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Ordinance No. 74-24 CITY OF TIGARD, OHE,10,1 ORDINANCE NO. 74-_�+_ AN ORDINANCE RECLASSIFY ING CERTAIN LANDS 1,1ITHTN AN ARIA OF THE CITY OF TIGARD HERETOFORE DESIGNIAT1:D AND KNOWN .4S "PACIFIC HIGHxIAY/69T11 A«V'JE° ABWA FRO,, HASII1NGi:ON COU11 Y ZONING AND USE CLASSIFICATIONS TO EQUAL APID COMPARABLE ZONING AND USE: CLASSIPI CATIONS OF THE CITY OF TIGARD THEREBY BRINGING SAID AREA RECENTLY ANNEXED TO THE: CITY OF TIGARD INTO CONFCh'(,1ITY WITH AND SUBJECT TO THE ZONIAJC ORDINANCES AND RLCULA`1'IONS OF THE CITY OF TIGARD AdD TERMINATING THE APPLICA- PILITY THERETO OF I�TASHINGTON COUIITY LONI',0 ORDINANCES DR REGULATIO;S; z'IXITJn A?! EFFECTIVE DATE AND DECLARING AN EPLEIIGENCY. THE CITY OF TIGARD ORDAINS AS FOLLO11S: Section 1: The City Council finds that certain area heretofore designated as "Pacific highway/69th Avenue" area, as more particularly described on the attached. Exhibit "A", and by this reference made a part hereof, was annexed to the City of Tigard by recent order of the I,Ietropolitan Boundary Commission and confirmed by City Ordinance, and that said lands were hereto- fore subject to zoning and land use jurisdiction of Washington County, Oregon, pursuant to Section 227.310 ORS. Section 2: That the City Council further' finds that after due and legal notice as by City ordinance required, a hearing was duly and regularly held by the City Planning; Commission on April 2, 1974, whereat all interested persons were afforded an opportunity to be heard with respect to the conversion and transi- tion of the said lands described in Exhibit "A" from County zoning and land use jurisdiction and classifications to comparable and equal zoning and land use classifications as provided by the ordinances of the City of Tigard, and thereafter the Planning Commission, pursuant to Section 18.56.040 of the Tigard Municipal Code, submitted findings and recommendations as hereto attached, marked Exhibit "B", and by this reference made a part hereof. Section 3: The Council further finds that after due and legal notice a hearing was duly and regularly held by the Council at its regular meeting of April 22, 1974, whereat all in- terested persons and the general public were afforded a further opportunity to be heard with respect to the proposal to transfer zoning and land use jurisdiction from Washington County to the City of Tigar3 and to redesignate the classifications and uses of said lands from Washington_ County designation to equal and com- parable classifications and uses of the City of Tigard. The Commission's findings as filed with the Council are hereby adopted as the findings of the Council. Section 4: In accordance with the foregoing and in conformity with the Zoning Ordinances and Regulations of the City of Tigard each of the tracts and ownerships of lands described in the attached Exhibit "A" and the zoning use classification of each thereof be and the same is hereby changed and reclassified from the Washington County use classification hereinafter set forth as applicable to each tract and ownership to the equal or comparable City of Tigard zoning and use classification hereinafter appearing and each and all of said tracts are hereby subject to the require- ments of Title 18 of the Tigard Municipal Code applicable to each of said land and use classifications: Page 1 - ORDINA14CE No. 74- a9471 Washington County Use City of Tigard Comparable Classification and Equal Use Classification RU-4, Urban Residential R-7, Single Family District to Residential B-4, General Exten,i.vc C-3 General Commercial. Commercial District to Zone Section 4: Inasmuch as it is necessary in order to preserve the integrity of the land use regulations and to provide fnr the immediate transfer of the lands described on Exhibit "A" from County Zoning regulations and ,jurisdiction to City zoning regulations and jurisdiction and to enable the City of Tigard to provide for the proper utilization and use regulations of said lands, ir order to protect the public interest and the peace, health and safety of the people of the City of Tigard, it is necessary that this Ordinance become effective with the least possible delay, and therefore an emergency is declared to exist and this Ordinance shall be effective upon its passage 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 day of May, 1974. Recoraer - Cit of Tigard APPROVED: By the Mayor this ,day of May, 2974. Mayor � ity 01- T and i s Page 2 - ORDINANCE No. 74- a� Y ( . - _ Legal Description A EXHIBIT "A" That portion of land in Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Beginning at the East quarter section corner of said Section 36; running thence ` Suu ut, along the East boundary line of Section 360 a distance of 220 feet,more e NArrh or less, to a point of intersection with an Easterly exrensiut, of P i boundary line of that tract of land conveyed to George F. Paulsen as recorded y in Book 506, on Page 345 in Washington County Deed Records; thence North 89° 41' 51" West, along the said extension and (along the)'North boundary line of the Paulsen tract and continuing along a Westerly extension thereof, a distance of 663 feet, more or less, to a point of intersection with the West boundary �. line of that tract of land conveyed to Portland General Electric Company as recorded in Book 456 on Page 433 in Washington County Deed Records; thence North 00° 20' West, along the West boundary line of the -said Electric Company tract of land, a distance of 215 feet, more or less, to the Northwest corner thereof; thence South 89° 41' 51" West, along the North boundary line, of the said Electric Company tract of land, a distance of 189,01 feet to the Southeast corner of that tract of land under contract to Peter B. Bedford as recorded in i 1 Book 825 on Page 007 in Washington County Deed Records; thence North 00° 27' i 55" East, along the East boundary line of the Bedford tract, a distance of 697.01 feet to the most Northerly corner thereof; *said most Northerly corner of �. the Bedford tract being a point in the Southerly right-of-way boundary line of State Primnary Highway No. 1 West (S.W. Pacific Hi&hway West); thence continuing North 00° 27' 55" East, along a Northerly extension of the East boundary line 'of - the Bedford tract of Land, a distance