Ordinance No. 77-55 n
Co-
CITY OF TIGARD, OREGON 6
ORDINANCE NO. 77-_5-,S 1
ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MARTIN
EGGER.'1 FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD,
CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT 9795 S,W. FREWING STREET
AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 2CA AS TAX LOT 100, 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.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been here-
to fore and are now classified as Washington County RU-4,
and further finding that pursuant to prescribed procedures, the above-
stated application for a zoning map amendment was heard in a public hear-
ing held by the Tigard Planning Commission on April 19, 1977, and all
interested persons were there and then afforded an opportunity to be
heard, and thereafter the Planning Commission filed its report and recom-
mended approval with the City Recorder, a copy therefore hereto attached
and by reference made a part hereof, th.e 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 assure 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 Neighborhood Plan I , 1975 , in that it limits the maximum over-
all density to four dwelling units/acre and with the attachment of
r appropriate conditions, the adequate provision of public services
to serve the proposed development can be assured.
C. 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 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 108.20 (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
and further subject to the following conditions,
ORDINANCE No. 77-,_�i-
t
1. Either a half street improvement to City local street standards
be provided or an agreement to participate in a local improvement
district for the improvement of S.J. Frei°ri.ng Street be filed
with the city recorder. The determination as to which method
of street improvement to be made by the Director of Public ;Forks.
2. 5 feet be dedicated for street right-of-way along S.I,% Frewing
for future street widening.
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: ByIt J24,, vote of all Council Members present this
a212 day of ` u lg 'e , 1977, after being read three
times by number and title only.
Dxco _
Recorder - city o igard
APPROVED: By the Mayor this qday of _ 1977.
Mayor- City o Tigard
ORDINANCE No. 77-5:3
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s
SC`: r RULE A
nt S 15, 000. 00 gate Februa—°y 23, 1977 At 'c:'MA.14.
l P:c.ra m 9)5 .00
INSURED
e
-----MARTIN F. EGGERT and COLLEEN C . EGGERT------
K
The estate or interest referred to herein is, at the date hereof, vested in -----A, JOSEPH!1�E
CkRSON-----
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The land referred to in this policy is described as
A part of Lot 21 of FREWING'S ORCHARD TRACTS, Washington County,
Oregon and being more particularly described as follows:
Beginning at an iron pipe 'at the most Northerly corner of Lot 4,
of said FREiIING' S ORCHARD TRACTS, being also the most Northerly
corner of Block I, VIENCREST TERRACE; thence South 540 27' West
along the Northwesterly lines of said Block 1, extended 975. 2
feet to a point in the center line of the County Road point also
beina the true point of beainninq for the tract to be herein
described; thence South 490 22 ' East 98. 3 feet an angle point in said
road; thence continuing in the center of said road South 30" 40 '
East along the Southwesterly lines of said Lot 21, a distance of
71. 7 feet to the Northwest corner of the Donald C. Feller Tract
described in Book 597, Pace 604, l".ashington County Died Records;
thence North 540 27' Fast along the Northwesterly line of said
Feller tract to the Southwesterly line of Lot 7, Block 1, VIEWCREST
TERRACE, thence North 350 05' 30" test along the Southwest lines
of Lots` 7 and 8, VIEWCREST TERRACE, 166. 55 feet, more or less,
to the most Westerly corner of said Lot 8, thence South 540 27'
Zest to the true point of beginning --------------------
:dee 0� <or,c' N0 34-A-$2262
K 236 REV 11.74 S) -
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low
SCHEDULE A—Conflnued
fl:e estate or interest in the land dcscril.ed in this snc-dule ic: ---- —— —
scitEDULE B
{
insure against loss or damage, nor against costs,attorneN's fees or expenses,any or all of%%hicb
This policy dues not in this schedule except to the extent that the u�,ner of any
arise by reasan of the matters shown or referred to
mortgage or deed of trust is expressly insured on page 1 of this policy.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records; proceedings b} a public agency "hick may result in fates €
or assessments. or notices of such proceedings, whether or not .hoN%n by the records of such agency or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but whirh could be ascertained
by an inspection of said land or by making inquiry of persons in possession thereof.
3. E:isrments, Liens or encumbranc•es, or claims thereof, which are not shown by the public records; unpatented
xceptions in patents or in Acts authorizing the issuance thereof; water rights, claims
mining claims; reservations or e
or title fo water.
4. Discrepancies. conflicts in boundarV Itnes, shorioge in area, encroachments or an}' other facts which a correct
sumer would disclose.
The UrEri:ises herein described are Within and subject to the
s atutory powers, 'including tie uo-v.er of azscssment of the 'UnSf ied '
cet•,C �-r ag Agency ency of Washir_gton County, a municipal corporation.
Sewerage
�.
Rights Of the Dublic in streets, ''CBC's andr!=f^t:2ys.
Contract of Sale, �nclud_ng the te'<^h,: and !,?'Gl sib^,s tnereoi,
+endor: A. Josephine Carson
E;,cee : h,asl,er Development Co. , Inc .
ted:: - January , 1976 1111 Pace : E55
.ecc_•ced: Septelrioer 10, 1976 Book:
eco ^cs of i:ashin€ton County, Cr-egon.
E. the vendees in ter•est 'hereunder has been duly assigned
To: J.'artin F. Eggert and ColleGn C. Eggert _eve. lE
t,ecorded: February 22, 1977 Book: 11 +6
Fecc�Y�ds of Washington County, Cr•egbn.
