Ordinance No. 77-63 CITY CF TIGA", J, OREGON
ORDINANCE NO. 77- �--3
ORDINANCE ALI)OP.'INCO FINDINGS WITH RESIPECT TO AN APPLICATION H
CTEP EN W. SPIEGEL FOR AN AMTENDMENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD, CHANGING TT-1E ZOTTF: DISTRICT OF A TRACT OF LAPTD DEPICTED ON
"ASHTNGTON COUNTY TAX MAP 1S1 34D AS TAX LOT 400, FROM 1ASHINGKIN
COUNTY RU-4 TO R-? ISTCLE FAMILY RF::IDENTTAL AND ADOPTING EXHIBITS
"All AND "B", GP,ANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE.
TIE. CITY OF TIGARD ORDAINS AS FOLLO11S:
SECTION 1: Finding that the lands hereinafter described have been
heretofore and are now classified as ;y'ashington County
U-4, and further finding that pursuant to prescribed procedures, the
above--titrated application for a zoning map amendment was heard in a
public hearing held by the Tigard Planning Commission. on June 7, 1977,
and all unte��ested persons were there and then afforded an opportunity
to be ...eard, and thereafter the Planning Commission .filed its report
and recomaended approval with the City Recorder, a copy therefore
hereto attached and by reference made a part hereof, the Council adepts
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 administraticn of-
land
fland use regulations and assure consistency throughout the City.
3 The proposed R-7 zoning district is compatible with the surround-
ing zoning and conforms to the "Urban Low Density Residential" poll-
cies of the Tigard Community Plan, in that it limits the maximum
overall density to four dwelling units/acre and with the attachment
of appropriate conditions, the adequate provision of public ser-
vices to serve the proposed development can be assured.
C. The R-7 zoning is the most appropriate designation due to there be-
ing few development constraints and the need to efficiently utilize
buildable lands in -the urban area.
SECTIOST 2: TIE-TEFORE, pursuant to the requirements of Chapter 18.88
of the Tigard Municipal Code, the applicants request or
an ar^endment3.. tie Tligar tonin Iia oT 10.70 to zone those lands des-
cribed in the attac,hed Ex Jb1 'A", .nor Single Family Residential (R-7)
use is hereby approved, subject to the prnvisions of Chapter 18.20
(Single Family Presidential Zone) of the Tigard municipal Code so em-
bodier in or exhibited by the, document submitted and identified as
follow:~:
Exhibit "A"c Legal Description
Exhibit _"B": Staff ;?eoprt
ZC 18-7
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1.. -.. N
and further subject to the following conditions:
1, An agreement to participate in a local Improvement District for the
improvement of S.W. North Dakota Street be signed by the property
owner, be recorded, and transferred to all deeds for all new lots
as they are sold.
2. Ten feet be dedicated along this property for street improvements to
S.W. North Dakota Street.
3. Sidewalk be allowed to meander or abut the curb in order to save
trees on the site.
SECTION 3: This ordinance shall become effective on the 31st day after
its passage by the Council and approval by the Mayor.
PASSED: By unanimous rote of all Council members present, after being
read three times by number and title only this ,2�_ day of
1977.
ecor er - City o7�a
APPROVED: --By the Mayor this day of 1 , 1977.
Mayor - City of Tigi�_ __
Page 2
Ordinance No. 77-63
ZC `18-77
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STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
June 7, 1977 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
DOCKET: ZC 18-77
REQUEST: To apply City of Tigard R-7 zoning to a recently annexed
2 .75 acre parcel currently zoned Washington County RU-4
LOCATION: North side of S .W. North Dakota Street between S .W. Ti-
gard Street and S.W. Greenburg Road (Wash. Co. Tax Map
ISI 34D, Tax Lot 400)
APPLICetrT, Stephen Sn PgPi
r
i
I. FINDINGS OF FACT:
i
1. The applicant is requesting the application of Section '
18.20 (Single Family Residential ) of the City of Tigard
Municipal Code to a recently annexed (May 4, 1977) 2.57 f
acre parcel. t.
r,
2. The site is designated "Urban Low Density Residential" on
the Tigard Community Plan, 1971. Applicable policies from
the plan are as follows :
a. Urban Low Density Residential
Objectives
(1) ToE'
provide areas of the city having a predominately
single-family residential character. €
,
(2) To
permit densities that will economically support
the cost of necessary public services and facili-
ties, such as paved streets, pedestrian ways, and ;
utilities .
(3) To permit a variety of housing types to meet the
needs of different family size and family income.
Policies and Standards
(1) The maximum overall density of development will
be four dwelling units or 12 persons per gross I
acre. This amounts to a standard of 7, 500 square
feet of land per dwelling unit, allowing for _
streets and other open Some omc arews will
4
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMAIISSION `
June 7, 1977 - 7: 30 P.M.
