Ordinance No. 75-48 CITY OF TIGARD, OREGON
ORDINANCE NO. 75- 48
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT OF THE 1970 ZONING
MAP OF THE CITY OF TIGARD AS AMENDED, SAID AMENDMENT BEING REQUESTED BY PAY LESS
DRUG CO. NORTHWEST, INC., IN BEHALF OF WASHINGTON COUNTY SCHOOL DISTRICT NO. 23-J,
bIRS. MARTHA LOUIS ARISS AND MR. W. C. McCALL, THE LEGAL OWNERS OF THOSE PROPERTIES
INVOLVED, AUTHORIZING THE USE OF SAID LANDS AS A PLANNED DEVELOPMENT DISTRICT
PURSUANT TO CHAPTER 18.56, TIGARD MUNICIPAL CODE, WITH RESPECT TO ALL OF TAX LOTS
800 and 900 AND PARTS OF TAX LOTS 600 AND 700 ON WASHINGTON COUNTY TAX MAP 2S1 2AA,
GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that the lands hereinafter described (hereafter called
the "subject property") have heretofore been and are now classified C-3M,
General Commercial-Main Street (tax lot 900) and C-3, General Commercial (tax lots
600, 700 and 800), pursuant to the zoning ordinances of the City of Tigard.
Section 2: The Council further finds that pursuant to prescribed procedures, an
application for amendment of the zoning map by designating the subject
property a commercial planned development district and for consideration of a General
Plan and Program was the subject of a public hearing held by the Planning Commission
on October 21, 1975. The Commission has heretofore filed its report with the City
Recorder, and a copy of that report is attached to this Ordinance and by reference made
a part hereof. The Planning Commission report recommends approval of the application.
Section 3: The Council further finds that, after due and legal notice, a public
hearing was held on October 27, 1975, by an 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 will", respect to said application-U.
Section 4: Based on the evidence both oral and documentary and the record of said
hearing before the City Council makes the following findings:
(a) That the Comprehensive Plan entitled "Neighborhood Planning
Organization Number One," as amended, includes the subject
property as part of a larger area designated for Retail
Commercial development, and that granting of the applicant's
request complies with that plan.
(b) That this proposed amendment to the zoning map is consistent
with a public need shown by the applicant for the proposed
commercial facilities.
(c) That the proposed planned development, subject to the conditions
hereinafter set forth, will not unduly burden the adjacent
neighborhood, nor will it have an undesirable impact upon the
community.
ORDINANCE NO. 75- 4$
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(d) That public services, including water, sewer, storm drainage,
l electrical and gas utilities are readily available to the site .
and are sufficient, providing certain conditions hereinafter set �
forth are satisfied.
(e) That necessary and Legal public access and egress is to be provided
by the applicant pursuant to the general development plan and
program attached hereto and made a part hereof by reference.
(f) That the proposals of the applicant, with respect to dedications
of Public lands and rights-of-way, construction of public improve-
ments, landscaping and those other improvements and amenities
identified in or shown by the general plan and program, attached
hereto and a part hereof, and those further requirements and
conditions as recommended by resolution of the Planning Commission
and the Design Review Board, all hereinafter set forth, will enhance
the acceptability of this'proposed commercial development.
b
(g) That the applicant is an owner of the subject property Y virtue
of an agreement in the nature of an option between the applicant,
Payless Drug Stores Northwest, Inc., and School District 23J,
Washington County.
That because of the nature of the planned development described to
the Planning Commission and the City Council by the application :,
herein pending, and because of the interests of the citizens of the
City of Tigard in keeping the subject property available for sale
by the school district and development by another purchaser in the
event the applicant fails or declines to exercise its rights under
the option agreement referred to above, the zone change accomplished '
by this Ordinance should not take effect until such time as title
to the property vests in the applicant, and, in the event the
applicant has not acquired title to the property by midnight
January 15, 1976, the zone change should not take effect at all, and
d. the zoning designation of the subject property should continue in {
its present state. ,.
Section 5: The City of Tigard, therefore, pursuant to the requirements of Chapter
18.88, and Chapter 18.56 of the Tigard Municipal Code, hereby approves
the applicant's request for an amendment of the Tigard Zoning Map of 1970 as
amended, subject to all applicable requirements of Chapters 17 and 18 of the Tigard
Municipal Code and further subject to the requirements, conditions and any restrict-
tions that may be embodied in this ordinance and its exhibits, hereto,attached and
made part hereof and identified as follows:
Exhibit A. General Site Plan
Exhibit B. Statement of Variances Required
Exhibit C. Traffic study prepared by Carl H. Buttke,
dated November 3, 1975 entitled "Traffic
Impact Proposed Commercial Development
Main and Scoffins Street for Payless
Drugstore Northwest. "
ORDINANCE NO. 75- 48 Page 2
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and subject to the following requirements and conditions of approval:
1. Pay Less provide storm sewer subject to public works approval.
Z. That no left turns be permitted from or to Pacific Highway
between Main Street and Hall Boulevard and that a no left turn
island be provided by applicant on Pacific Highway.
