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Ordinance No. 74-21 CITY OF TIGARD, OREGON ORDINANCE NO. 74-, AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY OF TIGARD HERETOFORE DESIGNATED AND KNOWN AS MR. STEAK AREA FROM WASHINGTON COUNTY ZONING AND USE CLASSIFICA`1'IONS TO EQUAL AND COM— PARABLE ZONING AND USE CLASSIFICATIONS OF THE CITY OF TIGARD THEREBY BRINGING SAID AREA RECENTLY ANNEXED TO THE CITY OF TIGARD INTO CONFORMITY WITH AND SUBJECT TO THE ZONING ORDINANCES AND REGU- LATIONS OF THE CITY OF TIOARD AND TERMINATING THE APPLICABILITY THERETO OF WASHINGTON COUNTY ZONING ORDINANCES ORIEGULATIONS; FIXING AN EFFECTIVE DAVE ANIS DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS A$ FOLLOWS: Section 1: The City Council finds that certain area heretofore designated as "Mr. Steak" area,as more particularly described on the attached Exhibit "A" , and oy this reference made a part hereof, was annexed to the City of Tigard by recent order of the Metropolitan Boundary Commission and confirmed by City Ordinance, and that said lands were heretofore subject to zoning and land use jurisdiction of Washington County, Oregon, pursuant to Section 227.310 ORS. Section 2: That the City Council further finds that after due and legal notice as by City ordinance required, a hearing was duly and regularly held by the City Planning Commission ,on MarC„_h S� 1974 , Xt}}RhiCXXXxXRXXXXXXXXXxXXXXxXxSdX whereat all interested persons werXe afforded an opportunity to be heard with respect to the conversion and transition of the said lands described in Exhibit "A" from County zoning and land use jurisdiction and classifications to comparable and equal zoning and land use classifications as provided by the ordinances of the City of Tigard, and thereafter the Planning Commission, pur- suant to Section 18.56.040 of the Tigard Municipal Code, submitted findings and recommendations as hereto attached, marked Exhibit"B", and by this reference made a part hereof. Section 3: The Council further finds that after due and legal `—`- notice a hearing was duly and regularly held by the Council at its regular meetings of March 25 1974 Ana xxxxxxxxxxxxxxxxxxxx� whereat all interested persons and the general public were afforded a further opportunity to be heard with re- spect to the proposal to transfer zoning and land use jurisdiction from Washington County to the City of Tigard and to reds gnate the classifications and uses of said lands from Washington County designation to equal and comparable classifications and uses of the City of Tigard. The Commission's findings as filed with the . Council are hereby adopted as the findings of the Council. Section 4: In accordance with the foregoing and in conformity with the Zoning Ordinances and Regulations of the City of Tigard each of the tracts and ownerships of lands described in the attached Exhibit "A" and the zoning ,use classification of each thereof. be.and.the same is hereby ^changed and reclassified f cora the Washington County use classification hereinafter set forth as applicable to each tract and ownership to the equal or comparable City of Tigard zoning and use classification hereinafter appear- ing and each and all of said tracts are hereby subject tothe requirements of Title 18 of the Tigard Municipal Code applicable to each of said land and use classifications: Page 1 ORDINANCE No. 74-_.2.4.,_- Washington County Use City of Tigard Comparable Classification and Equal Use Classification B-4, General Extensive C-3, General Commercial Commercial District to Zoning District RU-4, Urban Residential R-7, Single Family Residential District to District Section 4: Inasmuch as it is necessary in order to preserve the integrity of the land use regulations and to provide for the immediate transfer of the lands described on Exhibit "A" from County Zoning regulations and ,jurisdiction to City zoning regulations and jurisdiction and to enable the City of Tigard to protide for the proper utilization and use regulations of said lands, in order to protect the public interest and the peace, health and safety of the people of the City of Tigard, it is necessary that this Ordinance become effective with the least possible delay, and therefore an amergency 'is declared to exist and this Ordinance shall be effective upon its passage by the Council and approval by the Mayor. PASSED: Ey unanimous vote of all Council members present, after being read three times by number and title only, this twi day of April, 1974. Record'e_"r a�City of `['ig�ai-d v APPROVED: By the Mayor this Bt% day of April, 1974• Mayor -City of igard r Page 2 - ORDINANCE No. 74- _ �, x r, q Webber-Reinhart Steak } EXHIBIT "A" Beginning at the stone with a cross at the Northeast corr_er of the George RichaYd or, D.L.C. No: 55 in Section 36, Township 1 South, Range 1 West of titre W.M., in Washington County, Oregon; thence North 89000, west 816.7 feet along the North line -of said DLC to a 1 /4"x3" strap iron; thence South 0029' West 450.5 feet, more or less, to a 1' iron pipe in a fence line; thence South 89o00 ' East 160.0 feet to a 1/2" iron pipe at the true point of beginning of the tract herein described; thence South 0629' West 593. 