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Ordinance No. 75-48 CITY OF TIGARD, OREGON ORDINANCE NO. 75- 48 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT OF THE 1970 ZONING MAP OF THE CITY OF TIGARD AS AMENDED, SAID AMENDMENT BEING REQUESTED BY PAY LESS DRUG CO. NORTHWEST, INC., IN BEHALF OF WASHINGTON COUNTY SCHOOL DISTRICT NO. 23-J, bIRS. MARTHA LOUIS ARISS AND MR. W. C. McCALL, THE LEGAL OWNERS OF THOSE PROPERTIES INVOLVED, AUTHORIZING THE USE OF SAID LANDS AS A PLANNED DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 18.56, TIGARD MUNICIPAL CODE, WITH RESPECT TO ALL OF TAX LOTS 800 and 900 AND PARTS OF TAX LOTS 600 AND 700 ON WASHINGTON COUNTY TAX MAP 2S1 2AA, GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Council finds that the lands hereinafter described (hereafter called the "subject property") have heretofore been and are now classified C-3M, General Commercial-Main Street (tax lot 900) and C-3, General Commercial (tax lots 600, 700 and 800), pursuant to the zoning ordinances of the City of Tigard. Section 2: The Council further finds that pursuant to prescribed procedures, an application for amendment of the zoning map by designating the subject property a commercial planned development district and for consideration of a General Plan and Program was the subject of a public hearing held by the Planning Commission on October 21, 1975. The Commission has heretofore filed its report with the City Recorder, and a copy of that report is attached to this Ordinance and by reference made a part hereof. The Planning Commission report recommends approval of the application. Section 3: The Council further finds that, after due and legal notice, a public hearing was held on October 27, 1975, by an impartial Council, and that at said hearing the applicant and all interested parties were afforded an opportunity to be heard and to present' and rebut evidence will", respect to said application-U. Section 4: Based on the evidence both oral and documentary and the record of said hearing before the City Council makes the following findings: (a) That the Comprehensive Plan entitled "Neighborhood Planning Organization Number One," as amended, includes the subject property as part of a larger area designated for Retail Commercial development, and that granting of the applicant's request complies with that plan. (b) That this proposed amendment to the zoning map is consistent with a public need shown by the applicant for the proposed commercial facilities. (c) That the proposed planned development, subject to the conditions hereinafter set forth, will not unduly burden the adjacent neighborhood, nor will it have an undesirable impact upon the community. ORDINANCE NO. 75- 4$ r (d) That public services, including water, sewer, storm drainage, l electrical and gas utilities are readily available to the site . and are sufficient, providing certain conditions hereinafter set � forth are satisfied. (e) That necessary and Legal public access and egress is to be provided by the applicant pursuant to the general development plan and program attached hereto and made a part hereof by reference. (f) That the proposals of the applicant, with respect to dedications of Public lands and rights-of-way, construction of public improve- ments, landscaping and those other improvements and amenities identified in or shown by the general plan and program, attached hereto and a part hereof, and those further requirements and conditions as recommended by resolution of the Planning Commission and the Design Review Board, all hereinafter set forth, will enhance the acceptability of this'proposed commercial development. b (g) That the applicant is an owner of the subject property Y virtue of an agreement in the nature of an option between the applicant, Payless Drug Stores Northwest, Inc., and School District 23J, Washington County. That because of the nature of the planned development described to the Planning Commission and the City Council by the application :, herein pending, and because of the interests of the citizens of the City of Tigard in keeping the subject property available for sale by the school district and development by another purchaser in the event the applicant fails or declines to exercise its rights under the option agreement referred to above, the zone change accomplished ' by this Ordinance should not take effect until such time as title to the property vests in the applicant, and, in the event the applicant has not acquired title to the property by midnight January 15, 1976, the zone change should not take effect at all, and d. the zoning designation of the subject property should continue in { its present state. ,. Section 5: The City of Tigard, therefore, pursuant to the requirements of Chapter 18.88, and Chapter 18.56 of the Tigard