Ordinance No. 76-26 N
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CITY OF TIGARD, OREGON
ORDINANCE No. 76-_2�---
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AN ORDINANCE RECLASSIFYING LAND WITHIN THE CITY OF TIGARD LOCATED AT 7310 SW SPRUCE
STREET, 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 REGULATIONS OF THE CITY OF TIGARD AND TERMINATING THE APPLICABILITY
THERETO OF WASHINGTON COUNTY ZONING ORDINANCES OR REGULATIONS; AND DECLARING AN
EMERGENCY.
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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Section 1: The City Council finds that certain area heretofore designated as 7310
S.W. Spruce Street, 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 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 May 4, 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 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 May
242 1976, whereat all interested persons 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 redesignate 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 F '-
with the Council, are hereby adopted as the findings of the Council.
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Section 4: In accordance with the foregoing and in conformity with the Zoning P ,
Ordinances and Regulations of the City of Tigard, the tract and owner-
ship of land described in the attached "Exhibit A" and the zoning use classification
thereof be and the same is hereby changed and reclassified from the Washington County
use classification hereinafter set forth as applicable to the tract and ownership to
the equal or comparable City of Tigard zoning and use classification hereinafter appearing
and said tract is 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 o
RU-4, Urban Residential District R-7, Single Family Residential Dtatrict
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Section 5: Inasmuch as it is necessary in order to preserve the integrity of the land
use regulations and to provide for 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: By1i '�sfh._- ='� vote of all Council members pre: .nt, after being
read three times by number and title only, this day of 1976.
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Recorder - City o Tig r
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APPROVED: By the Mayor this /4-111" day of , 1976.
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Mayor - City of Tigard
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PAGE 2 0RD1NhNCE No. 76- _
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EXHIBIT "A"
The West 115.45 feet of Block "B" of Metzer Acre Tract,
a subdivision of record in Washington County, Oregon.
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STAFF RL','.'OR'-C
Tivard Planning Com)'id ssion
may 4, 19'16 Agenda Item 5.1
Docket ZC 4-76 (EXHIBIT "B")
Request: a zone change from county zoning i'la-4" (re 3idon-'Gial
urban - 4 units/acre) 'co City zo;zir.tg "R-7" (si_n_E,rle
family residential) for a recelitly- annexed parcel.
Location: 731.0 SW Spruce St. , behind Fred 1.7oyer Slopping Center
(gash. Co. tax reap 1Sl 36AC, tax lot 3700) .
Applicant: Roberta O'Donoghue/City of Ti.f;ard
BASfC FACTS: .
1. On February 11, 1976, the Portland Metropolitan Area Boundary
Commission <:zpproved, by final order, annexation of a parcel at
7310 SW Spruce St. (Y:ash. Co. tax map 1S1 36AC, -tax lot 5/00) .
2. Section 18.12.020 of the i'NC authorizes -the City Council 'co
direct the Planning Commission to conduct such proceedings as
i-nay be necessary to conform the existing county land use to City
zoning desi_gnati_ons.
3. On April 12, 1976, the City Council adopted Ordinance `76--J-7,
i'ati-fying, confirming cmd recordi_n the a—ncxation which also
authorized and directed tine Planrn.ing CornmIss.i-o.n -to conduct
such procoedings as may be necessary -to conform the zoning
and land use plan designations to the requ.i-cements of the `IMC.
4. The parcel in question is presently zoned "RU--4" (urban
dential) and designated as "urban" on the Vrash _ngton County
Framework Plan of 1973. "RU-4" zone classification requires
'7,000 sq. ft. mi.ni.mum lot sizes exclusively :for single farni_1-y
dwellings.
FINDI DIGS
1. Tn order to be in confoi-Mance with the ` i Eard Community Plan,
a residential district with a deins.ity of less -than 4.0 units/
acre roust be adopted.
2. Of the three residential zoning districts, "R-7" i_s identi cal
in mi_nirium lot size requirements and closest to " 4
R.0-- " in other
dimensional requirements, i.e. building height, setbacks, lot
coverage.
3. The annexed parcel would ire bordered by "R-7" on the east and I
"C.-3" on the south.
E� ane intended use is as a day nursery, Svil,i_ch is a conditional
use in an "R.711 zone.
Tfitll�? oil: i
AP1ROVAI, of fl- ne zone change from county 1'RU--4'1 to City "R-7". t
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