Ordinance No. 76-04 rl
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CITY OF TIGARD, OREGON
ORDINANCE No. 76 -
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AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY
OF TIGARD, BOUNDED BY S. W. BONITA ROAD TO THE NORTH, S. W. 74TH
AND CITY OF DURHAM TO THE WEST, S. W. JEAN ROAD FORMING THE SOUTHERN
BOUNDARY AND THE SALEM FREEWAY (I-5) TO THE EAST, FROM WASHINGTON
COUNTY ZONING AND USE CLASSIFICATION TO COMPARABLE ZONING AND USE
CLASSIFICATION OF THE CITY OF TIGARD, THEREBY BRINGING SAID AREA
RECENTLY ANNEXED_ TO THE CITY OF TIGARD INTO CONFORMITY WITH AND
T pwT^Y 11 AIM-, nrnrrr nm-rnTTCI nn MTffV f-TTv nL-
SuBjE'C T' O THE ZONING VRDI1VtslVl.r�u &U)w luwuvuni LVivu vL u1i .
TIGARD AND TERMINATING THE APPLICABILITY THERETO OF WASHINGTON
COUNTY ZONING ORDINANCES OR REGULATION: AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The City Council finds that certain area heretofore
designated as the area bounded by S. W. Bonita Road to
the north, S. W. 74th and City of Durham to the west, S. W. Jean
Road forming the southern boundary and the Salem Freeway (I-5) to
the east, 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 Metropolitan Boundary Commiss-
ion and confirmed by City Ordinance, and that said lands were here-
tofore 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 January
6, 1976, 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 "A" from county zoning and land use juris-
diction 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 recom-
mendations as hereto attached, marked Exhibit "B", and by this refer-
ence 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 January 26, 1976, whereat all intersted 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
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.
3
A. .;
Secy 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 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 classizica JOrls.
Washington County Use City of Tigard Comparable
Classification and Equal Use Classification
MA-1, Limited Manufacturing M-3, Light Industrial
Production
B-4, General Extensive C-3, General Commercial
Commercial
RU-15, Urban Residential A-2, Multi-family Residential
High-Medium Density
Section 5: Inasmuch as it is necessary in order to preserve the
integrity of the land use regulations and to provide for
i 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, 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 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 &Ad& vote of all Council members present, after
z being read three times by number and title only, this
-� day of 1976.
x
City Recorder
APPROVED: By the mayor this day ofNIL
--� 1976•
mayor
2 Ordinance leo. 76-�1
Annexation
Exhibit "An
City of Tigard f
Bt�gi.nning at a point being the Intersection of the northerly extension
of the east line of a tract of land conveyed to Kay N. MCCarr and re-
corded in Book 532, page 237, Deed re-
Records of Washington County and
the centerline of SW Bonita Road; thence easterlyalone; the cc2ntei•li.c,,.
of St': Bonita Road to its .intersect ion with the ea;iterly right-oC-v:ay line
of the Southern Pacific Railroad; thence southerly along that rir;ht-of-
way line to a point, that point being the southwest corner of a lot do3-
cr.ibed as:
niche north 94 feet of the south 1.94 feet of lot 47, Fanno Creck �
Tracts, Washington County, Oregon?' ;
thence easterly along the south
line of said lot to the southeast corner of said lot ; thence northerly
along the east line of said lot to the northeast corner of said lot- ;
thence easterly, crossing SW 72nd Avenue (County Road #126) to a point
opposite the northeast corner of said lot on the easterly rightof-way
line of SW 72nd Avenue (Co. Rd. 126) ; thence southerly along said, rip-lit-
of-way line to its intersection with a line drawn 132 feet south of and
parallel to the south line of lots 1, 6 and 7 of Bonita Gardens , a sub-
division of record in Washington County, Oregon; thence easterly along
said line and its easterly extension to a point of :intersection with
the Willamette. Meridian, being also the centerline of R. Ii. Saldock
Freeway, thence south alone; said 1,Ji.11amiette Meridian to its point of
divergence from the centerline of said Freeway; thence continuing
southerly along the centerline of said Freeway to its point of Inter-
section with the south line of Rosewood Acre Tracts , a subdivision of