Municipal Code, hereby approves the applicant's request for an amendment of the Tigard Zoning Map of 1970 as amended, subject to all applicable requirements of Chapters 17 and 18 of the Tigard Municipal Code and further subject to the requirements, conditions and any restrict- tions that may be embodied in this ordinance and its exhibits, hereto,attached and made part hereof and identified as follows: Exhibit A. General Site Plan Exhibit B. Statement of Variances Required Exhibit C. Traffic study prepared by Carl H. Buttke, dated November 3, 1975 entitled "Traffic Impact Proposed Commercial Development Main and Scoffins Street for Payless Drugstore Northwest. " ORDINANCE NO. 75- 48 Page 2 r t and subject to the following requirements and conditions of approval: 1. Pay Less provide storm sewer subject to public works approval. Z. That no left turns be permitted from or to Pacific Highway between Main Street and Hall Boulevard and that a no left turn island be provided by applicant on Pacific Highway. 3. Land be dedicated for public street right-of-way as shown for Scoffins Street widening and Main Street realignment. 4. That Scoffins Street be developed to a 36 foot roadway in a 60 foot right-of-way to south property line. 5. That each street improvement recommendation contained in Exhibit C above be executed and emplaced by applicant. 6. That all street and public facilities improvements be made to meet City standards, including but not limited to curbs; sidewalks and storm drainage. Section 6: This ordinance shall become effective upon the filing with the City Recorder of the City of Tigard of a copy of a duly executed deed conveying the fee simple title to the subject property to Payless Drug Stores Northwest, Inc., or upon the thirtieth day after its passage by the Council and approval by the Mayor, whichever shall last occur. In the event the filing of such a deed has not been accomplished by midnight January 15, 1976, the Ordinance shall not take effect at all, and the zoning designation of the subject property shall remain in its present state. Section 7: The applicant shall, pursuant to Section 18.56.050, Tigard Municipal Code, within one (1) year of the effective date of this Ordinance, file a final plan and program with the City. Section St If substantial construction or development has not taken place Within one (1) year of the 'effective date of this Ordinance, this ordinance shall be void. PASSED: By l7naN,rrwu s vote of all Council members present this >o day of 1975. Councilman ok abstained. E Recorder - 'City of Ti d APPROVED: This 1 day of J1ytZ.0 ov , 1975. Mayor City of Tigard f APii7...AiANC.F. `v0_ 75- 48 - Page -3 CITY OF TIGARD P. O, Box 23557 12420 S, W, Main Tigard, Oregon 97223 January 19, 1976 Roger Thomssen Dept. of Records & Elections Washington County Courthouse Hillsboro, Oregon 97123 'Dear !Ar. Thomssen: ` Please record the following deed in the Washington County deed records: Lots 5,6,7,8, 14 and 15, Tigard Highway Tracts, Pay Less Drug Stores Northwest, Inc. Our check to cover recording costs is enclosed. Sincerely, Doris artig City Recorder DH:ms Enclosure January 20, 's?6 The Deed you sent to be recorded is a copy. We will need the Deed with original signatures and notary to record In Deed Records, L. Cook, Deputy Recording Division FRED ANDERSON STATED TITLE INSURANCE COMPANY RECORDED THE DEED AND ALL WE NEED TO DO IS FILE. THIS INFORMATION WITH THE ORDINANCE. DORIS HARTIG 1/22/7 , t SCHOOL DISTRICT 140. 23J, WASHINGTON COUNTY, OREGON, hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by PAY LESS D11UG STORES NORTHWEST, INC., a Maryland corporation, hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee, and grantee's successors and assigns, that certain real property, i with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in tLe County of Washington, State of Oregon, described as follows, to-wit: s` Lots 5, 6, 7, 8, 19 and 15, TIGARD HIGHWAY TRACTS, 4 in the City of Tigard, Washington County, Oregon, SUBJECT TO rights of the public in any portion within highways and roads, zoning and use restric- tions,and the usual printed exceptions of title policies, including any state of facts that an a,curate survey would show; and SUBJECT TO any ad valorem taxes hereafter levied or assessed against said property. TO HAVE AND TO HOLD the same unto the said grantee and grantee's suc- cessors and assigns forever. p And said grantor hereby covenants to and with said grantee and grantee's 1B successors and assigns, that grantor is lawfully seized in fee simple of the ¢ above granted premises, free from all encumbrances, except as above stated, and any encumbrances arising by, through or under grantee at any time, and that grantor will warrant and forever defend the above granted premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration paid for this transfer, stated in terms of dollars, is $360,000.00. In construing this deed and where the context so requires, the singular includes the plural. IN WITNESS WHEREOF, the undersigned officers of School District No. 23J, Washington County, Oregon, acting,.pursuant to resolution of its Board of Directors, duly passed on theday of �,-,: C_ 1975, have executed this instrument on the _day o 197`. SCHOOL DISTRICT NO. 23J 1 By i Chairm—, STATE OF OREGON ) � / } ss. L.