Ordinance No. 77-53 `r
CITY OF TIGARD, OREGON
ORDINANCE NO. 77-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
DONALD E. POLLOCK FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND SOUTH OF
S.W. DURHAM ROAD AND WEST OF S.W . 92nd AVENUE AND DEPICTED ON WASHING-
TON COUNTY TAX MAP 2S1 14A AS TAX LOT 700, FROM WASHINGTON COUNTY RU-4
TO (R-7) SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A" AND "B" ,
GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE.
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
b;
SECTION 1 : Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County
A:
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 hearing 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 there-
after the Planning Commission filed its report and recommended
approval with the City Recorder, a copy therefor hereto attached and
by reference made a parhereof, the Council adopts the f
t ollowing
substantive findings: 4'
A. There exists a public need to apply City of Tigard zoning :'
to all parcels of land in the city in order to ease ti3e
administration of land use regulations, and provide con-
sistency throughout the City. 3,
B. 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 (4) dwelling units per acre and with the attachment
of appropriate conditions, the adequate provision of public k
services to serve the proposed development can be assured.
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 in the attached Exhibit "A" , for Single Family
Residential (R-7) use is hereby approved, subject to the provisions
' of Chapter 18.20 (Single Family Residential Zone) of the i'igard '
r " 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. t �_5
and further subject to the following conditions:
1. A half street improvement be provided for S.W. 92nd Avenue along
this property.
2. The sewer and water easements be reviewed and approved by the
staff with any subdivision activity on this property.
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 t{,n 2hrn�v v s vote of all Council members present this
7 day of ,/«rre , 1977, after being read
three times by number and title only.
Recorder - City of Yard
APPROVED: By the Mayor this day of r.Lrr , 1977.
Mayor - City of Tigard
ORDINANCE No. 77-53
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EXIiIBIT "A"
PARCEL I
Beginning at a point 280.5 feet South of the quarter section corner
on the North boundary of Section 14, Township 2 South, Range 1 West,
Willamette Meridian, in Washington County, Oregon, said point being
on the West boundary of tract now owned by Michael Heisler and
Katherin Heisler, husband and wife, and recorded on page 145 of Volume
132, Records of Deeds for Washington County; running thence East 432.3
feet; thence South and parallel to the West boundary of said tract
500.3 feet; thence West 432. 3 feet to the West boundary line of said
tract; thence North along West boundary of said tract 500. 3 feet to the
place of. beginning; EXCEPTING THEREFROM the East ten feet of said real
property which is to be used for roadway purposes
PARCEL II
The following described real property in Section 14, Township 2 South,
Range 1 West, Willamette Meridian, in the County of Washington and
State of Oregon, to-wit:
Beginning at an iron pipe which bears South 780. 8 feet from the quarter
corner on the North line of Section 14, Township 2 South, Range 1 West,
Willamette Meridian, said iron pipe being the Southwest corner of that
certain 5.0 acre tract of land conveyed to D. and E. Davis by deed as
recorded on page 140 of Volume 156 of Washington County, Oregon Deed
Records; thence South 689. 7 feet to an iron pipe at the Southwest corner
of that certain 26: 5 acre tract of land conveyed to Michael and Katherin
Heisler by deed as recorded on page 145 of Volume 132 of Washington
County, Oregon Deed Records; thence North 880 11 ' East along the Southerly
line of said Heisler property 602. 0 feet to a stone at the Southwest
corner of that, certain tract conveyed to C. L. Shaver by deed recorded
in Book 53, page 195; thence North 412. 5 feet, more or less, to an iron
pipe at the Northwest corner of the Shaver Tract; thence East- 264. 0 feet
to an iron,on the West line of a 2.0. 0 fc:ct wide private roadway; thence
North on said West line 677.0 feet to an iron; thence West 433. 0 feet
to an iron on the East line of said Davis Tract described in Book 156,
Page 140; thence South 396 .3 feet to an iron at. the Southeast corner of
that certain 5.0 acre tract of land conveyed to D. and E. Davis by deed
as recorded on page 140 of Volume 156, of Washington County, Oregon
Deed Records; thence West along the South line of said 5. 0 acre tract
432.3 feet to the place of beginning.
EXCEPTING FROM SAID PARCEL II that tract of land described in deed to
Howard S: Gass, et ux, recorded July 2, 1964, in Book 516, Page 444;
and also EXCEPTING FROM PARCEL II an easement described in deed Book 244,
Page 39, Washington County Oregon deed records.
fi{ ORDINANCE No. 77-53 ~
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Tay 3, 1977 - 7:30 P.T1. - Lecture Room
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DOGKE-: -,mance to l
Ar_d the Tigard zoning or--- „ zoning to a ton �
RFQLT�ST: To � n Single Family Pesidential Zoned Z'?ashint)
Tigard R-7, r anne:.ed parcel currently
acre recently
lip's-I, . Suburban Residential
county 2S1 14A,
:',est side of S.':?. 92nd Avenue (Wash. Co. Tax T4aP
LOCATIO14: Tax Lot 'lOG)
Donald F. Pollock �,v�,s{ments/Richard Brainard
APPLICA?�T: D
of the City of Ti-
I. FITdDITJGS OF FACT: �;cat_on lg, 1977)
i cant i s reKuestinj the apP- IT"
(January
1• The app- ordinanc o a re cent y Lc1"r Densi ty Res'-denti al
Bard zoning
18.65 acre parcel oe..-d 0171
and Co�iv-p- Gy Flan, 1, •
on the Tig 1977) directs the
20 (February 2d, be nec-
City Ward flrdir_ance 77- roceedir_os as may
°' Tib and land use of the
2. Planning Cornussion to conduct2s tonin;, and code.
to conform the au tho of Cid,t s Zoning ;yap
ess ry 1971: is
parcel to the con-L., ward Community
Plan,
'cable policy from the Tigard
The app�.i
• as fol lo�:.rs; 'be f otur
sal p,aTrlP_i1t "rill
der s itY o- der - acre. This a,riotLn 1. �o
a.
