Ordinance No. 78-05 CITY OF TIGARD, OREGON
ORDINANCE No. 78-_,
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY RICHARD H. CAFFALL
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD CHANGING THE ZONE
DISTRICT FOR A TRACT OF LAND ON THE NORTH SIDE OF S.W. 100th ST:, BETWEEN S.W. ASH
AND S.W. MCDONALD AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1 2CD AS TAX LOT 2100,
FROM WASHINGTON COUNTY "RU 4" TO 'CITY OF TIGARD "R=7"SINGLE FAMILY RESIDENTIAL AND
ADOPT ING"EXHIBIT""X11`�ANDT"B" ORANTING`THE,APPLICATION AND.:FIXINGiAN 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 pursuant to the provisions
of the City of Tigard's Zoning Ordinance and Tigard Ordinance No. 75-52, 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 December o, 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 therefor hereto
attached and by reference made a part hereof, the Council adopts the following
substantive findings:
A. That the application is in conformance with the Tigard Community Plan
in that the minimum lot size allowable in the R-7 zone does not exceed
density ].imitations of the urban low density residential designation.
B. That there exists a public need to assign city zoning to the annexed
parcels of land herein described; and
C. That the proposed zoning is compatible with the surrounding neighborhood.
SECTION 2, THEREFORE, pursuant to the requirements of Chapter 18.88 of the Tigard
Municipal Code, 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 conditions:
1. Ten feet be dedicated along the McDonald Street frontage and five
feet be dedicated along the Ash Street frontage.
2. File with the City Recorder an agreement not to remonstrate against
a Local Improvement District for street improvements to S.W. McDonald,
S.W. 100th, and S.W. Ash Streets.
ORDINANCE No.'78- r'
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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 St ;'lcnrn u7r,� vote of all Council members present this
-".? day of Jss , 1978, after being read two times
by number and title only.
Recorder - C ty of Ti rd
APPROVED: By the Mayor this3 day of 1978.
Mayor - City of Tigard
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EXHIBIT "A"
Beginning at an iron pipe at the Northwest corner of Lot 30, of Frewing:s
Orchard Tracts Subdivision in Section 2, Township 2 South, Range 1 West
of the Willamette Meridian, Washington County, Oregon, running thence on
the North line of said Lot 30, North 74° 39' East 147.9 feet; thence South
3° 18' East parallel with the West line of said Lot 30, 621.2 feet to a
point on the South line of said Lot 30; thence on the South line of Lot 30,
South 89° 32' West 144.9 feet to the South West corner of said Lot 30; thence
on the West line of said Lot 30, North 30 18' West 582.8 feet to the place
of the beginning.
s ORDIXI MCE No.: 78- 1
C
STAFF REPORT EXHIBIT "B"
AGENDA 5.2
TIGARD PLANNING COMMISSION
November- 1 , 1977 - 7:30 p.m.
Powlez Junior High School -- Lecture Room
10865 S.W. Walnut St: - Tigard, Oregon
Docket: Zone Change ZC 34-77
Request: For a zone map amendment to charge the zoning designation
from Washington County RIJ-4 to City of Tigard 11R-7, Single
Family Residential" zone for a 1,59 acre parcel
Location: North side of 100th Street between Ash and McDonald (Wash.
Co. Tax Map 2S1 2CD, Tax Lot 3100)
Applicant: Richard Caffall
I . Findings of Fact :
1. The applicant is requesting the application of the City of
Tigard zoning ordinance to a recently annexed, August 24,
1977, 1.59 acre parcel , designated "Urban Low Density Resi-
dential" on the NPO #1 Plan .
2. City of Tigard Ordinance 77--85 (September 26, 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 appli cable policy from the NPO #1 Plan is .as follows
The maximum overall density of development will be four &Oelling units
or 12 persons per gross acre. This amounts to a standard of 7,500
square feet of Zand per d+velling unit, allowing for streets and other
open space. Some areas will have a lower density owing to topography,
existing development patterns or the desire of individuals to own a
larger lot.
II . Staff Observations:
1. The site is a vacant, gently sloping (south to north) par-
eel. Surrounding land uses are single family residential
to the south, east, and west; to the north is the Berea sub-
division (presently under construction) .
G. Water service is available to the site via an eight inch
line in McDonald, a six inch line in 100th, and a 12 inch
line in Ash Sanitary sewer service is currently not
R
STAFF REPORT
AGENDA 5.2
TIGARD PLAITNING COMMISSION
November"1, 1977
Page 2
available to the site, and a line would have to be extended
from the north.
3. S.W. 100th and S.W. Ash Streets are designated on the NPO #1
Plan as local streets and requiring 50 feet of right-of-way.
S.W. Ash Street currently lacks the necessary right-of-way.-
therefore,
ight-of-way;therefore, an additional five feet of dedication would be
required. S.W. McDonald is designated a collector street,
requiring 60 feet of right-of-way. S.W. McDonald is cur-
rently on a 40 foot right-of--way. An additioal ten foot
dedication would be required. Presently all three streets
are substandard, lacking curb, sidewalks, and lighting.
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 ad-
ministration of land use regulations and assure consistency
throughout the city.
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 NPO #1 Plan ifn"that
". it limits the maximum overall density to four dwelling 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 extension of a sanitary sewer line to the site would be
.necessary before this parcel could develop.
IV. Staff Recommendation:
Based on the Findings of Fact and Conclusionary Findings, staff
recommends approval subject to the following conditions:
1. Ten feet be dedicated along the McDonald Street frontage
and five feet be dedicated along the Ash Street frontage.
2. File with the City Recorder an agreement not to remonstrate
against a Local Improvement District for street improve-
ments to S.W. McDonald, S.W. 100th, and S.W. Ash Streets.
MINUTES
TIGARD PLANNING COMMISSION
December 6, 1977
Page 4
Guldbach moved for approval and Brian seconded based
on staff recommendations.
The motion was approved by unanimous voice vote.
5.2 Zone Changs ZC 34-77 (Caffall) (Fabled from Planning Com-
mission meetin tuber 1, 1977)
A request by R. H. Caffall for a zone map amendment to
change the zoning designation from Washington County Zon-
ing RU--4 to City of Tigard Zoning "R-7", Single Family Re-
sidential, for a 1.59 acre parcel at the north side of
100th Street between Ash and McDonald (Wash. Co. Tax Map
2S1 2CD, Tax Lot 3100)
A. Staff Report:
Read by Laws
B. Applicant's Presentation:
Bill McMonagle, of S.W. Commercial Street, stated they
had no objections to a zoning change.
C. Public Testimony:
None
D. Staff Recommendation:
Based on the findings of fact and conclusionary find-
ings,,-staff ,recommends approval subject to the follow-
ing conditions:
1. Ten feet be dedicated along the McDonald Street
frontage and five feet be dedicated along the Ash
Street frontage.
2. File with the City Recorder an agreement not to re-
monstrate against a Local Improvement District for
street improvements to S.W. McDonald, S.W. 100th,
and S.W. Ash Streets.
E. Commission Discussion:
Sakata moved and Goldbach seconded for approval based
on staff recommendations.
The motion was approved by unanimous voice vote.