Loading...
Ordinance No. 74-56 i CITY OF TIGARD, OREGON r ORDINANCE No. 74-_ 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: Sectia_n 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 o; the City of Tigard. 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 wilereof 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 impartial council, and that at said hearing the applicaht and all interested parties were afforded an opportunity to be heard and to present and rebut evidence with respect to said application. 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 Tax Lot 501 lSl- 36DB as hereinabove referred to, be, and the same is, hereby 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. Section 6: This ordinance shall become effective on the 31st day after its passage by the Council and approval by the Mayor. PASSED: By majority vote of all Council members present, after being read three times by number and title only, this 14th day of October, 1974. Recorder - Ci.t ff'Tbi APPROVED: By the Mayor, this 14th day of October,t1974. Mayor City of,,/Tigard ORDINANCE Yo. 74--12 t, FINDINGS OF THE CITY COUNCIL: 1. That the Tigard Community Plan designates the sub- ject site as General Commercial, to accommodate 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 develonmPnt along 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. EXHIBIT "4n I 1 k EXHIBIT "B" 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, 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 West side of Pacific Highway; thence Northeasterly along said North line 90 feet, more or less, to the East line of said Peterson 'Pract; 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 said Miller Tract 192 feet to the point of beginning, ,EXCEPTING THEREFROM 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.