,The mai;'-mv overall
persons per gross
ling units o- o feet of land per drelling unitill
dwe- ware ace. Some areas
a standard of 7500 sq develop-
allo�ring for streets and otherYoPon a hy, existing
ting J larger
�e.�rer density o`::ing to top � P , to o:'n
!,a
ve aatterns, or the desire of indiviciva:s
fu men p
lot." street on the Ti Bard
>: S-"**
92nd Avenue
is de
gnated..a local
com qun1�y
P1
an, 1971• .
5
R-7 zoning would
permit
. the fcllo•:rino uses
2. Outright permitted: arately des-
Family d;:ellings, ,each on a ty records;
Single the County
7 (1)
crib
lot, as recorded in
g orchards,
and nurser-
(2) Farb-ing, t'-"uck gardenia,, j e business sales
remises and pro-
Provided no retained On theIrother man
office is maintain or livestoc ,
vided that no ld pets,
are housed or any fenced ,
normal household p
ORDINANCE No. 77-53
STAFF REPORT Q G Fy�� 5•L`
TIGpRD FLAIrTItJG C01.1-U IISSION
5/3/77 - page 2
i
run located within one. hundred feet of any residence k
other than the duelling on the same lot;
(3)
Home occupations, only as strictly defined in
p, Section 18.08.250.
b. Conditional uses: t
(1) Duple=x residential, rrith a minimuri lot size of
10,1000 sq. ft. : one duplex per lot
(2) Boat moorage
(3) Cemetaries
(4) Churches and accessory uses
(5) Colleges
(6) Com-n1.1ni ty buildings (public)
(7) Governmental structure or lard ease, -ncluding
public park, playground, recreation building,,
fire station, library or ruseum
(8) Greenhouse
Conditional home use: Following, the procedure set
(9)
forth in Chapter 18.72, a conditional home use may
hich
be authorized for certain tithe occupational
for+'hj'for
do not strictly conLorm to
„home occupation_" as defined in o- toSectionrovide the
It is the intent of this PrOvi-sio�. �� V
sideaion of
means for request f0 the Cityls cOocial�ctrcviestances
11home occupation" type uses .when sp.,
are present �::*hich the applicant feels deserve this
consideration_. It is the intent of this title that
any commercial or indu trial Operationsuerial ghichor ust d
ordinarily be conducted
rial district, continue to be conducted in such
district acid not at home
(10) Hospital, .sanitarium, rest home, Berne for the
home or convalescent home
aged, nursing
(ll) Railroad right-oz-tray
(12j School: nursery, prim-ary, elementary, junior
high or senior high, college or university,
private, parochial or public
r
ORDINANCE No. 77-53
ST.PFr REPORT - AC.!.]-MA 5.4
TIGAR.7 C0:•�L"•iISS1ON
515/77 - page .3
(1 j) Utility s:zbstatior_ or pximpi ng station with no
equipment storage and lines :ahich are essential
to the functioning and servicing of residential
neighborhoods
(14) 4r►y business, service, processing, storage or
display essential or incidental to any permitted
use in this zone and not conducted entirely with-
in an enclosed building
(15) Golf course, contry club, private club
(16) Children's day care
I I. ST AFF OBSERVATION:
The parcel is presently occupied by a large farm house eaid out
buildings i--:hich are used as a horse riding academy and boarding
facilitY. The majority of the site is pasture, generally flat,
�-.,ith soime cli.anoe of grade it the southern portion but not of
the L(�agnitude to cause constraints for development. A soall
pont e.:ists in the southern_ portion. The site is surrounded
by single familir •d,-•rellings on rural sized lots on the east and
northeast and vacs %:wooded lots an the northwest and south.
Se,:rer is uvai!able to handle the proposed density on this site
via a ti-mk lire in S.:% Durham Read. Access to this line will
be wovided acro-sw an easeme„t to be furnished by an inter-
ven�ng property.
Water seririce is available to facilitate the proposed density
on this site iri a main lines in both S.'. Durham Road and S.W.
92nd Avenue.
S.W. 92nd Avenue is in substandard condition and -the intro-
duction of zoning which qualified the property for 72 housing
units necesitates that a half street improvement be provided.
III. coi'CLUSIOMA_RY FINDINGS:
1. There exists a. public need to apply Cit, of Tigard zonin-
to all parcels•of land in the city in order to ease the
administration of land use regulations, and provide con-
sistency thoughout the City.
2. The proposed R-7 zoning district is compatible with the
sli-rot'nding zoning and conforres to the "urban Low Density
Residential: Policies of the Tigard Com,*r►i.Ln.ity Plan, 1971
in that it limits the Anaximuin overall density to four W
deelling units per acre and with the attachment of appro-
uriate conditions, the adequate provision ofpublic services
to serve the-proposed development can be assured.
ORDINANCE No. 77-53
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STAFF RE-PORT -- AGETTJA 5.4
TIG RD P-1/!MNI dG C0Q,-'!ISSIO117
5/3/77 - psge 4
IV. STAFF RECO; lT�ATIO?v:
Based on the findings of fact and conclusionary rindinos, the
staff recornnends approval of the request subject to the find-
ings the staff recom+ynends approval of the request subject to
the follo.•,inz condition:
(1) A half street improvement be provided for 3.11. 92nd Avenue
along this property
(2) The sewer and water easements be reviewed and approved
by the staff with any subdivision activity on this
property
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ORDINANCE No. 77-53