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ZC10-74 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. - R O� t yT. r'i_ K f j�•sl i't: i7 iJ t r, ', .: >�h;.,f. ` f»rY, 'r� �1 .y.`.rt ..i.. h.,,; ,} ,,.�4µ9 c 1h% • x,•400 TREND LEASING Zone Change (ZC 10-74) r . . 11611 ,9W � • .1. • • b • • • { r,s 1 • e• •, \.. •0 • ,.• . • November 4, 1974 • Mr. John W. Stewart Trend Leasing Company of Portland 4305 Riv dt Road0 North Salem0 Oregon 97303 Rdit Zone Change Application from Ra7 to C.443 1 11611 S.W, Pacific HighWay between Mr. Steak Restaurant 4 Prod Meyer Shopping Cent Map 1S1 361)130 Tax Lot 501. Oentlement Pldtald b6 advised the Tigard City Council at theft regular meeting October 140 19740 approved the above app1itation, I am attachitng a certified copy of"Ordinance No0 74,456 and if t m be of further assistance rdgatdihs this matter, please feel gVde 40 40heilet mei • $incerelyt Dorio Nitt44 city Utootd.ole Datiw tad, •••, 1 CITY OP TIGARD NOTICE OP PUBLIC HEARING Notice is hereby given that public hearings Will be held by the City Council at Tigard Elementary and High School Administrative Office, 13137 S.W. Pacific Highway, Tigard, Oregon, on October 14, 1974, at 8:00 P.M. with re6pect to the following; ADOPTION OF GREENBURG-BROOKSIDZIZANDOUSE 'PUN Consideration of Neighborhood Plan 02 for the Greenburg- , Brookside area. The affected area is bounded on the N.B. by the Beaverton-Tigard Expressway (Oregon State Highway 217) ; on the northwest by S.W. Scholls Ferry load (Oregon State Highway 210) ; on the west by Fanno Creek and S.W. TiedOman Street; on the S.W.by S.W. Walnut Street and on the S.E. by S.W. Pacific Highway (Oregon State Highway 99W) 0 Land use decisions affecting this area are presently being guided by the Tigard Community Plan which was adopted in 1971. The proposed plan is intended to supersede this earlier document and provide the basis for reviewing zone change requests, sabdivisidmnplats, street dedications and other matters requiring land use dibcisions in this neighbor- _ hood by the City of Tigard. ZONE CHANGE APPLICATION Application by Trend Leasing Co. of Portland for a change of zone classification from existing R-70 single Pamily Residential to C-3, Ceneral Commercial. Property is located at 11611 S . Pacific Highway between Mr. Steak Restaurant and Fred Meyer ShOpping Center. (Tax Map ISI 36DB„ Tax Lob 501) , All interested persons may appear and be hoard in favor of or against the said proposal, BY ORMA OF THE CITY COUNCIL Doris 1artig City Recorder TT Publish 10/3,10,1974 /r CITY OF TIGARD, OREGON ORDINANCE No. 74-.1X }' . AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO APPLICATION ,.'` OF TREND LEASING COMPANY OF PORTLAND, OREGON FOR A CHANGE OF ZONE CLASSIFICATION FROM R-7, SINGLE FAMILY RESIDENTIAL TO C-3, GENERAL COMMERCIAL, WITH RESPECT TO TAX LOT 501, TAX MAP 151-36DB, GRANTING APPLICATION AND FIXING EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: :Section 1: The Council finds that the lands hereinafter described have heretofore been and are now classified R-7 (Single Family Residential) 'pursuant to the zoning ordinances of the City of Tigard. . d 0 Section 2: The Council further finds that pursuant to prescribed ; procedures, application for change of zone of said'lands , from R-7 (Residential) to C-3 (General Commercial) was the subject of a public hearing held by the Planning Commission on September 17, 1974 and the Commission has heretofore filed its report with the City Recorder, copy whereof is hereto attached and by reference made a part hereof, recommending approval of the application. Section 3: The Council further finds that after due and legal notice a public hearing Was held on October 14, 1974 before an i, impartial council, and that at said hearing the applicant and all interested parties were afforded an opportunity to be heard and to present and rebut evidence with respect to said application. 4 , Section 4: Based on the evidence both oral and documentary and the record of said hearing before the City Council, the Council makes the following findings as stipulated in Exhibit ''A" and by reference made a part hereof. Section 5: That the Use classification of applicant's lands as described on the attached sheet denoted: EXHIBIT "B" //; and by reference made a part hereof, and being Talc Lot 501 151- 36DB as hereinabove rlferred to, be, and the same is, hereby f changed from the present R-7 (Single Family Residential) to C--3 , (General Commercial), and the use thereof shall be considtent with ,, and subject to the requirements of such zoning classification as prescribed by the Tigard municipal Code. fi Section 6: This ordinance shall be ome effective on the 31st day after its passage by the Council and approval by the Mayor. M Y •' PASSED: By l Co me ent j after ing read three times by andtitlegnly, this 14th day of October; 1974. , ,/:0,.., 1/4,/-"L.,,,..4zr .,____ Recorder W city' df Tigard N' 7 I APPROVED: By the Mayor, this 14th day of October,L 1.974. �: Mayor city of Tigard bRDXNANCE 'No. 74--5 .+ A W ( t Y K' Y '.. 11 I .t 444 t * C -, } FINDINGS OF TIDE CITY COUNCIL: . 1. That the Tigard Communit Plan designates the sub- . ject site as General Commercial, to ccommodate a range of. retail and service commercial uses that benefit from a high- Way-oriented location. The development of individual prop- erties in these areas should take into account the traffic- , safety and visual,problems associated with 'strip commercial development' . The present pattern of development along High- Way 99--W is not desirable. It is dangerous, inefficient, con- fusing and unsightly." 2. That applicant's proposed use of the lands conforms to the land use designation of the Tigard "Community Plan for the subject site. 3. That the applicant has met, by a preponderance of the evidence, the criteria and proof requirements for the granting of the petition, to-wit (a) That there is a public need for the change; (b) That the need is best met by the applicant's proposal; (c) That the potential impact of the change is not disproportionate to the benefits to the area in question. 4. That the petition should be granted. A • I txamiT 00 o k q , Ar IL EXHIBIT' "B" C• A tract of land situated in Section 36, Township 1 South, Range 1 West, Willamette Meridian;,: Washington County, Oregon, and, being part • of a tract described in deed to Alvin E. Peterson, et ux, recorded in Book 406, page 747, Deed Records, Washington County, Oregon, more particularly described as follows, to wit: Beginning at the Southwest corner of that tract of land described in deed to Earle L. Miller, recorded in Deed Book 458, page 516, 11 Washington County, Oregon, Deed Records; thence South along the West line of id{Peterson :Tract 150 feet; thence East parallel with the South line of said Miller Tract 120 feet; thence South parallel with the West line of said Peterson Tract to the North line of the West side of Pacific Highway; thence Northeasterly along said North line 90 feet, more or less, to the East line of - said Peterson Tract; thence North along said East line 350 feet, more or less, to the Southeast corner of said Miller Tract; thence West along the South line of sa*d Miller Tract 192 feet to the point of beginning, EXCEPTING 5,1HEREFROM that portion thereof conveyed to the State of Oregon, by and through its State Highway Commission, by deed recorded October 21, 1953, in Book 349, page 436, Deed Records of Washington County, Oregon. • ' f tt ry 7 r ^ n p a +W $ r • Ja u M + j. r•,-.a..0 r,,..w,a r7„vq,...,,......,.. ..,....,, ,o...,.•,.,.