Ordinance No. 77-21 0
CITY OF TIGARD, OREGON
ORDINANCE NO. 77-_Q_
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
BLACK BULL ENTERPRISES FOR AN AMENDMENT OF THE 1970 ZONING MAP OF
THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND
DEPICTED ON WASHINGTON COUNTY TAX MAP 1S1 34AA AS TAX LOT 100, FROM
WASHINGTON COUNTY ZONING DISTRICT RS-1 TO CITY ZONING R-7 SINGLE
FAMILY RESIDENTIAL PURSUANT TO CHANTER 18.88, TIGARD MUNICIPAL CODE
AND ADOPTING THE ATTACHED EXHIBITS A. AND B, AND FIXING AN EFFEC-
TIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS :
Section 1: Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County
Suburban Residential, and further finding that pursuant 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 January 18, 1977, 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 February 28, 1977 ,
and that at said hearing the applicant and all other parties desiring k
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 Tigard
Community Plan, as adopted; and
B. That the applicant has shown a community need
for the proposed development on the site herein
described; and
C. That it has been shown there would be no adverse
impact from the proposed development on adjacent
sites, occupants, or activities, or on the immed
iate neighborhood that cannot be mitigated success
fully by attachment of. appropriate conditions; and
D. That the proposed location is most suitable for the
applicant 's proposed development; and that
E. Ttzc development will coincide with the provision of
public streets, water, sewer, and power with the
fulfillment of appropriate conditions.
Section 2: Therefore, pursuant to the requirements of the Tigard
Municipal Code, the applicant's request for an amendment
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Ordinance No. 77-,
of the Tigard Zoning Map of 1970 to zone those lands described in
attached Exhibit "H" :for "R-7 Single Family Residential" is hereby
approved, subject to the provision of Chapter 18.88 of the Tigard
Municipal Code as embodied in or exhibited by the documents submitted
and identified as follows:
Exhibit "A" - Staff Report
Exhibit "B" - Legal Description
and further subject to the following conditions:
1 . An agreement to participate in a local improvement
district for the improvement of S.W. North Dakota
Street be signed by the property owner , be recorded
and transferred to all deeds for all new lots as
they are sold.
2. The street providing access from S.W. North Dakota
Street to the site be brought up to city standards.
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 M alchi�c vote of all Council members present this
day of ^Ma,,L,_ , 1977, after being
read three. times by number and title only.
Recorder - City of Tand
lJ
APPROVED: This �2 day of 1�'�QrcG� 1977 by the Mayor
of the City of Tigard.
ayor - City of Tigard
V`
STAFF REPORT EXHIBIT "A"
AGENDA
TIGARD PLANNING COMMISSION
"March 15, 1877 - 7:30 P.M.
Twality Junior High School - Lecture Room
14650 S.W. 87th Avenue - Tigard, Oregon
DOCKET: ZC 18-76 (Black Bull Enterprises)
REQUEST: To amend Title 18 (zoning) of the Tigard Municipal Code
to apply City of Tigard "R-7, Single Family Residential"
zoning to a recently annexed 12 acre parcel.
LOCATION: S .W. North Dakota Street , west of the Southern Pacific '.
railroad tracks. (Wash. Co. Tax Map 1S1 34AA , Tax Lot
100) .
APPLICANT: Black Bull Enterprises/Dale Johnson
I . BASIC FACTS:
1 . The site is designated "Urban Low Density Residential" and
zoned Washington County "Suburban Residential" .
2. The parcel has been approved for annexation to the City of
Tigard by the Portland Metropolitan Area Local Government
Boundary Commission through final order on 1/12/77.
3. Policy #3 of the Urban Low Density Residential section of the
Tigard Comprehensive Plan states "Development will coincide
with the provision of public streets, water and sewerage
facilities. These facilities shall be (a) capable of adequately
serving all intervening properties as well as the proposed
development, and (b) designed to meet city or county standards ."
II. FINDINGS :
1. The applicant is requesting the application of city R-7 zoning
to a recently annexed 12 acre parcel .
2. The site is presently vacant farm land with very large rural
sized lots surrounding it except for the abandoned sewage
treatment plant to the west . The property is continguous at
the northwest corner with the greenway portion of the Engle-
wood Planned Development .
3. Fanno Creek meanders through the northern portion of the site.
The Tigard flood plain ordinance establishes the 100 year
flood plain elevation at about 163-165' which involves about
one fourth of the site. This portion of the site is included
r in the City's Greenway System as proposed in the Tigard Com-
prehensive Plan.
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4. Water and sewer facilities are available to facilitate the
approximately 36 single family residences which would be per- €
mitted.
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STAFF REPORT
AGENDA
TIGARD PLANNING COMMISSION
Page 2 j
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5. An existing private paved street exists for access from S.W.
North Dakota Street to the adjacent sewage treatment plant.
Evidence has been submitted as part of this application which
proposes dedication of the street to assure access to the site
in question. Without dedication and continuance of the street
the parcel does not have access as required by Section 18.64.020
of the Tigard Municipal Code.
6. SW North Dakota Street is in a severely substandard condition
with no shoulders and numerous ruts and potholes. It lacks
curbs, gutters, sidewalks paving width as required by the f
Tigard Municipal Code. The eastern terminus of SW North Dakota
street is across a unsignalized railroad crossing onto a somewhat
congested intersection with SW Greenburg Road. The intersection
is proposed for improvement in the Neighborhood Plan II .
7. The applicant has stated a public need for more single family
zoning in Tigard. This general area of SW North Dakota is an
appropriate place for additional urban density residential
zoning due to the availability of adequate water and sewer
facilities but street problems exist. Development of this
site is a much more favorable location than one which would cause the
extension of public services.
8. The proposal for R-7 zoning (7500 sq.ft . lots) complies with the
four dwelling units/acre maximum density as stated in the Tigard
Comprehensive Plan.
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III . CONCLUSIONARY FINDINGS:
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1. This site is appropriate for development at urban densities `
when a full array of public facilities are available.
f
2. In filling of parcels which have been leap-frogged for
parcels f.4rther out is to be encouraged and necessary for the
economical and efficient delivery- of public services and
facilities. r
3. The applicant has established a public need for more residentially
zoned property.
4. Until SW North Dakota Street is improved to City standards
with improvement of the railroad crossing and the SW
Greenburg Road-SW Tigard Street intersection development of
parcels along SW North Dakota Street is premature.
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"IV. STAFF RECOMMENDATION
Approval with the following conditions;
1 '
STAFF REPORT
AGENDA
TIGARD PLANNING COMMISSION
PAGE 3
1. An agreement to participate in a local improvement
district for the improvement of SW North Dakota Street
be signed by the property owner, be recorded and transferred
to all deeds for all new lots as they are sold.
2. The street providing access from SW North Dakota Street to
the site be brought up to City standards.
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