4 feet to an iron pipe in the North right of way line of the West Side Pacific Highway; thence North 54002" East 938.70 feet along said right of way line to a 1/2" iron pipe; thence North 0° 29' East 4-50.0 feet to a 3/4"xl" iron bar; thence North 89000' West 192.0 feet to the true point of beginnings EXCEPTIIIG THEREFROM the following two parcels : That portion 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. AND , Beginning at the stone with a cross at the Northeast corner of the George Richardson DLC #55 in Section 36 TIS, R1W, W.M., Washington County, Oregon; thence North 89° 00' Test 816.7 feet along the North Iine of uid Donation Lund Claim to an iron; thence South 0 99' West 450.5 feet more ar less to an iron pipe in a fence line; thence South 89000 ' East 160.0 feet E.o an iron pipe at the true point of beginning of the tract herein described; said true point of beginning being alr.o the Northwest corner of that certain tract of land de- ., scribed in dried to E. S. Goodell et al recorded in Book 347, page 667, Deed Records, Washington County, Oregon; thence from said true point of beginning South 0029' West 100.0 feet to a point; thence South 80000' East parallel to the North line of the said Coodel l tract 192.0 fret more or less to a point on the East line thereof; thence North 0° 29' East 100.0 feet to the Northeast corner of said Goodell tract; thence North 89° 00' West 192.0 feet to the true point of be- ginning. SUBJECT TO easements# conditions and restrictions of public record,0 '`�: �:_ rights of the public in any portion within roads, the usual printed`-,.m.,�. nrcepti.0:es„of tit]('.- policies, and the leasehold rights of all persori��'"�_ in ,possession of the ,premisen, �IG}ARD PLANNING COMMISSION Staff Report t March 5, 1974 , Agenda Item 4:3 ZC 5-74 (City of Tigard) x Y Zone_ Change For property located approximately at 11609 S.W. Pacific Highway, being ed b the Mr. Steak Restaurant and an abandoned car washss500cande occupi501). Y TLot subject site comprising 1.89 acres. (Tax Map 1S1 36DB, ax f; Applicant _E City of Tigard Applicant's Request Approval of a change in zoning classiciations from the existing County zoning to comparable City zones, with one exception. Those requested changes are summarized as follows: ExistinP County Zoning Proposed Cityity onin� From: RU-4(old R-7) Urban Residential To: R-7 Single Family Residential District ' erci8l From: B-4(old`C-2) Extensive To: C-3, General CO7un ') Commercial District With the exception of the triangular shaped portion of Tax Lot 500 currently proposes change to City C-3, General zoned County RU-4 (old R-7). City Commercial. Applicant's Proposal To facilitate administration of Tigard's planning effort and to carry out the intent of the Tigard Community Plan by bringing County zoning into conformity with the City's zoning ordinance. i Staff Findings 1:- Oregon Revised Statutes, Chapter 227.310 states the following with regard to zoning in annexed areas. "Zoning and Land Use regulations applicable to area outside City continue to a 1 to area when included within cit until altered or discontinued by city: Zoning or land use ordinances or zoning regulations applicable to any area not within a city shall not cease to t apply to the area merely because such area is later included within a city, but shall continue to apply until altered or discontinued by F the legislative body of the City in a manner provided by law." c al Code, Section 18.12.020 Annexations states the 2. Tigard Municip following. "Zoning regulations applicable to an area prior to annexation to the city shall continue to apply and shall be enforced by the City until a zona change for the area has been adopted by the City Council..." E Staff Report -2- AgendW _em 4.3 Mach 5, 1974 . 3. Generally, the proposed zone changes involve two parcels comprising 1.89 acres and occupied by a Mr. Steak Restaurant and an abandoned car wash structure. The larger of the tzc parcels is a "dog-leg" lot, the rear portion 6f said parcel being vacant. The existing zoning on the site is split between County B-4 and RU-4. The county zoning B-4 is approximately 200 feet deep parallel and fronting SA Pacific Highway. The county RU-4 r zoning exists upon the remainder of the subject property. The zoning line between the County B-4 and RU-4 zones creates unuseable triangle of RU-4 land on the parcel occupied by the Mr. Steak Restaurant. This triangular shaped parcel comprises approximately 6000 square feet and is currently occupied by a portion of the Mr. Steak parking lot. A minimum 7000 square foot lot i size is required in the County RU-4 z6ne and a 7500 square foot lot size is required in a City R-7 zone. For the existing land use and zoning pattern, please see the attached map. 4. The Tigard Community Plan designates the subject area as "General Commercial", these areas are intended to accomodate a range of retail and service commercial uses that benefit from a highway-oriented location". Further comment on the "General Commercial" designation and Policies and Standards for said designation are described in the Plan document. 