� n,M1� D �v i30 ZONE CHANGE APPLICAT( C Application by Trend Leasing Company of Portland iur a change of zone classification from existing R-7, Single Family Residential to C-3, General Commercial. Property • s is located at 11611 S.W. Pacific HigF:�aay between Mr. Steak Restaurant and Fred Meyer ; Shopping Center. (Tax Map 151 36DB, Tax Lot 301). Application approved by ;. Planning Commission. is (a) 800 P.M. Public Hearing .• • + City Planner gave background of facts and showed slides of area under consideration. f� Those who testified fors ' f Jack Thompson of Trend Leasing { Those who testified against ' , ' :.• Daisy Morris, 11621 S.W. Pacific Highway Mrs. Fred Weller, 11645 S.W. Pacific Highway o I Mrs. Case, • Lucy Mayernick, 16790 S.W. 113th i Judy Martin, 11030 S.W. 74th Mr. Martin, 11030 S.W. 74th No Rebuttal Public Hearing Clcsed. I Council discussed concerns regarding protection of the adjoining residential area. (b) ORDINANCE No, 74.56 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO APPLICATION OF TREND LEASING COMPANY OF PORTLAND OREGON FOR A CHANGE OF ZONE CLASSIFICATION FROM R-7, Single Family Residential to C-3, General Commercial, WITH RESPECT TO TAX • i LOT 501, TAX MAP 1S1 36DB, GRANTING APPLICATION AND FIXING ' a EFFECTIVE DATE. • (c) Motion to adopts Councilman Moore, seconded by Councilman Paterson, n1 Approved by unanimous vote of Council. b Council requested planning staff inform Planning Commission of their • concerns and to consider additional screening over and above what is ' on the pr: psed sits: plan. tl ' 14. ORDINANCE No. 74:�5�5 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 761, INVOLVING LANDS OF Roger Held, 10450 S.W. r„ • Johnson Street, Section 2, Township 2 South, Range 1 West, Willamette Meridian, WASHINGTON COUr.Y, OREGON RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY. • ; (a) Motion to adopts Councilman Moore, seconded by Councilman Cook. Approved by unanimous vote of Council. 15. DISCUSSION S.W. HUNZIRER STREET IMPROVEMENT (a) Councilman Pate.rscn stated he had reviewed assessment methods and recommended method #5 as the most equitable. It was his suggestion. Council go into public hearing to get citizen input. Council discussed City share c,f participation and requested staff study matter on basis of City payit,g engineering expenses. Director of Public Services and Facilities stated the engineering fees woad represent approximately 10% of the estimated cost. (b) Motion by Councilman Cook to proceed with the public hearing using method #5 for basis of assessment; seconded by Councilman Moore. Approved by unanimous vote of Council. . PAGE 3 . COUNCIL MINUTES OCTOBER 14, 1974 i• t • J, A 61,y a 5. s• � October 11, l9"�' a MEMORANDUM To: City Council From: Planning Commission I. `.. Subject: Trend Leasing Zone Change At their September 17, 174 meeting, the Planning Commission approved the ``rend Leasing request for a change of zone from R-7 to 0.3. Enclosed is a copy of the Planning Department's staff report and the minutes of the Planning Commission hearing. 1 , J. C 4 11 , 7. \ . 4.:, ( . / . . TIGARD PLANNING COMMISSION Staff Report ( ' September 17, 1974 . Agenda, Item 5.1 . 7_,C 10-74 (Trend Leasing) ., . . • ne Change . - / ...... • Zo For property located at 11611 S. W. Pacific Highway between the Mr. Steak Restaurant and the Fred Meyer Shopping Center. .. (Tax Map 1S1 36DB, Tax Lot 501) . • Applicant . _. , Trend Leasing Company of Portland . ADI-Dlicant22111t9 -12. . , •Lt . Approval of a change of zone classification from R-7, Single • • Family Residential to C-3, General Commercial. . . Applicant's Proposal . /, fr Parking for a truck and auto leasing agency. ( Staff Findings , 1. Please note attached map for existing land use and zoning . patterns. . 2. Please note the applicant's attached application state- -,, meat and "Vasano" response. . 3. The subject site is currently a vacant field of grass. 4. The Tigard Community Plan designates the subject site Oeneral Commercial, said plan stating these areas are to "accommodate a range of retail and service comaiercial uses that benef , from a highway-oriented location. '• The development of individual properties in these areas should take into account the traffic-safety and vioual problems associated with Istrip commerJial developmentt . The present pattern of development along Highway 99.4 1.8 not desirable. It is dangurous, inefficient, con- . fusing and unsightly. " 5. The applicant's request conforms to the land use desig- . nation described for the subject site by the gArc1121.4, CommunitY Plan. ' 6. The applicant has not provided proof necessary to de- ( . termine communit need for the subject tone change. ' . - . • On page 4 subsection "CI' of the applicant's "Fasanou response, the applicant states simply there is a grow- ing need for truck and auto leasing services because of increasing population and the increasing costs of moving and private automobile ownership. However, the applicant does not state if other similarly zoned , properties were considered for use nor if they feel community need exists for additional lands zoned General Commercial. Alternate C-3, General Commercial sites do exist adjacent S. W. Pacific Highway. 7. The applicant has not proven the proposed zone change will not have a deleterious effect on the adjacent residential area, stating they propose to improve the area by placing an asphalt parking lot where a vacant lot of weeds now stands. Certainly the weeds may con.- stitute a nuisance, but the staff questions whether weeds constitute a larger nuisance than the noise, . fumes and heat emanating from a parking lot. Certainly weeds are quieter than cars and trucks. The applicant has not addressed the question of deleterious effects on the adjacent neighborhood by other uses that may be constructed in a C-3, General Commercial zone. No specific proposals, have been described indicating the applicant's intentions regarding alleviation of dele- terious effects such as noise, fumes, odors, night illumination, hours of operation. Building placement and landscaping would describe two possibilities for alleviation of said deleterious effects. I I 8. Water and sewer service is available to the subject site. Staff Ilecommendation The Planning Commission has several alternative actions described as follows: 1. Approve the zone change request. a The staff feels the applicant has not adequately met thl Vasanon burden of proof pursuant staff findings 6 and 7. 2. Table the zone change request. a. This action would enable the applicant to 'submit additional material related to staff findings 6 and 7. 3. Deny the 'applicantis request. a. This option action 'would include findipgs with respect to the Planning dommissionls rbasons for • PC staff report' - September 17, 1974 - page 2 - Item 5.1 denial. The Planning Commission may wish to state the existing R-7 zoning has the least deleterious effect on the adjacent neighbor- , hood or that another zone such as the CP, Commercial Professional zonp would be Oore cdmpatible with the surrounding neighborhood and yet conform to the Tigard Community Plan. Another option could include denial with a statement of intent for conditional use approval of duplexes on the subject site. Staff favors alternative #2. • • t e ` ,f>0.1.*Orn ,T pc etaff.' report - September 17, 1974 - page 3 -. Item 5,1' .1,. ........r■■,..■■■,...- ,. ,i. we (L— ANNOW '..',;g, ''''':;, 14,:,:t. •. 14. N. O. #2 .., Greenburg-Btookside Area. (a) Setting of Public Hearing, October 14, 1974, 8c00 P.M. Y'' (b) Motion to set publiC4teatingt Councilman Paterson, seconded by CounciI04400k,' Nickelson. . Approved by unanimous vote of Council. • City Administrator commented the Planning Commission had accepted the,retiti and recommended adoption. The Commission will submit a detailed stateMA . .... c '' of NPO #2 for Council consideration. , ' /1-':,..','','1. 