Ordinance No. 77-81 CITY OF TIGARD, OREGON
ORDINANCE NO. 77- &/ _
AN ORDINANCE AMENDING SECTION 2 and CONDITION #3 OF ORDINANCE NO, f.
77-49, WHICH CHANGED THE ZONE DISTRICT OF A TRACT OF LAND ON THE
NORTH SIDE OF S.W. DURHAM ROAD, WEST OF S.W. 98TH AVENUE, AND DE-
PICTED ON WASHINGTON COUNTY TAX MAP 2S1 11CD AS TAX LOTS 800 AND
900 FROM WASHINGTON COUNTY RU-4 TO R-7 SINGLE FAMILY RESIDENTIAL, }
AS REQUESTED BY KERMIT CARLILE AND WOODY HUGHES, ENACTING SAID AMEND-
MENT AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
fl
Section 1: Since the enactment of Ordinance No. 77-49 and with par-
ticular reference to Section 2, Condition 3 thereof, new
information has been brought to the Council 's attention by the owner
of the eastern abutting property (Mr. McCoy) which has caused Coun-
cil to reconsider their earlier action which requested Mr. McCoy to
participate in the placement of a street connection from the Carlile-
Hughes subdivision, across the McCoy property to S.W. 98th Avenue.
The Council finds that the new information presented by Mr. McCoy in
r public hearing before them on August 22, 1977 consisted of two sa-
lient points, which has led to reconsideration of the previous action:
A. The required street will not provide any benefit to his
property in that access is available along the 591 feet of
T,.
frontage on S.W. 98th Avenue.
B. Improvements to the required street would be in addition to
the provision of a one half street improvement on S.W. 98th
Avenue when the McCoy property is developed.
fi Section 2: THEREFORE, Ordinance No. 77-49 is hereby amended as fol-
lows:
Section 2, Condition 3
PRESENT WORDING
The applicant improve the street onto S.W. 98th Avenue to
a 24 foot width if the right-of-way becomes available be-
fore the subdivision is completed and streets and improve-
z" ments are accepted by the City of Tigard.
AMENDMENT
IvE�`
The applicant improve the street onto S.W. 98th Avenue to
a 24 foot width with curbs, storm drainage, and sidewalk
Ordinance No. 77- �
ZC 15--77
f
on one side, if the right-of-way becomes available before
the subdivision is completed and streets and improvements
are accepted by the City of Tigard.
Section 3: Inasmuch as it is necessary for the peace, health, and
safety of the people of the City of Tigard that the fore-
going change become a permanent part of the City 's records, an emer-
gency is hereby declared to exist, and this ordinance shall be effec-
tive upon its passage by Council and approval by the Mayor.
PASSED: By vote of all Council membersp resent after be-
ing read three times by number and title only this .2.2-
day
2Zday of 5t 1977.
�. Recorder - City o Tigard :
APPROVED: By the Mayor this _2a__ day of1977.
F,
it of Tigard
a
E;
Ordinance No. 77- l }
Page 2
�z.
ZC 15-77 E.
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TIGARD plr1.T,, i NG CG:-.=TSSIC:';
lay 214, 1977 - 7::C P.1-1.
Page 2
C. Roblic Testimorny:
0. dames L. McCoy, adjacent property o-.%,ner, stated that
he ';,as in favor of the zone change, but he is op-
posed to a :•'th Street access because of raffi c,
cost, and his future development piwis.
D. Staff RecomTendation:
Based on the staff observations and conclusionary find-
ings, the staff recommends approval of the reouest sub-
ect to the folim..ing condi L,ora
1. A one foot access control strip be dedicated to the
CJ-Ly prohibiting direct access onto S.'8. Dlurham
Road but reserving temporary access until permma_nent
access is provided t]hrouEh the adjacent property to
the east.
2. 25 feet be dedicated along S.';% ?,::rhwri Road for
street purposes.
