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Ordinance No. 75-44 CITY OF TIGARD, OREGON ORDINANCE No. 75-_!�_ AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY OF TIGARD ON THE NORTHEAST QUADRANT OF THE INTERSECTION OF S. W. 98th STREET AND S. W. DURHAM ROAD FROM WASHINGTON COUNTY ZONING AND USE CLASSIFICATIONS TO COMPARABLE ZONING AND USE CLASSIFICATIONS OF THE CITY OF TIGARD, THEREBY BRINGING SAID AREA RECENTLY ANNEXED TO THE CITY OF TIGARD INTO CONFORMITY WITH AND SUBJECT TO THE ZONING ORDINANCES AND REGUL_QTTONS OF THE CITY OF TIGARD AND TERMINATING THE APPLICABILITY THERETO OF WASHINGTON C OUN1Y COVING O D_L` iNTCES OR. REGULATIONS; AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council finds that certain area heretofore designated as "the northeast quadrant of S. W. 98th Street and S. W. Durham Road, as more particularly described on the attached "Exhibit All, and by this reference made a part hereof, was annexed to the City of Tigard by recent order of the Metropolitan Boundary Commission and confirmed by City Ordinance, and that said lands were heretofore 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 Sep- tember 2, 1975, whereat all interested persons were afforded an opportunity to be heard with respect to the conversion and transition of the said lands described in "Exhibit All from County zoning and land use jurisdiction and reclassifications 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 October 13, 1975, whereat all interested per- sons 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 Tigard and to re- designate the classifications and uses of said lands from Washington County designation to comparable 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 All and the zoning use classification of each-there- of be and the same is hereby changed and reclassified from the I - ORDINANCE No. 75AN - Washington County use classification hereinafter set forth as appli- cable 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 requirements of Title 18 of the Tigard Municipal Code applicable to each of said land and use classifications: Washington County Use City of Tigard Comparable Classification and Equal Use Classification RU-4, Urban Residential R-7, Single Family Residential District District In addition the approval is subject to the following conditions: The conditional use must be exe_^oised within three years, public sewer must be provided, site and building shall be subject to approval by Design Review, dedication of additional right-of-way, and compliance with all applicable zoning and health codes. Section 5: Inasmuch as it is necessary in order to preserve the integrity of the land use regulations and to provide °or the immediate transfer of the lands described on "Exhibit All from County Zoning regulations and jurisdiction to City zoning regulations and jurisdiction and to enaole the City of Tigard to provide for the proper utilization and use regulations of said lands, in 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 Ordiriance 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 13th day of octoher , 1975. Recorder City of ' 'Bard APPROVED: By the Mayor this day of1975. � �- Mayor - City of Tigard 2 ORDINANCE No. 75- - ....... ......__.. _ EXHIBIT "A" Beginning at the northwesterly corner of Lot 19, Alderbrook Farm, a duly recorded subdivision of record in Book 2, Page 69, Plat. records of Washington County, Oregon; thence running south 00 07' 21" West a distance of 894.26 feet, along the west line of said Lot 19 of Alderbrook Farm, toa point of inter- section with the center line of Durham Road (County Road #429) , said center line also being the south line of Section 11, T2S, R1W. W.M. ; thence Westerly along said Section Line to a point of intersection with a southerly extension of the center line of S.W. 98th Avenue (County Road 2048); thence Northerly along said center line of S.W. 98th Avenue to the northwesterly corner of Lot 20 of said Alderbrook Farm; thence South 890 54' 31" East a distance of 330.1 feet, more or less, to the point of beginning of this description. ORDINANCE No. 75-44