15. ZONE CHANGE REQUEST - Trend Leasing - 11611 S.W. Pacific Highway 7:,1:,,l',, e R nueS4,.f ,.. er a change of z ne classification from exiating R-7 Single Family c o Commission, Lai to e t C3, General'Commercial, Application approved by Planning :::. - ssion. . . . . , , (a) Setting of Public Heating, October 14, 19740 8t00 P.M. r. r'■■ , :, 1 .,, . , (b) Motion . ' ''''''' tion to seLpublic hearings Councilman Paterson, seconded by Councilts ' Mi ckelson. . ' , . . , A . , . . . , e A proved by. unanimous s vote of Council. . . .. ,. . . . v I. , . . '. 16. REFUND REQUEST Variance Fee of $50.00 for Butler Tire and Battery (a) City Planner stated. staff had not spent any time on the application and . , recommended refund, .., . ,,d,, ., , 4, ) ,04' (b) Motion to approves Councilman Nickelson, seconded by Councilman Paterson 1', : . Approved by unanimous vote of Council. , : ,: . 17. CALL TO AUDIENCE ,. Wilbur Bishop made presentation regarding citizen communications and the fOrd4 ,'H .. of Tigard Citizens Forum. PUrpOse of the group would be to gather and tabulat ,,-, public opinion. Council will consider the proposal at study session. , , A:,-- 18. OTHER BUSINESS (a) City Administrator stated he planned to attend Washington County tentingi '... regarding proposed county wholesaling of water. (b) Leagne.ef Oregon Cities convention November 17,49. City Administrator )4Y urged Council and Planning Commissioners to attend the Sunday meeting. Council discussed a City council/Planning Commission dinner during the convention. (4) 79th But Shelter Marvin Dieckmat of S.W. 79th requested city approVal and assistance in 10404 of a shelter for the school children. Residents of S.W. 79th built and maintain the shelter at their 014n eXpenSeo Council had no objection kiA4f # shelter as long as It did not obstruct view and requested staff to cotta4.4tate Highway Department regarding suitable locatioto (d) City Administrator requested authoti*ation to make second 7344 audit pri;1000 payment in the amount of $20500, Motion to approval Councilman Heard* 40044ed by Councilman Paterson, •:-,P,ii,:,,',*1. Approved by unanimous vote of council Audit report was distributed to coutcil and staff will answer any questio* .. Vegarditg report at nest study sessiono PAd1 3 m COUNCIL MINUT1 StPIttOtR 2. 1974 ,,i,',,i ;' . . .. ,, • AFFIDAVIT OF MAILING STATE OF OREGON COUy o Washington ss. City of Tigard. Winslow C. Brooks I, MDINIUM9SDPc/0634M.„ Being first duly sworn, on oath depose and say: That I at Planning Administrator for the city of Tigard, Oregon. That I served notice of hearing of the Tigard. Planning Commission Of which the attached is a copy (Marked. Exhibit A) upon each of the following named persons on the z: day of 150a45, by mailing to each Of them at the address shown on the attached list (Marked Exhibit B), said notice as hereto attached, deposited in t, • the United States Nhil on the 4S-41" day of Postage prepaid. • . ) .• Subscribed and sworn to before me this 28 day of . $ 194(4 , ti A r •• ' 'O%•* * ' •• tri , ^ P 4 0 Notary of Oregon it; J V M cominidaioti expitm.-3: „ „. „ . „„ „.. , • s/ 110111111.0/111111111111.- (I, V NOTICE OF PUBLIC HEARING CITY OF TIGARD PLANNING COMMISSION • r Notice is hereby given that public hearings will be held by the Planning Commission of the City of Tigard in the Twality Junior .'; High School Lecture Room, located at 14650 S. W. 97th Avenue, • Tigard, Oregon. Said hearings will occur on September 17, 1974, at 7:30 p.m. and will concern the following: A request by Trend Leasing Company of Portland to change an existing R-7, Single Family Residential zone to a C-3, General Commercial zone on property located at 11611 S. W. Pacific Highway between the Mr. Steak Restaurant and the Fred Meyer Shopping Center. The site comprises 1.00 acre.' (Tax Map 1S1 36DB, Tax Lot 501) . A request by Trend Leasing Company of Portland for con- ditional use approval to conduct a truck leasing operation in a C-3, General Commercial zone on property located at 11611 S. W. Pacific Highway between the Mr. Steak Restaurant and the Fred Meyer Shopping Center. The site comprises 1.00 acre. (Tax Map 181 36DB, TaX Lot 501) . 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' . till 0 'Elt 0, 0 el ° J 0 V 4 '''' ootg tO 0 b 0 1 . . - — -- - - --.----7.s . , • , : . . , . . . . . - - - ., -' --. - .... : _ - • ':- • -- . . . ._• . . , , - 4: .: - IC- 24 C-1T-suth. 1.....e.r.,,-i 0 t,,) CL-c- ,—74- IF:7e, A3D11ESS 4 .. ,,7 Lor ,i I LAND 1:7-TP 0, 7rrR . I ..'.-:4 '0- - i 4 .0-- - --- 4 N ... 1 V4--e,t,....4C ct.e.g...tritAlit, Cc_ot rcAtersji I . E -S.- 2:Wex.',.ecke.e.t 14 t is I 430 _ . . I I I I I I 1: -__ . , _____,_ 1 I ----1 II I I I: I i! I I . , 1 •. 17 11, . I .. . I 1 I 1 : 1 , I 1 1 1 1 I- 1 I I 1: 1 ! , I I r • d'// AGENDA TIGARD PLANNING COMMISSION REGULAR MEETING, SEPTEMBER 17, 1974 Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon • PUBLIC HEARING - 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL oe MINUTES . I 3.2 Regular Meeting of August 20, 1974 3.2 Study Session of August 27, 1974 . 3.3 Regular Meeting of September 3, 1974 , ! I . PUBLIC HEARING-- Greenburg-BrookSide Neighborhood. Plan - NPO #2 ' A public hearing on a proposed de:Lailed neighborhood plan as proposed by the Neighborhood Planning Organization #2 and the City planning staff. V Testimony . aciensesor ""*"1"1".""*"""""""*"' ommission and NPO #2 Discussion and Action ) 5. PUBLIC HEARING - Zone Chanir.'""*"0 „,„,_, • 5.1 ZC 10-74 (Trend Leasing) An application by Trend Leasing Company of Portland for a change of zone classifiCation from existing R-7, Single Family Residential to C-3, General Commercial, on property located at 11611 S. W. Pacific Highway between the Mr, Steak Restaurant and the Fred Meyer Shopping Center. (Tax Map 181 36DB, Tax Lot 501) . Staff Findings Testimony and Cross Examination Staff Recommendation CoMml , ., .44140 Action 6, PUBLIC AEARIKO - Conditional Use 611 CU 9-74 (Trend Leasing) request by Trend Leasing rompany of Portland for approval ' of a truck and car leasing agency on property located at eok'T 11611 S. , Pacific Highway between the Mr. Steak Restaurant 4fr . W. • . .., . , 1 .. . ..! . . . , . - , ( .-1/4„, . . , . . . ,.. , ." ■ -' e • . . ZONE CHANGE " CONDITIONAL USE - VARIANCE . TEMPORARY ( SE • NON-CONFORMING USE . _ . . : REQUESTS . , . • . , .,... APPLICATION F I. 1k -2.r. $0-7( ' Fes tAndr.s. cori....mmoue riwskown.. ' . , ' RAelPf; ik,--,2912A= , TIGARD PLANNING COMMISSION 639-401 DAt. R4,...c.tived 21, 4L- , . • • 12420 SJAL, Main Street, Tigard, Oregr...n 9722 By . . . . • .. . . . . • PLEASE PRINT IN INK OR TYPE , . , . . . . Action Requested Zone Change .. . . , ., Applicant's Name Trend Leasing CO. of Portland- Phone 399-3111 . . •,, . , . Applicant's Address 4305 RiVet Road, N. Salem oreasEL 97303 . . (Street) (City) (State) (Zip) , , , , Owne . Owner's Name Trend Leasing CO. of Pottland p1.14ne 399-7111 Cluti6rQs Address 4305 River Road, N. Salem Oregon 97303 . . (Street) (city) (StOle) . (Zip) , • ' k'. . Applicant ist Owner *,.. * Ctteat;lt Pch ) . : pr Agatt Other c.,...........mi &.tasaa...rt. .....:1.41.=en...sawn...rims (.7 , 1 4t Owner recognition of applicAttont t 24,4 J ° ,„t.. ._. ... - .. . .. . . .. ... I .,.:,..,.,.........--...•- . .) ..tats14..... ........iisiosi.anienictutii.,...m.tvrissi:srAer.. ...aseartrocsiarsi oliti.raanommiriiinvinmessilacesaunrovaerid ' ••■•Wwsurortosatl . ' ' Signatute of Oi.,o'nev($) Pe'tsoil re8pon8ibit tot appliatfta John W. Stewart l ,, ., . 4305 Riltex' Road N, saiem Oregon 51808 . . . „' (Stdt) (city) (State) (up) — , , . ------ ....,.........