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Ordinance No. 80-74 P CITY OF TIGARD, OREGON ORDINANCE NO. 80- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. (Lasal Land Co, of NW/Marine Lumber Property) PLANNING DEPARTMENT REFERENCE INFORMATION: Tax Map 1S1 36CD, Tax Lots 100, 200, 300 & 1300, Project Address 11675 SW Pacific Highway, File Number ZC 22-80, Present Zoning Designation C-3 "General Commercial" and A-2 "Multifamily Residential", Zone changed to C-5 "Highway Commercial", Applicant Lasal Land Company of the Northwest. THE CITY OF TIGARD ORDAINS A5 FOLLOWS: SECTION 1: Finding that the lands hereinafter described are now classified as City of Tigard C-3 "General Commercial" and A-2 "Multifamily Residential", and further findings that pursuant to nroced�urcz, the abovestated application for a zoning map amendment was presented at a public hearing held by the Tigard Planning Commission on August 5, 1980. All interested persons were afforded an opportunity to be heard at this public hearing and thereafter the Planning Commission filed its report with the City Recorder, a copy hereto attached and by reference made a part of. The Council adopts the following substantive findings: A. That this application is in conformance with the C-5 "Highway Commercial" designation on the NPO 44 Plan which is a portion of the adopted Tigard Comprehensive Plan, and B. That the proposed zoning is compatible with the surrounding neighborhood as determined by the Tigard Planning Commission. SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of the Tigard Municipal Code, this request for an amendment to the Zone Map of the City of Tigard is hereby approved subject to provisions of Chapter 18.20 of the Tigard Municipal Code as embodied in adopted Exhibits "A", "B", and "C" attached and made a part of this Ordinance. The zoning designation of the subject property is hereby changed to C-5 "Highway Commercial". Exhibit "A": �- Legal Description, Exhibit "B": -- Tax Map, Exhibit "C": - Staff Report And further subject to the fallowing conditions: 1. All necessary street dedications and public improvements shall be made as deemed necessary by the Public Works Director. 2. Grading plans and construction plans on all public rights-of-way shall be submitted and approved by the Public Works Director prior to commencement of work. ORDINANCE NO. 80- ZC 22-80 a; 3. Improvements may be bonded prior to issuance of Building Permits, however, all improvements shall be made prior to issuance of Occupancy Permits. Aw- 4. That street improvements be constructed to the approval of the Public Works Director prior to the recording of the final plat or issuance of Building Permits. 5. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director. 6. Project shall be subject to Site Design Review. 7. Oregon Departmeent of Transportation shall submit a letter of approval for all work done along 99W frontage. SECTION 3: This Ordinance shall be filed with the recording office of Washington County. This Ordinance is not effective until so filed according to ORS 92.048 (4) . SECTION 4: This Ordinance shall be effective immediately after its passage by the Council and approval of the Mayor. PASSED: By vote of all Council members present this day of , 1980, after being read two times A` r by number and title only. i Recorder - ity o igard APPROVED: By the Mayor this '7 day of 11„ , 1980. ----T- F Mayor - C ty of Tigard i; s g s, ORDINANCE NO,. 80- JU ZC 22-80 Page 2 . 300-71004 i. E\HIU [T A PARCEL I BEGINNING at the re-entrant corner in the Meat line of the George E p.ichardson D.L.C. No. 55 , situated in Section 36, Township 1 South, , R:Inye 1 tlest , in the County of Washington, State of Oregon, and running thence North on the West lin, of said claim 392. 78 feet to a point in the Southerly right-of-way line ar County Road No. 975, also known as Pfaffle Road; thence following along said Southerly right-of-way line South 89 "48 ' East a distance of 1732 , 24 feet to an iron pipe, said iron pipe being the true point of beginning of this description; thence continuing South 89'48' East a distance of 476.14 feet to an iron pipe set in the Northwesterly right-of.-way line of the ;.lest Side Pacific highway No. 99 ; thence following along said highway right-of-way line on a curve to the right (the long chord of which bears South 55°09 ' West 460 .00 feet) to an iron rod; thence North 33043' Nest a distance of 10 .00 feet to an iron rod; thence on t a curve to the right- (the long chord of which bears South 56057 ' West 143. 