Ordinance No. 78-26 CITY OF TIGARD, OREGON
ORDINANCE No. 78-_a1(a -
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY
CARL HECTOR FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF
TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND AT 15300 SW
PACIFIC HIGHWAY AND DEPICTED ON WASHINGTON COUNTY TAX MAP 2S1. IOD,
AS TAX LOTS 900 & 901 FROM WASHINGTON COUNTY RU-4 TO R-7 "SINGLE
FAMILY RESIDENTIAL"
AND
ANOPTING
IEXHIBIT
VE "A" & "B" GRANTING THE
APPLICATION AND
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 March 21, 1978, and all interested persons
opportunity to be heard, and thereafter
were there and then afforded an
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:
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
assume consistency throughout the City; and
2. That the proposed R-7 zoning district is
compatible with the surrounding zoning and the
Residential-Commercial Plan designation.
Section 2Y Therefore, pursuant to the requirements of Chapter 18.88 of
the Tigard Municipal Code, the applicant's request for an r
amendment of t. e i ar onin a o 1970 to zone those lands described
in the attached x i it , or ing e amily Residential (R-7) use
is hereby approved, subject to the provisions of Chapter 18.20 (Single
Family Residential Zone) of the Tignicipal Code so embodied
ard Ilu
in or exhibited by the documents submitted and identified as follows:
Exhibit "A" - Legal Description
Exhibit "B" - Staff Report
Section 3: This ordinance sha11 be effective on and after the 31st day
after its passage by the Council and approval by the Mayor.
ZC 6-78
3��
PASSED: Byvote of all Council members present
this �PA day"off . a���,_,, �_ , 1978, after being
read two times by number and- titre only.
Rec-or er - it i
APPROVED: By the Mayor this _y day of f,7p,,; / , 1978.
ayor - ity o' Tigard
PAGE 2
ORDINANCE No. 78-
ZC 6-78
Order No. 21-1158
l
i
EXHIBIT "A"
PARCEL
I
A portion of Lot lo , WILLOWBROOK FARM, in the County of Wash-_
ingto*+ and State of Oregon, described as follows :
Beginning at a 5/8 inch iron rod at the intersection) he
h a
Easterly line of Pacific Highway
(Highway 99-jest)
line 25.0 feet Southwesterly from (when measured at right
angles to) the center line of Naeve Road (Washington Couilty
Road No. 9Q0) ; thence
South 62°48' East on a line parallel
with the center line of said NeaveRoad,feetitoaacbarf at6the2
feet; thence South 0'06'30" Ea t
true point of beginning of the tract herein described;bar; t hencecP
continuing South 0006130" East 100.00 feet. to
Easterly right-
fic Highway;North 89°52' West 321.00 feet to a point thence Northerly 28.00
of-way line of. S. W. Paci
p_d along the arc
feet along said right-of-way line a9 .Q
foot radius curve to the left to a pipe at the end off a a. curve;
to a
thence North�14°18'30"tE�otth5 trueepoint of beginningthe-rice
South
89°52 East ..9-+.7.. fee.
PARCEL II
A portion of Lot 10, WILLOWBROOK FAR14, in the County of Wash-
ington and State of Oregon, described as follows:
Beginning at a 5/8 inch iron rod at the intersection of. the
Easterly lineof Pacific Highway (Highway 99-West) with a
dine 25.0 feet Southwesterly from .(when measured at right
unt
angles to) the center line of Naeve Road (Washing_ y
Road No. 900j ; thence South 62°48' East on a line parallel
with the center lire of said Naeve Road 262.72 feet; thence
South 0006' 30" East 20.85 feet to the true point of beginning
of the tract herein described; thence contii , c' South 0°06 '30"
East 100.0 feet to a bar; thence North 89°52West 294.73 feet
to a bar in the Easterly.right-of-Jay line of S. W. Pacific
Highway; . thence North l4
1.8'3Q" .East 103.14 feet along said
right-of-way line to a bar; thence South 89°52 ' East 269.45
f beginning.