- ----- -----_-.,.._....._:...- ------ _ -____ —__....,--- ..:_............_,- , . , . . . PROPtATY INVOLValg Tax MAp # TAx Lct,(0 ....,,,.. .i.v..da...iurmi-s4.i.wisiiioriivaime:s..0.466,1 . . . ' Address 11611 Paciid hway, TIgatd, Oregon AltA (Aere8) buiiakaisiel,imaioilvisir.i.issiLk.aso,..iianiaraiieki...J . ■ , . , • 8xistitg 3uil6itg$ (# Atd tYPc) Oh • . Cu -nt Zoting 11,-7 cuiv, t,,:,i vacant Vädan fieid. • , Applicaftt's Ap 13 1 i .0;"-"Itglitrri,gtE5I-'"- ruck Propo$,M Zotlift.q, C i..'3 P4.,,,p 4ed 114, leasing averity ..,„,,,,...„,.............„...,_,.....,.„„..,.......„.......,,,,,..44,....,.........„......, ,. . ' 1.44,11..ak.'ver.i4,44.4-im—*ELt.i.iiii..4.4igi4i.elivial.,x.6.1•oir,.... .' SUBMISSION RBQUIIIIMENT8,1 Lk.) T1H.o. 11.8prt . . . ,N1TAqt Ii. luitetU,tt$ . I I. 14,0, t) Actirt ..,' ki,144,114t.y. M.. • x'''''' l'Ax Map C511',,, De,v,11v.7.eAL P1An illS,I).e ?Lan. . . ,. . . .. , . . . 4., 0431 845 East Main Street HillstiL v,Oregon 91128 saw A Service of (508) 648-2101 r Transamerica Corporation TrarlSarriarlea Trilo Insurance Co CITY OF TIGARD PLANNING COMMISSION RE: Zone Change on the following described property: tract of land situated in Section 36, Township 1 South, Range 1 st, Willamette Meridian, WCO, and being part of a tract descried in deed to Alvin E. Peterson, et ux, recorded in Book 406, page 747, Deed Records, WCO, more particularly described as follows, to-wit: Beginning at the Southwest corner of that tract of land described in deed to Earle L. Miller, recorded in Deed Book 458, page 516, WCO, Deed Records; thence South along the West line of said Peterson Tract 150 feet; thence East parallel with the South line of saidMiller Tract 120 feet; thence South parallel with the West line of said Peterson Tract to the North line of the West side Pacific Hwy. ; thence Northeasterly along said North line 90 feet, more or less, to the East line of said Peterson Tract; thence North along said East line 350 feet, more or less, to the Southeast corner of said Millet Tract; thence West along the South line of said Miller Tract 192 feest to the point of beginning, EXCEPTING THEREFROM that portion thereof conveyed to the State of Ore4on, by and through its State Highway Commission, by deed recorded October 21, 1953, in Book 349, page 436, Deed Records of WCO. TRANSAMERICA T/TLE INSURANCE COMPANY does state as follows:• That Transamerica Title Insurance Company is authorized to do busineSS in the State of Oregon. The attached plat of the property and of the affected area Was prepared by the TRANSAMERICA TITLE INSURANCE COMPAtIV. The attached list of persons, together With their mailing addresaes, holding an interest in the property in the affected area was prepared from the tan and assessment roll of • WASHINGTON COUNTY OREGON. • Dated this 7th day of August, 1974. /T3j R A,1NSALYoJE„w be =MANCE CO.7 • (; ce of Box 360 Hillsboro, Oregon 0123 p— amen(' Or oration 845 East Main Street (508) 648-2101 Treri881111011108 bfle Insurance Co LEATHERS, CHARLES C. AND LILA A-11993-0200 4035 S.E. "82nd PORTLAND, OR. 97266 COMMERCIAL INVESTMENTS A-11993-0500 114 SE 181st PORTLAND, OR. 97233 'BISON, AUGUSTINE C & ANNE M A-11993-0600 % BURNS, JACK H. ETAI 621 SE UNION AVE PORTLAND, OR. 97214 THE MULTOMAH BANK A-11993-0700 PO BOX 19177 PORTLAND, OR. 97219 CASE, BERT F & MARTHA G X-11993-0900 • 11623 SW BAABUR BLVD TIGARD, OR. 97223 • MORRIS, JOHN C & DAISY E A-11993-0800 11621 SW PACIFIC HWY TIGARD, OR 97223 METRO-WEST DEV CORP A-11993-1000 PO BOX 346 TOPLATIN, OR. 97062 FOWLER, CAROL L A-11993-1100 11005 SW 74th AV • TIGARD, OA. 97225 jOHNSON, MELVIN H. & MARY A A.41993-4200 5240 SW 173rd, ALOUA0 OR, 9/005 A, 1 _ . CANUTT, JOHN STEPHEN & SHERYLL 0 A- 11993-2100 10970 SW 74th TIGARD, OR. 97223 NELSON, DAVID J JR & FERN V A.-11993-2200 11000 SW 74th PORTLAND, ORE. 97219 WELLER, WILLIAM F & JESSIE E A-119871700 11645 SW PACIFIC IIWY TIGARD, ORE. 97223 PIERCE, GILBERT E ET UX & KESSLER, JULES A-11993-2500 PO BOX 8855 PORTLAND, OR. 97208 METZENTINE, ELLEN & HENRY A-11993-2600 % STEWART, SAMUEL B . • 911 S 88th ST OMAHA, NEB, 68114 THE ARCH COMPANY A-11993-2601 6149 SW SHATTUCK RD. PORTLAND, OR, 97221 DIAGNOSTIC CENTERS, INC. A-41993-4602 ATTN: THE OREGON BANK 11596 SW PACIFIC HWY TIGARD, OR. 97223 , , . DUANE COMPANY A4-11993-,.0201 3800 SE 2211.d. POLAND, OR, 97202 REITER/ EDWARD M & PATRICIA L. A_;,11993-1300 10945 SW 74th AVE PORTLAND/ OR, 97223 HALL/ DONALD W & CLARA D A-41987-4600 ATTN: EC RAIZ CONST FIRST NATIONAL 8ANX, TOWER PORTLAND/ OR, 97219 ,• 00 (t■ • STACK, RICHARD W & JUDITH A-11993-1800. 10880 SW 74th • PORTLAND, OR, 97223 NELSON, RODERT L & SHIRLEY 3. A- 11993-2000 10940 SW 74th 'TIGARD, OREGON 97223 • 1 • •. • I I f • ' IAMMEM v k LAND SALE CONTRACT • THIS AGREEMENT, made and entered into this 0-45-- day of July, 1914, by and between BEATRICE H. REINHARDT, herein- after called the Seller, and TREND LEASING CO. OF PORTLAND, • an Oregon corporation, hereinafter called the Buyer, WITNESSET H: The Seller, for and in consideration of the covenants and agreements herein stated to be kept and performed by the Buyer, has sold and agreed to convey to the Buyer and the Buyer has purchased and agreed to pay to the Seller the sums of money hereinafter stated for the following described land and premises: A tract of land situated in Section 36, Township 1 . South, Range 1 West of the Willamette Meridian, Washington County, Oregon, and being part of a tract described in deed to Alvin B. Peterson, et ulc, recorded in Book 406, Page 747, beed Records, Washington County, Oregon, more particularly described as follows, to-wit: Beginning at the Southwest corner of that tract of land described in Deed to Earle L. Miller, • recorded in Deed Book 458, Page 516, Washington County, Oregon, Deed Records; thence South along the West line of said Peterson tract 150 feet; thence East parallel with the south line of said Miller tract 120 feet.; thence South parallel with the West line of said Peterson tract to the North line of the Vest side Pacific Highway; thence Northeasterly along said north line 90 feet, more or less, to the East line of Said Peterson tract; thence North along said Bast Line 350 feet, more or less, to the Southeast corner of said Miller tract; thence West along the South line of said Miller tract 192 feet to the point of beginning. EXCEPTING THERIVROM that portion thereof ee,i-riveyerl eo. • e to the State of Oregon, by and through it State Highway ( Commission, by deed recorded october 21, 1953 in Book 345, Page 436, Deed Re-lords of Washington County, 9rogort, t`eil.teci 1,40 / k, , 1:e;$.;,leictv.41 ,f:J , (4), .„41/ PURcAASE PRICE AND. TERMS 0 1/4Q ‹2 The whole purchase price for said land which the Buyer iS bo pay is the sum of Eighty Three Thousand Dollars 083,000.00) eltrS VE/NNARDT - TREND LEASZNG CO. OP PORTLAND CONTRACT Page 1. ■■ 1 0 , „, which shall be payable as follows: • 1. The sum of $20,000.00 as the down payment herein, to be paid upon the execution of this agreement. (a) A payment of accrued interest only will be due and payable on December 26, 1974; (b) Commencingapbruary 1, 1975, the sum of $1,307.92, -Toze, shall bdp and payable, and a like sum of $1,307.92/- r e., shall • be due and payable on or be o the 1st day of each and every month thereafter until all sums accruing under this contract shall have been paid in full. (c) Said payments are to be applied first to the payment of interest due on the unpaid principal • • sum, and the balance remaining of said payments shall be applied on the principal amount unpaid. • (d) The unpaid ba.i.ance of said purchase price shall bear interest until paid at the rate of 9% per annum, and each of said installment payments shall be inclu8ive of said interest on the • balance of said purchase price at the time of making said installment payment. Said interest • shall accrue from August 1, 174. (e) All such payments shall be paid to the Seller herein, at P. 0. Box 606, Margtam, Oregon 97A2. PREPAYMENT PRIVILEGE It is understood and agreed that the Buyer shall have no right to prepay any additional amount of the principal other than the payments provided hereinabove, until January 1# 1976. It is understood and agreed that on January 1, 1976, or at any time thereafter, the Buyer shall have the right and privilege to make such additional payment as it may desire at any time in order to reduce all or any part of the indebtedness owing to the Seller. • TAXES 10 It is understood and agreed that the 1974-78 teal property twtes for said land shall be pro-rated between the seller and the buyer herein as of August 1, 1974, 64.00C REINHARDT - TREND LEASING GO. 0I PORTLAND WNTRACT Page 2. 