bruce H. Orr, Esq. Meyer & Wise Attorneys at Law 900 S.W. Fifth Avenue Suite 1900 Portland, OR 97204 Re: City of Tigard/Robert C. Wyatt, Inc. Dear Mr. Orr: This letter will confirm our telephone conversation of September 240 1996, regarding the above- referenced regarding P 'ming of action by the City of Tigard r client's referexued matter. In our conversation we discussed nt s timing revoke the zone change effected on your clie property during the time between a foreclosure scale and your cl'ient's redemption. delay any action on revocation our conversation you pec , on of oil s Mica`` requested that the Y your of 'the subject property.. the zone change while ,your client inve�iagat�i the ty The t and will take no further action on this matter until we �he City will honor your request - receive further information from you. DGC/nak cc. City of Tigard Amt William A. Monahan -Attu: Mark Roberts Pamela x: Beery iro Very t, ly yours, I mimic 0, C'olletta' I • ' '0 • 410TONNEL,L, RAMIS C2� CORRIGAN fe BACHRACH ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 TEL/PHONE: (503) 222+4402 FAX (503) 243.2944 DATE: September 18, 1996 TO: City of Tigard - Attention: Dick 3ewersdorff FROM: Dominic O. Collette RE: Robert C. Wyatt, Inc. Foreclosure/Comprehensive Plan Zone Change /Redemption Issues THIS MEMORANDUM COriSTiTUTES AN A7l['fORNEY /CLIT. NT COMMUNICATION, AND AS SUCH IS A RECORD EXEMPT FROM PUBLIC INSPECTION PURSUANT TO ORS 1,92.502(8). TO THE EXTENT IT IS DISCUSSED DURING A PUBLIC MEETING, THAT DISCUSSION SIXOULD OCCUR IN AN EXECUTIVE SESSION HELD PURSUANT TO ORS 192.660(1)(f)• This office has been asked to review a demand from Robert C. Wyatt, Inc. ( "Wyatt ") regarding the following facts. Wyatt was the owner of real property commonly identified as Tax Lot 1100, City of Tigard. For nonpayment of taxes, the property was foreclosed upon and sold by y the '° C the Sheriff to National Mortgage a e Co. ("National',. The property was subject to ( redemption by Wyatt pursuant to ORS 23.520, et seq. During the period when redemption was possible, National applied fora change in the comprehensive plan and zoning of the subject rope �The property was zoned general commercial, and the application requested a change to multi- family zoning. In its application, National represented itself as the owner of the property. The consent of Wyatt to the application was not obtained. The application of National was ultimately approved and the zoning of the property was changed. Wyatt thereafter redeemed the property in accc►Ydance with the above-cited cited statutes, and I, as demanded that the property be retdrlled to its earlier general commercial one designation. Tigard Municipal Code Section 18.32.020A provides that applications for any quasi - judicial matter within which category a comprehensive plan/zone change application falls) may be (., g Y P P g Pg � Y initiated by: Order of Council; tZ O`DONNELL RAMIS C.L.,.i'ldl CORRIGAN & BACHRACH Memo re: Robert C. Wyatt, Inc. September 18, 1996 Page 2 2 Resolution of a majority of the Commission 3. The Director; 4. AppEcation of a recorded owner of property or contract purchasers." ORS 23.5 0 provides that upon a foreclosure sale, ". „. the shall give to the purchaser a � � � n provides upon sheriff certificate of the sale containing a particular description of the property sold, the price bid for each distinct lot or parcel, the whole price paid and when subject to redemption, a statement of that fact:” ORS 23.600 provides, in part, as follows: "`. "If redemption is not made as prescribed., in ORS 23.520 to 23 590. redemptioner shall be entitled to a conveyance from the Sheriff. If the judgment debtor redeems at any time before the time for redemption expires, the effect of the sale shall terminate and the judgment debtor shall be restored to the estate of the judgment debtor." Pursuant to the foregoing statutes and ordinances, National was never the "recorded owner" of , as r y : 020 Instead, L application property required by 18 �32. , at the time the a li�ti�on was made and acted upon, National was the holder of ,a certificate e of sale without full leg.'d title to the property. According y, without the consent of the "recorded owner" of the prope�•t�, (which, at the time t , . mit �,d� of application Y } pP y P ' P would have v�:en Wyatt) the application was not correctly prepared and snub Tigard Municipal Code Sf a;ton 18.32.390 A.1. provides as follows: "The hearings, authority may, after a hearing conducted pursuant to this s'apter, modify or revoke any approval granted pursuant to this chapter for any t f the Y Y Pp g p F Y following reasons: LIS 1. ' A material misrepresentation or mistake of fact made by the applicant in the application or in testimony and evidence submitted, whether suet misrepresentation be intentional 'r unintentional," 116 M 1- 4' O'DONNELL Roils Civil CORRIGAN & BACHRACH' Memo re: ;Ro yer t C. Wyatt, Inc. Septomtva 18, 1996 Page In the present matter, National mistakenly identified itself as the owner of the property at the time of the application. Accordingly, the City Council has the right to revoke its approval after a hearing on the mnatter. If you have any questions regarding the foregoing, please do not hesitate to contact us. • •e O'DONNELL R ° IS CREW CORRIGAN & BACHRACH i?' H. BACHRACH PAMELA J. SEERY MARK L. B'USCH D DANIEL CHANDLER ++ JOMINIC G. Cou errvi. CHARLES E. COItRIGAN* STEPHEN F. MARTIN C. IDOLAN PAUL C. EISNER GAY F. FIRESTONE* WILLIAM E. GAAR G. FRANK HAMMOND* I INNEl'H b. HELM MALCOLM JOHNSON'S MARK P. O'DONNELL TIMOTHY V. RAMIS WILLIAM J. STALNAKER ATTORNEYS AT LAW 1727 NM. Hoyt Stitet. Portland, Oregon 97209 TELEPHONE;, (303) 2224402 FAX: (5(Q) 2432944 CLACIKAMAS �t3t�N OFFICE•.• :' ..,,,,"ISY N.'Grari ,Siiite.2A2L Canby, Oregon 97013 i ELEPHONE: (So3) 266 -1149 VANCOUVER, WASHINGTON OFFICE First Indeperids t Place 1220 Main Street, Suite 570 Vancottiter, Washington 986604964 TELEPHONE (360) 69?-7287 FAX (360) 699.7221, September 18, 1996 MAO D O rencriq w.sttI$croN' onto TO r, cnc lit dailicnnen AttittANt.nrito eAttit a Itt MORt +io■ ,Mtti wktitiNtibt Bruce H. Orr, Esq. Meyer & Wise Attorneys at. Law 900 S.V. Fifth Avenue Suite 1500 Portland, 0 . 97204 Re: Your Client: Robert C. Wy: tt, Inc. Dear Mr, 0 This lette r will co nfit ou r telephone Cahn ersat- i o. n of September 18,1996, . regarding the above- referenced matte.' .in t ha t conversation .. .. .. I . ad vis e d you that the n City of 'Tigard was prepared to revoke its earlier a pproval of the one c limige application tioa n1 ed on yotr client's property by National Mortg a g e Co.. (" ("National") during the time that National. Was a holder of a certificate of sale after purchasing, the property at a Sheriffs sale on foreclosure. the a..- lication for zone change by National, it mistakenly represented itself as "th application itself the owner of the property. pursuant to the Tigard Municipal, Code, approval, of an application rimy be revoked in the e ; rent of a mistake in the application after a hearing on the matter, Because, the earlier application, and the proposed revocation, will deal with a comprehensive plan. change as well as zone char e, it will be neces for the City to give notice i. the . City � �� of this action Because of the 'requirement of such. notice and the notice time requited for City. to ',CDC. B � Council hearing, we anticipate that the h on the plan revocation will tall*, place in; �� p g approximately sixty (60) days: Based upon the proposed course of action, it is my understanding that your client will forebear from initiating litigation in this matter. We will keep you advised of progress m thus matter and, . • , staff send to your office by copy of this letter to the City of Tigard, I am requesting that City copies of all notices prepared and transmitted in conj unct=.on with the revocation process. Very yy' yours, DGC/nak cc: City of Tigard Attn: Dick Bewersdorff Panteta J. Beery 4 M ` rKi}i Marge 'o SW 13t' tri, Tigard, Oregon, 97223. City y Johnson 11156 cted �' ®'�n� ®n axcc� the ��.� �a� 'fie �ec��. , -c ®�xs footbridge in the Suramerlake Park area. Johnson then � noted her concerns with propose d transportation improvements for flow , through traffic by connecting 130th and Winterlake Drive. .. and increase traffic '�`o�1ld� She said the connection of this road will. magnify proble this neighborhood. She urged City Council to review the validity of such a connection and the $40 000 specified for design of this connection. n Councilor Hawley requested clarification of council. Discussion � clu After discussion, it was agreed the status of the arts policy. rt at Council would look through the broc.:.1uree distributed to w . meeting last week. Council would lea: staff know their ideas to help for1P klate a proposed policy. This item will response an agenda for a Council goal setting ses 1 be placed on Scheckla, Mr. Ryan advised that in order to a need to know whether they would obtain a matching grant f, they w a question from would receive any funding from Tigard by July 7. With regard to the - Reilly e traffic tusl , city`,. advised the traffic study would be completed in July''. 3.1 Receive and Pile Council Calendar Motion by Councilor Haw',ey a seconded by Councilor Rohlf approved the Consent Agenda. Motion was Approvel Approve. by unanimous vote of Council pre sent. y . for the record that the city l�ca�nl.etrat+�.. Reilly noted Council Orientation meeting is .. echedul ed for June 22t 6:30 Co ' p.t,. at the Tigard Water Bu »1ding. to alic hearing was opened. Declarations or challenges: Council: President Bunt asked whether any Council wished to re ", rt, any � con information gained . outside tae heaarg : x., l �a ere none.. .1. + ou Ci. site visits. There u�" ,. s indicated they had f . h ar ed tie C1VG3 i _ e app1icati'i • . • 4«* • There were no challem tea friom the attdience pertaining to c�tincil4o juxisdictio as to hear this eustter, nor were thore any challenges on the partizipation of any te3mber o council. Staff' report - Just prior to the staff Report,. Council Preside Hunt advised the following: - Por all ate wishing to testify, please be aWare that thilere to raise an issue with stifficient specifi cit r to afford the Council and parttest an opportu±4 to respond to the issue will preclude an appeal to the Land Use Board o Appeals or this sue. Testimony and evidence must be directed toward the criteria that staff will describe or other criteria, in the plan or land Use regulation Which you believe apply to the decision. Senior Planner Bewersderft summarized the staff report. He reviewed a, map of the eetate of the overhead projector. Council asked clarifying cr,lestions of the staff -Aport„ With the folloWiltg it netted: The decision on the Dolan case cott14 affect soma et, the requiremehts on this particular land use with zegard to bicycle and podestriaz improvements. • The Oregon Department of Transportation is reriuiring shoulder pathwayS a this title, not biket Vethways. • It was noted there 'is a ,aervice road which rtinet parallel to SW Paoific Highway, alBo �t thia property. Traffic from tette:ire development (:;)f this property Would eXit onto Mal Mountain Road, ,not to Pacific EtighWay. • 'en the ,itytte of development i kliovuo drainage iStrattst will have to be reVizeted and dealt With. • Legal Countial Pamis, in response to concern by Councilor Sehedkla, noted the city could attached eenditions to aceoaa, and egrazat depending on whether the evidenea ithow s thit shOUld be dente, reaportse to a qUeUOIt fret( �I11�r Saltier Planner B,fewiettddorff adVised tie' is a eonditioua1 ute •in t tittitiaat district * ('itcludes i�des d atet1 drat orqatitationa). -gETiNq JUNE' st 4 ot,« a PAGE 5 ' D. Public testimony. Arapjoicant: Mark 1itlow►,, 222 W Columbia, Portland, Oregon, WI testified as Legal Counsel on behalf of the applicant. Whitlow reviewed what he thought were the most pertinent issues before * ouncil. Mr. Whitlow distributed. the following items to City Council: A map of the area, showing the current zoning. Chapter le . 22 of the TMC. M Chapter r� p 8 2 of c �ei'�88���6'iAr w7+GF �b � ds 4✓�ilr the 4h • Chapter 18.64 of the TMC. Whitlow advised there will be another public hearing for site development revtage. He requested Cocil 'wait for the development proposal before conditions were imposed. Mr. Whitlow requested he be given rebuttal . time. In response to a questior from Councilor Hawley, Senior Planner Bewersdorff advin Ad he was not sure if the area included a state highway right -of -way which would' encompass the frontage road. Mr. Whitlow advised that QT may have plans for closure of the frontage a koad Mr. ... , g sources , Inc. , and Mr. Rick divan!), Planning �!�' Whitlow, Legal Counsel for applicant, advised they relied on the staff report for matters of content with regard to this application. Mr. Givens reviewed the history of the zoning for this area. He advised that because of the slope, p mfessional offices would be difficult to develop. He noted that ittulti-ifamily zoning seems to fit well with the market and o character r. Givens referred to a map and described possible transportation configarationS. iv�ens advised this use not Givens w �ictly impact nearby single -fa 41:1 residential areas. He noted that public facilities were available* incluaing sanitary sewers and water. He described: the storm drainage problems; however he said, storm drainage should not be a limiting factor. lite noted that a certain amtuu of open space for drainage will be included. CITY COUNCIL M � MINUTE a JUNE 14, Mr* divans advi ed ' this .. of tton via chin i►enient o tray sit. pa k and ride f aac i There. is. . 4, need far apartsents in this areas. A rafl :noted low iuitifif a ily vacancy te hich indicates there is, a .need for rental hawing. this 1411, %t advriaed increase. as singlei.f _ ly hase prices es a1ate and affordable housing ie need+ d. • Givens advised. there is A Metro, re04)robent to Provide a mix of housing of SO4 multi,faaly and SO %' single-family* y. tR a ti 1ao Advised tlila City is .currently • etin their overall dw n it egnire.,, »w s o1 ten, ni n a acre, with dent fide of 10.2 units par Acre* This cha n lti -f ail uani rill. provide, a little extra. cushion in that tubber* with regard to public copmentst Mr, divans advised two neighborhood meetings were he rd on is issr e* The commente were iaixeel b The preda nt. concern.Wa traffic* A advise this pray a ec v' does not have as much traffic impact as w ouid a, deltelopment farther n Mountain toad* Mr, diverts referred +b the, t 'fieengineer study' perforted by .Ro r leech (a toy Of � e 'affic atudy is Oh i r with the 4a'1►:cil. traffic generated for the r mead ' a . .noted Vie. .ra�ff�.c � � 30 to 50 erc e�� �es��n cc���aIc co a cia1 ,Offices as it is currently zoned, change Veshlt improvement vith regard tc v0lumc of tffc fro vhat s could. be, expected if developed as a cc erciai, site* g re g n fee icclieneree 'Tigard* atd imed he wee testify n i on behalf of Commerce* cc. et7ieed the interested. af` i property text to that owned by National. Mortgage, Company* e �% a roe vas in favor f the e proosed change, advised traffic- was biggest cahceltn in the ' tirar:edia e area* Nicoll referred. t to the trtketi,o. repott,, Which .shows, a a c0` rcia +ffice cgs p ex. r, .d drelti, fad' MOrd traffic, f iy; use r . Nicoll advised . . e.ia . i 4e c a v racy and °" it uid + if'f iMtn . to de elo come= a ., prop to most the new ADA regilirements ' Mtn„. Mark Padgett, 11270 SW 95tYt1 Tigard, Oregon, tes ti ied on behalf of the Chamber of Co erce. He has reviewed the ordinance and felt that, all applicable Staate goals had been t. �`f a noted he : I t there had bed a substantial . Change in I{ . Mr. dg also noted ted tra fin generation woad be reduced, hou1d the property be deVeloped. multi-family versus co.rcial Beer Froude, 1220e SW Bull Mountain Road, aad ►isaed ehe would rathez not have this is ►ropetty deve'io d, but realised this would not be possible. She toted all of the traffic would be eliciting onto Dull Mountain Road. At the resent time, there is no of the right turn lane TM because of stacking up of long lin Of t 'afa ssa . requested careful planning be done to make sure exits are placed for safety and that roa dsss interconnect. She noted the different uses at this location, and advised that with the Chamber using the building, th is would cause additional traffic. She aad `iced. that this was the time to put in conditions to assure safety. Betty poison, 14400 SW McFarland, Vi card, Oregon, advised she opposed any impacts on s< :boolsa . She said more asp-...,. -nts would mean more ,children and the schools would be more overcrowded. She advised the recent bond measure proposal from the Tigard/Tualatin School District did not pass. There will be no nee school for the area She noted more tenants would further impact co wM ,rt Unity p police Poison se he tenants in apartment b ld s do not Pay real oat taXes. Rents collected from. epartment buildings do not cover the cost of education of the childre s:.. In gea p DoR sa e to s question y Cou nc i Councilor �u�t, Legal counse s eXplained the state legislation which requites coordination with school distriots and 16cai governments.Schoo l districts are required to submit plans ad cooperate in dev eloping local government > COaprehensive Plans. This is an eletent of long kt p g applicable situation ;such as it regard d t del is for` such things as fire and peace follow develo ..... nt and at not a pre -conditiisa to development. l i the :esponsi y lit of the local government to sure are a adequate. sewer, Water, and streets . t bitt adequate before approval of development JUN AG Larry Cboruby, 16060 SW Colony Place, Tigard, Oregon, and h • he as had lived lived in Z,�. Bull Mountain area for 16 years advised . Tigard area :'car 26 year e at this point on Ball Mountain Road would be a tremendous burden on traffic and noted his conceres. Be adVised of his concerns to schools and also d the worsening situation for l a le s and ad be• assro of space. He urged Council to reject the proposal these:iaauea. Rebuttal: nark Whitlow advised traffic studies have shown tare is ce .� next paci at the intereection. He urged Council to impose conditions at the next at, p when it is known what the development would be, how buildings, y etc. � The meatier= number of units for this site would be 93,, based on estimates.. He advised the impacts Weald be lest; commercial than whet a development would create. Be said those litho with �t that Council deny this application ho that nothing would come by way of development or that a moratorium placed on building on this azyaa r . i testified on. specifics o the • . Bob Reecho, Engineer, teatiie . advised the study reviewed the projected igurei fer proposed zoning and current zonin lee noted that for the proposed zoning there is ample capacity, as well as ample capacity available should a commercia3. development , opment oc ur. Mr. Keeuh advised . his analysis is general, because there was no site � lan yet p developed. He also took other issues into contieteration such s ewt `t, , noted left la would ��u�a at the a eas int. 854 of the existing traffic flow exiting' out tba residential areas go east to Pacific Highway. Legal Counsel Ram is in response to a senor to Councilor Hunt with rettrxd to procedure, advised that public testimony ends with applicant rebuttal. Mr. Ramis Said that if either ails feels there is new evidence ,presented, they may ask the recazd be recd : let open for seven days, or to ask for a uontiaivance of th e. hetaring. Staff reuumaen ati0n: enior. pl 'er 1weraeri Saidta rem ens approval., noting the l.i,eati,c n met ail review crite ia: and standards.. '.� ' -. JUNE 14, - PAGE. • PC/lowing cc e onto were noted by Council: toot � Mountain i e d whether the 1 longer, he to help with traffic flow, Studer Planner P),,awersdertf noted ;DOT, a# part of the review process, woad be =tallied with recommendations. Councilor 8checklaa questioned wh ther there would .... adequate t and Pacific c�uaai buffer between � . dev�el� Highway, and al.k.se whether there would be a park in the area for young peol1 e. Senior Planner ex * � ed. the devalop lent will have to include a certain open space. shore is no ptviic . _, . p ] in the vicinity. . o to -wee hi � v d feet of open space is required / lr 20% o f the area t be landscaped* donor Planner ewer do ff advised O has not suggested a widening of Pacific is Highway at this vicinity at is tio4 Public hearing was lewd q Council c atneideration met the Comprehensive i�� �la� policies and requi2 amE nts , ad she would vote in favor of the tone 'change. She said she would: like to reeve, in o w way, an „ i her Consideration ion o traffic or . �► �ior� �'. iderdese noted concerns with as but adv.sed She also n�o oho�lo�.. she c ......,or wa col capacity, awed. to refuse h ate councilor develo t, based �.d ern Councilor Ro hl advised e a l dan had donlie a geed job off meeting the e reviretents, e was concerted ,u traffic; diion ��aa�io r ,ho�rro� �� � , r g the review o the l o o god, dui. �.n r dress the traffic issues, end the e enoe d advised , he tel he must, vote o approve the zone change. C.. a� he o�nilor sohee, advised theta was no wa► felt oon+con � o ,. ire deny �e application for gone o He noted the traffic is mead, thoir concern that th4 Ch4dbwe of o roe w ho p e i 'would d n ere to 1 to nor tr traffic, d stated o si development , , eview age w ore a ,toil aaic cone would bet aadd t that ' .". OUN ME Ecb;4 '11TY OF TIGARD Washington County, Oregon. NOTICE OF rxitaL ORDER BY CITY COUNCIL Concerning Case Number(s): CPA_..94 -0001 ZON 94 -:001 2. Name of Owner: National„„1KartCa t .omrIre .- W. Name of Applicant: Same_. Address 621 SW Morrison g -750 City Portland State OR Zip Address of Property. The south side of SW L 11 Mountain Road two and tie rc .ls t <tf the _ainterw= ectxon of S� Bull . Mountain Road and SW T+ Map and Lot No(s) ..OAa tax lots x.100 and 1200 97205 Request. To amend the COOsiprehensive Plan. 'Map and Zoning Map for two parcels which are currently design*ted Professional commercial ant's General, Commercial to Medium -High density residential wi.th AU R -25 zoning dosignation. APPLICABLE REVIEW CR'1TER1hz COmmunity Development Code Chapters 18.22, 19.32, . 8.56, 18.62, and 18.64; Comprehensive Plan Policies, 1.1.2, Implementation Strategi cs 2, Policies 2.1.1, 2.1.2., 2.1.3, 3.1.1,E 4.2.1, 5.1.1, 5.1.4, 6.1.1, . 6.3.1, 6.3.2, 6.3.3, 6.6.1, 7,1.2,, 7.6,1 8.1.1, 8.1.3, . 8.2.2, 9.1.3, 12.1.1, and 12.2.t; Statewide Planning Goals 1, 2, 9, 10, 11, and 12. The proposed, a -25 zoning is to provide for sing14. - fatsaly attached and 2.ow to medium r,I.se sulitple- family residential units for meth -h h ,density residential development. g zoning . is to provide for groups of Exa��tin Bonin district C�-P bussines es and offices in centers, and. C+4 provides sites for major retail goods and services. proval as requested Approval with conditions Denial Notice s p xhl.ished in the newspaper, posted at Ci y Ball, to X Owners of record within. ._ The applicant and thin the reelv.ired, disa'ta 1' "., x AUf -cted, governmental agencies BECOMES F'��, ON 1 ) t Pima Decision: THE fECISION WAs 'tae adopted findings of fact, decision; and sta be obtained, from the Planning Departs cola Tigar Hall, P.O. box ,2139', Tigard, Oregon 9/221 resew° of this de+ ieion =ay' t+htaind With theron, l«i' tse, Board . f eats Procedures, ' TION if y+ a +e 'an ecordr at 61 4 1 1. frying a notice of int en ((USA) ccordingI to their. tohs� Tease Y'' CITY OF TIGARD, cravat 0311DINANCE NO 94- ORDINAN'CE ADOPTITNG FINDINGS AND .V.. . COTC � ' C ,HEqS - 3T ZONING Si THE NATIONAL MORTGAGE CC (c 94 000 ;0 ON 94 0001) the applicant hat requested a Comprehensive Plm and Zone Change from Coarte A ai Professional c.m High Dst resi ., Ra.25, for a 4 013 acre parcel (MIN 2S11O C tax lot 1100) and a .51 acre parCel frota General Commercial (WCTX 2S110AC , tax lot 11t00) to Medium High Deity resieRntilkle R-25. lic the Planning Commission held a April 1 1994 arid concurred With the Plannirig DivisiOnis recinmendation te; OAP approl. ViHELREASt the Tigard City Council ii �eL a li c hearing, n the request Mane 14 , 1254 ta reva�w the applicants proposal, the istaff ., the Planning cotolission recomendation taxi tO receive public t estineny THE CITY OF TIGARD O A:iN5 AS POLtow8t, .a._ ., . ION -,1: Th prc sal is consistent nt wi relevant based * *on the facts, findings, and conclusions n d in the attached final ordet and Elthibit SECTIO The City Council and staff teconiziendations and zipprOVes the requ t, to ... l s t" attached C el nape identified bid . . ' pry i 1 aredes Plan designation o ity residentita and t ning. . Whitt oaf Cs i passage by the Cif Ci posting' by the city rraee`e Y V 4 C sent after rbe14 r db number ner and title only, this ral day 1994. ay a l r0/ d vote of all Council members ra This Catherine i `‘eatle;j `r C y Recorder . 1994. d as to tto w Lam` ; zit 4/ 'Vita Runt" Co cif ceic �1*T UAf Cx " ►'Y of TZGARr CITY COtr aL t1 At O1 DZR 4. FINAL, ORDER INCLUDING FINDINGS A CO 'CLUS /O N'S WITH G ;) A ` APPLICATION FOk. A COMPRB FINS XIM PLAIT ? ENDME T AND ZOO CHANGE APPLICATIONS REQUESTED 13Y THE , NAT: WIZ IZ tORTGAGE COMPANY hewn on Anne *� ' � 1994. � The. City �o application below at a public The '1~.•.gar�i City Council ���. �.e�aed the pttncil approves the request. The Council has based its decision on the facts, findings and conclusions noted .below A, . VACT `' i a GgnIEUkti l SATXON'• CASE; Comprehensive Plan Amendment (CPA 94-0001 one Change ZON 94-0001 ) APPLICANT/ OWNER: An a°ndCent to rode 'lign.ate two properties erties from Professional Office and Commercial General * az on the Comprehenxv� ==: Plan , Map to Miedinm- nigh Density Residential and amend the Zoning Map to designate the properties R -25 Nation a... t io.etgaage Corporation. 