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Ordinance No. 73-18 r CITY OF TIGARD, OREGON ORDINANCE No. 73 - AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO USE CLASSIFICATION OF LANDS OF CHARLOTTE K. SHRIER AND AU'T'HORIZING CONDITIONAL USE OF AN A & W DRIVE-IN IN A C-3, General Commercial Zone IN THE CITY OF TIGARD, COUNTY OF WASHINGTON., ( THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Council finds that the lands hereinafter described have heretofore been and are now classified for C-3, General Commercial uses pursuant to zoning ordinances of the City of Tigard. Section 2; The Council further finds that pursuant to prescribed procedures application for conditional use of said land has been filed to enable the use thereof for an A & W Drive-In Restaurant within the C-3, General Commercial zone; that a public hearing was held by the Planning Commission on April 17, 1973 after due and legal notice, and the findings of the Commission recommending disapproval are on file with the City Recorder, a copy whereof is hereto 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 May 14, 1973, and continued to June 11, 1973, and thereafter continued to June 25, 1973; and at all said hearings all parties at interest-,were afforded an opportunity to be heard and to present and rebut evidence. Section 4: The Council hereby makes the following findings: (1) That the proposed use is consistent with Sec. 18.28.020 of the Tigard Municipal Code and may be authorized in the C-3 zone, subject to such conditions as may be necessary in the judgment of the Council to provide protection for the general public and the surrounding neighborhood. (2) That the following conditions are necessary and in the public interest in accordance with Section 18.72.010 Tigard Municipal Code: a. That one-way access from Pacific Highway be Limited to one drive-way entrance located on the-.southwestern portion of the subject property. One drive-way, access or exit shall be provided on Garrett Street. b.- The site plan and landscape plan shall be subject to.approval_by the Planning Commission as required by the Tigard Municipal Code, and applicant shall comply with 'conditions of such approval. Section 5: That in accordr,,nce with the foregoing, the proposed conditional use of the following described lands and the same is hereby approved. See Exhibit "A" Page 1 - ordinance No. 73- 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 I - day of tl�,, 1973. F' Recorder - City igI a (/7 APPROVED: By the Mayor, this �7,t- day of ��,,,, 1473. Mayor City of Tigard 4 M Page 2 - ordinance No. 73--j2_ EXHIBIT "A" point on the West line of Lot 10, Frewing's Orchard Beginning at a p 2 Tracts, Washington County, Oregon, 2.41 chains North of the Southwest corner of said l.ot; thence North 240 37' East, on a line Westerly of that tract conveyed to Glenn Cade, et ux, by deed recorded in ords, 2.9 chains to a point on the North Book 205 at page 97; Deed Rec line of said Lot 10; thence continuing on a line North 240 37' East, on a Line weste_ly of that tract conveyed to Glenn Cade, et ux, by deed recorded in Deed Book 258 at page 817, a distance of 0.99 chains to a point; thence North 610 05' west 1,82 chains to a pipe set at a re-entrant angle of Lot 8, Frewings Orchard Tracts; thence continuing on a line North 610 05' West 1.07 chains, more or less, to the centerline of County Road No. 477; said County Road No. 477 now being within the right-of-way of S.W. Pacific Highway (State Primary Highway No. 1 West - Pacific Highway West); thence South 170 West 51 links to the most westerly corner of Lot 8, Frewing's Orchard Tracts; thence South 220 West 2.45 chains, more or less, along the center of County Road #477; thence in an Easterly direction, on a line North of that tract conveyed to Harold N. Cutting, et ux, by deed recorded in Deed Record Boo;: 197 at page 324, 2.03 chains, more or less, to the most Southerly Southwest corner of Lot 8, Frewing's Orchard Tracts; thence South 27' West, on a line Sas t of said Cutting tract and that tract conveyed to Roland W. Ingalls, pt ux, by deed recorded in Deed Bool: 270 at page 455, 2.01 chains to the point of beginning, and being the same property as that described in deed given by Nathilda Gaarde and John Gaarde to Cmil Heilman and Carrie Heilman, recorded rt. :iced Book 114, page 457, exclusive of Lots 8 and 1U, Frewi.ng's Orchard Tracts, including however, such portions of said Lots 10 and 8 as ht:tein described. EXCEPTING, he:efron, than portion thereof which is dithin the right- of-way of ;..:. Pacrfic Highway 'State Privar..• H;ghway No. I West - Pacific i 1 i . .' r, cd�}s A �•. f