111111111111"111MMIREMIMINIMINIMMIEWEIMi • • • The Buyer agrees to pay the real property taxes hereafter accruing, in addition to the sums hereinabove provided for, and to pay all personal property taxes, if any, hereafter accruing as they become due, and all public, municipal and statutory liens which may hereafter lawfully be imposed upon the premises. If the Buyer shall fail to pay any taxes or charges, or any lien or encumbrance as above provided for, the Seller may, at her option, do so, and any payment so made shall be added to ,and become a part of the unpaid principal balance and shall bear interest at the same rate as provided in this agreement, without waiver, however, of any right arising to the Seller for breach of covenant. • POSSBSSIOt1 The Buyer herein shall be entitled to possession of the premises as of At:cgust 1, l974; { / Y y y l DEED Upon payment of the entire purchase price for thA property, as provided herein, and performance by the Buyer herein of all Y :. other terms, r{.onditions and provisions hereof, Seller shall forthwith execute and deliver to buyer a good and sufficient deed conveying said "property free and clear of all liens and y�,f encumbrances, excep ..those placed upon the property or suffered to be placed thereon by the%B -r subsequent to the date of this agreement, Tv= YNSUAANCE It is agreed that the seller shall forthwith provide the Buyer a Purchaser's Policy of Title Insurance, iti the amount 014) RSIN fAADT TA8Nb ] AS/NO CO, OP POPTtNb Cole.ACT Page 8, • 4," k of $83,000.00, insuring the Buyer as to the title of the Seller as herein represented, and upon final payment of the sums herein provided, said policy shall be accepted in lieu of any further or other evidence of the.. title of the Seller, US1 OV PROPERTY The Buyer shall maintain the property described above in • good condition and repair and shall make no improper use of said property, and shall permit no liens to be made or filed against said property, or any part thereofiuntill.the whole purchase • price and accrued interest have been fully paid as herein provided. Said Buyer shall do or suffer to be done nothing • which will impair the security of said Seller in said premises. If any snch4 lien or encumbrance shall be suffered to be placed thereon through or under said Buyer, it shall immediately cause it to be satisfied and discharged, and shall at all tis save said Seller and said premises harmless from, and keep said Seller fully indemnified against loss on account of any and all such liens and encumbrances. REPAIRS AND IMPROVEMENTS Buyer shall have the right to alter, repair or improve said premises in any lawful manner, as long as said alterations, repairs or improvements conform to applicable existing statutes, ordinances and codes. RBPR.8SENTATION8 The Buyer certifies that this contract of purchase is accepted and execuhed on the basis of its own examination and knowledge of the premises and opinion of the value bhereoft that h0 attempt has been made to influence its judgment that no RVINHARDT TRBNO .68A8INO CO. OP PORT CONTRACT rage 4 614/ L/4 4 - 6 i4 J , • ' I representations as to the condition or repair of said premises have been given by Seller or by any agent of Seller; that no agreement or promise to alter, repair or improve said premises has been made by Seller or by an agent of Seller; and that Buyer takes said property and the improvements thereon in the condition existing at the time of this agreement. DErA CULT In the event that Buyer shall fail to perform any of the terms of this agreement, time of payment and performance being of' the essence, Seller shall, at her option, subject to requirements of notice as herein provided, have the following 1� rights 1. To foreclose this contract by strict foreclosure in equity. 2. To declare the full unpaid balance of the purchase price immediately due and payable. 3. To specifically enforce the terms of this agreement by suit in equity, 4. To declare this agreement null and void as of the date of the breach and to retain as liquidated damages the amount of the payment theretofore made upon said premises. Under this optior all the right, title and interest of Buyer shall revert and revest in Seller without any act of re-entry or without any other act by Seller to be performed, and Buyer agrees to peaceably surrender the premises to Seller, Buyer shall not be deemed in default for failure to perform any covenant or condition of this contract, other than the failure to make payments as provied for herein, until notice of said default has been given by Seller to Buyer and Buyer, shall have failed to remedy said default within ton (l0) days after the giving of the notice. RtINHAROT T1VNb =SING GCs. OP PORTLAND CONTRACT Page 546(44/ 0 • d (L. If Buyer shall fail to make payments as herein provided and said failure shall continue for more than ten (10) days after the payment becomes due, Buyer shall be deemed in default and Seller shall not be obligated to give notice to Buyer of a declaration of said default. ASSIGNMENT It is understood and agreed by and between the parties hereto that the Buyer herein may assign any or all of its interest in this contract to WILLIAM J. CLAUSSEN, WILLARD R. • PRItSEN, or ROBERT M. aOHN5ON, in any combination or percentage thereof. The Buyer shall in any event remain e liable for performance hereof, With the eAlJepbion of the above paragraph the Buyer shall not assign this agreement or the estate or interest of said Buyer, without first having obtained the consent thereto in writing of said Seller, and any attempted or pretended assignment thereof shall be invalid in the absence of such „.' previou4 consent in writing of the Seller, However, said consent shall not be unreasonably withheld by the Seller. SUCCESSOR INTtRtqT8 The covenants, conditions and terms of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, adrinistrators, executors and assigns Of the parties hereto. COMPLVTA AOREEMBNT This document is the entire, final and complete agreement of the parties pertaining to the sale and purchase of the R8INgAnDT R810 IIVA8INO COY OP PORTLANb TPACT Page 64 M'P 610., within described property, and supersedes and replaces all ' 1 written and oral agreements heretofore made or existing by and between the parties or their representatives insofar as the within c+escr.ibed property is concerned. NON-•WAIVBR The Buyer agrees that failure by the Seller at any time ..'J to require performance by the Btter of any provision hereof shall :in no way affect the Seller's rights hereunder to enforce the same, nor shall any waiver by Seller of any breach of any proyision hereof be held to be a waiver of any succeeding breach of the same or any other provision of this agreement. tCh p '-t:es ac r to shams equauly ie costsb prepay ion f ■ of ti is agre ent. ''�' A'.C',L'oRNBY's In the event that it is necessary for either the Seller or the Buyer to maintain any Suit, action or proceeding upon this agreement; or if any appeal is taken therefrom, in connection with any controversy arising out of this contract, the prevailing party shall be entitled to recover, in addition to such other sums of money or performance this hereunder, such sums as the Court may adjudge reasonable as attorney's fees in said, suit, action, proceeding or appeal. TAX STA'1'B.MSNTS thrtil a change is requested, all tax statements shall be sent to the following address tU I 1A1T a TRBDID litASINC CO, PORTLAtb CONTtACT Pais ei , I,, . . , , TREND LEASING CO. OF PORTLAND 1095 Commercial St. SE Salem, Oregon 97302 IN WITNESS WHEREOF, the parties hereto have executed , , . this instrument, in duplicate, the day and year fist above . 