Ordinance No. 77-49 ORDIP ANCE NO. 77-t
ORDTNANCE•. ADOPTTUG FPTDINIGS WITH RE'SPEC'T' TO AT APPLICATION BY KEP.I.II^1
CARLILE AND ,'.ooD Y HUGHUS FOR AIN A v1 ,I`TDitiiET_,,TT TO THEE 1970 7ONIENG IKAP OF THE
CITY OF TIGARD, CHANGING TH2 20NE DISTRICT OF A TRACT OF LAND ON THE NORTH
SIDE S.'s!. DURHA14 ROAD, ,,,EST OF S,s,7. 981TI AVENUE AND DEPICTED ON `.'WASHINGTON
COUNTY 12AX P-IAP 2S1 11CD AS TAX LOTS 800 & 900 FROM tTASHINGTON COUNTY RU-4 TO
(R--7) SINGLE FAT�iILY RESIDENTIAL AND ADOPTING EXz-iIBITS "A" AND "B"I
GRANTING THE APPLICATIONI AND FIXING AN EFFECTIV . DATE.
THE CITY OF TIGARD ORDAINS AS FOLL9,,IS:
SECTION 1: Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County RU-4,
a:,-,d further finding that pursuant to prescribed procedures, the above-
stated application for a zoning map amendment !.,!as heard in a public
hearing held by the Tigard Planning Commission on May 24, 1977, and all
int�^xycsted 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 therefore hereto
attached and by reference made a part hereof, the Council adopts the
follo.,,inG substantive findings:
A. The proposed zoning conforms to the Tigard Community Plan, 197-1-
that:
1. The proposed density is less than the maximum allowed.
2. With attachment of a condition requiring the extension of
;•rater and sewer !.Lyles, adequate service will be available.
B. Th ere exists a public need to apply City of Tigard zoning to all
parcels of land in the city in order to ease the administration vi
land use regulations.
C. The proposed R-7 zoning district is compatible with the surrounding
zoning and conforms to the "Urban Low Density Residential" policies
of the Tigard Community Plan, 1971, in that it limits the maximum
overall density to four dwelling units per acre; and, with the
attachment of appropriate conditions, the adequate provision of safe
street access to serve the proposed development can be assured.
D. The R-7 zoning is the most appropriate designation, due to there
being no apparent development constraints and the need to efficiently
utilize buildable lands in the urban area.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of
the Ti and Munici al Code, the applicant's request for an
amendment of Ile Ti--ard Zoning 14a o 1970 to zone those lands described
in the attached Exhibit "A ', for Singe amily Residential (R-7) use
is 1:ereby approved, subject to the provisions of Chapter 18.20 (Single
ORDINANCE No. 77-
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Family Residential Zone) of the Tigard Municipal Code so embodied in or
exhibited by the document submitted and identified as follows:
Exhibit "A": Legal Description
Exhibit "B": Staff Report
and further subject to the following conditions:
1. Twenty-five feet be dedicated along S.W. Durham Road for street
purposes.
2. The sewer and water lines in S.W. Durham Road be extended from
their current terminus to the western boundary of the property
or local improvement district agreements to do the same be
provided upon final action of the City Council with regard to
this request.
3. The applicant improve the street onto S.W. 98th Avenue to a
24 foot width if the right-of-way becomes available before the
subdivision is completed and streets and improvements are accepted
by the City of Tigard.
4. A covenant be attached to the deed of any lots abutting Durham
Road restricting direct access to Durham Road.
SECTION 3: This ordinance shall be effective on and after the 31st day
after its passage by the Council and approval of the Mayor.
PASSED: By Ll11o(YJitngu s vote of f(all Council members present this
acc% day of SIL A,] 40 1977, after being
read three times by number and title only.
Recor - City of Tigar
der
1977
APPROVED: By the Mayor this day of �/ttt�� ,
Mayor - City of Tigard
ORDINANCE No. 77-49
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EXHIBIT "A"
Real property consisting of approx. 3. 19 acres . 2S111CD Tax Lot 800
The west one half of lot 21, Alderbrook Farm, Washington County, Ore-
gon and Tax Lot 900, Lot 22 of Alderbrook Farm (Property consists of
approx. 6.68 acres & fronts on Durham Rd. in the Tigard area)
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ORDINANCE No. 77-44
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• STAFF REPORT
AGENDA 5.4 €
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon f
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DOCKET: ZC 15-77
REQUEST: To amend the Tigard zoning ordinance to apply City of Ti-
gard "R-7, Single Family Residential" zoning to a 9.87 I
acre recently annexed parcel currently zoned .Washington
County "RU-4 , Urban Residential"
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LOCATION: North side of S.W . Durham Road, west of S .W. 98th Avenue �
(Wash. Co. Tax Map 2S1 11CD, Tax Lots 800 and 900)
APPLICANT: Kermit Carlile /Woody Hughes
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I . FINDINGS OF FACT:
1. The applicant is requesting the application of the City of f"
Tigard zoning ordinance to a recently annexed, May 4, 1977,
9.87 acre parcel designated "Urban Lose Density Residential"
on the Tigard Community Plan , 1971
2. The ordinance ratifying the annexation will direct the Plan-
ning Commission to conduct such proceedings as may be neces-
sary to conform the authorized zoning and land use of the
parcel to the requirements of the City 's zoning map and '
code.