47 feet) to an iron pipe; thence leaving said highway right- of-way line North 0042 ' west a distance of 79 .49 feet; thence South 89048 ' East 31.08 feet to an iron pipe; thence North 0°42 ' West 254. 88 t; feet to the true point of beginning. SUBJECT TO a 20 .00 foot strip of land as now traveled for purpose of private driveway, said strip of land being situated in the most ' <;outherly portion of the hereinbefore described tract of land and serving as a means of ingress and egress to and from the said West Side Pacific lilghway .No. 99 . r PARCEL II t GEGINHING at the re-entrant corner in the West line of the George Richardson D.L.C. 11o. 55, in Section 36 , Township 1 South, Range 1 E' west, of the Willamette Meridian, Washington County, Oregon, and running thence IJorth on the West line of said claim 392. 78 feet to a point in the Southerly right-of-way line of County Road No. 975 (Pfaffle Road) J thence following along said Southerly right-of-way t line South 89048; Fast 1580.08 feet to an iron pipe, said iron pipe € nkirking the true point of beginning of this description; thence c ontinuinq South .89°48 ' Last 152,16 feet to an iron pipe; thence f SoULII 0°42 ' Fast 254 . 88 feet to an iron pipe ; thenco North 891481 Wr_'sL 152. 16 feet to an iron pipe; thence North 0142 ' West 254. 88 fu,ut to the true point of beginning. SUBJECT TO a perpetual easement in, a strip of land 2 feet wide and 254 . 88 feet in length and lying parallel to and immediately adjacent to the West boundary of the above described tract. i i I o rder No. 300-•71.004 i t` EXIIIIJ i I' "A" (Continued) PARCEL III BI,;GINtJi11G at the re-entrant. corner of the West line of George irichardson D. L.C. tic). 55 , in Section 36 , Township 1 South, Range 1 t;est, in the County of Washington, State of Oregon, and running thence Northerly on the blest line of said claim 392 .78 feet to a }mint on the South line of Cd'unty Road No. 975 ; thence south 89048 ' }:ast along the South line of said County Road 1•163 . 88 feet to an iron Pipe on the blest line of the Florence dammer tract of land as I described on Mage 281 of Hook 117 of washington. County , Oregon, Decd Records, which .iron pipe is the true point of beginning of the tract herein described; running thence Sout}i 8948' East aloi;cl the South line of said County Itoad No. 975 , a distance of 116 .2 feet to an iron pipe on the West line of that certain tract convoyed to Charles l:. Condon, et ux, by deed recorded march 13, 1913 in 13ook 215 , page 037; thence South 0°42 ' Last parallel with the Hest line of said Hammer tract 261. 15 feet to an iron pipe; at the Northeast corner of that certain tract conveyed Herbert V. }Cruse, by deed recorded June 6 , 1945, in Book 244 , instrument No. 1103; thence North 89 °48 ' Wast 116 .2 feet along said Kruse tract to an iron pipe on the gleet line of the said Hammer tract ; thence North 0042' west on said West line 281. 15 feet to the place of beginning. PARCEL IV 4" ; rrT�trTi _. . at the Re corner in the West line of. the George Richardson D.L.C. tYo. 55, situated in Section 36 , in the County of Washington, State of Oregon, 'Township 1 South, Ranyo 1 West of the Willamette Meridian, and running thence North on the Blest ling of said claim 392 .78 feet to a point in the Southerly right-of-way line of E' the County Road No. 975 , also known as Pfaffle }toad; thence South ) 89 °48 ' Last a distance of 1580 .08 feet to an iron pipe; thence South 0142' Fast a distarice of 254.88 feet to the true point of bestinning r of this description; thence continuing South 0042 ' Last a distance ' of 145 .72 feet to an intersection with the Uorthwesterly boundary F lane of the blest Side pacific Highway No. 99 ; thence following said (: Northwesterly boundary line North 57°08 ' East a distance of 31.40 feet to an iron rod; thence South 32°25 ' Fast a distance of 10 .00 feet to an iron rod; thence on a curve to the left (the Tong chord of wlzicil bears North 56°57 ' East, 105:38 feet) to ars iron pipe; thence leaving said highway boundary line •Ilorth 0°42 ' blest a distance of 79 . 49 `ect• th,.nce t;orth 89°48 ' 'r;c:st a distance of 121.08 feet to the true point of beyinniny. TOGETHER WITH an easement 2.00 feet in width and 254 . 