feet to the true point 0
f �
J aItiSC-PANCE CUPIPANY•
9 i;AtISAi:}ERIG1 TIT_E
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! � �17 �� l t•iily tet vat.:ions actual
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S,j jv S4<iLjiit. tii rc t. - '1'i; LrLI, �)LEi'c)1.1-
ZONE MANGE ZC, 6
IiE`ti ll.'ti!; : 1'ci i' IL .:`)nt' l:!tLEi .LIT c?tl::llne?n t i rom Co! n iy RU-1 to City F-!,
Res.ident ial". for a 1 .4 acrc? parcel.
Lc)cal.tion ; 15:IOt> S.i''_ Pacific lii ;h,ea.y (4,'ctsh. Co. 'Crt tap 251 100,
Tax Lc)Ls 900 and 901) .
ApE)l..Lc ali t : Cani. Hee:cor
I . F'indin;gs of Fact :
1 . `['he si.t-e is dcs"is;na"ted "f.e5i.dent:ial Com -al" on the Tigard
Ct�lnm[lnity Pla.r:, 197:1 , and the NPO :6 Draft P_tan and current-
ly roiled IZU--1 (,County-Urban Res:icienti, I.
2 The a;lj)I cal!t. .Ls requestini; the application of the C-Lt.y
of `l'Louj.•il' %UlliLir C>1C1J.1!anC(:? t0 l ]"C'c'•^rtl 'y' i[.C1ilE�.•:'CF, D: i:`:�[i?-
bee a.3, 1:9x7, 1 .�i <<cxe i��trcc)l. .
City of T:iIand Ordinance 78-5A (1,')iva�'y 27, 1cJ78) di.r<_c,ts
the Planning Commission to conduct such Procc?iltn�;s as. may
be nc�c;c�ssarrl y to conlorthe authorized zoning and land use
O.E. thE. p:Li cel to lher eciu ii erac'rl is o i' t I I e Ci i y-'s Zoning
ithup and Code.
II . Sta-"f Findings and Observations:
1 The si-te :LS curren t.l.y orc spied by 2t siii}�"LC' :E LlIYCt 1�- residence
and a � rc'enhouse. SLiY'Z-oun(li.n- .Land uses are a. nursei'i' tC
the cast, :+ house on the r c) th, vacant pi -cel-s to the
south and west and across 1'ac; lic Ilio-tram King City FI1ann e(I
Dere Lop!,leat.
2. Water �et�° .c;e i aVa"Ll.able to Lhe s l:e :E'rotn the Ti,'a. :d tti<�."t �t
Di.st:ric't's 12-inch lin ) :i.n Pacific
'I h,• exist-in- house i.s 011 a .;, 1)t i.c tn.nk systom. Stin-i tar
�(,:, '•!' Sl''•I"il C.'•E
is curren 11Av :')t il,l'2i.! {..ti L tO Lhf--`. Sit
1:)?d.c'L t�l.G 1i_l ,'Ir.ti:[y i 3 dt:!.,;I Il Et"l:is l'"� tl, :`t:'. E::'l.
i.cf',t of' x !•';I;t- Oi C "' E'iK t.) "i.� rJt! t1V
17 , t'c.- .t cJ r Lil --o.f r..•, iL(:.i. Li i> '
1 ( F�r r'• ny,i -r is Cl. jJ1.th.1'LC' 3!(tJd Icy ;tj)j";`i C:J.f y of `I. Loa rd ?f I
,y
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;A
-
LI L els 0 [' 1anr.l in the ei t.y in ovdol• to ease th:�
adriir!i:c':..c :>.tioa c).' .la.rld .•Iso re uLat:io:ls rtl;d L!ssl.Ilne c:��:I
i.11 c? C.I.lV.