'The serer and :,pater lines in S. - aaria-� Rca be c. -
tended from their current terTinus to the tirescern
bo-undary of the property or local i_;provemer_t cis rice
ac-
agreements to do the same be prop>ided upon final ac-
for_ of the Cit} Council ,:•_th regard to this recues w.
4. 'The applicant i, prove the street onto S. 9Sth
Av�.'nue 'alien the r1�h' Jf-`.:a�T become available.
o Discussi on on extension of S."T g8�n
0 Barbara Kemp expressed concern over the extension
onto 98th Street ruin ing the fut --re lotti r_g patter.
on + oCoy's land.
o Irene 1;cCoy Stated that street dedication ;'Uuld re-
duce the ncumber of lots allm ed.
E. Crimf ssio : DiSCLSSicn:
o ' col; s'J.`'eSted that staff recti �uenca�,i ons 1d0:?ld 1 -
crease theycost of thie o: .isi n a:.rid '- ould, 'i:here-L
tilt ORDINANCE No. 77-49
fI
it`r_PD P7 t, CC:•-:1SS1Ci�
,..ay 24, 1977 - 7:-73 P.7.11
...
-ale D
be in conflict :•ith the policies.
o Goldbach stated that access onto S.:'i. -7F—t 1 JA el ::e
:rc�ld be provid n� for the future public safety and
should be encouraSed.
E
o Co7IL -J ssion discussion on, Recom-nne-nda tion_
Sa_ata moved and ';,00d seconded for approval based on F
staff findinss and i•:ith the four staff reco=endations.
a in a five to one vote, faith Nic-
he motion - as approve
o1i dissenting.
.5 COiI1?Oh?AL USE 12-77 (Ia?Zett)
y reouest, by Tigard Health- ClL:b for a conditional use permit
Io locate a health spa in the Tir;ard Plaza (,.ash. Co. Tax ":ap
1S? 35DD, Tax Lot j�J1)
_ ^ R
A. S 1�af= CpOr t:
o dead b-- Daniels
3, o-oplicant's Presentation_:
c Kit Ha:---ett stated that the site had been 'previously
sed as a health s_na and, therefore, ::ouid be ap-
prupriate.
C. PLiblic Testimony:
I lone :
D. Sta-?' Recammend ation:
Tevedino- ;roved and Goldbach seconded for an_aroval as
submit ted.
E
;5ZC ? -77 (Patterson/Gla,-,bI e) '
1: ~eo'.:est J.
by J !_. Pat Lerson/Jorma C j aub .e o _ -e1i min«�y I
o- a D sa 14 '.�n.t s-*—:--" - _ami ltt
p�a'1 c..:^.d p�'?�r'a: ="2V=?`,i r0_ o C _ - -�
t,s s7? :oG r�n�o t -.,c; nr�t ;r a ttti-7, S=P_`1e `� T ll� P�✓, 1e:7 ialtt
zone at 11;_>, 5.,:. ll;t'1 _L,Verue.
i
ORDINANCE 'No. 77-49
ORQI AI;CE 1;0. 7��
OP,DII TAI•CE ADOPTING FIITnII�TGS ,,ITITH RESPECT-TO AI? 1__PPLICATIO BY V_ER;II1
CARLfTL_; AAdD .TOODY HUGHES FOR AT'J AI,1EI`dDI�T'JT TO THE 1970 ZOiJING i;AP OF THE
CITY OF TIGARD, CH.AJGING rf& ZONE DISTRICT OF A TRACT OF LAND ON THE NORTH
SIDE S.W. DUPJ-W,1 ROAD, ;,,'EST OF S.W. 98TH AVENUE Al4D DEPICTED ON `;ASHINGTON
COU1%TY TA., I.AP 2S1 11CD AS TAX LOTS 800 & 900 FROI.7 :iASHINGTON COUNTY RU-4 TO
(R-7) SINGLE FAMILY RESIDENTIAL A D ADOPTING E)CHIBITS "A" AIND "B",
GRIJ,TTING THE APPLICATION A14D FIXING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLO"S:
s
SECTION l: Finding that the lands hereinafter described have been
heretofore and are now classified as Washington County RU-4,
and farther finding that pursuant to prescribed procedures, the above-
stated application for a zoning map amendment alas heard in a public
hearing held by the Tigard Planning Commission on hlay 24, 1977, and all
ir,tcrasted 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 therefore hereto
attached and by reference made a part hereof, the Council adopts the
following substantive _findings:
A. The proposed zoning; conforms to the Tigard Community Plan, 1971 in
that: k
1 The proposed density is less than the maximum allowed.
I
2. ;•+i th attacl�ent of a condition requiring the extension of
.rater and sewer lines, adequate service will be available.
B. TT-,ere exists a public need to apply City of Tigard zoning to all It
parcels of land in the city in order to ease the administration of
land use reoilations.
z
C. The proposed R-7 zonin` district is compatible with the surro_nding
zoning and conforms to the "Urban Low Density Residential" policies 1
of the Tigard Coi mmL;nity Plan, 1971, in that it limits the r_-axim-cm
overall density to four dwelling units per acre; and, with the
attachment of appropriate conditions, the adequate provision of safe
street access to serve the proposed development can be assured.
f
D. The R-7 zoning is the most appropriate designation, due to there
bein- no apparent development constraints and the need to efficiently
utilize buildable lands in the urban area.
)ECTION 2: T-HEREFORE, pursuant to ;he requirer:ents of Chapter 18.88 of
the Tigard I•'ranici ap 1 Code, the applicant's request for an
amendment of the `l'iaard 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
I
ORDINANCE To. 77-
s. _
1 1 1
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:
1. Twenty-five feet be dedicated along S.W. Durham Road for street
purposes.
2. The sewer and water lines in S.W. Durham Road be extended from
their current terminus to the western boundary of the property
or local improvement district agreements to do the same be
provided upon final action of the City Council with regard to
this request.
3. The applicant improve the street onto S.W. 98th Avenue to a
24 foot width if the right-of-way becomes available before the
subdivision is completed and streets and improvements are accepted
by the City of Tigard.
4. A covenant be attached to the deed of any lots abutting Durham
Road restricting direct access to Durham Road.
g 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 1117(4ili9_ uc�s _ vote of all Council members present this
.27 day of 1977, after being
read three times by number and title only.
F
Recorder - City of'Ti
garV
APPROVED: By the Mayor this ,,22-7&
7- day of !/ctrl Q , 1977.
Mayor - City of Tigard
ORDINANCE No. 77-49
EXHIBIT "A"
Real property consisting of approx. 3.19 acres. 2S111CD Tax Lot 800
The west one half of lot 21, Alderbrook Farm, Washington County, Ore-
gon and Tax Lot 900, Lot 22 of Alderbrook Farm (Property consists of
approx. 6.68 acres & fronts on Durham Rd . in the Tigard area)
j
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ORDINANCE Na, 77-49
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Fowler er Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
DOCKET: ZC 15-77
Cityof
REQUEST- To amend the Tigard zoninResidential"tzoning�7to a 9.887
Ti-
Bard "R-7, Single Family
acre recently annexed parcel currently zoned Washington
County "RU-4 , Urban Residential"
LOCATION: North side of S .W . Durham Road, west of S .W . 98th Avenue
(Wash. Co. Tax Map 2S1 11CD, Tax Lots 800 and 900)
APPLICANT: Kermit Carlile/Woody Hughes
I . FINDINGS OF FACT:
1. The applicant is req
uesting the application of the City of
Tigard zoning
ordinance to a recently annexed , May 4, 1977,
9.87 acre parcel designated "Urban Low Density Residential
on the Tigard Community Plan , 1971
2. The ordinance ratifying the annexation will direct the Plan-
ning Commission to conduct such proceedings as may be neces-
sary to conform the authorized zoning and land use of the
parcel to the requirements of the City 's zoning map and
code.