1 written. ,) 7' !'2 t'4o.v /I• :.{ 1,6 ILf ...i .j'--- I Beattice H. Reinhardt SELLER •. TREND LEASING CO. OF PORTLAND By: . (-I-214' CZ.J,-__----.• __ I President . ' BUYER • ,' STATE OF OREGON ) . , j ) ss. Cotinty of /462/0A, ) . . Yuly , 1974. . ‘ 4 Pei appeared the above named BEATRICE H. REINHARDT . \ and acknowledged the foregoing ".1.-;; ' t to be her voptitat act. Before Me: (_.----" Not ty Public for Oregon -----,--, My conmission eXpirest STATE OF OREGON ) ) SS. County of Marion ) auly t5,':-.R; , 1574, , Personally appeared WILLIAM a. CtAUSSEN, Who, being sworn stated that he is the President of TREND LEASING CO. OE PORTLAND, an Oregon corporation, and that the seal affixed hereto IS its seal and that phis instrument was voluntarily signed and sealed in behalf of the corporation by a on N of its noard of Direchors. titOtO MO: / 4 1 le .../Wy 0 e...--------------i tfotati9 Public for Oregon • , ,.., ....- My commission expires: REINHARDT - TAEND LEASING CO. OP PORTLAND CONTRACT Page 84 4 qA C S. I GUARANTY We, WILL/AM J. CLAUSSEN, WILLARD R. FRIESEN, and ROBERT M. JOHNSON, hereby guarantee unconditionally, unto BEATRICE H. REINIHARDT complete and prompt performance of all obligations of TREND LEASING CO. OF PORTLAND, an Oregon , corporation, under that certain contract entered into on the day of july, 1974, attached hereto, and made a part hereof. In the .event that TREND LEAS/NG CO. OF PORTLAND fails to keep and perform any of the covenants contained therein, or • fails to pay any of the payments due thereunder, upon demand, we promise to pay all sums which the said TREND LEASING CO. OF PORTLAND should have paid, together with court Costs, collection charges, expenses and attorney's fees in connection therewith, and further agree to perform all of the covenants which the said TREND LEASING CO. OF PORTLAND should have performed. We hereby consent that said Seller, her heirs,' personal representative or assigns, may extend, modify or change the time of payment and the terms of performance of said contract at will, including the waiver of any term or provision as she may see fit, and that she may settle and dompromise any sum to become due thereunder as she may deem reasonable, all without releasing us from liability under this guaranty. We further waive all notice 0.t- 13uyer's nen,,payment and non-performance and notices 4c4 of overy kind and nature. DATM this day of July, 1974. 44 C A J. C' aussen M,./johnSen ,1/41 // GUARANTY Page 1 0, . •, . • t*, r/- ). ( • / • STATE 010 OREGON ) ) ss. County of Marion July (5;?. ? , 1974. . • Personally appeared the above named WILLIAM J, CLAUSSEN, • WILLARD R. FR/ESEN, and ROBERT M. JOHNSON, and acknowledged the foregoing instrument to be their voluntary act. Before me: ;doe • • Not ry Public for Oregon My commission expires: d„,o c973 4* • • ••• • • " • • • V I„ .• \ • • • • • OLIAnANTY Page 2 • • • . .• APPLICATION FOR ZONE CHANGE AND • CONDITIONAL USE PERMIT APPLICANTS: TREND LEASING CO. OF PORTLAND The Applicants feel that it is in their best interest and also it will make the Commissioner' s job that much easier if they present an overview of the whole proposed use of the property rather than a piecemeal presentation. The whole subject property is outlined in red on the tax map and is to be used as a parking area and operations office for a truck and par leasing agency, subject to, of course, favorable reaction to the Applicants' requested changes. The rear section of the property outlined in yellow, away from Highway 99W, is to be used as a parking area for trucks and later for cars also, That particular lot must be rezoned to C-3, the zone now existing upon the remaindelc of the subject property Once the total property is zoned C-3, then the petitioners can request for a conditional use permit upon the total property so that they may conduct their leasing business, The front elongated strip of the total property is to be used as the customer access area with an office located approximately in the middle of this area, An existing abandoned car wash structure will be APPLICATION 1001 1 ZONE CHANGE AND CONDITIONAL USE PE1NIT Page l V remodeled and used as an office. A limited portion of this • area will also be used for parking purposes. The legal description represented in the title report is that of the whole subject property which is outlined in red. From that description we have extrapolated an approxi- mate legal description of the back area we are requesting a zone change for. That legal description is as follows: A tract of land situated in Section 36 , 'ownship 1 South, Range 1 West, Willamette Meridian, WCO, and being part of a tract described in deed to Alvin E. Peterson, et ux, recorded in nook 406, page 747, • Deed Records, WCO, more particularly described as follows, tl-wit: Beginning at the Southwest corner of that tract of land described in deed to Earle L. Miller, recorded in Deed Book 458, page 516, WCO, Deed Records; thence South along the West line of said Puterson tract, 150 feet; thence tast parallel with the South line of said Miller tract, 192 feet, more or less, to the East line of said Peterson t tract; thence North along said mast line 150 feetp more or loss, to the Southeast corner of said Miller • tract; thence West along the South line of said Miller tract, 192 feet, to the point of beginning • EXCEPTING THERETROM that portion thereof conveyed • . to the State of Oregon, by and through its State Highway Commission, by deed recorded October 21, 1953, in Book 349, page 436, Deed Records of WCO. The title report also contains a list of properties Within the 300-foot boundaries of the large tract of land which, of course more than complies with the list of pro- . perties requested for the zone change of the smaller yellow tract, or the reasons of congruity and order we respectfully request that the zone change from R-1 to C-3 upon the back APPL/CATION VOR ZONE CHANGE AND CONDITIONAL USE PERMIT Page 2, lot, outlined in yellow, be considered in conjunction with our request for a conditional use permit on the total subject premises, outlined in red, to allow the petitioners to carry on the business of car and truck rental. 4 APPtliCATION OR ZON8 CHAN= MW CONDITIONAL USt PEIRMIT Page 3. I «.. _. .. gym........ ..............�. ,.., .._.^_....r_..- .,. .,_...,.,,--..,.....,. .,.,-r+,,.,�,...._..M -.R,......,......m,._......,..-,....-..-."..,,,.+,,.._-...-.,._..µ..,.-+r..r.r.-..L....0.r,. 1 4a,am. k, �,.a ,,, ,(4 is • (If: t•; $ , N G E . f . . bt •.d16 e M tr) . A� . f / SFIO S d 041 G :„,..btl4 ..,Q.. i wt .«. .1,,,r o,+ Itsok y4/1111 •• 2.: Oic f 2300 •ib ;�A , }, I.a4 AM ,� ..-._ 1111.0 n a 1 N ✓ashin ton C.� �y !' Tiga fd i�^"+ 1E tittA,COAAA”- :filiii:•.:1$?:::***4.'4.0:1;411:4ili:i. 4S11+6?0 V4t Ca(4:6-42* 1 'fAiiic.t,:::::._,:•• :44:::4::•%:.