621 S% Morrison, Suite 705 Portland, OR 9720 Planting Resources (Rick Given:;) 6564 SE take Road Milwaukie, OR 97222 11240, : ', ' tun Mountain Roth nd ad.r. . w , oW �.n�.ng parcel to the west taCTM 2S1l0ACt tam lots 1100 and. 1206) The parcels are on tha south side of SPI tun Mountain Road Roadi two arid thttee pa, cel a west of the intersection of SW tull Mottntain. Road,. ark. ;fit Paei i+c Ai. hwa , on The smaller Of rescaurant and Commercial t se , Tie ies files: has defied, xe o +ens~ peen unooc p ed • several years. The larger pardel to the west of the restaurant is presently vacant and is designated for Professional Office use. The City has no recorc , of any previous development applications having been filed for the subject properties. The Comprehensive. Plan and zoning designations of adjoining properties to the south and the west were previously amended from Commercial - Professional to Medium -High Density Residential (R. -25) The Comprehensive Plan application � for . e, .t the P � to the. west (CPA 92-0002) was i the s to f property much neighborhood concern from adjoining property owners of lower density residenLial areas due to the site's existing Pror tissiona: Commercial designation, the Proposed Medium -xach 'Density Residential Designation and traffic congestion problems on SW' .Bull Mountain Road and SW Pacific Highway. The City Council. approved CPA 92-0002 And d t o September 9, 1992. The City Council fou x o a. that due s the site's steep topography and proximity to transit and other services available. on SW Pacific HitThway that a Medium High Density residential designation was an appropriate designation for the site. ce pCity ... l also found that medical and office rofessional business park usas were largely precluded due to develop ment of the wellington Estates Condominiums. It was noted that with the combination of Wellington ates property which al Bst was ame��ded the. from Professional Commercial to High Density R.esideental. (CPA 84-0004 and 7O1' 84 -0004, the Anderson Property (CPA 92 -0002 and ?ON 92-0002) and the subject properties that due to o their location, total acreage and fay o r abl a site t opography the area wa s attractive for an cyff ice pare.. Direct access to both; SW Beef Bend Road, and. SW Bull MoUntain Road may have also l )een possible by cons olidat � g several parcels. Because the Wellington Estates Property was develo p ed with condominiums the City Council found. that 'other properties in the area zoned for Professioanai. Commercial use were not as likely to be, developed as such »_ .. comtaended On April 25� 1994 the P�.ar..nang +Gommissioaa re approval of the proposed Comt rehensive Plan Map and zone p.. change 94-0001 and ,Zow 94-0001) ) . At that public hearing the applicant presented. . detailed traffic .. site , � g' ample � oa 3.�+�.1," was project, the stud foua�d that residential affic stud. for the si afssumin a 93 unit ree 94 -000. taTIONIkt MDRTGAB Al/ tft available under either zoning classification. The report re ;ommended a review of a left turn refuge on SW Bull Mountain Road durir.,:g the design phase of future development applications for these propertie- 3 Proposal, _Description: The applicant requests Comprehensive Plan Map Amendments for one vacant 4.14 acre parcel from Professional Commercial to Medium High density residential. The applicant has also requested that a restaurant located on a .53 acre adjoining parcel be changed from General. Commercial to Medium -High Density Residential. In conjunction with this request, the applicant has asked that the zoning designation for these parcels be changed f.1:om Commercial - Professional and General - Commercial to R- 25. Site _and iTicinity Informat on z j parcels is ar, existing g . To the east of the subject arcels � n Texaco Service Station and Car Wash, �o the west of the site is 2.84 acre, vacant property and a .35 acre property developed with a single family residence which are both designated through Medium-High Density Residential use as rough CPA 92-0002 and ZON 92 -0002. To the north is Chri st the Kin'..:. Lutheran Church, a single family King Church, home, and vacant residential property. To the south is the Wellin+'ton Estates Condcz;nium complex and the newly developing Helm Height subdivision which has been partially developed with single family residences. The developed restaurant property has frorta ge on two utreets . One is a closed access road, parallel to SW Pacific Highway. The property presently has frontage and, direct access through a driveway from SW Bull Mountain. Road, The larger undeveloped Parcel to the west of the restaurant ha.s digbct frontage on SW Bull mountain Road. Ageney and CIT .Cvmmei:ts; Two neighborhood teteet3 ngs were held concerning this C'Tl areas, the aofen�he Central, proximity � a p in roximit '" to three , t Souuth and West CIT, s Mere notified of this request, The applicants ants and persons attending this meetinng state that many yo f t he primary issues ht ought . u p at the meetin g were rg concerns over use of the properties for either current commercial zcninqq deignat a on or the proposed residential zoning duai to t ra.ff"ic. itn� :ts' to the intersection of STA P REPORT - P ►. , 9A- 000'4. "20N 94: '-0001 11PrioNAL ; MOP,Tail l d�. , i Bull Mountain Road, and SW Pacific Highway. The residents were also concerned about ... the number of future driveways which could exist if the vacant 4.13 are subject site and the property to the west were developed along with the existing restaurant and Texaco Station driveways. The Oregon Department of Transportation has reviewed this request and stated that at the time of development pedestrian and bicycle improvements will be required along the property frontage on SW Pacific Highway. The Water Department reviewed this application and stated that water ervice to serve this property trust be extended from the eastern bounds,_. of the Aspen Ride Subdiv7.sion, where a 12 inch water main is available with The adequate pressure. �.he Water�De Department stated that the 12 inch, water main along the frontage road (parallel to ssWrvecifisHighway) does not have adequate pressure to e c site due to the hydraulic gradient. The six inch water main. on SW Bull. Mountain Road is also inadequate due to both hydraulic is g gradient and ability to provide sufficient fire flows, The Maintenance Services Department stated that the site contains numerous existing springs which need to be taken into account when designing the storm drainage system for future development on the s y..te Future development applications will address dray ,Wage issues in detail. copy . qu t provided to the A �' En �neerin Department. e she. Long Range Planning Division. � '�` Department, 9' J t thp Buildinct Department the Police Department., the Fire n?Kstr..ct, General Telephone, Northwest Natural Cxas, DLCD, TR/ -MET and. METRO, The Planning Division has not received any other comments or objections, B FINDINGS A.M3 CONCLUSIONS .., "The follDwing criteria are applicable to this ►rc�posal Statewide Planning Goals 1, 2, 9, 10, 11, 12, and 13 � t Tigard ive Plan Policies '1.1+ 2, 2 .1.1, of 7 Comprehensive � � 7.1.2, 2.2 ► 9.1.2, 9.1.3, 12.1., i , and City of Tigard community Development Code chapters 18.22 and 18.32 The application is consistent with Sta.te'id Plnni,s Goal #1 The applicant s condo `" Plan Policy (Citizen 1 �. ,tJl:�temet� ariC"�, Tigard ro cite .� �►�. arts, co ,"ehens : neighborhood meeting on .March 1? 1994 t i s t. 9' �' � a Ciro ... c.he Wig; Lutheran Chuch across the street from the su ect properties. bue to lea location adj b±niritg three Citizen: R8 OAT .� O of /z 94-0001 � CP.�, ���� NATIONAL mOttTG.AR • so Involvement Team Areas (CIT' s) , CIT Facilitators from the South, East and West areas were notified of the meeting. In addition to the Planning Commission Public Hearing an opportunity for citizen input will o be provided at the City Council Public Hearing for this application. Statewide Planning Goal #2 (Land Use Planning) and the Quasi - Judicial Comprehensive Plan Map amendment and Zone Change approval standards of Code Section 18.22., 18.32 and Comprehensive Plan Policy 1 w 1.2 are supported because the Cit y + has considered all applicable Statewide Planning Goals, : City Tigard Comprehensive Plan Policies and Y D �eJ of op Community mentCode requirements in thc,- review of this request. Othor affected agencies includin j TRI -MET, the Ore on Department tment of Land Conservation and Development, the Oregon Department of Transportation and METRO. Service and utility agencies have also been . notified of this proposal. Statewide Planning Goal #9 (Economy of the State) is supported by this proposal because development of these parcels 'As multiple family residential sites may result in a Brea Le t'` percentage of other local, properties Boned. for General Commercial to be used for professional offices. The General Commercial zone permits office Uses. . The economy of the State is also supported because the proposed land use would provide: a range of housing at various Prices. Due to the density allowed it is assumed that the ... housing developed these h a 5 would be more affordable than nearby data ad sin g le family residential areas: The applicant states that the vacant 4.13 acre parcel has been availa . . d available .for. development since 198.0 and has stated that they have had no interest expressed for development under the existing zoning: designation. The City also has no record of any previous development applications having been filed for this site. The applicant also states that local construction jobs and building materials: purchases may provide for further support for the economy as a. result of, this ametidme-At �etoni Metro an Rule 0 (Oregon. �;d�nin� utpported b'y, the: S Chapter` 650, Division '7) The I etropolitarrative ules requires that the City tittai.qtaitk the opportunity for 10 dwelling units per acre, The City oust c lso provide the opportunity e�.lin for a 'thix of '8O multiple family housing tc 50% single family housing:, previou s studies have fo und that approximately 56% of all hcus:'. g in Tigard consists of single fammily detached dwellings.. A roval of this pp .. proposal w ll increase the possibility of prov'id g A " 4., Ob!01..b ' 94 0101 . .4TtoN VO STAF closer to a one to one ratio of single family tb multiple family housing. Previous studies and subsequent Comprehensive Plan Map and Zoning Map changes since 1984 have maintained an opportunity fors `ghat -y over 10.20 dwelling units per p p incr&ase the acre, The ro ose amendment would further density of residentially zoned property within the City beyond 10 units to the acre Housing Affordability Study prepared by Washington County multiple-family t bean built �.n s <... � dated December is gno i stated that ufficieY;,t residential housing throughtut the County's to satisfy the expanding population. elation. The report stated tha t rents are high b y historic standards, arr 1 vacancy rates for small to average sized apartments are low to zero in the Tigard, Tualatin, Sherwood metro area. Statewide Planning Goal #11 (Public Facilities tita Services) has bean met because ad,:quate public faciiit: es exist presently or ca n be extended to serve the proposed residential densities. Statewide Planning Goal #12 (Transp)rtation) has been because the applicant has shown. that based on addressed because y : .. � � �. trip generation studies that Medium --High residential (developed at 25 dwelling units per acre) would create 30 to 50% fewer trips than either general ce or medical offices This does not address issues related to commuting travel which can be shortened or avoided by the use of the site as a work place destination. It is anticipated that residents of the Bull Mountain Area will . rev ire longer commuting trips to access commercial- professional sates. Due to other factors outlined within this report, these specific properties have not been. viewed •as viable for either office or �:o m ercial uses. The site has is a ma direct frontage on SW Bull Mountain Road which major collector - .. street. Specific design concerns related to development of this site other er, adjoining g p rope r. ti, es will l ..: ... ough t devel opm�.nt review process under either the current land use designation , or the proposed designation. The site is appropriate for residential uses �n part because mass transit nst bus service is P resentl yat.,,n!a lob' a on SW Pa cifi Highway which is less than 300 f i the property. ensive Pan ... Policy 6.1 .1 states that the uG s hall provide an opportunity for a iversit os densities and residential tyg s at va 'Gus pr.ce b • rent levels. • This policy i `ipPorted by the prc )sea amendment due to the ability fot the site to be used for a variety of residential types. The Community Development Code also permits a range of dwelling unit densities to be developed up to 25 units per acre Compr+e , icy 7.1.2 states a pre- condition development approval, service p y p pp for all public capacity shall City made available f utilities. The City shall also ensure that utilities ate capable of • serving all intervening properties and that all e ins utility a�'"'��i'S...i.e�'� �1 �� rn support of �.�i�.cut e ss��11 be laced. underctarota�n" ere notified of policy and have indicated . i this application i is that ��erv�.ce is available or cart be etended to serve the proposed land use type. Comprehensive Phan Policy 7,6.1 states that all new development shall be provided ided wit, h adequate water Pressure for fireProtection purposes . This policy has been supported becuse the Water Department was inf orm ed tlf this application and, stated that adequate hater pressure can be made available to the site ttr sn development, Comprehensive l Policy 8.1.1 states that the city shall plan for a safe, efficient street and .4oadway system . . _ t hat meets current needs and a ntic: i p" a�,. tn e d lirfuture growth and develo p ment This a mendment stpp ore` this policy because the appl ica nt has demonstrated that this change c han qa will result i n d het decrease generation during peak travel " aeriods . comprehensive Plan Policy 8.2.2 states that the City shall encourage the expansion &nd,ttse of public transit by. a Locating. land e sive 'does . in close pro )cittti;ty to trans wy , b. /ncorpor'ating provisions into the ,i eveioptuet code ilhich require d developmiant proposals to provide transit facilities1 anti c sw porting efforts by TRl -MET and other + rotps to provide for the needs of the tran'p#rtation, Ciadvantagec T s polio y i.s supported y this amendment due to the, proxittaty of the site to Vii: tuasa t 'ansit rotate commercial, areas located on SW Pacifi Highw ay ST bR CP,, 4- OOOl �= �nC ±t"" C E 9 001 7 0 Pacific Higbway is approximately 800 feet from the subject properties. support and c of this policy Section 18.120.180 (12) sections otheb Community p �' Development Code, requires that future development which is adjacent to exiting or proposed transit routes make provisions through the Site Development Review process for on site transit facilities. Ccmprehensive Plan Policies 9.1.2 and 9.1 .3 state that the City shall establish a balanced and efficient transportation system h is o com p l umen t the e land use plan and is des designed c) minimize energy impacts The City hall encourage energy conservation design and construction. These policies are supported because the proposed land use allows medium -High De nsity reside tial uses near major goods and services and mass transit service. It is anticipated that a gre4 titer percentage of General Commercial zoned property will be used for professional office uses. Several such developments are existing within this area both within the City of Tigard and Ring city on SW Pacific Highway. The prbposal is consiStent with applicable policies of the Comprehensive ?Ian. forth " Q criteria 12'.1. Z for Ni Hi gh Densit�respxen al based up on the following f.',,ndinqst. a The Cot rehensive Plan requites that property arty to be rezoned for Medium High Density residential use not presently be designated for Low Density Residential development The properties are presently toned for Professional Officc and General Commercial use. The Com p rehensive , s that Plan requite . Medl tr► High b. : Density residential areas be buffered, from low density residential areas Through. the sit Y y development review process t he site can be buffered from the -existing si de family residential use west of the va+cat't property. The C orp Ceh„ ensi "e Plan requires that Median Hi qh Density residential areas have access to a major collector or arterial street, The subject parcels have direct access to SW Bulgy. Mountain ,Road which also within. 21`7 to 300 feet of i'. Pacific Highway � .s a tna jor collector street,. The ro rties are so which is classified as at arterial street. d . The Comprehensve plan. rerlui res that medium Density . eri+r► reeiden tial. sues �aot .have. s us development RE DRT' CPA 94.0001/Zo : 94-000 tai • limitations such as flood plains, excessively steep slopes (in excess of 251;) or poor drainarle conditions,, the site has slopes which range from a to 15% but construction of smaller residential structures is not expected to require as much site grading as compared with larger ;Jrofessior al office structures. The Com rehens ive P" an requires quires that existing facilities have thu capacity for additional ment . Essential public facilities are edisting nearby to serve future devela 'meat of the properties Extension of utilitaet will be necessary upon development of the site Service and utility agenies, have not provided objections to extenaion of service to this property for this change ill land use type. The Comprehensive Plan requires that transit be available within one quarter mi.' of the property. Public transit is available, within 300 feet on Sw Pacific i1ilhwayy, The Comprehensive Pla.s requires that Medium High Density residential properties be located within one quarter mile of commercial goods and services. The properties er0 adjacent tc° incidental Station. The propertis are. the adjoining j oi�nir�g Telco M y p p less than one- quarter mile from roan commercial goods and services a'�c� the Canterbury q com Shopping Center The Comprehensive Plat; requires that. the Medium High Density residential sites be located within one - quarter mile of either private: or public: permanent o p en apace areas. The Park and Trail identifies this part of the 'ity as a target Plan rea for future park saes There are no existing parks within one mile of the site. The community Development Co + od � requires that Ripon s e e development that a minimuntt of 20* of ediui High. Dens t .. residential . sites developed . * b� ..: �a�th .Landscaped areas. The Cede: o:lso requires that a nn.nimum: of 200 to 300 square :f e€ t of open space area for each dwelling unit, be provided .for either outdoor open space or recteational faci ,ities pp quasi-judicial ., mend he �n order to approve a a +znen.t to the Cc-p rehensive Plan � Policy 1.1.'4, states that the City must that there is evidet e o ohaige Id the neighborhood or co unit which of feats the subjeo: Okr - CPA . 4-0001/Z014 94-0001 NATIONAI, : MO E PAGE : 5 , w parcel; . The planned land uses in the adjoining re., has changed considerably due to Comprehensive Plan Mai �nandmerts previously enumerated in this report. ,due to the topography of the vacant site which ranges from 8 to 15 0 , this specific area is more appropriate f or smaller residential structures than larger office buildings. It is anticipated that less overall grading will be necessary to accomc,date residential uses than commercivl uses. Upon review no mistake can be said, to have been found in the original zoning designation. Instead, Comprehensive Plan Amendments to adj ping properties within the area, construction of the Wellington Estates Project and . difficult site topography of the remaining pa rcels conflict with the current land use designations f the subject properties C. DECISION The' City Council approves the requested Comprehensive Plan Amendment for Washington County Tax, Map properties 28i .0Adi tax, lots 01100 and 01200 from General Commercial and Professional Office respectively Council finds that�gthehax Profess'` ' will promote the. general welfare of the City and will not be gesidentia -, R 2S. The change significantly' detrimental or injurious to surrounding land uses. It is further ordered that . the a pp lican� and. Parties to these proceedings be notified of the entry of th.,d s order. 3TA 'P :E PO PA 4- t)O0 .` zoN 4 -0X101 " I " COUNCIL AGENDA ITEM OP TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY. AGENDA OF' June 14 1994 DATE SUBMITTED: June 1,, ISSt78,%;AGENDA TITLE; Ordinance, PREVIOUS ACTION: PC ..Brq. 4-18-94 Final Order e.rjd F indinas CPA 94-0001, ZON 54 00 1 P_ i) BY: B tsdorf f ,Roberts DEPT BEAD OK ,. CITY ADMIN OR f REQUESTED BY :Be tersdorff rsit ISSUE EB EFOR THE CITY,, COUNCIL Shfou1d the City Council approve the attached ordinance, final order findings �+e Comprehensive Plan Map and Zoning Map to ree�esi na to amend the te a 4.13 are parcel and a 53 acre parcel from Commercial ?professional and General Commercial, to Medium High Density Residential with an R -25 Zoning designation? YNEORMATION,.SUMMARY p p ht is for two p are the second SW Bull The ro osed amendment parcels wh3jch third parcels south and west of the intersection of S Mountain Road and SW Pacific Highway. The applicant previously » neighborhood meeting on this request r 1994. 'the held a g s� on Marc. 1'�, X15 Planning Commission recommended approval of the application at its p 1994 meeting. The City Deveio trie�.t Code red findings April l 18 a attached Ordinance P decision. » . � P e Tires that the incorporates City Council hold a public hearing prix to making a final The proposed . . . .. allow the . icperty to ultimately be amendment is to a p d for multiple family purpd �es . pr p t y s not. » i designation. The change developed The .moo ert has P g �x�rig adds developed ed with the existing 20 . � ,� i g City's area r adversely affecting the Cit merc�al land inventory. The e,.st +eve a. .for additional corii .�• r n restaurant, building may be incorporated into a multi -fatti development or be redeveloped p d for g ev 10 e a civic use such as the Chamber of Commerce, An itemized list of applicant ' s submittals rmu.tta upon is seattached, . The material is available the at the p g � PROPOSED.. ALTERNATIVES Approve the attached ordinancei final order at fin -darn Revise the attached ordinance finnal order and f ndin� Deny the Comprehensive Plan Amendment and Zone. C ah. e, re ect, impacts. piC Post- , #a. Note /811 ' Y A, proposal description detailing the. rea8ots for the request 2 Y. complete. ... p e: ��� fc 8tildy evaluating the impacts to the area based on a hypothetical 93 lot subdivision. The traffic study is on file with the City tecordet and is available for re'v w upon segues 4 • CITY OF TxGARD, OREGON ORDINANCE 14'O 94 AN ORDINANCE ADOPTxNG FINDINGS AND CONCLUSIONS TO APPROVE COMPREHENSIVE PLAN ANENME1T AND ZONING MAP ANEIDMENT REQUESTED BY THE NATIONAL MORTGAGE COMPANY (CPA. 94-0001, ZON 94-0001) V*!ERETtr, , the applicant has requested a c mprehensi to Flan and Zone Change ��rom` Commercial . - Y'3rcel (WCT�+I 2ar+�.1.0A.0 C e to ndments Professional to Medium High resi Density � 1100) andaa... 53 R-25, acre parcel 4 » 13 ac s neral Comm �rcial MN . 1100) from Ge �.a..� lot 2S110AC, tai: lot 1200) to Medium - High Density residential, It . • WHEREAS, the Tannin Commassio� public hearin g on A pr il 18, 1994 and 4oncurred with the Fla nnin g Dir� On` s recommendatical for approval; roval ; an: City Council public .., ncil held a ubl�c hear�.n on the WHEREAS, the Tigard, W ,. . : re q Re t O'une 1 _ ► 1994 to review the applicants proposal, staff s cants ro , the.sta report, the Planning Commission, recommendation and to receiVe public testimony, TH.E CITY OF "TI.GARD ORDAIN'S AS FOLLOWS SECTION' 1: proposal s consistent with and conclusions feria. » based The w all relevant based upon thee, facts, findings, and ns na ea in the. attached final order and Exhibit A. SECTION 2. The City Council concurs with tie. Planning Com.ssion » and, staff recommendations and approve the request to redes ` gnate the parcels illustrated on the acached map, identified as Exhibit "A" with a Comprehensive Plan, designation of Medium 's ign. ne n ity residential and R-25 zoning` SECTION 3 . This e. r rt ys after i;. This ordinance shall n . e effective 3 b da its passage by the City` Council., approval by May++ , an the pos ting by the City recorder. •ORIINNA'CE. No Page ; . PASSED: By y '� `� members' 'vote o� all C� anvil marnb prese'XL after being read by number %Arid title only, this day of 104' tathotifte iThea ey. City Recorder APP 2OVE1 This day of �.,.. � :: � 1994, Approved es to form: •City A.tte*rniey_ Date ORDINANCE No 9 Page: Schw aztz „ May"or 0 4 EXHIBIT' **A CITY OP T2GARD CSTz COUNCIT FINAL ORDER A FINAL ORDER INCLUDING FIND; NG AC'I'D cotte LIYSIONS Tana ';EGAI O AN APPLICATION FOR A c.OMPREHEN$IVE PLAN ,ALTENDMEENT AND ZO_ .CHANGE. APPLICATION APPLICATION1 REQUESTED En THE NATIONAL vIO1'tTG GE COMB 7, The Tigard City Council reviewed the application below at a public hearing on June 14, 1994. The City Council approves the request. Tha Council has be ;ed its decision on the facts, findings and conclusions noted below. A FACTS 1. GENERAL .INFORMATION:, CASE: Comprehensive Plan. Amendment (CPA 94 0001 Zone Change; ZON 94 -0001) . RE UEST: An amendment t o redesignate two properties es �rom Professional Office and General Commercial on the Compre pensive Plan Map to Medium High JeW- -ity W Residential and amend the Zoning X4a_, to designate the properties R-25.. APPLICANT/ National Mortgage, Corporation OWNER: 621 SW Morrison, Suit_ 705 Portland, OR 97205 AGENT: Planning g Pn Resources (Rick Givens) 6564 SE Lame Road Milwaukie, Ott 9/222 LOCATION: SW Eull Mountain. „ Road and an adjoining r arcel to west (WcTM 2S1 0.AC tax. lots 1100 and 12.00) The parcels are on the, south side of SW E�all Mountain Road, �tw«�oj� and three SW Bull arcej parcels west s Of thc, inter action of SW Bu Moun tai' n ? bade, and SW Pacific Highway. Dackorcruric" The smra1] ► ~' t7z.he ttlo. properties is. d ' e 10 , r st a'tur"ant an is pre.''ent. y deignate:: Commercial 118�� The restaurant has been UftdtCd STAFF PEPORT -CPA .94-0001 /WON 9' -000'1 TATI ON MORTGAGE P. '" several years. The larger parcel to th the restaurant presently y he wept of Professional • Off�.cee'use, The city is designated ' for y has no record of any previous development applications having beelA f i, ed for the subject properties,, The Compiehensive Plan and zoning designations of adjoining properties to the south and the west were Medium -Hi �� Density � W + 1 _ ProfcsaionaL to previously amended from Commercia • g ity Residential (R.: 25) . The Co mprehensive. Plan Amendment application for the property to the west (CPA 92 -0002) was the subject of 'lush neighborhood concern from adjoining property owners of lower density residential areas due to the site's existing Profession), Commercial designation, the proposed . Medium-High 'Density Residential D e s s` g ion and � bat traffic con d ,�� estion problem on SW Bull Mountain Road and SW Pacific Highway.. The City Council approvt.ad: CPA 92-0002 and ZO■ 52-0002 on Septerober. 