Page 2 {
have a lower density owing to topography, exist-
ing development patterns or the desire of indi-
viduals to own a larger lot .
(2) Residential subdivisions will be developed with
paved streets, curbs and gutters, street lights,
and walkways, according to City or County stand-
ards. All utilities will be placed underground. j
(3) Development will coincide with the provision of [
public stteets, water and sewerage facilities.
These facilities shall be (a) capable of ade- ,
quately serving all intervening properties, as
well as the proposed development and (b) designed i
to meet City or County standards.
(4) Planned unit development will be encouraged on ,
tracts large enough to accommodate ten or more F
dwellings. Planned unit development will permit
a degree of flexibility in design that will en-
able a higher quality of development in accordance
with zoning standards.
b. Collector Streets
Purpose
To collect and distribute traffic between arterial and
local streets or directly to traffic destinations. A
secondary purpose is to provide access to abutting
properties.
Policies and Standards
(1) The following standards are recommended for col-
lector streets:
Right-of-way width: 60 foot minimum
Pavement width: 44 foot (two 13 foot moving
lanes and two 9 foot parking
lanes. 26 feet of pavement
at intersections and cross-
walks
Moving Lanes 2
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
June 7, 1977 - 7:30 P.M.
Page 3
Volume: 1,000-6,000 vehicles per day
Driving speed: 20-35 miles per hour
(2) The standards described above are for collector
streets in built-up areas where on-street parking
and direct access to property are permitted. In
special cases (such as large scale subdivisions
where access can .be controlled, parking space can
be provided in ofd-street parking bays, and walk-
ways can be provided along rear lot lines), other
standards may be appropriate.
A collector street without on-street parking and
without curb-cuts to individual properties can be
developed with 24-26 feet of driving pavement.
Such a street serves one function--to move traf-
fic.
(3) The plan designates the following as collector
streets: North Dakota Street from 121st Avenue to
Tiedeman Avenue.
(4) R-7 would allow the following uses:
(a) Outright permitted:
1. Single family dwelling, each on a sep-
arately described lot, as recorded in the
County records
2. Farming, truck gardening, orcna.rds, and
nurseries, provided no retail or whole-
sale business sales office is maintained ¢F
on the premises and provided that 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 de-
fined in
efined`'in Section 18 .08.250
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STAFF REPORT
AGENDA 5,3
TIGARD PLANNING COMMISSION
June 7, 1977 - 7: 30 P.M.
Page 4
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 pub-
lic 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 for the City's con-
sideration of "home occupation" type uses when
special circumstances are present which the appli-
cant feels deserve this consideration . It is the
intent of this title that any commercial or indus-
trial operations which would ordinarily be condue-
ted in a commercial or industrial district, con-
tinue 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
,_m _..amu :. _ _
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STAFF REPORT
AGENDA 5 . 3
TIGARD PLANNING COMMISSION
June 7, 1977 - 7: 30 P.M.
Page 5
(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) Golf course, country club, private club
(16) Children 's day care
II . STAFF OBSERVATIONS :
The site is a vacant parcel with no development constraints
other than a part of the Fanno Creek flood plain (164' mean sea
level) , which intrudes into the parcel on the east side of the
street . The site is surrounded by generally undeveloped prop-
erty and large lots with single family dwellings. The general
character of the atea is rural, undergoing change to urban with
the introduction of the Englewood and Black Bull Subdivisions.
Water and sewerage service is available from the recently ap-
proved Black Bull Subdivision to the north .
Access to the site is available only from S.W . North Dakota
Street , which is substandard in right-of-way and improvement
width. In order to bring the existing right-of-way to meet
the plan standards, a ten foot dedication along this property
would be required.
The attachment of the same condition as was attached to the
Black Bull Subdivision (March 28, 1977) would satisfy the im-
provement needs of S.W . North Dakota Street.
"l. An agreement to participate in a local improvement dis-
trict for the improvement of S. S . North Dakota Street be
signed by the property owner, be recorded, and transferred
to all deeds •for all new lots as they are sol.d . " (File
ZC 18-76)
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
administration of land use regulations and assure consis-
tency throughout the city.
STAFF REPORT
AGENDA 5.3
TIGARD PLANNING COMMISSION
June 7, 1977 - 7: 30 P.M.
Page 6
2 . 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, 197?
z
in that it limits the maximum overall density to four
ddel
ling units/acre, and, with the attachment of appropriate
conditions, the adequate provision of public services to
serve the proposed development can be assured.
3. The R-7 zoning is the most appropriate designation due to
there being few 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 ndings, the
staff recommends approval with the following condi
1. An agreement to participate in a local improvement district
for the improvement of S.W. North Dakota Street be signed
by the property owner, be recorded, and transferred to all
deeds for all new lots as they are sold
2. Ten feet be dedicated along this property for street im
provements to S.W. North Dakota Street .
i
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