3. Land be dedicated for public street right-of-way as shown for
Scoffins Street widening and Main Street realignment.
4. That Scoffins Street be developed to a 36 foot roadway in a
60 foot right-of-way to south property line.
5. That each street improvement recommendation contained in Exhibit C
above be executed and emplaced by applicant.
6. That all street and public facilities improvements be made to meet
City standards, including but not limited to curbs; sidewalks and
storm drainage.
Section 6: This ordinance shall become effective upon the filing with the City
Recorder of the City of Tigard of a copy of a duly executed deed
conveying the fee simple title to the subject property to Payless Drug Stores
Northwest, Inc., or upon the thirtieth day after its passage by the Council and
approval by the Mayor, whichever shall last occur. In the event the filing of
such a deed has not been accomplished by midnight January 15, 1976, the Ordinance
shall not take effect at all, and the zoning designation of the subject property
shall remain in its present state.
Section 7: The applicant shall, pursuant to Section 18.56.050, Tigard Municipal
Code, within one (1) year of the effective date of this Ordinance,
file a final plan and program with the City.
Section St If substantial construction or development has not taken place Within
one (1) year of the 'effective date of this Ordinance, this ordinance
shall be void.
PASSED: By l7naN,rrwu s vote of all Council members present this >o day of
1975. Councilman ok abstained.
E
Recorder - 'City of Ti d
APPROVED: This 1 day of J1ytZ.0 ov , 1975.
Mayor City of Tigard
f
APii7...AiANC.F. `v0_ 75- 48 - Page -3
CITY OF TIGARD
P. O, Box 23557
12420 S, W, Main
Tigard, Oregon 97223
January 19, 1976
Roger Thomssen
Dept. of Records & Elections
Washington County Courthouse
Hillsboro, Oregon 97123
'Dear !Ar. Thomssen: `
Please record the following deed in the Washington County deed records:
Lots 5,6,7,8, 14 and 15, Tigard Highway Tracts,
Pay Less Drug Stores Northwest, Inc.
Our check to cover recording costs is enclosed.
Sincerely,
Doris artig
City Recorder
DH:ms
Enclosure
January 20, 's?6
The Deed you sent to be recorded is a copy. We will need the Deed with
original signatures and notary to record In Deed Records,
L. Cook, Deputy
Recording Division
FRED ANDERSON STATED TITLE INSURANCE COMPANY RECORDED THE DEED
AND ALL WE NEED TO DO IS FILE. THIS INFORMATION WITH THE ORDINANCE.
DORIS HARTIG 1/22/7
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SCHOOL DISTRICT 140. 23J, WASHINGTON COUNTY, OREGON, hereinafter called
the grantor, for the consideration hereinafter stated, to grantor paid by
PAY LESS D11UG STORES NORTHWEST, INC., a Maryland corporation, hereinafter
called the grantee, does hereby grant, bargain, sell and convey unto the said
grantee, and grantee's successors and assigns, that certain real property, i
with the tenements, hereditaments and appurtenances thereunto belonging or
appertaining, situated in tLe County of Washington, State of Oregon, described
as follows, to-wit:
s` Lots 5, 6, 7, 8, 19 and 15, TIGARD HIGHWAY TRACTS,
4 in the City of Tigard, Washington County, Oregon,
SUBJECT TO rights of the public in any portion
within highways and roads, zoning and use restric-
tions,and the usual printed exceptions of title
policies, including any state of facts that an
a,curate survey would show; and
SUBJECT TO any ad valorem taxes hereafter levied or
assessed against said property.
TO HAVE AND TO HOLD the same unto the said grantee and grantee's suc-
cessors and assigns forever.
p And said grantor hereby covenants to and with said grantee and grantee's
1B successors and assigns, that grantor is lawfully seized in fee simple of the ¢
above granted premises, free from all encumbrances, except as above stated, and
any encumbrances arising by, through or under grantee at any time, and that
grantor will warrant and forever defend the above granted premises and every
part and parcel thereof against the lawful claims and demands of all persons
whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in
terms of dollars, is $360,000.00.
In construing this deed and where the context so requires, the singular
includes the plural.
IN WITNESS WHEREOF, the undersigned officers of School District No. 23J,
Washington County, Oregon, acting,.pursuant to resolution of its Board of Directors,
duly passed on theday of �,-,: C_ 1975, have executed this instrument
on the _day o 197`.