9, 1992. The City Council found that due to the site's steep topography and proximity to transit and . other services available on SW Pactfic Highway that a Hig h Density residential dezgnation was an appropriate designation for the site, The City Council also found that medical and office r ofessional business park , u twere a r ge l y pr e c lud oed from due to development Of t •tillngtOn Estates it was noted that with the coo ra^ ion te wellington states props , ty which also was amended ro essiona Comm ercial to High Density oeetial (CPA 84 -0004 and ZON 84.0004 the And sGn Property CPA f due to their location, total j ect properties that 92-0002 and ZOO 92..000 2) and the subject w p g p acreage and favorable site t acre topography ra..� h�, the area was attractive for an office park, Mountain. " Pend Road arid. S Direct access to both SW %::.ef y+� Hull. '7 ^r "' possible by consolidating sever may parcels, 8 .bean oss�. w ;i P developed p. ecause the te,lljncton Estates Property was . �. condominiums the City y with Councy l found that other properties in the area toned for DProfessional Commercial use were not as likely to be eveloped. as such On 4r!1 2S, 1994 the Planning CoMMission r'ecom ended, approval p he 0 posed Comp posed Plan Map acid one Change (CPA and Zo 54-0001) At that public hearing the 'applicant presented a detailed traffic study for the site assuming a 9 unit residential project, The suddy found that ample capacity was 0001/ZO ' ,94L000i TIONAL MORTOAG8 ?SAO available under either zoning classification. The report recommended a review of a left turn refuge on SW Bull phase of future Mountain Road durin g the design development applications for these properties. Lopo9.posal Lpsc t onz The applicant requests Comprehensive Plan Map Amendments for one vacant 4.14 acre parcel from Professional Commercial to Medium High density residential. The applicant has also requested that a restaurant :Located on a 53 acre adjoining parcel be changed from General Commercial to Medium-High bensity 2es dent al lei canj uncton with this request, the applicant has asked that the zoning designation for these parcels be changed. from Commercial- Professional and General - Commercial to R- 25. Site and Vicinitv.„Information To the east of the subject parcels is an, existing Texaco Service Station and Car Wash. To the west of the site is. a 2.84 acre vacant property and a .5 acre property developed with a single family residence which are both designated for Medium -High Density Residential al use: as amended through CPA 92 -G002 and ZON 92 -0002+ To the, north is Christ the King Lutheran Church, a single family home, and vacant residential property, To the south is the Wellington Estates; Condominium complex snd the newly developing helm Height subdivision which has been partially developed with family resde�nces, The ae.teloped restaurant property has frontage on two streets, One is a closed access road parallel to SW age t. Pacific Hg?�way The property presently has frontal. and i through. a driveway from SW Bull Mountain direct access t Road. The larger undeveloped parcel to the west of the direct frontage on SW 9 Road, restaurant has .Bull, Mountain u Age .cy►..and CtT ,Comreri.ts Two neighborhood meetings were held concerning this application, . Due to its location in proximity to three CIT areas, the facilitators of the Central, south and West C1T s were notified of this request,, The applicants and persons attending this meeting state that many of the primary issues br,ought up at the meeting were concerns over use of the properties for either their current commercial zoning designation or the proposed residential zoning due to traffic impacts to the .intersection of SW STP REPORT , ORT . - CPA 94-0001/ZON 5 0001 - NAB' 1ONAL MORTGAGE PAG8 Bull Mounta_1n Road and SW Pacific Highway. The residents were also, concerned about the number of future driveways which could exist if the vacant 4,13 acre subject site and existing n e property to the west were developed along with restaurant and Texaco Station driveways request and, stated that at the time of development e The Oregon Department of Transportation has reviewed this eloprr. nt pedestrian and bicycle improvements will be required . along the property frontage on SW Pacific Highway. The Water Department reviewed this application and stated that water service to serve this property must be e Subdiv� i s ion, where a 12 inch boundary of the Aspen Ridge from the eastern h waver main is available with adequate pressure : The'. ;later Department stated that the 12 inch water main_ along the frontage road (parallel to SW Pacific Highway) does not xi re adequate pressure to site due to _ ' : Road r six inch water main on ,SW Bull a o the hydraulic radiant The main "+ till, Mountain Road is also inadequate dueo b hydraulic gradient and ab7 ! it y to provide s fire flows, s rin s which need a iee contains numerous existing The Maintenance Services Department stated act tc be teer_ . into account when designing the storm drainage system `or future deg; elonment on the � � e .site. ? `�ture. deue�.ao+;:nt applications will address drainage issues A copy of this re guest was also provided ` the Engin eating Department, the Long Range Planr_irct the Building Department., the Police Department, the Itire District, General Telephone, Northwest Natural Oat, Dr. :D, TRI -MET and METRO. The Planning Division has not recei.vea any other comments' 'or objections FIGS AND NCLtTS YoNS The following criteria, are app1.ie ble to this proposal 'Statewide: Planning g oais 1, 2, 5, 10, 11, 12, ald C ity of Ti gard Comprehensive Plan Policies 1,1.24 1.J.,„ 6.1 .1, 1: I .2, 7:6.1, 9.1.1, 5.2.24 9.1.2, 9 U L , 12 . "; .1; and Cit of Tigard Community Develo p ment Code Cha p ters 18,22 and 18.a2, The a lication is conSisteit with Statewide aAlta Ooai 1, C ititen Involvettient) and. "Tigard Comp e ,er. ive neighborhood y The applieant condutl;ed Plan Po i.c. 2 . �.. �. . �tat�'le�'a.n �h`txach across the _ ... t uhrist s g on March 1:7, 199� a � � hborhood h street , ,frot the h grope' rnes: toe to its location Adjoining' three STAPP PORT :, CPA o061/zOW To At MCST aE PA- P/ Involvement Team Areas (CIT' s) , CIT Facilitators from the South, East and West area were notified of the meeting. In addition to the Planning Commission Public Hearing an oPPortutity for citizen in Put will also be provided at City ring for this application the C�.t Council Public T?ea Statewide Planning Goal ##2 (Land Use Planning) and the Quasi - Judicial Ma Comprehensive Plan amendment P p and Zone Change approval standards of Code Section 18.22 18.32 and Comprehensive Plan n Policy 1.1.2 are supported because cause the City has considered all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies and Community Development Code requlreme, its in the review of this request. Other affected' agencs t»5 including TRI-MET, the Oregon Department of Land Conservation and + o Department of Transportation and M Development, . the Oregon METRO, Service and utility agencies have also been notified of this proposal, Statewide Planning Goal ##9 (Economy of the State) is supported by this proposal because development of these parcels as multiple w l sites may result g ple family residential in a greater percentage of other local properties zoned for General. Commercial rofessional 1 to be used for offices. The General Commercial zone permits office uses The economy of the State is also supported, because the proposed land use would provide a. range of housing at various prices, Due to allowed it is assumed d that the housin g developed on these e era p rties would be more affordable than nearby detaclred single ` amY.y residential areas, The applicant. cant 'v states that the vacant � . 13 acre parcel has be pp been available for development since 1980 and has stated that they have had; no interest expressed for develotm.. e nt under the existing zoning designation The City , also has no record of any previous development applications having been. filed for this, site. local. construction ;yobs and applicant also st ate.; s that. j building' materials purchases may provide for further support: for pp the econctcty as a. result of this amendment. Statewide Playing Goal 4i0 (Housing) is supported by the. Oregon Metropolitan Pixie (Oregon, Admin istra,tive Chapter 66 0 , Divis ion 7.) . The Metropolitan Rousing- k," , ale re p, irea that the City maintain the opportunity for 10 dwelling-units per er acre The Ceity mutt also provide the opportunity for a min cf SO% :ulti ie family housing to 50%. single f amily hous in+ Prrious studies have found that approximately 56° oi: all housing in '`Ti and consists of single family detached dwel li ngs, approv=al of this proposal ii increase the proi.ding STAF ` REPCP ' a CPA. 4 0 003,/,?,0/4 94-0001 fitM 14 `AL MORTGAGE closer to a one to one ratio of single family to multiple family housing. " and subsequent Comprehensive ve Plan Map Previous studies an since 1984 have maintained an and Zoning Map changes r slightly li per opportunity. for slichtl over l0 20 dwelling units acre, The proposed amendment would f' rther increase the r • y y zoned propel i.y within the City density of residentially beyond 10 units to the acre. A Housing Affordability tudy prepared by Washington Count dated. December 993, stated t r multiple- family � that ... • _ g t being built in sufficient t. residential housing is not s to satisfy the expanding su i numbers throughout the County's population. e p o stated e.it rents are high by historic standards, and vacancy rates for small to averse sized apartments are low to zero in the Tigard Tualatin, Sherwood metro area. Statewide Planing Goal #11 (Public Facilities and Services) has been met :because adequate public facilities exist presently or can be extended to serve the proposed residential densities. Statewide Planning s�ortation) has, been . k Goal �l2 {Tran.,�. pp. shown that based on nq Co G applicant has : � sed because the addressed .._ . g, ' studies that Medium-8z h residential trip generation studies t Me (developed at 25 dwelling units per acre) would create 30 .. O`-s fewer trips s than either general office to 5 p e or medical offices. This does not address issues relate, to travel which can, be shortened avoided i co �.. �' the. mmut�ng � ace nests nation � It is user of the site as a work place C trips • " anticipated that residents of the Bull. N�ounta�n At ea requite longer. commuting trips to access commercial professional ~ r ... other factors outlined within this report �it+es Otte to : p y properties p have not been ,r" p.... viiable:sfor either off` ce or commercial uses. �.. sewed as The site frontage Bull Mountain Road �' `' has direct fro. � on SW whiCh is a major collector street, Specific design concerns related to development of this site and other adjoining prop e rties will be addressed through the site development review process under eithr the curren t land use on or the proposed designation. .ite is uses in part because. mass c3es7.: r .. :. r � ..,,.., mass appropriate �. rot�riate. fad residential sr bus service is oresently available on SW Pacific transit b Highway which is less. than 300 feet from the property. Comprehensive Plan P...D1 icy 6.1,1 states that the. shall provide , : an opportunity for a diversity of housing densities and residential types at various, prices a d CPA. 94 .0 0.O 1 /ZON .54-.0001 ti 1C MoR:TCAGB rent levels. This policy is, supp orted by the proposed amendment due to the ability for the site to be u: ~ed for a variety of residential types. The Community Development Code also permits a range of dwelling unit densities to be developed up to 2.5 units per acre. Comprehensive Plan Policy 7.1.2 states that as a pre: condition to development approval, adequate service. capacity shall be made available for all public utilities. The City shall also ensure that utilities are capable of serving all intervening properties and that all utilities shall be placed ut,rierground In support of this policy serving utility agencies t pre notified of this application and have indicated that service is available or can be extended to serve the proposed land Use type. Comprehensive sha ar bPolicy e uid a l states that all new development p This provided with adequate water pressure for fire protection. purposes. This policy has been supported because the Water Department tme informed r nt vas a.nf of this application and stated that adequate p ressure an be made available to the site upon developnen.t 1G t Comprehensive Plan Policy 8.J..1 tes that the City shall shall l p ,: n for a safe, efficient ciet street and ro;'dwey ,, system that rests current needs and anticipated.future gtowt h and deve3 O p m ent This amendment supports this policy because the applicant has demonstrated that this change will result in a net. decrease .n traffic, on during peak '� � F rati .. i �' p. ak travel periods Combrehens a.ve Plan Policy 8„.2.2 states that the City shall encourage the expansion and use old public trantL by: Locating Jana intensive t, ses in clone proximity to transit ways; .ncorporating provisions into the Developme nt Code which require development proposals to provide transit facilities and Supporting efforts by T 1,4 ET and other grou , s. to provide ...... for the rieeds of the t ansportation disdvantaged.. rti F . alit site i ., le to the his policy is supported. b this amendment du proximity of the site to' a miss transit route and commercial areas located on SW Pacific g hway, S T A?P" RtP SET "CPS - V f 01 /ZON ,94 -0001 - NA ONAL MOR TCAGE PACE; 7 Pacific. Highway is approximately 300' feet from the subject ect perties . In support of sections b and c of this px© policy Section 18.120.180 (12) of the Community Development Code, requires that future development which is adjacent to existing or proposed 4rans±t routes make provisions through the Site Devel 3pment Review process for on site transit facilities Com p rehensiv e Plan Policies 9. ].2 and 9.1.3 state that the City shall establish a balanced and efficient tland 118e plan and �s designed is designed to complement the �� ' transportation syst.�.m which �- to minim ire energy impacts. The City shell encourage energy conservation design and construction. The palicie are supported because the proposed land use allows Medium -High D4:nsity residential, uses neai major goods and service., and mass transit service. It is anticipated that a greater percentage of General Commercial zoned property will be used for professional office uses. several such developments are existing within this area both within the City of Tigard. and Xing City on SW Pacific' ', ighway The proposal is cy nsi tent wIth applicable policies of the Comp7ehensive Pan set forth in locational criteria fo.. Medium Density residential based upon the f ollowin findings y p a. Comprehensive Plan req��xires that property The. Com r proposed t� be rezoned for Medium High; Density • i. 14 �� t ` y � .. res3dent�.a..f. �...e nog. ore_entl� be desi Hated for Low° Density Residential develops ent . Th'e pro � - P' erties Ate presently zoned for Prep =e t onal Office and General Commercial ise y, The Comprehensive Plan requires that Medium High Density residentia areas be b-,ffered fr6m low density residential y "� es � . 1 areas Through the site development review process the site can be buffered from the ex isting sincle family residential uee rest of the vacant property. The orn p rehesive Plan re s that Medium High Dens ity residential areas access to a major collector or arterial street, The sub ° ect parcels have direct access to 'V Hull r4our tain. Road ' which :s a major collector ttreet, The properties are alto within to 300 feet of $5,,ot Pacific Hi+ghwa, 'which it c t e.,ssii'led as an arterial street The Comprehensive Plan requires �es tha t, Medium residential sites it have serious development � � pment ST "P' REPORT -CPS 4= 0001,E20N 94.,00 01 - IOWAL IOWA I"IrMTCAGD PAG E 8 limitations such as flood 'dial. s excessive "y steep slopes (in excess of 25='i or poor drainage conditions, site has slopes which range trot 8 to 1S but cons :ruction of smaller reside tial structure8 is not expected to require as much site grad- ing as compared with larger :rofessional office structu •l4es Y'. e T he Comp r ehensive Plan requires that existing facilities have the capacity for, additional i cn al development. Essential public facilities are existing nearby �to serve future development of the proper E ties . xtension o utilities will be necessary upon development of the site. Service and utility agencies have not provided objections to extension of service to this property for this change in use land type. land f. The Covprehensive Plan requires that transit be available within one quarter mile of the property. Pe.b.ic transit is available within 300 feet on SW Pacific ichwayY 5 The Comprehensive Plan requires that medium' Righ i Density residential properties be Located within one. - charter mile of commercial goods and services. The procerties are adjaoent to. incidental commercial services at the adjoining TcxaCo tation The properties are a.... ti " Y yw_ from commercial �+� ,���- � alto ess than ane�- cxuarter m�:� goods and services at the. Canterbury Equate Shopping center. h The Compreherlive: Plate requires that the Medium High. be.nsity res - .. '� - io.ential sites be Iodated within onc- carte_ mile of either private or public permanent open space areas. The Park and Trail Master Plan identifies this part of the city as a target area fcr ftuxc►., park site There are Rio existing parks wthir. one mile of the site* The Community bsvelo p m erit~� upon tit_ requires that upo site development that a mnimum of 20* of Medium R..gh Density retidentiai sites be developed with landscaped area . . the Co de also req uires that a minimum of 200 to 300 s quare feet of open .space area. for each dwelling unit be provided for either outdoor open space or recreational faoi1ities w In order toe pr a quas,i, ,- jud�:c -judicial +a � dment to the Y� p Map Policy L11 state: that the must find that there is evidence of a change in the neighborhood or community which affects t-he su cot 8TAVP R.`PIPC 11T` CPS 84 n 0 01 94 0001: pA MOR CARE Pte+ ?arcel .. The planned land uses in the " �' �' adjoining area has c, �n g' �� ed considerably due to Comprehensive Plan Map AmendAents previously enumerated in this report 1Due to the topography of the vacant site which ranges from 8 to 1St., this specific area i, t more appropriate for r smaller residential structures thaw. larger office buildings. It is anticipate " a will be necessary d that lase overall grading ry to accomodate residential uses than commercial use; Upon review no mist3�zke can be p said to have been found in the original �7oning designation. ,Instead, Comprehensive " '.. `es within the area, Plan amendment s to add Ding` propert construction of the Wellington Estates Project and . w difficult site topography of the renmainir g parcels conflict . �.,t h the current land use designations of the subject properties, IC, DECIS;ON The City Council approves the requested Comprehensive Plan Amendment for Washington. County Tax Map properties 2S110C.. Professional Office: respectively General Commercia? acrid tax lots 01100 and 01200 from to Medium -High bens ty will promote � , � the _ arid � Residential, x'25 The City Counci finds that the cha, ge p t detrimental gnr l +� welfare of the City arld will tot be to general ,� significantl i � �"' �- %nj'�:� ibus to surrounding land.:. It .s further ordered e proceedings be notified oy th' a arid . parties, to these that th pp licant a e entry of this order. ST .R 8PORT ' CpA 4 0 S 01 0 94-0 t C L NATI MOP, TC 26k q' -ot Summarize the adopted fa,'-'411,10 ... 4 c oe- P14.61 Eun ,. the ropossd amendment- If i is� the same :. �Dasoribe how the ado � vndino�icta differs h �a from o • ndme��t �vri"'i M �+'�►,�'����� � y�,._ p write "Same." if you tl t s ' s ,.r .^t. ✓rn not, give notice +�'A ��; Mq�.^.� y � ' p �vw Change YeiP1Q {Ad Phan Map Change From Zone Map Change From wt�cr _� to L•cation: Specify C ensit� Fre io s't�ensity , • * Was an , Exception ad►te He # DLCD �� �,, v' .�.� q vf�« ia Did DLCD receive IVoticQ • P c aoi j Amendment 45 days p iorw r ".r�� r =.rrr . �`!, _ w ,. . ,A..v •« MI,��.. Xr .� �ltl*J�. n'. �e ,3.' 4 "-.Y oa ti�" �, .r �' ,��k "' r.. i r� de�anninq Goaist • °o ,app kcipunnstances Required x AffEieated State or Federal Agencies,t oca$ Governments o ecial D f • a 3, ' Department 'o L ¢ TW n= d C" o: n« a s s ervat on andM ' er• vr ei._ o p" mr,r'• e 1175 Court Stree Salem,`Oregon ' 97310.0590 .. . Submit three (3) co �.es 9f`bc uncl documments nt Adopted materials must he sent to DLCD not later than tae" following the state of. a final .. ision on the a nendment, r: N Y.- !i ".:.• as Mme.. w.CS Submittal of this Not ee of Adoption must i'aclude the testa adopted findings and supplementary informations w...: t...../3-0 The deadline to a ppieiL b .,extended xtended: if you, do not submit t 0 the final decisi in �, ; t[. ►.. swithu�. dive working days of � . Appeals � %. Ma within 21 days of the date Notice of Adoption is sent to DLCDT ; w »itsi • k 4 to sending Notic, of Adoption to DL + D, you must notify participated �n the local hn g and notice of %a. l� d ecislc if of s form, please ocall the the DLCD o es you n mom • may be duplicated on green paper. • p • .fir. _.., .... 4' CITY OF TIGARI OREGON PUBLIC NOTICE: Anvor wishing to speak g g appropriate sign-up sheets) 11 no sheet is available ask to on an .� enc% 'tent should sign on. the at the beginning of that agenda Item. Visitor's e� ��► »i� by the Mayor or less. , ' to be two minutes Loner matters can be set for a future A ex Longer t a items are asked gendn by contacting ether the Mayor or the City Adminlntrator. Times . ,7oted are _estim - it is recor incnded that persons interested in testifying be present by 7:15 p.m, tr sign in on the testimo 1 sign -in sheet: re l h ,gyp r ing Devices are available for person with im • • +,r � : ... o r_ impaired hG7Q�f ��g and i, should be sGheC,�LI`! � s S e Listening Please call meetings by the Monday prior to the Council meeting o.' o�rri� � noon on . 309 (voice) or 4'42772 (WL) - Telecommunications Devices for the Deal,, i Upon !'aVesr; the City will also endeavor to arrange for the y &iiowing swims: Qualified sig n lan g ua g e interpreters for persns with s peec l impairments; and y r Qualified bilingual interpreters. Since these services mug be . neduled u with outside _ ... service : � the dets it is tn t to d re as possible. Please n e City of yout . y preceding the meedng date at the sane phondt numbers as i tiVed above: 639 4171, olc or 684-2712 ODD -Tefecommanications Devi i4 fbr4130 . or hearing. ATTACHE! OUNCHL, ►, NDA JUNE 14 1 PAGE 1 TIGARD CIS' UNCIL BUSINESS MEETING if E 14, 1994 AGENDA STUDY NIEETIM' (6 :30 PM) Review of Consolidated Billing of Water and Sewer Services Agenda Review BUSINESS MEETING (7:30 PM) 1.1 Call to Order - C,cttrfl & Local Contract Review Board 1.2 Roll Cell 1.3 Pledge of Allegiance 1.4 Council Communications /Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items VISITOR'S AGENDA (Two Minutes or Less, Please) CONSENT AGENDA: These item* are considered to be routine and may be enacted in one motion without separate discussion. Anyone my request that an item be removed b me'on for d%sc ussion and separate action. Motion to: 3.1 Receive and File: Count= Calendar W P ANWIR �IIENT CPA -9G0 N ' ;an, OHA ICE !M ►4 .f1 M O GRAPL11Lt?t OTAIN de � intersection : '��'` ' ° of �SW Bull � Mountain Raad, two and three r� Aid LOCATION: he south ��s. i ` Highway pE�rcels west of ot� SW Bull Mountain Road and S Pacific 10(1 land 1200). the Comprehensive an (WCTM 201 1 C9AG, tax lots , r 1 To amend Arai na�`.ed' Professional Map and Zoning Map for two pa,.. cels which are dens g r . Commercial and General Commercial to Medium-High rty eeidential wit an R -25 zoning designation. Hat` on. APPLICABLE REVIEW CRITERIA: Community 18 .56, 18 62, and 18.64;_ Development . Chapters 1822r �`8r t�tion Strategies 2, Palr�+s,. 2.1.1, , ant Code Ch tars. Comprehensive Plan Policies, 1.1.2, mpier te� . i , � 1 •, 1. , 1,5 Yr ,5.1.4, .1.1, 6.3.1, 6.3.2, 6.3.3, 6.6.1, 7.1.2, 7.6.1, 8.1.1, 2.1� 331142 6 8.1.3, 2.`1.1, sand 1 2.'x:.1; Statev id `� Planning Goals 1, 2, 9, 10, .3, 8.2.2, 9.1.3, 1 , R- i g. p single-family '11, and �t 2. ZONE: _ : : `Theproposed R-25 Bonin is to provide far medium-high attached and low to medium rise g ` multiple-family residential units residential development. Ong zoning district C-P is to provide for density p Existing groups of businesses ses and offices in centers, and C provides sites for rraor retail goods and services. Open Public Hearing b. Declarations or Challenges c. Staff Report; Community Development Department d., Public Testimony Prgponenri (in favor of the annexation.) Opponents (Opposed to the annexation.) Rebuttal Staff RecOrnmendation Council gdestona LL Close Public Hearing Co mica Coeration. Ordnance No. . NON - AGENDA ITEMS • EXEC :'' The Tigard City Crunch will go into Session under ��1� SESS��►N. �� � , �� (1) � Exe�utwe Sirs the provisions of ORS 1 s,,�,. , (1) (d), (e), & (h) to discuss labor relations, real proppert , transactions, current and pending litigation issues. ADJOURNMENT cca:00144 ti 'CIL A ENOA -JUNE 14, i ■ / _1 CITY OP TIOARD, J1 J GON ORDINANCE NO. 94-. AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO , APPROVE A COMPREHENSIVE PLAN AMENDMENT AN-D, ZONING M P AMEIS1DMENT REQUESTED BY THE NATIONAL L MORTGAGE COMPANY CPA 94-0001, Z() 54-0001) WHEREAS, the applicant has requested a Comprehensive, Plan and Zone Change Amendments from Commercial Profegttional to Medium High Density resideriti 1, R-25, for a 4.13 acre parcel (WCTM 2S110AC tax lot 1100) and e. 53 are parcel from General Commercial (WCTM 2S110AC, tai lot 1200) to Medu.tn High Density residential, R -25. REAS, the Planning Commission held a public hearing on April 13, 1994 and concurred with the. Planning Division's recommendation for approval; and the Tigard public hearing' on the �RFaAS ic�ard City' Council held a June 4o review the applic� proposal, the staff repreportthe P � 1994 ants request ,. , ne 14 Planning Commission recommendation and to receive pnhlic testimony THE CI "" " or TICARD ORDAINS AS FOLLOWS:' SECTION 1: The proposal is consistent with, all relevant criteria based upon. the facts, find ,gs, and conclusions noted in the attached 121nal order end! Exhibit A 3ECTIO N 2t The City Council conetrs ... . with the Planning ti,orntriimesi6ri and staff r:' +commendat .ons And apprctes the regest tO redesigna:t.e, the parcels il tt Crated, on too ttached map, identified as Mchiiait "A" with a Comprehena ve Plan designation of medium iiigh Density residential ',aid R-25 riing cTICN 3: Thick ardinance shall be efx,e ctiv e 30 d s afher it s. passage by the City Council approval by the Mayo., °an„d posting by the City recorders ti P $ ED a B r vote of all Cotuicil metro rS present after being read by number and tit.e only, this day of , 1994. APPROVED: This Catherine 'Wheatley, City Recorder day o f . 