$: , ,. 1. e:V:::•:::1•44:'..0'.;;;...*:::ti,t,'4."T.::•!. c,3 : . , x •z":,' .AYY•.:.:: :•ti.::. . ,, I ,.!, U . .4), �snot,E 1 441.Q0� , :' b h f tl 1 G — !::•;.*.•h r : %�*:.'•��,A 11 A 1 .1.'' i i r+ ` I sr .50 .i!!! ?ASANO REQUIREMENTS A. for Pr222E2d_ Zone Change The total lot would be used initially as an office and parking lot for the leasing of trucks and eventually some automobiles also. The back parcel, which is now a vacant lot covered only with tall grass and weeds, would be converted into the main parking lot. The remainder of the subject pro- perty would be used for the office and a few parking stalls for vehicles. B. Conformance with_ZigAnA s Comprehensive Plan There appears to be a high degree of harmony between the comprehensive plan and the proposed use of the subject property. The land use map of the comprehensive plan desig- nates that the property lies within the "general commercial" area along Highway 99W. The plan states that a "general commercial" area can accommodate a retail use which is benefited Ly a highway-oriented location. The trucks leased Would most certainly be used upon the highways to provide the hauling of household and other goods. The "general commercial" category states as its objec- tiVe8 that "adoessible locations# visible from major streets, , . for uses that depend on highway traffic" be provided. The petitioners feel the present site is, in fact, one which will be visible and accessible from major streets t being right on VASANO REQUIRtMtNT6 Page l. 4 Highway 99W; and, of course, no business depends more on highway traffic than the vehicles which will be rented out by the petitioners. A second objective of the plan is to "minimize the inherent conflict between the safe, rapid movement of through traffic and shopper traffic on major streets" . The nature of the business conducted by the petitioners will not generate a great volume of traffic. They will not be flooded by many browsing shoppers. The only traffic . 4 will be that of their customers who drive their vehicle' into the lot to rent vehicles and their exit onto Highway 99W with those rented vehicles, The petitioners $ past experience with traffic at their locations in Eugene and Salem bear out their feeling that there will not be a • conflict between their business traffic and that on • Highway 99W. Their Salem location is on Commercial Street, easily one of the busiest streets in that area. No traffic problems have arisen at this location. In ugene, the petitioners are located on Eighth Street, also one of the major streets in that area, and also without any traffic problems. • The size of Highway 99W itself would best allow ingress and egress of the vans which the petitioners will rent out. That was the petitioners perception in picking their loca- tion in the light of their past business experience. EASANO PIQUIRVIaNTS Page 2, 4 The plan also talks of the amenities of proper signing and landscaping. Petitioners wish to express their desire to comply with any regulations regarding proper signing and landscaping. Their desire is to take an existing eyesore and make it into a business which can be both efficient and pleasing to the eye. The back lot, outlined in yellow, will be blacktopped, this lot presently occupied by weeds and tall grays with no trees. The rest of the property is now a defunct car wash upon which a delapitated structure sits. By renovating the structure, or if necessary starting from o . the ground up, a pleasant looking structure will result. The subject property will become an asset to the area as are the ugene and Salem locations of the petitioners, not a liability as it now appears. n sum, the real issues, as the plan states, boil down to "traffic safety and visual problems associated with strip commercial development" . We feel that traffic safety will be no problem as evidenced by petitioners present conduct in Salem and Eugene. The visual problems seem to be taken care of in the petitioners' plan to take an existing eyesore and turn it into a professional, pleasing looking business. The fear of strip commercial development 0ould not be a concern here. The "plan" itself calls for general commercial buildup in the area. The petitioners' proposed Use its in rASANO RtQUIRtMtNTS Page 8. ,• ' well with the existing uses now almost surrounding it in the area. C. Community Need With today' s skyrocketing costs, the average citizen is having to become a "do-it-yourselver" more often, That holds true in the leasing of trucks. The demand for trucks to move one' s own household goods has risen sharply of late. Big hauling jobs require bigger equipment, but most people are not able to afford the purchase of large trucks. But the hourly or daily rental of the same truck can fit into -.- 4 - most people' s financial schemes. The leasing of cars is also becoming a more frequent occurrence, especially with the spiralling costs of new cars. With Tigard' s growing population it can well use the service provided by the petitioners. Any like services already existing in the Tigard area are only on a very small scale, not fulfilling the growing need for these ser- vices. The petitioners plan to have a more than adequate number of trucks available to th,.1 community at large. D. Changed subject property is now in the middle of a large retail complex. The continued maintenance of the residential toning upon the back lot would not be in touch with the surrounding area. Directly to the south of the proposed 10A8ANO MIQUIREMENT8 rage 4. • parking area is a restaurant with its paved parking lot. Also adjacent to the south is the existing car wash and its paved area. Directly to the east is the back wall of a large shopping center. Also adjacent to the subject pro- perty is a service station. Directly across Highway 99W are retail establishments also: A drive-in theatre, a donut shop and a store, to name a few. The whole area is developing as the comprehensive plan envisioned—to that of a commercial area. It is hard to imagine any residential building upon the back lot, said lot being bounded on two sides with concrete and asphalt. The use of the whole property as a parking and rental facility is completely content with the surrounding area, especially the adjacet't shopping center and its huge parking area. E. Suitable Location • The previous paragraphs also explain why the subject property would be highly suitable for the petitioner' s business rather than another location The ease of ingress to and egress from Highway 99W greatly facilitates the accessi- bility of u4 safety to the public tn the present location. Also the existing adjacent Ha8phalt" appearance of the restaurant, service station and huge shopping 6enter makes • the petitioners u. o fit right into the existing pattern VASANO RtQUIMMT8 Page 5, !, ' '‘A'* )) '1',:■ ill% ' 1) L 1 ) whereas, in another area it might not fit in, but rather stand out. l , The already existing water and sewer service provided to the defunct car wash will more than adequately service the petitioners employees and customers, thereby facili- . ,, 4$, tating no further load or the existing systems. ,,,,•)1 , ,;,.' r. Effect. .9a_. A.I.La_ger_IL111.922res ,':, We feel the proposed use of the subject property will A bollefit all adjacent property owners. The existing retail establishments will benefit from the conversion of an 4 .t ok unsightly field and decaying building into a nicely black- :A ', 4. t i, , topped lrea and a remodeled building on the premises. For 1, .' Yo the same reasons we feel the residential dwellers to the g c adjaent north will also benefit from the "clean up" of k' V, the area. At present all they have to look at is a field 1 , overgrown with weeds and a high concrete back of a shopping center. G. Public Service Needed The type of business petit _oners operate will need very few public services, it being a self-sustaining enterprise, Sewer and water lines are already in, H. AI12.4.2:b_ar/1252mnitY. The petitioners can foresee no adverse effects upon , , k the community. They were careful to pick an already highly ,:,',' ',: 0,, VAJANO ABOXIMENTS Page 6, , , ,::::vi 1 u 'ikr (l■'''1',"'' '," .,),' %.