Ordinance No. 73-10 CITY OF TIGARD, OREGON
ORDINANCE NO. '3 -- _-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSI-
FICATION OF LANDS OF JOSEPH G. CHAMBERLAIN AND ARROW HEATING COMPANY,
AND AUTHORIZING A CHANGE IN LAND USE CLASSIFICATION FROM R-7, Single
Family Residential to C-3 General-Commercial, IN THE CITY OF TIGARD,
WASHINGTON COUNTY OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that the lands hereinafter described
have heretofore been and are now classified for R-7,
Single Family Residential uses pursuant to zoning ordinances of the
City of Tigard.
Section 2: The Council further finds that pursuant to prescribed
procedures application for reclassification of said
lands has been filed to enable the use thereof forC-3, General -
Commercial use; that a public hearing was held by the Planning Com-
mission on September 19, 1972 and November 21, 1972, after due and
legal notice, and the findings of the Commission recommending dis-
approval are on file with the City Recorder, a copy whereof is here-
to attached and by reference made a part hereof.
Section 3: The Council finds that after due and legal notice, a
public hearing was held before an impartial council
on February 12, 1973; and all parties at interest were afforded an
opportunity to be heard and to present and rebut evidence.
Section 4: The Council hereby finds by a preponderance of the
evidence as presented at said hearing that the change
of use classification of the following described lands from R-7,
Single Family Residential to C-3, General-Commercial:
a. Is consistent with the Comprehensive Plan
adopted by the City by Ordinance No. 73-6;
b. Is in the public interest because there is a public
need for the proposed change in land use from R-7,
Single Family Residential to C-3, General -Commercial;
e. Best meats the public need for the cpecific type of
devalopment, giving due consideration to other areas
previously designated for such use;
Section 5: That in accordance with the foregoing, the proposed
change in zone classification of the following de-
scribed lands be, and the same is, hereby approved:
A tract of land situated in Section 36, T1S, R1W,
W.M., Washington County, Oregon, and being a part of
FRUITLAND ACRES, Washington County, Oregon, being more
particularly described as follows, to-wit:
Page 1 - Ordinance No. ;d -zo
Beginning at an iron pipe at the Southwest corner of
said Lot 6, FRUITLAND ACRES, which iron pipe is in the
Easterly right-of-way line of S.W. 72nd Avenue; thence
North along said Easterly right-of-way line of S.W. 72nd
Avenue a distance of 276.21 feet to an iron rod; leaving
said Easterly right-of-way line of S.W. 72nd Avenue,
North 891049' East a distance of 135.35 feet to an iron
pipe at the most Southerly Northwest corner of that tract
of land conveyed to B. I. Phillips, et ux, by deed recorded
September 2, 1964, in Book 521, Page 242, Records of
Washington County, Oregon; thence continuing North 89049'
East 442.35 feet to a point on the East line of Lot 1, in
said FRUITLAND ACRES; thence South along said East line
276 feet, more or less, to theSoutheast corner thereof;
thence West along the South line of Lots 1 through 6, in
said FRUITLAND ACRES 577.70 feet to the true point of
beginning.
Section 6: This ordinance shall become effective on the 31st day
after its enactment 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 9fh day of April 1973.
Recorder - City of rd
APPROVED: , By the Mayor, this vfh day of 1973•
r - City of Tigard
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Page 2 - Ordinance No.
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Chamberlain Zone Change and
Conditional Use Requests
ZC 2-72 and CU 10-72
carried over from Sept. 19
meeting
�. Planning Commission Findings:
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1. The request for the zone change conforms to the
Community Plan, but not to the more specific
Triangle Plan.
2. The land use designation for the area north of
S.W. Raines Road in the Triangle Plan may be
amended from "multi-family" to "office-park".
3. The Triangle Plan has not been adopted as a
supplement to the more general Community Plan,
although it is utilized as a guideline for land
use decisions by the City and County.
4. The subject properties are surrounded by C-3,
General Commercial zoning. Four of the subject
lots are zoned both 0-3 and R-7, Single Family
Residential.
5. Changing the subject properties to C-P, Commercial-
Professional would isolate the back halves of the
lots fronting the Pacific Highway right-of-way.
Such a zone change appears premature until'physical
planning for the Oregon Education Association
properties and parcels tothe east is further
advanced.
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