1994. D.D INr.t N: gage 2 , CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT' AND ZONE CHANGE, APPLICATIONS REQUESTED BY THE NATIONAL MORTGAGE COMPANY. The Tigard City Council reviewed the application below at a public hearing on June 14i 1994. The City Council approves, the request. The Council has based its decision on the facts, findings and conclusions noted Below. A. FACTS INFO RMATI N' CASE: REQUEST: APPLICANT/ OWNER.; AGENT: Comprehensive Plat Amendment (CPA 94 --0001 Zone Change ZON 94-0001). An amendment to redesignate two properties from Professional Office and, General. Commercial on the Comprehensive Medium-High Plan Map to Residenti and amend theZ in Map � p ,to designate the properties R-25. National Mortgage Corporation 621 SW Morrison, Suite 705 Portland, OR, 97205 Planning Resources (Rick. Givens) 6564 SE Lake, Road Milwaukee, OR. 97222 SW B"11 Mountain Road and an adjoining parcel to the. west ' CT�TM 2S110AC, lots 1100 and 1200). The parcels are on the, south side of Sw Bull of the, intersect on. of ; B pa;r+cels west Mountain Road, two and th ee ulZ, Mountain, wee Road, and SW Pacific Highway. Background information The w properties . . +� is ... developed Y a 'restaurant r and the presently desinated for General Commercial use. The restaurant has been unocrupaed, for STAFF ' 'REPORT` PA '94- 000 101 94 -0 01 .011101tai iMdR'T 1 • several years. The larger parcel to the west of the restaurant is presently vacant and is designated for Professional Office use. The City has no record of any previous development applications having been filed for the subject properties, The Comprehensive Plan and zoning designations of adjoining properties to the south hd the t eot vtere previously amended, from Commercial- Professional to Medium -High Density Residential (R -25) The Comprehensive Amendment application for the p r op ert y to the west an � A 92-0002) was the subject of much neighborhood concern from adjoining property owners of existing lower density `residential areas due �to the site's d Medium- 'High Density tesidential Designation on, and erosos�e Professs.ona�l coymraercial designation, and.. proposed g traffic congestion problems on SW Bull Mountain. Road and SW Pacific Highway. The City Council approved CPA ' 92 -0002 on 92 J002 and 20N September 9 1 5 9 2 �P The City ,Counc i l found that due to site's stee.. topography . and ro d.mit. to transit and �,� the s steep proximity jr,°'. other services available on SW Pacific Highway that a j Medium High Density residential designation wad an appropriate designation for the site. The City Council also found that 'medical and office professional business park uses were largely precluded due to development Estates opment of the Wellin ton. Estat Condominiums It was noted that with thy. combination. 1 the Wellington. Estates property which also was amended f om Professional Commercialg Density* Residential tial - � V V O 4 tand 2ON 84-0004, the Anderson Property (CPA 9 2 0002 and. MN 92- 000,2) aid the subject properties that due to their location to #4a1 acreage and favorable site topography the area was attractive for an office . park . Direct access to both, SW Beef Bend Road and. SW Bull Mountain! Road may have also been possible by consolidating several parcels. Because the Wellington Property . ty o " condominiums Estates � o�er�. ve ot�e�3 with. o � a.ums th ter . found that other properties in the area a C T. Council _... � coned, for " Professional Commercial use were not as likely to be developed as such. p 25, 1994 the Planning Commi ssa on l.eco mend led On April 2S .. ,� ;,. approval of the proposed Comp cehensiv ' Plan Map and `Zo ne Change (CPA 94-0001 and 2011 94 -0001 that public hearing the pp,. cant presented. ~ At raffic stud, for the site. assuming. �� 9 ; mi, re.e�d���a�, t y project. The study found that ample caae�.y S ABRB - .. � 94-000i � N?�Tlo�C� MORCB ;PAs� 2 "� Po�.T, u. �P� �. '+� � ���c��r ir\ 0 • a. • 41 available under either zoning classification. 1,ilhe report recommended a review of a left turn refuge on SW Sul?. Mountain Road dur4.ng the design phase of future development applications for these properties. 3. Proposal Description The applicant reques : ,mprehensive Plan Map Amedments for one vacant 4. acre parcel from professional Commercial to Medium Hicrh density residential. The . applicant has also requested that a rest aarant located on a 5 3 acre adjoining parcel be changed front General Commercial to Medium -High Density Residential. In conjunction with, this request, `he applicant has asked that the zoning designation t:or these parcels be, changed from Commercial Professional and General Commerc. i. to R- 25. Site and Vicinity information: To the east of the subject parcels is an L cisting Texaco Service Station and Car wash. To the west of the site is a 2.84 acre vacant property and a .35 acre property } pe g family residence which are both developed with a single fa amended through CPA. 92 - 0 0 Y 92-0002 • � Toe as designated for Medium -High Density Residential u a g 92-0002 and ZON . To the north is Christ the King Lutheran Church, a single family home, and vacant residential property. To the south is the Wellington Estates Condominium complex and the newly t tin Helm Height subdivision which has been . partially developed with single family residences The develoed. restaurant property has frontage on two P p streets. One is a closed access road parallel to Ski Pacific Highway. The property presently has frontage and direct access through a driveway from SW Hull Mountain. Road, The larger undeveloped parcel to the west of the. restaurant has direct frontage on SW Dull Mountain rtoad, S Agency anal CIT ..foments T • . , • g .. • heed concerning taxis Two neighborhood meetings were Due to its location in proximity to the CIT areas, the facilitators of the Central, South a,d West GI.T s were notified. � request. �1 and persons attendn g th seetn g afathat m yofh� primary issues brought up at, the Meeting *tere conctrns over 'use: of the properties for e. e� th �t ei dent, commercial zonin signation or the proposed residential zoning due to traffic ittpacts to the intersec i,on of SW ST E' VAPOR CPS 0041/ ?" ' 94 0001 NATIO= c MORTGAGE P'AG Bull Mountain Road and SW Pacific Highway. The residents were also concerned about the niimbsr -of . future driveways which could exist if the vacant 4.13 acre subject site and the property to the west were developed along with the existing restaurant and Texaco Statirn driveways. The Oregon Department p of Transportation has reviewed this request and stated that at the time of development axed bicyclic improvements will be required pedest�`iar� �,�, � . Highway. ,� - � g property along thy:. �opert frontage on SW Par�,�: f o.. �z ��a . The Department reviewed this application and stated that �awater epservic property o t be ��m the eastern u�da this of the Aspen Ridge extended • from .. � r e with Subdivision, where a 12 inch water 'main is available adequate pressure. it er Department stated that the 12 inc wa ter main along a road (parallel to SW Pacific Highway) do not have adequate pressure to • hydraulic gradient. The six • eve the site n.te,. due to the hyd se inch water main on SW Bull Mountain: Road is also inadequate ,. due to both hydraulic gradient and ability to provide sufficient fire flows. The Ma �' a Services Department stated that the site i �' ntet an �' contains numerDus existing apra.ngs which need to be taken into account when designine, thy: storm drainage system for 5,• evelopment future development on the � ...ate. i Future �d w applications will address d .nage issues in detail A oopy of this is 'ems .t As also provide d to the EngineLring Department, the Range Planning Division, r the Building Department, the Department„ Fire District, General Te3e p hone Notthwes t Natural Gas , DL^D 1. nning Division has not TRY _ and METRO, her i.omwnentE o . �' t � The p or objections. received any n FINDINGS AND CONCLUSIONS criteria are applicable to this prop 13; The. following `t 12t and 13 Statewide Planning Goals 1, �' Plan Bolicies �L.1:2 „ 2.1.1, ••t 9, � , City of Tigard Comprehensive 1 8 1.,1 8' ., 2 2 9.1.2, .. 9.1.3' , 12,1.1; 1 1 }Ti arct Community Deve10 '� . � � '� �: c y 7.6.1, Chapters and Ca.t� of g i `�y P went Code:. � 18.22 and. 18.82 The application is consistent with Statewide 'ling , Goal 41 (Citi2en Involvement) and Tigard Comprehensive an Policy 2.1.1. The applicaVt conducted 1994 a- neighborhood .... ., .�. i the the ding . ho+bd 'i`ileet�,n'C,�' on, March �.'i r, at Christ t"�1 Lutheran Chuch across the street frO h st bj ect Properties., b-�e. 'to itS location adjoining t e.r '!e Citizen 4 BT: P' SORT CPS .94 ,i Q o . �:* - 1%tCrft �� � � �1 � I�AT1t%�1i;► M43R�'G�G� �"���. STAFF Involvement Team Areas (CIT' s) CIT Facilitators from the South, East and West areas were notified of the meeting. In addition to the Planning Commission Public Hearing an opportunity for citizen input will also be provided at the City Council Public Hearing for this ,u plication. Statewide Planning Goal #2 (Land. Use Planning) and the Quasi t?udicia.l Comprehensive Plan Map amendment and Zone Change approval standards of Code Section 18,22., 18'..32 and Comprehensive Pl an Policy '1.1.2 are supported because the City has considered all applicable Statewide Planning Goals, G ' ty of Tigard Comprehensive Plan Policies and Community Development Code requirements in the revi • closer to .a one to ,one ratio of sing ,e'.fa^mily +to multiple family housing. Previous studies and subsequent Comprehensive Plan Ma p and Zoning M ap changes s a.nce 1984 have maintained an opportun :Lty far i1ightl.y over 10.2.0 dwelling, units' per acre. The proposed amendment would further increase the density of residentially zoned property within the City beyond 10 units to the acre. A Housing Affordability Study prepared by Washington County, December that multiple- fatily residential housing not being built in sufficient numbers throughout County's satisfy expanding The report stated that rents are high by historic standards, and vacancy rates for small to average sized apartments are low to zero in the Tigard, Tualatin, Sherwood metro area. Statewide Planning Goal #11 (Public Pacilities and Services) has been met because adequate, public facilities exist presently or can be extended to serve the proposed residential densities. Statewide Planning Goal g12 (Transportation) has been addressed becatt9e the applicant has shown that based on trip generation studies that Medium -High residential (developed at dwelling t s per acre) would create 30 to 50* fewer trip* han eithe r geners:l office or niedital offices. This does not address issues related to commuting travel which can be shortened or avoided by b the g site as a work place destination. It is use. of the anticipated that resit i°_nts of the Bull . Mountain Area will require longer commuting trips to acces commercial" professional sites . Due to other factors outlined within this re crt these specific p p properties have not been viewed as viable for either office or commercial uses, Tlif,it site has direct frontage on Sit` Bull Mt uutain Road . coneBerns relate j Street 6 specific: design �ah���� is a major collector d to development of thss site and other development adjoining ape ties will. be. addressed through the site �� �wg,p.p �` ew process under either the current land use deignation or the proposed designation:. The site appropriate for residential uses in art because ,mass transit bus sertfice is preset1, avail:l:e OA SW pAci`.c; Highway which is leas than t tl feet from the property.. Comprehensive Plan. Policy 6,1-1 p � � . for . city ,� ... states that. the +� shall ro'trid e. an opportur .ty a diversity of hou.ein�. densitiee, and resi+: a itial tjp s at various prices mid PORT' CPA 514-0001/2M 9' -0001 - IMP:lomat MORTGAtE a;+ f rent levels. This policy is supported by the proposed amendment due to the ability for the site to be used for a variety of residential types. The Coitmunity Development Code also permits a raige of dwelling unit densities to be developed up to 25 units per acre. Comprehensive Plan Policy 71.2 states that as a pre- conditir.n to development approval, adequatt service capacity shall be made available for �l1 public also ensure that .. . utilities The City shall .. utilities are capable of serving all a. p g intervening properties and that all utilities shall be placed underground. In support .... of policy g utility r g ied of this serva.n - a enc.�es were not this application and have iidicat d that service is available or can be extended to serve the proposed land use type. ComprehenssiVe Plan Policy 7,,6.1 states that all new development shall be provided with adequate water pressure for fire pr u oses . Thin u protection p rp policy has , supported . e the Water Department. ►as informed . of this application e and sated that adequate water pressure can be Made available; to the site upon development. Comprehensive Plan Policy 8.1.1 states that. the City shall plan, for a safe, efficient street and roadway system eeds and anticipated future m that. meets current vowt ' and development. This amendment supports this policy because the applicant has. demonstrate olio b�*ca demonstrated that this change will result in a net decrease in traffic generation during peak travel periods. Comprehensive Plan Policy 8.2.2 states that the City shall encourage the expansion and use of ptblic t7.ansit by: Locating land intensi V 1.8( 10 to transit ways e in close proximity .. Incorporating previsions into the Development Code which require development proposals to provide transi faci1iti ±s c. S'pportirg' efforts by TiU MET end. other to provide for the needs f, the transpor' disdvantaged Vhiv po licy is supported by this amendment due to the Prtx1014Y of the 'ttallaied ' t . route na on commercial aa�as coated � � - ►��`'� ��" S T .xr RgPOler ' CPA ; 4-0001/Z X9.1 -0001 ,. low. 1 OPTG4 p C pups ation EZ Pacific Highway is approximately 300 feet from the subject properties. In support of sections b and c of this policy Section 18 120.180 (12) of the Community p q _ Development Code, requires that future d evelopment which is adjacent to existing or proposed transit routes make provins through the Site Development Review process for on site transit facilities. Comprehensive Plan Policies 9.1„2 and 9^.1.3 state that the City shall establi_ h a ba Anced and efficient trans • h . �+ gn p the transportation system which is designed to complement th p. g energy impacts. land use. plan and is designed to minimize e The City shall encourage energy conservation design and construction. These policies are supported because the proposed land use r,,� iows Medium- High h ensit residential uses near major goods and services and mass tr tnsit service. It is anticipated that a greater percentage of General Commercial zoned property will be used for professional office uses. Several such aevelo mf t are p existing this area both within thy.. City Tigard and Ring City on Sw Pacific Highway. The proposal p p sal is consistent with applicable policies. of the p forth in locationa.l criteria 12.1.1 for Medium High Density residential based upon the following findings: The Comprehensive Plan requires that property proposed to be rezoned fo Mediun High Density re residential use not presently be designated for Low Density Residential development The properties are presently zoned for Professional Office and General Commercial use The Com��y�Jyr hensive Plan. requires that Medium H►.jh i Density •. :,sidential areas be buffered from low ` Through the site density residential area the site can be buffered development rev .ew process K from e existing single family residential use west of the vacant property, The C om p reh e r' i ve Plan requires that Medium Hi gh Density residential have a � collector or arterial street. The subject parcels have direct access to SW tun mountain goad which is a major collector street. The properties are also within. 217 to 300 feet of SW Pacific Highway which, is classified as at arterial street.. d,,. The Comprehensive Plan requires, that tedium ► Density i . » p Wit, >esident�.al sites �aiot have serious deveZo trt STAFF SPORT' CPA 94 - O O 01 /ZON .94-0001 ,, HATIONA.4 „► MORTOAGIg PAGE 8 • limitations such as flood plains, excessively steep p (in excess of 25%) ra drainage slopes ) or ��oo g conditions. The site has slopes, which. r ngP from 8 to 15% but construction of smaller residential structures is not expected to require as much site grading asompared with larger professional office structures. e. Tie Comprehensive Flan requires that existing facilities have the capacity for additional development. Essential public facilities are existing nearby to serve future development of the properties. Extension of utilities will he necessary upon and utility agencies development of the site Service y g . es have not p rovided objections to extension of service to this property for this change in land use type. The Comprehensive Plan requires that transit be available within one quarter mile of the property. Public transit is available within 300 feet on SW Pacific Highway. The Comprehensive Plan requires that Medium High, Density y . of commercial goods and within . r mile it r�.sidential properties re oca�ce one -quarter r�,uarte S' services. The pr or ert2es are adjacent to incidental i ental commercial sery e ces at the adjoining Texaco Station. The properties are also less than one commercial goods and services at . quarter mile from g pp . , in g the Canterbury Square ...are Sho Center. The Comprehen ive Plan requires that th e Medium, Density residential sites be located r�rithin High - quarter mile of either prj' =ate or public m�,r�s, �r and Trail. permanent open space areas. Master Plan identifies this fart of the, City as a target area for futu a park sites. There to no o existing parkswathin one vile of the site . The Community Deveio meat Code re quires that u pon site development th at a minimum of 20% of Medium High Den y sit residential sites be developed with landscaped areas.. The Code also requires that a minimt ,a of 200 to 300 square feet of open space area for e c unit he provided for either ither oatdoor op en space or recreational facilities In order to appro tre a quasi-judicial amendment to the Comprehensive Gomprehens Plan Map Policy 1.1.1 states that the !C� must find that there is evidence of a change in Aieighborhood or community which affects .., the s'.►+�., T FF ; RE POHT .. CPS. '94 0001/Z011 94:- O00'1 , NATIONAL MOHTOAGE PACs b • aM • parcel. The, lamed ']. nd Ubes .n � pthe adj oin s n "a Pa ha proes i4 sa y ly e dmu ted imn rtheh i rei poe" rt P ah Mar' Amendments ..`mm Due to the topography of the -a' ^'ant site which ranges from t to 15r specific pP priate for this area r is more a ro smarmier residential ' structures that larger office buildings. It is anticipated that leas :.+ `v+ara . . grading will be necessary to ac omodate residential uses than coic:merciai, uses • • ,. • .. [ V ., : r. .. n Upon rev�.ew, no mistakF, can be said tt� have been. found .i. the original zoning designatic n. instead, Comprehensive Plan Amendments to adjoing properties within 'tiw areas, construction of the Wellington Estates Project and difficult site topography of the remaining parcels conflict with the current land use designations of the subject properties DECISION The City Council approves the requested Comprehensive Plan Amendment for Washington County Tax Map properties 2S11OAC, tal- lots 01100 and 01e'w00 from 'Ciantral Commercial and Professional Office .respectively to Medium -High Density w promote the g City t � ` • 4 9'e will d�:�tial, � 25 The: general welfare i the City and. will tot be s igni ff' icantly detrimental. or injurious to surrounding land uses It is further ordered that the 'applicant, and parties to these proceedings be notified of the entry of this order. rtr *;� , F IMPORT -� CPA 94 00'O1/Zbt 0001, �-, .nA ICS O E: PA +O� CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to :speak on an agenda !tern should sign on the appropriate sign-up sheet(s). Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Comm. r � to meeting Please call 6�9 -�� ?� Commission meetings by noon on the Monday prior t+� p g . 358 (voice) or634-2772 (TDD Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange f rr the following services Qualified sign language interpreters for persons with speech or hearing impairments; anal Qualified bilingual interpreters. Si services ... '� i your important . Since these � must be scheduled with outside service providers, it is � ,p�.�rtant to w " ad time as passible. Please notify the City of need by 5.00 pm., allow a� � much le on the Wednesday preceding the !meeting date at the same phone nwrt ers as listed above. PLANNING I In MISS!, N / 1 E II 4 c, �.t 'a CITY OF TIGARD PLANNING COMMISSION APRIL 18, 1994 AGENDA 1. CALL TO ORDER ROLL CALL 3. APPROVE MINUTES 4. PLANNING COMMISSION COMMUNICATIONS 5. PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT': CPA 94-901 ZONE CHANGE ZON 4-0001 NATIJNAL.M3RTGAGEfBULL MOUNTAIN ROAD LOCATION: The south tide of SW Bull Mountain Road, two and three parcels west of the intersection of SW Bull Mountain Road and SW Pacific Highway VCTM 2S1 , . 00 and 1200). To amend the Comprehensive Map and rvePlanM 1 oAC tax lots � 1 . .. designated Professional Office and s which are `urrently R-25 Zoning Map nor to►.ro parcels �vhic i i i. -5 zoning with an . � gh density residential �� General Commercial to Medium-High APPLICABLE REVIEW CRITERIA: ommun: y Cerrelo e pment Code Chapters Cha p 18.22, 18.32, 18.56, � and 18.56 18.62 d 18.64; Comprehensive 'Plan Policies, 1.1.2, Policies 2.1.1, 2.1.2.; 2,1.3, 3.1.1, 4.21, 5.1.1, 5.1.4, 6,1.1,, a.3.1', 6,3.2, 6.3.3, 6.6.1, 7 1.2, 7'.,c' 1, 3.1.1, 8.1 .3, 8.2.2, 9.1.3, 12.1,1 , and 12..e.1: Sato'!hlde Planning Goals 1, 2, 9, 10, "4 1, and 12. ZONE: The proposed R-25 zoning is to provide for single-family atta_ d and lew to medium rise mulitple= fzsrfily residential units for medium -high density residential development Existing zoning district -1 is to provide for groups of businesses and offices in centers, and C -G provides sites for major retail goods and services. OTHER BUSINESS 9 ADJOUtiNMEI!T' PL hll ll t CC MMIS$ :4.4/r 8 4 PAC • k qgar STAPP REPORT TO THE 'MANNING COKKISBION HEARING DATE: Ar?ril 13, 1994 - 7430 P.k . HEARING LOCATION: Tigard City Hall 13125 SW Hall Eou .e ,rd TigMrd, OR 97223 A. PAC WS A CASE: ;GE,A ITEM 5.1 C o aprehens iv : Plan Amendment (CPA 94 -0001 one Change ZON 94-0001). REQUEST:, An amendment t^ redesignate two . properties from Professional Office and General Cntmerciai on the Comprehensive, �.p �g.... P� 3n Ma to Mediut� -xi h Hens �.ty Residential and amt..nd the Zoning Map to designate the properties rties R -25. 1PPLICA'4T f National Mortgage e Core ora ion p OWNER: o21 SW Morrison, Suite ' 705 Portland, OR 97205 Planning Resources (Rick Givens) 6564 SE Lake Road Milwau.kie, OR 97222'` LOCATION: 11240 SW Bul7, Mountain �daad and an adjoining parcel � g p t to the west ( tI'cTil 2 S1 t JAC, tax; lots 1100 and 1200). 0$,,Ao, parcels are on the south side of SW Poll Mountain Road, two and three parcels west of the irntersectian of SW Bull. S `= ".1ntain. Rtiad, and SW Pacific Highway. Background Inf o;c , :turn : pop restaurant and is too �Q �ert:�es is developed r�itht a The smaller of the presently I.esignated for general Commercial Use. Il e rest<str. -atnt has been uliioccupied for several years. The larger parcel to the, west of the restaurant is Presentl. 