record in ldash:ington County; thence westerly along that line and its
easterly extension to the southeast corner of Lot 19 , Council View
Acres #1, also a subdivision of record in 14ashington County; thence
north 277 feet along the east line of said Lot 19 to the northeast
corner thereof; thence East 293.33 feet to the northeast corner of
Lot 17, in said subdivision, thence North 317 feet- to the northeast
corner of Lot 4 , in said subdivision #1; thence west 191 . 1 feet to the
southwest corner of Lot 41, in said subdivision; thence North 383 feet
to the southeast corner of Lot 23, in said subdivision; thence West
50 feet to an iron pipe; thence North 100 feet to an iron pipe; thence
Fast 120 feet to an iron pipe; thence North 243 feet to an iron pipe;
on the north line of lot 24 ,in said subdiv:i.si on; thence blest 204 . 3
feet to the northwest corner of lot 21 in said Council View Acres ;
thence continuing westerly 60. 5 feet to the westerly boundary of Upper
Boones Ferry Road; thence north easterly along the westerly boundary
. of Upper Boones Ferry Road to its intersection with the southerly line '
of SW Durharn Road, thence westerly along; the southerly line of SW
Durham Road to its intersection with the southerly extension of the
centerline of S. W. 74th Ave. (County Rd. 1042) ; thence northerly along
said. centerline of SW 74th Ave. to its point of intersection with the
easterly extension of the South line of lot 19, Fanno Creek Acre Tracts , s`
a subdivision of record in Washi.nilt•on County; thence :•Jcstr:rly 503.51
feet to the southwest corner of said lot 19; thence northerly along the
west line of said lot 19 and the northerly extension thereof, to the
southwest corner of that tract of land conveyed to 'hay F. McGarr and
recorded in Book 532, page 237, Deed Records of r•Ja_;hington County;
thence Easterly along the South line of said tract- to the southeast g
corner thereof; thence northerly alone; the East line of s,,-id tract and
the northerly extension thereof, to the point of beginning.
Exhibit 'B'•
STAFF REPORT
Tigard Planning Commission
January 6, 1976
!C 16-75
Agenda Item 5.1
ZONING MAP AMENDMENT
For an area of approximately 220 acres recently-annexed to the
City of Tigard by Boundary Review Commission orders 801 and 867
involving rezoning under provisions of ORS 199.490 (3) (a),
ORS 222.170, and section 18.12.020, Tigard Municipal Code, to
rezone those lands from the current Washington County zone to
the most nearly comparable City of Tigard zone.
`.Phe lands to be rezoned, by zone district, are as follows:
i
County MA-1 (Limited Manufacturing Production) to City M-3
(Light Industrial) :
2S1 12A, tax lots 900, 1000, 7.100, 1200; 1600, 1700, 1800,
1900, 2000, 2100, 2101, 2400, 2500, 2.700 and 2800.
2S1 12D, tax lots 100, 100-A1, 101, 200, 201, 300, 400, 500,
600, 700, 800, 900, 1000, 1100, 1200, 1300, 1700, 1800, 1801,
1802, 1900, 1901, 1902, 2100, 2200, 2300, 2400, 2500, 2600,
2700, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3401, 3500,
3600, 3800, 3900, 4000; 4100.
2S1 13A, tax lots 100, 101, 200, 300, 40o, 500, 600, 700,
1000, 1001, 1200, 1201, 1300, 2301, 2302, 4000.
County B-4 (General Extensive Commercial) to City C-3 (General
Commercial)
2S1 12D, tax lots 1400, 1401, 1402, 1403, 1404, 1600
County RU-15 (Urban Residential High Medium Density) to City
A-2 (Multi-family Residential):
2S1 13A, tax lots 1100, 1700, 2100.
Staff Findings .
1. Those lands annexed have been previously zoned by Washington
County as specified above.
2. The proposed Tigard zones are the city zones most nearly
comparable to the present county zones,
3. The present county zoning and the proposed city zoning
conform generally to the Tigard Community Plan, except
in the following respects:
page 2
PC Staff Report
.Agenda Item 5.1
a. The areas west of 72nd and south of Durham Road
zoned RU-15 (A-2) are designated "General Ind-
ustrial" on the Tigard Community Plan.
b. The areas adjacent Upper Boones Ferry, east of
SW 72nd, zoned MA-1 (M-3) are designated "General
Commercial" on the Comprehensive Plan. Some of
a r „r,.zo tl- zoned commercially ;n
conformance with the Comprehensive Plan.
Neither of these deviations from the Comprehensive
Plan violated present Comprehensive Plan conformance
principles as promulgated in Baker v. Milwaukie.
Staff Recommendation
To be given after public testimony
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