3. The applicalbe policy from the Tigard Community Plan, 1971,
is as follows:
a. The maximum overall density of development will be four
dwelling units or 12 persons per gross acre. This
amounts to a standard of 7,500 square feet of land per
dwelling unit, allowing for streets and other open
space. Some areas will have a lower density owing to
topography , existing development patterns or the desire
of individuals to own a larger lot . 1
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4 . R-7 zoning would permit the following uses:
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a. Outright permitted:
(1) Single family dwellings, each on a separately des-
cribed lot, as recorded in the County records
(2) Farming, truck gardening, orchards, and nurseries,
provided no retail or wholesale business sales of s
flee is maintained on the premises and provided that
ORDINANCE No. 77-49
STAFF REPORT
AGENDA 5. 4
TIGARD PLANNING COh1MISSION
May 17, 1977 - 7: 30 P.M.
Page '2 ..
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no poultry or livestock, other than normal household
pets, are housed or any fenced run located within
one hundred feet of any residence other than the
dwelling on the same lot
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(3) Home occupations, only as strictly defined in Section
18. 08.250.
b. Conditional uses:
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(1) Duplex residential , with a minimum lot size of 10, 000 F
square feet : one duplex per lot
(2) Boat moorage
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(3) Cemetaries
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(q) Churches and accessory uses
(5) Colleges 4
(6) Community buildings (public)
(7) Governmental structure or land use, including public �
.a ng �
park, playground, recreation building, fi rp station, �
library, or museum
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(8) Greenhouse
(9) Conditional home use: Following the procedure set
forth in Chapter 18. 72, a conditional home use may
be authorized for certain home occupational uses
which do not strictly conform to the criteria set
forth for "home occupation" as defined in Section
18 .08. 250.
It is the intent of this provision to provide the
means for request for the City 's consideration of
"home 'occupation" type uses when special circum-
stances are present which the applicant feels de-
serve this consideration. It is the intent of this
title that any commercial or industrial operations
which would ordinarily be conducted in a commercial
or industrial district , continue to be conducted in
such district and not at home
ORDINANCE No. 77-49
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 3
(10) Hospital , sanitarium, rest home, home for the aged,
nursing home or convalescent home
(11) Railroad right-of-way
(12) School : nursery, primary, elementary, junior high
or senior high, college or university, private,
parochial or public
(13) Utility substation or pumping station with no equip-
ment storage and lines which are essential to the
functioning and servicing of residential neighbor-
hoods
(14) Any business, service, processing, storage or dis-
play essential or incidental to any permitted use
in this zone and not conducted entirely within an
enclosed building
(15) Children's day care
(16) Golf 'course, country club, and private club.
II . STAFF OBSERVATIONS:
The site is a relatively flat, vacant parcel , with a large, old
farm house and a small grove of trees in the northern portion of
the site. Access is provided from S.W. Durham Road. The site
is surrounded by the Summerfield Planned Development and golf —
course on the north and south with single family dwellings and
vacant lots to the east. The area across S .W. Durham Road is
undeveloped.
Neither water or sewerage service is currently available to the
property. A water line may be extended from S .W. 98th Avenue,
but sewerage service will not be available for at least two
years unless extended 1,500 feet from Summerfield IV. The ap-
plicant has made no mention of such a commitment.
The site currently has access onto S.W. Durham Road for a single
family residence. The application of the proposed zoning would
allow approximately 40 dwelling units. The creation of a new
street onto S .W. Durham ,within 200 feet of an existing street
(S.W. 98th Avenue) conflicts with the purpose of arterial
streets, which is "to carry high volume traffic flow and to
ORDINANCE No. 77-49
M1
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 4
connect major traffic---generating areas such as residential
neighborhood, commercial centers, industrial areas, and nearby
communities" . The adjacent parcels were also recently annexed,
and a common development plan could provide access onto S .W.
98th Avenue .
S .W. Durham Road is currently a 40 foot right-of-way, as 90 feet
is required. Thereford, a 25 foot dedication is necessary.
III . CONCLUSIONARY FINDINGS:
1. The proposed zoning conforms to the Tigard Community Plan ,
1971 in that:
a. The proposed density is less than the maximum allowed
b . With attachment of a condition requiring the extension
of water and sewer lines, adequate service will be
available.
2. There exists a public need to apply City of Tigard zoning to
all parcels of land in the city in order to ease the admin-
istration of land use regulations.
3. The proposed R-7 zoning district is compatible with the sur-
rounding zoning and conforms to the "Urban Low Density Resi-
dential" policies of the Tigard Community Plan, 1971, in
that it limits the maximum overall density to four d.rel.ling
units per ache ; and, with the attachment of appropriate con-
ditions, the adequate provision of safe street access to
serve the proposed development can be assured.
4. The R-7 zoning is the most appropriate designation, due to
there being no apparent development constraints and the need
to efficiently utilize buildable lands in the urban area.
IV. STAFF RECOMMENDATION:
Based on the staff observations and conclusionary findings, the
staff recommends approval of the request subject to the follow
tng conditions :
A nne 'foot access control strip be dedicated t,) the City
prohibiting direct access onto S.W . Durham Road but reserv-
ing temporary access until permanent access is provided
through the adjacent property to the east.
ORDINANCE No. 77-49
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 5
2. 25 feet be dedicated along S .W. Durham Road for street pur-
poses.
3. The sewer and water lines in S.W. Durham Road be extended
from their current terminus to the western boundary of the
property prior to submission of a preliminary subdivision
plat for this property or local improvement district agree-
ments to do the same be provided upon final action of the
City Council with regard to this request.
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ORDINANCE No. 77_49
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