;? ['! v;.!t.h, the i
ru �11 ) -,( •. Iv'( i( tl .t 7 -� ' _ _.
�all':I O L,l eSUll1l1,� ,!.'1CI i..:E'. 5'i.ti(.'JYi G l } �;(i!t,i�)t:T'C'!it 1. .'t'.L=I•ll
t`
TV, 81.<lf.f Peca:;,,. nl:Iation.
app2•ovz!.l .
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MINUTES
TIGAR.D PLANNING COMMISSION
March 21,, 1978 1
Page 6
D.\ Staff Recommendation: t
Ba§,edupon findings of fact and conlusionary Pindings, .
staff recommends denial.
If the Commissioners choose not to deny the application,
then "thatstaff recommends the following in order of
preferenc
A. Tablet request, pending.resubmission of a preliminary
plan and rogram which address S the concerns iterated
in the star report. address
B. Approve the preliminary plan and program and direct
the applicantsubmit af'general plan and program
which addresses the concern iterated in the staff
report. \aP.
E. Commission Discussionction: •
.Wood stated it wasn'tD. but a subdivision. �
.Laws clarified it hVas four units per developable acre, '
a total of 44 unj.�s. g
4 .Wood agreed with~ staff recommenda ion T1 that the area
rugs subject tp flooding; that the ul-de-sac exceeded
limits; the entire site needed a mo e special type pro-
posal .
.Tepedino ,was concerned with the cul-de ac. lengths, the
ignorance of flood .plain and retention o soils, the
proble 'of where to put the increased run ff, the number
of lot plotted in flood plain; the extension of Katherine
Stree� would require pontoons and was compl tely unac
ceptAble.
.R ' sman agreed with staff recommendations and 1 �s impressed
a the number of people concerned with congesti
,= Wood moved for denial based on staff findings and�he
failure of the proposal to address storm water dete tion.
Rossman seconded.Motion vas unanimously approved.
5: 3 Zone Change .ZC 6-78 (Carl Hector) -
A request for a zone map amendment from County RU-4 to City
1F)._u7, "Single Family Residential" for a 1 .4 acre parcel at 114
15300 S.W. Pacific Highway (Yash. Co. Tax Map 231 IOD, Tax �
Lots 900 and 901) .
1
t
w r MINUTES
TIGARD PLANNING Co,. IISSION
march 21, 1978
Page 7
A. Staff Report: Read by Laws
B, Applicant's Presentation:
15300 S.W. Pacific Highway, stated he had
Carl Hector, when it was county and at .that time
purchased his property ,
+ ptable to them.
the nursery was acce
C. Public Testimony: s � �
a. Proponent's: No one spoke in favor.
b, Opponent's: No one spoke against.
D. Staff =R.ecommendation:
Staff recommends approval. t
E. Commission Discussion and Action:
Rossman moved for approval of the zone change from RU-4
to R-7.
�va _ sY. .aParoved
Wood seconded. Piotion .
5.4 onditional Use CU 5-78 (Carl Hector)
A r quest by Carl Rector for a Condition Use Permit to
oper e a nursery with retail sales on 1 .4 acre parcel at
15300 .a• Pacific Highway (Yash. Co ax Map 2S1 JOD, Tax
Lots 90 and 901) .
A. Staff ort: Read by Laws
B. Applicant' Presentation-
Carl
resentationCarl Hector,
300 S.I . Pacific Highway, stated he would
sell no peat mo , b would have some for his own use
and would sell so e plant accessories; explained access
and egress plan;
stioned screening need.
Laws stated th sales ea was the potential problem and
play random articles but that
the intent wa not to di
staff was c cerned ,with" ftening the visual impact from
Pacific Hi way.
. hector st ed he would have a untain in front and since
he live there, it would be kep tidy and the screening
would e okay.
__.. r; F•lthp applicant's intent
..Law- stated that staff was u arc n.
to andscape, but the sales area cool result in a po-
t retial eye sore if not properly screen d.