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Ordinance No. 77-66 r Cr,iIrY OF tTIGAZD, 10EGeN ORDINANCE, NO. 77- 66, 1 t[l rr. m �` TTNID S `KITH L �>?��Cn' TO AN APPLICATION BY ORDINANCE ADOPTING Fl.. DAVID FARAR FOR AN Art 'WMENT TO TPF 1970 ONING 11AP OF THE CITY OF TI- CARL); C:TiANGING THE ZONE DISTRICT OF A TFO.CT OF LAND DEPICTED ON wASH-- INGTON COUNTY TAX .1�1iP 2S 1 11 iu �+ ii%' LOT 14n0, FROM IN'ASHINGTON COUNTY ICU--4 TO R-7 SINGLE FAMILY RESIDENTIAL AND ADCPTING EXHIBITS "A" AND "B", GRANTING THE APPLICATION AND rixiNG AN E'FFE'CTIVE DATE. g pF. f45 Y f THE CITY OF TIGA2— ORDAINS AS FOLLOk'S: SECTION 1: Finding; that the lands hereinafter described have been heretofore and are now classified as ;^tashing ton County WJ- 4, and further finding that pursuant to prescribed procedures, the s above-stated application for a zoning map amend-ment was heard in a public hearing hold by the Tigard Planning Commission on June 7, 1977, and all interested persons were there and then afforded an oprortunity to be heard, and thereafter the Planning Commission filed its report and recommended approval with the City 11ecorder, a copy therefore hereto attached and by refe-ence made :� part hereof, the Council adopts the following substantive findings: A. There exists a public need to apply City o.f Tigard zoning to all parcel; of land in the city in order to ease the administration of land use regulations and assure consiCtency throughout -15e Cite. B. The proposed R-7 2oning district is compatible with the surround ing ronin and conforms to the "Urban low Density Residential" pal=sies of the Tigard C,`ommiunity Plan, in that it limits, the maxi- m= overa.l]_ density to four ds-elling units/acre and with the at- c;cr'mp.y 1: of ai? ss,? t _ a;+;nv c +11.e aden;zate provision of pub- lic p'�' pZ'.L !,UC %;t�ld:us.vay.....y lic 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 2s THEREFORE, pursuant to the requirements of Chapter 13.88 of the Turd Municipal Code, the applicant's request for an amendment of the Tigard Zoning Map of 1970 to zone those lands des- cribed 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 Presidential Zone) of the Tigard Municipal Code so em- bodied, in or exhibited by the document submitted and. identified as follows: Exhibit "A": Legal Description Exhibit "B": Staff Report ZC 1s,:-77 and further subject tthe .fo7_lowing conditions: center line be -Of-way necessary to provide 4.5 feet from 1 . ,high �-"eet urposes. dedicated for P 1st da after This ordinance shall becomea�f effective n�oythe ;Mayor. �yGTZCN �• i+s pasGGge by the Council resent, after being Y,GIY„hy6,” .vote of all council members pthis .L s_ day of P�S'ED: �3' � number and title only read three times by Recorder City o Tigard day of 1977. ,FPROSTEv: 3y the 1,4ayor this �� --------- PMayor - Ci Y of migard page z Ordinance No 77� zC 16--77 -TBTT „ A tract of Land in Section 11 , Township 2 South; Range 1 est of t.12 �'i .?lamette !'•erid'lan, more par L. C��larly t1vSCrlbed 2S I011ob2S: i '754.&7feet s ',' et of the South-ast Eey_nni no a' a po_n� which is corner of Section ilt To--a ?sh p 2 South, Range 1 ';est Of the titi'11Iar)2'�%a I'�;eridiar; -Unence Norm 0 56, East 1094.6 feet,- .hence ',?est 759.4 feet; the South 0 25' vtest 1094.6 feet; thence East 750 feet to the place of beginning, L u STAFF REPORT AGENDA 5.2 SSION TIGARD PLANNING CO�INII 1977 - 7: 30 P.hi. June 7,wler Junior High School - Lecture Room Fo865 20le S.W. Walnut Street - Tigard, Oregon DOCKET: Zone Change 16-77 of Tigard R-7 zoning to a recently annexed REQUEST: To a.pp1Y City zoned Washington County RU-4 19.06 acre parcel currently Durham Road, 800 feet west of LOCATION: North side o`�ash` Co. Tax Nlap 2S1 11D, Tax Lot 1400) s Hall Blvd. arr/Harris Njc31onagle Associates APPLICANT: David F I , FINDINGS OF FACT: the application of Section 18.20 1 The applicant is requesting of the City of Tigard Municipal (Single Family Residential]) ril 6 , 1977) 1.9. Code acre par- Code to a recently annexed CAP cel . 2. The site is designated "Urban Low Density Residential" on nity Plan , 1971 • Applicable policies from the Tlanr the p are pmmufollows : a. Urban Low Density Residential Objectives To provide areas of the city having a predominately (1) single-family residential character 2 To permit densities that will services'_andVfacpl rt ( ) and, the cost of necessary Pub pedestrian ways, ties, such as paved streets p utilities To permit a variety of housing types to meet the (3) size and family income• needs of different family Polici.