- 1L � 7- _ 1975. County of Washington } Personally appeared Hans Gerd vont agen and Delbert Fennell who, being duly sworn, did say that the former is the Chair- man, and the latter is the clerk,of School District No. 23J, Washington County, Oregon, and that said instrument was s'_gned in behalf of School District No. 23J by authority of its Board of Directors; and each of them acknowledged said in- strument to be its voluntary act and deed / s.4�—t��_•G� Notary Public for Ore gd�3 My Commission Expires,Y 4.k_ Until a change is requested, all ' tax statements are to be sent to the following address: Y tri CITY OF TIGARD JANUARY '12r 1976 i ' f LAW OFFICES BLACK, KENDALL,TREMAINE, BOOTHE & HIGGINS 3100 FIRST NATIONAL BANK TOWER GEORGE BLACK,JR. PORTLAND,OREGON 97201 JOHN W•KENOALL H.STEWART TREMAINE January 12, 1976 TELEPHONE FERRIS F.BOOTHE Z21-0560 JOHN J.HIGGINS MILTON C.LANKTON DAVID J.KRIEGER MIC HAEL H.SCHMEER ROBERT J.MILLER STUART A.HALL TERRY UzSYLVIA SU EJ ECT Pay Less Drug Stores Northwest, Inc. 00 UGLAS G.BECKMAN LTZEL .. OIONALO J.REEO MAN RECEIVED ��l�y��7 CHARLES R.MARKLEY @F$YCE f VED JAN ii�`a,�'i�11 N 12 1976 CITY OF TIGARG City Recorder City of Tigard 12420 S. W. Main Tigard, Oregon Dear Sir: Enclosed for filing is a copy of the duly executed Deed of Conveyance from School District No. 23-J, Washington County to Pay Less Drug Stores Northwest, Inc. of the following described property: Lots 5, 6, 7, 8, 14 and 15, Tigard Highway Tracts in the City of Tigard, Washington County, Oregon together with our check to your order in the amount of $3.00 to cover the _cost of filing the same. Please indicate on a copy of this letter your receipt of the enclosures. Very truly yours. BLACK, KENDALL, TREMAINE, BOOTHE &HIGGINS H. Stewart Tremaine HST:sf Enclosure cc: Joseph Bailey. Attorney ujv RICHARD C. EHMANN & ASSOCIATES . . . ARCHITECTS & PLANNERS 4522 S.W.WATER AVENUE PORTLAND,OREGON 97201 PH, (503)222-4221 ROBERT R. KLAS 17 October 175 GLENN D. SHIRLEY PROPOSED SHOPPING CENTER ON FORMER FOWLER JUNIOR HIGH SCHOOL SITE MAIN STREET AND SCOFFINS STREET AT HIGHWAY 99W. Submitted as Planned Development District (P-D) Chapter 18.56. Chapter 18.56.030 (b) (1) A topographic map has been submitted. (2) A plan of the project has been submitted. (3) A statement is attached. (d) (1) PLAN ELEMENTS (A) A general development plan in conformance with the approved preliminary plan has been submitted dated 16 October '75. Comments following refer to this plan. (B) Map at (A) shows contours. (C) Streets and land uses have been submitted and are part of the record. (D) Utilities are shown. (E) Water, retention system is planned and discussions on utilities are part of the record. (F) Not applicable. (G) Not applicable. (H) Areas to be dedicated are shown. (I) Not applicable. (J) Traffic flow is"shown. (K) Pedestrian walks are shown. (L) Parking is shown. F. 1r (M) Truck docks are shown. (N) Elevations of buildings are shown on drawing and perspective sketch dated 17 October 175. (0) Existing trees are shown. r; (P) Screen plantings are shown. (Q) The main building complex (Pay Less, Albertsons and con- Y' tigous,shops)will be Phase I of construction, along with the two satellite structures on Main Street. The office 41 building on Scoffins Street behind the main building is in Phase II. . - E C, e la. 7s -'/j0 AWAOXX DPOI AMOMS NORTHWEST INC. EXECUTIVE OFFICES AND WAREHOUSE 10605 S.W.Allen Blvd., Beaverton,Oregon,97005 October 17, 1975 I Planning Commission City of Tigard Tigard, Oregon Re: Tigard Gentlemen: In support of our petition for an amendment of the zoning map in accordance with Chapter 18.88, we are requesting no deviation or t variances from the standards prescriped in Titles 17 and 18. Sincerely, riu e it Vice R sidgntJ � -1=4sa._t-e e HBH:1m C ' t 'h rd 15-9s a �]���►eil�Ti} Ii�ali+ I�7AIfI 1pIIIe I['['III] q mi I {I t I a I i r r l .�,. 1 . _f7j I��m _�! .` �_� L j. ( � 1Tlrrq►itl'IT—411off)lilItilppll-{T101111111tIftl Iprlt�l,l{���I��Irl�y� ..NOTE:._IF THIS MICROFILMED._ �.__ 7 ...: _ _._ 8 � _.. .I i DRAWING IS LESS CLEAR THAN - _. ... ._.._ ...—- THIS NOTICE, IT IS DUE TO .. . THF QUALITY OF THE ORIGINAL y DRAWING. osr sz sz tz sz sz tz_ ez zz Iz oz st st +,r__..el zi- If at 6.__®_ _z__.9__.. 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