1,roant and is designated for Professional Office use. The City has no record of any .s," Previous �'�.e'�elop�►ent applications h�.ang been filed for STAFF REPORT CPA 94 -0001.19::)14 9 < -0001 a ON l MORTGAGE w wM y`r W the subject properties The Comprehensive Plan and zoning designations of adjoining properties to the south and the west were previously amended from Commercial - Professional to Medium -i.r gh. t ~rit ty Residential (R -25 ) « The Corpre tensiva Plan Amendaent application for the property ert i er- the subject of • neighborhood concern from adjoining ning P o P e t y owners of icwer density residential areas due to the site's existing Professional COanercial designation, the P P g Density s SW ` 9 ation and ro osec� Medium -Hi h pensa.t Residential Designation traffic congestion problems m on SW Bulb Mountain Road and SW Pacific Highway. The City Council approved CPA 92 -0002 and ZON $)2 -0002 On September 9, 1992. The: City Council found that due to the site's steep topography and pr ximit to transit and Medium High available on SW Pacific Highway Mthat a o cher r ii servsces gh Density residential designation gas an appropriate designation for tho site. The City Council also found that medical and office professional business park uses were largely precluded due to development of the Wellington Estates condoxainituts. It was noted that with the cc.nnbination of the Wellington Estates property which also was amended from Professional Commercial to High Density Residential (CPA 84-0004 and ZON '84 -0004, the Ander:sbn Property (CPA 92 -0002 and ZON 92-0002) and the subject properties that to location, � acreage and favorable site due to their location total topography the. area was at�� rrictive for an office park. ..: Direct access to both SW Beef Bend PGi and SW Bull. Mountain Road may have also been e. by con g � _ � pose �bl? so r�idat 1A " several oarcals. Because the. Wellington Estates : P`,�o p was developed with condominiums the City ' e � � rt v , Council ' ound that other property es in t,a P•rta toned for Professional Cdtmerciai use were not as 1 .kely to be . developed as sue:. Prr�_.osal DosetiWeag The applicant requests Coinprehetts ive Plan mtap AmendmentA for one vacant 4.14 acre parcel from , Profess Iona Commercial to Medium High density resdiential. The applicant has also requested that a restaurant located on. a .53 acre adjoining parcel be changed fr om General Commercial to Me dium High.Den»tity Residential. In conjunction with this request, the applicant has asked 001.1.Z011114 0001, NATIONAL MORTC , E PAGE .2 Tw b • 1 t gal • that the zoning designation for these parcels be changed from Commercial- Professional and renera1 acorn- rcial to R- 25. d Vici TO the east of the subject parcels is an existing Texaco Service Station and Car Wash. To the west of the sites a 2484 acre vacant property and a 35 acre. property developed With A single family residence Which are both: designated for e divan-High mensity Residential %se as amended through CPA 92 : 0002 and ZON 92.000 y TO the ht��te and vacant s e e Single f am �. "L�y north is Christ the King Lutheran church, a re id ntial rop rtye To the south iS ,hr Wellington E states Condom morn complex and the ne`dllt d Ve1opinq Hel g Height subdivision which has becxx` partially developed it single family residences. The developed restaurant property has frontage on two streets. One is a closed access roads parallel to Sr Pacific Highway. The property ... presently has frontage and direct access through a driveway from 8W tun. Mountain Road.. The larger undeveloped parcel to the west of the restaurant has direct frontage On SI 'Bull Nouatan Road. e i'1i and C:1T Commentk Two, neighborhood meet n� 6 werE held concerning this application. Due to its ocation in proximity to three 'IT areas# the fAcilitato s of tche Central, Sough and West CIT's were notified of this request. The applicants afld persons attending this meeting state that many of the p rimar y issues brought up at the 'ne eting were concerns over use Of the properties for either their current commercial toning designation o r the proposed residential l toning dre: to traffic imP ac i the intersection oaf Bull mountain toad and SW Pacific Highway. The resit ente were also conctxned aho..tt the number futuze drive tays which could exist if the vacant 4..3 acre subject site and the property to the West were developed along with the existing restaurafit . and Texaco Staf t on driveways e g p Stated' p rtation. has reviewed this 'The. ire a►n Ete artment. o� Trans a that at the time. of d :,�velopmment pedestrian and b � icyc'i+� i�ap=oems:nts 'w�il�. .fie rewired along the rO ert. frontage on. SW - g P P �" � . g Pacific 'Highway', The Water Department reviewed this application and state that water service to serve this property must h extended from the eastern botndary of the Aspen i dge. subdi ision, where a 1 inch water in is available with STAE'P RPORT , CPA 94..000l/ZO1 0001 NATIOISIM MORTG a et Vero o- ,) • L' adequate pressure. The Water Department stated that the 12 inch water main along the frontage road (parallel to SW Pacific Highway) does not have adequate pressure to serve the site due to the hydraulic gradient. The six inch water main. on SW Bull Mountain Road is also inadequate due t..,) both hydraulic gradient and ability to provide sufficient fire flows. The Maintenance Services Department stated that the site contains n me ous exit ,sting springs which need to be taken into account when designing the store drainage system for f•ture development on the site. Due to their expectation that development would be more likely to occur under a Medium -High Density designation maintenance services recommended that the designation of the property re rain unchanged due t existing traffic congestion problems on SW Pacific Highway. A copy of this requ*st was also provided to the Engineering Department,. the Long Range Planning Division, the Building Department, the Police Department, the Fire District, General Telephone, Northwest Natural Gas, DLCD, RI-MET and MWRO. The Planning Division has not received, any other comments or objections. D. FI DXNGS AND CONCLUSXONF,'. criteria are applicable to this proposal: w Stateide Planning Goals it 2, 9, 10, 11,, 12 and 13; City of Tigard Com p re;en,sive Plan Policies 1.1.2, 2 r 1.1 , 6.16 1, 7.1.2, 7.6.1, 8.1.1, 8.2.2, 9.1.2, 9.1.3, 12.1.1; and t7.ity Of Tigard Community Development Code Chapters 18.22 and 18.32. The application is consistent, with Statewide Planning Goal #1 (C ?tizen Involvement) and Tigard Comprehensive Plan Policy 2.1.1. The applicant conducted a �o meeting 17, Christ the Kin: LLtheranChu h across, the , street from the subject properties. Due to its location adjoining three Citizen involvement Team Areas (CT's) , CIT Facilitators frott the SoUuth, East and West areas were notified of the Meeting. In addition to the Planning Commission Public Hearing an o portum'''�.ity for citizen: input Fill also be provided at p the City Council, Public Hearing for this, appl caticn Statewide Planning, Goal #2 (Land Usp e Planning) and the Quasi- audiciai Com prehensive Plan Map amendment and Zone Change approval standards of Code Section 18.2 2. , , 18.32 and Comprehensive Plan Policy .. 1.1,.2 are su torterr b e caUse he City has consideret al l applicable Statewide Planynxng� ' ST p PEPORT CPA 94- IOOi/ZC N -"a NATIONAL. OE .GAGE PAGE 4 4 Goals, City of Tigard Comprehensive Plan Policies and Coinmvnity Development Code requirements in the rev.ieW of ohs request. Other affected agencies including TIE, the Oregon Departmentf .Land Ccns ervat ion and De e1opment the and D Department of Transportation and y agencies have also bee' notified of this proposal Statewide Planning Goal #9 (Economy of the State) is supported by this r. y proposal because development of thette parcels as multiple family residential sites may result in a greater ,,ercenta a of other local properties zoned for General Commercial to be used for professional General offices. g il ercial zone permits office tses pining g eneral retail wad service businesses w ith professional: off • ,.$3 uses is generally viewed as being o». p �� ry �1�.rie�'��.a and supportive of each other. The economy ofm the State is also supported because the ro osed land P p use would provide range of housing at various prices. Dune to the density allowed it is assumed that the housing developed on these propert4 is would be more affordable than nearby detached single family residential areas. The applicant states that the vacant 4.13 acre parcel, has been available for developmeaxt since 1980 ald has stated under the .. � � . �' The :development - h exi.stin zoning designation, The City „ that they have had no interest a �' �' ,� also has no record of `, development applications having been filed for this i f any p�ev�.caus develop ... applicant states that local construction jobs and bui in mate als purchases may � ravid€ for further supp ort for the economy as i'.s result of this amendment, Statewide planning . Goal . /10 (Hou s ing) is sup. gor " e d b y the aregonIetrapol� tan Pule (Oregon Administrative Rules, Chapter 660, Division ) The metropolitan zn g ae requires that the City Maintain the opportunity or 10 g s p . The . , . t must also the o ortunit . + u Pp � units a o€ 54$ m It le family provide dwelling un �' + � �' � o ,.sing to 5 single family hotisirt . Previous studies have found �1� resin . that approximately 56% of all housing in Tigard c Onsistl of single family detached deilings . Approval of this p ill, increase t proposal he possibility of. providing closer to a one to one ratio of single f,ami1y to t ltipie family housing. P . , subsequent Co. Previous studies and soli mpreh�nsive Plan: hap and Zoning 1 �ta,p changes since 1984 have maintained ai; opportunity- fo r slightly over 10.20 dwelling Units per acre, The proposed amendment :could. further ,inorease the density of residentially zoned property vithin the • OAT - CPA, 94» 0 01/ Cdr 04-001 TGAGE o c� I: 0, a - • av _ GY 1 beyond 10 tnits to the acre. A Housing Affordability Study prepared by Washington residential i,. s Illy .,.. County, dated December 1993, staked that multiple-family residential housing is not being built in sufficient numbers throughout C's ' to satisfy the expanding population. ulation. T he r orta stated that rents are high by historic st nd ards c and vacancy ratea for : small to „average sized apartments are low to zero in the Tigard, Tualatin, Sherwood metro area Statewide Planing Goal #11 (Public Facileeies and Services) has been met because ad€guate ;public facilities exist presently or can be extended to serve the proposed residential densities. Statewide Planning Goal #12 (Transportation) has been addressed because the applicant has shown that ;cased on trip generation studies that Medium -High residential (developed at 25 dwelling units per acre) would create 30 to 504 fewer �p than either da office or medical offices. T i s does ®t address issues related to c ravel which can be shortened . .i... is use of the site as a work place destination. o ded I the anticipated that residents of the Bull Mountain Area will require longer commuting trips to access commercial- professional sites. Due to other factors outlined within this report these specific properties have net been Viewed as viable for either office or commercial uses. The site has direct frontage a on Stg Bull Mountain Road which is a major collector street,, Specific design concerns related to deuelo P invent of this site and other adjoinin g properties will be addresse3 through the site development review process tenter either the current land K Use designation or the proposed designation. Tho wuy`r..te is appropriate for residential uses in part because .pass it bus service is pros a ,n tly available on Sw Pacific transit Highway which is less than 300 feet from the pproperty. , C 6.1.1 states that the City P c�nensi;ve Plan Policy 5» 1. the om r shall provide an opportunity for a diversity of housing dens. ,ties and residential various prices and ` dential types at va P levels. This policy ` supported by be proposed sed rent is by the. �o 0 amendment due to the ability for the site to e f a variety or residential is The community Development Code also pe . nits a range of dwelliP4 unit densities to be developed' up to 25 'Units per ,acre. Comprehens r: ve Plan 1. Policy 7..2 states that as are - to condition development a ►r nova ` to l* a►deqnate s " REPORT CPA 94 -000 ./ ZON 94-0001 - VATIMAII MORTG PAGE} r • • capacity shall be nadra available for all public utilities. he City shall also ensure that utilities are capable of serving all i4.teru'ening properties and that all utilities shall be placed underground.. In support of this policy serving utility ag encies were notified of this application and have indicated that service is available. or can be extended to serve the proposed land use tpjte, Comprehensivve Plan Policy 7.6 .1 states that all new development shall be provided with adec to water pres8ure for fire protection purposes. Thi policy has been supported because the. Water Department was inf ►rmed of this application and stated that adequate water pressure can be made ava il,ab1e to the site Ripon development Comprehensive Plan Policy 8.1 .1 states that the City shall plan for a safe,- efficient street and roadway y 4 ` ipated £suture s stem that meets current needy and anticipated growth and development. This amendment supports this policy because the applicant has demonstrated that this change will result in a net decrease in traffic generation during peak travel periods. Comprehensive Plan Policy 8.2.2 stater that the City shall encourage the expansion and use of public transit by: a to tri Locating land intensive uses in close pro : %cirity ways; b. Incorporating provisions into the Development Code which require development proposals to provide transit facilities; and c. Supporting efforts My Till -SET' and other groups to provide for the needs of the transportation disdvantaged. policy is :� this p by amendment due to the This alic supported b 1s aIIie proximity of the site to a Mass transit route and commercial area located on SW Paa:ific Highway 0 SW commerc `g y is mate Wi hwa, �s 3pfrro`�� ly 300 feet fr the thi policy � Section 3.8.12 0� t +�. r�Sections �. �; �`.. ,.., d of r ernes . In Support ,�,$ 0 � �2 o �h �.� Co 'ibi..`.ti1�Lt subject .. .. � � � eve lopment Code, requires that future deVelortent which is adjacent to C xi'sti go4 p.. rop, os ed trab. s`.y �t y o4 Gry.. ? take provisions through the site De1ltipment Veviev btdCess fob on site tralsi facilities, 94 titi0.1420$:-.54-0001 Comprehensive ,Flan Policies 9.1.2 and 9.14,3 state that City , e.tt the Ci't'�j shall establish a balanced and eft' . �.i tran ►o�tatior4 system which is designci. to complemeitit the land, utSe plan and is aesi g ned th 1inimi, e energy impacts The, City shall encourage energy conservation design an+ construction.' These policies are supported becausee proposed land use allows Medium-High Density residential uses near ma-or goods =Id ry es and mass transit service'. It is anti'ipated that a greater percentage of General Cow ,- .-rcial zoned property will be used for professiona' e office Several such developments are Cif Ce 1.XS @s existing within this area both within the city of Tigard and King City on SW Pacific ` Highway. The proposal osal is consistent pp policies _s of p p nt with applicable ol.�.cie the Comprehensive Plan set . forth in locational based criteria 12.1.1 for Medi atgh Density residential upon the following f in ings: a. The Comprehensive Plan requires that property proposed to be rezoned for Medium Haigh Density residential use not presently be designated for Low Density Residential development. .The properties, presently p ly zoned for Professional Office and General Commercial use. The Comprehensive Plan rea' -es that Medium High Density residential areas be buffered from low density residential aras Thrrw�tigh the site development review process � .. the, site can be buffered from the exist±t�g single family residential use west of tha vacant property. that Medium Ii h Density y residential Plan areas have accets to a major g � collector or artetiai street. The subject parcels have direct acceti4s to SW iU ".l. Mountain Road which collector street. The Pacific c i are i� a major col iF, properties also within 211 to 300 feet of Paci Highway which is classified as an arterial street, ST rr REPO The Comprehensive Plan reVires that Medium Density residential sites not have serioi s development limitations such as flood plains; excessively steep p (in o f��, slopes which drainage slopes In erc�.ss o ��j or P conditions. The site ha ., range from 8 to 15% but construction of smaller Tres residential structures is not expected to :squire as much . sate grading as compared with. l .rg r professional office structures CP 9t O 1/ ON O al NAT ib t HoRTC At • • , • e. The comprehensive Plan requires that existing facilities have the caPeCity for additional deg rie1cpitept o Essential public facilitieS are existing ner rby to serve fire development of the properties. Extension of utiiii6s will be necessary upon development of the site. .: , Service e and utility agencies have not Provided objections to extension of servie to thi s property for this chai ge in land ase type • f. The compi':shensive Plan requires that transit be available within one quarter mile of the property. Public transit is available within 300 feet on SW Pacific Highway. g'• The Comprehensive Plan requires that. Medi' * High Density residential properties be 1c a.ted within one-quarter *ial s. ors end services. mile of commercial The properties are adjacent to incidental commercial services at the adjoining Texaco Statj.on. The properties are also less than one quarter mile from commercial goods and services at the Canterbury Sq are. shopping Center. h. The Comprehensive Plan requires that the Medium High. Density residential sites be located within . one quarter mile of either Apra or public ,,vase permanent areas. The Park* and Trail open p aste�. Plan identifies this par City as a anent o�, eM ac � identifies part of the tar get area for futu re park sites There are no existin g parks within on e tile of the site.. The . . te Commurt �- requites that upon s �t I3��velo went Code development that a ' in.imum of 2�0 o. of Medium High Density residential, sites be developed with, landscaped areas. The. Code also requires that a minimum of 200 to 300 s Dare. feet of open space area a .; ea t. r each dw eli ing unit, be provided foreither � outdoor open space oar recreational facilities. In order to approve a quasi -jud�. . t� judicial am.�.ndaa�er�t to the Comprehensive � p Pointy 1..1 . states that, the Cite ns � �e Plan Ada 1 y t f t mus `� find that there �s evidence of a change in neighborhood or coMmunity which affects the subject parcel,. The planned land uses , it the adj oini q area has chan +ed Cosa to rehensive Plan Amen�ents Considerably due p previously enumerated in this report Due to the topography o the acan'.t site whi :h ranges from s to 15%, this speci i+a, lea is amore app "r" o for t W 0 iI 1 J ZO1 94 '0 0 0 1, fIATIi�3�,K"i4'� r M 1 •J • ti C a k1 ' smaller residential structure than larger office buildings. It is anticipated that less overall grading will be necessary to accomodate residentir;rt uses than commercial uses. Upon review no mistake can bt Said to have been, found.:.�� the original zoning designation. Instead, Comprehens::Ve Plan Amendments to ad j ping properties within th 4 Arai, construction of the Wellington Est ZteS Project and difficult site topography of the remaining parcels conflict with the current land use designations of the subject properties. DECISION Staff recommends that the l''aaning Commission recommend g at the City Council approve the relaltsted compre ans iv€ an Amendment for Washington t. `unby Tax Map properties 2$110AC, tax lots 01100 and 0120 from Ge.,..eral Commertyia1 and Professional Office respectively to Medium-High Density .. ng �Com: sion finds the Residential: � � 2'�. �',�ie Plana pis. ' "� • � that g l protote the enerallwelf areuof t. a City and will change 'Wl�. P g not be significantly detriM n a j loin to s ing land uses. Prep :red by Mark Roberts Assistant Planner Approved, by Dick Bever gaff senior Plsnner Date. Li bate STAFF T POR1; CPA 94- 0001 ` 0 94 oO0I N" 9,'1'3 O MO T+GAGB U. .t a y, # • 44-1 tiliaisraihatito 1111111111111111111, JIM 1161 g till!"11111111.7 = Magi 111101ildriliir, mei r'91 ' UV:4 an, wirs =no IR s4P Mg Irt • • X = NI ml MI MI 61.4 1;.,5 111111d ; 1.11111. 4...11111 III -lir PP.1 INA _Vitilinifirgiltt 111101.11 iks7friii111* 40441--- .6790 Ediffe", II" Fla It+At isdbrAvare rit 1111- SITE / / / / ✓ /� ,' / + , / ANDERSON :, // 4 -4:) / r — / J � ,r,, - / / / / / / 1' / C / / �,. ;' / / f ',, t t f / /,, C / / / / t / / ,i �/ // / �! ✓ ,, , / r ZONE + a 0o0 0 it ir w KEECH ASSOCIATES, 'PVC. Consulting Traffic Engineers 1225 N.W. Murray Blvd., Suite 206 ' =ortiand, Oregon 97229 -5552 • (503)641 -6333 F \X (503) 643 -8866 Marc ,h 3, 1994 Rick Givens (Fax: (603) 653- 9095) 6564 SE Lake Road Milwaukie, OR 97222 ir LI RE: Bull Mountain Road Near SW 116th Avenue Trip Ceneration Comparison • ` Rick: Attached h a trip generation comparison of a 4,57 acre site zoned for office' use with a proposed 93 -unit multi - family uses The proposed multi -family use would have a lower trip generation. ?-4 all cages, as compared to more general office use and the more intensive medical office use The peak hour multi-family - r h p p ur rates for the multi- #anti a ..e would be about out �,C3 percent of the g €•n. ral office use and less than 30 percent of the medical office use. In my opinion, this prr posed change would signif car y lower the potential trip generation to 40 percent of what, it could currently h 9 � ,y n o about 30 p p .... ntry he • assumption* that medial prof- ssionals' x _. . � -r ��� would find. Chas � x This is based on the � , location attractive bee ssu because of the nearness to l�inri City. x -; If you have any questions, please Sincerely, H AS ATE S, INC. 't ob rt Keech Engineer Refy ' 4.C1, • BULL MOUNTAIN ROAD NEAR SW 1' 16 'H AVENUE TRAFFIC GENERATION (AS ZONED) OFFICE- MEDICAL OFFICE- GENERAL PROJECT SITE TRAFFIC GENERATION Worksheet SITE NAME: Bull Mountain Road Near SW 116th Avenue SITE USE: Professional Office (General Office) (As Zone.)) SITE SIZE (A): 68,000 Square Feet(1) UNADJUSTED DAILY VEHICLE TRIP GENERATION RATE: 11.4tlKSlr ESTIMATED MODAL SPLIT: 00.0 ADJUSTED DAILY VEHICLE TRIP GENERATION RATE: 11.4 t /KSF PERCENTAGE OF TRIPS OCCURRING DURING AM PEAK: 16.0% PERCENTAGE OF TRIPS OCCURRING RRING Dl1RliVG PM EAR 13.2% TOTAL DAILY GENERATION: Alyl PEAK HOURLY GENERATION: AM.ENTER TRIP SPLIT: AM TRAFFIC VOLUME IN AM TRAFFIC VOLUME OUT PM PEAK HOURLY GENERATION .PM ENTEll TRIP SPLIT: PM TRAFFIC VOLUME IN PM TRAFFIC VOLUME ' OUT: 775.0 trips /hour .89 in/total 110.0' trips/hour y. 14.0 trips/hour', 102.0 trips /hour 15 in /total A . 15.0 trips /hour 87.0 'trips /hour, (1) 0.19 acres; 1/3 coverage KSF = 1,000 Square Feet Source: Trip Generation, 5th Edition, Institute of Transportation Engineers, Land Use Code 710 (General Office) PROJECT SITE TRAFFIC GEIVIERATI0N Worksheet SITE NAME Bull Mountain Road Near SW 11 6th Avenue As SITE USE: Apartments (1TE Land Use Code Proposed) SITE SIZE: 93 Units (1) UNADJUSTED DAILY VEHICLE TRIP GENERATION RATE• ,Q. ESTIMATED TRANSIT USE: 6.5 trps /n't ADJUSTED DAILY 0.0 LY VEHICLE TRIP GENERATION RATE: • TOTAL OT'AL DAILY GENERATED TRIPS: � trips/unit 6 ®50 trips/day PERCENTAGE OF TRIPS OCCURRING DURING AM PEAK: 7.9 % ..: AIVI PEAK HOURLY GENERATED TRIP': 48.0 trips /hour AM ENTER TRIP SPLIT: 0.17 ,�lkdfi�l AM TRAFFIC VOLUME IN: 8.0 trips/hour A)VI TRAFFIC VOLUME OUT: 4�t�� trps/hour . PERCENTAGE OF TRIPS OCCURRING DURING PM PEAK: PM PEAK HOURLY GENERATED TRIPS PM ENTER TRIP SPLIT: 59.0 tci s /�au�`.. . J. 6$ en /tpta! Pv TRAFFIC VOLUME IN 4 .0 trips /ho+ � � rPV "TRAFFIC VOLUME OUT: 19.0 Iriplhour: :•. < <... Source: 5th Edition "Trip Generation (ITEL, 19 1) (1) From t Ick_a 3 ivens Y- PROJECT SITE TRAFFIC GENERATION Worksheet SITE NAME: Bull Mountain Road Near SW 11 6th Avenue SITE USE: Professional Office (Medical) (As Zoned) SITE SIZE (A); 68,000 Square Feett1) UNADJUSTED DAILY VEHICLE TRIP GENERATION RATE:. 34 .0 t/KSF 00.0 34.0 i /KSF 7.9 % %� ESTIMATED MODAL SPLIT: ADJUSTED DAILY VEHICLE TRIP GENERATION RATE: PERCENTAGE OF TRIPS OCCURRING DURING AM PEAK: PERCENTAGE OF TRIPS OCCURRING DURING PM PEAK: 11,9% TOTAL DAILY GENERATION: 2,312,0 trips per day . AM PEAK HOURLY GENERATION: AM ENTER TRIP SPLIT: AM TRAFFIC VOLUME IN: AM TRAFFIC VOLUME OUT: PM PEAK HOURLY GENERATION: PM ENTER TRIP SPLIT: PM TRAFFIC VOLUME IN: PM TRAFFIC VOLUME OUT: 183.0 trips /hour .77 in /total 140.0 trips /hour 43.0 trips/hour 275.0 trips /hour .30 in /total 83.0 trios /hour 192.0 trips /hour (1) 4.67 acres; 1/3 coverage KSF = 1,000 Square Feet Source: Trip Generation, 5th Edition, Ipstitute of Transportation P sportataon Eh Land Use Code 720 (Medical Office Building) L ROWN & TRUESDELL Attorneys at Law One World Trade Center 121 S.W. Salmon, Suite 330 Portland, Oregon 97204 Post -ir Fax Note 7671 1 Date . .i AL I* 1.., To !�//yy 44. .r From a4 i /" . , IA Co. /Dept. �' a . Co. q . . .;41 Phone # Phone # ,. el.,. kfalipliMOICZVe IFax# 16, 1994 Mark Roberts City of Tigard Community Development Tigard City Hall 13125 S.W. Hall Boulevard Tigard, Oregon 97223 Re: File No. CPA 94- 0001 /ZON 94 °0001 RECEIVED JAN181994 COMMIbNl1Y ltt vELOPMEi4l Telephone: (503) 226- 3515 Facsimile; (503) 226.405''0 PcLL4'. 0.(2101 T, i t a 1.6 1-1.4)‘% ; sc.4 a t4 pitke,140.4 44)- -7e IN 1i wa,5 �2 (p vve,( vim✓` Y ''/ t<_ etif tair 14114.42... t, 14e_ ffee. applied e Dear Mr. Roberts, I last spoke to you on December 20th regarding the zoning application submitted by National Mortgage Company which resulted in the inadvertent rezoning of property belonging to Robert C Wyatt, Inc At that time, you told me that you or your staff had discovered that the legal description on the sheriff's deed in the application file refers only to the larger parcel, and does p y ,, not,. appear to apply to the smaller parcel (which is owned by Robert C. Wyatt, Inc.) You asked me to forward a copy of the certificate of redemption for our property, so you could see how the timing of that redemption fit into the timing of National Mortgage Company's application. As you can see from the enclosed certificate of redemption (dated July 25, 1994), the foreclosure sale took place on January 26, 1994 and we therefore had until July 26, 19 9 4 to redeem the ro.� ert In other words, National Mortgage Company was not p p' y. dS, entitled to the property until the six -month period of redemption had run. Nevertheless, National Mortgage Company filed its ,, .. rezoning on February on$J'une�14 and had aapplication zovec1 by the Tiard it. Council 1994, , 1994, six Weeks pp by Tigard City before they could have had legal title to the property. hope that this information will help to support our . t. rezoning of information smaller land parcel in National mortgage e ro � �s._rt�.on that the an s a licaton occurred � p �' pp ed prerilaturel.y. . . p Please let me know what .. you think, We �are `pre'` tired to go forward ' ,.y Page , 2 with the application Process if it becomes necessary to do so, but would hope that the fact Natioalal Mortgage Company did not have ownership of the pr' peirty at the time it submitted the application will be enough to void the rezoning of the small parcel. Thank you for your time a nd attention ion to this matter. Best regards, Jenefer Stenzel Grant. BROWN & TRUESDELL One World' Trade Center 121 S.W. Salmon, Su te, 3 Portland, Oregon 97204 (503) 226'3515 TO:4[J\;- X11 FROM: Tigard yianning Department RE: COMPREHENSIVE PLAN AMENDMENT CPA 94-0001 745NE CHANGE ZON 94-0001 NATIONAL MORTGAGE BUT.,E MOUNTAIN ROAD_ LOCATION: The south side of SW Bull Mountain Road, two and three parcels west of ti ° interoection of SW Bull Mountain Road and SW Pacific Highway. To amend the Comprehensive Plan Map and Zoning Map for two parcels which are currently designated Professional Commercial and. General Commercial to Medium --High density, residential with an R -25 zoning designation. APPLICABLE, REVIEW CRITERIA: Community. Development Code Chapters 18. , 18.32, 18.56, 18.62, and 18.64; 1, 2, 3, 4, 5,:6, 7, 8, 9, 11, and 12. ZONE: Comprehensive Plan , Sections Comprehensive Commercial) and C-G (General Commercial) The C-P zoning C -P (Professional Comm ec district is to provide for groups of businesses and offices in centers. The C-G zoning district provides sites for major retail goods and services. • statement for your review. From information supplied by various departments arm agencies and from other Attached is the Site Plan and applicant's information available to our staff, a report and rec.ona endation .will be prepar ed and a decision will be rendered on the proposal, in the near future. If you Irish to comment on this application, we need yot r comments by Mar. 21, 1994. You may use the space .provided below or attach a separate letter to returt% your comments. If ou are unable to respond,,_ bit _the above date please phone the staff contact . noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, .13125 SW Hall Blvd.., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no obje .ions to it Please contact Please refer to the enclosed letter Written Comments: of our ^iifice. Name of Person Commenting: Phone Number: fp- w 03/21/94 11.