3. The appli.calbe policy from the Tigard Community Plan, 1971,
is as follows:
:3 a. Tire maximum overall density of development will be four
dwelling units or 12 persons per gross
. 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
- t.opogra.phy ,,
existing development patterns or the desire
of individuals to own a larger lot.
4 . R-7 zoning would permit the following rises:
a, Outright permitted:
( 1) Single family dwellings, each on a separately des-
cribed lot., as recorded in the County records
(2) .ruck gardening, orchards, and nurseries,
Farming,
provided no retail or wholesale busine=�sroaidedothat
fie
is maintained on the premises and
p
:.Z:
ORDINANCE No 77-49
STAFF REPORT
AGENDA 5. 4
T1GARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page
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
jl
(3) Cemetaries
(4) Churches and accessory uses
(5) Colleges
(6) Community buildings (public)
.P (7) Governmental structure or land use, including public
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
whish 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 reels de-
serve this consideration. It is the intent of this
' title that any commercial or industrial operations
.g which would ordinarily be conducted in a commercial
or industrial district. , continue to be conducted in
3
such district and not at home
ORDINANCE No. 77-49
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 D.M.
Page 3
(10) Hospital , sanitarium, rest home, home for the aged ,
nursing home or convalescent hom.
(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 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) Children 's day care
(16) Golf course, country club, and private club.
II . STAFF OBSERVATIONS:
The site is a relatively flat, vacant parcel , with a large, old
farm house and a small grove of trees in the northern portion of
the site. Access is provided from S.W. Durham Road. The site
is surrounded by the Summerfield Planned Development and golf
course on the north and south with single family dwellings and
vacant lots to the east. The area across S .W. Durham Road is
undeveloped.
Neither water or sewerage service is currently available to the
property. A water line may be extended from S.W. 98th Avenue,
but sewerage service will not be available for at least two
years unless extended 1,500 feet from Summerfield IV. The ap-
plicant has made no mention of such a commitment .
The site currently has access onto S.W. Durham Road for a single
family residence . The application of the proposed zoning would
allow approximately 40 dwelling units. The creation of a new
street onto S .W. Durham within 200 feet of an existing street Y
(S.W. 98th Avenue) conflicts with the purpose of arterial
streets, which is "to carry high volume traffic flow and to
ORDINANCE No. 77-49
i'
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING c0MmISSION
May 17, 1977 - 7: 30 P.M.
Page 4
E
connect major traffic--generating areas such as residential
neighborhood, commercial centers, industrial areas, and nearby
communities" . The adjacent parcels were also recently annexed,
and a common development plan could provide access onto S .W .
98th Avenue.
S.W. Durham Road is currently a 40 foot right-of-way, as 90 feet
is required. Thereford, a 25 foot dedication is necessary.
III . CONCLUSIONARY FINDINGS :
1. The proposed zoning conforms to the Tigard Community Plan,
1971 in that:
a. The proposed density is less than the maximum allowed
b. With attachment of a condition requiring the extension
of water and sewer lines, adequate service will be
available .
2. There exists a public need to apply City of Tigard zoning to
all parcels of land in the city in order to ease the admin-
istration of land use regulations.
3. The proposed R-7 zoning district is compatible with the sur-
rounding zoning and conforms to the "Urban Low Density Resi-
dential" policies of the Tigard Community Plan , 1971, in
that it limits the maximum overall density to four dwelling
units per acre; and, with -the attachment of appropriate con-
ditions, the adequate provision of safe street access to
serve the proposed development can be assured.
4 . 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.
I V. STAFF RECOMMENDATION:
Based on the staff.observations and conclusionary findings, the
staff recommends approval of the request subject to the follow-
tng conditions:
1. A one foot access control strip be dedicated to the City
prohibiting direct access onto S.W. Durham Road but reserv-
ing temporary access until permanent access is provided .
through the adjacent property to the east .
