Ordinance No. 77-86 P
CITY OF TIGARD
ORDINANCE No. 77-
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY MELVIN
AND VICTORIA MCBRIDE FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY
OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT 9220 S.W. DURHAM
ROAD AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1-14A, AS TAX LOT 400,
FROM WASHINGTON COUNTY "RS1" to "R-7" SINGLE FAMILY RESIDENTIAL AND ADOPT-
ING EXHIBITS "A & B", GRANTING THE APPLICATTON AND FIXING AN EFFECTIVE
DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been here-
tofore and are now classified as Washington County,RS-1 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 September 6, 1977, and all in-
terested persons were there and then afforded an opportunity to be heard,
and thereafter the Planning Commission filed its report and recommended
approval rth the City Recorder, a copy therefore hereto attached and by
reference made a part hereon , 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 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 Tigard Community Plan, 1971 in that it limits the maximum over-
all density to four dwelling units/acre and with the attachment of ap-
propriate 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 Ccde, 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
and further subject to the following condition:
ORDINANCE No._ 77
ZC 32-77
1. File with the City Recorder an agreement not to remonstrate
against a Isocal Improvement District for street improvements
to S.W. 92nd Avenue.
2. Five foot dedication of right-of-way be provided along the
S.W. 92nd Avenue frontage.
SECTION 3: This Ordinance shall be effective on and after the 31st
day after its passage by the City Council and approval
by the Mayor.
PASSED: By un,:t*i1 )u,-- vote of all Council members present this
/ u71 day of O--hUb�e- , 1977, after being read three times by
number and title only.
City Recorder - City/olf Tigard
APPROVED: By the mayor this /U day of 1977.
Mayor - City of Tigard
Ordinance No. 77- �'6
ZC 32-77
4
EXHIBIT "A"
Beginning at the Northwest corner of that certain tract conveyed to
C. L. Shaver by deed recorded in Book 53 at Page 195; thence East 264
feet to an iron on the West line of a 20 .foot wide private roadway;
thence North on said West line 677 feet to the true point of beginning
of the tract herein conveyed; thence West 433 feet to an iron on the
East line of that certain tract conveyed to Donald Davis and Elizabeth
Davis, be deed recorded in Book 156, at page 140; thence North along
the East line of said Davis tract and a continuation thereof 180
feet, more or less, to the Southwest corner of that certain tract
conveyed to Donald H. Allen, by deed recorded in Book 324, at page
168; thence East on the South line of said Allen tract and a continua-
tion thereof 417.42 feet to a point; thence North 208.71 feet to a
point on the North line of said Section 14; thence East 15 feet,
more or less, to a point North of the point of beginning; thence
South 388 feet, more or less, to the point of beginning; save and ex-
cepting the South 5 feet and the West 10 feet reserved .for roadway
purposes.
Ii
r EXHIBIT "B"
STAFF REPORT
AGENDA 5. 2
TIGARD PLANNING COMMISSION
September 6, 1977 - 7:30 p.m.
Fowler Junior High School - Lecture Room s
10865 S.W. Walnut Street - Tigard, Oregon
1
t
Docket: Zone Change ZC 32-77
Request: For a zone map amendment to change the zoning designation
from Washington County Zoning "RS-1" to City of Tigard "R-
7, Single Family Residential" for a 1.77 acre parcel . .
Location: 9220 S.W. Durham Road (Wash. Co. Tax Map 2S1 14A, Tax Lot
400)
Applicant : Melvin McBride
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, 1.77 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 Pian, 1971,
is as follows:
The maximum overall density of development will be four dwel -
ling units or 12 persons per gross acre. This amounts to a
standard of 7,500 square feet of land per dwelling unit al-
lowing for streets and other open space. Some areas will
have a lower density owing to topography, existing develop-
ment patterns or the desire of individuals to own a larger
lot.
II . Staff Observations:
1. Thr-:..;;ite is a flat, open field with the exception of a few
deciduous trees and an older home which occupies the front
portion of the parcel. Surrounding land uses are single
family homes to the west and north, the Kneeland Estates
subdivision (undeveloped at this time) to the south, and
across S.W. 92nd and to the east the Tigard High School
site.
STAFF REPORT
AGENDA 5.2
TIGARD PLANNING COMMISSION
September 6, 1977
Page 2
2. Water service is available to the site via an eight inch
line in S.W. 92nd and a 12 inch line in S.W, Durham Road.
Sewerage service is also available from a 12 inch line in
Durham Road.
. 3. S.W. 92nd is in substandard condition and lacking in the
necessary right-of-way of 60 feet. However, this additional .
right-of-way will be needed on the east side of 92nd, and,
therefore, at such time as the school district makes appli-
cation to expand on their site, dedication of the additional
footage necessary will be required of the school district.
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 admin-
istration of land use regulations.
2. 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, 1973., in
that it limits the maximum overall density to four dwelling
units per acre.
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.
f, IV. Staff Recommendation:
Staff recommends approval with the following condition:
1. File with the City Recorder an agreement not to remonstrate
against a Local Improvement District for street improvements
to S.W. 92nd Avenue.
k