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Ordinance No. 73-19 f- ii CITY OF TIGARD, OREGON ORDINANCE N0.73- ►0[ ' AbI ORDINANCE ADOPTING FINDINGS WITH RESPECT TO APPLICATION OF TRAVERS/JOHNSTON FOR CHANGE OF ZONE CLASSIFICATION FROM R-7 (Resi- dential) TO C-P (Commercial-Professional) WITH RESPECT TO TAX LOTS i 1600, 1601 and 1700 2S1 1AC, GRANTING APPLICATION FOR CHANGE OF LAND ? USE CLASSIFICATION AND FIXING EFFECTIVE DATE. THE CITY OF TIG!1RD ORDAINS AS FOLLOWS: Section 1: The Council finds that the lards hereinafter described have heretofore been and are now classified R-7 (Single { Family Residential) pursuant to the zoning ordinances of the City of Tigard. Section 2.: The Council further finds that pursuant to prescribed 1 procedures, application for change of zone of said lands ,. from R-7 (Residential) to C-P (Commercial-Professional) was the sub- ject of a public hearing held by the Planning Commission May 15,1973 and the Commission has heretofore filed its report with the City Recorder, copy whereof is hereto attached and by reference made a part hereof, recommending approval of the application. i Section 3: The Council further finds that after due and legal notice a public hearing was held on June 25, 1973 before an impartial council, and at said hearing all parties at interest were afforded an opportunity to be heard and to present and rebut evidence. Section 4: Based upon the evidence adduced at the said hearing ; before the City Council, the Council makes the follow Ing findings: (a) That the existing R-7 (Single Family Residential) classi- ficatioi-2 for the hereinafter described lands is not in accordance with the Tigard Community Plan, and that {, the proposed use classification C-P (Commercial- Professional) conforms to the Tigard Community Plan designating the area as Commercial-Residential. (b) That there is a public need for lands in the Tigard community to be classified for development for com- mercial-professional uses and that the lands herein- after described properly meet such need for the reason _ that office facilities are limited within the City of Tigard, there being a low vacancy rate of office facil- ities in the City as documented in the market analysis submitted by the applicant, and that the particular site will not impose upon the neighborhood any undue burdens if developed for commercial-professional purposes. (c) That public services, including water and sewer, are available to said site, and the proposed use thereof does not impose upon the public any problems incident s-� to the development disproportionate to the benefits thereby conferred, considering that the site location 1! is highly accessible to Highway 217 and the 72nd Avenue terchange, and the C-P use does not give rise to at }ue traffic volume or hazards, particularly consider- ing the projected improvements of the adjoining streets `z to which the applicant has consented. Page 1 - ORDINANCE No.73-_!J_ w . i (d) That the City does hereby consent to and accept the applicant's offers under Items 1, 2 and 3 hereinafter stated, and the applicant should make provision there- for in connection with the site and development plan for said lands: j 1. That 10 feet along S.W. Hampton Street will be dedicated to the public or to the City to enable development of Hampton Street as a boulevard with a landscaped median strip. 2. That the applicant will concur in the forma- tion of a local street improvement district including those portions of S.W.Hampton Street and S.W. 72nd Avenue, which abut upon the hereinafter described lands, to upgrade the said streets to meet local city street standards. 3. That all signs to be located with respect to, or placed upon, said premises by the applicant, shall be subject to the approval of the City Planning Com- mission. Section 5: That the use classification of the applicant's ]ands, as described on the attahhed Exhibit "A" by reference made a part hereof, be, and toe same is, hereby charged from the present R-7 (Single Family Residential) to C-P (Commercial- Professional, in accordance with the foregoing. Section 6: This ordinance shall become effective on the 31st day after its passage by the Council and approval by the i Mayor. t r otin PASSED: u ?l members present, after By unanimous vote of all/onc being read three times by number and title only, this 9th day of July, 1973. ecor er ty'o T gar APPROVED: By the Mayor, this 9t ay of July, 1973. r Page 2 - ORDINANCE N0.73 L„ _ EXHIBIT "A" Parcel 2: A tract in GOVERNMENT LOT 2, of Section 1, Township 2 South, Range 1 ' West, Willamette Maridian, Washington County, Oregon, described as follows: Beginning at a point 194 feet North of the Southwest corner of GOVERNMENT LOT 2 in the Northeast quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, State of Oregon; thence running East 660 feet; thence North 400 feet; thence West on a line South of that tract described in deed Book 353, Page 643, to Lloyd A. Anderson, 660 feet; thence South 400 feet to the place of beginning. ti EXCEPTING THEREFROM the East 425 feet, the West line thereof being parallel with and 425 feet distant from (when measured at right angles to) the East line thereof: SAVE AND EXCEPT that portion thereof " conveyed to the State of Oregon by deed recorded in Book 593, Page 13, Records of Washington County, Oregon. I-. Parcel II: 7=' A tract in GOVERNMENT LOT 2, of Section 1, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: The Fast 425 feet of the following described tract of land, the West line thereof being parallel with and 425 feet distant from (when measured at right angles to) the East line thereof: Beginning at a point 194 feet North of the Southwest corner of GOVERNMENT LOT 2 in the Northeast quarter of Section 1, Township 2 Scuth, Range-I West of the Willamette Meridian, in Washington County, State of Oregon, thence running East 660 feet, thence North 400 feet; thence West on a line South of that tract described in deed recorded in deed Book 353, Page 643, to Lloyd A. Anderson, 660 feet; thence South 400 fect to the place of beginning. SAVE AND EXCEPT that portion thereof conveyed to the State of Oregon by deed recorded in Book 593, Page 13, Records of Washington County, Oregon. Parcel III: A part of Lot 2, Section 1, Township 2 South, Range l West, Willamette Meridian, Washington County, Oregon described as follows: Beginning at the Southwest corner of said Lot; thence North 194 feet; thence East 660 feet; thence South 194 feet; thence lest 660 feet to the point of beginning. SAVE AND EXCEPT that portion lying within the State Highway, as taken 9.n Final Judgment entered August 4, 1966, in Condemnation Proceeding No. 29-959, Circuit Court, Washington County, Oregon. ORDINANCE No. 73- _