ORDINANCE No. -77-49
STAFF REPORT
AGENDA 5 .9
TIGARD PLANNING COMMISSION
May 17, 1977 - 7: 30 P.M.
Page 5
2. 25 feet be dedicated along S .W. Durham Road for street pur-
poses.
3. The sewer and water lines in S.W. Durham Road be extended
from their current terminus to the western boundary of the
property prior to submission of a preliminary subdivision
plat for this property or local improvement district agree-
ments to do the same be provided upon final action of the
City Council with regard to this request.
y.
ORDINANCE No. 77-49
r�
Y
MINUTES
TIGARD PLANNING COMMISSION
SPECIAL MEETING/STUDY SESSION
`.fay- 24 , 1977 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S .W. valnut Street - Tigard, Oregon
1. CALL TO ORDER:
2. ROLL CALL: Present: Popp, Nicoll , Sakata, Wood, Tepedino, Gold-
ba ch
Excused Absence: Moore
3. APPROVAL OF MINUTES:
The minutes of May 3, 1977 were approved as read.
4 . COAIMUNICATIONS :
Staff presented a memo on three subdivisions given administrative
approval .
5. PUBLIC HEARINGS:
o Popp announced that Item 5.3 would be postponed until later
in the meeting until the applicant 's architect could arrive.
5 -4 ZC 15-77 (Carlile)
A request by hermit Carlile to apply City of Tigard "R-7.
Single Family Residential" zoning to a recently annexed par-
eel zoned Washington County "RU-4" on the north side of S .W.
?; Durham Road, west of S .W. 98th Avenue .
A Staff Report
o Read by Daniels
B. Applicant' s Presentation;
o Kermit Carlile, applicant, stated that he was «orking
with Summerfield residents on a protective covenant
for the site and that no more trees than necessary
would be removed.
o Popp questioned whether access was available to S.W.
98th .
a Carlyle stated that there was no means to acquire ac
cess, and this requirement would hinder the project .
ORDINANCE No. 77-49
CITY OF TIGARD
P.O. Box 23397
12420 S.W. Main, Tigard, Oregon 97223
June 29, 1977
Kermit Carlile
Rt. 3 Box 278M
Sherwood, Oregon 97140
Re: R-7, Single Family Residential
from RU-4 (Washington County
Zoning) (Wash. Co. Tax Map 2S1
11CD, Tax Lots 800 and 900)
Zone Change
Mr, Carlile:
Enclosed is a copy of Ordinance No. 77-49 which was approved by the
Tigard City Council at its regular meeting of June 27, 1977. Your
request was approved with the following conditions as set forth in
the enclosed ordinance.
1. Twenty-five feet be dedicated along S.W. Durham Road for
street purposes.
2. The sewer and water lines in S.W. Durham Road be extended
from their current terminus to the western boundary of the
property or local improvement district agreements to do the
same be provided upon final action of the City Council
with regard to this request.
3. The applicant improve the street onto S.W. 98th Avenue to a
24 foot width if the right-of-way becomes available before
the subdivision is completed and streets and improvements
are accepted by the City of Tigard.
4. A covenant be attached to the deed of any lots abutting
Durham Road restricting direct access to Durham Road.
If you have any questions regarding this matter, please feel free to
contact me or the planning department.
Sincerely, .
"Doris 13artig �,
City Recorder
DH/fs
Tom..._. ..... .. .. _ .. r.-...._.....- .. . -
r
i
1
Kermit Carlile June 29, 1977
Zone Change Page 2
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k
NOTE: The following acknowledgment must be received by the City of
Tigard within fourteen (14) days of your receipt of this
letter. Failure to return this acknowledgment may result in
action by the City of Tigard.
I hereby acknowledge this letter documenting the action of the Tigard r
City Council. I have received and read this letter and I agree to the
decision here documented and to abide by any terms and/or conditions
attached.
!/ /, ��� � lam`: � ✓ 1% _{
Signature
Date
cc: Woodrow W. Hughes
12850 S.W. 22nd
Beaverton, Oregon 97005
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