Ordinance No. 74-16 CITY OF TIGARD, OREGON
ORDINANCE No. 74
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO 'LONE. CHANGE APPLICATION OF MICHAEL
MAYERNIK AND LUCY MAYERNIK FROM R-7, Single Family and C-2, General CommTlerr_ial
(Washington County designations pre-existing annexation) TO CITt OF TIGARD C-3 -
General Commercial, WITH RESPECT TO TAX LOT 4300, TAX MAP 1S1 36AD, GRANTING
APPLICATION AND FIXING EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that the lands hereinafter described have been
heretofore and are now classified in part as R-7 (Single Family
„czidcn.izl) _.,dnal3irinnal part as C-2 (General Commercial), both pursuant
to the provisions of the Washington County zone ordinance, and that said lauds
have not been rezoned by the City subsequent to the annexation thereof to the
City.
Section 2: The Council further finds that pursuant to prescribed procedures,
application for a change of zone of the entirety of said lands from
the present classifications as herein stated to C-3 - General Commercial - was
the subject of a public hearing held by the Planning Commission on January 15, 1974,
and all interested persons were then and there afforded an opportunity to be
heard, and thereafter the Planning Commission filed its report and recommendations
with the City Recorder, copy whereof is hereto attached and by reference made a
part hereof, recommending approval of said application and change of zone.
Section 3: The Council further finds that after due and legal notice a public
hearing was held on February 11, 1974 before the City Council and that I
at said hearing the applicant and all other parties desiring to be heard were
afforded an opportunity t6 be heard and present and rebet evidence with respect
to said application. r
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Section 4: Rased on the evidence, both oral and documentary, and the record
of said hearing before the City Council, the Council makes the
following findings:
As set forth on the attached Exhibit "B" and by reference made a part
hereof
Section 5: That the use classification of applicant's kinds as described on the
attached Exhibit "A" by reference made a part hereof, being Tax Lot
4300, Tax Map 1S1 36AD, be, and the same is hereby, changed in the respective
parts thereof from R-7 (Single Family) and C-2 (General Commercial) both
Washington County classifications, to C-3 - General Commercial - as set forth in
Title 18 of the Tigard Municipal Code, and the use thereof shall be subject to the
requirements of such zoning classification and further subject to the conditions
hereinbelow listed;
1. That all improvements constructed on the above described
property shall be subject to design approval of the Design
Review Board of the City of,Tigard pursuant to the City's
ordinances.
2. That the topography site and surface drainage shall to so
constructed as to direct storm water away from adjoining
residential areas.
3. That at the request of the City of Tigard at any time
that a local improvement district shall be proposed for the
purpose of improving S.W. 69th Street in accordance with the
City's street standards, the owner of the above described lands'
shall be obligated to support the formation of such local improvement
assessment district for such purpose.
ORDINANCE No. 74=
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4, That the laurel hedge now present upon the said premises i
shall not be removed in connection with the development of said
Fite except upon prior approval of the Site Plan Review Board.
Section 6: This ordinance shall be effective on and after the 31st day after
! its pas-sage by rhe Cnuncil and approval by the Mayor.
PASSED: By unanimous vote of all Council members present after being
read three times by title and number only, thi-- day
of Xp r4y k 1974.
Recorder - City of Tiga
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APPROVED: By the .Mayor, this j jr day of ,/•n+ey, 1974.
Y
Mayor.- Ci,y of Tigard,
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ORDINANCE No. 74-,// Page 2
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EXHIBIT "An
The following described property situated in the County
of Washington and State of Oregon, to-wit:
Lot 11 of Blockll, of VILLA RIDGE, exc;npt 61,,aw portion
thereof conveyed to Charles W. Livesay by deed recorded
in Book 154, page 377, of the Deed Records of Washington
County, State of Oregon;
And, also,
Lot 2. Block 1, VILLA RIDGE, in the County of Washington
and State of Oregon, except that portions conveyed to the
State of Oregon, by United States National Bank of Portland,
Oregon, by Deed recorded on January 19, 1931, in Book 1460
page 156, said County records.
EXHIBIT "B"
FINDINGS OF THE CITY COUNCIL
iiith respect to appliCati nn of MICHAEL i+iAYEn ITK et ux
®- - for change of zone classification.
Based on the evidence both oral and documentary and the
record of the hearing before the City Council of Tigard on Feb-
ruary 11, 1974, the Council makes the following findings:
(1) That the Tigard Community Plan, otherwise known as the City's
"Comprehensive Plan", designates the lands described on the
attached EXHIBIT "A" for general commercial purposes to
accommodate retail and service commercial usus in recog-
nition of the fact that the property abuts upon Pacific
Highway West (99'1) and commercial development exists not
only either iimaediately adjacent to or in the near vicinity
of the subject tract, northerly and southerly thereof, but
also across the highway easterly from the site. Therefore,
the proposal is consistent with the City's Comprehensive
Plan.
(2) That the applicant's presentation does by a preponderance of
the evidence support not only the outlook that the change of
zone as requested will fulfil a public need to conform these
lands to the general pattern for general commercial use,
but as well such need will be best served by changing the
classification of these particular lands as compared to
other property available for such use, inasmuch as there are
no other lands presently available which are suitable for
the development proposed by the applicant. Moreover, the
subject lands are part of a small intermitted frontage along
Pacific Highway West which until recently was subject to
Washington County jurisdiction and due to the recent annexa-
tion it is necessary to bring said lands into conformity
with the City's comprehensive development pattern.
(3) That pubiic services, including water, sewerage collection
and disposal, electricity and gas, are immediately available
to the siha, and the site abuts upon and is readily acces-
sible to and from Pacific Highway West, and the tract has
reserved rights of access to the thoroughfare without danger
of hazard of any greater impact to the travelling public than
that which is present with respect to the greater, portion of
the highway expans-e—of other lands throughout the city.
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EXHIBIT "g" - Findings of t Q City Council