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Ordinance No. 77-54 a. CITY OF TIGARD, OREGON ORDINANCE NO. 7 7 5- 4 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY CHARLES E. COSTON 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 WASHINGTON COUNTY TAX MAP 2S1 14A AS TAX LOT 600, FROM WASHINGTON COUNTY RU 4 TO (R-7) SINGLE FAMILY RESIDENTIAL AND ADOPTION EXHIBITS "A" AND "B'.' GRANTING THE APPLICATION AND FIXING AN EFFECTIVE 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 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 thereafter the Planning Commission filed its report and recommended approval with the City Recorder, a copy therefor hereto attached and by reference made a part hereof,the Council adopts the following substantive 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 provide consistency throughout the City. 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 services to serve the proposed development can be assured. SECTION 2: THEREFORE, pursuant to t1he 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 Tigard Municipal Code so embodied in or exhibited by the document submitted and identified as follows; Exhibit "A" : - Legal description. Exhibit "B": Staff report ORDINANCE No. 77- and further subject to the following conditions: 1. Twenty-five feet be dedicated along S.W. Durham Road for street purposes. of any 2. A conversant be attached accethe ss de to Durham Roadtc abutting Durham Road restricting direct SECTION 3: This ordinance shall beeeCouncileand approval ofethesMayor. after its passage by th PASSED: By ri cru 5 vote of all Council members present this �? day of J-• � , 1477, after being read three times by number and title only. Recorder - City of Tigar � i V APPROVED: By the Mayor this day of1°77. Mayor City of Tigard ORDINANCE No. 77-54 =c Exhibit "A" I, Andrew J. Paris, Jr. , being first duly sworn under oath, did say that I have correctly surveyed and marked with lawful monuments the lands represented on the annexed map of "Coston Place" and at the "initial point" of survey, I have set a two inch galvanized iron pipe, thirty six inches long, buried upright six inches below the surface of the ground; said initial point being the northwest cor- ner of Lot 1 "Coston Place" and bears south 45.00 feet from the section corner common to sections 11 and 14, T. 25. , R. 1W. , W. M. ; thence south 235.50 feet , along the north-south centerline of Sec- tion 14, to a 1-inch iron pipe; thence east , parallel to the north line of said Section 14, 216.25 feet to a 1-inch iron pipe; thence north, parallel to said section centerline, 280.50 feet to a point on the north line of said O-ection 14; thence west, along said sec- tion line, 216.25 feet to said section corner; thence south 45.00 feet to the point of beginning. i t STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION May 3, 1977 - 7: 30 P.M. Fowler Junior High School - Lecture Room 10865 S .W. Walnut Street - Tigard, Oregon DOCKET: ZONE CHANGE 9-77 REQUEST: To amend the Tigard zoning ordinance to apply City of Tigard "R-7, Single Family Residential" zoning to a 1. 17 acre re- cently annexed parcel currently zoned Washington County "RS- 1, Suburban Residential" LOCATION: South side of S .W. Durham .Road, west of S.W. 92nd Avenue (Wash. Co. Tax Map 2S1 14A, Tax Lot 600) APPLICANT: Charles E. Coston I . FINDINGS OF FACT: 1. The applicant is requesting the application of the City of Tigard zoning ordinance to a recently annexed January 18, 1977 1. 17 acre parcel designated "Urban Low Density Residen- tial" on the Tigard Community Plan, 1971 2. City of Tigard Ordinance 77-20 (February 28, 1977) directs the Planning Commission to conduct such proceedings as may be necessary to conform the authorized zoning and land use of the parcel to the requirements of the City's zoning map and code 3. The applicable 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, ex- isting development patterns, or the desire of individuals to own a larger lot . 4. R-7 zoning would permit the following uses: 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- fice is maintained on the premises and provided that STAFF REPORT AGENDA 5.5 TIGARD PLANNING COTIMISSION May 3, 1977 - 7:30 P.M. Page 2 t 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 (3) Home occupations, only as strictly defined in Section 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 (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, , s 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 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 STAFF REPORT AGENDA 5.5 TIGARD PLANNING COMMISSION May 3, 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, paro- chial 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 en- closed building (15) Children 's day care. ( 16) Golf course, country club, and private club . II . STAFF OBSERVATIONS: The site is flat, presently vacant with numerous 14 to 16 foot tall evergreen trees scattered around the site and surrounded by a horse stable to the south, a single family residence on a large lot to the east, vacant land on the west , and the Summer- field Planned Development on the north . Adequate water and sewer is available to serve the proposal (See Agenda Item 5.5. ) The parcel abuts S.W. Durham Road, which is a county road and designated an arterial on the Tigard Community Plan, 1971. Sewer is available to handle the proposed density on this site via a trunk line in S.W. Durham Road. Water service is available to facilitate the proposed density on this site via a main line in S.W. Durham Road. Although the lot has legal access directly onto S.W. Durham Road, the coordinated development of this parcel and the adjacent parcel STAFF REPORT AGENDA 5.5 TIGARD PLANNING CO➢4MISSION May 3, 1977 - 7:30 P.M. Page 4 F, south (Agenda Item 5.4) permanent access could be provided to the sou � g arrangement would through that lot onto S.W. 92nd Avenue . This arrang nity support the arterial streets metwitthlbothsof the Tigard applicants, and bothuhave Plan, 1971. Staff has m stated their agreement to such a proposal . 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. 2. The proposed R-7 zoning district is compatible with the sur- rounding zoning and conforms to the "Urban Low D nsityiResi- dential" policies of the Tigard Communitying that it limits the maximum overall densittofour cdwellionsunits/ acre, and with the attachment of appropriate the adequate provision of safe street access to serve the proposed development can be assured. 3, 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 RECOJ-iJMENDATION Based on the staff observations and conclusionary findings, the staff recommends approval of the request subject to the following conditions: � he 1. A one foot access controntool tS .W.rip bDurham cRoad butated to reservingro- hibiting direct access anent access is provided through temporary access until perm the adjacent property to the south S.W . urham Road for street pur 2. 25 feet be dedicated along _r poses.