88 feet in length and lying and being parallel with and Easterly from the blest line o.f that certain tract of land deeded by Florence R. Harsmer to Charles E. Condon and Ii:rzel I . Condon by deed recorded in Deed Book 215, page 4 57 , recorded March 13 1943. Said easement extends from the North line c ' the aforesaid property. I' order No. 300-71004 ' EXIIiI+IT "A" (Continued) PARCE-L IV, Continued TOGE'T'HER WITH a 20 foot strip of land as now located leading from Lhe first above ctescri.bed tract of land to the State i:ighway being the same strip of land as reserved in that certain sale from Charles E. Condon, et ux, to L.E. Tripp and Mary M. Tripp. s; t E; 6 F ARE-EMs ,, o I SHtNGTON CO NTY REGON SCALE I'= iQUr M I �> s� SEE MAPt 1 36CA iJrNT ��Q dJ.1YUM2 y ACRES ` ME COR, 884048•E C.NTPJ� STREET - Mw aTREET _ i+Fft•Mw COR. PFAFFLE C.R.C.Re975 . T 47 14 r � 1.85 c 40 Ac. .34 Aa too „`N W N�N (C-& 11.534) 402 .38Ac �1 v w3v I1wro 4 A hA \AO .45.4c 12 00 BOHM 3 G M1�X 1200 1700 Na y .41 Ac. � � .65 Ac. A\'a 1 8 4 `���O ® �y ` _ ® ' 110 Ac. 1 ��t� `� 1801 (p V 1130 .jk 1900 �, ` s asjf sae�2z,r y` " • W, .��' 22 OU 21003 5.9 4 Ac. 10OAc. ,�P'" sas'740'E m 4� w t t� �m `06 8D 1 1 2300 �es7°4rw • °' td e c.19 11824 20 E -. 'e' ---• ty hay ja 2400 • 2000 ..<•.• i 9.�}1 l� °57..0. t ZI J a m FIs 25030 b 400 aUj 2600 STAFF REPORT AGENDA 5.2 f, TIGARD PLANNING COMMISSION August 5, 1980 - 7:30 P.M. TIGARD SCHOOL DISTRICT ADMINISTRATION OFFICES BOARD R00M 13137 SW Pacific Highway, Tigard No submission of material by applicant_ shall be made at the Public Hearing unless the applicant is requested to do so. Should this occur, the item will be Tabled until the following Hearing. DOCKET: ZONE CHANGE, ZC 22-80 (Lasal Land Co. of NW/Marine Lumber Property) NPO #4 APPLICANT: Lasal Land Company of the Northwest OWNER: ivx . 'Stan McGrath C/O Sullier and Bullier Sheridan, Oregon 707 SW Washington Street Portland, Oregon 97205 APPLICATION DATE: July 11, 1980 g SITE LOCATION: 11675 SW Pacific Highway (Wash. Co. Tax Map 1S1 36CD, Tax Lots 100, 200, 300 & 1300) . Approximately 3.8 acres REQUEST: For a Zone Map Amendment from.current C-3 "General Commercial" and A-2 "Multifamily Residential" to City of Tigard Comprehensive Pian designation of C-..5 "Highway Commercial". STAFF NARRATIVE: Zone Ordinance Amendment, ZOA 4-80 passage by City Council is expected on July 28, 1980 and has been approved by the Planning Commission. This property is in the C-5 zone. Contemplated uses are those permitted in the Tigard Municipal Code and a Conditional Use for restaurant is a possibility at a later date. We have asked that a traffic light not be installed at Pfaffel and 99W in conjunction with the Transportation System Management Project (TSM) now being constructed, but that the traffic light be placed at the intersection of 78th and 99W. This intersection will be created by this development. Applicant has agreed to dedicate the necessary right-of-way and make the public improvements. Staff, Oregon Department of Transportation (ODOT),and -the applicant will make final adjustments at the Site Design neview stage. I. FINDINGS OF FACT: 1. Property is zoned C-5-Highway Commercial on the Tigard Comprehensive Plan, NPO #(4. 2. The extension, of 78th Avenue at Pfaffle south across 99W to Dartmouth has been planned through the NFO #4 process and has been approved by City Council. The ODOT has full knowledge of our intent to construct this street, STAFF REPORT AGENDA 5.,Z/ZC 22-80 TIGARD PLANNING COMIISSION August 5, 1980 -Page 2 3. All proposed uses of this parcel are allowed by Code_ I1. CONCLUSI(NARY FINDINGS: 1. This Zone Change request is in conformance with the Comprehensive Plan. III. STAFF RECOMMENDATION: Staff recommends approval of this Zone Change with the following conditions: 1. All necessary street dedications and public improvements shall be made as deemed necessax- .i> by this Public Works Director. 2. Grad.;`tg Lans and construc'.ion plans on all public rights-of-way shall be submitted and approved by the Public Works Director prior to commence- ment of work. 3. Improvements may be bonded prior to issuance of Building Permits, however, all improvements shall be made prior to issuance of Occupancy Permits. 4. That street improvements be constructed to the approval of the Public Works Director prior to the recording of the final plat or issuance gf Building Permits. a. All existing or proposed utilities shall be placed underground. Street lighting installations shall be approved by the Public Works Director.. 6. Project shall be subject to Site Design Review. 7. OregonDepartment of Transportation shall submit a letter of approval for all work done along 99W frgntage e'. a rd )Planning Director