(i IP50373 8259 ODOT REGION 1 immimoommoin PROM: Tigard Planning Department DATE: March 9 994 a 001/001 RE; CSR H IV E • 4, CPA 9 0001 0 -k mIE JN 94 0QO�. N \"� R!T MM O I HMO DCATION« The south aide of 55,E Btu' 81loun�t4 ,n Roact, two and three parcels west of the 'intersection of SW sill Mountain Road and SW Pacific Highway. To amend the Comprehensive Plan Nap Glad Zoning Map for two parcels which are currently designated Professional Commercial and Genera, Commercial to Medium -High density residential with an R -25 zon r g designation. APPLXCDLE REVIEW CRITERIA: IA: Community Cozprehat:nsivG Plan Sections 1, 2, 4 g 5 2' 6, 7, 8, 9, 11, and 12. 1Z 6E, �veloprnent Code Chapters 18.22+x, 8 C-P (Professional Commercial) and C -G (General Commercial) : The C--P zoning '®t is tog provides of businesses and offices in centers. Provide for gga�apg The C-0 zoning district s :sites for major retail good ► and .services. Attached is the Site Plan and applicant's statement for your review,. ProAn information supplied by various departments and agencies and from otter information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to -coxin lent on this applicatiot, We need your comntents by 0 1994. You maY use the space provided below or attach a separate letter to return your comments. noted below with your Con molts and confirm your coommentohinwriting�as soon as If you are .unable to res n b the above date contact passible. If you have any questions re . you S g PHONEt 63 Tigard Plannstig Depar tm�en�c, 13125 S4�' Hall B�,ti�d�arTnarc�, this 97223. contact thp9 -41? 1 STAPP CONTACT: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it . Please contact Please refer to the enclosed letter. of our offi .ce 2 Written Com*nent�� ____2e2leddkalt I!4 4,r Na=me of Person Commenting: ..!. Phone Number: 44 'ii i st -t"a brand fax traleismittal memo 7671 apt. to fit m T FOR COMMENT'S DATE: March 9 1994 FROM: Tigard Planning Department RE: COMPREHENSIVE PLAN AMENDIMNT CPA 94 -0001 ZONE CHAN= ZON 94 -0001 NA FIONAL_MORTGAG�E /PULL MOUNTAIN R� LOCATION: The ntersect side of SW Bull two and three parcels west of the ie south . h Mountain Road, 1l !fountain Road and SW Pacific Highway. To amend the C:omprehensi`.e Plan Map and Zoning Map for two parcels which are currently designated Professional Commercial and General Commercial to Medium -High density residential with an R -25 zoning designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 13.56, 18.62, and 18.64; Comprehensive Plan Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12. ZONE: C -P (Professional Commercial) and C -G (General,MCommercial) The C -P zoning ses and offices in centers. {L district is to Provide for groups. of Y�usinefa The C -G zoning district provides sites or major retail goods and services Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rerderf d on the proposal in the near future. If you wish to comment on this applir;tticn, we need your comments by Mar. 91, 1994. You may use the space provided . " !. o - a separate letter to return your comments. . ; 1ow or attach Yf Lou_ are.; Finable tea respond by the.:above .date, please phone the staff contact If you have any questions regarding your comments in writing as soon as noted be1� .� with your comments. and confirm � the Tigard. possible. y y qu arding this matter, contact Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: '_33;+ PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Written Comments: or roe A Its p of our office. pia " lV/5/ ladic 'g" ,er ItA1 -, `Odai,.. MAIM 611I 8141-4 k„ ' 1.. Name of Person Commenting c 1 ,( �'1` , Phone Number: 150"' 14-Vort4tAt,it, CtatomEar A.44D AM L41t' 76 RUA/10E tiorE FROM: Tigard Planning Department RE: CCMPREHENS IVE�PLANN AMENDMENT CPA 04-0001 ZONE , CHANGE ZON 94-0001 NATIONAL MORTOAGE„/BULL MOUNTAIN ROAD LOCATION: The ° south side of SW Bull, Mountain Road, two and three parcels west of the intersection of SW Bt Mountaln Road and SW Pacific Highway. To amend the Comprehensive Plan Map and Zoning Map for two parcels which' are currently designated Professional Cc.;.;hercial and General Commercial to Medium -High density residential with an Rt -25 zoning de ai nation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.56, 18.62, and 10.64; Comprehensive Plan Sections 1, 2, 3, 4, 5, 6, 7, 8, '9, r11, and 12. ZONE: C_p (Professional Commercial) and C-G (General Commercial) The C-P zoning district is to provide or groups of businesses and offices in centers. • retail goods and The, C -G, zoning district provides sites for major rata services. Attached t Site Plan p statement ur rev information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared • near Mar. �s If you wish this application, we need your comments by f 2 1,r 1994 You may and a decision will be rendered on the proposed in the to comment on the use the space provided below or attach a separate letter to return' your comments. 1f ou are unable to res and b the above date. please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Departiasnt, 13125 SW Hall Blvd. , Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT : 4_VN r e PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY We have reviewed the proposal and have no objecta,ons to it. Please contact.._., of our office. Please refer to the enclosed letter. Written Comments: 4 ILA. tren MORI lux J mmogy FOR COWAENT5 DATE: P ?ia h 9 .1994 FROM: Tigard Planning Department 11E: COM REHENSIVE PLAN AMENDMENT CPA 94 -0001 ZONE CHANGE ZON MOUNTAIN I�IATZONAI, MORTGACEBBULL OUNTAIN ROAD LOCA,PX('N: The south side Of SW Bul Mountain Road, two and three parcels west the intersection of SW Bull Mountain Road and SW Pacific Highway. To amend the Comprehensive Plan Map and Zoning Map for two parcels which are currently designated Professional Commercial and General Commercial to Medium -High density residential with an R -25 zoning designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.56,;. 18.62, and 18.64; Comprehensive Plan Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12. ZONE C -P (Professional Commercial) and C -G (General Ca,tnercial.) The C-P zoning district is to provide for groups of businesses and offices in centevs. The C -G zoning district prov,des sites for major retail goods and services.` Attached . is the Site Plan and applicant's statement for your review, From • various departments and agencies and from other information supplied by var�o will , information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal n she near future. 1994. . If you wish decision � � � You may to comment on this application, we n ed your comments •our comments. use the space provided res below ond b attach the separate � please phone heystaf f contact letter �no du are unable your mmen s and confirm your comments in writing as soon as questions regarding Hated below with your cq possible. If you have any quests g•rding this matter, contact the Tigard Planning Department, 13125 SW Mall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT P A E CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed 'letter. Written Comments: Name of Person Commenting: Phone Number: r�� w zb: r!'ROM Tigard Planning Department RE: COMPREHENSIVE PLAN AMENDMENT CPA a 4 0001 ZONE u.:1:2NGE 2OON 94 0001 dATIONAL Road, , MORTGAGE two BULL MOUNTAIN ROAR LOCATION : The south side of SW . Bu l l West of the intersection of SW Bull Mountain Road and SW Pacific Highway. To amend the Comprehensive a Plan Map and Zoning Map for two parcels which are currently designated Professional Commercial and General Commercial to Medium- High density resa.dential with an R -25 zoning designation. APPLICABLE REVIEW CRITl',IA: Community Development Code Chapters 182,E 18 .32, 18.56, 10.62, and 18.64; Comprehensive Plan Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 1i, and X2. ZONE: C -P (Professional Commercial) and C: -G (General Commercial) The C -P zoning district is to provide for groups of businesses and offices in centers. The C -G z oning district provides sites for major retail goods and services. 10 'IP REJLAITJE FOR COMMENTS' DATE: ,,,y+tarch 9 1994 Attached is the Site Plan and applicpant s l,itatement, for, your a'eview. From information supplied by t, ,M from other • various departments s and agencies anti Ero inforl ation available to our staff, .a report aid re,,.ommendation will be prepared and a decision will be rendered on Lhe ro osa't, in 11 � he near future. If you wish p P to comment on this application, we need your comments by Maar. 21, 1994. You may use the space provided below or attach a separate letter to return your comments. unable to r�andtsy a �p�irm aou� staff soon If you are u writing as noted questions regarding contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. CPHONE: 639 - 4171. STAFF CONTACT: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: cV We have reviewed the proposal and have no objections to it Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone Number: >4 RARLiEST raa COMMENTS DATE: March ,9 1994. FROM: Ticzard Planing Department RE: Cr" ?REHENS E PLAN AMEND �xN ROAD 94 -0001 ZONE CHANGE ZON 94 0001. ��....�.. The south Bull Mountain Road, two and three arcels west�ofNthe intersection h side of Bu Mountain Road and SW Pacific Highway. To amend the Comprehensive Plan Map and Zoning Map for two parcels which are currently designated Professional Commercial and General ; Commercial to Medium-Sigh density residential with, an R-25 zoning designation. APPi I CABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.56, 18.62, and 18.64; Comprehensive Plan Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12. ZONE: C -P (Professional Commercial) and C -G (General Commercial) The. C -P zoning district is to provide for groups of businesses and offici+s in centers. The C -G zoning district provides, Bites for major retc '1 goods and services. Attached is the Site Plan and applicant's statements for your review. From information supplied by various departments and eigencies and from other information available to our staff a report and recommendation will ,be prepared decision and a rendered or the proposal in the near future. If you wish to comment on this application, we need your commenl`;s byi Mar. ?1, 1994. You may use the space provided below or at;,ach a separate letter to' return your comments. If you are unable to respond by the above date, please phone the staff contact noted be1ota with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: �,•'' We have reviewed the proposal and have no objections to it Please contact of a- -1r' office. Please refer to the enclosed letter, Written Comments: Name of Person Commenting: Pnoze Number: Planning Department Maintenance ance Services March 11 , 1994 Comprehensive Plan Amendment CPA 94 -0001 Zone Change ZON 94 -0001 ,, the ��intena�ce services Department Attached the cca.�ments �'ra�� tYa �� you have edareth in regards to the above referenced:' material- Division. g you may contact the appropriate questions, � John Re,Y1. extension 335 �,�� need to be taken into There are nuiaerous existing springs that drainage through this o the Storm consideration when designing Proiect- STREETS Bob White, extension 336 • current hosing and auartment With all the traffic a�aapact from tnar�_ this change should be developments along Highway 9'� ► g its current �ona.nq • refused and the property held for use within . PAS Floyd d Peoples, extension 340 Reviewed ° No problems with parks or gr eexnways . kdthy'l " `01.kk RL E_ E It COMMENTS . . DATE: March 9 1994 FROM: Tigard Planning Department RE: COMPREHENSIVE PLAN AMEVDMENT , CPA 94 -0001 ZONE CHANGE ZOO 94 -0001 NATIONAL MORTGAGE BUM,' MOU AIN ROAD LOCATION: The south side of SW Bull Mountain Road, two and three parcels west of the intersection of SW Bull Mountain Road and SW Pacific Highway. To amend the Comprehensive Plan Map Zoning Map for two parcels which designated Professional Cod Z density residential with 0 Commercial and General Commercial -High d an R -25 zoning designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chaptb 18.22, 18.32, 18.56, 18.62, and 18.64; Comprehensive 5, 6, 7, 8, 9, 11, and 12. ZONE: C -P (Professional Commercial). 1, C-G (General Commercial) The C -P zoning district is to provide for goups of businesses and offices in centers. The C -G zoning district ?rovides sites for major retail goods and services. Attached is the Site Plan and'app.icant's statement for your review. From information supplied b y various departments and a g encies and f rom other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the prcposal in the near future. If you wish to comment on this application, we need your comments by Mar. _21, 199;,. You may 7f use you ea unable to res balow or nd b attach the abase date ' please phone theys'Laf focontact .ed below w4 th your comments and cox= firm your comments in writs Sig" as soon as r1;4:3sible. If you have any questions Iligarding this matter, coiact the Tigard Planning Derartment, 13125 SW Fall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CbBJm CT: _Jq4LE11)141k PLEASE Cht t THE FOLLOWING ITEV5 THAT APPLY: W have reviewed the proposal ane have no objections to it. Please contact Please refer to the enclosed letter. Written Comments: of our office. %% Name of Pe`son Commenting :. Phone. NLYmbe�� 316 : _.. REsMOT FOR COMMENT DATE: Marc 9 FROM: Tigard Planning Department RE: CO; PREHENSIVE PLAN AMENDMENT CPA 94- 00.01 ' ZONT, f'I A *?C.'> Z071 94 -0 001 NA',rIONAUI�'T ®RTGAGE /BULL MOUNTAIN ROAD LOCATION: The sough side of SW Bull Mountain Road, w and three parcels west of the intersection of SW Bull Mountain Road and SW Pacific Highway. To amend the Comprehensive Plan Map and Zoning Map for. two parcels' which are currently designated Professional Medium-High density residential with, Cot�c►�rcz,al and General Commercial to I�te an R -25 zoning designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.56, 18.62, and 18.64;, Comprehensf ve Plan Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12. ZONE: C -P (Professional Conntnercial) and C-G (General Conmetw,ial) The C -P zoning district is to provide for groups of businesses and offices in centers. The 'C -G. zoning district provides .'sites for major retail goods and services. Attached is the Site Plan and applicant's statement for your review. From L,nllEormation supplied by various departments and agehcies and from other P� report recommendation will be prepared and a dec o ion will be t� rendered on Staff, the re rt and rec he proposal in the near future. If you wish to comment on this application, we need! your comments by Mar. 21, 1994. You may use the sp6,ce provided below or attach a separate letter' to return your comments. If vou are t`nab1e to res and b the above date please phone the „ staff contact noted below with your comments' and confirm your comments in writing as soon as possible. If, you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: R totitt1s PLE SE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections; to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: mliekmemmworwor • !k_ Name of Person Cotamenting: Phone Number: 4, TO: REQUEST FOR , COML. TTS DATE: March 9c 1 9.. FROM: Tigard Planning Department . �i and Pla RE: COMPREHENSIVE PLAN AMENDMENT CPA 94.0001 ZONE CHANGE E ZON 94 -0.001 NATIONAL MORTGAGE BULL MOUNTAIN ROAD LOCATION: The south side of SW Bull Mountain Road, fiegrwest SW Bull Mountain Road , •,► SW Pacific Highway. To amend the Comprehensive Plan Map and Zoning Map for two parcels which are currently designated Professional Commercial and General Commercial to Medium- -High' density residential with an R -25 zoning designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.56, 18.62, and 18.64; Comprehensive Plan Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12. ZONE: C -P (Professional Commercial) and C-G (General Commercial) The C -P zoning district is to provide for groups of b sinesse* and offices in centers. The'..0 -G *toning district provides sites for major retail goods and, services. Attached is the Site Plan ankl =applicant's statement for your review. From information supplied by varioiis departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision >will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments ray Mar. 21, 1994. You may use the space below or attach a separate letter to return your comments. If you are.unae tci.respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard y Y, v Planning Department, 13�.25 •SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have j eve no objections t o it. Please contact of otir office. Please refer to the enclosed letter. Written Comments Name of Person Commenting: Phone Number: 51 (4). . r s. LEGIBILITY STRIP RECEIVED PLANNING REQUEST FOR COMMENTS MAR 1 5 ` 1994 DATE: March 9 1994 FROM: Tigard Planning Department RE: COMPREHENSIVE PLAN AMENDMENT' CPA 94 -0001 ZONE CHANGE ZON94 -0001 NATIONAL 'MORTGAGE BULL MOUNTAIN' ROAD LOCATION: The south side of SW Bull Mountain Road two and three parcels west of 1-he intersection of SW Bull Mountain Road and SW Pacific Highway. To amend the Comprehensive Plan Map aid Zoning Map for two parcels which are currently designated Professional Commercial and General Commercial to Medium -High density residential with an R -25 zoning designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18 •,32, 18.56, 18.62, and 18.64; Comprehensive Plan Sections 1, 2, 3, 4, 5, 6,, 7, 8, 9, '11, and 12. ZONE: C -P (Professional `Commercial) and C ;G (General Commercial) The C -P zoning district is to provide for groups of businesses and offices in centers. The C -G zoning district provides sites for major retail goods and services. Attached is the Site Plan and applicant's statement fcr your review. From information suppliec', by various departments and agencies and from other information' available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, plcation, we need your comments by Mar. 21, 1999. You may use the space provided below or attach a se p arate letter to return your comments. noted below with your comments and confirm your please the staff contact If you are unable to ref and h the above date ease p writing as soon as y in ,writ possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125.3W Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY, X, We have reviewed the proposal arid have no abjections to it. Please contact o our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: at VitLSkAtle . Phone Number: 4320 s3 '" =1 S,_ � NOTICE0F PROPO .,rED Must be sent' to DLCD 45 days prior to the; final ho,trin See OA.R. 660- .i8 -02D Jurisdiction c:ITY OF TIGARD _. Date Mailed 3 -11 -94 Local File. Number CPA 94 -0001 ZON 94 -0001 �, Date Set for Final "tearing on Adoption MAY 24, 1994 Month Day Year Time and Place for Hearing :CITY OF TIGARD (TOWN HALL MEETING ROOM) 13125 SW HALL BLVD.,. TIGARD, OREGON .97223 _ V, Type of Proposed Action (Check all that apply) New Lanc use Land, Use XXX Phan amendment Regulation ulation Amendment Regulation Please complete Com lete (A) for Text Amendments and (B) for Map Amendments Su.ry and Furpose of Proposed. Action (write a brief 14► technic? description of r Avoid highly the' proposed Action.* A terms and stating "see attached °) N FOR TWO PROPERTIES O.ALLOW ME DMLHIGH -- AMEND THE COMPREHENSIVE PLAN r � • DENSITY RESIDENTIAL DEVELOPMENT WHICH IS 13 TO 25 DW�LLIN GS' PER ACRE E PROPERTY IS CURRENTLY DESIGNATED FOR' COMM R IAL P; •F 5 . "N L. RR i3 LY DFSITHETRESTAURANT EQIERAL AND 1S VACANT. THE OTHER PROPERTY.�S CU COMMERCIAL USE AND IS DEVELOPED WITH A RESTAURANT. HAS BEEN VACANT FOR SEVERAL .. For t a Fill 11 Amendments Fll Out the F ring ((For each area to F M be changed, provide a separate sheet if necessary. Do not use tax lot number alone.) - =�� .. Proposed ; Designation: Current Plan Desigi�atbonv', .,•;' • Plan COMMERCIAL PROFESSIONAL/ ' : 'ED1�UM/ °NIGH GENERAL, COMMERCIAL ` , '` _. Proposed Zone R -,5 Current `Zone: COMMERCIAL PROFESSIONAL/ GENERAL "C0MMERCIAL Location: TWO AND THREE PARCELS WEST OED THE INTERSECTION OF SW BULL ,MOUNTAIN" ROAD Ana 99W ,Acreage Involved, 4-67 ACRES Does t Change des N4 xXX his ' Include an x :.. es Please �„p : . For Resic3lential ••Chang �� eCl the Change: In Allowed Dens ity in Units ,.Per Net Acre_ Current Density_ . Proposed Density: WELLING UNITS PER NONE. �'� D ACRE • IC List •Statewide Goals Which May Apply, to the Proposal. 1, ' 10, 12 • List any Stake :e or Federal Agencies. Loo al, Government or Local Special Service Districts which may be interested; in or Impacted ..:b• the Proposal: ' •II • Direct Questions and Cowmen ERTS. $� To n� MARK ROB CITY OFTIGARD _-- 13125 SW HALL BLVD., TIGARD, O .EGON ,97223 (?bone) (503) 6394171 Please Attach Three (3) , Copies of the Proposal this Form ai ld Hail To Department of Land .Conservation and Development. 1175 Court Street,. ,N.E t�� � Salem, Oregon 97310- 01590 I f more copies of ,this form are needed,. • contact the • DLCD NOTE: LS -. .. his .form may be duplicated o }e green pap office at 3'�3µN005►�1, or t Y . Please be advised that, statutes require the '"text" of a propo sal to be description of the intended action is not grov�.ciet A roposel dlan and land use sego , p regulation ., be suf fic�.et�t. • Pr© used p . � amendments must. b slhe g sent to DLCD at east 45 days prior to the.find (See OAR 660-18-020). DLCD File Number 4tpa5 proptbsedfo m. * ' trt o•. COMPREHENSIVE PLAN A ENDME ' ! ZONE CHANGE APPLICATION � PACIFIC HIGHWAY BULL MOUNTAIN Iti�. & P Prepared by: o. Planning Resources, In COMPREHENSIVE PLAN AMFM D1 ZONE CHANGE API'L,IAT'IOi BULL MOUNTAIN RD. & PACIFIC HIGHWAI I. INTRODUCTION: This application seeks approval of a Comprehensive Plans Amendment and ` Zone Change for 4.67 acres of land located on Bull Mountain Road at its intersection with Highway 99W.' The subject property is described as Tax Lots 11 Map C. 1100 and 1200 of Assessor's 1VI a 2S110A Tax Lot 1200 is zoned C-P, Professional Commercial. Tax Lot 1100 is zcued CG, General Commercial. The applicant is requesting that the City's Medium -High Density Residential comprehensive plan designation be applied to both of these lots and that they be zoned R -25. This report has been prepared on the behalf of the owner /applicant, National Mortgage' Company. We will demonstrate that the proposed Comprehensive Plan Amendment and Zone Change are consistent with applicable States: ^ ;e Planning Goals and the policies of the City of Tigard Comprehensive. Plan, wad the applicable approval criteria of the City of Tigard Community Development Code. II. PHYSICAL FEATURES: The subject property is located at the foot of Bull Mountain. Bull Mountain Road forms the northerly boundary of this site, and a fr'intage road .long Pacific Highway forms the eastern border. aiming vegetation consists largely of open field, with ri few trees near Bull Moun- tain Road. The site slopes to the south and east with moderate grades predominantly less than ten percent. A vacant commercial structure is sited on Tax Lot 1100. This building was used in the past as a restaurant, but has been vacant for several years, Tax Lot 1200 is vacant. III. EXISTING LAND USE: parcel, i zoned General Commercial and is developed East: Tax .� _. ax Lot 1101, a .94 acre p ., p wi:,i, a service station and car wash. Across Pacific Highway properties are zoned for multi - family residential development. Not,'th: Christ the King Lutheran Church is located on the north side of Bull Mountain Road, across from the subject property. A single-family home and vacant residen- tial tial lot are also located an the north side of Bull Mountain Road, to the west of Lutheran Church. the subject R-25 and is presently in the West: The area to thr, west �;., bJect proper► is zoned ` r �.r Reg ntl plan review process for development cif an apartment project. This area was the subject of p Professional ercial to . a Comprehensive Flan Amendment from Probe +�omtn J_ Medium High Density Residential in 1992 (File No. CPA .920002 ON 92410024. • • South: Property to the south of this mite, at the intersection of Beef Bend Road and Ilacific Highway, is zoned R-40, Higil Density Residential. This parcel is developed wall the Wellington ton Estates apartment Helm Heights, ' g � partment complex. . a recently developed subdivision, is `located to the west of this apartment complex. Lots in this develop- ment are presently vacant. IV. PUBLIC FACILITIES: • • ry available to this site from two sewer lines. An eight A. Viewer. Sanitary sewer service is avails provides to thee. northerly portion of the inch sewer line in Bull Mountain Road prom Y site The southerly portion of the property will be served from an existing 8 inch sewer line located in an easement on the Wellington Estates apartment site to the south of the subject property, B. Water Service. Tigard Water District provid ls water service to the Bull Mountain area A twelve inch water main is located in the frontage road on the east bordei of property. existing Mountain Road along the street frontage this ro .The e:�istir� water line in Bull Mo of the subject property is six inches in size. C. Storm Sewer: ' • g this provided via roadside ditches along the ., drainage v�ded mentioned previously, the subject Storm drains a �n this area is ro frontage road parallel with Highway 99W. As men p y, property slopes to the southeast, towards King City. A storm water detention system may be required in order to limit the rate of runoff to p re- development levels and mitigate potential impacts upon downstream properties. The most likely means of accomplishing this detention etention w o u ld b e to an oversized rs storm pipe ipe in one portion of the on sit e system and, through th us of trie d outlet pipe, use this storage capacity in the pipe to detain storm water p eak rainfall periods. This issue would be addressed in detail at the time of development. D. p g. frontage. Its m Streets: Bull Mountain i Road is a paved two lane street. along th, intersection with Pacific Highway is fully signalized. Frontag e the project improvements to the t r roadway are planned to be installed at the time of development to improve Bull Mountain Road to full City standards. A second access point to the subject property it g along way . available from the frontage road aloe the eastern border of this site. This roe provides access to Beef Bend Road. F. Poli ce and Fire Protection: Police and fire p rotection are provided to the subject ct property by the City of Tigard. Service levels are adequate to meet the future needs of this rte for multi- family development. 'I. COMPLIANCE WITII TIGARD COMNYT,.INITY`DEV,ELOPMEN T CODE Chapter 18.22 of the Comrnunity}Develc pment Code . for the C ty: of Tigard. (the "Code") sets forth the applicable standards for amendments to the Comprehensive Plan Map and the Zoning DJJstrict Map. Specifically, Code Section 18.22.010 (Purpose) provides 'that: .' A. The purpose of this ,chapter( is to set forth the standard and propose governing legislative and quasi - judicial amendments to this title and the zoning district map. 5 ' B. Amendments may be necessary from time to time to reflect changing commtmity condi- tions, mistakes or address changes its the law. pa 89 -0 Mons, .needs and. � "rr+e.