Ordinance No. 77-91 r
CITY OF TIGARD, OREGON
ORDINANCE NO. 77- q/ _
ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
IRENE AND JAMES MC COY FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE
CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT
15805 S.W. 98TH AVENUE, AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1
11CD AS TAX LOT 700, 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
heretofore 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 hearing held by the Tigard Planning Commission on September
20, 1977, and all interested 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. 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 and assure consistency
throughout the city.
B. 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/acre.
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 Ti and 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 Residential Zone) of the Tigard Municipal Code
so embodied in or exhibited by the document submitted and identified
as follows
Ordinance No. 77- _
ZC 31-77
Exhibit "A" : Legal Description
Exhibit "B": Staff Report
and further subject to the following conditions:
1. That the necessary right-of-way be provided to accommodate
the extension of a street from the Kerwood Estates subdivi-
sion onto S.W. 98th Avenue. This would require a minimum
right-of-way of 50 feet along the west property line, taper-
ing to 40 feet out to S.W. 98th Avenue.
2. That five feet dedication of right-of-way be provided along
the S.W. 98th Avenue frontage.
SECTION 3: This ordinance shall be effective on and after the 31st
day after its passage by the Council and approval by the
mayor.
PASSED: By Major..tq vote of all Council members present this
/J/ day of �Y a&*t6.e,-- , 1977, after being read three times by
s number and title only.
Recorder - City of and
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APPROVED: By the mayor this ) day of 1977.
Mayor - City of Tigard
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Ordinance No. 77- � r'
page 2
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"A"EXHIBIT
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The South 100 feet of the North 591 feet of the East half of Lot 21,
Alderbrook Farm, according to the duly recorded plat thereof.
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STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
September 20, 1977 - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
Docket: Zone Change ZC 31-77
Request: Zone map amendment to change the zoning designation from
Washington County RU-4 to City of Tigard "R-7, Single
Family Residential" for a 1.9 acre parcel
Location: 15805 S.W. 98th Avenue (Wash. Co. Tax Map 2S1 11CD, Tax
Lot 700)
Applicant: Irene and James McCoy
I. Findings:
1, The applicant is requesting the application of the City of
Tigard zoning ordinance to a recently annexed, May 4, 1977,
1.9 acre parcel designated "Urban Low Density Residential"
on the Tigard Community Plan.
2. City of Tigard Ordinance 77-44 (June 27, 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 Plan, 1971,
is as follows:
"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 square feet of land per dwelling
unit allowing for streets and other open space. Some areas
will have a lower density owing to topography, existing de-
velopment patterns or the desire of individuals to own a
larger lot."
4. On August 22, 1977, the City Council amended a condition of
Ordinance No. 77-49, a zone change request by Kermit Car-
lile and Woody Hughes (owners of the property adjacent the
subject parcel to the west) requiring Mr. Hughes and Mr.
Carlile "to improve the street onto S.W. 98th Avenue to a
24 foot width with curbs, storm drainage, and sidewalk on
one side, if the right-of-way became available before the
subdivision was completed and streets and improvements were
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STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
September 20, 1.977
Page 2
accepted by the City of Tigard." The right-of-way referred
to in this condition is located in the north portion of the
McCoy property. To satisfy this condition 50 feet of right-
of-way along the west property line of the McCoy property
would be necessary to accommodate the alignment of the
street within the Kerwood Estates subdivision; however, the
right-of-way can be tapered down to 40 feet once the neces-
sary radius has been accomplished from reducing the pave-
ment from 34 feet to 24 feet.
5. The site is flat. A single family home is located in the
southern portion of the lot, and a nut orchard is located
in the northern end of the parcel. Surrounding land uses
are the Summerfield golf course to the north, the Church of
God and Church of Christ to the east and across S.W. 98th,
a single family home to the south, and the "Kenwood Estates"
subdivision (undeveloped at this time) to the west.
6. Water service is available to the site via a 12 inch line
in S.W. 98th Avenue. Sanitary sewer service would have to
be extended to the site from an eight inch line in Durham.
7. S.W. 8th Avenue is in substandard condition. However, im-
provements to this street will be provided at such time as
the applicants develop their property.
8. S.W. 98th is designated as a collector street on the Tigard
Community Plan, 1971 and requires 60 feet of right-of-way.
There is presently 55 feet of right-of-way. Therefore, an
additional five foot dedication would be necessary.
II. 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 ad-
ministration of land use regulations.
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 unity 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.
STAFF REPORT
r AGENDA 5.4
TIGARD PLANNING COMMISSION
September 20, 1977
Page 3
III. Staff Recommendation:
Staff recommends approval with the following condition:
1. That the necessary right-of-way be provided to accommodate
the extension of a street from the he.rwood Estates subdivi-
sion onto S.W. 98th Avenue. This would require a minimum
right-of-way of 50 feet along the west property line taper-
ing to 40 feet out to S.W. 98th Avenue.
2• That five feet dedicat-ion of -tgfiE=of=Vay be provided along
the S.W. 98th Avenue frontage.
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MINUTES
TIGARD PLANNING COMMISSION
September 20, 1977
Page 6
D. Staff Recommendation:
Staff recommends approval.
The motion was approved by unanimous voice vote.
/ 5.4 Zone Change ZC 31-77 (McCoy)
A request by Irene and James McCoy for a zone map
amendment to change the zoning designation from
Wash-ington County Zoning RU-4 to City of Tigard Zoning
"R-7, Single Family Residential" for a 1.9 acre parcel
at 15805 S.W. 98th Avenue (Wash. Co. Tax Map 2S1 11CD,
{ Tax Lot 700)
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A. Staff Report:
Read by Laws
B. Applicant's Presentation:
James McCoy asked for approval so that they could
act within City Zoning.
C. Public Testimony:
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None
D. Staff Recommendation:
a. Staff:
Staff recommends approval with the following condition:
That the necessary right-of-way be provided to accom-
modate the extension of a street from the Kerwood
Estates subdivision onto S.W. 98th Avenue. This would
require a minimum right-of-way of 50 feet along the
west property line tapering to 40 feet out to S.W.
98th Avenue. And, that five feet dedication on right- 1`
of-way be provi;iEd along the S.W. 98th Avenue frontage.
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b. Cross-examination:
None
E. Commission Discussion and Action:
Sakata moved and Tepedino seconded for approval with
staff recommendations.
The motion was passed by unanimous 1-')ice vote. E
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