Ordinance No. 76-15 CITY OF TIGARD, OREGON
ORDINANCE No. 76-
i
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY GORDON
CARPENTER IN BEHALF OF MARGARET HANNA, FOR AN AMENDMENT OF THE 1970
ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT
OF LAND FROM SINGLE FAMILY RESIDENTIAL (R-7) TO MULTI-FAMILY RESIDENTIAL
(A-2); THAT TRACT BEING TAX LOT 900 ON WASHINGTON COUNTY TAX MAP 1S1 35CD;
GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS:
f
Section 1: Finding , that the lands hereinafter described have been
heretofore and are now classified as Single Family Residential
(R-7), pursuant to the provisions of the City of Tigard's Zoning
Ordinance and Tigard Ordinance No. 70-32, and further finding that pursuant E
to prescribed procedures, the above-stated application for a zoning map
amendment was heard in a public hearing held by the Tigard Planning
Commission on March 2, 1976, and all interested persons were there,.and then
afforded an opportunity to be heard, and thereafter the Planning Commission
filed its report and recommended approval with the City Recorder, a copy
thereof hereto attached and by reference made a part hereof, and, further,
finding that, after due and legal notice, a public hearing was held before
the City Council on March 29, 1976, and that at said hearing the applicant
and all other parties desiring to be heard were afforded an opportunity to
be heard and present and rebut evidence with respect to said application,
and further, finding that, based on evidence, both oral and documentary, and
on the record of said hearing before the City Council, the Council has
made the following substantive findings:
a. That the application conforms with the text and map
of the Neighborhood Plan #2 for the Greenburg-Brookside
area ,(February.; 1975) as adopted; and
b. That the applicant has shown a community need for his
proposed development on the site herein described; and
c. That he has shown there to be no adverse impact from
his proposed development on adjacent sites, occupants, or f
activities, or on the immediate neighborhood that cannot
be mitigated successfully by attachment of appropriate
conditions: and
d. That the proposed location is most suitable for the
{ applicant's proposed development; ;and
F. e., That public sewer and water are available adjacent the
proposed site, and that the other necessary public services
ordinarily available to multi-family residential zoned and
used sites are there available.
}
f
V
i
Section 2: THEREFORE, pursuant to the requirements of Chapter 18.88
of the Tigard Municipal Code, the applicant's request for
an amendment of the Tigard Zoning Map of 1970 to zone those lands
described as:
Being a part of the John L. Hicklin Donation Land Claim
No. 54, Township 1 South, Range 1 West, Willamette Meridian, i
Washington County, Oregon, and more particularly described as
follows, to-wit: Beginning at an iron pipe on the East line
of that certain tract devised by Mary M. Greenburg to Henriette
W. Rue, et al, by deed recorded at Page 4, in Book 131 of the
Records of Deeds, for Washington County, Oregon; said beginning t
point being South 0° 03' East 739.4 feet from the Northeast corner
of said Greenburg Tract; being also the Southeast corner of the
Hadley Tract as described in Book 341, Page 309, said Deed Records;
running thence along the East line of the said Greenburg Tract, South
0° 03' East 215.6 feet to an iron pipe; thence North 8Q° 58' West
536.7 feet to an iron pipe on the Easterly boundary of the Southern
Pacific Railway right-of-way; thence along the said right-of-way boundary
North 19° 00' West 228.0 feet to an iron pipe at the Southwest corner
of said Hadley Tract; thence South 89° 58' East 610.9 feet to the
place of beginning.
for MULTI-FAMILY RESIDENTIAL (A-2) use is hereby approved, subject to the
provisions of Chapter 18.29 (Multi-Family Residential zone) of the Tigard n
Municipal Code and further subject to the following conditions:
1. That a 10 foot right-of-way be dedicated to the
rite, of Ting_ard for filture Street widpninv._
2. That the applicant waive his right, for the next 10 years,
to remonstrate against the formation of a local
improvement district to provide public improvements in the
right-of-way of S.W. 98th Street.
i.` 3. The 'applicant shall-submit a detailed plotting of
the stand of trees for use by the Design Review
Board when reviewing the site development plan.
4. That a safety fence be constructed on the property line
adjoining the railroad right-of-way.
Section 3: This ordinance shall be effective on and after the 31st day after
its passage by the Council and approval by the Mayor.
PASSED: By .-tLZZ vr,vr. s vote of all Council members present
this day of Z , 1976, after being read
three times by number and title onl
All
Recorder - City` f Tig
APPROVED: By the Mayor this /ate day of l�r. / , 1976.
.`- Mayor City of Tigard
�° Page 2 - ORDINANCE No. 76- .5'