�s to correct Ord. 83-52) Code Section 18.22.049 (Quasi- Judicial Amendments and Standards for Making the Deci- sion) further provide: A. A recommendation or a decision to approve, approve with conditions or to deny an appli- cation q ' j ` ' t shall be based e n all of Ilse following standards: ' amendment catwn or uase• ud�cal amen 1. The applicable comprehensive plan policies and map designation 'and; the change will not adversely affect the health, safety and welfare of the community; The statewide pianni g goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgement of the comprehensive plan and ordinances; • The applicable standards of any provision of this code or other applicable, imple- menting ordinance; and 4 Evidence o chan e n the. hei Iiborhood cir cornmun ` f g 8 uy or a mistake nr 3ncoaas�sten in th a cot►t relienscve lan ar zones ma as' it. re . g p Isles to the p►per' whh is the stab ect o - thae develo meat .. J f p apphcattor4 (4nd. 84 �6; Cinr� 83 -s2 j pp p �seu riudin s. The a lication satisfies the Code's standards ursuant to Section • �18.22.04A fora quasi-judicial amendment to the Compre ensive Plan map t • p and cancurren *one 8 ne cyan a as follows. I. pp ation complies with tlae City of Tigard Comprehensive • P ( cussed to section. VH at_page 6 below 'o Phan olac�es das COMPLIANCE WITH COMPREI ENSI 'E PLAI++I` POI T- CIES), because the application,. compiies with and supports" applicable comprehensive plan policies and because it reflects +changes h i community cogni tions • an' p�res�.nt x eds for xnuiti • famil hou . y sing ' .. ii'. . n for sGndment of • �n tlti�s area The app cat�o the ('ram rehensive p Flan � ap and gone change ,from commercial to mtilti•fannly resider ial will enhance and not adverse ly affect the health, safety and welfare of the. cornnunity • Accordi°bgly' the standards Code Section 18.22.040A.1. have been satis[ied, The City of Tigard Coniprehevsive Plan and implementing ordinances have been acknowledged by LCDC and, therefore, the statewide planning goals adopted. under ORS Chapter `197 need not be specifically addressed. However, the application:: complies with the statewide planning goads (discussed in Section VI at page 5 below "COMPLIANCE WITH STATEWIDE PLANNING GOALS"). Accordingly, the stAndards of Code Section 18.22.040A.2. have been satisfied. The application complies with the applicable standards of the Code in the following particulars: (a) It complies with the Purpose statement under Section 18.22.010B of the Code as explained in paragraph 4 of this section below. (b)' The application is not coupled with a specific request for development and, accordingly, the _ Code's various devel- opment, approval standards need not be addressed by the application, but will be addressed at the time a specific development plan is proposed under Chapter 18.120 (Site Development Review) of the Code. Accordingly, the standards of Code Section 18.22.040A.3. have been satisfied. The proposed Co �npreh ' M • � ci�swe Plan Map and Zoning Map at endments are n{ tcessa � to reflect changing community condi- tons, nee urtd desires. Specifically, the con9xnercial designa- tion of the was never realized by commercial e subject property � y development due to the absence of an appropriate community need and other market conditions. At the same time, a commu- nity need and market for multi - family housing in this area :hae been C oidn e ntriefhe ed n sa ne PPprlaen se eMntaly p eaxinsd t sZ oThnine g p Matatep r n h as pf s .lhfand e d as f re oom n commercial to multi- fames. residential since the subject ct y � ,le groperty, was originally designated as commercial. The further specifics of� the changing community conditions and needs are more fully set "out in Se ction VII at page 7 b elow (COMP LIANCE WITH COMPREHENSIVE PLAN P'OLICY"/IMPLEMENTATION STRATEGY °II, page II-S). Accordingly, the standards of Code Section 18.22.040A14. have been satisfied. • • COMPLIANCE wiTH STA T O. IDE PLANNING GOALS: The following LCDC StFtewide i�lrinning Goals are applicable to this proposed Zone Change and i ensive Plan Arriendment Application; Goal #1: Citizen Involvement Po eF d n : The City's citizen involvement program includes opportunity for input ' citizens he CIT. Public notice of all hearings is from �nteres led citizens and t near provided in accordance with adopted City procedures. coal #2: Land Use Planning Propoed F nd n s: This goal is satisfied because the City app ie. s all relevant Statewide de . g Tigard Comprehensive Plan polices to the review Planning Goals and T�Qard p Zone Change proposals. of Comprehensive Plan Amendment and Z:on City procedures include pri vision for notification and comment from ,.. other units of government, including Washingtot County, the Oregon Department of Transportation, and the Department of Land Conser- vation and Development. Goal #9: Economy of the State • Pn osed Findings:, application will remove 4 67 acres of land from n the City's supply ° However, this land is not large of vacant commercial land. I�owever thi., amount of, compared to the total supply of such lands. Additionally, this property has been available for development since the adoption of the Compre- hensive Plan in 1980 and has had no interest expressed for develop- ment under the existing designation. The hillside' slopes on this property (8 to 15 percent grades) nia7:4 developmen' commercial uses this of comanerc� •_ se difficult. For this, reason, the conversion of this site to multi • have no multi- family residential use negative impact • upon Y will hav . ... the ne at�ve im act u n y-.... r Construction activities gelatin... to the develop- ment of Tigard or the State. 8. this ro z rt for - - P p � short-term construe . � residential use w�11, .. Ia add rho .. .. oc ment o or rest entia j.. positively the economy gh mr� lion jobs and will c►s�tiv��� affect conont through the need for building rnateri&s. _I • • Goal #10: Housing. Pp osedFs This g oral would increase the potential for providing adequate housing to meet projected needs in the City of Tigard. The proposed R -25 zoning would provide for a potential density of , development of about 93 units. 1 • The Metropolitan Housing Rule (G.A.R. 660 -07) interprets Goal 10 for the Portland Metropolitan Area This Rule requites that the City of Tigard maintain a vacant land inventory ;which averages 10 housing units per acre and maintains a 50 -50 mix of singe- family to multi- family development. According to staff, this requirement is currently stet by the City, but is very close. If the City is to have flexibility to consider Plan Amendment proposals from residential to other plan designations or from higher to lower residential designations, a cushion is needed whie.h will provide for continued compliance with this stand- ard. The proposed Plan Amendment will assist the City 4in its contin- ued compliance with the Metropolitan Housing Rine. Goal #11: Public Facilities and Services.. Propsed Findings: At issue under this Goal is whether the proposed multi - family residen- tial designation is consistent with the level of public facilities and seam- fees whirh ?re presently available t©, the site or which can be made available at the time of development. M disco"ssed in the preceding section of this report, adequate water, sanitary sewer, storm sewer, and transportation facilities can be made available to service the proposed R -25 zoning for this property. Thus, the proposal is consistent with the r,`rquirements of Goal 11. Goal #12: Transportation Proposed Findings: The designation of this site for Medium-High Density Residential development is consistent with Goal 12. Bull Mountain Road is a major collector street and is, thus, suited for providing access to R -25 zoned properties. The site is in close proximity to Pacific Highway, a ma j or arterial, and has quick access to shopping and employment areas. Tri-Met bus service is available at the intersection of Pacific High ay with Bull Mountain Road. VII. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES Fogg 1.1.2. Page; 11-7 The Comprehensive Plan and each of its elements shall be opened for amendments that consid- er compliance with the plans of the Metropolitan Service District (MSD) or its successor on an annual basis, and may be so amended or revised if deented necessary by the City `ty t~ouneil. Annual amendment and revision for corriplianae with the above regional goals, objectives and plans shall be consistent with any schedule or reopening o la . cal tans a approved by the Lad P y f of �'r� ,� Conservation and Development Cornrrtission (CDC). ,y I'- r. Thais provision is not to be construed as waiving any legal' rights" whieh the City may have to challenge the legality ofa regional goai objective, or planprovison. xo ` e1 Finder The proposed amendment is not related to regional oals and,, there- , fore, the annual review requirement is not applicable to this proposal.` r 1 nentatio e y ge. The Communey Dewelo P meat Code r C.�. C.) shall provide quasi- j adacaal changes s to the Comprehensive Plan Map which may be initiated by affected parties on a semi - annual basis end approved if the City Council finds: �. The change is consistent with applicable plan policies; '• A change e o f physical circumstances h as occurred since the orti inal`designctiori, or A mistake original land use designation. rstaJ�e was made in the o F_,=oposcd' Finding; The proposed Plan Map Amendment is being submitted in 'accordance with the City's schedule for semi- annual reviews. The consistency of this application with applicable policies of the comprehensive plan will be demonstrated in this section of this report. The applicant is not aware of any mistake in the original land use designation of this property. However, many changes have occurred in this area which N.� grant a change in the designation of this site. Specif- ically, the majority of those properties which hid been designated in the Plan for office commercial development, have been converted to designations �►� loping for residential multi-family residential d+esa nations and' are dote loping The most recent of these changes was the a ra ! of Plan 8 pP a P ,n,en_. ent /Zone Change to R -25 for the adjoining property the 8 6P P y to This change h� d the changing 3.19 acres of vacant 1 west. � affect of chin 3 �.� acr to a multi - family residential designation and leaving Tax Lot 1200 as an isolated site for office commercial .development. ,Additionally, the \Wellington Estates project was developed along the southern bound - ary of the subject property and introduced High Density Residential p this area of the city. A review of the Zoning .District development in � � .ty Map dated M a y 9,1983 (As revised November 1983) indicates ti at this . parcel also on rinahy designated C -P, Professional Office. Since that time, the City has amended 4 .�y m nded the ..Doing to R-40. The elimination of these adjacent sites`for potential office develop rlouS erodes the •ability of developing aid office park ei�ron- • nien se y . � , f e Anent in this area. The applicant's property which is zoned CG is less .y than five acres in size, is too, mall to attract this type of development in an area considerably removed from other office uses. The introduc- tim of apartment development to the west and on the Wellington Estates site has served to establish multi- fantily residential wb the appropriate land use in this area of the city. Policv x.1.1. Page III The City shall provide an opportunity for a dive) ty of housing densities and residential types at various pine and rent levels. Proposed Finding; See response onse un% ►' ,CIDC Goal designation of this site for P � multi-family .te,� owl 10 The d ide housing in the use would availability of afford•. ould increase the availabii g e city a would assist the City in continued compli- ance with the Metropolitan dousing Rule. 129121,12200_11-41 The City shall require as a pre - condition io development app eoval that: Development coincide with the availability of adequate L e1 vice capacity including: 1. Public watery 2, Public sewer shall be required or new dev o Anent within the city proper- ty l involved is over 300 feet from a sewer line and Washington ' unlesH the . f f s ungton bounty Health De- partment approval pproval f or a private disposal system is obtained; and 3. Storm Drainage • The' facilities are: 1. Capable of adequately serving all intervening prope -ties and the proposed develop- ment; and 2. Designed to City standards. c. All new development utilities to be placed underground. and F ?.t~ 1. Pape II-48 flue City shall require as a pre - condition to development that •r • The development be served by a water system. having adequate water pressure for fire protection purposes; . Ti ie development shall not reduce the water pressure in die area below a level adequate for fire protection des; and c. The applicable fire district review all applications. P—® osed FndgsinThese policies are satisfied becaase adequate public water, sewer, , p ' to serve potential dice services are available , storm sewer, fire and o thulti- family development on this site. The availability of all required t tilities has been addressed earlier in this report Polio .11. Pa eSS The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated Allure growth and development. Posed Find_ ids: This policy is met because the subject property has acce ss to the arte- rial street system via signalized intersections at Bull Mountain Road and Beef Bend Road. Additionally, the site has convenient access to TriMet bus service at the intersection of Pacific Highway and Bull Mountain Road. PoL4 8.2.2 a 1I - -58' The City shall encourage the expansion and use of public transit by a. Locating land intensive use in close proximity to transitways; b. ! vorporating provisions into the Community Development Code which require develop- merit proposals to provide transit facilities; and • Supporting efforts by 711-Met and other groups to provide for th tior disadvantaged. and needs of the trartsporta- Polley 9.1.1, Page 11-62 The City shall encourage a reduction 4 ._.. _ energy consumption . y sed Opportunities for in ere by increased enemy conservation and the production of energy from alternative, moves. . i s. The location of a land intensive use such Proposed Finding,. . � i� p g,_` as Medium -High h Dens, Residential in close proximity to the existing transit line on Pacific Highway is consistent with these policies: Access to transit will assist in reducing energy consumption by promoting ate; ►ative modes of ti 4 trarAspertation. Tri -Met Route 12 operates on Pacific Highway within 250 feet of the subject property. Route 12 provides weekday sere,ice on a 30 minute interval basis, providing excellent commuting opportu- nities to and from work in Tigard, Portland and Sherwood. ;, Po�l'e 9:1.x'. Page The City shall encourage land use development which emphasizes sound energy conservation, design and construction. Posed Findings: The subject Property is located on a south facing slope which affords opportunities for use of passive solar energy in the design of the future development. The designation of this site for multifamily develop- ment would allow the most efficient utilization of energy source. f i�'ey 12.1.1. Page ,1% The City shall provide for housing densities in accordance with: a. The applicable plan policies. b. The applicable locational criteria. c. The applicable Community. Development Code provisions. Proposed Findings: The applicable plan policies are discussed in this section of this report. The proposed R -25 zoning is consistent with these policies. The loca tional criteria for the Medium High Density Residential designation are discussed below. The future development of this site will be de- signed to comply with applicable Community Development Code provisions regarding density. Locational. 'riterion 3. Medium -FIigh Haigh Density Rese�lentia� Pace A. following factors will be the determinants of the areas designated for high density on The the plant map: (1) Areas which are not committed to low density development Pro posed Findin s: The subject property , is not located low density --_P � development, e� ,�c in an area. committed miffed to the e a. '. + discussed previously, abutting properties a west . As p ,�'� g p parties ao th and south are zoned for multi-family family residential use, as are properties to the east, across Highway 99W. Tax Lot 1101 is zoned C -G and is a service station. A church ch is "located across bull developed with Mountain Road from the subject property. 10 • (2) Areas which can be buffered from low density residential areas in order to maximize the privacy of established low density residential areas. Proposed Findin • As discussed above, surrounding properties are committed to multi- family residential and other non- residential uses. These a c tting properties serve to buffer this site from low density residential area3. (3) mamaorc collector or J Areas wlaici have direct access from major arterial street.` P o_„ used Frndin : This site has direct access from Bull Mountain Road, a designated major collector street. (4) Areas which are not subject to development limitations. Proposed Findings: The subject property is not located in a flood plain, area of high water table, or known geological hazard area The subject property is locat- ed on a moderate slope which should pose no limitations to the safe development of this site. (5). Areas wkere the exi ng facilities have the capacity for additional development Proposed F�ndndiinns As indicated earlier in this report, all necessary public facilities are available in adequate capacity to service the proposed Medium -High Density Residential development on the property. (6) Areas within one quarter mile of public transit. Proposed Finding Transit is immediately available to this site at the intersection of Bull Mountain Road and Pacific Highway. parking �rk� lot for the, Christ the King Lutheran Church at that intersection serves as a park and ride station. (7) Areas within one quarter mile from neighborhood and commercial shopping center or business and office flic. centers.. Proposed Findings: This property is located within on- quarter mile of shopping facilities in the Canterbury square shopping center to the north of this site. Addi- tionally, automobile zerv,ce and limited convenience items are avail- able from the Texaco site contiguous to the subject property. (8 ) Areas adjacent to either private or public tmarent open Space. Po Pp o sed i Fn s°. There is 110 public or private open s pacein the immediatev cini this site Open space can be provided on -site in developing the site plan for the future multi-fa m ly development, VIII. CON CLUSION The proposed amendments to the Plan Map anal Zoning Map '►re necessary to tweet changes in community conditions, needs and desires by providing affordable housing within close proximity to public transit and supportive retail services All necessary public facilities and services are available to serve the ro osed Medium-High Density designation. P, p � � '� The pp g � proposed R -25 zoning will allow for greater energy conservation and will provide needed g specific Medium-High Density affordable housing. The s civic locational criteria. for the 1Wiediurn► � h Densi designa- tion list eight factors to be considered in siting this lard use The subject' site complies with all of these factors. The proposed 'Plan Map Amendment and Zone Change have been demonstrated to be .� .._ l criteria corttained in the City of Tigard Communi- ty with the purpose and approval core Develo Development Code for applications. Further, the application ty p ,, thee. review ©f' zone change PP has been demonstrated to conform with applicable Statewide Planning Goals and policies of the Tigard C;ot prehensive Plan. Thus, this application complies with all relevant criteria and approval is hereby requested. JJ KEECH ASSOCIATES, INC Consulting Traffic Engineers 1225 N.W. Murray Blvd., Suite 206 Portland, Orogon 97229 -5552 • (503)641 -6333 FAX (503)643 -8866 March 3, 1994 Rick Givens (Fax: (503) 653-- -9095) 6564 SE Lake Road Milwaukee, OR 97222 .r RE Bull Mountain Road Near SW 116th Avenue - Trip Generation Comparison Rick: Attached is a trip generation comparison of a 4,67 acre site zoned for office use with a proposed 93 -unit multi-family use The proposed multi - family use would have a lower trip generation in all cases, as compared to more general office use and the more intensive medicyal office use. The peak hour rates for the multi-family p nt of the be about 5Q percent general . �. al offace use would g use and less than 30 percent of the medical office use In my opinion, this proposed change would significantly lower the potential trip generation to about 30 to 40 percent of what it could currently be used for I. p • assumption that medical professionals would find This 1S based on the location attractive because of the nearness to King City. any questions, please If you au have an. calls Sincerely, HAS IATES, INC. cb - rt Keech, P. Engineer Ref': 94.008 LL MOUNTAIN ROAD; NEAR -S 1 TRAFFIC °GENERATIO (AS ZONED) OFFICE- MVMEDICAL 140 T/H 43 T/H 183 T/H OFFICE - GENERAL 110 T/H 14 T/H 124 T/H PM OFFICE - MEDICAL 83 T/H 192 T/H 275 T/H OFFICE- GENERAL 15 T/H 87 T/H 102 T/H TRAFFIC GENERATION (AS PROPOSED) Jr( w l {' PROJECT SITE TRAFFIC GENERATION Worksheet SITE NAME:: Bull Mout,Itain Road Near SVV 116th Avenue SITE USE: Professional Office (General Of/ice) (As Zoned) SITE SIZE (A): 68, 000 Square Feet(1) UNADJUSTED DAILY VEHICLE TRIP GENERATION RATE: 11.4 t1KSF' ESTIMATED MODAL SPLIT: 00.0 ADJUSTED DAILY VEHICLE TRIP G,ENERATION RATE: 11 w4 t /KSF PERCENTAGE OF TRIPS OCCURRING DURING AM PEAK: 16.0 %0 PERCENTAGE OF TRIP& OCCURRING' DURING PM PEAK: 13.2% s per da TOTAL DAILY GENERATION: 775.0 trips AM PEAK HOURLY GENERATION: AM ENTER TRIP SPLIT: AM TRAFFIC VOLUME IN: AM TRAFFIC VOLUME OUT: PM PEAK HOURLY GENERATION: PM ENTER TRIP SPLIT: PM TRAFFIC VOLUME IN: PM TRAFFIC VOLUME OUT: 775.0 trips /hour .89 in /total 110.0 trips/hour 14.0 trips /hour 102.0 trips /hour .15 in /total 15.0 trips /hour 87.0 trips/hour (1) 3.19 acres; 1/3 coverage KSF = 1,0.3 Square Feet Source: Trip Generation, 5th Edition, Institute of Trainsportatian Engineers, 1p9 Land Use Code 710 ( General Office) a; PROJECT SITE TRAFFIC GEIVERATIO Worksheet ITE NAME Bull Mountain Road Near SW 116th Avenue (As Proposed) SITE USE; SITE SIZE: Apartments (1TE Land' Use Code 220.) 93 Units (1) UNADJUSTED DAILY VEHICLE TRIP GENERATION RATE: ESTIMATED TRANSIT USE: ADJUSTED .DAILY VEHICI;.E TRIP GENERATION RATE: TOTAL DAILY GENERATED TRIPS: PERCENTAGE OF TRIPS OCCURRING DURING AM M PEAK;: AM PEAK HOURLY GENERATED TRIPS: AM ENTER TRIP SPLIT: AM TRAFFIC VOLUME IN: AM TRAFFIC VOLUME OUT: PERCENTAGE OP TRIPS OCCURRING DURING PM PEAK HOURLY GENERATED TRIPS: PM PEAK: PM ENTER TRIP SPLIT: PM TRAFFIC VOLUME IN: PM YRAFFIC VOLUME OUT: r Edition "Tri Generation" (ITE, 199 1) 5th Edi • p 1 ) (1) From Rick Givens 6.5 trips /unit 0.0 6.5 trips /unit • 605.0 trips /day . 7.9 o, Y 48.0 trips /hour, 0.17 in /total 840 trips /hour 40.0 trips /hour 9.7 % 59.0 trips /hour 0.68 in /total 40.0 .trips /hour 19.0 trip /hour: n• c t 1t PROJECT SITE TRAFFIC GENEI ATIQN • 1 for lcshe+et , SITE NAME: Bull Mountain Road Neary SW 116th Avenue SITE USE: Professional Office (Medical) (As Zoned) SITE SIZE (A): 68,000 Square Feet(1) UNADJUSTED DAILY VEHICLE TRIP GENERATION RATE: 34.0 tIKSF ESTIMATED MODAL SPLIT: � 00.0 ADJUSTED DAILY VEHICLE TRIP GENERATION RATE 34.0 thKSF PERCENTAGE OF TRIPS OCCURRING DURING AM PEAK: 7.9 % PERCENTAGE OF TRIPS OCCURRING DURING PM PEAK: 11.9% TOTAL DAILY GENERATION: 2,312.0 trips per day: AM PEAK HOURLY GENERATION: AM ENTER TRIP SPLIT: AM TRAFFIC VOLUME IN: AM TRAFFIC VOLUME OUT: PM PEAK HOURLY GENERATION: PM ENTER TRIP SPLIT: PM TRAFFIC VOLUME IN: PM TRAFFIC VOLUME OUT 183.0 trips /hour .77 in /total 140.0 trips /hour 43.0 trips /hour 275.0 trips /hour .30 in/total 83.0 trips /hour 192.0 trips/hour (1) 4.67 acres; /3 coverage KSF = 1 ,000 Square Feet Source: Tri Generation, 5th Edition, Institute of Transportation Engineers, 1991 Land Use Code 720 (Medical Office Building) • CITY OF TIGARD, OREGON ORDINAUCE NO. :94- AN ` ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY THE NATIONAL MORTGAGE COMPANY (CPA 94- 0001, ZON 94- 0001). WHEREAS, the applicant has requested a Comprehensive Plan and Zone Change Amendments from Commercial Professional to Medium High Density residential, R -25, for a ;4.13 acre parcel (WCTM 2S11OAC, tax lot 1100) and a 53 acre parcel from General Commercial (WCTM 2S110AC, tax lot 1200) to Medium High Density residential, R-'25. WHEREAS, the Planning Commission held a public hearing on April 18, 1994 and concurred with the , Planning Division's recommendation for approval; and WSNREAS, the Tigard City Council held a public hearing, on the request June 14, 1994 to review the applicants proposal, the staff pre upoo :. .r. c t the Planning Commission recommendation and to receive testimony. THE CITY OF TIGARD ORDAINS AS FOLLOWS: proposal relevant criteria SECTION 3.. c. findings, based upon oathe sfacts, consistent and conclusions noted facts, g in the attached final order and Exhibit A SECTION 2: The City Council concurs with the Planning Commission and approves the request to redesignate recommendations ate th arcelsillustrated on the attached map, identified as Exhibit "A with a Comprehensive ve Plan designation at on of Medium High Density residential and R -25 zoning . SECTION 3: This ordinance shall be effective 30 0 da hs after its passage by the City council, approval. byte Mayor, d posting by the City recorder. ORDINANCE No. 94 . Page 1 ti PASSE: By t1) lZ CLIj r b vote Of all Council 'members present after being read by ntimber and title only, this /A./ oil day of n .c,. , 1994. Catherine Wheatley, C• y Recorder APPROVED: 3'his .,_ __._. day of 1994. Approved as to form: i 'Atto?