Ordinance No. 77-52 �s F
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CITY OF TIGARD, OREGON
ORDINANCE NO. 77 h�
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
LARRY JACKSON FOR AN AMENDMENT TO THE 1970 ZONING NAP OF THE CITY
OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND BETWEEN
S.W. FONNER AND S.W. ERROL STREETS AND DEPICTED ON WASHINGTON COUNTY
TAX MAP 2S1 3AD AS TAX LOT 504, FROM WASHINGTON COUNTY RU 4 TO (R-10)
SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "All AND "B", GRANTING
THE APPLICATION AND FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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SECTION 1: Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County
RU-4 pursuant to the provisions of the City of Tigard's Zoning
Ordinance and Tigard Ordinance No. 75-52, and further finding that
pursuant to prescribed procedures, the abovestated application for a
zoning map amendment was heard in. a public heating held by the Tigard
Planning Commission on May 3, 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 therefore hereto attached and by reference made
a part hereof, the Council adopts the following sutstantive findings:
A. There exists a public need to apply City of Tigard zoning to all
parcels of land in the city in order to ease the administration
of land use regulations and assure consistency throughout the
City.
B. The proposed R-10 zoning district �s compato b, 1e a�4:� vasc � ..,.....,.•,.a
zoning and conforms to the "Suburban Density Residential" policies r
of the Neighborhood Plan III, 1975, in that it limits the maximum
overall density to three dwelling units/acre and with the at-
tachment of appropriate conditions, the adequate provision of public
services to serve the proposed development can be assured.
C. The R-10 zoning is the most appropriate designation due to there
being no apparent development constraints and the need to g
efficiently utilize buildable lands in the urban area. a
SECTION 2: THEREFORE, pursuant to the requirements of'Chapter 18.88
of the Tigard Municipal Code, the applicant°s reques` o�r an
amendment of the Tigard Zoninga o 70 to zone those lands described M
1 in the attached E A , for S ng 16-Family Residential- (R-10) use
is hereby approved, subject to the pro:�idions of Chapter 18.20
(Single 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
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ORDINANCE No. 7
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and further subject to the following conditions,
1. A half street improvement and a ten foot dedication for S.W.
Fonner Street along this property.
2. The sewer easement documents be reviewed and approved by
staff prior to any subdivision activity on this ` site.
SECTION 3: This ordinance shall be effective on and after the
31st day after its passage by the Council and
approval bf the mayor.
PASSED: By 5 vote of all Council Members present thin
��- ay e , 1977, after being read
three times by number`a��`n3 le only.
ecor er
APPROVED: By the Mayor this 7 day of C- , 1977.
Mayor City of Tigard
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ORDINANCE No. 7 �:
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EXHIBIT "A"
Legal Description 16221
For
Larry Jackson January 11, 1977
Parcel
Situate in the northeast quarter of Section 3, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, and being a portion
of Lots 10 and 11, plat of Echo Heights, and being described as follows:
Beginning at the southeast corner of said Lot 11 and running thence S87059'00"W
on the said south line and centerline of S.W. Fonner Street a distance of
287.11 feet to the southwest corner of said Lot 10; thence N24043'00"W on the
r west line of said Lot 10 a distance of 378.76 feet; thence leaving said west
line and running N0057'00"E a distance of 140.46 feet; thence N89 13'00"E
a distance of 451.49 feet; thence S0057'00"W a distance of 480.40 feet to
the point of beginning containing 4.37 acres more or less.
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ORDINANCE No. 77-52'
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STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
May 3, 1977 - 7:30 P.M. - Lecture Room
Fowler Junior High School
St
- Tigard, Oregon
10865 S.W. Walnut S
DOCKET: ZC 13-77
REQUEST: To amend the Tigard zoning ordinance to apply City of Tigard
"R-10, Single Family Residential" zoning to a 4 .23 acre re-
cently annexed parcel currently zoned Washington County "RU-
4, Urban Residential"
LOCATION: Between S.W. FonnerStrreeLot 504nd S.W. Errol. Street (Wash. Co.
