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.
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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.
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Mayor - C ty of Tigard
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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
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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.
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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"
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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.
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ARE-EMs ,, o I SHtNGTON CO NTY REGON SCALE I'= iQUr
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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