` l Robert Keech Associates, Inc. Consulting Traffic Engineer 1225 NW Murray Blvd. Suite 206 Portland, OR 97229 (503) 641.633 BULL MOUNTAIN ROAD, NEAR PACIFIC HIGHWAY TRAFFIC ANALYSE REPORT April 16, 1994 Table of Contents Traffic Analysis Outline 'Traffic Analysis Report Appendix A - Vicinity Map Appendix B - Sits: '+ affc Generation Appendix C Site Traffic Distribution Appendix D - Site Traffic Assignment Appendix E Existing Traffic Flow Appendix F - TrrAffic Growth Appendix G intersection Analysis Appendix H Site Layout rrouiri s Estimation of Trip Genera ion Existing Site Traffic Projections Intelr8ection An atya Introduction: This report examines a proposed zoning request that would allow 93 units of multi -felm ly housing„ ThP *;urrent zoning allows for about 13F8,000 square feet of professional offic a use. The site is located south of Bull Mountain near the Intersection Pacific Highway. onto Road, Mountain Intersection hway. Once driveway An of Pacific i • assumed. A detailed site plan has not been prepared. Bull � Mountain Road is p Area of Analysis: This report investigates Bull Mountain Road from McFarland land: Boulevard to Pacific Highway. Circulation Alternatives Only direct access to y Bull lVlouhtan Road was revievvad. 1 d 1 1 1 1 1 1 BULL MOUNTAIN R bAD NEAR PACIFIC HIGHW4 Findings: The existing traffic flow within the study a.ea is summarized in Table A. TABLE A. EXISTING TRAFFIC FLOW (1) STREET Bull Mountain Road AM PEAK HOUR' 586 vehicles /Hour McFarland Boulevard 45 Vehicles /Hour 2,580 Vehicles /Hour Pacific Highway .11■.1 ( 1) Two -way traffic flow r PM PEAK HOUR 725 Vehicles /Hour 51 Vehicles /Hour 3,520 Vehicles /Hour The trip generation multi- family use of the site is eneratc�n for the proposed ends per day (93 multi - family units). This can be estimated at about 605 trip p Y compared to an estimated 1, 544 trip ends per a trip h r ia'ay under the existing zoning of 68,000 square feet of mixed professional and medical office use. All the intersections within analysis currently operate at an rn the area of an al s acceptable Level el cf Service (LOS', '4D" or better. It is anticipated that under Total Traffic conditions (existing + site +future traffic growth) will not drop the limits. The left turn traffic out of the propo sed LOS to unacceptable ite, the p ed� movement most subject to delay, would' operate at a "B" LOS with a minimal 2 to 6 vehicles per hour. Bull IVlounta n Road at Pacific Highway currently eech Associates, Int 7 Bull Mountain Road approach moderate the impact of the site, generate traf Either site use would'.g,�snerate sufficient left turn traffic into the site Yfr Bull Mountain Road to warrant a left turn refuge on Bull Mountain Read. The traffic impact of the proposed zoning change would be less than that which would occur under existing zoning. Ample capacity is available for either zoning. Consideration should`, be given to providing a left turn refuge on Bull Mountain Road. This should be reviewed in more detail during the design phase of this project. Robert Keech, P.E. Traffic Engineer P.E. #8822 t. LEGIBILITY STRIP BEAVERTON HILLS WOODSTO RESIDENTIAL b o, I w d SITE NAME SITE .USE: SITE SIZE: Bull Mountain Road Near SW r116th Avenue (As Proposed) .' A artments SITE Land Use Code :220) 93 Units (1). UNADJUSTED DAILY VEHICLE TRIP GENERATION RAT ESTIMATED M TRANSIT USE: ADJUSTED DAILY VEHICLE TRIP GENERATION RATE: TOTAL DAILY GENERATED TRIPS: PERCENTAGE OF TRIPS OCCURRING DURING AM PEAK: AM PEAK HOURLY GENERATED TRIPS: AM ENTER TRIP SPLIT: AM TRAFFIC VOLUME IN AM TRAFFIC VOLUME OUT: gips /unr 6.5 trips /unit 605.0 trips/day 7.9 48.0 0.1 8.0 40.0 PERCENTAGE OF TRIPS OCCURRING DURING PM PEAK: 9.7 PM PEAK HO URLY GENERATED TRIPS: 590 PM ENTER TRIP SPLIT: 0.6 PM TRAFFIC VOLUME IN 40.0 PM TRAFFIC VOLUME 01", IT: 19.0 trips/hour 7 in/total trips/hour trips/hour Trip " 1991) Source: 5th Edition "Tri Generation" (ITE, 1991 (1) From Rick Givens trips/hour 8 in /total trips/hour trips/hour 1. . • r d • • f PROJE TWFI Iokshot NANE: gull Mountain `Road. Tar SW ;116th' Avenue Professional Office (General Office )" (As Zoned) SITE SIZE (A ): 68,000 Square Feet(1) UNADJUSTED DAILY VEHICLE; TRIP GENERATION I A7 ESTIMATED MODAL SPLIT: ADJUSTED DAILY, VEHICLE TRIP GENERA'' 'O RATE PERCENTAGE CIF TRIPS OCCURRING DURING AM PEA PERCENTAGE OF TRIPS OCCURRING DURING PM PEA TOTAL DAILY GENERATION: AM PEAK HOURLY GENERATION: AM ENTER TRIP SPLIT: AM TRAFFIC VOLUME IN: AM TRAFFIC VOLUME OUT: PM PEAK HOURLY GENERATION: PM ENTER TRIP SPLIT: P'M TRAFFIC VOLUME IN: PM TRAFFIC VOLUME OUT: 4 t/KSF 11.4 i /KSF; 16.096 13.296 . '75.0 trips per day 775.0 trips/hour 68 in/total 110.0 tripsIheur 14.0 trips /hour 102,0 trips /hour' .15 in /total 115.0 trips/hour 87.0 trips /hour (1) 3.19 acres; 1/3 coverage KSF = 1,000 Square Feet Generation, 5th Edition, Institute of 199`1 Source:. Trip Gener f 1'r .. ar�sPortation° Engineers Land Use Code 710 (General Office) 1 SITE SAME SITE lea : SITE SIZE 'Or kshe Bull tgountain Road 'Near `S ti rofessiof a Office : (Medical) ): 68,000 Square Feet(1) As ne U 'ADJUSTED DAILY VEHICLE TRIP GENERATIC ESTIMATED MODAL SPLIT': ADJUSTED DAILY VEHICLE TRIP GENERATION PERCENTAGE OF TRIPS OCCURRING DURING AM PERCENTAGE OF TRIPS OCCURRING DURING !?M TOTAL DAILY GENERATION: AM PEAK HOURLY GENERATION: AM ENTER TRIP SPLIT AM TRAFFIC VOLUME IN AM TRAFFIC VOLUME OUT: PM PEAK HOURLY GENERATION: PM ENTER TRIP SPLIT: PM TRAFFIC VOLUME IN PM TRAFFIC VOLUME OUT venue 01 PEAK: 7R.'9G PEAK: 11.9% 2,312.0 trips per day 183.9 trips/hour . 77 in/total 40.0 trips/hou, r 43.0 trips /hour 2750+ trips, /hour 30 in /total 83.0 trips/hour 192.0 trips /hour (1) 4.67 acres; 113 covey age KSF 1,000 Square Feet Source: Trip Generation, 5th Edition, Institute o'if Transportation Engineers, 1991, Land Use Code 720 (Medical Office Building) 4. LEGIBILITY STRIP Site traffic distribution for �rlrnary ffic flows and general land use patterns LEGIBILITY STRIP ASSOCIATS I\C AE 5 NR i22CONSULTING NW MURRAY BLVD, PORTLAND OR 97229 � 641-6333 Bull Min Road near Paci.flc Highway GONSULTi�fG�OFFCTENINEER G, . 1225 NW MURRAY BLVD. PORTLAND OR 97229 1503I 641-6333 Bull Mtrt Road near Pacific Highway t sat As etuo 146/45t LEGIBILITY STRIP ® - ! S Sill ® I MIN IDE N - S ® 11151 ® III. Nita Erin \obert (CR ON SLIASSCCIATS �IC �IIC E ' 1225 KW HURRAY BLVD, PORTLAND OR 97229 X5031 641-6333 Bull: Mtn Road neap pacific Highway L GIBILflY STRIP Hobert CO\SULTING E��I 1225 NW MUftRAY' BLVD. PORTLAND OR 97249 1503C 641-6333 duff �,�:fn Road near Pacific Highway LEGIBILITY STRIP CONSULTING �A� G,INE�� 1225 NW MURRAY BLVD,, PORTLAND, OR 97229 15031 t341-6333 Bull= Mtn load near pacific Highway -1 5 rIE TrtA,Fz Asssi,ta,M.ea T As Zoo,t oit PIA PeAk4.-- AN At. 'At_ +N1� -► r42 \ �1I-► r K. At trio 1-24 � -� E 3., Q X14 4- � Z. ET CL raj LEGIBILITY STRIP xisting traffic flow ias measured March an ■ a. LEGIBILIr 3TRIP t a . III Sill ON nil Ile MI Mill KISS SIN SIMI IIIII Kill !NIB Cal VIII, III CONSULTING JTRAFF���NG�INE 1225 NW MURRAY BLUR. PQRTLA�i� OR 97229 X5031 ���-633: uul1 Mtn Road near Pacific Highway --rfaArcirt._ Fttlw 4414 374 'h , `i 53 T , • —s c 1T +1tr► 4 44(a -.. Bull Mtn Rood 418 t_ t4 4- 153 • 5% 0.404 ,9) 1 6 1 -J c • INTERSECTION TURN MOVEMENT COUNT SUMMARY REPORT BULL MOUNTAIN ` ROAD AT HIGHWAY 99W (COMPOSITE) T. 7% P =.907 N 1998 • O !1901 R 98 900 0 H 4 -153 374 `L0 T= 1.6% P =.832 536 -► 55 1527 0 Peak Hour ,�y I1( 2 • 07,:20 -08:20 Traffic Smithy ' 11582 = Survey Service 1- 3 0� �' =• .848 1582 TEV- 32.16. Traffic S� EAST BOUND SOUTH BOUND NORTH BOUND WEST' FOUND TIME PERIOD i �, 4_ FROM - TO 4' ALL 06:45 -06:50 6 0 10 3 55 0 3 107 0 0 0 0 184 06:50-06:55 5 0 20 4 63 0 4 95 0 0 0 0 191 06:55 -07:00 7 0 28 4 50 0 6 91 0 0 0 0 186 07:00 -07:05 6 0 23 9 65 0 1 85 0 0 0 0 189 07:05 -07:10 16 0 28 9 69 0 9 88 0 0 0 0 219 07:10 -07:15 8 5 43 8 81 0 3 94 0 0 0 0 242 07:15-07:20 0 0 244 07:20 -07:25 12 0 21 6 94 0 3 1366 0 0 0 0 266 07:25-07:30 14 0 35 7 64 0 10 112 0 0 0 0 242 07 :30 -07:35 16 0 18 20 65 0 6 151 0 0 • . 30 0 0 276 07 :35- .07 :40 11 0 30 4 73 0 5 123 0 0 0 0 246 07:40 -07:45 21 0 41 5 91 0 1 152 0 0 0 0 311 07:50-07:55 23 r 0 309 36 6 82 0 9 153 0 0 0 0 282 07:45-07:50 11 0 29 4 87 0 1 150 0 0 0 07:55 -08:00 R 0 35 3 61 0 7 113 0 0 0 0 227 08:00-08:05 17 0 22 15 64 0 3 107 0 0 0 0 228 08:05 -08:10 9 0 26 6 92 0 5 94 0 0 0 0 232 08:10-08:15 13 0 33 11 51 0 3 113 0 0 0, 0 224 08:15 -08:20 7 0 44 10 87 0 2 123 0 0 0 0 273 08 :20- 08:25 7 0 23 8 63 0 5 138 0 0 0 0 244 08:25 -08:30 7 0 39 7 69 0 8 98 0 0 0 0 228 08:30 -08:35 9 0 17 20 90 0 6 115 0 0 0 0 257 08:35 -08:40 7 0 15 15 62 0 9 83 0 0 0 0 .151 08 :40 -08:45 6 0 12 14 69 0 2 89 0 0 0 0 192 0 162 v T p=0. DATE OF COUNT: 3/31&4/13/94 DAY OF WEEK: Th&W TIME STARTED: 06:45 TIME ENDED: 08:45 TEV =TOThL ENTRY VOLUME T = %TROCKS BY APPROACH P=PHF X33 YK' APPROACH 'Y .74 0 .88 .72 .87 0" .65 .84 0 0 0 0 .863 63 Total Sure 252 5 653 205 1730 0 116 2722 0 0 0 0 56 a 0 0 0 0 a �� Trucks 2.4 20 1.2 7.8 6.9 0 6: 3.6 Stopped Buses 0 0 0 0 0 0 ____ Peds 0 0 �' 6 0 0' 0 0 0 HourlyTotal8 86 2796 06:45-07:45 128 5 322 ; 6 853 0 56 1346 0 0 0 0 07:00 -08 :00 152 5 364 EIS 915 0 60 1469 0 0 0 0 3053 07:15-08:15 0 351 51 901 0 58 1516 0 0 0 0 3081 15x. 0 376 99 885 0 55 1515 0 0 0 0 3080 :.:07:30 08:30 15C�� 0. 0 87 07:45-08:45 124 0 Q 331 119 877 0 60 13 76 0 4-14-1 II I o e• CO O °Or. CO MCVN (011 w II II �► i in 11 1002Nt••011)14o0m 1 N%D.0031M1- 10l0%S) 00031.w NC•10)%14, 1LC)1nLn10111 ndtdtlndtdtWLOWCr)<-: '':"iM Or- 100r1Or- 11-10Or rir-l0r-- 5.00NNOOINNN NLAO1t- Nr1H0101NNtnko Nornntt-NCc)ciplvr (111.-1 e-I r-i:N ri r-{ Nrl ri r tnr'i rit -iUD03C NCO • Snrir4ot' r1tivM = IntaW1Dtt) rl • COlD .r-4O0 LOP- CO CON 1�. CONW0r! sltriIndtd! Mt' • r- CIttir di %tom rirlr'lr —tr-^I 000000 000000000000000L,00 QO 0oo0011 00000 c00000000000Q:"" JOOO0000:oC? oo0Q0 00000 000000000000000000000000 00000. 0 000 000000 000000000000000000 00000 0000.0 rloONdtovcv 1Nl0Nr-Ir-iewvit'3NingeNOr-1 I mcncnoo toovctt tt] l`• m Ch =1 C •.e J ©00000000000ot''r?0 0000 00 00000 00000 000001--:001-1.N00000000000000 d4uunoo Ttdt:cll X10 00000000000000000.0r-I00000 r1 000 000rlri CSIVIIITMoCDQ1NNwitdICNC oLnw(Y101OltNu- )r1Ne -1 NNNCYid RICill+MNMMMtd)MNM.ft)sttCsi01 00000 00000 000 00000000000 ;1oeMOO rim koO tD O - -1dtdld`M oLnoutomoLC1omo111oinoiftOU)OL 1- omosIn UlLnoor -ir1NNMMdial'InLn0Or- 1r1NNmm 4 0 Y• •. ,•'.. •• •f•• ••.. .1 !• .. Of ••.. .. .• .• .. 48 .• .. 00:10 tlskoNNNC' r-Nr -i,,N - �hODCOW00C11cOCoCOcoo3 000000000v00000000000000 1 1 1 1 l i 1 I I I I 1 1 1 1 .1 11 1 I i I 1 InO1 notno1110 1noLnotnolnomo111oin o1no dtill lno0rle- lNNPun in rnd+ •• a• •• -•• •. .. •• .• •e •• ••:•• .s -•. .• •• •� •..,.• ,c :s. -0000• .. tatotoNNE.- c- Nh t r- co co co cocOCOaDoco 000000000000000000oo00oo Ij 1h it- iLn01%1011) O TO PC-4:0030300 ...WES 00000 r1 p rr tf101il011a 2.r , - OrIM fa O .1-113) Q'.OX N N� N OPClAi 00.00, LEGIBILITY STRIP SSOC C. CONSULTING TRAFFIC ENINEER 1225 N I MURRAY BLVD, PORTLAND OR 97229 (5031 641-6333 u[L Mtn Road near Pacific Highway a) sr I F F Flow o Pml PG v- -}ovCa- 0 sci •t a 9 4-1-41F4 IF +144 NF -� 41-431 tin -• ` ea 0 '4:4 a 2.5c . CL N �l,M.•.trJa':'<: �.V:M1 aAiLY+.`:n nYJ,F:a:4:.1.55�" bl!7iY <:1r.L�.MIt,�•`•rt3 1 INTERSECTION TURN MOVEMENT' . CUNT S 3M4M Y raiN5Rer BUYS, MOUNTAIN ROAD AT HIGHWAY 99W (COMPOSITE) ' T_ I .9% P= . 903 O 420O5 t1541 R 330 1675 0 T H i-442L 138 S . to T= 2.2* 0 P =.75 210 —► 112 1403 0 Peak Hour 1747 16:45-17 : 4.5 Tra.f f iC Smithy TEV=3730 Traffic Survey Service 1 T= 2.6� P =.884 11515 EAST BOUND S OUTfI BOUND NORTH BOUND WEST 'BOUND TIME PERIOD t I„+ , 1' 11-► !-' FROM - 7 ALL 16:30 -16 :35 9 0 27 23 150 0 11 84 0 0 0 390 16:40-16:45 6 0 14 9 17 123 0 10 107 0 0 0 0 300 7 18 130 0 10 119 0 0 0 16:35-16:40 16:45 -16:50 5 0 18 16:50 -16:55 7 0 8 28 121 0 8 117 0 0 0 0 289 16 :55 -17:00 3 0 12 19 148 0 5 120 0 0 0 0 307 17':00 -17:05 5 0 7 21 155 0 4 90 0 0 0 0 282 17:10- 17' :15 5 0 11 30 117 0 16 1. 6 0 0 323 • . 6 8 30 137 0 11 133 0 0 0 0 0 17:20 -17:25 4 0 11 25 164 0 10 142 r 0 0 0 0 351 17:25-17:30 6 0 9 38 122 0 10 113 0 0 0 0 317 17:30-17:35 9 0 ?. 17:35 -17:40 8 0 13 30 153 0 9 117 0 0 0 17 :40 -17:45 5 0 6 22 145 0 9 122 0 0 0 0 309 17:45 -17:50 5 0 12 30 98 0 8 102 0 0 0 0 255 17:50 -17:55 12 0 18 32 110 0 17 102 0 0 0 0 291 17:55 -18:00 10 0 27 23 111 0 12 115 0 0 0 0 278 18 :00- 18:05 10 0 13 31 104 0 18:05 -18:10 10 0 19 22 116 0 9 93 0 0 0 0 269 18 10 -18 :1 4 0 18 25 123 0 12 ' , 5 17 97 0 0 0 0 276 18:15-18:2U 6 0 1 0 0 0 254 8:20 -18 :25 6 0 15 32 97 0 267 1 17 122 0 0 1',.:25 -18:30 5 0 12 21 109 0 8 112 0 0 0 T= P =0 ?2 -I $0 EV= TOTAL. ENTRY VOLUME T >- TRUCKS BY. APPROACH P=te BY APPROACH 0 DATE OF COUNT:: 04/11,12/94 DAY OF 'WET AC: 14&T TINE STAP TED : ; 16130 TIME END 74,0 : 18:3 °0 Total Surrey 162 0 339 632 3062 0 232 2670 0 P .78 0 .73 .76 .91 0 .67 .87 0 % Trucks 1.2 0 2.7 .9 2.1 0 .4 2.8 0 Stopped Buses 0 0 0 0 10 0 0 1 0 Peds 1 7 0 0 7104 0 0 0 . 906 0 0 0 0 0 2.2 0 1 0 16.30- 17.30 0 144 301 1664 0 111 137 0 7 0 3678 Hourly Totals 72 8 16 :45- 17:45' 72 0 138 330 1675 0 17:00 - 18 : 00 84 0 157 350 15S.y 0 116 1366 0 0 0 0 3668 17:15 -18 :15 91 0 179 348 1542 0 110 1372 0 0 3642 17:30-.18:30 90 0 3426 g0 0 195 331 1398 0 121 12,r�r. 0 0 0 , II CN - - R6 I V] ,, '08 '--..-sil V7; _• ;:,r, • • N 04 ' 0 (�U? ..,-.1 >4a Lou ` rzi P4'M g 44144 tli O II VoN to oo H II Ii N a�HH E.w co e-1 RI LfIN M■0) e . 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H r -I'1-i r -1 r -I,r -I e-1 e-I rl Hr-4 H 1 1 1 1 i i i Oul oulou )oulotnolnotnotnotnourolnou) M fYl �cN rr u) ul OO e-! e-I N t�lM M d+ d{ u1,ul O O:rir -1 N N r-i H H H H H H r-I H ri rl r-t e-1 r-tr e-1 r- ri ri r-I rl H r-I H IncnOOO • t}1 CA C31 ri N HO H Nvtotllm NNNNN t0 rf N O.r1 1"�i.r-INs -1M •tsl = 'CONNNN 03 •ri t+l W dl tts 0C..)000" 00000 0000.-. 00000. lON000 Mt•- 00000 Csgul0OC? (NI COM000 ul.v •t+ 0 0 I a' a ,f. 11 0,00.0 000 -00 00000 00000 00 0'0 0 11101r titr!_ e- HNNN 00000 3trAli I IN M I .A I r f r_ 1111ii ;IRO 111110 fill. INGO MINI 1111 11311 INN 11111 clitiLS A111181031 LEGIBILITY STR,P' l:i`1 -' `afflc +rot h The traffic growth was assumed at a 10% increase in existing traffic on P cific Highway and Bull Mountain Road, plus the troiffic from a proposed 194 unit multi far ily development directly to the west of the subject site. This increase ),s used to provide a level of service comparison for the immediate future. '-�. NF1S 444 APPENDIX intersection Art*e tad Existing - Estimated existi ig traff�o i 'eld floes fr+�n�a �'� measurements conducted March a ld April, 1, 994 Existing + Site (As oned - Existing traffic plus site traffic as if site war built out as zoned (8,000 square feet of professional office). Existing + Site (As Proposes) - Existing traffic plus site traffic as if site were built out as proposed (9 8 multi-family units). Total Traffic (As Zoned) Existing and site (as zoned) plus traffic growth. Total Traffic (As Propose')- Existing and site ( as proposed) plus traft growth. SU,M 'ARs I T. BULL , Existina Existing Total + Site Traffic LOS LOS LOS ZiP ill ita untain Road at Access ( to sign control) (1) PM. Peak Hour'' C/C Run Mountain Road atPacifio Highway i stop sign control) (1) AM Peak Hour CCU` PM Ike, Hour ... LOS = Level a Service ISee :e t of Service Criteria) Site As Zones P = Site As Proposed 1 The `level: of s..,rvice* for stop sign controlled imertections, it calculated p . or yielding t � th+� for all sta e movement. Generally, the side ':treat left turn movement, has the poorest LOS as itIUrstrdted its, Summary ifew be muc are i�ristCir�g 'thee te���t. turn), of Capacity Analysis. `his E.t)� may he eXperienced by Grill( e vehicles �tl�+ti whereas the average LOS or all vehicles entering the Intersection would . h better. LEll�L i3� S�f�IiM�C� Ct��l'��t'�A ONALIZED ...INTeR.SfCTIONS Reserve Capaciw(1) vehicles /hour Expected Delay to Minor Street Traffic >400 300-399 200 -299 100 -1 0 -99 Little or np delay . host traffic 'dei . . Average traffic delays Long traffic delays Long tra9.iY Yp ela .... ... Very long traffic deloys . s . Capacity Adjusted Capacity - Demand �"1 � Reserve ��apac� �= LOS = Level of Service When demand volume exceeds the, capacity of . . gat ,� the lane, extreme delays will encountered with queuing which may cause severe congestion affecting tin other into be eno� movements in � e intersection. This condition usually warrants improvement traffic mc� to the intersection, ighway ._ capacity Manual" r` Special Report 0 "iren p rtati n Research card (1986). 0 1 ey LEVEL. OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTION Level of service �. .. es Describes operations t th very low delay, i.e., sec per vehicle. This ., ccurs when progression is extremely favorable) and Most vehicles artive during the o p !� green phase. Most vehicles, do not stop at al Short cycle lengths may also contribute e low delay. Level of s Describes ��r�c ®peittl+ans with delay in the range of 5.1 to 15.0 sec per chicle. i'Ihie generat4 occurs with good progression and /or short cycle lengths. Mir 4 vehicles stop than for LOS A, causing higher levels of average delay. Level of service Describes operations with delay in the range of 5.1 to 25.0 sec per vehicle,- These + higher delays may ,Dealt from fair progression and/or longer cycle Lengths. Individual level. The number of vehicles stopping is . begin to �r�wear in this le cycle failures may be significant at this level, although many still pass throught the intersectionWfci, stopping. Levol of service` n Describes operations with delay in the range of 25.1 to 44.0 sec per vehicle. At levee` D, the Influence of congestion beeomes more noticeab.te. Longer delays may result from some Corntinaton of unfavorable progression, long cycle lengths, or high vie ratios. Many vehicles stop, and the proportion of vehicles riot stopping declines. Indiviauc1 cycle failures are noticeable. Level of servic e � Descbes operations v delay in the range, of i ... . , ,� -ti' 40:1 to 60.0 ,sec per vehicle. Tiaas is considered to be the limit of acceptable, delay. . These high delay' values generally indicate poor progression, long; cycle lengths, and high vie ratios. " Individual' cycle failures are frequent occurrences.. Leved of 5e rvic+e Describes operations with delay in. excess of 60.0 sec pe ' tehicle. `'his is considered o be unacceptable to most, drivers. This is condition often occurs with o'versat� ration W exceed the capacity 'of the interseCti�on� It may als+rM occur at high vie ration below I . with many individual cycle failures., Poor progression and long cycle lengths may also be major contributing causes, to such delay ieveisY Source, �Ies� arm �5oard (1985). I ; Special l�epol ranst r�Gllrarh f�a'k�`:w te, U S +GNALTZED XNTERS CTIO ! CA,?ACri ' 'C RI EET Bull Mtn Ro,ld Acc Data u t: E+S-Propuseu Day of kd Time of 'Day. ` Peal'', Hour tx x x xx x ?revo$.1iug 81300 3r of lanes on ajor : Ge LPJ .oA,CH .01..A ES 0%;11 % :C 0 SHARED LA ,NESS AP ROA' C flof: CxAges A1�' ROAC > > >> A < ,<<< < << >>' ». ») » »b1C‹< MOVEMENT AL AT AR DT VOLUMES 0 536 1 0 0 PCH RIGHT TURN'S FROM C (CR ) CONFLZC?T IC T LC7 d . 5AR +AT= r CRITICAL OAP= 5SPIC. IMPEDANCE tlaUSTMENT 1 cAPACiTY USED- 5,46.0d I" 'ET)A CL"' CREATED .96 LEFT TURNS PROM B tBL CONFLICTING FLOE AF"+AT4,7 CRITICAL CAP= 4 , 5SEC IMPEDANCE ADJUSTMENT= STMENT= 1 CAPACITY USED` 1.03% IMPS DANCE CgAATED .. 9' LEFT TURNS :ROM C (CL) CCNFLICTT.NC ELO' " ., SAR +Ati..AL+ ,L +ST +1 ' 4-T3 : +EPA= 656. CRITICAL qA'P- 6: EC IMPEDANCE ADJUSTMENT- .99 C. ?AC' ID sED .67 IMPEDANCE CREATED = .99, A.0 TTY' ADJUSTED DEAD (LOS A) CAVACITY 780 AD USTED CA?ACT` /80 1 EilAND (o8- S CAPACITY ADJUSTED CA ?A.C" DEMAND (LOS =A.) e aqua . .P+. d 1 1 't SIGNAL ZED I1'dTERSECTTON CAPACITY WORKSHOE" Sul1 Mtn Road AcceE ti Date of Co�.un Day of ,Week: J MIS Yay UNSIGNALXZED INTEPSECTYON CAPACITY WORXSHE Buli Mtn Road Access rt Date Of Count: ,C+S zone Day of Week: '' 14 kday imp of Day: aim Peak, dour x x: xxx : ;x xxxxc xXxXltx SP eec1 30' B r of lanes on ma jot. .str et: APPROACH GRADES A 0%:8 05 :C' 0* SEARED LANES: APPROACH C: 'lone xxxxxxxxxxxx W Bull Mtn Rd x. 1 ,XXXXXXXXXXICX C sX Add SS APPROACH >>> >>>> i.4'< < < < < <> > >> > > >D4 << MOVEMENT AL AT AP DL DT VOLUMES S 0 536 19 0 0 PCH ‹« > ›» '' >C < <C « « > » >) >11<< « «< DR CL CT CR BL BT 0 4 0 24 106 153 4 20 11 RIGHT TURNS FROM C 0C1R CONFLICTING FLOW'.5AR +AT= 545.5 CRITICAL GAP= SSEC . IMPEDANCE .� DJUSTMEN`T= 1 CAPACITY USED= 3.87% IMPEDANCE CREATED, . 97 LEFT TURNS FROM B (BL) CONFLICTING FLOOW AR -1-AT= 555 CRITICAL GAP= C. IMPEDANCE ADJUS"PME T- 1 C APACIT Y USED= 15.21% IMPEDANCE CREATED= ,8c1 LEFT TURNS FROM C (C. L) CONFLICTING FLOW .5A R �� � Y- , - -DR- z' 4.5 CRITICAL GAP =65EC IMPEDANCE ADJUSTN MNT= .89 CAPACITY USED` 1.22% IMPEDANCE .9 LO 4 VO CAPACITY 1571 ADJUSTED CAPACITY 671 DEMAND (LO8-'A) 26 CAPACITY ADJUSTED CAPACITY DEMAND (LOS_A) • '55 • 765 7 CAPACITY 808 ADJUSTED CAPACITY 328 DE ND (LOS= =B) 4 1:aD', 1' UHSICNALIZED INTERSECTION ,:CM A± I Y WORKS !EE Bu11 Mtn Road ;Aocea Date ';Ct�tnt t ".CT Zone Day of. meek: Weekday Time of Day: am Peak Hour xxxxx>rxxxxxXxx txxxxxxxxxxxx Prevailing Speed: 30 B * of lanes on Major attest: APPROACH GRADES A 04iB 0%:C 0% siARED LANES ,• APPROACH C none A XxXX4xXxxXXX XnxxxxXXxx,xx Btti 1 Mtn Rd x x x x x C l Acde iS APPROACH. MOVE "49IvT VOLUMES PCI >>>>' >A < << < < < < > > >. > > > >D < < <<,4<< >> > >> >C < < < < < < < > > > > > >1 < << AR DL AL AT AR DR CL CT ' CR BL BT 0 "` 657 19 0 0 0 4 0 24 106 1.8 4 26 117 RIGHT TURNS FROM C` (CR) CONFL%CtNG FLOW 5AR +A" 666.5 CRITICAL GAP- 5SEC. IMPEDANCE ADJUSTMENT- 1 IMPEDANCE CAPACITY USED 4.41% IMPEDANCE CREATED= .97 LEFT TURNS FROM B (BL) CONFLICTING FLOW ARAT 676 CRITICAL GAP= 4.5SE �. IMPE DANCE ADJUSTMEN T = 1 CAPACITY USED 17.28% IMPEDANCE 'CREATED= .88 LEFT TURNS FROM C (C L T CONFLICTING FLOW . 5AR +AT + AL+BL +BT +BR+DT' DR:= 954.5 CRITICAL GAP= 6 SEC . IMPEDANCE ADJUSTMENT= .88 CAPACITY USED= 1.54°c IMPEDANCE CREATED= .99 LOS L+:. BR 0 CAPACITY .ADJUSTED CAPACITY DEMAND (LOS =A,) CAPACITY ADJUSTED CAPACITY DEMAND ( Lt's S -=A CAPACITY ADJUSTED CAPACITY DEMAND (LOS='C ) era 11 9) t 4 lah e 'i oft eems . 7'! 590' 590 26 677' 677 117 295 260 4 U,. UNSIGNALIZED INTERSECTION CAPACXT 140 SflE ST Dull Mtn Road Aes; cq� Date Qs E+S P ()Posed Day of 'W ,6k: Wee daY Time of '; ay: PM Peak Naar }+�+�y.�v�} �yr� vy,�. y�yX rev.y,.Mrt i �l Speed: 30 j. �w �y� ��is' A�14l�uCb�L169ci14' �+ ��!' 1+L M. tk+ f�1► � .41r1'�+IC7.�L9�67bi�Lfi�f?�Lf� � P J4 'G Y Gi wL ' 4i' ` � L - street: i.; � i.i 4i : B # of laries on major A APPROXCII GRADE:. .xxx ;R . ,.'* x; xgtXXX tx: A 0%;13 0%:C 0% . � � � Bull Mtn Rd x x SNARED LANES APPROACH C: none x C x ACG"es8 APPROACH > > >) > >>A< < < < << < > >> > > >D < < < < <<. < MOVEMENT AL AT AR. DL DT DR CL VOLUMES 0 273 6 0 0 0 3 PCR' 3 C‹<<4<<>>>>> ›B< << CT CR BL BT 0 16 34 45 18 37 RIGHT TURNS FROM C (CR) CO'VFLZ +CT I (G FLOW .5AR +AT= 276 CRITICAL GAP= fiSEC IMPEDANCE ADJUa TMENT= 1 CAPACITY USED 1.99% IMPEDANCE CREATED= .99 LEFT` TURNS FROM 1 (BL CONFLICTING FLOW AR +AT= 279 OE ADJUSTMENT 1 CRITICAL GAP= 4 , SSEC . IMPEDANCE ' CAPACITY 'USED= 3.63% IMPEDANCE CREATED= .97 LEFT TURNS FROM C (CL) CONFLICTING FLOW .5AR AT Y A.L -BL . BI` BR +D'T' DR- 762 CRITICAL GAP= 6SEC M IMPEDANCE AD3USTMENT= 97 CAPACITY USED- 8% IMPEDANCE 'NCE CREATED- .99 LO Or, 1 of a? ", 0 , wit IC < <. R 0 CAPACIT`! 904 ADJUSTED CAPACITY 904 DEMAND ( LO S =A) 18 CAPACITY 1019 AD3USTED CAPACITY 1010 ;DEMAND ( oS =A) 37 0. CAPACITY 389 AD3tt8TED CAPACIT? 3/7 DEMAND (LOS =r) 3 •�w 1 1 fl SIGNALIZED INT Bel RS ECTZON CAPACITY' wC RxSEEET, Mtn i oad Access Date of Count: TT '.ProposeR Day pf Week: Weekday Time of :Darr: PM Peak, Hour Prevailing Speed: 30 of - lanes on major :tre 1 APPROACH GRADES A0 :B O45C 3 SEAP. ;D n LANES APPROACH C: none, ZX.XxXxa"l .i.1a-F xxx. t l►:l7uxxK1.Ci+CS.xXxxxacL1uSi► xxxxxxXxxxxx Bull Mtn Rd x xxxxxxxxXxxx C xAccess APPROACH ) > > > > >A < < < < << < > > >> > >D< < < << < < > > > > >5>C <<< < < <> >B<< C << MO VEMENT AL. AT AR DL DT DR CL CT CR tL BT BR V'OL'UMl e 0 332 6 0 0 0 2 0 16 3 4 566 0 PCT 3 18 37 RIGHT TURNS FROM C (CR) CONFLICTING FLOW .5AR+AT = 5 CRITICAL GAP= 5SEC. IMPEDANCE ADJUSTMENT= 1 CAPACITY USED 2.12% IMPEDANCE 'CREATED= .99 LEFT TURNS FROM $ (BL) CONFLICTING FLOW Ail. ±AT -= 338 CRITIC:. OAP= L . 5SEC. I' 1PE ` DA "NCE ADJUSTMENT= 1 CAPACITY USED 3.8 5 %' IMP, `'` USED= IMPEDANCE CREATED= .97 LEFT' TURNS FROM 'C (CL) CONFLICTING FLOW 5AR4-AT +A . +BL -BT+BR DT "DR 935 CRITICAL OAP= 6SEC. IMPEDANCE . ADJUSTMENT= .9/ CAPACITY USED= 1.02% IMPEDANCE CREATED= 99 :Oh.: tt1r s -t &d a CI�yI t,100 CAPACITY ADJUSTED CAPACITY DEMAND (LOS=A) •850 S$0 CAPACITY 962 ADJUSTED CAPACITY'" ' 962 DEMAND (Los.-±A) 37 CAPACITY 3,9 ADJUSTED CAPACITY 295 DEMAND (LO8 =C ) 7 ▪ OREGON STATE HIGHWAY i WVISIO • s •�i f ! lM s ��y�srr�� s .f a s EVllo� .• V9LUM2, WAttAANTS FOR Lin Wail small ° . ... - �. 404 T O4 N4.sfl ursI -4 +- IHTE1UE IONS; lgX14111PLE 310 wit t teu4/ SO �. tviat g loll z .. 0 fuming tight VA2400 * ;2,3%1111 tzns • V02273- milt lttt � rt4u 't tort TWIN OW G IONA - !•i�erulw #a.e. - •Aid .r!d sM.7 b 1 0NSTOMAL1 E XXXXXXXXXX Ru11 'Mtn i� APPROAC MOVEMENT VOLUME PCH Ic, IN r -Ei(S " .y+TION d.AEAC° Bull Mt t Road, : ,cde8 Date of Couritt a e Darr of Week» '+da` Time 1f balt: ,, ► 'Peak Eo Prt va . g SPee 30 N . 6wf , ,+az. s t►n rn. jor att APPROACH GRADES: A 0%f B '!_ ' - 0 ∎. HAPE✓ `: -]6 S ''�'. x It APPROACH C': 1"l fEr C x Ac es AL AT AR DL DT Dk CL C` ` Ck EL 0 273 7 0 0 0 21 0 "1.19' 42 23 131 46 RIGHT TURNS FRO'Z C (CR) CONFL CAL GA PLOW . 5AR+AT= 276.5 CPI7I P= 5SEC. IMPEDANCE ADJUSTMENT= 1 CAPACITY USED 14.49% IMPEDANCE C1.EATEb= .9 LEFT' TURNS 'FROM B (SL CqNE'LICTINO PLO ri AR' A T= 280 CRrricAL GAP= 4. SSEC . , IMPEDANCE ADJUSTMENT= CAPACITY ° USED= 4.52% IMPEDANCE CREATE .97 LEFT �Tt� �� FROM 0' FLOW (CL) .. ��.�� -A� : 8����1�����'-�bg- �'�'9. CONE i CTI G FLOW M 5AR ,.. CRITICAL OAP= 6EC. IMPEDANCE ADJUSTMENT= E? T= ..97 CAPACITY' `USED 6.17% IMPEDANCE CREATED== .96 d'��Y4J'tli. ,••• 4 ii • BT BR 452 0 CAPACITY 904 Ab *11rSTEb CAPACITY 904 DEMAND 0'-1()$,P40 31 CAPACITY ADJUSTED CAPACITY 1018 DEMAND (LOS =A) `46 CAPACITY' 385 AbiU TED CAPACITY 373' DEMAND (LOS 'S) 23 4, 1!, SIGNALIZED INTERsECTION CA ':ACI f ;A t SR` t'T' B .11 Mtn Road ACeea %1 Date Of Count: TT zoned DaY of Weelt: Weekday' Time of Day: TM Peak goll - x Y X : . 2t .2t2rx : % Prevailing evailing Speed: 3 M Y B Of Iares on major et A A y. P tDAr'"i GRADES: IISCARED L�+�NES B.l Mim 'R�! x AP'PROACS C: torte x, C x. A ce se- APPROACH > > > >> ,« < <« » > > > >T <t < < «< > >> > >C < < < R BL BR MOWEMEN'P AL AT �.1t�? DL DT �: L CT IVOLUMES 0 332 0 19 1: �1 566 0 . 23 13 : 46 PC RIG T TURNS .ROM C (cR) CONFLICTING FLO''fFZ �5�►RY�IPEDANCE A DJL�ST'mF .'� = 1 CRITICAL GAP= 5 S E CAPACITY USED 15.41% % IMPEDANCE CREATED LEFT TURNS FROM B (BL) AR+Ax 339 COivT'TGAg�L4�55EC * IMPEDANCE ADJUSTMENT= 1 CRITICAL '" CAPACITY C sED 4.79% IMPEDANCE CREATED .97 LEFT TURNS FROM C (CL) -� ACTT" ` CONFLICTING FLOW SAPS . AT AL BL,4-BT +DR +ITT +DR,= 9 43.5 CAP CRITICAL GAP'S 6C. ; V.ETEDAN CF ADJUSTMENT= ' ADJUSTED CAPACITY CAPACITY USED= 7 , 9% IMPEDANCE CREATED- 54 DEMAND (LO S=C) CAPACITY ADJUSTED CAPAC'JT' DEMAND (LO3=A1 i■,APACTT'Y ADJUSTED CAPACITY DEMAND' (a `OS=A,) n 8 vice :1 8 1; a. it50 850 131 91 961 • • •46' 300 23: ()sit [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]