Tax Map 2SI 3AD, Tax )
APPLICANT: Larry Jackson/Waker & Associates, Inc.
a�-
I . FINDINGS OF FACT:
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1. The applicant is requesting the appli.cati.on of Section 18.20
(Single Family Residential) of the City of Tigard zoning ordi-
nance to a recently annexed (April 6, 1977) 4.23 acre parcel
designated "Suburban Density Residential" on the NP I11 , 1975.
h 2. The ordinance ratifying the annexation will probably direct
the Planning Commission to conduct such proceedings as may be
< necessary to conform the authorized zoning and land use of
and
the parcel to the requirements of the City' s zoning map
yrs
code
3. The applicable policies from NP III are as follows:
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µ= Policy 4. Protect the existing suburban character of this
ighborhood from encroachment by
portion of the ne
lopments. The maximum overall
higher density deve
density of development will be three dwelling units
or nine persons per gross acre_ A higher density
of four units or 12 persons per gross acre is a
t3 possibility within an approved planned unit devel-
opment.
Policy 6. Development will coincide with the provision of
public streets, water and sewage facilities.. These
facilities shall be (a) capable of adequately serv-
ing development and (b) designed to meet City or
County standards.
4. R-10 zoning would permit the following uses:
�x
ORDINANCE No. 77-52
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
May 3, 1977 - 7: 30 P.M.
Page 2
a. Outright permitted:
(1) Single family dwelling, 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-
fice is maintained on the premises and provided that
no poultry or livestock, other than normal house-
hold pets, are housed or any fenced run located
within one hundred feet of any residence other than
the dwelling on the same lot
(3) Home occupations, only as strictly defined in See-
tion 18.08.250.
b. Conditional uses:
(1) Duplex residential, with-a minimum lot size of
10,000 square feet: one duplex per lot
(2) Boat moorage
' (3) Cemetaries
MEL
(4) Churches and accessory uses
(5) Colleges
(6) Community buildings (public)
(7) Governmental structure or land use, including public
park, playground, recreation building, fire station,
library, or museum
(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 foxthe City's consideration of
"home occupation" type uses when special circum-
stances are present which the applicant feels deserve
ORDINANCE No. 77-52
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
May 3, 1977 - 7:30 P.M.
Page 3
this consideration. It is the intent of this title
that any commercial or industrial operations which
would ordinarily be conducted in a commercial or in-
dustrial district; continue to be conducted in such
district and not at home
(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, paro-
chial or public
(13) Utility substation or pumping station with no equip-
ment storage and lines which ore 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 en-
closed building
(15) Golf course, country club, private club
(16) Children's day care
TT . STAFF OBSERVATIONS:
The parcel is presently vacant with extensive tree cover and
heavy underbrush. The site is surrounded by single family dwel-
lings on large lots with the exception of smaller lot to the
south.
Sewerage service is available to the property for the proposed
density via an easement to be provided across an intervening
property.
Water service is available to the property to facilitate the pro
posed density. from six inch lines in S.W. Fonner Street.
S.W. Fonner Street is in a substandard condition and the introduc-
tion of zoning, which qualifies the property for 13 housing units
ORDINANCE No. 77-52
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STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
May 3, 1977 - 7:30 P.M.
Page 4
necessitates that a half street improvement be provided as well
as the ten foot necessary right-of=way.
III . CONCLUSIONARY FINDINGS :
1. There exists a public need to apply City of Tigard zoning to
all parcels of land in the city in order to ease the adminis-
tration of land use regulations and assure consistency through--
out- the City.
2. The proposed R-10 zoning district is compatible with the sur-
rounding zoning and conforms to the "Suburban Density Residen-
tial" policies of the NP III , 1975, in that it limits the
maximum overall density to three dwelling units/acre and with
the attachment of appropriate conditions, the adequate pro-
vision of public services to serve the proposed development
can be assured.
3. The R-10 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 findings of fact and conclusionary findings, the
staff recommends approval of the request subject to the following
conditions:
+`. 1. A half street improvment and a ten foot dedication for S.W.
Fonner Street along this property
2. The sewer easement documents be reviewed and approved by
staff prior to any subdivision activity on this site-
ORDINANCE No. 77-52