-es and Standards of development will be (1) The maximum overall or12P density ersons per ,gross acre. four dwelling units or 12 ware feet of This amounts to a standard of 7,500 sq land per dwelling unit eaareasnwillT have eatlowedr other open space. Sem STAFF REPORT AGENDA 5.2 TIGARD PLANNING CU1.1MISSION June 7, 1077 - 7:30 P.M. Page 2 density owing to topography, existing development patterns or the desire of individuals 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. (3) Development will coincide with the provision of public streets, water, and sewerage facilities. These facilities shall be (a) capable of adequately serving all intervening properties as well as the proposed development and (b) designed to meet City or County standards. (4) Planned unit development will be encouraged on tracts large enough to accommodate ten or more dwellings. Planned unit development will permit a degree of flexibility in design that will enable a higher quality of development in accordance with zoning standards. b. Arterial Streets Policies and Standards (1) Arterial streets will give limited access to ad- joining property and have grade separation with railroad tracks in order to avoid unnecessary con- flicts. (2) Parking along arterial streets will be limited in order to maintain their traffic handling capacity. (3) The followingstandards are recommended for arter- ial streets: Right-of-way width: 80 - 120 feet* Pavement width: 12 feet per lane Moving lanes: 2 - 4 Volume: 6,000 - 20,000 vehicles per day n Driving speed: 24-45 miles per hour Existing arterials with less than 80 feet of right-of-way will require stringent access controls. t, t : , STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION June 7, 1977 - 7. 30 P.M. Page 3 (4) The plan designates the following as arterial streets: i Durham Road between Highway 99-W and '72nd Avenue. I. 3. R-7 would allow the following uses: i a. Outright permitted: (1) Single family dwelling, each on a separately des- ` cribed lot, as recorded in the County records f (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 household pets, are housed or any fenced run lo- cated within one hundred feet of any residence other than the dwelling on the same lot (3) Home occupations, only as strictly defined in Sec- 6 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 (_4) Churches and accessory uses e (5) Colleges (6) Community building (public) (7) Governmental structure or land use, including pub- lic recreation building, lic park, playground, station , library or museum (8) Greenhouse (9) Conditional home use: Following the procedure set :t forth in Chapter 18.72, a conditional home use may I _ i STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.114. Page 4 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 conduc- 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, pri- vate, 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 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 flat with houses along the western edge. The par- cel is essentially a vacant piece of farm land with very little vegetation other than grass and a few trees around .the houses . .No development constraints are apparent . STAFF REPORT AGENDA 5.2 TIGARD PLANNING COMMISSION June 7, 1977 - 7: 30 P.M. Page 5 The site is surrounded by farm land with the exception of the Tigard High School on the south side of S.W. Durham Road. The general character of the area is rural , undergoing transition to urban uses. a Sewerage service is available from a ten inch main line in S.W. Durham Road and is of adequate capacity to facilitate the proposed density. Water service is available from the Tigard Water District from a 12 inch main line in S.W. Durham Road, which is adequate to serve the development. S.W. Durham Road lacks the right-of-way called for in the Ti- � gard Community Plan , 1971 and is in a substandard condition . Washington County Public Works Department has developed a de- sign for the improvement of S.W. Durham Road which calls for a 90 foot right-of-way. Therefore, right-of-way necessary to provide for 45 feet from center line should be dedicated. 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 . 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 , 1971 in that, it limits the maximum overall density' to four dwel- ling units/acre and with the attachment of appropriate con- ditions, 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 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 'follow- ing condition: 1. Right-of-way necessary to provide for 45 feet from center ' dine be dedicated for street purposes.