• V-, i• I V ilt.i il ".Aq,' 1 ,■ t''..1, { t1 f), : 6,,t !'4 developed commercial area so that the impact would be h,, .r;■: . minimal, if at all_ However, the petitioners wish to express .'.'..' 4t i their desire to heartily comply with the reasonable requests 1J , . of the Commission in their quest for community betterment. p;t„ no' / . 9 ,f47 ----------r‘t--,-- Joh4/W. Stewart Attorney for Petitioners .g4. = ,. 3 r r10', I fr ,“ r°t'4 ■ %• ' l' ,'i• o ( 1, 1 e k , .,,,,... VAahNO PBQUIRBMVNTS Paqo 7, ... , h4 . t , ;„.• ti4�J cl 4k!n: ,Ld#, !u iI Ilbr' EXHIBIT "A" 1. The Ti and Communit tan designates the subject site General Commercial, said plan stating these areas are to accommodate a range of retail and service commercial Lases that benefit from a highway-oriented location. The development of individual •'+r;. properties in these areas should take into account the traffic- f''' safety and visual problems associated with strip commercial development' . The present pattern of development along Highway 99-w is not desirable. It is dangerous, inefficient, cor>+ei tug and unsightly. " 2. That applicant's request conforms to the land use designation 1' described for the subject site by the Tigarc Community_plan. 3. The applicant has not provided proof necessary to determine community need for the subject zone change. 011 page 4 subsection • "C" of the applicant' s "rasano" response, the applicant states simply there is a growing need for truck and auto leasing services because of increasing population and the increasing costs of moving and private automobile ownership. However, the applicant does not state if other similarly zoned properties were considered for use nor if they feel community need exists ;'4' for additional lands zoned General Commercial. Alternate C-3, r !x General Commercial sites do exist adjacent S.W. Pacific Highway. • 4. The applicant has not proven the proposed zone change will not • !.:_' have a deleterious effect on the adjacent residential area, stating they propose to improve the at 4. That the applicant has fulfilled the requirements imposed by the Oregon Supreme Court Fasano decision. ti`s t,s1ti <I• I rjy � {q I � I .;lu lA.hY Yf ,1* ti+r`ir July.+. Pk A 1 '0. •,r7; . .„ .' Si 'FE DE' VELOPIIENT I'L AN .,„ .0. • V,,t ■6 1,..: NI, ,.., vi.. ,.. ci ..,:i ,. „.., • .„. , :'`.'''..!;'. .414-,•-•,........, . ■ -17-04',----.--- •.• ,. _,:ri, ..........,----_-_,.1.72f . • • . ■., 44' I .. ,-; I,. i ti F.?t sll, sttthee., A Oprio* Tt.ex.■ ' '..;i,,.... „ 1 *.400.01 i7V,•': emomar 4.4 , • 7 ...e. 1' )' A4....°..°' . . . . .,. . ' , ".1;:,.■,, . . ....."".''''''' i 14.s. ,... i., ) t .1 . i',1■:,,,'I: .,,,.. '41,:".''.'L''''.,.';'.-:.......----,.!......:7,.. ‘'.:.:... ,',','..%.''...,',..'..''''."'''''.';,',.'''..,,,,:,,,,,,,, ,:,'..,.."Iiiiiiiii;tittii6lititiiiiiiiiiitiiiiiillitaiiiistaiiiiiiii;;::C'..;::::;',:'''::;:i.':T.L1 '''''','''.;:,'''.'.-:.::',:''''' ':;',ir::•::'''''' . - -,,,,--- . _______________ k- r,k ') Ar: , .:' , . l'A % I VfV . . SITE DEVELOPMENT PLAN ANNEX •%.: iY .W, . UTILITIES : Will be used from existing building, 4 water, sewer, electricity, phone service EASEMENTS None '14 C bRAINAGE: Peti r tione will blacktop the back parcel, l will provide adequate drainage commensurate with local drainage patterns . LANDSCAPING: Petitioners are aware of city ordinance requiring 10% of total lot landscaped ;! . . and will comply, At present petitioners IV: are awaiting final development. plan which i will have landscaping incorporated, As to front 10-foot landscape requitement, petitioners welcome suggestions from * Commission as to how to accomplish. this • ,.,...,. and provide adequate ingress and egress for its vehicles. ' ,N .t , OH 1:? -4„ :. . N.: ,,. . , . ._ . . , ,..,. . „,--------.- -- -- ''. ''.. .."-- - ---;-:::--**:. .-: ,,,-.---„,-...-7 :;___*,:-* ,.:-: ,--......*- ,,,7:, ,'-...,.,_,7 -1„,-...*.- -2.-r„*-_-_- ,.-!_ -_,. 2,---„-,-,..,... ...„.- .,* ;-,'---------"-...,:---: - ',L.:,,-*-3.-:4,-:7,-;-_..'”*-4,-„,.; -„,= ---,- ..,.,„,..-*--_:,--"„*.*_-,--,=-----..,-1:,t,•---,„.;* -.,....--,---'=••-r-`,.;-..-",,,-= .. ...-..-:,--c.---,f.,•=.-- , *----- I [ 1 1 1 1 1 cu _..,,;-3 S. , .'L , ,-..............-........ 1 ------,.. CITY OF TIGARD , ._ '? P M P.O.Box 23b5i . -. --4-1-1 'reu.' left nr3$14:::::0vin 4. — ..."--,------ft, Tigard,Oregon.97223 /q7A '-- ' -c,,-------.,----— --- - 1:17,4 (_ __Lcioted , --- rtl e Zr i,v9e,v,ler 1 1 — _ _ , v Lb' Di agnost- - Centers, Inc. Attn: James. B. Daniels 21 qasonic Bldg. :alem, Oregon .. . .. . 1. _..... a - I . . I 'S:t-rri i ' t , ' 1.91TER . .. .... - , ,- -- t; '-;T:::;:-.:::::•°::: -.I.-:::::": --'-''----''---'=-v--':--- --=,-;'----- :'•'-'7:-'-''I-•-':''"'r'-'-''-::'7----;'-=•-'--.i'''='-'-:-f-..-•'-'-;----Tr*-''I--'-''------'='--;--.'-i'-,-'-;''-f';', -,;-''-''--:' =--'..:---::.:T--.'-'.':',--'--:l:':'if:--=T-:''--;''''-:;:;.--_,:;',7---:.1"=:_-,;''f---'''-',:;';'-_=';-r__:;-.=:_P5:'„'-?r2:'-::i'''Ef-'iV?ij::':;;i:,-X- '-,F:-'2='-.=;-.1;--,:-,'i: ).-Y-g------'-'•.'.:P,::'J.:-7-.-,?::T_.==-_,j;-,7: .;!_-!,-7-f:-,T1-&-.7-:.::'-1::•n':--t:j;i3-:i-,'.,-.;'g';'2:,'z--WA-;._!'-fA•IT•',;.-:iq;-t;--,'-_ -E;'-,7-.'-•=:S•'--',„=:--i"-r-'k,,---i_-.,.-:-X:-,Q:;..:-,-;-:.. '.! • ; . . - . .•-: ' ,.,v slf-r ., _ ; terst--- , .., k 0Box.2-, :A DP VS Uca-t-7 -------' .. , s: ..., . _iT; t PM f.• t M. . 1-1 s_, "'-•— t'"---I- L'iL44q UcF' . !... €.1 .e Tigard,.Oregon-1 2A SEE - a 7IP CODE - f - - d, f,-- __T,, , ,,11 fps:147-1;— 5 SEP- 1,;;,..,.,-,:,_471'" • If, -__,,,i1... L. . m,--.,... - .. -I •- - a;ia7;0'57:7;',-: .---------:. i (124 1* ■, I. IT_ ri -.., . , .---- ' '--- C-t,,FD t,„-, i 4 r_ - - •--, .;-- I Ronald K. & Clara O. Hall --- 19/4 11655 S. W. Barbur Blvd. „.: Portland, Oregon 97200 i-„-,--: poRlifiii), C-ifiE014 . illsibt SNI CS 1' f ORV I Pali) . .- . UtINIU7. , ._.., :'..= ...-, .,, 7---,--, _..: -;:•.-:-„: ---1-------.--'-i-,-,-.-„: .`-:_..-7-,1.=..:---;---.,-;;,-.:,71:-: ::-..:„.7.--i-_,- ..,.--_--_-:---;::_;77,f.1.----.J.,,i.,r-,..:::::7.1'.7_ 2:-.;:=:i..;-;:;:-.:7:-'7-1:----;:n.-If-------; -----::.'------,---;:-=ti.7.-;---1"-:-?:-:-..7-'.-';1,:"-,!•,--'-:--F,:':-;-.-- =--:- ',:,--,,..,,,5,4-,-,,,,:-,:=-='-'-`,_„....7 -,` Z,-;_-_-:‘,:.---; *.-L--;-----------V,-,:".1=';.-.=,?.. --:-:,,,1"---._:»4,,,,,.-.--77:,-.17':-1-4.---,,-",,,-?..1k-,:t=;,',4,-:-.7.-'4'.'::::,.':.,:f4-,-...42i,-•:-.. I i I , : 1/- 1 .. - • -,,,,,. - CITY OF TIGARD P ; .O..Box 23557 - :-.4- .. Tigard,Oregon 97223 . -.,...- 5 "..' - - ;,, .4.---,--- . -•,;-._:, .1,*-'----.....-4...i. 5i4 -574 ---4 . -g• -... \\Q„....R,__.E>:,.ri• ;-;i,,14_,F.,,,.:,,,,.:a 4,44,,..- •, ,".---...-- -- .''''--"''''',7....... ' - , Carol L. Fow r , 'F. - ,. i --, ---, 11 605 S. Ifs 7 th Ave. , fVkili.11:1,i;.:7:7 L-t ko, r Tigard, Orego, 97223 - dii • ( #4,,,....f... ....,,c4, 1 NAP167,,a1 - - , . _ _._ le '= ,.., -,- _..., 4 :`... ,- - -,- f..' -.3- ..E - -. = ..,- ,,. - . ----,,_--..-1,,, '--.. --_.-_•-,--•,.7, .----4,':-- ■."-':-,',tn--, t'__-,'---:-_ ,---,q'-L_r i'--;!...,a:'. --,:_.-Z-",--'-..-,:;2.:C--;'_:.fr:`,F--..='--.±:4-,!--:-.T.::::1::::-:6.-...v;;1'.:::=T:-:,*-...,::4::::d5f --sz.':-2.5.7::_i.;E::;"_-:.1;-11-?;E:::_:::