--------------------
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PAGE 3
or POLICY NO. 3.L-A-P-2262 '
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STAFF REPORT
AGENDA 5.9
TIGARD PLANNING COMMISSION
April 19, 1977 - 7: 30 P 'M'_ Lecture Room
Fowler Junior High School Oregon
10865 S.W. Walnut Street - Tigard,
DOCKET: ZC 11-77
REQUEST: To amend the Tigard zoning map to change the zoning desig-
nation from Washington County "Urban Residential , RU-4"
to City of Tigard zoning "R-7 , Single Family Residential"
LOCATION: 9795 S.W. Frewing Street (Wash. Co. Tax Map 2S1 2CA, Tax
Lot 100)
APPLICANT: City of Tigard
I , FINDINGS OF FACT:
1. The applicant is requesting the application of City of
Tigard zoning ordinance to a recently annexed (November
17, 1976) , 27, 922 sq . ft. parcel designated "Urban Low
Density Residential" on Neighborhood Planning I (NP I ) .
2. City of Tigard Ordinance 77-9 (January 24, 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. Applicable policies of NP I are:
Policy 1. 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 sq. ft . 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.
Policy 2. Residential subdivisions will be developed
with paved streets, curbs and gutters, street lights,
and walkways, according to City or Countystandards.
All utilities will be placed underground.
Policy 3. Development will coincide with the provision
of pub it c streets, water, and sewerage facilities.
These facilities shall be (a) capable of adequately
serving all intervening properties, as well as the pro
posed development and (b) designed to meet City or County
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STAFF REPORT
AGENDA 5.9
TIGARD PLANNING COMMISSION
April 19, -1977 - 7 : 30 P.M.
Page 2
standards.
4 . S.W . Frewing Street is designated a localstreet in whereas and is currently a 40 ft . right-of-way ,
ft . is necessary for a local street.
5. R-7 zoning would permit the following uses:
a. Outright permitted:
(1) Single Family dwellings, each on a separately
described lot, as recorded in the County rec-
ords;
(2) Farming, truck gardening, orchards, and nurser
ies, provided no retail or wholesale business
sales office is maintained on the premises and
oultry or livestock, other
provided that no p
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) Rome occupations, only as strictly defined in
Section 18.08.250.
b. Conditional uses:
(1) Duplex residential , with a minimum Tot size of
10,000 sq. ft. : one duplex per lot
(Z) Boat moorage
(3) Cemetaries
(4) Churches and accessory uses
(5) Colleges
(6) Community buildings (public) `
(7) Governmental structure or ]and .use, including
public park, playground, recreation building, t
fire station, library or museum
(g) Greenhouse
STAFF REPORT
AGENDA 5.9
TIGARD PLANNING COMMISSION
April 19, 1977 -. 7: 30 P.M.
Page 3
(9) Conditional home use : Following the procedure
set forth in Chapter 18.72, a conditional home
use may be authorized for certain home occupa- -
tional 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 considera-
tion of "home occupation" type uses when special
circumstances are present which the applicant
feels deserve this consideration . It is the in-
tent of this title that any commercial or indus-
trial operations which would ordinarily be con-
ducted in a commercial or industrial 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, parochial or public
(13) Utility substation or pumping station with no
equipment storage and lines which are essential
to the functioning and servicing of residential
neighborhoods
(14) Any business, service, processing, storage or
display essential or incidental to any permit
ted use in this zone and not conducted entirely
within an enclosed building
(15) Golf course, country club, private club
(16) Children ' s day care
II . STAFF OBSERVATIONS :
The parcel is presently occupied by an old, single family resi-
dence with one access point onto S .W. Frewing Street and sur
rounded by single family dwellings on the north and east,
STAFF REPORT
AGENDA 5.9
TIGARD PLANNING COMMISSION
April 19, 1977 - `7:30 P.M.
Page 4
apartment buildings to the south, and a church on the west .
The site is generally flat with some gradual sloping on the
western portion but not of the magnitude to create develop-
ment constraints. The perimeter of the lot is heavily
planted with 10 to 12 ft . evergreen trees and tall deciduous
trees between this site and the drainage way to the west.
S.W. Frewing Street is a substandard street with narrow pave-
ment width, no sidewalks, curbs or storm sewers, and inade-
quate right-of-way.
III . CONCLUSIONARY FINDINGS:
1. There exists a public need to apply City of Tigard zon-
ing to all parcels of land in the city in order to ease
the administration of land use regulations.
2. City of Tigard R-7 zoning regulations most nearly conform
to the current Washington County RU-4 zoning district.
3. The proposed R-7 zoning district is compatible with the
surrounding zoning and conforms to the "Urban Low Density
Residential" policies of NP I in that it limits the maxi-
mum overall density to four (4) dwelling units. With
the attachment of appropriate conditions, the adequate
provision of public services to serve the proposed devel-
opment can be assured.
IV. STAFF RECOMMENDATION:
Based on the findings of fact and conclusionary findings,
the staff recommends approval with the following conditions:
1. Either a half street improvement to City local street
- standards be provided or an agreement to participate in
jet for the improvement of S.W.
a local improvement distr
Frewing Street be filed with the city recorder. The de-
termination as to which method of street improvement to
be made by the director of Public Works.
2, 5 ft. be dedicated for street right-of-way along S.W.
Frewing for future street widening.
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