Ordinance No. 81-85 1 �
CITY OF TIGARD, OREGON
ORDINANCE NO. 81- a5
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR. A ZONE
CHANGE TO THE 1978 NPO # 4 PLAN MAP OF THE CITY OF TIGARD DECLARING AN
EMERGENCY AND FIXING AN EFFECTIVE DATE. (Frank & Eurma Hartwick)
PLANNING DEPARTMENT REFERENCE INFORMATION
Tax Map: 1S1 36DB - Tax Lot: 2400, - Project Address: 11640 S.W. Pacific Hwy.
File Number: ZC 23-81, - Present zoning designation: C-3
Zone changed to: C-5 , - Applicant: Frank & Eurma Hartwick
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described are now classified
as C-3, and further findings that pursuant to procedures, the
above stated application for a zoning map amendment was presented at a
public hearing held by the Tigard Planning Commission on September 8, 1981.
All interested persons were afforded an opportunity to be heard at this
public hearing. Therefore, the Council adopts the following substantive
findings:
A. That this application is in conformance with the C-5
designation on the adopted NPO # 4 Plan Map.
B. That the proposed C-5 zoninc conforms to Policy # 22
from the NPO # 4 Plan.
SECTION 2: Therefore, pursuant to the requirements of Chapter 18.88 of
the Tigard Municipal Code, this request for a Zone Change to
the NPO # 4 Plan Map of the City of Tigard is hereby approved subject to
provisions of Chapter 18.36 of the Tigard Municipal Code as embodied in
adopted Exhibits "A", "B" , and "C" attached and made a part of this j
Ordinance. The zoning designation of the subject property is hereby
changed to C-5. t
Exhibit "A" Legal Description
Exhibit "B" Tax Map
Exhibit "C" Staff Report
SECTION 3: Inasmuch as it is necessary to the peace, health and safety
of the public that the foregoing zone change in the City's
records become effective, an emergency is hereby declared to exist, and
this Ordinance shall be effective upon its passage by the Council and f;
approval by the Mayor. ',
PASSED: By UhGch� vote of all Council member present this
day of , 1981, after being read two times ;'
by number nd title only.
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4C CITY OF TIGARD
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APPROVED: By the Maycr this I .of , 1981
q
ORDINANCE NO. 81- A5_ MAYOR. - CITY OF TIGARD
ZC 23-81
SCHEDULE A
Amounts 67,000.00 Date November 73, 1966 At8:0DA.M.
INSURED
-----FRANK D. HARTWICK and EURMA R. HARTWICK-----
The fee simple title to said land is,at the date hereof,vested in -----ROY D. ANDERSON and
ELIZABETH ANDERSON, as tenants by the entirety-- ,,
V ,
The land referred to in this policy is described as
Beginning at the Northeast corner of the George Richardson D.L.C.
situated in Section 36, Township 1 South, Range 1 West of the Willamette
Meridian, Washington County, Oregon, and running thence South 0° 131
West 794.46 feet to a point in the center-line of Red Rock Road;
thence North 89° 47' West 20.00 feet to a railroad spike marking the
intersection of the Westerly right-of-way line of said Red Rock Road
with the Southerly right-of-way line of the present alternate State
Highway No. 99W right-of-way lane; thence following said State
hway right-of-,say line on a curve to the right havingg a radius of
M2.40 feet (the Ion$ chord of which bears South 590 261 West 244,32
feet) a distance of 244.59 feet to an - inch iron rod set as a State
Highway right-of-way line monument; thence continuing along said
right-of-way line South 64® 131 West 338.05 feet to a e inch iron
rod marking the intersection with the present right-of-way line of
primary State Highway No. 99W; thence following said right-of-way line
South 540 01' West 250.93 feet to an iron pipe, said iron pipe marking
the true point of beginning of this description; thence continuing
South 540 01, West 83.68 feet to a j inch iron rod set- as a State
Highway right-of-way monument; thence South 530 341 West 23.90 feet
to an iron pipe; thence South 00 30' West 537.33 feet to an iron wipe;
thence South 880 101 East 86-50 feet to an iron pipe; thence North 00
30" East 602.12 feet to the true point of beginning of this description.
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PAGE
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PAGE 2 OF POLICY NO. 34-A-46342
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' STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
September 8, 1981 7:30 p.m.
FOWLER JUNIOR HIGH - LETURE ROOM
10865 S.W. WALNUT STREET, TIGARD
No submission of additional material by applicant shall be made at this Public
Hearing unless the applicant is requested to do so. Should this occur, un-
requested, the item will be tabled until the following hearing.
DOCKET: Zone Change, ZC 23-81 (Frank & Eurma Ha-rtwick) NPO# 4
APPLICANT: Frank Hartwick OWNER: SAME
2710 S.W. Vista Drive
Portland, Oregon 97225
REQUEST: For a Zone Change from C-3 General Commercial to C-5 Highway Commercial.
SITE LOCATION: 11640 S.W. Pacific Highway (Washington County Tax Map 1Sl 36DB
Lot 2400)
FINDINGS OF FACT:
1. The applicant's property is designated as C-5 Highway Commercial on the
NPO # 4 Plan Map and the Comprehensive Pian Map.
2. Applicable policies from the NPO # 4 Plan Text are as follows:
Policy 22 - Highway oriented commercial businesses should have
priority use of Pacific Highway frontage because they
are dependent upon the volume of through traffic
for their business.
3. Sewer Service and water service are available to the site.
CONCLUSIONS:
l
1. The proposed zoning is compatible with other uses in the area and conforms
to the Comprehensive Plan and the NPO # 4 Plpn.
2. In accordance with the Tigard Municipal Code reference section 18.59.030, ;t
the applicant shall apply for Site Design Review before building on the site. C
STAFF RECOMMENDATION: 6
Staff recomends approval of Zone Change 23-81 based on findings as follows:
1. The applicant's request is in conformance with the NPO # 4 Plan Map and
the Comprehensive Plan Map.
STAFF REPORT ZC 23-81
Page 2
STAFF RECOMENDATION: (continued)
2. The proposed C-5 Highway Commercial Zoning conforms to Policy # 22
from the NPO # 4 Plan which reads as follows:
"Highway oriented commercial businesses should have
priority use of Pacific Highway frontage because they
are dependent upon the volume of through traffic for
their business."
WAJA
2622
Prep bybe Newton Approved by Aldie Howard
Assistant Planner Planning Director
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