5. The existing county zoning designations and the City zoning designation are roughly equivalent with the following exceptions: f County B-4 (old C-2) General Extensive Commercial District. Permitted Uses: Any retail. business; parking garages & passenger terminals; wholesale businesses; manufacturing and processing, provided their entire output is sold on the premises; building supply, equipment establishments, 6 retail lumber yards, service establishments; automobile sales showrooms & Tots; recreation vehicle.sales showrooms and lots; drive-in business; farm implement, truck and heavy equipment sales showrooms and lots; mobile home sales lots and service facilities; veterinary hospitals; open air businesses; offices; institutional uses; automobile and vehicle repair, welding shop and automobile service part facilities. City C-3, General Commercial ` Permitted Uses: See attached ordinance Conditional Uses:See attached ordinance Staff Recommendation Approval of the City's request to change existing county zoning classifications to comparable City zones, with one exception. Said changes are described as follows: All County B-4, General Extensive Commercial District to City C-3, General Commercial zone. All County RU-4, Urban Residential District to City R-7, Single Family Residential zone. Exception: That triangular shaped portion of Tax Lot 500 currently` zoned County RU-4 to City C-3, General Commercial. 6. Barkhurst made a motion instructing the staff to prepare a report concerning the feasibility of changing the R-7 zone in Rolling Hills and Derry Dell to an R-15 zone. Hansen seconded the motion and it passed by unanimous vote. S . 4.3 Zone Change - ZC 5-74 (City of Tigard) A request by the City of Tigard to change existing County zoning of two recently annexed parcels to comparable City zones. City proposes to change existing County RU-4 (old R-7), Urban Residential District zoning to a City R-7, Single Family Residential zone and County B-4 (old C-2), General Extensive Commercial District zoning to a City C-3, General Commercial zone. The City proposes minor changes to the zoning configuration between the proposed Residential and Commercial zoning. Subject parcels are located approximately at 11609 S.W. Pacific Highway being occupied by the Mr. Steak Restaurant and an abandoned car wash structure. (Tax Map 1S1 36DB, Tax Lots 500 and 501). I A. Staff Findings 1. Brooks presented staff findings relevant to this case. B. Testimony and Cross Examination . 1. Mr. Anderson was asked by the Planning Commission if the change herein requested would not be a quasi-judicial rather than a legislative matter because it deals with only two parcels and changes the .one from RU-4 a residential zone, to C-3, a commercial zone, on a small area of one of the parcels. 2. Mr. Anderson stated his belief that "Fasano" does apply in that this is a € more specific situation than the previous Rolling Hills and Derry Dell areas. 3. Chairman %1hittaker then asked the staff to address itself to the "Fasano" related questions which Wink Brooks then proceded to do. C. Staff Recommendations 1. Staff recommended approval of the City°s request to change existing county zoning classifications and to reflect existing uses more compatable with an existing single family residential neighborhood. Said changes are ' described as follows: ° All County B-4, General Extensive Commercial District to City C-3, General Commercial zone. All County RU-4, Urban Residential District to City R-7, Single Family Residential zone. ° Exception: That triangular shaped portion of Tax Lot 500 currently zoned County RU-4 to City C-3, General Commercial. i < D. Commission Discussion and Action j 1. Hartman moved to approve the request based upon staff findings and according to the following staff recommendation: k ` PAGE 5 - COMMISSION MINUTES - MARCH 5, 1974 r ;: Approval of the City's request to change existing county zoning classifications to comparable City zones, with one exception. Said changes are described as follows: ° All county B-4, General Extensive Commercial District to City C-3, General Commercial zone. ° All County RU-4, Urban Residential District to City R-7, Single Family Residential zone. ° Exception: That triangular shaped portion of Tax Lot 500 currently zoned County RU-4 to C-3, General Commercial. 2. Barkhurst seconded and the motion passed by unanimous vote. a 4 1 y _ 4 j. } ii. i 1� •.