Ordinance No. 74-24 CITY OF TIGARD, OHE,10,1
ORDINANCE NO. 74-_�+_
AN ORDINANCE RECLASSIFY ING CERTAIN LANDS 1,1ITHTN AN ARIA OF THE CITY
OF TIGARD HERETOFORE DESIGNIAT1:D AND KNOWN .4S "PACIFIC HIGHxIAY/69T11
A«V'JE° ABWA FRO,, HASII1NGi:ON COU11 Y ZONING AND USE CLASSIFICATIONS
TO EQUAL APID COMPARABLE ZONING AND USE: CLASSIPI CATIONS OF THE CITY
OF TIGARD THEREBY BRINGING SAID AREA RECENTLY ANNEXED TO THE: CITY
OF TIGARD INTO CONFCh'(,1ITY WITH AND SUBJECT TO THE ZONIAJC ORDINANCES
AND RLCULA`1'IONS OF THE CITY OF TIGARD AdD TERMINATING THE APPLICA-
PILITY THERETO OF I�TASHINGTON COUIITY LONI',0 ORDINANCES DR REGULATIO;S;
z'IXITJn A?! EFFECTIVE DATE AND DECLARING AN EPLEIIGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLO11S:
Section 1: The City Council finds that certain area heretofore
designated as "Pacific highway/69th Avenue" area, as
more particularly described on the attached. Exhibit "A", and by
this reference made a part hereof, was annexed to the City of
Tigard by recent order of the I,Ietropolitan Boundary Commission
and confirmed by City Ordinance, and that said lands were hereto-
fore 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 April 2, 1974, whereat all interested persons were afforded an
opportunity to be heard with respect to the conversion and transi-
tion 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, pursuant 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 meeting of April 22, 1974, whereat all in-
terested persons and the general public were afforded a further
opportunity to be heard with respect to the proposal to transfer
zoning and land use jurisdiction from Washington County to the
City of Tigar3 and to redesignate the classifications and uses
of said lands from Washington_ County designation to equal and com-
parable 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 from
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 appearing
and each and all of said tracts are hereby subject to the require-
ments of Title 18 of the Tigard Municipal Code applicable to each
of said land and use classifications:
Page 1 - ORDINA14CE No. 74- a9471
Washington County Use City of Tigard Comparable
Classification and Equal Use Classification
RU-4, Urban Residential R-7, Single Family
District to Residential
B-4, General Exten,i.vc C-3 General Commercial.
Commercial District to Zone
Section 4: Inasmuch as it is necessary in order to preserve the
integrity of the land use regulations and to provide
fnr 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 provide for the proper utilization and use regulations of
said lands, ir 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 emergency is declared to exist
and this Ordinance shall be effective upon its passage by the
Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present,
after being read three times by number and title
only, this
day of May, 1974.
Recoraer - Cit of Tigard
APPROVED: By the Mayor this ,day of May, 2974.
Mayor � ity 01- T and
i
s Page 2 - ORDINANCE No. 74- a�
Y (
. - _
Legal Description
A EXHIBIT "A"
That portion of land in Section 36, Township 1 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, being more particularly described as follows:
Beginning at the East quarter section corner of said Section 36; running thence `
Suu ut, along the East boundary line of Section 360 a distance of 220 feet,more
e NArrh
or less, to a point of intersection with an Easterly exrensiut, of P
i boundary line of that tract of land conveyed to George F. Paulsen as recorded
y in Book 506, on Page 345 in Washington County Deed Records; thence North 89°
41' 51" West, along the said extension and (along the)'North boundary line of
the Paulsen tract and continuing along a Westerly extension thereof, a distance
of 663 feet, more or less, to a point of intersection with the West boundary
�. line of that tract of land conveyed to Portland General Electric Company as
recorded in Book 456 on Page 433 in Washington County Deed Records; thence
North 00° 20' West, along the West boundary line of the -said Electric Company
tract of land, a distance of 215 feet, more or less, to the Northwest corner
thereof; thence South 89° 41' 51" West, along the North boundary line, of the
said Electric Company tract of land, a distance of 189,01 feet to the Southeast
corner of that tract of land under contract to Peter B. Bedford as recorded in i
1 Book 825 on Page 007 in Washington County Deed Records; thence North 00° 27'
i 55" East, along the East boundary line of the Bedford tract, a distance of
697.01 feet to the most Northerly corner thereof; *said most Northerly corner of
�. the Bedford tract being a point in the Southerly right-of-way boundary line of
State Primnary Highway No. 1 West (S.W. Pacific Hi&hway West); thence continuing
North 00° 27' 55" East, along a Northerly extension of the East boundary line 'of -
the Bedford tract of Land, a distance of 100 feet, more or less, crossing said
State Highway to a point of intersection with the. Northerly right-of-way boundary
line of said State Highway; thence Southwesterly, along the Northerly right-of-way
boundary line of said State Highway, a distance of 500 feet, more or less, to