of 100 feet, more or less, crossing said State Highway to a point of intersection with the. Northerly right-of-way boundary line of said State Highway; thence Southwesterly, along the Northerly right-of-way boundary line of said State Highway, a distance of 500 feet, more or less, to a point of intersection with theEastright-of-way boundary line of County Road No. 1456 (S.W, 69th Avenue - 60 foot wide); thence North 00° 04' West, along the said ri;ht-of-way boundary line of County Road No. 1456, a distance Of 375 feet, more or less, to a point of intersection with the South right-of-way boundary line of County Road No. 1758 (S.W. Pine Street - 60 foot wide); thence South 89° 58'. East, along the said right-of-way boundary line of County Road No. 1753, a distance of 190.00 feet to the Northwest corner of that tract of land conveyed to Issac C. & Rachel Baruch as recorded in Book 308, Page 539 in Washington,County 'Deed Records; thence North 67° 40' East, along the North line of the Baruch tract of land and along a Northeasterly extension thereof, i a distance of 415.35 feet to the Northerly most Northeast corner of that :tract of ,land conveyed to Jack D. & Norma A. Merrill as recorded In Book 481 on Page 488 in Washington County Deed Records; thence South,' along the East boundary j line of the Merrill tract of land and along a Southerly extension thereof, a j distance of 100,00 feet, to the Southeast corner of that tract of land conveyed to Laura Moser as recorded in. Book 749 on Page -350 in Washington County Deed j Records; thence North 670 36' East, along the South boundary line of the Moser tract of land and along a Northeasterly extension thereof, a distance of 387.00 feet to the North:ast corner of•that tract of land conveyed to;Harold Bradley as recorded in Book 814 on Page 430 in WashingtonCounty Deed Records; said Northeast`corner of the Bradley tract being'a point in the East boundary line of said Section 36; thence South', along the East boundary line of the Bradley tract k, of land, a distance of 223.60 feet to the Southeast corner thereof; said South- k.:;, t4st corner of the Bradley tract being a point in the Northerly right-of-way boundary line of the aforesaid State Highway and also being a point in the East boundary lima of said Section 36; thence South, along the East boundary line of Section 36. a distance of 155 feet, more or less, crossing said State Highway to a-point of intersection with the Southerly fight-of-way boundary line of said State Highway; thence continuing South; along the East boundary Line of said Section 36, a distance of 786.5 feet, more or less, to the point of beginning of this description. Staff Findings EXHIBIT "B" *1•. Oregoa 'Revised Statutes, Chapter 227.310 states the follO,Ing with regard to zoning in annexed areas. "'Zoning and Land Use regulations applicable to area outside City continue to apply to area when included within City until altered or discontinued by city. Zoning or land use ordinances or zoning regulations applicable to any area not within a City shall not cease to apply to the area merely because such area is later included within a city, but shall continue to apply until altered or discontinued by the legislative body of the City in a manner provided by law." 2. Tigard Municipal Code, Section 18.12.020 Annexations states the following: "Zoning regulations applicable to an area prior to annexation to the city shall continue to apply and shall be enforced by the city until a zone change for the area has been adopted by the City Council..." 3. Generally, the proposed zone changes Involve a strip of commercial development on the north and south sides of S.W. Pacific Highway. mti_ _ _ Td. atedl of 0An •tiP ..Fj PAh area- Texaco ava atdw lll� v4J- .au-ice.-. ...�� ._,_ - _ -- -- - ---- - Texaco & Mobil service stations Tigard Inn Motel Key West Restaurant & Lounge Kentucky Fried Chicken Todd's Restaurant Gaffer's Pub Office 0 One single family dwelling exists on the southeast corner of S.W. 69th Avenue and Pine Street. A Portland General Electric sub-station is located south of S.W. Pacific Highway, adjacent the Mobil service station and Gaffer's office building. All property fronting on S.W. Pacific Highway is currently zoned County B-40 General Extensive Commercial. The single family dwelling is currently zoned County RU-4, Urban Residential and the PCE sub-station site is split zoned County B-4 and RU-4. Please see attached map. 4. The Tigard Community Plan designates, with one exception, the subject area As "General Commercial"'these areas being intended to "accomodate a range of retail and service commercial uses that benefit from a highway oriented location". The exception to the General Commercial designation involves the southern- most portion of the PGE sub-station site. This area is designated Residential-Commercial by the Tigard Community Plan. This designation is "intended to accomodate higher-density dwelling structures, including high-rise apartments, combined with a range of compatible office and business uses. 5. The existing County zoning designations and the City zoning designations are rorghly equivalent with the following exceptions: County B-4 (old C-2) General Extensive Commercial District. Permitted Uses: Any retail business; parking garages & passenger terminals; wholesale businesses; manufacturing and processing, provided their entire output is sold on the premises; building supply, equipment.establishments, retail lumber yards, service establishments; automobile sales showrooms& lots; recreation vehicle sales showrooms and lots; drive-in business; farm implement, truck and heavy equipment sale, showrooms and lots; mobile home sales lots and service facilities; veterinary hospitals; open air businesses;offices;institutional uses; automobile and vehicle repair, welding shop and automobile service part facilities. City C"3, General Commercial. Permitted Uses: See sections 18.28 and 18.32 (TMC) for permitted and conditional uses. Approval of City's request to change existing county zoning classifications to comparable City zones. Said changes are descirbed as follows: All County B-4, General Extensive Commercial District to City C-3, General Commercial zone,` All County RU-4, Urban Residential District to City R-7, Single Family Residential zone.