SCHOOL DISTRICT NO. 23J
1
By
i Chairm—,
STATE OF OREGON ) � /
} ss. L.-
1L � 7- _ 1975.
County of Washington }
Personally appeared Hans Gerd vont agen and Delbert Fennell
who, being duly sworn, did say that the former is the Chair-
man, and the latter is the clerk,of School District No. 23J, Washington County,
Oregon, and that said instrument was s'_gned in behalf of School District No. 23J
by authority of its Board of Directors; and each of them acknowledged said in-
strument to be its voluntary act and deed /
s.4�—t��_•G�
Notary Public for Ore gd�3
My Commission Expires,Y 4.k_
Until a change is requested, all '
tax statements are to be sent to the
following address:
Y tri CITY OF
TIGARD JANUARY '12r 1976
i
' f LAW OFFICES
BLACK, KENDALL,TREMAINE, BOOTHE & HIGGINS
3100 FIRST NATIONAL BANK TOWER
GEORGE BLACK,JR. PORTLAND,OREGON 97201
JOHN W•KENOALL
H.STEWART TREMAINE January 12, 1976 TELEPHONE
FERRIS F.BOOTHE Z21-0560
JOHN J.HIGGINS
MILTON C.LANKTON
DAVID J.KRIEGER
MIC HAEL H.SCHMEER
ROBERT J.MILLER
STUART A.HALL
TERRY UzSYLVIA SU EJ ECT Pay Less Drug Stores Northwest, Inc.
00 UGLAS G.BECKMAN
LTZEL
.. OIONALO J.REEO MAN RECEIVED
��l�y��7
CHARLES R.MARKLEY @F$YCE f VED
JAN
ii�`a,�'i�11 N 12 1976
CITY OF TIGARG
City Recorder
City of Tigard
12420 S. W. Main
Tigard, Oregon
Dear Sir:
Enclosed for filing is a copy of the duly executed Deed
of Conveyance from School District No. 23-J, Washington County to
Pay Less Drug Stores Northwest, Inc. of the following described
property:
Lots 5, 6, 7, 8, 14 and 15, Tigard
Highway Tracts in the City of Tigard,
Washington County, Oregon
together with our check to your order in the amount of $3.00 to
cover the _cost of filing the same. Please indicate on a copy of
this letter your receipt of the enclosures.
Very truly yours.
BLACK, KENDALL, TREMAINE, BOOTHE &HIGGINS
H. Stewart Tremaine
HST:sf
Enclosure
cc: Joseph Bailey. Attorney
ujv
RICHARD C. EHMANN & ASSOCIATES . . . ARCHITECTS & PLANNERS
4522 S.W.WATER AVENUE PORTLAND,OREGON 97201 PH, (503)222-4221
ROBERT R. KLAS
17 October 175 GLENN D. SHIRLEY
PROPOSED SHOPPING CENTER ON FORMER FOWLER JUNIOR HIGH SCHOOL SITE MAIN STREET
AND SCOFFINS STREET AT HIGHWAY 99W.
Submitted as Planned Development District (P-D) Chapter 18.56.
Chapter 18.56.030
(b) (1) A topographic map has been submitted.
(2) A plan of the project has been submitted.
(3) A statement is attached.
(d) (1) PLAN ELEMENTS
(A) A general development plan in conformance with the approved
preliminary plan has been submitted dated 16 October '75.
Comments following refer to this plan.
(B) Map at (A) shows contours.
(C) Streets and land uses have been submitted and are part
of the record.
(D) Utilities are shown.
(E) Water, retention system is planned and discussions on
utilities are part of the record.
(F) Not applicable.
(G) Not applicable.
(H) Areas to be dedicated are shown.
(I) Not applicable.
(J) Traffic flow is"shown.
(K) Pedestrian walks are shown.
(L) Parking is shown. F.
1r
(M) Truck docks are shown.
(N) Elevations of buildings are shown on drawing and perspective
sketch dated 17 October 175.
(0) Existing trees are shown.
r;
(P) Screen plantings are shown.
(Q) The main building complex (Pay Less, Albertsons and con- Y'
tigous,shops)will be Phase I of construction, along with
the two satellite structures on Main Street. The office 41
building on Scoffins Street behind the main building is
in Phase II. .
- E
C, e la. 7s -'/j0
AWAOXX DPOI AMOMS
NORTHWEST INC.
EXECUTIVE OFFICES AND WAREHOUSE
10605 S.W.Allen Blvd., Beaverton,Oregon,97005
October 17, 1975
I
Planning Commission
City of Tigard
Tigard, Oregon
Re: Tigard
Gentlemen:
In support of our petition for an amendment of the zoning map in
accordance with Chapter 18.88, we are requesting no deviation or t
variances from the standards prescriped in Titles 17 and 18.
Sincerely,
riu e it
Vice R sidgntJ
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