a point of intersection with theEastright-of-way boundary line of County Road
No. 1456 (S.W, 69th Avenue - 60 foot wide); thence North 00° 04' West, along
the said ri;ht-of-way boundary line of County Road No. 1456, a distance Of
375 feet, more or less, to a point of intersection with the South right-of-way
boundary line of County Road No. 1758 (S.W. Pine Street - 60 foot wide);
thence South 89° 58'. East, along the said right-of-way boundary line of County
Road No. 1753, a distance of 190.00 feet to the Northwest corner of that tract
of land conveyed to Issac C. & Rachel Baruch as recorded in Book 308, Page 539
in Washington,County 'Deed Records; thence North 67° 40' East, along the North
line of the Baruch tract of land and along a Northeasterly extension thereof,
i a distance of 415.35 feet to the Northerly most Northeast corner of that :tract
of ,land conveyed to Jack D. & Norma A. Merrill as recorded In Book 481 on Page
488 in Washington County Deed Records; thence South,' along the East boundary
j line of the Merrill tract of land and along a Southerly extension thereof, a
j distance of 100,00 feet, to the Southeast corner of that tract of land conveyed
to Laura Moser as recorded in. Book 749 on Page -350 in Washington County Deed
j Records; thence North 670 36' East, along the South boundary line of the Moser
tract of land and along a Northeasterly extension thereof, a distance of 387.00
feet to the North:ast corner of•that tract of land conveyed to;Harold Bradley
as recorded in Book 814 on Page 430 in WashingtonCounty Deed Records; said
Northeast`corner of the Bradley tract being'a point in the East boundary line of
said Section 36; thence South', along the East boundary line of the Bradley tract
k,
of land, a distance of 223.60 feet to the Southeast corner thereof; said South-
k.:;, t4st corner of the Bradley tract being a point in the Northerly right-of-way boundary
line of the aforesaid State Highway and also being a point in the East boundary
lima of said Section 36; thence South, along the East boundary line of Section
36. a distance of 155 feet, more or less, crossing said State Highway to a-point
of intersection with the Southerly fight-of-way boundary line of said State
Highway; thence continuing South; along the East boundary Line of said Section
36, a distance of 786.5 feet, more or less, to the point of beginning of this
description.
Staff Findings EXHIBIT "B"
*1•. Oregoa 'Revised Statutes, Chapter 227.310 states the follO,Ing with
regard to zoning in annexed areas.
"'Zoning and Land Use regulations applicable to area outside City
continue to apply to area when included within City 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
apply to the area merely because such area is later included within
a city, but shall continue to apply until altered or discontinued by
the legislative body of the City in a manner provided by law."
2. Tigard Municipal Code, Section 18.12.020 Annexations states the
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 zone change for the area has been adopted by the City Council..."
3. Generally, the proposed zone changes Involve a strip of commercial
development on the north and south sides of S.W. Pacific Highway.
mti_ _ _ Td. atedl of 0An •tiP ..Fj PAh area-
Texaco
ava atdw lll� v4J- .au-ice.-. ...�� ._,_ - _ -- -- - ---- -
Texaco & Mobil service stations
Tigard Inn Motel
Key West Restaurant & Lounge
Kentucky Fried Chicken
Todd's Restaurant
Gaffer's Pub Office
0 One single family dwelling exists on the southeast corner of S.W.
69th Avenue and Pine Street. A Portland General Electric sub-station
is located south of S.W. Pacific Highway, adjacent the Mobil service
station and Gaffer's office building.
All property fronting on S.W. Pacific Highway is currently zoned
County B-40 General Extensive Commercial. The single family dwelling
is currently zoned County RU-4, Urban Residential and the PCE sub-station
site is split zoned County B-4 and RU-4.
Please see attached map.
4. The Tigard Community Plan designates, with one exception, the subject
area As "General Commercial"'these areas being intended to "accomodate
a range of retail and service commercial uses that benefit from a highway
oriented location".
The exception to the General Commercial designation involves the southern-
most portion of the PGE sub-station site. This area is designated
Residential-Commercial by the Tigard Community Plan. This designation is
"intended to accomodate higher-density dwelling structures, including
high-rise apartments, combined with a range of compatible office and business
uses.
5. The existing County zoning designations and the City zoning designations
are rorghly equivalent with the following exceptions:
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,
retail lumber yards, service establishments; automobile sales showrooms&
lots; recreation vehicle sales showrooms and lots; drive-in business; farm
implement, truck and heavy equipment sale, 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 sections 18.28 and 18.32 (TMC) for permitted and
conditional uses.
Approval of City's request to change existing county zoning classifications to
comparable City zones. Said changes are descirbed 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.